The European Commission's Stance on Flights to Dakhla
In June, the European Commission reaffirmed that air traffic agreements between Europe and the cities of Dakhla or Laâyoune do not apply under the existing aviation accord with Rabat. Despite this, airlines such as Transavia, Ryanair, and Binter are expanding their routes to these regions, often in partnership with the Moroccan National Tourist Office (ONMT). This situation raises significant legal questions as Brussels seemingly allows air traffic to flourish in an area legally distinct from Morocco, without providing a clear legal foundation for such operations. This ambiguity poses inherent risks.
On June 25, 2026, Apostolos Tzitzikostas, the EU Commissioner for Sustainable Transport and Tourism, succinctly responded to inquiries from Spanish Member of the European Parliament, Irene Montero, stating that the EU-Mediterranean air transport agreement does not cover flights to Western Sahara. Montero sought clarification on the legal basis for flights operated by European airlines from Paris to Dakhla, Madrid to Dakhla, and Las Palmas to Laâyoune. While the response clarifies what the agreement does not encompass, it fails to elucidate the grounds on which these flights are permitted.
This is not the first instance of the Commission limiting its responses in this manner. In January 2025, the same Commissioner replied to concerns raised by Irish MEP Lynn Boylan about Ryanair's flights to Dakhla, confirming that European airlines had been informed in December 2024 that the EU-Morocco agreement does not cover connections between a member state and Western Sahara. Since that warning, the number of flights has surged dramatically.
On July 8 of this year, the European Parliament overwhelmingly approved the protocol adapting the air transport agreement to Croatia's accession, without altering its territorial scope. Thus, the European Union continues to adhere to the judicial rulings of its court, which since 2016 has emphasized that Western Sahara possesses a distinct and separate status from Morocco. In 2018, the European Court of Justice extended this principle to the air transport agreement itself, ruling that it has no legal effect in Western Sahara. In October 2024, the court reaffirmed the cancellation of trade and fisheries agreements as they pertain to Western Sahara due to the lack of consent from the Sahrawi people.
Tourism and Legal Complications in Dakhla
Despite the clear legal framework on paper, the situation on the ground in Dakhla reflects a different reality. Dakhla, promoted as a tourist destination with Moroccan state funds, has seen Transavia, a subsidiary of Air France-KLM, increase its flight frequency from Paris-Orly to three times a week as part of a partnership with ONMT. Additionally, direct flights from Marseille and Bordeaux were introduced last winter.
Ryanair began services to Madrid and Lanzarote in January 2025, based on an agreement with ONMT covering four tourism seasons. Ryanair's CEO, Eddie Wilson, publicly thanked the Moroccan Prime Minister for his support. The Canarian airline Binter connects Dakhla with Las Palmas, while Royal Air Maroc also services the region. The Western Sahara Resource Watch additionally cites Air Arabia as one of the airlines that have operated flights to Dakhla in recent years.
This scenario illustrates how a Moroccan state agency is financially backing European airlines to operate flights to a territory that the European Commission and its court do not recognize as part of Morocco. Concurrently, Morocco is collecting tourism fees from an area it does not legally possess. Activities such as kitesurfing in the lagoon and the development of luxury hotels have turned Dakhla into a showcase of what Rabat refers to as its "Southern Provinces." Each new European flight connection bolsters this narrative.
The European Commission's references to bilateral agreements with some member states, including France and Spain, as a justification for these flights do not resolve the underlying legal issues. These agreements were made with the Kingdom of Morocco, just like the European agreement. If a contract with Rabat cannot be extended to Western Sahara in the context of EU agreements, it is difficult to understand why a Franco-Moroccan or Spanish-Moroccan agreement would be treated differently. The EU Court's reasoning hinges on the status of the territory rather than the type of agreement. Thus, citing bilateral agreements merely shifts the issue to capital cities, where it encounters fewer political obstacles.
Following the 2024 court rulings, Brussels deemed the establishment of a special mechanism necessary. Since October 2025, an agreement with Rabat allows for customs preferences on products originating from Western Sahara, addressing the demand for consent from the Sahrawi people. However, critics question how such consent is determined. Formally, a framework exists, but no comparable structure applies to air travel. The Commission acknowledges the exclusion of the territory from the agreement while simultaneously allowing flight connections to proliferate without establishing a legal basis or consulting the affected population.
