RECOMMENDATION on the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
18.12.2018 - (10593/2018 – C8-0463/2018– 2018/0256(NLE)) - ***
Committee on International Trade
Rapporteur: Marietje Schaake
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
(10593/2018 – C8-0463/2018– 2018/0256(NLE))
(Consent)
The European Parliament,
– having regard to the draft Council decision (10593/2018),
– having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(i), of the Treaty on the Functioning of the European Union (C8-0463/2018),
– having regard to its non-legislative resolution of ...[1] on the proposal for a decision,
– having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,
– having regard to the recommendation of the Committee on International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Agriculture and Rural Development (A8-0471/2018),
1. Gives its consent to conclusion of the agreement;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Morocco.
- [1] Texts adopted of that date, P8_TA(0000)0000.
OPINION of the Committee on Foreign Affairs (21.11.2018)
for the Committee on International Trade
on the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
(10593/2018 – C8-0463/2018 – 2018/0256(NLE))
Rapporteur for opinion: Anders Primdahl Vistisen
SHORT JUSTIFICATION
This agreement - amending Protocols 1 and 4 to the Euro-Mediterranean Agreement - aims to provide guarantees on the respect of international law, including human rights, and the sustainable development in the territories concerned.
It is important to underline that this agreement does not imply the recognition of Morocco’s sovereignty over Western Sahara. The EU position remains to support UN efforts to secure a fair, lasting and mutually acceptable settlement to the Western Sahara conflict, on the basis of the right to self-determination of the Sahrawi people and in accordance with the relevant UN resolutions.
As mentioned in the opinion to the accompanying resolution, the rapporteur acknowledges the efforts of the Commission and of the EEAS in trying, within the remits of their respective competences, to evaluate the benefit for the population and to ascertain their consent to this agreement. He also valued the outcome of the inclusive consultations led by the Commission and the EEAS with a wide variety of Western Saharan local representatives, civil society and other organisations and bodies, through which broad support was expressed for the socio-economic benefits the proposed tariff preference would bring.
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The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to recommend that Parliament give its consent to the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part |
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References |
10593/2018 – C8-0463/2018 – COM(2018)0481 – 2018/0256(NLE) |
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Committee responsible
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INTA
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Opinion by Date announced in plenary |
AFET 12.11.2018 |
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Rapporteur Date appointed |
Anders Primdahl Vistisen 5.9.2018 |
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Members present for the final vote |
Michèle Alliot-Marie, Nikos Androulakis, Petras Auštrevičius, Bas Belder, Victor Boştinaru, Elmar Brok, Klaus Buchner, James Carver, Lorenzo Cesa, Georgios Epitideios, Eugen Freund, Michael Gahler, Iveta Grigule-Pēterse, Sandra Kalniete, Tunne Kelam, Wajid Khan, Andrey Kovatchev, Eduard Kukan, Arne Lietz, Barbara Lochbihler, Sabine Lösing, Andrejs Mamikins, David McAllister, Francisco José Millán Mon, Javier Nart, Pier Antonio Panzeri, Demetris Papadakis, Ioan Mircea Paşcu, Alojz Peterle, Tonino Picula, Kati Piri, Julia Pitera, Cristian Dan Preda, Jozo Radoš, Michel Reimon, Sofia Sakorafa, Jean-Luc Schaffhauser, Anders Sellström, Alyn Smith, Jordi Solé, Dobromir Sośnierz, Jaromír Štětina, Dubravka Šuica, Charles Tannock, László Tőkés, Miguel Urbán Crespo, Ivo Vajgl, Anders Primdahl Vistisen |
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Substitutes present for the final vote |
Doru-Claudian Frunzulică, Ana Gomes, Takis Hadjigeorgiou, Marek Jurek, Patricia Lalonde, Antonio López-Istúriz White, David Martin, Gilles Pargneaux, José Ignacio Salafranca Sánchez-Neyra, Marietje Schaake, Eleni Theocharous, Bodil Valero, Mirja Vehkaperä, Željana Zovko |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
44 |
+ |
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ALDE |
Petras Auštrevičius, Iveta Grigule-Pēterse, Patricia Lalonde, Javier Nart, Jozo Radoš, Marietje Schaake, Mirja Vehkaperä |
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ECR |
Bas Belder, Charles Tannock, Anders Primdahl Vistisen |
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ENF |
Jean-Luc Schaffhauser |
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PPE |
