Brussels Ratifies Sahara Agricultural Labeling Law
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EU Adjusts Labeling Rules for Fruits & Vegetables from Western Sahara
Table of Contents
What Happened
The European Commission adopted and published, on Thursday, October 16, 2025, the delegated regulation wich adjusts the labeling regime for fruits and vegetables from Western sahara placed under the direct supervision of the Moroccan customs authorities. This act establishes, on a normative level, the unity of processing between this territory and Morocco, by aligning European Union (EU) law with the new agreement concluded with Rabat and which came into provisional force on October 4, 2024. Read the Delegated Regulation.
The regulation stems from Article 76 of Regulation (EU) No. 1308/2013,which requires the specification of origin for fresh produce entering the EU market.Delegated Regulation (EU) 2023/2429 already established marketing standards for fruits, vegetables, processed products, and bananas. The new act specifically exempts products from the Sahara,acknowledging the unique circumstances.
The Legal Context: European Jurisprudence and Morocco’s Role
The Commission’s decision is heavily influenced by a series of judgments from the Court of Justice of the European Union (CJEU) since 2016. These rulings initially qualified Western Sahara as a non-autonomous territory. however, the CJEU concurrently recognized the role of Moroccan authorities in supervising trade within the region.
Key CJEU judgments include:
- December 21, 2016 (C-104/16 P): Western Sahara was considered distinct from Morocco, but Moroccan authorities had effective trade management.
- February 27, 2018 (C-266/16): Agricultural products from the Sahara required their own origin indication.
- October 4, 2024 (C-399/22): Western Sahara is a distinct customs territory, but its management is under Moroccan control.
- October 4, 2024 (C-779/21 P and C-799/21 P): Annulled a previous Council decision but maintained its effects during a transitional period for negotiations with Rabat.
The Agreement with Morocco
To ensure clear labeling and informed consumers, the EU and Morocco signed an exchange of letters on October 2, 2024, approved by a Council decision. This agreement extends Euro-Mediterranean trade preferences to products from the Sahara under Moroccan control. Imported products will now indicate the Moroccan region of harvest as the place of origin, as stated on the certificate of origin.
Furthermore, the EU may delegate to Moroccan authorities the authority to issue certificates of conformity with EU marketing standards.This means Morocco will be the guarantor of compliance with EU regulations.