This article is under development. 

Western Sahara “is separate from Morocco and is a customs territory within the meaning of EU law. Any other indication would be likely to suggest to consumers that those melons and tomatoes originate from a place other than the territory in which they were harvested", a press release from the court stated in an important ruling today. 

“The indication of the country of origin which must appear on the melons and tomatoes in question may designate only the Western Sahara, because those goods are harvested in that territory” the release reads.  

The Court has pronounced itself at the request of the French Council of State, which in June 2022 had referred a case brought by a French union of farmers, Confédération Paysanne. The farmers’ union sought clarification on two issues: first, whether produce from Western Sahara should be labelled as from Western Sahara, rather than from Morocco, to be in line with EU laws and regulations; and second, whether the French authorities have the power to prohibit imports of fruits and vegetables in case of non-compliance on rules-of-origin. 

Concretely, the farmers are concerned over the continued imports of fruits and vegetables from Western Sahara that are certified as Moroccan, when the highest Court of the EU has concluded on multiple occasions that Western Sahara is a territory that is separate and distinct from Morocco, and that Morocco has no sovereignty or administering mandate over the territory. 

The EU Court of Justice also ruled in a separate ruling today that the EU trade and fisheries agreements cannot be applied to Western Sahara. That ruling was the conclusion of appeal cases brought by the EU Council and Commission against the General Court’s ruling of September 2021, annulling the EU-Morocco trade agreement and fisheries agreement in occupied Western Sahara.

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