Activities of Heidi HAUTALA related to 2018/0256M(NLE)
Legal basis opinions (0)
Amendments (33)
Amendment 3 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Commission Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives and to the Commission Guidelines on Stakeholder Consultation;
Amendment 15 #
Motion for a resolution
Recital D
Recital D
D. whereas paragraph 106 of the judgment states that the people of Western Sahara must be regarded as a ‘third party’ to the agreement – within the meaning of the principle of the relative effect of treaties – whose consent must be received for the implementation of the agreement to the territory, without it being necessary to determine whether such implementation is likely to harm it or on the contrary to benefit it;
Amendment 21 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Commission stated in its Staff Working Document that "statistics on Western Sahara generally remain patchy and disparate" and that "it is generally impossible to distinguish Moroccan imports from Western Saharan imports using EU statistics on foreign trade and therefore to estimate what portion of those imports is from Western Sahara";
Amendment 28 #
Motion for a resolution
Recital H
Recital H
H. whereas the Commission and the European External Action Service (EEAS) consulted elected officials and public opinion in Western Sahara, in Rabat and Brussels, officials elected under Moroccan law and other stakeholders from the part of Western Sahara under Moroccan control; whereas these consultations took place after the agreement was initialled with the Moroccan authorities;
Amendment 33 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the NGOs FIDH and OMCT reported that two civil society representatives from Western Sahara that were invited to participate in the consultations in Brussels were subjected to reprisals from the Moroccan authorities as a result of this invitation; whereas both individuals have subsequently applied for asylum in an EU Member State1a; _________________ 1a https://www.fidh.org/fr/themes/defenseurs -des-droits-humains/maroc-menaces-et- harcelement-contre-mm-ettalbi-hafdalla- et-babit-el
Amendment 35 #
Motion for a resolution
Recital I
Recital I
I. whereas Parliament considered it necessary to go and assess the situation at first hand and gain an understanding of the different views of the people; whereas during its two-day visit, the delegation of 3 MEPs from the Committee on International Trade travelled to the part of the territory that is under Moroccan control and did not visit, neither the part under the control of the Front Polisario, nor the refugee camps in Tindouf, Algeria;
Amendment 42 #
Motion for a resolution
Recital J
Recital J
J. whereas the modification of the Liberalisation Agreement, which is of a technical nature, takes place within a broader political and geopolitical context;
Amendment 44 #
Ja. whereas the Commission's Staff Working Document that accompanies the agreement, states that it "uses the term "Western Sahara" to refer to the part of the territory administered de facto by Morocco"; whereas the Joint Declaration states that "products originating in Western Sahara subject to controls by customs authorities of the Kingdom of Morocco" shall benefit from the trade preferences under this agreement; whereas the products originating in the part of the territory of Western Sahara that is outside the control of Morocco, will not benefit from such trade preferences;
Amendment 48 #
Motion for a resolution
Recital K
Recital K
K. whereas the EU and its Member States do not recognise the sovereignty of Morocco over the territory of Western Sahara; whereas the United Nations and the African Union recognise the Front Polisario as representative of the people, but neither the EU nor its Member States do: whereas during the proceedings at the EU Court of Justice, the Commission did "not challenge the capacity as representative of the Sahrawi people enjoyed by the Front Polisario which was recognised by the United Nations General Assembly" (case T-512/12, paragraph 44);
Amendment 54 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas Western Sahara remains on the list of non-self-governing territories for the purposes of Article 73 of the Charter of the United Nations and any engagement with this territory must conform with this particular status under international law;
Amendment 60 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that both the agreement and its implementation must strictly comply with the EU's non-recognition of Moroccan sovereignty over Western Sahara and with the distinct and separate status of the latter in relation to any state, including the Kingdom of Morocco;
Amendment 65 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 72 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Fully supports and encourages the ongoing peace process under the auspices of the Personal Envoy of the Secretary- General Horst Köhler, and emphasises that ratification of the amended Liberalisation Agreement between the EU and Morocco has to be strictly without prejudice to the ongoing efforts of the Personal Envoy and the outcome of the peace process;
Amendment 75 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes note of the tensions between different interests in the territory and believes that a respected and accepted end to the ongoing conflict is required to ensure the broader participation of all groupsthe Sahrawi people in the territory’s economic development; is, at the same time, convinced that the localSahrawi peopulation alsole living on both sides of the divided territory as well as in the refugee camps in Tindouf has the right to social- economic development while awaiting a political solution;
Amendment 82 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses, on the basis of talks with various local economic actors and elected and, civil society representatives held in the territoryand local officials with a mandate or function established under Moroccan law, held in the part of the territory under Moroccan control, or during meetings at the European Parliament, that some parties express their consent towere in favour of the agreement by defending the Moroccan presence in the territory and their right to economic development, while others consider that the agreement further entrenches Moroccan interests in Western Sahara, illicitly exploits natural resources belonging to the Sahrawi people to the benefit of third parties, and that the settlement of the political conflict should precede the granting of trade preferences;
