EU Court Invalidates Morocco Trade Agreements Over Western Sahara Consent Concerns
The Court of Justice of the European Union (CJEU) has issued a significant ruling on Friday, overturning the trade agreements related to agriculture and fishing signed between the EU and the Kingdom of Morocco. This decision is rooted in the assertion that these agreements were concluded without the explicit consent of the people of Western Sahara, a territory that has been under disputed control.
This ruling effectively concludes the long-standing litigation over the fishing agreement with Morocco and its related protocol. The CJEU dismissed the appeals from both the Council and the Commission, aligning its decision with a previous ruling by the General Court of the EU in 2021 and the conclusions presented by Advocate General Tamara Cápeta.
The protocol in question expired on July 17, 2023, leading to the suspension of fishing activities that predominantly impacted Spain. Of the 138 licenses operating in the disputed waters, 92 belong to Spanish fleets from Andalusia, Galicia, and the Canary Islands. The disruption has raised concerns over the livelihoods of those reliant on fishing in these regions.
The Polisario Front, which claims to represent the interests of the people of Western Sahara, had been actively contesting these agreements. Their legal action sought to annul the treaties on the grounds that they had been established without the authorized consent of the Sahrawi people.
The CJEU's ruling underscores that consent from the people of Western Sahara was conspicuously missing. Importantly, the Court recognized the Polisario Front as a legitimate representative in this matter, thus granting them the standing needed to challenge the agreements based on the interest of the Sahrawi populace.
Contrary to claims made by the General Court, the CJEU clarified that the consent of the Sahrawi people does not need to be explicitly stated if no substantial obligations are laid upon them and if the agreements provide no significant benefits regarding their natural resources. As such, although these agreements were found not to impose legal obligations on the people of Western Sahara, they also did not grant any rights or advantages concerning the exploitation of local resources. This absence of consent is particularly critical since the Polisario Front's opposition to these trade agreements is sufficient to challenge their validity.
In a related matter, the Court also ruled on a preliminary question from France concerning the labeling of melons and tomatoes sourced from Western Sahara. The CJEU mandated that products must be labeled solely as originating from Western Sahara, excluding any references to Morocco, thus aiming to prevent consumer deception regarding the true origin of these items.
This ruling, with its implications for international trade and resource management, raises questions about the possible re-negotiation of agreements involving Western Sahara. The future of EU-Morocco trade relations may depend on how these issues are addressed and whether the interests and rights of the Sahrawi people are adequately considered in forthcoming discussions.
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