2018/0256M(NLE) EC/Morocco Euro-Mediterranean Association Agreement: amending Protocols 1 and 4
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | INTA |
SCHAAKE Marietje ( ALDE)
|
CICU Salvatore ( PPE),
PACKET Ralph ( ECR),
JADOT Yannick ( Verts/ALE),
BEGHIN Tiziana ( EFDD)
|
| Committee Opinion | AGRI |
DANTIN Michel ( PPE)
|
José BOVÉ ( Verts/ALE),
Jørn DOHRMANN ( ECR),
Maria Lidia SENRA RODRÍGUEZ ( GUE/NGL)
|
| Committee Opinion | AFET |
VISTISEN Anders ( ECR)
|
Gilles PARGNEAUX ( S&D),
Cristian Dan PREDA ( PPE),
Bodil VALERO ( Verts/ALE)
|
| Committee Opinion | PECH |
TORVALDS Nils ( ALDE)
|
Isabelle THOMAS ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 105-p2
Legal Basis:
RoP 105-p2Subjects
Events
2019/05/28
EC - Commission response to text adopted in plenary
Documents
2019/01/16
EP - Results of vote in Parliament
Documents
2019/01/16
EP - Decision by Parliament
Details
The European Parliament adopted by 442 votes to 172, with 65 abstentions, a non-legislative resolution on the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part.
Parliament also adopted a legislative resolution on the draft Council Decision.
Background
The European Union and the Kingdom of Morocco enjoy historical relations and maintain close cooperation developed through a broad partnership that covers political, economic and social aspects, such as security of migrants, as strengthened by the advanced status and the willingness of both parties to further develop it.
The Liberalisation Agreement between the EU and Morocco entered into force on 1 September 2013. However, on 10 December 2015 the first instance of the Court of Justice of the European Union repealed the Council decision to conclude the Liberalisation Agreement. It was determined that the Liberalisation Agreement did not provide a legal basis for Western Sahara to be included, and therefore could not apply to this territory.
Following the CJEU judgment, the Council gave the Commission a mandate to modify protocols 1 and 4 of the Euro-Mediterranean Association Agreement in order to allow for the inclusion of Western Saharan products. Their inclusion by definition necessitates some form of traceability to identify such products.
Recommendations
Parliament stressed that:
- since the CJEU judgment, Member States cannot legally apply trade preferences to products from the non-self-governing territory of Western Sahara and that the legal uncertainty affecting economic operators has to come to an end;
- this agreement does not imply any form of recognition of Morocco’s sovereignty over Western Sahara, presently listed by the United Nations as a non-self-governing territory for the purposes of Article 73 of its Charter; the EU’s position remains that of supporting UN efforts to secure a just, lasting and mutually acceptable solution to the conflict in Western Sahara that will provide for the self-determination of the people of Western Sahara, in accordance with international law;
- the agreement can lead to the promotion of social and sustainable development which makes a key contribution to current economic, social and environmental development and to the potential creation of both low- and high-skilled local employment opportunities with an estimated 59 000 or so jobs are dependent on exports, corresponding to roughly 10 % of the population living in the territory;
- without this agreement in force, including the mechanism allowing for the identification of products, it will be impossible to know whether, and how many, products originating in the non-self-governing territory of Western Sahara are entering the European market;
- during inclusive consultations led by the Commission and the EEAS with a range of Western Saharan organisations and other organisations and bodies, majority support was expressed, by the parties participating, for the socio-economic benefits the proposed tariff preferences would bring;
- the EU tariff preferences have had a positive impact on the agricultural and fisheries products sectors and their export levels in the non-self-governing territory of Western Sahara;
- the EU’s ongoing engagement in the territory will have a positive leverage effect on its sustainable development, the local population will profit from economic development and the spill-over effects created in terms of investment in infrastructure, employment, health and education;
- a key criterion for Parliament before giving its consent to the agreement is to ensure that a mechanism will be put in place for Member States’ customs authorities to have access to reliable information on products originating in Western Sahara and imported into the EU, in full compliance with EU customs legislation;
The Commission is called on to promote equivalency of measures and controls between Morocco and the European Union in the area of sanitary, phytosanitary, traceability and environmental standards as well as labelling of origin rules, in order to guarantee fair competition between the two markets.
