2018/0349M(NLE) EU/Morocco Sustainable Fisheries Partnership Agreement and Implementation Protocol
Lead committee dossier:
Progress: Procedure lapsed or withdrawn
Role | Committee | Rapporteur | Shadows |
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BUDG | |||
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PECH | CADEC Alain ( ) |
Lead committee dossier:
Legal Basis:
RoP 105-p2
Legal Basis:
RoP 105-p2Events
2019/01/23
EP - Vote in committee
2018/11/15
EP - Committee referral announced in Parliament
2018/11/08
EP - Committee draft report
Documents
2018/08/29
EP -
Amendments | Dossier |
86 |
2018/0349M(NLE)
2018/12/04
PECH
86 amendments...
Amendment 1 #
Motion for a resolution Citation 12 a (new) - having regard to the Rome Statute of the International Criminal Court, and in particular its article 8.2 that defines "the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" as a war crime;
Amendment 10 #
Motion for a resolution Recital F F. whereas, in paragraph 69 of the judgment in case C-266/16, the Court held that the waters
Amendment 11 #
Motion for a resolution Recital G Amendment 12 #
Motion for a resolution Recital G a (new) Ga. whereas Western Sahara is currently a Non-Self-Governing Territory under the foreign military occupation of Morocco, divided by a military wall of more than 2,700 kilometres and that access to the natural resources of Western Sahara is one of the keys of the conflict and its exploitation without consent of the Saharawi people supposes a violation of Article 73 of the Charter of the United Nations;
Amendment 13 #
Motion for a resolution Recital H H. whereas the Court also held that, under the principle of the relative effect of treaties, a treaty may not apply to a territory without the consent of the peop
Amendment 14 #
Motion for a resolution Recital H H. whereas the Court also held that, under the principle of the relative effect of
Amendment 15 #
Motion for a resolution Recital I Amendment 16 #
Motion for a resolution Recital I Amendment 17 #
Motion for a resolution Recital I a (new) Ia. Whereas 83.7% of the catches obtained in the waters occupied by Morocco come from the area of Dakhla, in the Saharawi fishing ground, being Saharawi less than 5% of the workers in the sector and none work in the port, but precarious workforce, and that in the area 3188 Moroccan boats operate in front of 312 Saharawi;
Amendment 18 #
Motion for a resolution Recital I a (new) Ia. whereas the Court recalled that United Nations recognizes the Polisario Front as the representative of the people of Western Sahara, in accordance with Resolution 34/37 - 1979 of the General Assembly of the United Nations;
Amendment 19 #
Motion for a resolution Recital J Amendment 2 #
Motion for a resolution Recital A a (new) Aa. whereas, in total, trade between the Kingdom of Morocco and the European Union amounted to more than EUR 37 billion in 2017 and the trade balance was clearly tipped in the EU’s favour, with EUR 22 billion of exports, compared with EUR 15 billion of imports;
Amendment 20 #
Motion for a resolution Recital J J. whereas the Cou
Amendment 21 #
Motion for a resolution Recital J a (new) Ja. whereas the external evaluation of the previous FPA estimated that 92% of the catches took place in Western Sahara;
Amendment 22 #
Motion for a resolution Recital L Amendment 23 #
Motion for a resolution Recital L L. whereas
Amendment 24 #
Motion for a resolution Recital L a (new) La. whereas the SFPA has contributed, in particular, to the development of fisheries processing in the Western Sahara;
Amendment 25 #
Motion for a resolution Recital M Amendment 26 #
Motion for a resolution Recital M M. whereas the SFPA establishes
Amendment 27 #
Motion for a resolution Recital M a (new) Ma. Whereas it is estimated that 92% of the catches made by European fleets under the EU-Morocco Fisheries Agreement take place precisely in the waters of Western Sahara;
Amendment 28 #
Motion for a resolution Recital M b (new) Mb. whereas under the EU-Morocco Agreement, the fleet of European Union countries has captured 324584 tonnes of fish in four years worth more than 300 million euros;