Amendment 89 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the CJEU did not specify in its judgmaffirmed that any agreement with Western Sahara required the prior consent howof the people’s consent has to be expressed and considers therefore that some uncertainty remains as regards this criterion of Western Sahara; considers that the consultation process carried out by the Commission and the EEAS did not allow to effectively assess the views of the people of Western Sahara on the proposed agreement; considers that the consent of the people of Western Sahara can only be expressed by its UN recognized representative, the Front Polisario; notes in this respect that the Front Polisario has rejected the proposed agreement;
Amendment 95 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the presentTakes note of the claims of an economic, social and environmental development observed in Dakhla and Lâayoune and the significant potential for further creation of both low- and high-skilled local employment opportunities; stresses however that this development cannot be placed out of the context of a foreign occupation, a serious human rights situation and a process of demographic engineering; notes also that the Sahrawi people living in exile in the refugee camps in Tindouf faces extreme living conditions with limited international assistance;
Amendment 100 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the EU tariff preferences thave had a positive impact ont were granted without a legal basis to the agricultural and fisheries products sectors andin their export levels in the non- autonomous territory of Western Sahara part of Western Sahara under Moroccan control have had an impact on these sectors; calls for the Commission to assess the loss for the EU budget entailed by this erroneous application of the customs regime;
Amendment 106 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is convinced that, notwithstanding the outcome of the peace process, the local population will profit from economic development and the spill-over effthat lives within the part of the territory under Moroccan control and that has a stake in the economic sectors created in terms of investment in infrastructure, health and educationoncerned by the agreement, may profit from this trade; in contrast, notes that the population in the part of the territory under the control of the Front Polisario will not gain from this agreement and will see its socio-economic situation further deteriorate;
Amendment 110 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the existing investment in the renewables sector and the circular economy, such as in the seawater desalination plant, and encourages further work in this direc; recalls the obligation under international law incumbent on the EU and its Member States not to contribute to an illicit situation resulting from an illegal occupation or annexation;
Amendment 119 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 124 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Warns of the adverse effects of a permanent withdrawal of tariff preferences on products from the non- autonomousthe protracted absence of a political solution to the non-self-governing territory of Western Sahara, and the message this sends to the younger generation and its potential to develop the territory; underlines the risk of activities being relocated to regions in Morocco where they would benefit from the preferences;
Amendment 126 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 134 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 136 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that, since the CJEU judgment, Member States cannot legally apply trade preferences to products from the non-autonomous territory of Western Sahara and that the legal uncertainty affecting economic operators has to come to an end, yet notes in this regard that the Moroccan authorities continue to deliver certificates of origin indicating Morocco and that the legal uncertainty affecting economic operators therefore remains; is seriously concerned by the absence of any reliable traceability system;
Amendment 138 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Expresses its concern about the lack of clarity over the legal basis for the deliverance of veterinary and other SPS certificates by Moroccan authorities;
Amendment 145 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that the lack of data at the disposal of the Commission in relation to past and current trade between the EU and Western Sahara raises questions in relation to the credibility of the assessment carried out by the Commission and its capacity to have effectively defended the interests of EU-based economic operators during the course of the negotiations;
Amendment 147 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Considers that the partial territorial coverage of the agreement raises questions in relation to the obligations of the EU and its Member States to respect the principle of territorial integrity, which is an integral part of the right to self-determination; expects the Commission to clarify the territorial scope of the proposed agreement and to ensure that economic operators in, and products from the part of Western Sahara outside Moroccan control are not discriminated as a result of this agreement;
Amendment 153 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that a key criterion for Parliament, prior to giving its consent, is to ensure that there will be a mechanism in place to technically trace products from Western Sahara so that Member States customs authorities have a clear indication of their origin in full compliance with EU customs and consumer protection legislation; calls on the EU and Morocco to swiftly present a viable solution to this end; expects the corrective measures laid down in the agreement to be used in that regard;
Amendment 162 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the EEAS to closely monitor the implementation and result of the agreement and to regularly report their findings to Parliament; notes in this regard 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 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 163 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the establishment of an EU-Western Sahara subcommittee on trade and agriculture to be established, in accordance with the distinct and separate status of the territory concerned;
Amendment 169 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Proposes that the European Parliament asks the Court of Justice of the European Union for its opinion on the conformity of the Agreement with applicable EU law;
Amendment 171 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Proposes that the European Parliament decline its consent;