EU Agreements

Dáil Éireann Debate, Tuesday - 30 May 2017

Tuesday, 30 May 2017

Questions (54)

Seán Crowe

Question:

54. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the European Commission's efforts to renegotiate a new protocol with Morocco; and the safeguards that the Government will require from the European Commission to ensure the negotiations are in full conformity with the European Court of Justice ruling of 21 December 2016 in Polisario v. Council, notably in terms of consent in order to avoid a costly and lengthy legal proceedings that the Polisario Front would undoubtedly relaunch. [25633/17]

Oral answers (6 contributions)

Deputy Seán Crowe

As the Minister knows, I am extremely concerned about the efforts of the EU Commission to renegotiate or rebrand an adaption of the protocols of association agreement between the EU and Morocco. I am trying to find out the safeguards the Irish Government will require from the European Commission to ensure that negotiations are in full conformity with the ruling of the European Court of Justice on 21 December. What different approach will the Government be taking?

Deputy Charles Flanagan

Ireland has taken careful note of the decision of the Court of Justice of 21 December 2016, in which it set aside the decision of the General Court to annul the EU-Morocco agricultural deal. The judgment upheld the validity of the EU association agreement with Morocco, but stipulated that it does not apply to the territory of Western Sahara.

Ireland has a long-standing position in support of the right to self-determination of the people 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 will first be 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.

Deputy Seán Crowe

The Minister might remember that when the agreement was going through the House I raised concerns in respect of this matter at the time. People said it was not a concern at all and so on. Clearly, the European Court of Justice has difficulties with the agreement. It involves the issue of consent. My concern is that unless we talk to those who represent the people of Western Sahara we will be going down the same road. My concern is that the Commission is trying to rebrand the same agreement.

Can the Minister confirm that the Government will block any attempts by the European Commission to negotiate exclusively with Morocco and ignore the only legitimate and UN recognised representatives of the people of Western Sahara, namely, the Polisario Front? It seems obvious to me that the EU and the European Commission must speak to the Polisario Front urgently in order to find a viable solution and address the status of European companies and goods exported from Western Sahara. What different approach will Ireland be taking following the European Court of Justice judgment?

Deputy Charles Flanagan

Ireland considers Western Sahara to be a non-self-governing territory. Ireland, as I have said, supports the right of self-determination of the people of Western Sahara. We do not have a view on the outcome of the court's decision, be it independence, integration, autonomy or some other legal or constitutional framework, as long as it is decided in what must be a genuine exercise in self-determination.

We have taken careful note of the court's decision of last December which upheld the validity of the EU's association agreement with Morocco. It stipulated that it does not apply to the territory of Western Sahara. Ireland, as the Deputy will be aware, has a long-standing position in support of the right of self-determination of the people of Western Sahara.

These are complex issues and a resolution will take some time. For example, the agreement on agricultural products was negotiated and agreed in the agriculture working group at the Agriculture Council. That was within the framework of the EU-Morocco association agreement that entered into force some 17 years ago. It was ratified by all EU member states, including Ireland. I wish to assure the Deputy that Ireland will continue to express an interest in this area and, ultimately, the issue will be a matter for the people of Western Sahara.

Deputy Seán Crowe

It will come down to a referendum. Would the Minister not accept that it is completely unacceptable that the Moroccans continue to export products from Western Sahara into the EU, as they did before the ruling of the European Court of Justice?

There are two cases pending before the European Court of Justice regarding the EU-Morocco fisheries partnership agreement. The agreement secures EU fishing rights in Moroccan and Western Saharan waters in exchange for Morocco receiving €40 million annually, nearly half of which was supposed to be spent on developing the fishing industry in Morocco.

The EU approved funding of specific projects, including projects in Western Sahara. This means that Brussels is directly assisting the Moroccan Government in developing its infrastructure in a territory that, according to the European Court of Justice, lies outside of Morocco's internationally recognised borders. Would the Minister not agree that this is wrong and should stop?

Deputy Charles Flanagan

Any possible renegotiation of the association agreement or any modification of its proposals or protocols to provide for the treatment of goods coming from Western Sahara is currently under discussion at the European Union level. The question of the consent of the people of Western Sahara is forming part of these discussions. The manner in which this can be done ultimately remains to be seen. I agree with the Deputy that it goes the heart of the issue. Ireland will not be silent on this matter.