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EU‑Morocco Trade Deal Gets New Safeguards for Western Sahara

Published July 22, 2025

Goal: Protect trade, respect rights

This resolution lets the EU renegotiate its 2018 trade deal with Morocco so that goods from Western Sahara can keep lower tariffs, but it adds rules to protect the Saharawi people and make sure they get real benefits.

Trade
Trade

What the document is about
The European Union (EU) wants to keep the special tariff‑preferential treatment that allows products from Western Sahara to enter the EU at lower customs duties. A recent court decision said that any agreement with Morocco that covers Western Sahara must have the consent of the Saharawi people and must give them a clear, measurable benefit from the use of the territory’s resources. The EU therefore needs to change the 2018 “Exchange of Letters” agreement with Morocco so that it meets the court’s requirements.

How the problem is being solved
The Commission recommends that the Council authorise negotiations with Morocco to amend the 2018 agreement. The new agreement will:

  • Include the court‑mandated safeguards (consent of the Saharawi people, tangible benefits, sustainable‑development guarantees, and a control mechanism).
  • Preserve the existing tariff preferences for goods from Western Sahara for the next 12 months and, if the new agreement is reached, for the long term.
  • Keep the agreement in the same “exchange of letters” format, so it can be signed quickly.

What changes as a result of this document

  • The Commission is formally authorised to negotiate the amendment.
  • The Council will adopt a decision to open negotiations and appoint a negotiator.
  • The new agreement will be based on the EU‑Morocco Association Agreement and will add the required safeguards.
  • Trade and customs rules will be updated so that EU customs can recognise products from Western Sahara and apply the correct tariff rates.
  • A monitoring system will be set up to verify that the Saharawi people receive the promised benefits.

Other important information

Item Details
Legal basis Article 218(3) and (4) TFEU; Article 207(4) TFEU (common commercial policy).
Subsidiarity Not applicable – common commercial policy is an exclusive EU competence.
Proportionality Negotiations are limited to what is needed to keep tariff preferences and comply with the court ruling.
Budget impact In 2023 the EU waived about €44.4 million in duties for goods from Western Sahara.
Trade figures 2022: 203 000 t of goods from Western Sahara were exported to the EU (129 200 t seafood, 74 000 t agri‑products). 2023: tariff preferences saved €44.4 million in duties, reducing import costs by 8.4 % (from €634.4 m to €590 m).
Employment impact The agreement has created more than 49 000 direct jobs in Western Sahara, about 18 % of the territory’s active population.
Customs implications Goods must carry a certificate of origin that clearly shows they come from Western Sahara. Rules of origin will follow those of the EU‑Morocco Association Agreement, with possible labelling requirements.
Monitoring A regular control mechanism will check that the benefits promised to the Saharawi people are actually received.
Other policy links The amendment supports the EU’s partnership with Morocco and the UN’s efforts for a political solution that gives the Saharawi people self‑determination.

The recommendation is a formal step to ensure that the EU can continue to offer tariff preferences to Western Sahara while respecting the legal requirements set by the Court of Justice.

Licensing: The summaries on this page are available under Creative Commons Attribution 4.0 (CC BY 4.0).

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