EU institutions have legal responsibility to ban Western Sahara products, French Court rules
The French Court`s confirmation comes a week after representatives of the Spanish agricultural sector called on the EU to end tomato imports from Western Sahara
Earlier this week, on 28 January 2025, the French Conseil d`État confirmed the ruling of the EU Court of Justice regarding the labeling of products imported from Western Sahara. The decision upholds that goods harvested in the territory must be labeled as originating from Western Sahara, not Morocco, in accordance with EU laws and regulations, and judges that “the ban measure requested by the association [Confédération Paysanne, Ed.] is the responsibility of the European authorities”.
The case was brought forward to the French Court by the French farmers` union Confédération Paysanne, which sought clarification on two key issues: whether Western Saharan produce should explicitly state its true origin rather than being labeled as Moroccan, and whether French authorities have the power to ban the import of such goods in cases of non-compliance with labeling requirements.
In 2022, the French Conseil d`État referred the matter to the EU Court of Justice. The Court ruled in October 2024 that products from Western Sahara must be correctly labeled to avoid misleading consumers. It also emphasized that while exporters of melons and tomatoes from the territory had failed to comply with proper labeling regulations, the authority to impose import bans rests solely with the European Union, not individual Member States.
Following this EU ruling, the French
Conseil d`État has now confirmed that Western Saharan products must be labeled as such and that "the ban measure requested by the association is the responsibility of the European authorities”.
Western Sahara Resource Watch (WSRW) reported that in 2022 alone, agricultural and fisheries exports from Western Sahara to Europe amounted to a staggering €590 million.
“Given the massive scale of fraudulent origin labeling, which has persisted for many years, the European Commission as the guardian of the EU Treaties has the legal obligation to prohibit the import of these goods into the Union,” says Sara Eyckmans of WSRW.
Just last week, representatives of the Spanish agricultural sector met with the EU Commission in Brussels to call for the implementation of EU rulings on Western Sahara. Specifically, the Spanish farmers demand the exclusion of tomatoes produced in the Sahara from the tariff concessions outlined in the Association Agreement with Morocco. The delegation, which included representatives from Fepex, Eucofel and Coexphal, also urged the establishment of stricter measures to ensure proper identification of product origin.
Photo: Illicitly imported Western Sahara produce through Moroccan occupation. Source: WSRW.
