Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Ireland has taken careful note of the decision of the Court of Justice of 21 December 2016, in which it set aside the decision of the General Court to annul the EU-Morocco agricultural deal. The judgment upheld the validity of the EU association agreement with Morocco, but stipulated that it does not apply to the territory of Western Sahara. Ireland has a long-standing position in support of the right to self-determination of the people of Western Sahara.

As a matter of practicality, almost all goods from Western Sahara are likely to be exported to, or via, Morocco. It would not be in the interests of the farmers, fishermen and other producers of Western Sahara wishing to sell their goods abroad if they were to be prevented from doing so due to the territory’s disputed status. However, the court has made clear that in order for the association agreement and related protocols to apply to Western Sahara, the consent of the people of Western Sahara will first be required.

Thepossible renegotiation of the association agreement, or modification of its protocols to provide for treatment of goods coming from Western Sahara, is currently under discussion at EU level. Given the circumstances, this is obviously a complex issue which will involve finding a way of reconciling practicalissues such as certifying the origin of goods and the monitoring of implementation, with matters of principle relating to the consent of the people of Western Sahara. Any agreement entered into by the EU will have to be consistent with EU law, including the court’s judgment of 21 December 2016.

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