It's the light at the end of the tunnel for the European Commission's process of revising agreements with Morocco. On the question of products from Western Sahara, the Twenty-Seven are on the verge of conceding to the Kingdom's terms. Here's why. The European Commission has recommended that European Union member states approve a new trade agreement with Morocco, which includes Western Sahara. The initiative was criticized on Monday by an NGO close to the Polisario Front, which raised concerns about its impact on democratic processes and the rights of the Sahrawis. The proposal will be reviewed on October 1 in Brussels by representatives of EU countries, just three days before European Court of Justice (ECJ) rulings excluding products from Western Sahara from EU–Morocco agreements take effect on October 4, 2024. The Commission is putting forward a «provisional agreement» with Morocco, bypassing the European Parliament in what it describes as a time-saving measure for the EU. In its explanatory document, the Commission stressed that «the European Union is committed to the sustainable development of the Western Sahara territory, a non-self-governing territory according to the Court of Justice's jurisprudence». It recalled that, in 2018, the EU and Morocco signed an agreement in the form of an exchange of letters amending protocols No. 1 and 4 of the association agreement, allowing goods originating from Western Sahara to enter the EU at preferential rates. A monitoring mechanism for the Sahara agreement The proposed deal stipulates that the «people of Western Sahara» must benefit from a «specific, tangible, substantial, and verifiable advantage, proportional to the exploitation of resources». These benefits must be accompanied by guarantees that exploitation will occur under conditions compatible with sustainable development, ensuring the preservation of non-renewable resources and the renewal of renewable ones, such as fish stocks. The text also calls for a monitoring mechanism to verify that these advantages are effectively received by the population concerned. Respecting these conditions, the Commission notes, is essential to uphold the principle of prioritizing the interests of peoples in non-self-governing territories, as enshrined in Article 73 of the United Nations Charter and customary international law. On a political level, the proposal «reaffirms the EU's commitment to resolving the Western Sahara dispute» and «fully supports the efforts of the United Nations Secretary-General and his personal envoy to help the parties reach a just, sustainable, and mutually acceptable political solution, guaranteeing the self-determination of the Sahrawi people in line with the principles of the United Nations Charter». As a reminder, Moroccan Head of Government Aziz Akhannouch met with European Commission President Ursula von der Leyen last week in New York. The move comes at a time when the United States has formally pledged to invest in Western Sahara, with the United Kingdom appearing to follow suit. Against this backdrop, the EU is keen not to remain on the sidelines of the evolving dynamic around the Sahara.
