<h6><strong>Eduardo González/Ane Barcos</strong></h6> <h4><strong>The Polisario Front has “strongly” condemned the new agreement between the European Union and Morocco to extend preferential tariff treatment to products from Western Sahara, considering that it “constitutes a flagrant violation of international law and a direct violation of judicial decisions relating to the occupied territory.”</strong></h4> The European Union and the Kingdom of Morocco have signed an agreement extending preferential tariff treatment to products originating in Western Sahara. The agreement, which has been provisionally applied since October 3 and was announced this Monday by the European Commission, modifies Protocols 1 and 4 of the Euro-Mediterranean Association Agreement between the two parties with the aim of ensuring that products originating in Western Sahara, which are subject to controls by Moroccan customs authorities, receive the same trade preferences as products from Morocco covered by the agreement. The new agreement establishes that products originating in the region must be identified with proofs of origin certifying their place of production, specifically the cities of Dakhla or Laayoune. Customs authorities in both the EU and Morocco will be responsible for ensuring compliance with the requirements established in Protocol 4, which regulates the determination of the origin status of products. Furthermore, it provides that products from the region may be labeled to reflect their place of origin. For products in the fruit and vegetable sector, it has been agreed that a specific label indicating their origin will be included on the relevant certificates. To align with the ruling of the Court of Justice of the European Union, issued in October 2024, requiring funding for projects in sectors such as water, energy, combating desertification, and desalination in Western Sahara, the agreement provides for an increase in EU humanitarian aid to the Tindouf camps, which will be managed through the cooperation mechanisms established by the EU and the United Nations. The impact of the agreement will be monitored annually, with particular attention to sustainable development and the exploitation of the region's natural resources. To this end, a periodic evaluation of compliance with the agreement's provisions will be carried out by the Association Committee. This new agreement replaces the one signed in 2018 and reflects, according to the EU Executive, "the mutual commitment of the EU and Morocco to continue strengthening their cooperation within the framework of a long-term strategic relationship." <h5><strong>The Polisario will use "all available legal mechanisms to challenge it"</strong></h5> In a statement released by the Sahrawi news agency SPS, the Polisario Front denounced that this agreement, "aimed at replacing the 2018 agreement annulled by explicit rulings of the Court of Justice of the European Union, constitutes a flagrant violation of international law and a direct violation of judicial decisions relating to the occupied territory." It also recalls that the European Court of Justice had already ruled in 2016 that Western Sahara is a territory separate and distinct from Morocco, establishing the need for the consent of the Sahrawi people for any agreement affecting them. "This principle was reaffirmed in the rulings of October 2024, which explicitly recognized the Polisario Front's ability to represent the Sahrawi people and defend their sovereign rights before European justice," it continues. Based on these sound legal principles, the Polisario Front reiterates that the new agreement "lacks legitimacy" and that it "will use all available legal mechanisms to challenge it and protect the rights and resources of the Sahrawi people."
