EU funding to Moroccan projects in Western Sahara under the EU-Morocco Fisheries Agreement

3.2.2017

Question for written answer E-000811-17
to the Commission
Rule 130
Linnéa Engström (Verts/ALE) , Maria Heubuch (Verts/ALE) , Bodil Valero (Verts/ALE) , Max Andersson (Verts/ALE) , Klaus Buchner (Verts/ALE) , Paloma López Bermejo (GUE/NGL) , João Ferreira (GUE/NGL) , Takis Hadjigeorgiou (GUE/NGL) , Rina Ronja Kari (GUE/NGL) , Stelios Kouloglou (GUE/NGL) , Kostadinka Kuneva (GUE/NGL) , Lola Sánchez Caldentey (GUE/NGL) , Patrick Le Hyaric (GUE/NGL)

The European Court of Justice ruled in Case C-104/16 that Western Sahara is not part of the sovereign territory of Morocco and that, following 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.

It would appear from two reports of October 2015 and July 2016 on the implementation of the EU-Morocco Fisheries Partnership Agreement that most projects receiving EU funding under this agreement are located in the Sahrawi territories occupied by Morocco. These funding decisions are taken by the Joint Committee, in which the Commission takes part alongside Morocco.

Given the judgment of the ECJ in Case C-104/16, can the Commission clarify the legal basis, under international or EC law, for the EU being able to provide funding to Moroccan projects in the occupied Sahrawi territories?

Did the people of Western Sahara consent to such foreign investments in their territory?

Does the Commission consider that this agreement is implemented in a manner that is compatible with the principles of self-determination and of the relative effect of treaties or the obligations of the EU under international humanitarian law?

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

• [1] Question supported by Miguel Viegas (GUE/NGL), João Pimenta Lopes (GUE/NGL)