EU parliament updates air agreement with Morocco, excludes Western Sahara

The European Parliament has endorsed a revised protocol to the Euro-Mediterranean aviation services agreement between the European Union and Morocco, explicitly excluding Western Sahara from its scope. This decision aligns with the European Court of Justice’s (ECJ) rulings, which recognize the territory as separate and distinct from Morocco’s sovereign borders.

The updated protocol, approved by MEPs on July 8, extends the agreement’s application to Croatia—a EU member since July 1, 2013—while maintaining its existing terms. By omitting Western Sahara, the EU reaffirms its stance that Rabat holds no administrative or sovereign authority over the region or its airspace.

The Sahrawi Working Group on Natural Resources and Legal Affairs hailed the vote as a significant legal and political milestone. In a statement, the group described the exclusion as “an undisputable recognition of Sahrawi sovereignty.” It emphasized that limiting the agreement to Morocco’s internationally recognized borders underscores Western Sahara’s status as a distinct territory where Moroccan jurisdiction does not apply.

Oubi Bouchraya Bachir, Ambassador and Chair of the Working Group, highlighted the decision’s broader implications: “By strictly confining the treaty to Morocco’s recognized borders, the European Parliament has reinforced the legal separation between Western Sahara and the Kingdom, affirming Rabat’s lack of mandate over the territory.”

The International Observatory for Western Sahara Resource Monitoring (WSRW) also welcomed the outcome, noting that while the protocol is a technical update to accommodate Croatia’s EU accession, it does not alter the geographical scope of the aviation accord. The group reiterated the ECJ’s 2018 ruling, which confirmed that EU-Morocco agreements cannot extend to Western Sahara, adding that the European Commission has consistently upheld this interpretation.

According to the Observatory, the Commission has explicitly informed EU carriers that the agreement does not cover flights connecting EU member states to Western Sahara, in line with the Court’s jurisprudence.