EU Court Annuls Morocco-EU Fisheries Deal Over Western Sahara Dispute

The Court of Justice of the European Union annulled on October 4 this agreement, which expired in July 2023, on the grounds that they were concluded "without the consent of the people of Western Sahara." "Such consent is lacking in this case," the Luxembourg court stated in its decision, which has caused an uproar on both sides of the Mediterranean and whose consequences seem rather vague. This ruling by the European Court could weigh in the negotiations for the conclusion of a new fisheries agreement between the EU and Morocco, analyzes Jeune Afrique.

Regarding the agricultural part of the agreement, the Court had decided to extend its duration by one year after the expiration in July 2023, "given the serious negative consequences on the external action of the Union that its immediate annulment would entail and for reasons of legal certainty." It subsequently ruled, following a complaint filed by a French farmers’ union, that tomatoes and melons produced by Morocco in Western Sahara must bear labeling mentioning "this territory, and not Morocco, as the country of origin."

In March, the European Commission published an implementation report on the agreement. It summarizes the exchanges of correspondence between Morocco and the EU and aims to assess the positive impacts of this agreement on the population of the Sahara, particularly in the provinces of Laâyoune-Sakia El Hamra and Dakhla-Oued Ed-Dahab. These two provinces exported to Europe nearly 60% of fishery products and 85% of tomatoes and melons in 2022, or 203,000 tons of products, according to data from the Moroccan Department of Maritime Fisheries.

In terms of agricultural products, cherry tomatoes, Charentais melons and peppers have been exported to the EU from the Dakhla-Oued Ed-Dahab province, where 936 hectares were cultivated in 2022. The European report also draws attention to the effects of these productions on water resources in these regions, mentioning the difficulties of access to water for irrigation in the area which has a hard soil and where rainfall has been scarce since 2020 due to the severe drought affecting the kingdom. To overcome these difficulties, Morocco is investing in the creation of seawater desalination plants.