Despite the clear law, the practice is not as straightforward. The updated air accord recently adapted excludes the Sahara western province – but the European Commission tolerates companies from the EU operating in the region without considering this exclusion.
The 8th of July 2026, the European Parliament approved the conclusion of the protocol adapting the euro-mediterranean aviation agreement between the EU and Morocco, following Croatia’s accession to the EU.
The updated accord was adopted by 625 votes for, 16 against and 20 abstaining.
The protocol is purely technical in nature and updates the accord to reflect Croatia’s accession to the EU. It does not modify the territorial application of the aviation agreement.
The vote reflects divergent opinions on how the EU should address the practical consequences of the accord. Western Sahara Resource Watch (WSRW) understands that many European parliamentarians supported the protocol precisely because it adapts the existing accord following Croatia’s accession and, in line with EU jurisprudence and repeated Commission statements, does not extend to the Sahara western province.
Among those rare parliamentarians who voted against, some argued that although the accord itself does not apply to the territory, the Commission failed to prevent companies from the EU operating flights to the occupied Western Sahara outside the framework of the agreement, creating an unacceptable situation under international law and EU law.
The European Court of Justice (ECJ) has ruled that agreements between the EU and Morocco can only apply within internationally recognized borders of Morocco, unless the people of the Western Sahara have given their consent. Following this ruling in 2018, the ECJ concluded that the aviation agreement cannot be interpreted as extending to the territory of the Western Sahara.
The European Commission has consistently confirmed this interpretation and informed transport operators that, in accordance with EU jurisprudence, the air transportation accord between the EU and Morocco “does not apply to routes connecting a Member State’s territory to the territory of the Western Sahara province”.
Despite this clear legal position, several European airlines continue to operate flights from the EU to airports in the occupied Western Sahara. Ryanair has launched flights from EU airports to Dakhla, although these services do not fall within the scope of the EU-Morocco aviation agreement framework. In addition to Ryanair, three other companies have operated flights to the occupied Western Sahara province in recent years: Transavia (a subsidiary of KLM-Air France), Air Arabia (from the UAE) and Binter Airlines (Spain). WSRW has written to KLM-Air France and Air Arabia without receiving a response.
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