Brian O'Shea (Waterford, Labour)
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Question 194: To ask the Minister for Foreign Affairs the position in relation to the Commission of the European Union's undertaking that the EU-Morocco Fisheries Partnership Agreement, adopted by the Agricultural and Fisheries Council on 22 May 2006, would not affect the overall issue of the status of the Western Sahara regarding the exploitation of the resources of the Saharawi people; his views on whether fishing and exploitation activity in the waters of an occupied territory is fundamentally illegal; and if he will raise this matter at the General Council of the European Union. [4496/07]

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 considers the Western Sahara and its waters to be an integral part of its territory. However, Ireland and our EU partners do not recognise Moroccan sovereignty over the Western Sahara. The Government has consistently and strongly supported 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 Fisheries Agreement would not prejudice 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 and the Government proposed that 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 2006, Ireland agreed to the adoption of the Fisheries Partnership Agreement but made a National Declaration 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".

Under international law, the economic resources of a non-self governing territory may only be exploited on condition that the benefits should flow to the people of the territory. This is the principle which the Government has upheld in the position it has taken on the renewal of the EU-Morocco Fisheries Partnership Agreement.