3. The parties strive to create favourable conditions for the promotion of technical, economic and commercial relations between their companies, helping to create an environment conducive to business and investment development. The last protocol with the Kingdom of Morocco expired on 14 July 2018. The new protocol will allow EU ships access to the waters covered by the agreement and protocol as well as the adjacent waters of the non-autonomous territory of Western Sahara. (d) to establish the necessary link for issues of mutual interest related to fishing; 5. With respect to straddling or large migratory fish stocks, the contracting parties take into account regional scientific assessments and conservation and management measures adopted by the relevant regional fisheries management organizations to determine the resources available for access. These negotiations, and the resulting texts, take full account of the judgment of the European Court of Justice on 27 February 2018 in C-266/16 5, which states that the fisheries agreement and the protocol attached to it are not applicable to the application of waters adjacent to the territory of Western Sahara. However, given the considerations of the Court`s judgment and the willingness of both parties, it was possible to include this area and adjacent waters in the fishing partnership for several reasons. Firstly, from an economic point of view, it is important that the UNION fleet carry out its fishing activities, including in these waters, within a legally secure framework, with a clearly defined geographical scope.

Another objective is to ensure that this area and its people benefit from the economic and social benefits of the agreement, which are proportionate to fishing activities, in particular with regard to catches landed by the EU fleet, the employment of seafarers, and investments and other aid to the sector, which are made possible by the financial contribution provided by the protocol to the fisheries agreement. Furthermore, it should be noted that the Kingdom of Morocco, which manages this region (at least a large part), is the only entity with which such an agreement can be concluded, since no other entity can ensure the sustainable use of these resources and the management and monitoring of sectoral aid funds to the territory of Western Sahara and its people.