More specifically, the legal services raised concern on the fact that it is not clear “whether and how the proposed Agreement will be applied to the territories of Western Sahara and how it will actually benefit the local people”. It is also unclear “whether the further liberalisation of those goods is in accordance with the wishes and interests of the people of Western Sahara”.
"Under these circumstances, it seems appropriate to clarify these questions with the Commission before taking a position on the consent to the conclusion of the proposed Agreement", the opinion concluded.
José Bové, the rapporteur appointed by the international trade committee, has announced he will not draft his report until the European Commission clears up these legal issues.
According to a UN Legal Opinion, any economic activity in the Non-Self Governing Territory of Western Sahara requires prior consent of the people of the territory. To date, the EU has not consulted the Saharawi people on any trade agreement with Morocco covering Western Sahara's abundant natural resources.
Both the USA and the EFTA states have specifically excluded Western Sahara from the scope of their free trade agreements with Morocco.
The agreement, which foresees an increased liberalisation of EU imports from Morocco, faces heavy opposition from Southern European agricultural organisations. Especially European tomato-producers fear they will be outcompeted by Morocco’s cheaper exports. An increasing percentage of tomatoes labelled as Moroccan, are grown illegally in the occupied territories of Western Sahara.
Morocco occupies the major part of its neighbouring country, Western Sahara. Entering into business deals with Moroccan companies or authorities in the occupied territories gives an impression of political legitimacy to the occupation. It also gives job opportunities to Moroccan settlers and income to the Moroccan government. Western Sahara Resource Watch demands foreign companies leave Western Sahara until a solution to the conflict is found.