In a pivotal step this Thursday, the European Union’s Advocate General urged the Court of Justice of the European Union to annul the Council’s decision that authorized the framework agreement for sustainable fishing with the Kingdom of Morocco. This move signals a potentially significant shift in EU-Morocco fisheries governance and could reshape how the two parties manage shared marine resources. (Citation: European Court of Justice)
Advocate General Tamara Capeta backs the General Court’s earlier ruling, which, in 2021, voided the Council’s decision approving the association agreement and its accompanying protocol. The opinion preserves the effects of that judgment pending the Court of Justice’s ruling on the appeals lodged by both the Council and the Commission against the General Court’s decision. The implications of this stance extend beyond the legality of the approval itself, touching on compliance, monitoring, and the broader framework that governs fishing activities between the EU and Morocco. (Citation: European Court of Justice)
The Advocate General recommends that the Court of Justice dismiss the appeals of cassation and uphold the General Court’s annulment of the Council’s decision. This aligns with a broader view that the legal basis for the agreement may not have been sufficiently robust under the relevant EU law at the time, and it underscores the need for careful reevaluation of the instrument governing the EU’s fishing relationship with Morocco. (Citation: European Court of Justice)
The protocol attached to the fishing agreement expired on July 17, triggering a suspension of fishing activity that has echoes across the EU fleet. Spain, in particular, feels the impact strongly: 92 of the 138 licenses tied to the zone are registered under its flag, with the Andalusian, Galician, and Canary Islands fleets most affected. The suspension reverberates through regional economies, port activity, and the livelihoods of communities dependent on sustainable fishing in these waters. (Citation: European Court of Justice)
In assessing the broader consequences, observers note that the case tests the EU’s approach to international fisheries agreements, the due process surrounding consent procedures, and the stability of management regimes when legal challenges arise. The ongoing legal process also highlights the delicate balance between environmental commitments, economic interests, and regional autonomy within the EU’s internal market framework. Stakeholders are watching closely as the Court must interpret how the suspension interacts with existing fishing rights and whether interim measures might preserve some level of activity while final rulings are issued. (Citation: European Court of Justice)