The 1992 EC-Morocco Fisheries Agreement offered Morocco better conditions in the form of financial compensation (EUR 310 million) and longer biological rest periods. However, in April 1995, differences of opinion on the use of licences led to an early termination of the agreement. Annex I to the 1992/95 Agreement referred to the port of Dakhla, thus indicating the inclusion of Western Sahara in its geographical scope.  The negotiations between the EU and Mauritania are an opportunity to start a public dialogue involving fisheries stakeholders from both sides in order to define and develop a common industrial fisheries framework to ensure that investments are environmentally and socially sustainable. The Fisheries Partnership Agreement between the EU and Morocco is a fisheries agreement between the European Community (EC) and Morocco that allows European fishing vessels to fish off the coast of Morocco. The FPA allows Community vessels from 11 Member States to fish in Moroccan waters and can be considered one of the most important fisheries agreements for the EC. It was signed on 28 July 2005, completed on 22 May 2006 and entered into force on 28 February 2007. The agreement expires on 27 February 2011.  Therefore, in order to respect the principle of permanent sovereignty over natural resources, the agreement should be implemented in the interest of the local (Saharawi) population and according to their wishes, as expressed by their legitimate representatives (the Polisario and the SADR government). This was also Sweden`s view during the vote in the Council of the EU. Without this element, the APF cannot be considered valid for the territory of Western Sahara. For the above reasons, Milano notes that “the AAA may be invalidated to the extent that it intends to create international rights with regard to the exploitation of fishing in the waters of Western Sahara”.
This would mean that the EU cannot rely on the APA to apply for fishing licences for the waters of Western Sahara, so that Morocco cannot complain to the EU about fishing behaviour in the waters of Western Sahara and the EU cannot oppose the AAA as binding on a future administration of Western Sahara.  In accordance with Article 2(a) of the Agreement, EU fishing may take place in “waters under the sovereignty or jurisdiction of the Kingdom of Morocco”, as defined in all previous agreements. It is therefore not limited to territory under the direct sovereignty of the Moroccan authorities, but covers other areas under their jurisdiction, for example. B their maritime exclusive economic zone, but also the waters of Western Sahara. Therefore, the agreement does not explicitly exclude the waters of Western Sahara and does not expressly exclude it The EU has 2 types of fisheries agreements with third countries The agreement was challenged because it had not specified Morocco`s southern border in its geographical scope. Opponents of the agreements feared that Morocco would grant licenses to European vessels to fish in the waters of Western Sahara, the former Spanish colony invaded by Morocco in 1975.  During these negotiations, it is important to recall the requirements of the Mauritanian artisanal fisheries sector. More importantly: transparency on the activities of other long-distance water fleets outside the EU, maintenance of zoning agreed in the current protocol, exclusive access to squid for Mauritanian fishermen and regional management of small pelagic fisheries, their stocks being in a serious emergency situation. . . .