Sweden was the only EU Member State to issue a critical statement with regard to the granting of the negotiation mandate. Read that statement below.
“Sweden supports the recommendation for a Council Decision authorising the opening of negotiations on the adaptation of protocols to the Agreement between the European Union and the Kingdom of Morocco, since the Council decision and its annex clearly state that a future agreement between the European Council and the Kingdom of Morocco should be in line with the judgment of the European Court of Justice in Case C-104/16 P.
Sweden has taken good note of the statement made by the CLS that the mandate is in line with the judgment. Sweden looks forward to the information and reports, which are to be provided by the Commission to Member States through the Council Mashreq/Maghreb Working Party in order to monitor the progress and outcome of the negotiations.
Sweden notes that the Commission shall assess the potential implications of the agreement for sustainable development, in particular as regards the benefits for the people concerned.
Under international law the people of Western Sahara enjoys the right to self-determination. The abovementioned judgment of the European Court of Justice states that an agreement with Morocco covering the territory of Western Sahara must receive the consent of the people of Western Sahara. Sweden understands that the use of “people concerned” in the Council decision’s annex refers to “the people of Western Sahara” in line with the judgment.
Sweden’s support for a future agreement is dependent on that such an agreement fully respects international law, including the said judgment.”
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TAQA-Moeve obtains land in occupied Western Sahara
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EU-Morocco Statement: autonomy without self-determination, law without lawfulness
A joint statement that came out of last week’s EU-Morocco Association Council asks readers to believe in a fiction: that an undefined autonomy plan imposed by an occupying power can satisfy the right to self-determination, and that respect for international law can coexist with the systematic ignoring of the EU’s own highest court.