Written answers

Tuesday, 23 May 2017

Department of Foreign Affairs and Trade

Trade Data

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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361. To ask the Minister for Foreign Affairs and Trade the amount of trade with Western Sahara per annum in each of the years 2010 to 2016; if all products coming from Western Sahara since the European Court of Justice ruling of 21 December 2016 have entered Ireland under the international organisation for standardisation code for Western Sahara and not the Moroccan code; and if these products have not benefitted from the EU Morocco preferential tariff when applicable. [24114/17]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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362. To ask the Minister for Foreign Affairs and Trade if Ireland has opposed the European Commission's efforts to renegotiate a protocol with Morocco which includes Western Sahara, a territory that is outside its internationally recognised borders, in view of the European Court of Justice (ECJ) ruling of 21 December 2016 in a case (details supplied); and if Ireland inquired into the way in which the European Commission plans to get this consent of the persons of Western Sahara living in the liberated zone and in the refugee camps in order to create a new protocol, in view of the fact that the ECJ ruling requires the consent of the persons from Western Sahara for economic activities related to this territory. [24115/17]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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363. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the European Commission's efforts to renegotiate a protocol with Morocco; if his attention has been further drawn to the fact that the EU Morocco Association agreement states that the certificates required to establish the place of origin shall be issued by the customs authorities of the exporting country; if he has enquired into which customs authority will be responsible for products coming from Western Sahara; and if he has enquired into the way in which Morocco acting in its sovereign capacity can deliver certificates of origin in relation to products originating in a territory located outside of its international borders. [24116/17]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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364. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the European Commission's efforts to renegotiate a protocol with Morocco; if his attention has been further drawn to the fact that Western Sahara is closed to independent international observers and to journalists; if he has inquired into the way in which the Commission will monitor the implementation of a revised agreement; if the European Commission is planning on relying on information provided by the Moroccan government; and his views on whether such information provided by the Moroccan government in this case can be trusted. [24117/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 361 to 364, inclusive, together.

Trade figures are available from the Central Statistics Office. I am not aware that separate statistics are kept for the Western Sahara. Trade statistics normally relate to where goods are imported from, not necessarily to ultimate point of origin. Furthermore, it is likely that the volume and value of goods from Western Sahara imported to Ireland would be tiny.

Rules for entry of products are set at EU level. Trade policy is a matter for the Department of Jobs, Enterprise and Innovation, and monitoring of rules for entry is a matter largely for that Department and the Customs Service.

Ireland considers Western Sahara to be a non-self-governing territory, which is currently largely occupied and administered by Morocco. While Ireland supports the right to self-determination of the people of the territory, it does not have a view on the outcome of that decision – be it independence, integration, autonomy, or some other solution – so long as it is decided in a genuine exercise of self-determination.

The judgment of the Court of Justice of the European Union of 21 December 2016 upheld the validity of the EU’s Association Agreement with Morocco, but stipulated that it does not apply to the territory 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 is first 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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