The EU Council has agreed to appeal the General Court of the European Union’s (GCEU) ruling of annulling part of the agricultural agreement between the EU and Morocco, which applies to products cultivated in Western Sahara, according to the Spanish federation of associations of producers and exporters of fruits (Fepex).
Fepex says the EU’s Council decision to file an appeal with the Court of Justice of the EU, a higher instance than the General Court, was expected.
The Council has until December 16 to submit the appeal.
The European Court of Justice on Sep. 29 cancelled an Agreement on Agriculture and Fisheries with Morocco, based on an appeal submitted by the Polisario Front in 2019.
The applicant, Polisario, requested annulment of the contested decisions claiming to act ‘on behalf of the Sahrawi people.” It argued that approving the EU-Morocco Partnership Agreement, which applies to the waters adjacent to Western Sahara and to products cultivated in the territory exploits the Sahara’s natural resources, ” and encourages the policy of annexation of Sahara by Morocco.”
According to the Council and the interveners, Polisario does not possesses legal personality under the national law of any Member State, however, the court finds that the Polisario Front is capable of conferring upon it locus standing before the EU Courts to present its case.
When the GCEU ruling was made public on September 29, the European Commission, Spain, and Morocco stated they were in favor of maintaining the status quo with Morocco and preserving relations of a marked geopolitical nature.
According to a 2018 report by the Commission and the European External Action Services, the area of fruit and vegetables in Western Sahara will grow from 900 hectares in 2018 to 5,000 hectares, which would mean production would increase by up to 500,000 tons, which are mostly exported to the EU.
Community imports of Moroccan fresh fruits and vegetables have strongly increased in recent years, increased by 63%, as it went from 856,914 tons in 2010 to 1.4 million tons in 2020, according to Eurostat data, processed by Fepex.
Meanwhile, their value has gone from 822,642 euro to €1.8 million, an increase by 118% more.
For now, everything will remain the same for the export of Morocco’s fruit and vegetables until this dispute is resolved, which will take at least one year, according to Fepex.
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