The field rejects allowing Morocco to change the origin of products from Western Sahara: “It favors unfair competition”

As happened in the case of the last labor reform, a single vote can be key and, this Wednesday, the European Parliament rejected proposals from Patriots for Europe (a group in which the 6 Vox MEPs are included) and, above all, from the European People’s Party (EPP), which was close to success but remained just one yes out of the 360 ​​votes needed to prevent Brussels from allowing Morocco to modify the labeling of the origin of fruits and vegetables produced in the Western Sahara.

The former Spanish colony is still pending, since 1975, a self-determination referendum that will establish its definitive status either as an independent state or as a region under Moroccan sovereignty. The vote has lifted an intense cloud of dust among Spanish farmersits three main organizations – Asaja, COAG and UPA – have been forceful in their rejection of this measure and warn that the European Commission must still submit to the European Parliament the modification of the Association Agreement with Morocco that includes this change in its articles.

‘Made in’ El Aaiún – Dakhla – Oued Eddahab’?

What will it mean, specifically, if this change is finally endorsed for fruits and vegetables in the Association Agreement with Morocco? This will allow Moroccan producers to label these products without referring to the country of origin – in this case, ‘Western Sahara’ – but to two regions in that area: El Aaiún- Sakia El Hamra and Dakhla – Oued Eddahab. This, under an agreement between the European Commission and the North African country, to adapt the pact between the two to the rulings of the Court of Justice of the European Union (CJEU)the last of them issued in October 2024.

The ruling confirmed the annulment of the trade agreement with Morocco for not having counted on the Sahrawis themselves to sign it, separating this area from Moroccan sovereignty. He even recognized Polisario Frontan independence movement, as a legitimate interlocutor in Western Sahara. In July 2023, the fishing agreement between Europeans and Moroccans had already expired, which impacted part of the Andalusian fleet.

“Consumers are harmed by allowing labeling that hides the country of origin and, on the other hand, a community standard is modified”

For the Spanish Federation of Associations of Fruit and Vegetable Exporters Producers (FEPEX), this Wednesday’s vote will have “very serious” consequences because “consumers are harmed by allowing labeling that hides the country of origin and, on the other hand, a community standard, therefore mandatory for all EU operators, is modified in favor of a third country.” In his opinion, this means “a serious precedent and opens the door to demands from other countries”. From this association, they have pointed out another fact: the certificates of conformity with European standards will be able to be sent by the Moroccan authorities: “Which means that Morocco will be able to certify without community supervision in an unjustified transfer of powers,” they have criticized.

“A serious threat to the agricultural sector”

The Spanish camp has not hidden its indignation at this decision and has charged against the national MEPs who have not rejected this change: From Asaja they have labeled what happened as “a serious threat to the Spanish and European agricultural sector” and they add that it is “exposed to the entry of imported products without the legal, social or environmental guarantees that our farmers do comply with.” They also point out that the popular proposal to paralyze this change “sought to protect European legality and market transparencyguaranteeing that products from Western Sahara could not be presented as originating in Morocco without legal coverage.” The rejection of this motion, by not gathering 360 favorable votes, “favors imports that generate unfair competition” and, in their opinion, they compromise the standards of the sector and weaken the position of the European field compared to third countries with different economic, social and environmental conditions.

“The Spanish and European agricultural sector is exposed to the entry of imported products without the legal, social or environmental guarantees that our farmers do comply with,” Asaja maintains.

Asaja has also maintained that “the CJEU has reiterated that Western Sahara is not part of Morocco, and that “Any commercial measure must strictly respect current rulings.”. In his opinion, what the European Parliament is doing by rejecting the EPP and Patriotas motions is ignoring the court’s jurisprudence and simply promoting legal certainty within the single market. They even add that they believe that it is “a direct attack on equality of conditions and the interests of the European professional farmer.” In addition, they have defended that the Spanish countryside complies with all European regulations, both legal, social and environmental, and that what happened confronts them with “a real risk of competitive disadvantage compared to imported products with fewer guarantees”.

“There is still a game”

From COAGits head of State Fruit and Vegetables Andrés Góngora, has regretted what happened in statements to this medium but believes “that there is still hopebecause this Wednesday’s vote shows that the European Commission does not have everything with it and sows doubts about the legal process.” Góngora recalled that “the modification of the Regulation was not voted on” and that the community executive will have to submit to the European Parliament the changes in the Association Agreement with Morocco. “This gives us hope, because there is still a game,” has pointed out. Furthermore, he expressed his “surprise” at “the silence of the Court of Justice of the European Union (CJEU) on everything that is happening” and recalled that “it has not said anything about the negotiation process after the ruling.”

“Yesterday’s decision is one more back door, to allow Morocco the entry of all the tons of productions they want,” point out from UPA

The COAG representative has also pointed out another consequence that today’s vote may have: encouraging investment in sectors such as agriculture in what is now known as Western Sahara. “This will give more peace of mind to investors or financial entities who finance them, who will see their investments as safer,” Góngora concluded, asking that “tomatoes not be mixed with politics.” For his part, EPS has also pointed out that “yesterday’s decision is another back door to allow Morocco the entry of all the tons of production they want.” In the opinion of this agricultural organization “this decision shows that the agreements are not fulfilled and that the compensation measures are neither approved nor implemented.”