I propose to take Questions Nos. 361 to 364, inclusive, together.
Trade figures are available from the Central Statistics Office. I am not aware that separate statistics are kept for the Western Sahara. Trade statistics normally relate to where goods are imported from, not necessarily to ultimate point of origin. Furthermore, it is likely that the volume and value of goods from Western Sahara imported to Ireland would be tiny.
Rules for entry of products are set at EU level. Trade policy is a matter for the Department of Jobs, Enterprise and Innovation, and monitoring of rules for entry is a matter largely for that Department and the Customs Service.
Ireland considers Western Sahara to be a non-self-governing territory, which is currently largely occupied and administered by Morocco. While Ireland supports the right to self-determination of the people of the territory, it does not have a view on the outcome of that decision – be it independence, integration, autonomy, or some other solution – so long as it is decided in a genuine exercise of self-determination.
The judgment of the Court of Justice of the European Union of 21 December 2016 upheld the validity of the EU’s Association Agreement with Morocco, but stipulated that it does not apply to the territory of Western Sahara.
As a matter of practicality, almost all goods from Western Sahara are likely to be exported to, or via, Morocco. It would not be in the interests of the farmers, fishermen and other producers of Western Sahara wishing to sell their goods abroad, if they were to be prevented from doing so due to the territory’s disputed status. However, the Court has made clear that in order for the Association Agreement and related protocols to apply to Western Sahara, the consent of the people of Western Sahara is first required. The
possible renegotiation of the Association Agreement, or modification of its protocols, to provide for treatment of goods coming from Western Sahara, is currently under discussion at EU level. Given the circumstances, this is obviously a complex issue which will involve finding a way of reconciling practical
issues such as certifying the origin of goods and the monitoring of implementation with matters of principle relating to the consent of the people of Western Sahara. Any agreement entered into by the EU will have to be consistent with EU law, including the Court’s judgment of 21 December 2016.