Documents
2019/01/16
EP - End of procedure in Parliament
2018/12/20
EP - Committee report tabled for plenary
Details
The Committee on International Trade adopted the report by Marietje SCHAAKE (ALDE, NL) containing a motion for a non-legislative resolution on the draft Council decision on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part.
Background
The European Union and the Kingdom of Morocco enjoy historical relations and maintain close cooperation developed through a broad partnership that covers political, economic and social aspects, as strengthened by the advanced status and the willingness of both parties to further develop it.
The Liberalisation Agreement between the EU and Morocco entered into force on 1 September 2013. However, on 10 December 2015 the first instance of the Court of Justice of the European Union repealed the Council decision to conclude the Liberalisation Agreement. It was determined that the Liberalisation Agreement did not provide a legal basis for Western Sahara to be included, and therefore could not apply to this territory.
Following the CJEU judgment, the Council gave the Commission a mandate to modify protocols 1 and 4 of the Euro-Mediterranean Association Agreement in order to allow for the inclusion of Western Saharan products. Their inclusion by definition necessitates some form of traceability to identify such products.
Members stressed that:
- since the CJEU judgment, Member States cannot legally apply trade preferences to products from the non-self-governing territory of Western Sahara and that the legal uncertainty affecting economic operators has to come to an end;
- this agreement does not imply any form of recognition of Morocco’s sovereignty over Western Sahara, presently listed by the United Nations as a non-self-governing territory,
- the agreement can lead to the promotion of social and sustainable development which makes a key contribution to current economic, social and environmental development and to the potential creation of both low- and high-skilled local employment opportunities with an estimated 59 000 or so jobs are dependent on exports, corresponding to roughly 10 % of the population living in the territory;
- without this agreement in force, including the mechanism allowing for the identification of products, it will be impossible to know whether, and how many, products originating in the non-self-governing territory of Western Sahara are entering the European market;
- the EU tariff preferences have had a positive impact on the agricultural and fisheries products sectors and their export levels in the non-self-governing territory of Western Sahara;
- the EU’s ongoing engagement in the territory will have a positive leverage effect on its sustainable development;
- a key criterion for Parliament before giving its consent to the agreement is to ensure that a mechanism will be put in place for Member States’ customs authorities to have access to reliable information on products originating in Western Sahara and imported into the EU, in full compliance with EU customs legislation;
The Commission is called on to promote equivalency of measures and controls between Morocco and the European Union in the area of sanitary, phytosanitary, traceability and environmental standards as well as labelling of origin rules, in order to guarantee fair competition between the two markets.
Documents
2018/12/10
EP - Vote in committee
2018/12/10
EP - SCHAAKE Marietje (ALDE) appointed as rapporteur in INTA
2018/11/27
EP - Committee opinion
Documents
2018/11/21
EP - Committee opinion
Documents
2018/11/14
EP - Committee opinion
Documents
2018/11/13
EP - Amendments tabled in committee
Documents
2018/10/10
EP - TORVALDS Nils (ALDE) appointed as rapporteur in PECH
2018/10/01
EP - Committee draft report
Documents
2018/09/13
EP - Committee referral announced in Parliament
2018/08/30
EP - DANTIN Michel (PPE) appointed as rapporteur in AGRI
2018/07/05
EP - Committee referral announced in Parliament
2018/06/20
EP - VISTISEN Anders (ECR) appointed as rapporteur in AFET
Documents
- Commission response to text adopted in plenary: SP(2019)355
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0016/2019
- Committee report tabled for plenary: A8-0478/2018
- Committee opinion: PE629.477
- Committee opinion: PE628.385
- Committee opinion: PE627.628
- Amendments tabled in committee: PE630.461
- Committee draft report: PE627.726
- Committee draft report: PE627.726
- Amendments tabled in committee: PE630.461
- Committee opinion: PE627.628
- Committee opinion: PE628.385
- Committee opinion: PE629.477
- Commission response to text adopted in plenary: SP(2019)355
Votes
A8-0478/2018 - Marietje Schaake - Résolution #
2019/01/16 Outcome: +: 442, -: 172, 0: 65
ENF
NI| Amendments | Dossier |
| 336 |
2018/0256M(NLE)
2018/10/12
AGRI
