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EU Court Invalidates Morocco Trade Agreements: Implications for European-African Commerce

Friday 04 October 2024 - 09:55

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The Court of Justice of the European Union (CJEU) has delivered a ruling that could significantly impact trade relations between the European Union and Morocco. The court has definitively annulled the agricultural and fisheries trade agreements between the two parties, citing that these accords were concluded "without the consent of the people of Sahara."

The agreements in question, dating back to 2012 and 2013, were designed to bolster trade exchanges and promote economic development between the strategic partners. However, the CJEU stated that these accords failed to consider the "rights and aspirations of the Sahrawi populations."

While the EU does not recognize Moroccan sovereignty over Sahara, it had established trade relationships that included products originating from the territory. This arrangement drew criticism from humanitarian organizations and political representatives, who emphasized that the primary concern of such agreements should be respect for human rights and support for local populations.

The annulment of these agreements could have significant economic repercussions for both parties. For the EU, it may challenge the access of Moroccan products to the European market, particularly in the fishing and agricultural sectors. For Morocco, this decision could deal a severe blow to an economy that heavily relies on agricultural exports and fishing.

The Polisario Front, which had denounced the agreement, had previously secured a ruling from the European court stating that the inhabitants of Sahara should have been consulted and approved the agreement. However, it's worth noting that the Polisario is not recognized as the official representative of the Sahrawi people.

The European Commission and the Council of the European Union had opposed the initial ruling and appealed to the CJEU. The lack of coherence among European institutions had placed the Morocco-EU fishing agreement in a precarious situation, preventing the renewal of the accords despite several European attempts to do so.

With the expiration of the fishing agreements in July 2023, the main beneficiaries of this cooperation namely Spain, Portugal, France, and Germany expressed serious concerns and held numerous meetings in Brussels to find a solution.

These agreements were considered crucial for several European countries, both politically and economically. They allowed 138 European vessels to fish in Moroccan waters, including those off Sahara.

Despite the CJEU's decision, Spain's Minister of Agriculture, Fisheries, and Food, Luis Planas, stated that Spain remains committed to strengthening its stable and strategic relations with Morocco. He emphasized that the relations between Morocco and Spain, as well as with the EU, are "positive and stable," and that they will work to maintain this stability regardless of the court's decision.

As the situation unfolds, it remains to be seen how the EU and Morocco will navigate these new challenges in their commercial relationship and what alternative arrangements may be proposed to address the concerns raised by the CJEU while maintaining mutually beneficial trade ties.