EU legal adviser backs cancelation of EU-Morocco fishing agreement over disputed Western Sahara

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Fish is displayed for merchants inside the main port in Dakhla city, Western Sahara, on Dec. 21, 2020. (AP)
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Fishermen transport their catch after docking in the main port in Dakhla city, Western Sahara, on Dec. 21, 2020. (AP)
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A worker walks past a fishing vessel docked in the main port in Dakhla city, Western Sahara, on Dec. 21, 2020. (AP)
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Updated 22 March 2024
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EU legal adviser backs cancelation of EU-Morocco fishing agreement over disputed Western Sahara

  • The 2019 Morocco-EU agreement provided Morocco $226 million over four years in exchange for fishing permits
  • The waters off of the disputed Western Sahara’s 1,110-km coastline are rich in fish such as sardines and sardinella

RABAT, Morocco: A legal adviser to the European Union’s top court recommended Thursday that it annul an agreement with Morocco which would have allowed European boats to fish off the disputed Western Sahara ‘s coast.

The adviser said the agreement didn’t fully take into account the consequences on the rights of the people of the disputed territory “to benefit from the natural resources of the waters.”
The advocate general for the Court of Justice of the EU backed the court’s earlier ruling and recommended it reject appeals that sought to uphold Europe’s 2019 Sustainable Fisheries Partnership Agreement with Morocco and send the case back to a lower court. The court in 2021 ruled in favor of the pro-independence Polisario Front that the agreement violated the rights of people in the disputed Western Sahara.
The agreement laid out where European vessels with Moroccan permits can fish and included Moroccan-controlled waters west of the disputed territory.
Advocate General Tamara Capeta’s recommendations concluded that the agreement failed “to treat the territory of Western Sahara as ‘separate and distinct’ from the territory of the Kingdom of Morocco.” But she said that Europe could negotiate with Morocco as the territory’s administering power on behalf of residents as long as they’re treated separately.
The court generally follows recommendations from appointed legal experts like Capeta and Thursday’s recommendations strike a blow against Morocco and the European authorities who appealed the ruling. The court will likely consider her recommendations and return with a ruling in the months ahead. Since the four-year accord expired in July, the court’s looming decision can shape future agreements, not any in effect.
Morocco was not party to the case, though trade associations for its farmers and fishermen backed the appeals. Mustapha Baitas, the country’s government spokesperson, underlined on Thursday that the recommendations were non-binding.
“The European Union should, by way of its institutions and member states, assume fully its responsibility for the preservation and protection of the partnership with Morocco in the face of provocations and political maneuvers,” he said, according to the state news agency MAP.
The 2019 Morocco-EU agreement was the latest of a series of accords dating back to 1988 and provided Morocco 208 million euros ($226 million) over four years in exchange for 128 fishing permits, mostly for Spanish boats.
The waters off of the disputed Western Sahara’s 690-mile (1,110-kilometer) coastline are rich in fish such as sardines and sardinella. Morocco also has fishing agreements with Japan and Russia.
The court case is among the ways in which the Polisario Front has pressed its sovereignty claims and put pressure on Morocco’s economic and foreign policy agenda. Its legal challenge was among half a dozen it filed in European Court regarding Moroccan exports and trade.
In a statement on Thursday, the Polisario Front cautioned that the advocate general’s determinations were merely recommendations but it applauded them as favorable, saying “in this legal battle that began a decade ago, great progress has been made.”
The agreement under scrutiny pertains to fishing rights off the northwest African coast but the heart of the issue is about land.
The status of the disputed Western Sahara has been a major sticking point between Morocco and the EU, which sees North African governments as critical partners in fighting terrorism and managing migration. The EU is Morocco’s biggest trade partner and foreign investor.
The territory has been fought over by Morocco and the Algeria-backed Polisario Front since Spain withdrew in 1975. Morocco considers the territory its southern provinces and governs all parts except a sliver near the Algerian border.
Thursday’s recommendations come as an increasing number of countries, including 15 EU members, shift their stances to back a Moroccan plan that would offer the resource-rich territory wide-ranging autonomy but not a referendum toward potential independence.
Though Spain is among the nations that now backs Morocco’s autonomy plan, Polisario Front representatives met with Canary Islands fishermen last summer hoping to strike an agreement to provide their own one-year licenses, Spanish media reported last July.
In linked decisions, Capeta also recommended the court not ban the import of tomatoes and melons from the disputed territory to France but require they be labeled as from Western Sahara, not Morocco.
She also recommended the court side with a European appeal challenging a ruling rejecting tariffs on Moroccan imports. She said extending a tariff agreement Europe made with Morocco on products from the disputed territory shouldn’t be seen as a violation of the Western Sahara’s right to self-determination.


