The Court of Justice of the European Union has dismissed the appeals of the European Commission and the EU Council in their entirety concerning the cancellation of EU-Morocco agreements on trade in agricultural products and fisheries (cases T-279, 344 and 356/19). At issue is the non-consent to these agreements of the people of Western Sahara, represented by the Polisario Front (see EUROPE 12801/23).
Firstly, the Court maintains that the Polisario Front is entitled to bring an action before the General Court. According to the European Commission, it “meets the conditions for being able to challenge contentious decisions before the EU courts, in the interests of said people”, particularly as it is a privileged interlocutor in the process of determining the status of Western Sahara under the aegis of the United Nations.
While the Court explains that the expression of this people’s consent to the agreement does not necessarily have to be explicit, but that such consent may be presumed, the conditions for doing so were not met in this specific case.
Consent may be presumed where the agreement does not create obligations for the people and confers on them a benefit that is “specific, concrete, substantial and verifiable, arising from the exploitation of the natural resources of that territory and proportional to the extent of that exploitation”.
This is not the case with the two agreements, which do not provide for such an advantage for the people of the Sahara, who do not “benefit from any financial compensation for the exploitation of this territory’s natural resources or of the waters adjacent to it under these agreements”, according to the Court.
The trade and fisheries agreements between the EU and Morocco have therefore been cancelled. As the fisheries agreement already expired in July 2023 (see EUROPE 13222/20), the decision doesn’t change the current situation.
As regards the agreement on agricultural products, the Court maintains its effects for a period of twelve months, “in view of the serious negative consequences for the EU’s external action that its immediate cancellation would entail and for reasons of legal certainty”.
President of the European Commission Ursula von der Leyen and High Representative of the Union for Foreign Affairs Josep Borrell took note of the Court’s decision and declared that the EU “firmly intends to preserve and continue strengthening close relations with Morocco in all areas of the Morocco-EU Partnership”.
Europêche, the organisation representing the European fishing industry, has expressed its regret at the Court’s decision : “Losing access to such essential fishing grounds is very worrisome for the sector, especially given the shrinking fishing opportunities and diminishing fishing grounds accessible to the EU fleet”. (Original version in French by Léa Marchal)