Today, the European Court of Justice ruled that fisheries and agriculture agreements between the EU and Morocco five years ago did not involve consultations with the people of Western Sahara. The Court stated that the European Commission had violated the people of Western Sahara’s right to self-determination by entering into trade agreements with Morocco. This decision comes after multiple appeals by the European Commission, the executive arm of the EU.
In 2019, the EU signed fishing and agriculture agreements with Morocco, including products from Western Sahara. The fisheries agreement outlined where European vessels with Moroccan permits could fish, including Moroccan-controlled waters west of the disputed territory. However, the Court’s decision will only affect future agreements, as the four-year accord has already expired. The agreement also noted that “a significant proportion of those people now lives outside that territory.”
Western Sahara, a large desert area the size of Britain and rich in phosphates, is located on the Atlantic coast. Its status is a sensitive issue in the North African region. Morocco, which annexed the former Spanish colony in 1975, views the territory as its “southern provinces” and considers any foreign country’s relationship with Western Sahara a threat to its territorial integrity. The United Nations classifies Western Sahara as a “non-self-governing territory.”
The European Court of Justice ruled that the 2019 EU-Morocco farm and fisheries agreements cannot enter into force without the consent of the people of Western Sahara. However, in this instance, such consent has not been given.
“The consent of the people of Western Sahara to the implementation… is a condition for the validity of the decisions by which the (EU) Council approved those agreements on behalf of the European Union,” the Court said.
It said the consultation process had not involved “the people of Western Sahara but the inhabitants who are currently present in that territory, irrespective of whether or not they belong to the people of Western Sahara”.
It dismissed “in their entirety” legal appeals by the EU’s executive branch and the European Council. The Court also ruled that melons and tomatoes produced in Western Sahara must indicate their origin.
“Labelling must indicate Western Sahara alone as the country of origin of those goods, to the exclusion of any reference to Morocco, to avoid misleading consumers,” it said.
In a Joint Statement, President Ursula von der Leyen and High Representative/Vice-President Josep Borrell said that the EU reiterates the high value it attaches to its long-standing, wide-ranging, and deep strategic partnership with Morocco.
“Over the years, we have established a profound friendship and solid and multi-faceted cooperation, which we intend to take to the next level in the coming weeks and months,” they stated.
“The EU takes note of the Court of Justice of the European Union’s judgments C-778/21 P, C-798/21 P, C-779/21 P, and C-799/21 on the appeals against the judgment of the General Court of 29 September 2021 as well as the reply to the preliminary ruling request in case C-399/22 on the labelling of fruit and vegetables from the territory of the Western Sahara. The European Commission is currently analysing the judgments in detail.
“In this context, we take note that the European Court of Justice preserves the validity of the agreement on agricultural products for an additional 12 months.
“In close cooperation with Morocco, the EU firmly intends to preserve and continue strengthening close relations with Morrocco in all areas of the Morocco-EU Partnership, in line with the principle of pacta sunt servanda.”
The first reaction from an EU member state came from Spain, which has strong ties with Morocco. Spanish Agriculture, Fisheries, and Food Minister Luis Planas has stated that Spain remains committed to enhancing its stable and strategic relations with Morocco, regardless of the upcoming EU Court of Justice (ECJ) ruling on EU-Morocco trade and fisheries agreements.
