Products from Western Sahara imported by EU countries

Subject: Products from Western Sahara imported by EU countries

The EU guidelines to the national customs authorities on how to implement CJEU judgment C104/16 P, distinguishing Western Sahara from Morocco, state that in the event of reasonable doubt regarding the origin of goods, Title VI of Protocol 4 to the EU-Morocco Association Agreement applies. This directs the customs authority of the importing Member State to request verification from the competent Moroccan authorities.

The resolution adopted by Parliament on 16 January 20191 extending the EU-Morocco Liberalisation Agreement to Western Sahara clearly states that ‘a key criterion for Parliament before giving its consent to the agreement is to ensure that a mechanism will be put in place for Member States’ customs authorities to have access to reliable information on products originating in Western Sahara and imported into the EU, in full compliance with EU customs legislation’.

Given this background, what has the Commission done so far in order to ensure that Member States’ customs authorities can distinguish products imported from Morocco from those imported from the territory of Western Sahara?

1 Texts adopted, P8_TA(2019)0016.

Answer given by Mr Moscovici on behalf of the European Commission

(19 July 2019)

The Agreement (2) creates the legal basis for granting to products originating in Western Sahara the same tariff treatment as the one granted to Moroccan products under the EU-Morocco Association Agreement (3). It also includes a commitment from both Parties to exchange information in the framework of the Association Committee at least once a year.

The modalities for this exchange of information have to be determined at the latest two months after the entry into force of the agreement. Such modalities are still to be adopted.

In addition, Morocco announced the setting up of a system that is to provide the EU and Member States’ customs authorities information on products of Western Sahara origin exported to the European Union that are subject to controls by customs authorities of the Kingdom of Morocco. The system is expected to be available at the time of entry into force of the Agreement.

In addition, the use of the administrative and customs cooperation procedures provided for in the EU-Morocco Association Agreement should enable the customs authorities to establish the correct origin of goods from Western Sahara.

These mechanisms will enable regular assessment and, if needed, improvement of the impact of the agreement on local development.

The Agreement will enter into force only when Morocco will have notified the EU of the completion of their internal procedures for its adoption.

⋅1∙ Texts adopted, P8_TA(2019)0016.

⋅2∙ Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-

Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ L 34 of 6.2.2019, p. 4).

⋅3∙ Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of

Morocco, of the other part (OJ L 70 of 18.3.2000, p. 2.).