Parliamentary question - E-000813/2017Parliamentary question
E-000813/2017

Legality of EU fishing in Western Sahara under the EU-Morocco Fisheries Partnership Agreement

Question for written answer E-000813-17
to the Commission
Rule 130
Linnéa Engström (Verts/ALE) , Bodil Valero (Verts/ALE) , Max Andersson (Verts/ALE) , Klaus Buchner (Verts/ALE) , Olle Ludvigsson (S&D) , Jytte Guteland (S&D) , Marita Ulvskog (S&D) , Paloma López Bermejo (GUE/NGL) , João Ferreira (GUE/NGL) , Takis Hadjigeorgiou (GUE/NGL) , Rina Ronja Kari (GUE/NGL) , Stelios Kouloglou (GUE/NGL) , Lola Sánchez Caldentey (GUE/NGL) , Patrick Le Hyaric (GUE/NGL)

The Court of Justice of the European Union (CJEU) ruled in Case C-104/16 Council v Front Polisario that Western Sahara is not part of the sovereign territory of Morocco and that, in line with the principles of self-determination and of relative effect of treaties, the EU-Morocco Association and Liberalisation Agreements could not apply to Western Sahara without the consent of the people of Western Sahara.

On 5 January 2017, the Commission adopted Decision (EU) 2017/11, modifying the 2013 EU-Morocco Fisheries Partnership Agreement (FPA), in order to encourage European fishing fleets to land more fish in Moroccan ports. This measure has been portrayed by some media outlets as a consolation prize for Morocco after the CJEU judgment. The last available report of the EU-Morocco Joint Scientific Committee states that EU vessels operating under the EU-Morocco FPA are mostly fishing in Sahrawi waters.

Can the Commission confirm that the abovementioned decision includes Moroccan ports located in the occupied Sahrawi territories?

In view of the judgment of the CJEU in Case C-104/16, can the Commission clarify the legal basis, under international or EC law, for its Decision (EU) 2017/11 of 5 January 2017?

Did the people of Western Sahara consent to this modification of the EU-Morocco FPA?

[Question supported by Members other than the author(s)[1]]