Amendment 29 #
Motion for a resolution Recital M c (new) Mc. considering, taking into account the judgment of the CJEU of 27 February 2018, EU has committed a fraud of 95.8 million euros to the EU budget, since the EU-Morocco Fisheries Agreement is no applicable to the waters of Western Sahara and the European Union has paid 58.8 million euros of access to fishery resources based on this Agreement, and 37 million for sectoral support:
Amendment 3 #
Motion for a resolution Recital B B. whereas the new Sustainable Fisheries Partnership Agreement (hereinafter SFPA) establishes the fishing opportunities for 164 EU vessels, which are to catch only the allowable catch surplus referred to in Article 62(2) and (3) of the United Nations Convention on the Law of the Sea, as identified
Amendment 30 #
Motion for a resolution Recital M d (new) Md. whereas, due to the illegal application of the EU-Morocco Fisheries Agreement to Western Sahara, the Saharawi people have stopped receiving 58.8 million access to fishery resources, 34 million in canon, 300 million in value of catches and 37million in sectoral support, the economic damage caused reaches 430 million euros;
Amendment 31 #
Motion for a resolution Recital M e (new) Me. whereas the people of Western Sahara have not given their consent to this agreement, an indispensable requirement for it to be applied in Western Sahara as established in the judgment of the CJEU, a consent that must be expressed through its legitimate representative, the Polisario Front, in application of Resolution34/37 of the General Assembly of the United Nations:
Amendment 32 #
Motion for a resolution Paragraph -1 (new) -1. Recalls that the EU and its Member States do not recognise Moroccan sovereignty over the territorial waters of Western Sahara; notes that the Court of Justice of the European Union has affirmed the separate and distinct status of the territory of Western Sahara, including its waters, in relation to any State, including the Kingdom of Morocco;
Amendment 33 #
Motion for a resolution Paragraph -1 a (new) -1a. Insists on the importance that this agreement does not imply any recognition of Morocco’s sovereignty over the territorial waters of Western Sahara;
Amendment 34 #
Motion for a resolution Paragraph 1 Amendment 35 #
Motion for a resolution Paragraph 1 1. Takes note of the
Amendment 36 #
Motion for a resolution Paragraph 1 1. Takes note of the two conditions set in the Court’s judgment, to explicitly mention Western Sahara in the Agreement text and to obtain the consent of the people and their legal representatives, and of the third criterion added by the Council, which is the need to ensure that the Agreement benefits the local population;
Amendment 37 #
Motion for a resolution Paragraph 1 1. Takes note of the two conditions set in the Court’s judgment, to explicitly mention Western Sahara in the Agreement text and to obtain the consent of the people, and of the third criterion added by the Council, which is the need to ensure that the Agreement benefits the local population; emphasises that a pre- condition for the Parliament to give its consent to the agreement is that all these conditions are clearly fullfilled and that there is no legal uncertainty in that regard;
Amendment 38 #
Motion for a resolution Paragraph 1 a (new) 1a. Recalls that the Commission did "not challenge the capacity as representative of the Saharawi people enjoyed by the Front Polisario which was recognised by the UN General Assembly" during the legal proceedings in front of the Court of Justice of the EU (T-512/12); notes that the Front Polisario, as the recognized representative of the people of Western Sahara, did not express its consent to the SFPA;
Amendment 39 #
Motion for a resolution Paragraph 1 a (new) 1a. Underlines the need for legal certainty for EU fishermen operating in the waters adjacent to Western Sahara; expresses its great concern about the implications of accepting an agreement that risks being rejected by the Court;
Amendment 4 #
