Boureima Amadou
European lawmakers have drawn a clear line in the sand: the updated aviation agreement between the European Union and Morocco deliberately excludes Western Sahara—but enforcement remains inconsistent.
On July 8, 2026, the European Parliament endorsed the revised protocol adapting the EU-Morocco aviation accord to accommodate Croatia’s accession to the EU. The vote passed overwhelmingly with 625 in favor, 16 against, and 20 abstentions.
The modification is technical in nature, updating the agreement to reflect Croatia’s EU membership without altering its territorial scope. The protocol does not extend the aviation deal to Western Sahara, a position aligned with both European Court of Justice rulings and repeated clarifications from the European Commission.
While many MEPs supported the measure based on its narrow technical scope, critics argue that the Commission has failed to prevent EU airlines from operating flights to Western Sahara outside the legal framework of the agreement. This legal gray area, they contend, violates both international and EU law.
The European Court of Justice (ECJ) has consistently ruled that EU-Morocco agreements apply only within Morocco’s internationally recognized borders unless the people of Western Sahara consent. In its 2018 judgment, the court explicitly stated that the aviation accord cannot be interpreted to include Western Sahara.
The Commission has repeatedly affirmed this interpretation, instructing EU carriers that the EU-Morocco aviation agreement does not cover routes connecting EU member states to Western Sahara.
Despite these legal clarifications, several European airlines continue to operate flights to airports in the occupied territory. Ryanair, for instance, launched direct routes between EU airports and Dakhla, even though such services fall outside the EU-Morocco aviation framework. In addition to Ryanair, other carriers—Transavia (a KLM-Air France subsidiary), Air Arabia (UAE), and Binter Airlines (Spain)—have operated flights to Western Sahara in recent years. Western Sahara Resource Watch (WSRW) contacted KLM-Air France and Air Arabia regarding these flights but received no response.
