24 Amendments of Renata BRIANO related to 2018/0349M(NLE)
Amendment 7 #
Motion for a resolution
Recital C a (new)
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 8 #
Motion for a resolution
Recital C b (new)
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 9 #
Motion for a resolution
Recital D
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 adjacent to the territory of Western Sahara;
Amendment 10 #
Motion for a resolution
Recital F
Recital F
F. whereas, in paragraph 69 of the judgment in case C-266/16, the Court held that the waters adjacent to the territory of Western Sahara are not part of the waters falling ‘within the sovereignty or jurisdiction’ of Morocco referred to in Article 2(a) of the 2007 Partnership Agreement;
Amendment 11 #
Motion for a resolution
Recital G
Recital G
Amendment 13 #
Motion for a resolution
Recital H
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 peopulationle of that territory;
Amendment 15 #
Motion for a resolution
Recital I
Recital I
Amendment 18 #
Motion for a resolution
Recital I a (new)
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
Recital J
Amendment 21 #
Motion for a resolution
Recital J a (new)
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
Recital L
Amendment 25 #
Motion for a resolution
Recital M
Recital M
Amendment 35 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the two conditions set in the Court’s judgment, to explicitly mention Western Sahara in the Agreement text andements, to obtain the consent of the people, of Western Sahara and of the third criterion added by the Council, which is the need to ensure that the Agreement benefits the local populationpeople of Western Sahara;
Amendment 43 #
Motion for a resolution
Paragraph 2
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 adjacent tof Western Sahara, whereas the previous agreement contained no such provision;
Amendment 46 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 54 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the European External Action Service (EEAS) and the Commission conducted a process of consultations with the local populationMoroccan parties affected by the SFPA and with interested parties; highlights that the people of Western Sahara and the representative of the people of Western Sahara were not involved of the process of consultation;
Amendment 55 #
Motion for a resolution
Paragraph 4 a (new)
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 57 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 60 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 65 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 70 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the inclusion in the SFPA of new provisions for closeran EU monitoring mechanism of the allocation, in financial terms, of fishing activities in the waters in question, with a view to ensuring that the peopulations concernedle of Western Sahara benefit proportionately from them;
Amendment 81 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 84 #
Motion for a resolution
Paragraph 12 a (new)
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 86 #
Motion for a resolution
Paragraph 12 b (new)
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;