How talks in Riyadh led to the end of harsh US sanctions on Syria

Updated 42 min 44 sec ago
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How talks in Riyadh led to the end of harsh US sanctions on Syria

  • Congress’ repeal of the Caesar Act caps a Saudi-led diplomatic push to reintegrate a war-weary nation into the global economy
  • The end of tough US sanctions opens the door to foreign investment as Damascus reenters the world stage, analysts say

RIYADH: What began as a Saudi-led push to reengage Syria after the fall of Bashar Assad reached a pivotal moment on Dec. 17 when the US Congress voted to permanently repeal the Caesar Syria Civilian Protection Act of 2019.

The long-awaited step has removed a major obstacle to foreign investment and economic recovery in Syria, analysts say, further easing the nation’s global reintegration after years of international isolation.

“Saudi Arabia believed that bringing Syria back into the Arab fold was the right path forward,” Ghassan Ibrahim, a Syria expert and head of the London-based Global Arab Network, told Arab News.

“To achieve this, it required a strong and clear decision to support Syria. One of the main challenges was lifting sanctions and reconnecting Syria with the US, and Saudi Arabia played a major role in accomplishing that.”

A May 14 meeting in Riyadh between Saudi Crown Prince Mohammed bin Salman, US President Trump and Syrian President Al- Sharaa paved the way for the Caesar Act repeal. (Saudi Royal Palace handout photo/File)

Hani Nasira, a regional political analyst, said the decision stemmed from a meeting in Riyadh in May between Saudi Crown Prince Mohammed bin Salman, US President Donald Trump, and Syria’s interim President Ahmad Al-Sharaa.

“Following this decision, Syria will regain its vitality, and the train of development will return to the country,” Nasira told Arab News.

He said Saudi Arabia has emerged as “the foremost driving force and the most important incubator” of Syria’s return to the international community — a role underscored by Washington’s decision to end its strictest sanction.

Trump signaled that intent at the start of his three-day visit to Saudi Arabia on May 13. “After discussing the situation in Syria with the (Saudi) crown prince, I will be ordering the cessation of sanctions against Syria in order to give them a chance at greatness,” he said.

People gather to mark the first anniversary of Bashar al-Assad's fall, in Aleppo, Syria, on December 8, 2025. (REUTERS)

The following day in Riyadh, Trump met Al-Sharaa — who had led the rebel offensive that toppled Assad on Dec. 8, 2024 — marking the first high-level US-Syria meeting in a quarter of a century.

The meeting represented a dramatic turn for a country still adjusting to life after more than five decades of Assad family rule, and for an interim president who until recently had a $10 million bounty on his head.

“The meeting in Riyadh between the three leaders was carefully arranged and reflected a shared desire and need for cooperation between Syria and Saudi Arabia,” Ibrahim said.

“This cooperation laid the groundwork for a new type of coalition — one aimed at bringing greater stability and prosperity to the region.

“The Saudi, American and Syrian leaderships came together around a common vision; that stability is the pathway to prosperity. This vision aligns with Saudi Arabia’s Vision 2030, and all sides shared similar perspectives and objectives.”

