Countries appear divided on the proposed extension of the much contested fish pact. One particular concern sticks out: the agreement's impact on Western Sahara - a territory largely occupied by Morocco since 1975. Western Sahara’s waters holds rich fish stocks that are fished under the agreement.

The one-year extension has to be adopted by the Member States before the end of August in order for fishing to continue.

But quite a few countries are still hesitant whether or not to endorse the proposal. Their principle concern is that there is not enough proof that the people of Western Sahara have benefitted from the agreement.

However, no consultation have ever been made with the Saharawi people, and no evidence have been given as to whether they benefit.

Precisely because it goes against the wishes and the interests of the Saharawi people, the EU fisheries in Western Sahara is considered in violation of international law. A UN Legal Opinion of 2002 sets prior consultation of and benefits to the Saharawi people as preconditions for exploiting the territory’s resources. This opinion was echoed by the Legal Services of the European Parliament, who in 2009 stated that the FPA needed to be amended or suspended straight away for violating international law.

In February 2011, the European Commission’s request to negotiate a one-year extension of the FPA was condoned by a narrow majority. Sweden, Denmark and the United Kingdom voted against the Commission’s sought mandate, while Germany and Finland abstained, due to the lack of proof of benefits to the people of Western Sahara.

Blatantly ignoring the lack of proof on the Saharawi's wishes or benefits concerning the FPA, Spain and France are pushing for a fast adoption of the one-year extension. They claim that Morocco has presented evidence that the fisheries agreement has contributed to creating employment in Western Sahara.

But this assertion is contradicted by an evaluation report of the FPA, requested and paid for by the European Commission. This report considers the FPA a failure in many respects. The FPA is labelled to be the worst of all ongoing bilateral agreements, and has not succeeded in creating jobs the Moroccan fishing sector. Furthermore, the EU’s fishing adds further damage to already over-exploited stocks.

Ambassadors are expected to continue discussions in the next few weeks.