On July 8, 2026, the European Parliament formally endorsed a revised aviation agreement between the European Union and Morocco, following Croatia’s accession to the EU. The updated protocol, adopted by a decisive vote of 625 in favor, 16 against, and 20 abstentions, maintains the existing territorial scope of the original accord without expanding its jurisdiction to Western Sahara.
The decision underscores the EU’s legal stance that accords with Morocco cannot be interpreted to include the disputed territory, as affirmed by the Court of Justice of the European Union (CJEU) in its 2018 ruling. The ruling specified that such agreements are only applicable within Morocco’s internationally recognized borders unless explicit consent is obtained from the people of Western Sahara.
The European Commission has reiterated this interpretation in multiple communications to EU airlines, clarifying that the aviation framework does not cover routes connecting EU member states to Western Sahara. Despite this clarity, several European carriers have continued operating flights to airports in the occupied territory, including Ryanair, which launched direct services to Dakhla. Other airlines, such as Transavia (a KLM-Air France subsidiary), Air Arabia, and Binter Airlines, have also maintained routes to Western Sahara, raising questions about compliance with EU legal standards.
Diverging perspectives on compliance and accountability
While the protocol’s approval reflects a procedural adjustment tied to Croatia’s EU membership, it has exposed tensions between legal interpretation and practical enforcement. Some lawmakers argued that the Commission’s failure to curb unauthorized flights undermines both international law and EU regulations, creating an untenable situation where commercial interests appear to override legal constraints.
The CJEU’s 2018 decision remains a cornerstone of the EU’s position, reinforcing that any expansion of Moroccan territorial agreements must respect the rights of the Sahrawi people. Yet, the persistence of direct flights to Western Sahara suggests a gap between legal doctrine and operational realities—a discrepancy that continues to fuel debate within the European Parliament and among advocacy groups.