Michèle Alliot-Marie, Elmar Brok, Lorenzo Cesa, Michael Gahler, Sandra Kalniete, Tunne Kelam, Andrey Kovatchev, Eduard Kukan, Antonio López-Istúriz White, David McAllister, Francisco José Millán Mon, Alojz Peterle, Julia Pitera, Cristian Dan Preda, José Ignacio Salafranca Sánchez-Neyra, Anders Sellström, Jaromír Štětina, Dubravka Šuica, László Tőkés, Željana Zovko |
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S&D |
Nikos Androulakis, Victor Boştinaru, Doru-Claudian Frunzulică, Wajid Khan, Arne Lietz, Andrejs Mamikins, David Martin, Pier Antonio Panzeri, Demetris Papadakis, Gilles Pargneaux, Ioan Mircea Paşcu, Tonino Picula, Kati Piri |
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17 |
- |
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ALDE |
Ivo Vajgl |
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ECR |
Marek Jurek, Eleni Theocharous |
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GUE/NGL |
Takis Hadjigeorgiou, Sabine Lösing, Sofia Sakorafa, Miguel Urbán Crespo |
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NI |
Georgios Epitideios, Dobromir Sośnierz |
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S&D |
Eugen Freund, Ana Gomes |
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VERTS/ALE |
Klaus Buchner, Barbara Lochbihler, Michel Reimon, Alyn Smith, Jordi Solé, Bodil Valero |
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1 |
0 |
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NI |
James Carver |
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Key to symbols:
+ : in favour
- : against
0 : abstention
OPINION of the Committee on Agriculture and Rural Development (29.11.2018)
for the Committee on International Trade
on the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
(10593/2018 – C8-0463/2018 – 2018/0256(NLE))
Rapporteur for opinion: Michel Dantin
SHORT JUSTIFICATION
The EU and Morocco concluded a Euro-Mediterranean Association Agreement in 2000. In 2012 liberalisation measures on agricultural products, processed agricultural products, fish, and fishery products were incorporated into the Association Agreement by an agreement in the form of an exchange of letters.
Following an action for annulment of the latter agreement brought by the Polisario Front on the grounds that the agreement was contrary to international law to the extent that it applied to Western Sahara, the Court of Justice handed down a judgment on 21 December 2016 (on appeal) to the effect that the agreement must be interpreted as not applying to Western Sahara. The Court did not rule out the possibility that Western Sahara might be covered, but, after referring to the relative effect of treaties, a general principle of international law, in connection with the question whether an agreement of that particular type was likely to benefit the people of Western Sahara, it specified that implementation of the agreement on a broader basis would, in any event, require the people to give their explicit consent.
The negotiations that followed in the wake of that judgment, conducted between the Commission and Morocco on the basis of a mandate adopted by the Council at the end of May 2017, were intended essentially to adjust the Association agreement and to restore a legal basis for preferential trade between the EU, on the one hand, and Morocco and Western Sahara, on the other, while causing the least possible disruption to the trade concerned. The agreement in the form of an exchange of letters, which it has been proposed to the Council to conclude and to which Parliament is being called upon to give its consent, amends Protocols 4 and 1 to the EU-Morocco Association Agreement by providing that the trade preferences granted by the EU to the (Moroccan) products covered by the Association Agreement will be accorded in the same way to products from Western Sahara. The agreement, moreover, sets out ways to gauge the benefits of the preferences for the people affected, along with consultation arrangements.
The rapporteur for the opinion of the Committee on Agriculture and Rural Development obviously does not wish to venture into political assessment of the agreement (for that is a matter for other committees). He believes that the agreement should be approved by Parliament, since this would provide a stable and unassailable framework for trade with a major partner of the EU. However, in putting forward his own view concerning non-legislative resolution being drawn up by the Committee on International Trade, he feels that he should point out that certain fruit and vegetable imports from Morocco and Western Sahara (tomatoes, cucumbers, melons, etc.) are a highly sensitive issue for the European horticultural sector. He also has some reservations and questions about the way in which products imported from Western Sahara have been managed for customs purposes since the Court judgment of 21 December 2016. The Commission should keep alert to the market disruptions that might be caused by Moroccan and Western Saharan fruit and vegetable imports into the EU and never hesitate to activate the safeguard clause provided for in the agreement. Finally, it would be particularly desirable if the procedure for concluding the EU-Morocco agreement on the protection of geographical indications and designations of origin were completed as soon as possible.
