The amendment to Delegated Regulation (EU) 2023/24293, which was approved today in the EP plenary, comes into force and permits the use of regional designations "Dakhla Oued Ed-Dahab" and "Laayoune-Sakia El Hamra" instead of "Western Sahara". This change aligns with the CJEU ruling (case C-399/22), which stated that Western Sahara should be regarded as a separate customs territory. The regulation explicitly clarifies in paragraph 89 that cherry tomatoes harvested in Western Sahara must be labeled with Western Sahara as the country of origin. Additionally, Morocco will be responsible for issuing certificates of conformity for these products to EU standards, without EU oversight, representing a transfer of regulatory authority.
Fepex criticizes the EP's approval for hurting consumers by "allowing labeling that hides the country of origin and for changing a Community norm, which is mandatory for all EU operators, to favor a third country, setting a dangerous precedent and opening the door to demands from other countries."
Fepex has repeatedly criticized the negative impact of Moroccan competition on the Spanish sector. "Specifically, for tomato exports, Moroccan competition has caused a 31% decline in Spanish production over the past decade and a 25% drop in exports to the EU, decreasing from 786,599 tons in 2014 to 591,098 tons in 2024 (excluding the UK). Meanwhile, EU imports of tomatoes from Morocco have increased by 42% during the same period."
"This competition, which currently must meet fewer social and environmental standards than European producers, will expand as the greenhouse area in Western Sahara grows from 1,200 to 5,000 hectares. These productions will be treated similarly to Moroccan ones and could receive tariff advantages if the proposed change to the EU Association Agreement with Morocco, announced last October, is ratified," they added.
Finally, Fepex hopes that "given the situation and the serious implications for Spanish and EU producers, the European Parliament will oppose the modification of the Association Agreement that includes this measure."
For more information: www.fepex.es
