Date: 2025-10-08Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2025/2053 of 10 September 2025 authorising the opening of negotiations with the Kingdom of Morocco for an agreement in the form of an Exchange of Letters on the amendment of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
**Executive Summary**
Council Decision (EU) 2025/2053, dated September 10, 2025, authorises the European Commission to open negotiations with the Kingdom of Morocco for an agreement via an Exchange of Letters to amend the Euro-Mediterranean Agreement. This amendment pertains to Protocols 1 and 4, following the Court of Justice ruling regarding Western Sahara. Council Decision (EU) 2019/217 will cease to have effect on 4 October 2025.
**Key Points / Main Content**
* **Context and Purpose:**
* The decision concerns the Euro-Mediterranean Agreement between the EU and Morocco, specifically regarding tariff preferences for goods originating in Western Sahara.
* It follows the Court of Justice's judgments in Case C-104/16 P and Joined Cases C-779/21 P and C-799/21 P, which clarified that any agreement with Morocco concerning Western Sahara must have the consent of the people of Western Sahara.
* **Negotiation Authorization:**
* The European Commission is authorised to open negotiations with Morocco for an agreement in the form of an Exchange of Letters.
* The aim is to amend the existing Agreement by modifying Protocols 1 and 4.
* **Negotiation Directives and Process:**
* Negotiations are to be conducted according to the directives set out by the Council.
* The Special Committee, as defined in Article 218(4) of the Treaty on the Functioning of the European Union, will be consulted during the negotiations.
* **Trade and Self-determination:**
* The EU aims to maintain trade flows while respecting the conditions outlined in the Court's judgments.
* The EU supports the United Nations' efforts to achieve a mutually acceptable political solution for Western Sahara's self-determination.
**Impact Analysis**
**European Commission**
* **Impact:** The Commission is responsible for conducting the negotiations with the Kingdom of Morocco.
* **Action Required:** Open negotiations with the Kingdom of Morocco in compliance with the Council’s negotiation directives.
**Kingdom of Morocco**
* **Impact:** The Kingdom of Morocco is required to engage in negotiations regarding an agreement to modify Protocols 1 and 4, regarding trade.
* **Action Required:** Engage in negotiations with the European Commission.
**People of Western Sahara**
* **Impact:** Agreements concerning Western Sahara must have their consent.
* **Action Required:** Any agreement must ensure they receive specific, tangible, substantial, and verifiable benefits from the exploitation of natural resources.
**Council of the European Union**
* **Impact:** This Decision is addressed to the Commission.
* **Action Required:** No action is required.
Key Entities Referenced
Court of Justice of the European Union: The judicial body that issued key rulings concerning the application of the Euro-Mediterranean Agreement to Western Sahara, triggering the need for this Council Decision.
Kingdom of Morocco: One of the primary parties involved in the Euro-Mediterranean Agreement and the subject of the authorized negotiations.
European Commission: The EU institution authorized to open negotiations with the Kingdom of Morocco.
Western Sahara: The territory whose status and the applicability of trade agreements are at the center of this Council Decision and related legal disputes.
Euro-Mediterranean Agreement: The agreement between the European Communities, their Member States, and the Kingdom of Morocco that is being amended and whose application to Western Sahara is under scrutiny.
Official Journal EN
of the European Union L series
2025/2053 8.10.2025
COUNCIL DECISION (EU) 2025/2053
of 10 September 2025
authorising the opening of negotiations with the Kingdom of Morocco for an agreement in the form
of an Exchange of Letters on the amendment of the Agreement in the form of an Exchange of Letters
between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4
to the Euro-Mediterranean Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Kingdom of Morocco,
of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph,
in conjunction with Article 218(3) and (4) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
(1) The Euro-Mediterranean Agreement establishing an Association between the European Communities and their
Member States, of the one part, and the Kingdom of Morocco, of the other part(1) (the ‘Association Agreement’)
entered into force on 1 March 2000.
