28 Amendments of Linnéa ENGSTRÖM related to 2018/0349M(NLE)
Amendment 1 #
Motion for a resolution
Citation 12 a (new)
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 3 #
Motion for a resolution
Recital B
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 in a clear and transparent mannerprimarily on the basis of available Moroccand scientific adviources;
Amendment 4 #
Motion for a resolution
Recital B a (new)
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 5 #
Motion for a resolution
Recital C
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 shared objectives set between the EU and Morocco; whereas the vast majority of the fishing to be carried out under the SFPA will take place in the waters of Western Sahara;
Amendment 14 #
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 16 #
Motion for a resolution
Recital I
Recital I
Amendment 20 #
Motion for a resolution
Recital J
Recital J
J. whereas the Council included in its proposal for a decision the further stipulation that the agreement should benefit the local populationsrt ruled that the consent of the people of Western Sahara was a core requirement and that it was unnecessary to determine whether the implementation of an agreement in relation to Western Sahara is likely to harm the people of that territory, or to benefit it; whereas the Council nonetheless included in its proposal for a decision the further stipulation that the agreement should benefit the local populations; whereas the notion of local population reflects, according to the Commission Staff Working Document, the "Moroccan interpretation" (page 11);
Amendment 23 #
Motion for a resolution
Recital L
Recital L
L. whereas the SFPA isSFPAs are intended to ensure that fish stocks are exploited in a sustainable way and that the value of fisheries products is enhanced;
Amendment 26 #
Motion for a resolution
Recital M
Recital M
M. whereas the SFPA establishes new legal, environmental, economic and social governance arrangements to support the development of the local fisheries sector, which is a major economic resource for the territories concerned in Western Sahara, which is owned and staffed primarily by Moroccan nationals who have settled into the territory recently;
Amendment 32 #
Motion for a resolution
Paragraph -1 (new)
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)
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 38 #
Motion for a resolution
Paragraph 1 a (new)
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 44 #
Motion for a resolution
Paragraph 2 a (new)
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 47 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes this clarification and the legal certainty that it providesDeplores that the application by the Commission of the former EU- Morocco Fisheries Agreement to the waters of Western Sahara without a legal basis has, among others, led fishing operators in France to face legal proceedings by the Front Polisario, and other EU-based operators might be at risk of further legal action; believes that the proposed agreement fails to provide the necessary clarification and the legal certainty for EU operators fishing in the waters in question;
Amendment 49 #
Motion for a resolution
Paragraph 3 a (new)
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 50 #
Motion for a resolution
Paragraph 3 b (new)
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 52 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. NotDeplores that the European External Action Service (EEAS) and the Commission conducted a process of consultations with the local populations affected by the SFPA and with interested paronly after the agreement had been initialled between Morocco and the Commission and consequently, that this process was rejected by the genuine Saharawi civil society organisations; notes in this regard that the stakeholders who participated in these consultations were all established under Moroccan law or representatives of the Moroccan authorities;
Amendment 58 #
Motion for a resolution
Paragraph 5
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 61 #
Motion for a resolution
Paragraph 7
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 66 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that the sectoral support provisions in the SFPA can facilitate structural investment in the sector, particularly in the construction of infrastructure and plant to help boost competitiveness and employmentwill contribute to further entrench Moroccan interests in the occupied territory and hence reduce the incentives for Morocco to participate in earnest in the UN conflict resolution efforts;
Amendment 67 #
Motion for a resolution
Paragraph 8 a (new)
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)
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 72 #
Motion for a resolution
Paragraph 9 a (new)
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 74 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points outNotes that the SFPA claims to provides for strengthening sustainable fishing practices, combating illegal fishing and ensuring better economic governance of the sector; notes with concern that the figures on the fisheries sector in Western Sahara provided by the Commission in its Staff Working Document rely exclusively on official Moroccan sources; notes the lack of reliable and independent sources of information on the fisheries sector in Western Sahara due to the severe restrictions on access to the territory enforced by the Moroccan authorities; doubts therefore the reliability and accuracy of the assessment provided by the Commission on the fisheries sector in Western Sahara;
Amendment 75 #
Motion for a resolution
Paragraph 10 a (new)
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)
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)
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 83 #
Motion for a resolution
Paragraph 12 a (new)
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;