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Rabat – The European Commission has reportedly secretly negotiated a new trade agreement with Morocco that covers products from Western Sahara, despite a ruling by the European Court of Justice (CJEU) that declared such deals invalid. If confirmed, this would be a win for the further recognition of Morocco’s territorial integrity, solidified through trade engagements in the southern provinces.
El Independiente quoted a leaked internal document published by Western Sahara Resource Watch (WSRW) as saying that the negotiations took place over five days, from September 10 to 15, and were signed at the draft level on September 15.
The agreement would allow goods from Western Sahara to enter the European market under Morocco’s trade preferences, even though the CJEU has repeatedly ruled that the territory is “separate and distinct” from Morocco.
The Spanish outlet reported that WSRW condemned the move, saying the EU was undermining international law. “The Commission has chosen to negotiate with Morocco in secret, exclude the Sahrawis, and impose an agreement that tramples on self-determination,” said Sara Eyckmans, spokesperson for the group.
The deal is set to be voted on this Wednesday, October 1, by EU member states. The Commission has also proposed applying the agreement provisionally to avoid disruption to trade, according to El Independiente.
Farmers’ organizations in Europe are also protesting. Spain’s ASAJA said the fact that the deal will allow products from Western Sahara to be sold as Moroccan gives Morocco an unfair advantage. They argue that European farmers face stricter labor, health, and environmental rules, while goods from Western Sahara could enter the market with lower costs.
The leaked document shows that the EU also plans to invest in infrastructure projects in Western Sahara, including irrigation and desalination.
For years, the CJEU has ruled that any agreement covering Western Sahara requires the consent of the Sahrawi people, represented by the Polisario Front.
The latest ruling by the CJEU in October last year accused the European Commission of “violating the right of self-determination of Western Sahara’s population” by including the disputed territory in previous trade agreements. The court also called for labeling products like tomatoes and melons to indicate their Western Sahara origin.
Morocco viewed the decision as hostile and an attack on its sovereignty. Officials and supporters argue the court is aligning itself with pro-Polisario claims while ignoring the reality on the ground in Morocco’s southern provinces.
Rabat stresses that local populations benefit directly from trade and investment, pointing to petitions from Sahrawis defending EU agreements that provide jobs for thousands of families.
Morocco and many of its allies say the CJEU’s decisions are politically motivated. The Mediterranean Chamber of Fisheries previously called a similar ruling “an inappropriate interference in foreign policy between sovereign states.” EU High Representative Josep Borrell has also underlined the importance of Morocco as a strategic partner “more important than ever in the current geopolitical context.”
International momentum behind Morocco’s autonomy plan has grown in recent years, with countries such as the United States, Spain, the UK, and Portugal reaffirming their support. Rabat insists any future agreements with the EU must fully respect its territorial integrity and has warned against what Foreign Minister Nasser Bourita called in 2021 “Europe’s logic of blackmail” in the Sahara dispute.
