(5)In its judgments in Cases C-104/16 P and C-266/16note 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, and in its judgment of 4 October 2024 in Case C-399/22note the Court of Justice further clarified that the territory of Western Sahara is to be regarded as a separate customs territory for the purposes of Article 60 of the Union Customs Code and, consequently, for the purposes of Regulation (EU) No 1308/2013 and of Commission Implementing Regulation (EU) No 543/2011note (repealed and replaced by Delegated Regulation (EU) 2023/2429) and that, accordingly, the indication of the country of origin which must appear on fresh fruit and vegetables harvested in that territory may designate only Western Sahara as such origin.
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