Sinéad Gibney (Dublin Rathdown, Social Democrats)
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129. To ask the Minister for Foreign Affairs and Trade to outline Ireland's position on the EU-Morocco Trade Agreement currently in provisional application, particularly in respect to the inclusion of goods originating from Moroccan settlements in Western Sahara, and the lack of engagement with the Sahrawi people in the drafting of the agreement; and if he will make a statement on the matter. [57128/25]

Donnchadh Ó Laoghaire (Cork South-Central, Sinn Fein)
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146. To ask the Minister for Foreign Affairs and Trade for an update on his Department’s engagements in relation to the EU-Morocco trade deal; the Government’s position on this trade deal; and if he will make a statement on the matter. [57182/25]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 129 and 146 together.

On 4 October 2024, the Court of Justice of the European Union (CJEU) upheld the ruling of the General Court of 29 September 2021 annulling the Council Decision on the conclusion of the 2018 Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco. This decision required a negotiation of a new agreement between the EU and Morocco. The Court set a deadline of 4 October 2025, in that it maintained the effects of the existing Council Decision until that date.

In July 2025, the Commission submitted to the Council a Recommendation for a Council Decision concerning the opening of negotiations on the amendment of the 2018 Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco. The negotiations on the replacement agreement commenced in September with a view to meeting the deadline of 4 October 2025.

On 10 September 2025, the Council adopted via a written procedure a Decision authorising the opening of negotiations with the Kingdom of Morocco on the amendment of the Agreement, with the results of the negotiation between the European Commission and Morocco reflected in several documents shared with Member States on 22 September via the Customs Union Group.

The Commission presented the proposal at the Mashreq/Maghreb Working Party on 25 September. Having been initiated by COREPER I on 1 October, Member States were asked to finally vote via written procedure on the adoption of the Decision on 2 October. The EU and Morocco signed the amended EU-Morocco Agreement on 3 October and its provisional application began.

The process to conclude the Council Decision concerning the opening of negotiations on the amendment of the 2018 Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco is nearing its conclusion.

On 2 October, Ireland voted in favour of the Council Decision via written procedure, indicating that Ireland would not stand in the way of EU consensus and in order to ensure that the EU complied with its legal obligations. However Ireland also registered procedural and substantive concerns about the Commission’s handling of this process. Ireland's substantive concerns relate to the issue of consent of the Sahrawi people, and the practical application of the control mechanism. The late submission of the documents by the Commission so close to the 4 October deadline left Member States in a very difficult position. Ireland made clear that we expect to receive regular updates from the Commission on key issues as the agreement is implemented.

Ireland also reiterated our view that the compatibility of the agreement with the fundamental principle in international law of the right of peoples to self-determination should be paramount in the implementation of this agreement.

Ireland’s long-standing position on Western Sahara is one of full support for the UN-led process, including the MINURSO Mission, and the efforts of Personal Envoy of the UN Secretary-General for Western Sahara, Staffan de Mistura, to achieve a political solution to this long-standing dispute. It is our hope that these efforts will help achieve a just, lasting and mutually acceptable political solution which will provide for the self-determination of the people of Western Sahara.

My officials, at HQ and in our Mission network, discuss the dispute as part of our ongoing political engagement with the involved regional actors, including the Polisario Front.