Stephen Donnelly (Wicklow, Independent)
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Question 508: To ask the Minister for Agriculture, Food and the Marine his policy on the Fisheries Partnership Agreement between the EU and Morocco, which is currently under a one-year extension and may be renewed or extended; and if he has made any representations on this issue at the EU; and if he will make a statement on the matter. [35590/11]

Simon Coveney (Cork South Central, Fine Gael)
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When the EU-Morocco Fisheries Partnership Agreement (FPA) was adopted by the Agriculture and Fisheries Council on 22 May 2006, Ireland voted for the proposal but made the following statement, setting out its position on the issue:

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 longstanding 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.

This statement contains the essence of Ireland's policy. Ireland has been, and continues to be a firm supporter of the right to self-determination of the people of the Western Sahara, and the Government remains firmly committed to this principle. In the past, the advice of the Council's Legal Service has been that the FPA with Morocco does not entail a de jure recognition of Morocco's legal rights in respect of the area. Therefore there is not a conflict between Ireland's position on Western Sahara and its support for the agreement.

The previous protocol remained in force for four years but expired on 27 February 2011. The Commission had sought information regarding the regional socio-economic impacts of the EU's annual financial contribution, through the annual Joint Commissions at the behest of Ireland and other Member States, but was unsuccessful. The Commission accordingly did not seek a mandate from the Council to open negotiations until it received some information in December 2010 and after internal consideration proposed in February 2011 to negotiate a one year extension of the protocol while consideration could be given to the overall approach to the agreement. The Council agreed to this recommendation and on 25 February 2011 the Commission (on behalf of the EU) and Moroccan authorities initialled a 12-month extension of the current protocol, thus preventing a very substantial dislocation of fishing activity by the many EU vessels active in the area. Furthermore, a new condition is included in the extension which obliges Morocco to report before the end of the 12 months on the socio-economic impacts of the EU's financial payment and the geographical distribution of these impacts.

Given the urgency and seriousness of the situation, Ireland supported the Commission's proposal to extend the protocol for a maximum of 12 months in order to allow time for negotiations to take place between the EU and Morocco on a new protocol. Ireland voted in favour of adopting the protocol extension when it came to Council in July, but we joined Germany and Slovenia in an additional joint declaration on the issue. This joint declaration calls on the Commission to inform the Council regularly and comprehensively about the benefits the people of the Western Sahara receive from the FPA as it continues to operate under the new Protocol.

The one year extension of the Protocol was formally signed by representatives of the EU and Morocco in Brussels on 13 July 2011. However, as the European Parliament is still considering whether it will give its consent to the one year protocol extension, the formal process of concluding the extension is not yet complete. Its decision is expected in January.

The European Commission has the authority to propose the opening of negotiations for a new protocol with Morocco but it has yet to make any proposals in the matter. Any decisions on the future of this fisheries agreement will be informed by geographic distribution of the funds and the Commission's analysis of this data.