Motion for a resolution Recital B a (new) Ba. whereas the external, ex-post evaluation of the 2014-2018 FPA was based primarily on Moroccan sources; whereas its authors visited Morocco but not Western Sahara during the drafting of the evaluation; whereas only one NGO active in the fisheries or maritime sector contributed to the evaluation while all the other consulted stakeholders were EU- based or Moroccan professional associations or EU Member States representatives;
Amendment 40 #
Motion for a resolution Paragraph 1 a (new) 1a. Urges the European Commission to enter into negotiations with the Polisario Front whenever it wishes that an agreement could be applicable to Western Sahara;
Amendment 41 #
Motion for a resolution Paragraph 1 b (new) 1b. Reiterates the illegality of this new agreement between the Union and Morocco by including fishing exploitation from Western Sahara and highlights the doubts that some Member States, social organizations, the Polisario Front or the European Parliament's Legal Service have expressed in regarding its possible legal and political repercussions on the question of the exercise of the right to self-determination of Western Sahara;
Amendment 42 #
Motion for a resolution Paragraph 1 c (new) 1c. Stresses the consent of the legitimate representative of the Saharawi people, the Polisario Front, has not been obtained, since the talks have been limited to a "consultation" related to trade in Western Sahara without there having been a real process of consent;
Amendment 43 #
Motion for a resolution Paragraph 2 2. Notes that Article 1h of the new Partnership Agreement, which it has been proposed that the Council conclude, explicitly provides that the fishing zone shall include the waters
Amendment 44 #
Motion for a resolution Paragraph 2 a (new) 2a. Deplores the fact that the former EU-Morocco Fisheries Agreement had been applied illegally to the waters of Western Sahara and consequently that over 90% of the catches under this Agreement originated in the latter and that very substantial amounts of EU funding were allocated to the government of Morocco without a legal basis; calls on the Commission to establish the exact amount of EU funds illegally granted to the government of Morocco and to ensure its reimbursement to the EU budget; warns that the European Anti-Fraud Office (OLAF) should assess this situation in the absence of corrective action on the part of the Commission;
Amendment 45 #
Motion for a resolution Paragraph 3 Amendment 46 #
Motion for a resolution Paragraph 3 Amendment 47 #
Motion for a resolution Paragraph 3 3.
Amendment 48 #
Motion for a resolution Paragraph 3 3.
Amendment 49 #
Motion for a resolution Paragraph 3 a (new) 3a. Deplores that the Commission and the EEAS did not travel to the part of Western Sahara that is under the control of the Front Polisario, nor to the Saharawi refugee camps in Tinduf, Algeria, when negotiating this agreement;
Amendment 5 #
Motion for a resolution Recital C C. whereas the SFPA provides for access to the fishing zones within the scope of the Agreement in exchange for financial contributions (compensation for access, sectoral support and fees payable by ship- owners) which serve to further the achievement of
Amendment 50 #
Motion for a resolution Paragraph 3 b (new) 3b. Recalls that the coastal area of Western Sahara between Guerguerat and Lagouira and the adjacent territorial waters are under the control of the Polisario Front, as well as a third of Western Sahara in the eastern and southern part of the territory; notes that this area is excluded from the application of the agreement; expects the Commission to ensure that any current or potential fishing sector operators in and fishery products from the part of Western Sahara outside Moroccan control will not be discriminated as a result of this agreement; considers that the partial territorial application of this agreement is without precedent in EU fisheries policy and undermines the EU's obligation to respect the fundamental principle of territorial integrity under international law;
Amendment 51 #
Motion for a resolution Paragraph 4 Amendment 52 #
Motion for a resolution Paragraph 4 4.
