Nordic letter for signing:To:Minister of Foreign Affairs of Sweden, Mr. Carl BildtMinister of Foreign Affairs of Denmark, Ms. Lene Espersen.Minister of Foreign Affairs of Finland, Mr. Alexander StubbCopy:Minister of Foreign Affairs of Norway, Mr. Jonas Gahr StørePermanent Representation/Mission of Denmark/Finland/Sweden/Norway to the EUEmbassy or Denmark/Finland/Sweden/Norway to MoroccoA common Nordic position on the new EU-Moroccan Fisheries Agreement?In August 2010, the EU-Moroccan fisheries agreement, allowing for EU vessels to fish offshoreoccupied Western Sahara, is up for renewal. The agreement has fundamental legal, ethical andpolitical implications, and the undersigned urge the Nordic governments to prevent it.There is a long-standing consensus among Nordic governments on three important aspects of theWestern Sahara issue: (1) that Western Sahara is a colonial, Non Self-Governing Territory, (2)that the Moroccan sovereignty claims over Western Sahara are unfounded, (3) that the naturalresources of Western Sahara should be governed according to international law, by respecting theSaharawi people’s right over its natural resources, taking into account the people’s wishes andinterests.It should be recalled that Sweden, Denmark and Finland treated the 2007-2011 EU-Moroccanfisheries agreement seriously when it first was debated in the European Council in 2006. Swedenvoted against the agreement, stating it was in violation of international law. Denmark andFinland also raised concerns about the legality of the agreement. Finland abstained from the vote,underlining that the Saharawi people must be consulted. We note that the European Commissionhas since ignored the conditions the Finnish government set in its separate statement in 2006.In its opinion of July 2009, the Legal Service of the European Parliament concluded that theconditions for respecting international law have not been met: there is no proof that the Saharawipeople has been consulted, nor that they have benefited from the agreement. The Commissionhas during the 3 years of fisheries not been able to present a single piece of information showingthe contrary. Both the Saharawi representative, formally recognised by the UN, the PolisarioFront, and all major Saharawi civil society organisations have made clear statements against thepresent agreement and any new version that includes Western Sahara.In May 2010, Morocco furthermore refused the European Parliament to visit the territory in orderto investigate the implications of the cooperation. Despite all this, the Commission claims theagreement is in accordance with international law, and the preparations for a new EU-Moroccanfisheries partnership agreement are already under way.

We urge the governments of Denmark, Finland and Sweden, to actively and jointly work to

prevent an automatic prolongation of the EU-Moroccan fisheries agreement as long as

Western Sahara is not clearly excluded from its application.

We expect that the Swedish, Danish and Finnish governments will stand by their defence ofinternational law, as a basis for a determined, constructive Nordic action for a fully legalagreement. That would also bring the EU in line with the US and EFTA, who in respect forinternational law clearly exclude Western Sahara in agreements with Morocco. We suggest thatthis be done in contact with other like-minded EU member states and associated countries.