62 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Emphasises that the preferential treatment granted for certain Moroccan fruit and vegetable exports to the EU under the agreement of 8 March 2012 concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products is a particularly sensitive matter for Europe’s horticulture industry, especially in southern Europe given the lack of traceability and differing standards;
Amendment 10 #
Draft opinion Paragraph 3 3. Notes that most of the concerns expressed in that opinion, which was adopted in 2011, are, from the point of view of the European horticulture industry, still relevant today, in what is a difficult and volatile period for the industry, in particular as a result of the ongoing Russian embargo;
Amendment 11 #
Draft opinion Paragraph 3 3. Notes that most of the concerns expressed in that opinion are, from the point of view of the European horticulture industry, still relevant today, in what is a difficult and volatile period for the industry,
Amendment 12 #
Draft opinion Paragraph 3 a (new) 3a. Is concerned at the mistreatment of live animals when exported from the EU to Morocco;
Amendment 13 #
Draft opinion Paragraph 4 4. Emphasises that there are still major competitiveness issues for European producers owing to the wide divergences compared with Moroccan producers in terms of labour costs, working conditions and environmental standards; stresses the need to make European products more competitive, putting an end to preferential agreements with third countries in the near future; recognizes the need to protect European arable and livestock farm products against unfair competition from third countries;
Amendment 14 #
Draft opinion Paragraph 4 4. Emphasises that there are still major competitiveness issues for European producers owing to the wide divergences compared in particular with Moroccan producers in terms of labour costs, working conditions and environmental standards; calls for the principles of reciprocity and conformity to be applied in this agreement, as in all trade agreements with third countries, with regard to agricultural products;
Amendment 15 #
Draft opinion Paragraph 4 4. Emphasises that there are still major competitiveness issues for European producers owing to the wide divergences compared with Moroccan producers in terms of labour costs, working conditions and environmental standards; points out that substandard imports may create distortions in certain sectors of the single market and endanger consumer health;
Amendment 16 #
Draft opinion Paragraph 4 4. Emphasises that there are still major competitiveness issues for European producers owing to the wide divergences
Amendment 17 #
Draft opinion Paragraph 4 4. Emphasises that there are still major competitiveness issues for European producers owing to the wide divergences compared with Moroccan producers in terms of labour costs, overhead costs, working conditions and environmental standards;
Amendment 18 #
Draft opinion Paragraph 4 a (new) 4a. Stresses moreover that, in many cases, European products are denied not only a totally level playing field but also adequate protection against the risk of imported plant diseases not present in the EU; notes that, in light of the amendments to this Agreement, and as required also by the report from the Commission to the European Parliament and the Council on the effectiveness and consistency of sanitary and phytosanitary controls on imports of food, feed, animals and plants' (COM/2010/0785), it will be necessary to review EU plant health arrangements, taking into account new realities in order to protect the Union from the introduction and spread of harmful organisms, while helping to ensure sustainable development, the competitiveness of the agricultural sector and food safety;
Amendment 19 #
Draft opinion Paragraph 4 a (new) 4a. Regrets that the provisions adopted in Regulation (EU) No 1308/2013 (single CMO) in order to overcome problems encountered in the correct application of the entry prices of fruit and vegetable imports from Morocco are becoming ineffective for the higher categories, the so-called ‘baby’ varieties, which have much higher marketing prices but which are attributed a standard product value upon entry to the EU, as is the case with ‘cherry’ tomatoes; calls on the Commission to put an end to this anomaly;
Amendment 2 #
Draft opinion Paragraph 1 1. Emphasises that the preferential treatment granted for certain Moroccan fruit and vegetable exports to the EU under the agreement of 8 March 2012 concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products – all the more so in the absence of adequate traceability – is a particularly sensitive matter for Europe’s horticulture industry, especially in southern Europe;
Amendment 20 #
