The situation may seem somewhat paradoxical: while Spain and France have taken a historic step in favour of Moroccan sovereignty over the Sahara, the Court of Justice of the European Union (CJEU) decided in October to annul the fishing agreement binding the 27 member states to the kingdom because it was established “without the consent of the people of Western Sahara”.

This verdict has sparked incomprehension and anger in both Morocco and Europe, particularly in Spain.

“The loss of this potential fishing zone represents a severe blow, especially for the fleet in the Bay of Cadiz, which is already facing reductions in sardine quotas,” protested Spanish MEP Francisco José Millán Mon in Brussels in October.

Strengthening relationships

To address the concerns of its members, the European Union has announced its intent to “preserve and continue to strengthen close relations with Morocco in all areas of the Morocco-EU partnership, in accordance with the principle of pacta sunt servanda [agreements must be respected],” stated Ursula von der Leyen, President of the European Commission, and Josep Borrell, High Representative of the European Union, in a joint communiqué.

Coming into force in 2019, the agreement offered “fishing opportunities” in Moroccan waters to 128 European Union vessels and granted permits to Germany, France, Spain, Ireland, Italy, Latvia, Lithuania, the Netherlands, Poland, and Portugal. “The Union’s average annual contribution is set at €40.15m (an increase from the €30m provided by the previous protocol), of which €19.4m ($20.3m) corresponds to average sectoral support. The fees payable by shipowners are estimated at an average of €12m per year,” details a document from the European Parliament.

As the main beneficiary of the agreement, Spain operated more than 90 vessels off Moroccan waters, supplying a fifth of its annual production. Following the CJEU’s ruling, Spanish foreign minister José Manuel Albares did not hesitate to affirm that the Spanish government will continue to “work with the European Union and Morocco to preserve and continue to develop” the “privileged” relationship with Rabat.

It’s worth noting that, in addition to the losses caused by the annulment of the agreement, there’s now fear that China might outpace the European Union. Especially since the country led by Xi Jinping—who made a brief visit to Morocco on 22 November—signed a memorandum of understanding on maritime fishing with the kingdom on 4 July 2023.

Was it a coincidence that this date coincided with the expiration of the agreement with the European Union in July 2023? As the world’s largest fish producer, China is interested not only in fishing in Morocco but also in “aquaculture, seafood processing technology, and organic agriculture,” stated MAP, the official Moroccan press agency.

‘A destination of choice’

This interest isn’t new to 2023, as China already operates vessels in Morocco. “Until recently, dozens of boats, mostly Spanish, fished with the Moroccan government’s authorisation in the country’s exclusive economic zone. The agreement became void in 2023, and China now operates at least six vessels flying the Moroccan flag in Moroccan waters,” reports The Outlaw Ocean Project, a nonprofit organisation specialising in investigative journalism. “China has moved European Union fishing vessels right to its doorstep, into Moroccan waters,” it commented in an August publication.

Three years earlier, Beijing had celebrated the launch in Morocco of three new vessels operated by Shandong Provincial Distant Water Fishing. “Morocco has become a destination of choice for Chinese fishing companies,” states the website SeafoodSource, recalling that in 2019, another state-owned enterprise (China Aquatic Products Zhoushan Marine Fisheries Corp) “sent eight new vessels to Morocco to fish for octopus and other species”.

Moreover, Moroccan authorities make no secret of their desire to open up to other partners and to “study all new proposals and any negotiations in this regard based on available potentials”, recently affirmed the former minister of agriculture and maritime fisheries, Mohamed Sadiki.

As the kingdom’s third-largest trading partner with a trade volume reaching $7.6bn in 2022, China is ready to step in. Russia is also preparing to sign a fishing agreement with the kingdom for at least four years after obtaining an extension of the current contract.