For airlines, the immediate risk remains low, as neither European nor national authorities have challenged these connections thus far. However, the potential legal risk could damage the reputation of these companies. Every EU-Morocco agreement applied to Western Sahara has ultimately been brought before the Luxembourg Court, with several deemed invalid for this reason. The Western Sahara Resource Watch reports that both Air France-KLM and Air Arabia have been contacted but did not respond.
Furthermore, the airspace above Western Sahara is divided between the flight information regions of the Canary Islands and Dakar, with the majority belonging to FIR Canarias, managed by the Spanish state air navigation service ENAIRE from the Gando control center in Gran Canaria. Spain, as the former administering power, continues to play a pivotal role in managing air traffic over this territory. The United Nations still lists Western Sahara as a non-self-governing territory, without designating an administering authority. They remind that Madrid declared in February 1976 its intent to withdraw and absolve itself of international obligations, yet this withdrawal was not executed appropriately.
Since the rapprochement between Madrid and Rabat in 2022, Morocco has been demanding the transfer of these responsibilities. However, negotiations have yet to produce results. At the end of 2024, ENAIRE declared it was not involved in any negotiations, while media from both countries reported ongoing disagreements. The Spanish newspaper El Independiente reported in December 2024 that Morocco has effectively controlled part of this airspace through military exclusion zones. A formal transfer to Rabat would conflict with the same European jurisprudence that prohibits treating the territory as Moroccan.
The armed conflict also influences flight routes. Following the resumption of hostilities between Morocco and the Frente Polisario in November 2020, the Canary Islands control center advised airlines to avoid specific flight paths below 20,000 feet. The U.S. aviation authority also indicated the presence of anti-aircraft weapons in the region. The Spanish advisory was lifted in November 2021. These air corridors are used for connections between Europe, West Africa, and South America.
Should this legal ambiguity have consequences in the event of an aviation accident? In terms of passenger compensation, the effects would be limited. The air transport agreement governs traffic rights, not airline liability, which is dictated by the Montreal Convention of 1999, ratified by France, Spain, and Morocco. The European Regulation 2027/97 applies these rules to all EU airlines, regardless of the flight route. A passenger flying with Transavia or Ryanair would therefore be compensated under the standard rules and could take legal action in their place of residence. The situation becomes less clear for a simple flight from Dakhla with a non-European airline, as the convention requires both departure and destination to be located within contracting states. In a legal dispute, the status of the territory could thus become relevant.
The main challenges primarily concern states. According to Annex 13 of the Chicago Convention, the investigation of an aviation accident is led by the state on whose territory the accident occurs. In Dakhla, where the airport carries a Moroccan ICAO designation, this task would effectively fall to Rabat— in a territory that the European Union does not recognize as Moroccan. The French investigation authority BEA would be involved as the authority of the airline's state, but the direction of the investigations and access to evidence could become a political issue.
Such risks are not merely theoretical. The division of air traffic control raises similar questions. In the case of a failure within FIR Canarias, Spain could be held accountable. However, where Morocco has established its own military exclusion zones, it would be significantly more difficult to determine who is responsible for errors in air traffic control or for coordinating rescue operations. Insurance companies generally exclude war risks from standard aviation policies, and many travel insurance plans do not cover areas that the French Foreign Ministry actively advises against visiting. In a region where armed conflict has resumed since 2020, such clauses are far from theoretical.
It is also worth recalling that on December 8, 1988, two civilian aircraft chartered by the U.S. Agency for International Development (USAID) for locust control were shot down over the area. One of the planes was destroyed, resulting in five fatalities, while the other was able to land despite suffering damage. The aircraft were en route from Dakar, Senegal, to Agadir, Morocco, when they came under fire.
The summer season for Transavia concludes on October 31, coinciding with the expiration of the current MINURSO mandate. This UN mission was established in 1991 with a mandate to organize a referendum on self-determination that has yet to take place. The ONMT and the airline are already discussing the possibility of maintaining the three weekly flights through the winter.
Irene Montero sought clarification on the legal basis for these flights landing in Dakhla. Fifteen months after the initial warning to the airlines, the European Commission has yet to answer this question. As reported by africa-live.de.
