abstained. No amendment requested by the Parliament was adopted. Claims of lack of legal validity with regards to Western Sahara For lack of competence of Morocco to conclude an agreement on Western Sahara's fisheries According to Enrico Milano, the validity of the agreement concerning the waters of Western Sahara is viciated, since Morocco does not have sovereignty over such territory, is not an administering Power, nor does its presence find other legal justifications (e.g. consent by the former administrative power Spain, by the UN Security Council, or by the Saharawi people). Western Sahara remains considered by the UN as a non-self governing territory (NSGT), and Spain did not intend (nor could) transfer the competence of administering Power to Morocco and Mauritania with the 1976 tripartite Madrid Agreement. As stated by the ICJ in the East Timor case, "a state occupying a NSGT without a proper legal basis lacks legal capacity to create international legal rights and obligations concerning that territory" Even in the unlikely scenario that Morocco was to be considered the new administering power, the principle of self-determination of peoples restricts the colonial power to enter into treaties concerning the territory once a process of national liberation has started The lack of sovereignty and of administering Power status of Morocco for what concerns Western Sahara was noticed also by the legal opinion of the European Parliament, which nevertheless failed to conclude for the lack of competence of Morocco to conclude an agreement with the EU on the issue. In 2006, the EU Commissioner for fisheries, Mr. Borg, referring to the UN legal opinion, stated that "agreements can be concluded with the Kingdom of Morocco concerning the natural resources of Western Sahara" since the UN legal opinion "implies that Morocco is a de facto administrative power ... and consequently has the competence to conclude such type of agreement". According to Milano, the Commission underestimated the difference between the object of the UN legal opinion, concerning contracts with foreign companies for oil and explorations, and the nature of the FPA, an international agreement not assimilable to a contract, requiring a different and stronger competence by Morocco. For violation of the principle of permanent sovereignty over natural resources as applied to NSGTs According to Enrico Milano, a second legal ground for the lack of validity of the FPA with regards to its extension to Western Saharan waters lies in the principle of