Diplomatic momentum quickly followed. On May 23, US Secretary of State Marco Rubio signed a 180-day waiver of the Caesar Act’s secondary sanctions to facilitate humanitarian aid and early recovery efforts.

Syrian Foreign Minister Asaad Hassan al-Shibani (L) shakes hands with US Secretary of State Marco Rubio at the NEST International Convention Center, in Antalya, Turkiye, on May 15, 2025. (AFP/File)

Nearly a month later, on June 30, Trump issued an executive order terminating the broader US sanctions program on Syria, effective July 1, and instructed the State Department to review whether additional Caesar-mandated sanctions should be suspended.

In November, following Al-Sharaa’s historic visit to the White House — the first Syrian leader to do so — the Caesar Act suspension was temporarily extended for another 180 days before Congress ultimately moved to repeal it.

“When Assad was in power, Syria’s only allies were Iran and Russia,” Ibrahim said. “After his removal, Syria was left with just one uncertain partner: Russia. That made reconnecting with the world essential.

“President Al-Sharaa chose Saudi Arabia as the first gateway to reestablish Syria’s ties with the international community. Saudi Arabia did not hesitate; it supported the new Syria and its new leadership.

“The relationship between the two countries had always existed, but it needed this push to be fully restored.”

First imposed in 2019 during Trump’s first term, the Caesar Act was a cornerstone of US pressure on the former Syrian regime.

Designed to deter foreign entities from doing business with Damascus, the law reportedly exacted a heavy toll on ordinary Syrians already suffering through a civil war that began in 2011.

Although the act formally expired in December last year under its five-year sunset clause, Congress renewed it through the 2025 National Defense Authorization Act, extending its reach into 2029 before reversing course months later.

Assad fled to Russia on Dec. 8, 2024, after Al-Sharaa’s Hayat Tahrir Al-Sham seized Damascus. In the months that followed, and amid appeals from Saudi Arabia and other regional powers, the Trump administration reassessed its Syria policy.

Beyond the symbolic importance of repealing the Caesar Act, Nasira said it will facilitate the release of Syrian assets held abroad, estimated at about $400 million, providing critical funding for economic reforms.

The World Bank estimates that reconstruction will cost between $140 billion and $345 billion, with a “best estimate” of $216 billion — nearly 10 times Syria’s 2024 gross domestic product of $21.4 billion.

In July, Damascus hosted its first Syrian-Saudi Investment Forum, producing more than 40 preliminary agreements worth about $6 billion across sectors including infrastructure, telecoms, tourism and health care.

That same month, Syria signed an $800 million agreement with Dubai Ports World to upgrade port infrastructure.

In August, it reached additional energy deals with Saudi Arabia, while a separate $7 billion energy project involving Turkish, Qatari and US firms promises to boost electricity supply.

Even so, sanctions relief alone, while “necessary,” is “far from sufficient,” said Vittorio Maresca di Serracapriola, lead sanctions expert at Karam Shaar Advisory

“For international capital to enter Syria at scale, deeper conditions must be met; meaningful banking sector reform, upgraded anti-money laundering and combating the financing of terrorism standards, and above all, political and security stability,” he said. 

Nevertheless, Ibrahim believes the repeal of the Caesar Act will allow Syria to “move to the next phase; reconstructing the country and ensuring there is no vacuum of authority or power.”

“It gives Syria a real opportunity,” he said. “The next step is strengthening the new leadership, deepening cooperation, attracting investment and restoring Syria as a normal member of the international community.”

Al-Sharaa echoed that message in his first post on X following the repeal, congratulating Syrians and thanking those who helped lift the sanctions.

“Through the will of the Syrians and the support of brothers and friends, a page of suffering has been turned, and a new phase of reconstruction has begun,” he said.

“Hand in hand, we move forward toward a future worthy of our people and our homeland.”