Western Sahara and the decision of the European Court of Justice on EU-Morocco relations

3.2.2017

Question for written answer E-000808-17
to the Commission
Rule 130
Florent Marcellesi (Verts/ALE) , Barbara Lochbihler (Verts/ALE) , Jordi Solé (Verts/ALE) , Bodil Valero (Verts/ALE) , Klaus Buchner (Verts/ALE) , Max Andersson (Verts/ALE) , Olle Ludvigsson (S&D) , Anna Hedh (S&D) , Jens Nilsson (S&D) , Jytte Guteland (S&D) , Marita Ulvskog (S&D) , Paloma López Bermejo (GUE/NGL) , Marina Albiol Guzmán (GUE/NGL) , Ángela Vallina (GUE/NGL) , Takis Hadjigeorgiou (GUE/NGL) , Neoklis Sylikiotis (GUE/NGL) , Rina Ronja Kari (GUE/NGL) , Stelios Kouloglou (GUE/NGL) , Kostadinka Kuneva (GUE/NGL) , Estefanía Torres Martínez (GUE/NGL) , Patrick Le Hyaric (GUE/NGL) , Javier Nart (ALDE)

The European Court of Justice decided on Case C-104/16 that the Association and Liberalisation Agreements concluded between the EU and Morocco are not applicable to Western Sahara.

Regarding the implementation of its judgments, the ECJ has repeatedly held that EU institutions are ‘required to have regard not only to the operative part of the judgment but also to the grounds which led to the judgment and constitute its essential basis, in so far as they are necessary to determine the exact meaning of what is stated in the operative part’.

Can the Commission detail the measures it has taken, and those it plans to take, in order to implement the judgment of the ECJ in relation to the bilateral and multilateral agreements concluded between the EU and Morocco that henceforth cannot apply to Western Sahara?

What measures will the Commission take to ensure that all Member States effectively implement the judgment of the Court?

Will the Commission officially notify the Moroccan government that none of the bilateral and multilateral agreements concluded between the EU and Morocco are applicable, either de jure or de facto, to the occupied Sahrawi territories, without the consent of the people of Western Sahara?