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The Committee on Agriculture and Rural Development calls on the Committee on International Trade, as the Committee responsible, to recommend approval of the proposal for a Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro‑Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part |
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References |
10593/2018 – C8-0463/2018 – COM(2018)0481 – 2018/0256(NLE) |
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Committee responsible
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INTA
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Opinion by Date announced in plenary |
AGRI 12.11.2018 |
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Rapporteur Date appointed |
Michel Dantin 21.8.2018 |
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Date adopted |
12.11.2018 |
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Result of final vote |
+: –: 0: |
23 10 1 |
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Members present for the final vote |
John Stuart Agnew, Clara Eugenia Aguilera García, Eric Andrieu, José Bové, Daniel Buda, Matt Carthy, Jacques Colombier, Michel Dantin, Paolo De Castro, Albert Deß, Diane Dodds, Norbert Erdős, Luke Ming Flanagan, Karine Gloanec Maurin, Martin Häusling, Peter Jahr, Jarosław Kalinowski, Zbigniew Kuźmiuk, Norbert Lins, Philippe Loiseau, Giulia Moi, Ulrike Müller, Maria Noichl, Marijana Petir, Maria Lidia Senra Rodríguez, Czesław Adam Siekierski, Tibor Szanyi, Maria Gabriela Zoană, Marco Zullo |
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Substitutes present for the final vote |
Franc Bogovič, Angélique Delahaye, Anthea McIntyre, Momchil Nekov, Hilde Vautmans, Miguel Viegas, Thomas Waitz |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
23 |
+ |
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ALDE |
Ulrike Müller, Hilde Vautmans |
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ECR |
Zbigniew Kuzmiuk, Anthea McIntyre |
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EFDD |
Marco Zullo |
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ENF |
Jacques Colombier, Philippe Loiseau |
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NI |
Diane Dodds |
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PPE |
Franc Bogovič, Daniel Buda, Michel Dantin, Angélique Delahaye, Albert Deß, Norbert Erdős, Peter Jahr, Norbert Lins, Marijana Petir, Czesław Adam Siekierski |
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S&D |
Clara Eugenia Aguilera García, Paolo De Castro, Karine Gloanec Maurin, Tibor Szanyi, Maria Gabriela Zoană |
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10 |
- |
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EFDD |
John Stuart Agnew |
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GUE/NGL |
Matt Carthy, Luke Ming Flanagan, Maria Lidia Senra Rodríguez, Miguel Viegas |
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S&D |
Eric Andrieu, Maria Noichl |
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VERTS/ALE |
José Bové, Martin Häusling, Thomas Waitz |
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1 |
0 |
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EFDD |
Giulia Moi |
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Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part |
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References |
10593/2018 – C8-0463/2018 – COM(2018)0481 – 2018/0256(NLE) |
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Date of consultation / request for consent |
26.10.2018 |
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Committee responsible Date announced in plenary |
INTA 12.11.2018 |
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Committees asked for opinions Date announced in plenary |
AFET 12.11.2018 |
AGRI 12.11.2018 |
PECH 12.11.2018 |
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Not delivering opinions Date of decision |
PECH 24.9.2018 |
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Rapporteurs Date appointed |
Marietje Schaake 10.12.2018 |
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Previous rapporteurs |
Patricia Lalonde |
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Discussed in committee |
29.8.2018 |
5.11.2018 |
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Date adopted |
10.12.2018 |
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Result of final vote |
+: –: 0: |
25 9 2 |
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Members present for the final vote |
Laima Liucija Andrikienė, Maria Arena, Tiziana Beghin, David Borrelli, Daniel Caspary, Salvatore Cicu, Karoline Graswander-Hainz, Christophe Hansen, France Jamet, Elsi Katainen, Jude Kirton-Darling, Bernd Lange, Anne-Marie Mineur, Sorin Moisă, Alessia Maria Mosca, Franck Proust, Godelieve Quisthoudt-Rowohl, Inmaculada Rodríguez-Piñero Fernández, Tokia Saïfi, Marietje Schaake, Helmut Scholz, Joachim Schuster, Joachim Starbatty, Adam Szejnfeld, Iuliu Winkler |
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Substitutes present for the final vote |
Sajjad Karim, Gabriel Mato, Georg Mayer, Ralph Packet, Johannes Cornelis van Baalen, Jarosław Wałęsa |
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Substitutes under Rule 200(2) present for the final vote |
Paloma López Bermejo, Javier Nart, Anders Sellström, Miguel Urbán Crespo, Marco Zullo |
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Date tabled |
18.12.2018 |
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
25 |
+ |
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ALDE |
Johannes Cornelis van Baalen, Elsi Katainen, Javier Nart, Marietje Schaake |
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ECR |
Sajjad Karim, Joachim Starbatty |
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EFDD |
Tiziana Beghin, Marco Zullo |
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ENF |
Georg Mayer |
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PPE |
Laima Liucija Andrikienė, Daniel Caspary, Salvatore Cicu, Christophe Hansen, Gabriel Mato, Sorin Moisă, Franck Proust, Godelieve Quisthoudt-Rowohl, Tokia Saïfi, Anders Sellström, Adam Szejnfeld, Jarosław Wałęsa, Iuliu Winkler |
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S&D |
Bernd Lange, Alessia Maria Mosca, Inmaculada Rodríguez-Piñero Fernández |
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9 |
- |
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ENF |
France Jamet |
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GUE/NGL |
Paloma López Bermejo, Anne-Marie Mineur, Helmut Scholz, Miguel Urbán Crespo |
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S&D |
Maria Arena, Karoline Graswander-Hainz, Jude Kirton-Darling, Joachim Schuster |
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2 |
0 |
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ECR |
Ralph Packet |
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NI |
David Borrelli |
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Key to symbols:
+ : in favour
- : against
0 : abstention