(2) In its judgment in Case C-104/16 P(2) of 21 December 2016, the Court of Justice of the European Union (the
‘Court’) clarified that the Association Agreement only covers the territory of the Kingdom of Morocco and does not
cover Western Sahara, which is a non-self-governing territory that is distinct from the Kingdom of Morocco.
(3) In order to establish a legal basis to grant the tariff preferences laid down in the Association Agreement to goods
originating in Western Sahara, the European Union and the Kingdom of Morocco concluded an Agreement in the
form of an Exchange of Letters on the amendment of Protocols 1 and 4 to the Association Agreement(3) (the
‘Agreement in the form of an Exchange of Letters’), which was signed on 25 October 2018.
(4) In its judgment of 4 October 2024 in Joined Cases C-779/21 P and C-799/21 P(4), the Court ruled that any
agreement with Morocco concerning Western Sahara must have the consent of the people of Western Sahara.
Moreover, the Court held that such consent may be presumed provided that the agreement in question does not give
rise to any obligation for the people of Western Sahara and that that people receives a specific, tangible, substantial
and verifiable benefit from the exploitation of natural resources in Western Sahara territory which is proportional to
the degree of that exploitation. The benefit must be accompanied by guarantees that that exploitation is carried out
under conditions consistent with the principle of sustainable development.
(5) As a consequence of the judgment of the Court in Case C-779/21 P, Council Decision (EU) 2019/217(5)will cease to
have effect on 4 October 2025.
(1) OJ L 70, 18.3.2000, p. 2, ELI: http://data.europa.eu/eli/agree_internation/2000/204/oj.
(2) Judgment of the Court of Justice of 21 December 2016, Council of the European Union v Polisario Front, C-104/16 P, ECLI:EU:
C:2016:973.
(3) Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of
Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their
Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ L 34, 6.2.2019, p. 4, ELI: http://data.europa.eu/
eli/agree_internation/2019/217/oj).
(4) Judgment of the Court of Justice of 4 October 2024, Council of the European Union v Polisario Front, Joined Cases C-779/21 P and
C-799/21 P, ECLI:EU:C:2024:835.
(5) Council Decision (EU) 2019/217 of 28 January 2019 on the conclusion of the agreement in the form of an Exchange of Letters
between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean
Agreement establishing an association between the European Communities and their Member States, of the one part, and the
Kingdom of Morocco, of the other part (OJ L 34, 6.2.2019, p. 1, ELI: http://data.europa.eu/eli/dec/2019/217/oj).
ELI: http://data.europa.eu/eli/dec/2025/2053/oj 1/2EN
OJ L, 8.10.2025
(6) It is important to ensure that the flows of trade which have developed over the years are not disrupted, and that the
tariff preferences under the Association Agreement apply to goods originating in Western Sahara, while fully
respecting the conditions laid out in the judgment of the Court in Joined Cases C-779/21 P and C-799/21 P.
(7) The Union supports the efforts of the United Nations to find a mutually acceptable political solution which would
provide for the self-determination of the people of Western Sahara consistent with the principles and purposes of
the Charter of the United Nations.
(8) Negotiations should be opened with a view to concluding an agreement in the form of an Exchange of Letters on the
amendment to the Agreement in the form of an Exchange of Letters following the conditions established by the
Court in its judgment in Joined Cases C-779/21 P and C-799/21 P,
HAS ADOPTED THIS DECISION:
Article 1
1. The Commission is hereby authorised to open a negotiations, on behalf of the Union, for an agreement in the form of
Exchange of Letters on the amendment to the Agreement in the form of an Exchange of Letters between the European
Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement
establishing an association between the European Communities and their Member States, of the one part, and the Kingdom
of Morocco, of the other part.
2. The negotiations shall be conducted in accordance with the negotiating directives of the Council set out in the
addendum to this Decision.
Article 2
The negotiations shall be conducted in consultation with the Special committee provided for in Article 218(4) of the Treaty
on the Functioning of the European Union.
Article 3
This Decision is addressed to the Commission.
Done at Brussels, 10 September 2025.
For the Council
The President
M. BJERRE
2/2 ELI: http://data.europa.eu/eli/dec/2025/2053/oj