Draft opinion Paragraph 4 a (new) 4a. Emphasises that access to the EU's internal market should be contingent on compliance with sanitary, phytosanitary and environmental standards; asks the Commission to promote equivalency of measures and controls between Morocco and the European Union in the area of environmental and food safety standards, in order to guarantee fair competition between the two markets;
Amendment 21 #
Draft opinion Paragraph 4 a (new) 4a. Emphasises the need for stronger animal rights legislation in Morocco and calls for training programmes for farmers, distributers and slaughterhouses in order to meet EU standards on animal welfare;
Amendment 22 #
Draft opinion Paragraph 4 b (new) Amendment 23 #
Draft opinion Paragraph 4 c (new) 4c. Emphasises that all agricultural goods from all third countries imported into the EU must comply with the Union's sanitary and phytosanitary (SPS) rules;
Amendment 24 #
Draft opinion Paragraph 5 5. Draws attention to the fact that some of the fruit and vegetables exported preferentially to the EU under the terms of the agreement in question (including tomatoes and melons) come from the territory of Western Sahara,
Amendment 25 #
Draft opinion Paragraph 5 5. Draws attention to the fact that some of the fruit and vegetables exported preferentially to the EU under the terms of the agreement in question (including tomatoes and melons) come from the territory of Western Sahara, and points out that very ambitious plans have been drawn up with a view to further developing such production and exports; recalls that the Court of Justice of the European Union issued a clear judgment excluding the territories of Western Sahara from the EU-Morocco trade agreement;
Amendment 26 #
Draft opinion Paragraph 5 5. Draws attention to the fact that some of the fruit and vegetables exported preferentially to the EU under the terms of the agreement in question (including tomatoes and melons) come from the
Amendment 27 #
Draft opinion Paragraph 5 5. Draws attention to the fact that some of the fruit and vegetables exported preferentially to the EU under the terms of the agreement in question (including tomatoes and melons) come from the territory of Western Sahara, and points out that
Amendment 28 #
Draft opinion Paragraph 5 a (new) 5a. Recalls the judgment of the Court of Justice of the European Union of 21 December 2016, which concluded that the EU-Moroccan agreement on agricultural products did not apply to the territory of Western Sahara;
Amendment 29 #
Draft opinion Paragraph 5 a (new) 5a. Calls for a proper labelling of these products so as to ensure full traceability;
Amendment 3 #
Draft opinion Paragraph 1 1. Emphasises that the preferential treatment granted for certain Moroccan fruit and vegetable exports to the EU under the agreement of 8 March 2012 concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products is a particularly sensitive matter for Europe’s horticulture industry
Amendment 30 #
Draft opinion Paragraph 5 b (new) 5b. Deplores the fact that the Commission has not taken into consideration the judgment of the Court of Justice of the European Union of 21 December 2016; notes, therefore, that this agreement will not be able to provide a stable and indisputable framework for the economic players concerned, on both sides of the Mediterranean;
Amendment 31 #
Draft opinion Paragraph 6 Amendment 32 #
Draft opinion Paragraph 6 6. Re
Amendment 33 #
Draft opinion Paragraph 6 6.
Amendment 34 #
Draft opinion Paragraph 6 6. Regrets the legal uncertainty that has arisen since the Court of Justice judgment of 21 December 2016; is concerned that the Commission has been unable to provide reliable data on preferential imports of products from Western Sahara that may have been carried out since that date, in spite of the judgment in question; wonders what the cost has been to the EU budget of any preferences granted during the period concerned without a valid legal basis; in the absence of sufficient comparative information, is doubtful whether the Commission is able to assess the impact of the proposed new agreement properly and therefore requests the swift implementation of the exchange of information provided for in the Exchange of Letters;
Amendment 35 #
Draft opinion Paragraph 6 6. Regrets the legal uncertainty that has arisen since the Court of Justice judgment of 21 December 2016; is concerned that the Commission has been unable to provide reliable data on preferential imports of products from the Moroccan region of Western Sahara that may have been carried out since that date, in spite of the judgment in question; wonders what the cost has been to the EU budget of any preferences granted during the period concerned without a valid legal basis; in the absence of sufficient comparative information, is doubtful whether the Commission is able to assess the impact of the proposed new agreement properly;
Amendment 36 #
Draft opinion Paragraph 6 6.
