John Gormley (Dublin South East, Green Party)
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Question 278: To ask the Minister for Foreign Affairs the status of the EU-Morocco Fisheries Partnership Agreement; and the efforts which Ireland has made to exclude the waters of the Western Sahara from the provisions of this agreement, in view of the fact that the Moroccan occupation of Western Sahara has been found to be illegal by the International Court of Justice. [23587/06]

Dermot Ahern (Louth, Fianna Fail)
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The EU-Morocco Fisheries Partnership Agreement was adopted by the Agriculture and Fisheries Council on 22 May 2006. When Morocco has completed its ratification procedures, the Agreement will come into force following an exchange of notifications by both sides.

The Agreement states that it applies to the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco. As the Deputy will be aware, Morocco regards the Western Sahara and its waters as a part of its territory. However, Ireland and our EU partners do not recognise Moroccan sovereignty over the Western Sahara. The Government strongly supports the right to self-determination of the people of the territory.

The European Commission is responsible for the negotiation of such agreements with third countries. They are adopted by the Council by Qualified Majority Vote. In 2005, the Council approved the Commission's mandate for the negotiations with Morocco. At that time, Ireland raised concerns about possible implications for the overall issue of the status of the Western Sahara and regarding the exploitation of the resources of the Saharawi people. The Commission undertook to ensure that the Agreement would not compromise the issue of status, and would reflect exactly the terms in relation to territorial extent contained in previous Fisheries Agreements between the EU and Morocco.

During consideration by the Council of the draft Agreement negotiated by the Commission, Ireland again focused on these issues. The Government proposed that, in order to clarify the situation beyond question, the EU might adopt a Declaration which would accompany the Agreement. However, it emerged that there was a qualified majority of Member States in favour of approving the Agreement without an EU Declaration.

At the Agriculture and Fisheries Council on 22 May, Ireland agreed to the adoption of the Fisheries Partnership Agreement, which is regarded as very important by the European fishing industry, and made a National Statement in relation to the Western Sahara. The full text of the Statement is as follows:

Ireland supports the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco on the basis that it does not prejudice the long-standing position of the EU on the status of the Western Sahara. The EU continues to support the efforts of the UN Secretary General to encourage a negotiated solution which will allow the people of the Western Sahara to exercise their right to self-determination. Ireland emphasises the importance of the future dialogue within the EU-Morocco Joint Committee foreseen under this agreement. It is essential that the Joint Committee make use of all instruments under the Agreement to ensure that the Agreement is implemented to the benefit of all the people concerned and in accordance with the principles of international law.