"You may have access to paragraphs 1 to 3 including footnotes 1 to 7". The EU Council replied to WSRW's request for public access to its legal opinion on including Western Sahara in the new EU-Morocco fisheries agreement.
On 22 November 2018, Western Sahara Resource Watch (WSRW) issued a request for access to the EU Council's legal opinion on the new proposed EU-Morocco Fisheries Agreement and its Protocol, that will explicitly be applied to occupied Western Sahara.
The EU's controversial fishing practice in Western Sahara originates from an old Spanish-Moroccan agreement that was signed during the Franco-era. Shortly after, as the Spaniards withdrew from their colony, Morocco went on to occupy large parts of Western Sahara, to UN condemnation.
The EU Council's lawyers have lost four consecutive court cases against the representatives of the Western Sahara people in the Court of Justice of the European Union. Each time, because they had failed to take into account that no deals in Western Sahara can be struck without respecting the Saharawi's right to self-determination.
However, the CJEU's decisions have systematically been ignored by the EU institutions. All evidence suggest that the EU has forgotten to address this issue yet again, as the new deal is up for vote in the European Parliament in February. The UN-recognised representation of the people of Western Sahara, the Polisario Front, has already initiated legal proceedings against the proposed fisheries agreement.
In view thereof, WSRW made a request for access to the Council's legal opinion on the proposed fisheries agreement, under EU legislation granting EU citizens access to documents of the EU Parliament, Commission, or - indeed - Council.
The Council Secretariat responded on 19 December 2018 by sending the first two pages of the legal opinion - the following 14 pages had been deleted.
Find the legal opinion, as the Council chooses to share it with the EU public, here.
The document as sent to WSRW, contains literally only three introductory paragraphs. The accompanying letter, arguing why the legal opinion can't be fully disclosed, is much longer. The argumentation is quasi identical to the explanation for denying WSRW full access to the legal opinion on extending the EU-Morocco trade deal to occupied Western Sahara. Here are the main arguments, and our rebuttal.
The French government intends to finance a cable that will transport energy from Morocco's illegal projects in occupied Western Sahara to Morocco proper.
The following overview enlists stock-exchange registered companies currently operating in Western Sahara. Updated 6 May 2024.
The two Spanish companies that are exporting practically all petroleum into occupied Western Sahara remain non-communicative.
How can it be wrong to develop renewable energy, in a world that is in desperate need for a green transition? In Western Sahara, the problems are numerous.