Amendment 37 #
Draft opinion Paragraph 6 6. Regrets th
Amendment 38 #
Draft opinion Paragraph 6 a (new) 6a. Regrets the developments regarding the EU’s trade plans for Western Sahara; notes that the inclusion of Western Sahara in the EU-Morocco agreement undermines the UN peace process and the chances to reach an agreement ending the conflict; deplores the Commission's insistence on concluding an agreement including the territory of Western Sahara instead of limiting the agreement to the internationally-recognized territories of Morocco;
Amendment 39 #
Draft opinion Paragraph 6 a (new) 6a. Emphasises that, although serious concerns remain regarding competitive disadvantages for EU farmers generated by the initial association agreement, this updated text does not alter the tariff rate quotas and the preferential import regime previously established, while it only provides European producers with a clarification on the geographical scope of the agreement;
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. Highlights the concerns expressed by certain EU sectors at increased duty- free quotas for sensitive fruit and vegetable imports; calls, therefore, on the Commission to present an assessment of the impact on European producers, and particularly on farmers' incomes, and to keep Parliament regularly informed;
Amendment 40 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the European Commission to open negotiations with the Polisario Front whenever it wishes an agreement to be applicable to Western Sahara;
Amendment 41 #
Draft opinion Paragraph 7 Amendment 42 #
Draft opinion Paragraph 7 Amendment 43 #
Draft opinion Paragraph 7 7. Nevertheless welcomes the clarification that the new agreement provides, and hopes that it will be able henceforth to provide a clear, stable framework for the economic operators concerned, on both sides of the Mediterranean; recalls that no farmer should have to endure the risky consequences of European geopolitical decisions;
Amendment 44 #
7.
Amendment 45 #
Draft opinion Paragraph 7 7.
Amendment 46 #
Draft opinion Paragraph 7 a (new) 7a. Reiterates that this new agreement between the Union and Morocco is illegal insofar as it includes products from Western Sahara, and highlights the concerns that some Member States, social organisations, the Polisario Front and the Legal Service of the European Parliament have expressed in terms of its legal and political repercussions for the exercising of the right to self-determination by Western Sahara;
Amendment 47 #
Draft opinion Paragraph 7 b (new) 7b. Expresses its deep concern about the inadequate consultation procedure carried out by the European Commission which does not allow for the free and informed consent of the Sahrawi people, especially since the Polisario Front and other Sahrawi organisations have not been properly involved in the process;
Amendment 48 #
Draft opinion Paragraph 7 c (new) 7c. Recalls that the Polisario Front, as recognised by the United Nations, is the legitimate representative of the Sahrawi people and that the conclusion of an agreement without their consent constitutes an infringement of the rights of the peoples of non-autonomous territories whose interests must be paramount, as laid down in Article 73 of the Charter of the United Nations;
Amendment 49 #
Draft opinion Paragraph 7 d (new) 7d. Emphasises that the majority of Sahrawis will not benefit economically or in any other manner from this agreement and condemns the fact that the 173 000 Sahrawi refugees living in the Tindouf refugee camps have not been consulted on it and will not benefit from it;
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Warns of the environmental risks, for example for water resources, entailed by intensive, uncontrolled and export- oriented development of agricultural production in Western Sahara, as highlighted by the European Commission;
Amendment 50 #
Draft opinion Paragraph 8 8. Is doubtful whether the distinction drawn in the new agreement between products from the Western Sahara and those from Morocco is relevant from an agricultural, customs and trade perspective, setting the obvious political aspects aside; notes, in particular, that in the new agreement there is no allocation of the tariff rate quotas laid down in the initial agreement, and that, in terms of access to the preferences granted by the EU, it will not therefore make any difference whatsoever whether or not products are of Western Sahara
Amendment 51 #
Draft opinion Paragraph 8 8. Is doubtful whether the distinction drawn in the new agreement between products from
Amendment 52 #
Draft opinion Paragraph 8 8. Is doubtful whether the distinction drawn in the new agreement between products from the Sahara and those from Morocco is