Amendment 53 #
Motion for a resolution Paragraph 4 4. Notes that the European External Action Service (EEAS) and the Commission made attempts to conduct
Amendment 54 #
Motion for a resolution Paragraph 4 4. Notes that the European External Action Service (EEAS) and the Commission conducted a process of consultations with the
Amendment 55 #
Motion for a resolution Paragraph 4 a (new) 4a. Notes that the Western Sahara civil society did not take part in the consultation process conducted by the European External Action Service (EEAS);
Amendment 56 #
Motion for a resolution Paragraph 5 Amendment 57 #
Motion for a resolution Paragraph 5 Amendment 58 #
Motion for a resolution Paragraph 5 5. Takes note of the Commission report on the evaluation of the benefits of the SFPA for the population of Western Sahara and notes that the Commission itself states that the notion of "population living in the territory" refers to "the Moroccan interpretation" (Staff Working Document SWD (2018) 433 final, page 11); notes that the Commission refers to statistics exclusively provided by Morocco, when estimating the current and prospective employment in the fisheries sector that will benefit from the agreement;
Amendment 59 #
Motion for a resolution Paragraph 5 5. Takes note of the Commission report on the evaluation of the benefits of
Amendment 6 #
Motion for a resolution Recital C a (new) Ca. whereas as long as there is no political solution to the problem regarding the Kingdom of Morocco and the territory of Western Sahara, the conclusion of agreements between the European Union and the Kingdom of Morocco will always be very uncertain owing to the UN’s position and, more recently, the judgment of the Court of Justice of the European Union of 27 February 2018;
Amendment 60 #
Motion for a resolution Paragraph 7 Amendment 61 #
Motion for a resolution Paragraph 7 7. Notes that the fisheries and fish processing sector is the main source of employment in the territory; notes that the Commission does not provide data concerning the share of indigenous Saharawi people employed in the fisheries sector in Western Sahara; notes that the vast majority of jobs in that sector is reportedly occupied by Moroccans who have migrated to the territory, with the assistance of the Moroccan authorities; notes that in its Staff Working Document that accompanies the SFPA, the Commission acknowledges the process of demographic change that is occurring in the territory of Western Sahara, with the substantial arrival of Moroccan settlers; notes as well that the Commission acknowledges that the Saharawi people is "traditionally more inclined to work in farming than fishing"; expresses serious concern that the Commission has inadequately addressed the demographic impact of the development of the fisheries sector in Western Sahara and of EU support thereto;
Amendment 62 #
Motion for a resolution Paragraph 7 a (new) 7a. Requests the European Commission to demand from Morocco precise information on the number of Sahrawi people benefited by the EU- Morocco Fisheries Agreement
Amendment 63 #
Motion for a resolution Paragraph 7 b (new) 7b. Underlines that in order to credibly support and fully encourage the ongoing peace process under the auspices of the Personal Envoy of the Secretary- General Horst Köhler, the EU should abstain to ratify any amended Agreement between the EU and Morocco applicable to Western Sahara as it would imply EU support for one of the two parties in the conflict and hinders the efforts of the Special Envoy of the Secretary General of the United Nations to reach a political solution; especially when the parties are expected to meet in Geneva under the auspices of the UN in December in the first direct negotiations between the Polisario Front and Morocco since 2012;
Amendment 64 #
Motion for a resolution Paragraph 8 Amendment 65 #
Motion for a resolution Paragraph 8 Amendment 66 #
Motion for a resolution Paragraph 8 8. Points out that the sectoral support provisions in the SFPA
Amendment 67 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses that complicity in a process of population transfer constitutes a war crime that is justiciable under international law, including under the Rome Statute of the International Criminal Court; notes in this regard the Commission's own admission that sectorial support illicitly provided under the former EU-Morocco Fisheries Agreement included the support to the creation of fisherfolk villages in Western Sahara, including housing; recalls that Moroccan settler fisherfolk have benefited from such infrastructure development; expects, as a pre-condition for the expression of its consent to this agreement, that the Commission provides written reassurances that sectorial support under the proposed agreement complies with the EU and Member States obligations to respect international law;
Amendment 68 #
Motion for a resolution Paragraph 8 b (new) 8b. Observes that in comparison with the earlier EU-Morocco FPA, the increase in the EU financial contribution under the SFPA does not match the increase in fishing opportunities for EU fisheries operators;
Amendment 69 #
Motion for a resolution Paragraph 9 Amendment 7 #
Motion for a resolution Recital C a (new) Ca. whereas the SFPA is between the EU and the Kingdom of Morocco and shall apply only to the territories and the waters of Morocco as internationally recognized;
Amendment 70 #
Motion for a resolution Paragraph 9 9. Highlights the inclusion in the SFPA of new provisions for
Amendment 71 #
Motion for a resolution Paragraph 9 a (new) 9a. Instructs the Commission, in that context, to involve the legal representatives of the Sahrawi people in the committee which monitors EU sectoral support; the benefits of the SFPA should be managed directly by the Sahrawi authorities and not through Morocco’s national budget;
Amendment 72 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls for the establishment of an EU-Western Sahara subcommittee on trade, fisheries and agriculture to be established, in accordance with the distinct and separate status of the territory concerned;
Amendment 73 #
Motion for a resolution Paragraph 10 Amendment 74 #
Motion for a resolution Paragraph 10 10.
