Maureen O'Sullivan (Dublin Central, Independent)
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97. To ask the Minister for Foreign Affairs and Trade the State's position on the disputed western Sahara region, particularly in view of the European Court of Justice ruling in December 2016 that EU agreements on closer ties and trade with Morocco should not apply to the disputed region. [25452/17]

Charles Flanagan (Laois, Fine Gael)
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Ireland categorises Western Sahara as a non-self-governing Territory. Ireland supports the right to self-determination of the people of Western Sahara, but 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.

Ireland has taken careful note of the decision of the Court of Justice of 21 December 2016, in which it set aside the decision of the General Court to annul the EU – Morocco Agricultural deal. 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. The Court’s ruling is consistent with Ireland’s long-standing position in support of the right to self-determination of the people of Western Sahara.

The possible 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 practical issues 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.

Clearly, any agreement entered into by the EU will have to be consistent with EU law, including the Court’s judgment of 21 December 2016.