Confidential Danish Note Reveals New Morocco-EU Trade Agreement Including Western Sahara

A confidential note from the Danish Ministry of Foreign Affairs, revealed by investigative media outlet Danwatch, confirms the preparation of a new trade agreement between Morocco and the European Union that includes the Western Sahara territories, with the official signing scheduled for October 4.

According to the document, Denmark has already announced its support for this agreement despite reservations expressed by several European legal experts. Danish Foreign Minister Lars Løkke Rasmussen reportedly informed the European Affairs Committee of Parliament that his government will vote in favor of the agreement, despite misleading legal criticisms arguing that the text contradicts the Court of Justice of the European Union (CJEU) ruling. In 2021, the CJEU annulled a previous trade agreement with Morocco on the grounds that Western Sahara is a “separate and non-autonomous” territory.

The revised agreement, inspired by the 2019 text, will maintain the importation of products originating from Moroccan Sahara under Moroccan customs supervision and with the same tariff preferences as those granted to Moroccan products.

The note also highlights that the agreement aims to promote a “sustainable development” model for the populations of the Southern Provinces, although, according to several cited experts, guarantees for the genuine participation of Sahrawis in managing their natural resources remain insufficient.

Towards Relaunching Fisheries Agreements

These details coincide with a report by the European platform Euractiv, which states that the European Commission is working on a new arrangement to reactivate the Morocco-EU fisheries agreement, suspended after its cancellation by the CJEU at the end of 2024.

Brussels seeks an intermediate solution to avoid a diplomatic confrontation with Rabat while formally respecting European law. This compromise would involve distinct labeling of products from Western Sahara, indicating “Western Sahara” as the origin, without excluding them from Morocco’s preferential customs regime.

However, all official documents and certificates of origin would continue to be issued by Moroccan authorities, underscoring the desire to preserve Rabat’s administrative sovereignty.

A senior European official cited by Euractiv stated, “The European Union wants to respect the legal framework imposed by the Court, but it has no interest in jeopardizing its trade with Morocco, its strategic partner and main supplier of agricultural and fishery products in the region.”

Morocco Advocates an “All or Nothing” Approach

The report indicates that this “middle ground” solution aims to reconcile European legal requirements with Morocco’s firm position, which categorically rejects any distinction between the Sahara and the rest of its territory. Rabat views any attempt to specifically classify Saharan products as an infringement on its national sovereignty.

Thus, Morocco insists on an “all or nothing” principle: any agreement signed with the EU must cover the entire national territory, including the Southern Provinces, or be abandoned altogether.

Economic and Diplomatic Stakes

Previous European reports have already emphasized that the EU remains the party most affected by the suspension of the fisheries agreement due to its heavy dependence on Moroccan fishery and agricultural products. Meanwhile, other powers, including Russia, continue to strengthen their commercial and maritime ties with Rabat, increasing pressure on Brussels to find a pragmatic solution.

This development occurs in a geopolitical context favorable to Morocco, marked by renewed U.S. support for Moroccan sovereignty over the Sahara and a growing influx of international investments into the Southern Provinces. This dynamic could reshape future Euro-Moroccan trade relations and strengthen the kingdom’s position as a key player in euro-African trade.

About محمد الفاسي