MOTION FOR A RESOLUTION on the Commission delegated regulation of 16 October 2025 amending Delegated Regulation (EU) 2023/2429 as regards origin labelling for fruit and vegetables originating in the non-self-governing territory of Western Sahara
20.11.2025 - (C(2025)06948 — 2025/2943(DEA))
Carmen Crespo Díaz, Herbert Dorfmann
on behalf of the PPE Group
B10‑0506/2025
European Parliament resolution on the Commission delegated regulation of 16 October 2025 amending Delegated Regulation (EU) 2023/2429 as regards origin labelling for fruit and vegetables originating in the non-self-governing territory of Western Sahara
(C(2025)06948 — 2025/2943(DEA))
The European Parliament,
– having regard to the Commission delegated regulation (C(2025)06948),
– having regard to Article 290 of the Treaty on the Functioning of the European Union,
– having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council[1],
– having regard to Commission Delegated Regulation (EU) 2023/2429[2],
– having regard to Rule 114(3) of its Rules of Procedure,
A. whereas in its judgments in Cases C-104/16 P[3] and C-266/16[4] the Court of Justice clarified that the territory of Western Sahara constitutes a non-self-governing territory distinct from that of the Kingdom of Morocco; whereas in its judgment in Case C-399/22[5] the Court of Justice further clarified that the territory of Western Sahara must be regarded as a separate customs territory for the purposes of Article 60 of the Union Customs Code and, consequently, of Regulation (EU) No 1308/2013 and of Commission Implementing Regulation (EU) No 543/2011 (replaced by Delegated Regulation (EU) 2023/2429[6]) as regards the indication of the country of origin on the label of fresh fruit and vegetables harvested in that territory, which may designate only Western Sahara as such origin;
B. whereas the proposed delegated regulation does not ensure that fruit and vegetables originating from Western Sahara are clearly identified with their true country of origin, allowing ambiguous labelling that is contrary to Union legislation on food information to consumers;
C. whereas Article 7 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council[7] expressly prohibits any food information that may mislead consumers as to the origin of food products;
D. whereas the proposed delegated regulation foresees a derogation to Article 76 of Regulation (EU) No 1308/2013, allowing regions rather than countries to appear on labels, and, whereas, such an approach risks creating a dangerous precedent that would leave consumers and farmers in the Union unprotected in the future; whereas the delegated act cannot allow ambiguous regional references that suggest a Moroccan origin, given that customs duties depend on the country, not the region, of origin;
E. whereas the lack of an explicit, precise and verifiable territorial reference for products originating from Western Sahara could facilitate unfair commercial practices, undermine the confidence of consumers and operators, and weaken traceability and legal certainty in the Union market;
1. Objects to the Commission delegated regulation;
2. Instructs its President to forward this resolution to the Commission and to notify it that the delegated regulation cannot enter into force;
3. Instructs its President to forward this resolution to the Council and to the governments and parliaments of the Member States.
- [1] Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj).
- [2] Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 3.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj).
- [3] C-104/16 P, Council v. Front Polisario, ECLI:EU:C:2016:973.
- [4] C-266/16, Western Sahara Campaign UK v Commissioners for Her Majesty's Revenue and Customs and Secretary of State for Environment, Food and Rural Affairs, ECLI:EU:C:2018:118.
- [5] C-399/22, Confédération Paysanne v Ministre de l’Agriculture et de la Souveraineté alimentaire and Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique, ECLI:EU:C:2024:839.
- [6] Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 3.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj)
- [7] Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18, ELI: http://data.europa.eu/eli/reg/2011/1169/oj).