Amendment 53 #
Draft opinion Paragraph 8 a (new) 8a. Rejects the argument of the legality of the certification of products of Western Sahara by the Moroccan health authorities with regard to the decision of the Court of Justice declaring the two territories separate and distinct;
Amendment 54 #
Draft opinion Paragraph 9 Amendment 55 #
Draft opinion Paragraph 9 9. Points out that Article 7 of Protocol 1 to the 2012 Agreement contains a safeguard clause making it possible for appropriate steps to be taken where imports of large quantities of agricultural products classed as sensitive under the agreement cause serious market distortion and/or serious harm to the industry concerned; hopes that preferential imports into the EU of sensitive agricultural products from Morocco and Western Sahara will continue to be subject to appropriate and broad monitoring by the Commission, and that the Commission will still be ready to immediately activate the aforementioned clause where an established need arises;
Amendment 56 #
Draft opinion Paragraph 9 9. Points out that Article 7 of Protocol 1 to the 2012 Agreement contains a
Amendment 57 #
Draft opinion Paragraph 10 Amendment 58 #
Draft opinion Paragraph 10 10. Points out that the EU and Morocco have negotiated, as set out in the initial agreement concluded in 2012, an ambitious and comprehensive agreement on protecting the geographical indications and designations of origin of agricultural products, processed agricultural products, fish and fishery products that provides for the protection by Morocco of the full list of the EU’s geographical indications; points out, furthermore, that the procedure for concluding the agreement, which began in 2015, was suspended following the Court’s judgment of 21 December 2016; calls for that procedure to be immediately resumed and finalised as soon as possible in conjunction with the conclusion of the agreement considered in this opinion. Calls on the Commission to intervene in front of EP Committee on Agriculture and Rural Development, as soon as possible, with a presentation on the current state of play of agricultural trade between the EU and Morocco and on the ongoing negotiations of the agreement on geographical indications.
Amendment 59 #
Draft opinion Paragraph 10 10. Points out that the EU and Morocco have negotiated, as set out in the initial agreement concluded in 2012, an ambitious and comprehensive agreement on protecting the geographical indications and designations of origin of agricultural products, processed agricultural products, fish and fishery products that provides for the protection by Morocco of the full list of the EU’s geographical indications; points out, furthermore, that the procedure for concluding the agreement, which began in 2015, was suspended following the Court’s judgment of 21 December 2016; calls for that procedure to be resumed and finalised as soon as possible in conjunction with the conclusion of the agreement considered in this opinion, encompassing some geographical indications and designations of origin which were unduly excluded at the start of the negotiations.
Amendment 6 #
Draft opinion Paragraph 1 b (new) 1b. Notes that the monitoring of sensitive agricultural products and the strict application of quotas are fundamental to the balanced functioning of the agreement;
Amendment 60 #
Draft opinion Paragraph 10 10. Points out that the EU and Morocco have negotiated, as set out in the initial agreement concluded in 2012, an ambitious and comprehensive agreement on protecting the geographical indications and designations of origin of agricultural products, processed agricultural products, fish and fishery products that provides for the protection by Morocco of the full list of the EU’s geographical indications; points out, furthermore, that the procedure for concluding the agreement, which began in
Amendment 61 #
Draft opinion Paragraph 10 10. Points out that the EU and Morocco have negotiated, as set out in the initial agreement concluded in 2012, an ambitious and comprehensive agreement on protecting the geographical indications and designations of origin of agricultural products, processed agricultural products, fish and fishery products that provides for the protection by Morocco of the full list of the EU’s geographical indications; points out, furthermore, that the procedure for concluding the agreement, which began in 2015, was suspended following the Court’s judgment of 21 December 2016;
Amendment 62 #
Draft opinion Paragraph 10 a (new) 10a. Calls therefore on the Committee on International Trade, as the committee responsible, to propose that the European Parliament decline its consent.
