The European Parliament has approved the updated air agreement between the EU and Morocco, excluding the Western Sahara region.
The agreement was adopted by 625 votes in favour, 16 against and 20 abstentions. The protocol is a purely technical update to the existing agreement and does not change its territorial scope.
Despite the European Commission’s clear stance that the agreement does not apply to the Western Sahara region, several airlines continue to operate flights there. Ryanair has launched flights from EU airports to Dakhla in western Sahara, while three other airlines have also operated flights to the region in recent years.
The decision reflects differing opinions on how the EU should address the practical implications of the agreement. Western Sahara Resource Watch notes that many MEPs supported the protocol because it simply updates the existing agreement following Croatia’s accession to the EU, and does not extend to the Western Sahara region as claimed by some.
Among those who voted against the proposal were some who argued that even though the agreement itself does not apply to the territory, the Commission has failed to prevent EU airlines from operating flights to Western Sahara outside of the agreed framework, creating an unacceptable situation in terms of international law and EU rules.
The Court of Justice of the European Union (CJEU) ruled in 2018 that agreements between the EU and Morocco cannot apply to the Western Sahara region unless the people of the territory have given their consent. The CJEU also concluded that the air agreement could not be interpreted as applying to the territory of Western Sahara.
The Commission has repeatedly confirmed this interpretation and informed airlines that, in line with EU jurisprudence, the air agreement does not apply to flights between an EU member state and the Western Sahara region.
Despite this clear legal stance, several airlines continue to operate flights from the EU to Western Sahara. The decision reflects the ongoing debate over how the EU should address the practical implications of its agreements.