Seán Crowe (Dublin South West, Sinn Fein)
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696. To ask the Minister for Agriculture, Food and the Marine if his attention has been drawn to a recent judgment by the European Court of Justice (details supplied) concerning fishing off Western Sahara; if his attention has been further drawn to any Irish vessels doing this; and if his Department has provided advice to Irish companies in this regard and to respect the Court's judgment. [10147/17]

Michael Creed (Cork North West, Fine Gael)
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The current Fisheries Partnership Agreement between the EU & Morocco entered into force on 28 February 2007 for a period of 4 years and has been renewed twice since that date.  The current protocol to this Agreement was adopted by the Agriculture and Fisheries Council on 16 December 2013 and entered into force on 15 July 2014 following the completion of internal ratification procedures by Morocco.  When the EU-Morocco FPA was adopted by the Agriculture Council in May 2006, Ireland supported the proposal but issued a statement stating that this support was on the basis that it did not prejudice the longstanding position of the EU on the status of the Western Sahara.

The FPA with Morocco is considered one of the EU’s most important bilateral fisheries agreements.  Under the protocol, the EU provides a financial contribution to the Moroccan authorities each year in exchange for fishing opportunities for Community fishermen in Moroccan waters.

When the process of negotiation began on the current protocol, Ireland sought that any agreement should be more transparent and should include clear and specific reporting on the benefits of the Agreement to the Western Sahara. Specifically, in 2013 Ireland joined with other Member States in a statement emphasizing the importance of having regard to human rights and self determination in terms of the implementation of the agreement

Ireland 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. Previously, the advice of the Council’s Legal Service has been that the FPA with Morocco did not entail a de jure recognition of Morocco’s legal rights in respect of the area. Therefore there was no conflict between Ireland’s position on the Western Sahara and its support for the agreement.

Eleven Member States, including Ireland, are allocated fishing opportunities under this agreement.  Ireland receives a quota of 2,500 tonnes each year in the FPA’s industrial pelagic category. All applications to fish under this FPA are submitted to the European Commission via my Department.  No Irish fishing vessel has sought to avail of these fishing opportunities or operate in Moroccan waters under this FPA since 2007, 10 years ago.

This FPA is continuously monitored by the European Commission, the European Parliament and the European Council.  As part of the agreement, Morocco must provide regular, detailed reports on the use of the financial contribution for the fisheries sector, including the economic and social benefits on a geographical basis.  There is also a mechanism for the possible suspension of the agreement, including in the event of violations of human rights and democratic principles.

My Department is aware of the judgement by the Court of Justice of the European Union dated 21 December 2016.  The Department is not aware of any statement from the European Commission or the Council to date regarding the Court judgment or any indication of any plans to introduce amendments to the existing fisheries protocol in place between the European Union and Morocco.  My Department will continue to monitor this issue closely.