Amendment 7 #
Draft opinion Paragraph 2 2. Emphasises, furthermore, that in its opinion adopted on 13 July 2011 as part of the consent procedure in Parliament relating to the agreement, the Committee on Agriculture and Rural Development recommended that consent should not be given, in view of the fact that: 'High Community standards in environmental protection, working conditions, trade union protection, anti-dumping rules and food safety are not reciprocated in Moroccan products imported into the EU';
Amendment 8 #
Draft opinion Paragraph 3 3. Notes that most of the concerns expressed in that opinion are, from the point of view of the European horticulture industry, still relevant today, in what is a difficult and volatile period for the industry, in particular as a result of the continued use of European agriculture as a bartering chip in international trade relations and the ongoing Russian embargo;
Amendment 9 #
Draft opinion Paragraph 3 3. Notes that most of the concerns expressed in that opinion are, from the point of view of the European horticulture industry, still relevant today, in what is a difficult and volatile period
source: 628.535
2018/10/26
AFET
85 amendments...
Amendment 1 #
Draft opinion Paragraph –1 (new) -1. Recalls that 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 that any engagement with this territory must conform with this particular status under international law;
Amendment 10 #
Draft opinion Paragraph 1 b (new) 1 b. Recalls that the United Nations and the EU and its Member States do not recognise the sovereignty of the Kingdom of Morocco over Western Sahara;
Amendment 11 #
Draft opinion Paragraph 1 c (new) 1 c. Recalls the long-standing position of the EU in support of the right to self- determination of the people of Western Sahara and of the efforts of the United Nations in support of the enjoyment of this right by the Saharawi people;
Amendment 12 #
Draft opinion Paragraph 2 2. Stresses that i
Amendment 13 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights
Amendment 14 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, in the territories concerned; in this regard, condemns the human rights violations taking place in both Occupied Western Sahara and Morocco, and points out that this is in breach of the human rights clause, which legally speaking is regarded as a key part of the trade agreements ratified by the European Union;
Amendment 15 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, in the territories concerned; underlines that the extension of the Agreement to cover products from the Southern Provinces, could serve as a lever for improving socio-economic and human rights standards in the region;
Amendment 16 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, for the Sahrawi people and in the territories concerned and to respect the judgments handed down by the Court of Justice of the European Union;
Amendment 17 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, in the territories concerned, particularly in Western Sahara;
Amendment 18 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, in the territories concerned, and to comply with the relevant ECJ rulings;
Amendment 19 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, in relation to the Sahrawi people in the territories concerned;
Amendment 2 #
Draft opinion Paragraph –1 a (new) -1 a. Recalls that the EU and its Member States do not recognise Moroccan sovereignty over 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 in relation to any State, including the Kingdom of Morocco;
Amendment 20 #
Draft opinion Paragraph 2 2. Stresses that it is important for this agreement to give guarantees regarding respect for international law, including human rights, in the territories concerned and for the Saharawi people;
Amendment 21 #
Draft opinion Paragraph 2 a (new) 2a. Deplores the flagrant breaches of human rights committed in occupied Western Sahara, including infringements of the freedom of expression and of assembly that the European Commission has recognised, the torture and abuse reported by political prisoners, unfair trials, crackdowns on demonstrations (including cases of torture and murder), and observers and the international press being prevented from freely entering the occupied territories; condemns, furthermore, the breaches of basic rights committed on Moroccan territory: the jailing,often following unfair trials, of journalists and demonstrators calling for social justice and political rights, the failure to investigate reports of prisoners or detainees being tortured, impunity with regard to past breaches of human rights, and the excessive use of force against migrants;
Amendment 22 #
Draft opinion Paragraph 2 a (new) 2 a. Recalls the obligation under article 21 of the Treaty of the European Union for the EU and its Member States to respect the principles of the United Nations Charter and international law; underlines in this respect that article 2 of the UN Charter includes the respect for the principle of self-determination of peoples; recalls that under this principle, the Sahrawi people has the right to the permanent sovereignty over their natural resources and to the territorial integrity of Western Sahara;
Amendment 23 #
Draft opinion Paragraph 2 a (new) 2 a. Recalls the obligation under article 21 of the Treaty of the European Union for the EU and its Member States to respect the principles of the United Nations Charter and international law; underlines in this respect that article 2 of the UN Charter includes the respect for the principle of self-determination of peoples;
Amendment 24 #
Draft opinion Paragraph 2 a (new) 2 a. Stresses that, in the view of the Court of Justice of the European Union, Western Sahara is a separate and independent territory; insists, therefore, that this fundamental aspect of the ECJ ruling be duly taken into account in the agreement, including in its implementation at technical level;
Amendment 25 #
Draft opinion Paragraph 3 3. Notes that this agreement does not imply recognition of Morocco’s sovereignty over Western Sahara and that the EU’s position remains that of supporting UN efforts to
Amendment 26 #
Draft opinion Paragraph 3 3. Notes that this agreement
Amendment 27 #
Draft opinion Paragraph 3 3. Notes that th
Amendment 28 #
Draft opinion Paragraph 3 3.
