The Commission has proposed amending its trade deal with Morocco to comply with an EU court ruling on the disputed territory of Western Sahara, according to a document obtained by Euractiv.

Western Sahara, a former Spanish colony mostly occupied by Morocco since 1975, is recognised by the UN as a non-self-governing territory. Its status remains disputed, with Morocco claiming sovereignty and the Sahrawi independence movement, Polisario Front, demanding self-determination.

In October 2024, the EU’s top court ruled that the 2019 EU-Morocco trade agreements on fisheries and agricultural products were concluded in breach of the principle of self-determination, as the people of Western Sahara did not consent. Brussels was given 12 months to comply.

According to the tabled draft, obtained by Euractiv, the labels of these products must now indicate Western Sahara as their origin, while conformity certificates will still be issued by Moroccan authorities.

“The new agreement uses the term ‘region of origin’ for products from Western Sahara, but this doesn’t exist in EU or international trade law,” a source close to the matter, and granted anonymity to speak, said. “It looks like the Commission is ready to erase Western Sahara’s customs code and replace it with this vague term.”

The EU top court had previously ruled that goods from Western Sahara must be labelled as such, not as Moroccan. But enforcement has been patchy, and Rabat has rejected the Court’s framing outright, reaffirming that “Morocco’s sovereignty over the Moroccan Sahara” is non-negotiable.

“In the end, it’s just a rerun of the previous deal with Morocco, with weaker wording to keep Rabat happy,” the source said. “It won’t stand up in Court, and the Commission knows it. They’re just trying to buy time”.

Consent replaced with benefits

The Commission’s proposal rests on an idea that the Court itself outlined: consent from the people of Western Sahara can, in theory, be “presumed” if the deal does not create obligations for them and instead delivers tangible, verifiable benefits, monitored by a control mechanism.

To fit this test, the EU pledges money for water, energy and anti-desertification projects, desalination plants, as well as humanitarian aid for the Sahrawi refugee camps around Tindouf in Algeria, and support for education and culture.

“Presumed consent exists only under very narrow and transparent criteria, not as a loophole to bypass judicial standards,” Sara Eyckmans of Western Sahara Resource Watch told Euractiv.

“Until Sahrawi participation happens, the EU has no credibility on human rights and the rule of law.” Not doing so “risks legitimising an unlawful occupation,” she added, warning of “a troubling precedent for other territorial conflicts.”

MEPs sidelined

The Commission tabled its trade deal amendment on 18 September, following negotiations that concluded in just five days since the Council authorised the talks to begin on 10 September.

The proposal is designed for provisional application, meaning it would take effect before MEPs vote. Applying the deal provisionally amounts to a “fait accompli” and “almost a declaration of war on the Parliament’s trade committee,” the source said. 

The Council is expected to sign the amendment on 1 October.

UPDATE: The article has been updated to add context.

(adm, mm)