International status of Western Sahara under international and EC law

3.2.2017

Question for written answer E-000814-17
to the Commission
Rule 130
Florent Marcellesi (Verts/ALE) , Jordi Solé (Verts/ALE) , Alyn Smith (Verts/ALE) , Bodil Valero (Verts/ALE) , Max Andersson (Verts/ALE) , Klaus Buchner (Verts/ALE) , Fabio Massimo Castaldo (EFDD) , Sirpa Pietikäinen (PPE) , 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) , Ángela Vallina (GUE/NGL) , Takis Hadjigeorgiou (GUE/NGL) , Rina Ronja Kari (GUE/NGL) , Stelios Kouloglou (GUE/NGL) , Lola Sánchez Caldentey (GUE/NGL) , Estefanía Torres Martínez (GUE/NGL) , Patrick Le Hyaric (GUE/NGL) , Ivo Vajgl (ALDE)

The European Court of Justice ruled on Case C-104/16 that Western Sahara was not part of the sovereign territory of Morocco and that the EU-Morocco Association and Liberalisation Agreements could not apply to Western Sahara without the consent of the people of Western Sahara. This judgment was based on the principles of self-determination and of the relative effect of treaties.

Can the Commission confirm its agreement with the finding of the Court that Western Sahara has a ‘separate and distinct status’ […] by virtue of the principle of self-determination, in relation to that of any State, including the Kingdom of Morocco, so that Western Sahara is not part of the Moroccan territory under international law?

Does the Commission agree with the findings of the ECJ (paragraphs 35 and 105) that, according to UN General Assembly Resolution 34/37, Morocco is occupying Western Sahara according to international humanitarian law?

Can the Commission acknowledge that the EU recognises the international borders between Western Sahara and Morocco, that derive from several treaties concluded between Spain and France in the beginning of the 20th century, and that were reiterated between Morocco and the POLISARIO Front in the Lisbon agreement in 1997?