Amendment 75 #
Motion for a resolution Paragraph 10 a (new) 10a. Notes that the Commission states in its Staff Working Document that accompanies the SFPA that "the EU does not have neither the competence nor the means to carry out direct monitoring in the territory of Western Sahara" (page 11) while the SPFA states that "the Commission (DG MARE, in collaboration with its fisheries attaché based in the Delegation of the EU to Rabat, Morocco) will ensure regular monitoring of the implementation of the Protocol"; expects the Commission to clarify these contradictory statements;
Amendment 76 #
Motion for a resolution Paragraph 10 b (new) 10b. Notes that in line with the non- recognition of Morocco's sovereignty over Western Sahara, the Vienna Convention on Consular Relations and recent jurisprudence of the Court of Justice of the European Union, the EU Delegation to Morocco and its accredited staff, including its fisheries attaché, may not carry out their activities outside the internationally recognised borders of Morocco; calls on the Commission to provide clarification on this matter and on the practical implications foreseen for the monitoring of the implementation of this agreement;
Amendment 77 #
Motion for a resolution Paragraph 10 c (new) 10c. Recalls that according to the jurisprudence of the Court of Justice of the EU and the non-recognition by the EU and its Member States of Morocco's sovereignty over Western Sahara, administrative bodies established under Moroccan legislation do not have a legal basis to provide veterinary and other certificates for fisheries products originated in Western Sahara that are required under the implementation of the SPFA;
Amendment 78 #
Motion for a resolution Paragraph 11 Amendment 79 #
Motion for a resolution Paragraph 11 11. Highlights, too, the provision in the SFPA for stepping up scientific cooperation and conservation and management measures to ensure the sustainability of fishing activities and the renewal of the stocks; considers that even further efforts in this regard would improve the agreement for the benefit of both fishermen and the environment;
Amendment 8 #
Motion for a resolution Recital C b (new) Cb. whereas the proposed SFPA is to cover only the part of Western Sahara controlled by Morocco and not to include the rest of the territory;
Amendment 80 #
Motion for a resolution Paragraph 12 Amendment 81 #
Motion for a resolution Paragraph 12 Amendment 82 #
Motion for a resolution Paragraph 12 12. Warns that failure to conclude the new agreement would have negative financial repercussions on the local economy and on the prospects for future development; urges the Commission to take all necessary measures to ensure a legally solid agreement;
Amendment 83 #
Motion for a resolution Paragraph 12 a (new) 12a. Notes with concern that the external ex-post evaluation of the former EU-Morocco FPA concluded that there was an "absence of visibility of the EU contribution" on its sectorial support and that the visibility plan agreed by the Commission and Morocco in September 2014 was neither defined nor implemented; requests reassurances from the Commission that visibility will be ensured in relation to sectorial support under the SPFA, in line with EU guidelines on this matter;
Amendment 84 #
Motion for a resolution Paragraph 12 a (new) 12a. Warns that inclusion of Western Sahara’s waters will have legal consequences and will be in contradiction with the CJEU judgements, the EU law and international law;
Amendment 85 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls therefore on the Committee on Fisheries, as the committee responsible, to propose that the European Parliament decline its consent;
Amendment 86 #
Motion for a resolution Paragraph 12 b (new) 12b. Warns from the legal consequences of the division policy when dealing with of Western Sahara and the people of Western Sahara;
Amendment 9 #
Motion for a resolution Recital D D. whereas the Court of Justice of the European Union (hereinafter ‘the Court’), in its judgment of 27 February 2018 in case C-266/16, held that the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco, which came into force on 28 February 2007, is not legally applicable to the waters
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