French Council of State rejects bid to ban Moroccan agricultural imports from the Sahara

The French Council of State has rejected an attempt by the Confédération Paysanne, supported by Algeria and the Polisario Front, to ban the import of agricultural products from Morocco’s southern provinces.

The Confédération Paysanne, a French agricultural union, had sought a ban on Moroccan cherry tomatoes and watermelons from the Sahara region, arguing that labeling them as “Moroccan products” violated European Union (EU) regulations. The union based its claim on a specific interpretation of EU labeling laws and trade agreements between Morocco and the European Union.

In its ruling, the Council of State dismissed the union’s request, affirming that trade regulation is an exclusive competence of the European Union. It ruled that France cannot unilaterally impose restrictions on agricultural imports, reinforcing the validity of existing EU-Morocco trade agreements.

The court also acknowledged the intervention of COMADER, the Moroccan Agricultural and Rural Development Confederation, while rejecting the Confédération Paysanne’s complaint. The decision aligns with France’s official stance, previously reaffirmed by President Emmanuel Macron in discussions with King Mohammed VI, that the present and future of the Sahara fall under Moroccan sovereignty.

The legal battle had been on hold since 2022, pending a decision from the Court of Justice of the European Union (CJEU), which ruled in October 2024 that EU member states cannot unilaterally ban imports based on labeling disputes. The court confirmed that products from Morocco’s southern provinces should be recognized as Moroccan, in accordance with EU-Morocco trade agreements. It also affirmed that Moroccan authorities have exclusive jurisdictionover the certification of agricultural products from these regions.

The French Council of State used this ruling to justify its rejection of the Confédération Paysanne’s request, citing the lack of a solid legal basis.

The decision represents a significant setback for Algeria and the Polisario Front, which had sought to challenge Morocco’s trade agreements with the EU. Following this legal defeat, their supporters launched a disinformation campaign aimed at undermining Moroccan-French relations.

Conversely, the ruling marks a victory for Moroccan agricultural producers and EU-Morocco trade relations. It guarantees free circulation of agricultural products from Morocco’s southern provinces within the European market. It also reaffirms that trade policy falls under EU jurisdiction, preventing individual member states from imposing unilateral restrictions based on political pressure.

This case highlights the legal stability of EU-Morocco trade agreements, ensuring mutual economic benefits for both parties.

The French Council of State’s ruling also serves as a new recognition of Morocco’s sovereignty over its southern provinces in the context of international trade. It further underscores the failure of Algerian-backed efforts to disrupt strategic France-Morocco relations, while reinforcing trade stability and legal clarity in line with European and international law.

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