Fepex denounces confusing labeling from Western Sahara

FEPEX regrets that the vote on Thursday 27 November in the plenary session of the European Parliament allows to enter into force the amendment proposed by the European Commission to the delegated Regulation 2023/24293 on marketing standards for fruit and vegetables. This amendment will authorize the productions from Western Sahara not to carry the indication of origin of this non-autonomous territory colonized by Morocco and be labeled with the name of the regions of origin, contrary to the ruling of the CJEU and the Community legislation on labeling. The latter requires the country of origin to appear. Morocco will also be in charge of issuing certificates of conformity of these products with EU standards, without EU supervision. This is clearly a transfer of competences.

Designation "Dakhla Oued Ed-Dahab" instead of "Western Sahara".

The entry into force of the amendment to Delegated Regulation (EU) 2023/24293 on marketing standards for fruit and vegetables following today's vote in the EP plenary, will allow the use of the regional designations "Dakhla Oued Ed-Dahab" and "El Aaiun-Sakia El Hamra" instead of the mention of "Western Sahara" as required by theThe CJEU ruling (Case C-399/22), which indicated that the territory of Western Sahara should be considered a separate customs territory, and makes explicit in its paragraph 89 that the labeling of cherry tomatoes harvested in the territory of Western Sahara, must indicate only Western Sahara as its country of origin.

Unjustified transfer of competence

The objection to the Commission's proposal to reform Delegated Regulation 2023/24293, which proposed its rejection and which was not adopted, today, for lack of a single vote (359 in favor when 360 are necessary, 188 against and 76 abstentions) allows the adoption of the Delegated Regulation which provides for an unprecedented derogation in the field of import and export trade from Article 76(1) of Regulation (EU) 1308/2013. This stipulates that the obligation of indication on the labeling of the country would be replaced by that of the mentioned regions of Western Sahara, apparently for no other purpose than to conceal the origin. On the other hand, certificates of conformity of these products with EU standards may be issued by the Moroccan authorities, which means that Morocco will be able to certify without Community supervision in an unjustified transfer of competences.

Hidden labeling

For FEPEX, the consequences of what was proposed by the Commission and approved today by the EP, with only one vote of difference are very serious because, on the one hand, consumers are harmed, allowing a label that hides the country of origin and on the other hand a Community standard is modified, therefore mandatory for all EU operators, in favor of a third country, which sets a serious present and opens the door to claims from other countries.

Market lost to Morocco

As for the repercussions for producers, FEPEX has repeatedly denounced that Moroccan competition is seriously damaging the Spanish sector. In the case of tomato exports, mainly Moroccan competition has caused production in Spain to be reduced by 31% in the last ten years and exports to the EU have also fallen by 25%, from 786,599 tons in 2014 to 591,098 tons in 2024, (excluding the UK), while EU imports of tomato from Morocco have grown by 42% in the last ten years.

Dakhla pending quadrupling its acreage

Now, this competition, which produces with social and environmental requirements lower than those applicable to European producers, will increase because it is expected that the area of greenhouses in Western Sahara from the current 1,200 to 5,000 hectares, and these productions will have the same treatment as the Moroccan, benefiting from tariff advantages if ratified the proposed amendment, last October, the EU Association Agreement with Morocco. FEPEX is confident that the European Parliament will reject the amendment to the Association Agreement of which this measure is part.

For more information on the supply and competition of Moroccan tomatoes you can write here.