Amendment 29 #
Draft opinion Paragraph 3 3.
Amendment 3 #
Draft opinion Paragraph 1 1.
Amendment 30 #
Draft opinion Paragraph 3 3.
Amendment 31 #
Draft opinion Paragraph 3 3.
Amendment 32 #
Draft opinion Paragraph 3 3. Notes that this agreement does not imply recognition of Morocco’s sovereignty over Western Sahara and that the EU’s position remains that of supporting UN efforts to secure a fair, lasting and mutually acceptable settlement of the Western Sahara conflict, on the basis of the right to self-determination of the Sahrawi people and in accordance with the relevant UN resolutions; reiterates, therefore, its full support to the UN Secretary-General’s Personal Envoy for Western Sahara, Mr Horst Köhler, in helping
Amendment 33 #
Draft opinion Paragraph 3 3. Notes that this agreement does not imply recognition of Morocco’s sovereignty over Western Sahara and that the EU’s position remains that of supporting UN efforts to secure a fair, lasting and mutually acceptable settlement of the Western Sahara conflict, on the basis of the right to self-determination of the Sahrawi people and in accordance with the relevant UN resolutions; reiterates, therefore, its full support to the UN Secretary-General’s Personal Envoy for Western Sahara, Mr Horst Köhler, in helping the parties to achieve this settlement, which can only bolster the Association Agreement politically and legally;
Amendment 34 #
Draft opinion Paragraph 3 a (new) 3 a. Notes that the Commission Staff Working Document that accompanies the proposed agreement, states that it "uses the term "Western Sahara" to refer to the part of the territory administered de facto by Morocco"; notes that 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; notes therefore that 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 35 #
Draft opinion Paragraph 3 a (new) 3a. Takes the view that, if the European Union wishes to back UN efforts to guarantee a solution to the conflict in Western Sahara and support the new round of talks which is to be launched in Geneva in December after the negotiations had been on ice since 2012, it would not be a good signal to send, and far less a sign of support for the successful development of the negotiations, for the European Parliament (including the relevant committees) to vote in favour of this agreement;
Amendment 36 #
Draft opinion Paragraph 3 a (new) 3 a. Remains concerned that the restriction of the territorial application of the agreement to the part under Moroccan control may aggravate the division of Western Sahara, entail further difficulties for the Sahrawi people, including discrimination and restrictions to their enjoyment of the right to self- determination, raise frustrations among Western Saharans living in the continued humanitarian situation, and contradict international law;
Amendment 37 #
Draft opinion Paragraph 3 a (new) 3 a. Recalls the right to development of the population living in the Southern Provinces and highlights the positive long-term implications of the Association Agreement on the socio-economic development of the territory; stresses therefore that persistent legal uncertainty can only undermine the socio-economic and political growth;
Amendment 38 #
Draft opinion Paragraph 3 a (new) 3a. Points out that a meeting of the parties involved in the conflict is to be held in Geneva in early December on the initiative of the UN and with the participation of Algeria and Mauritania, and hopes that meeting will help kick- start the peace process;
Amendment 39 #
Draft opinion Paragraph 3 a (new) 3a. Notes with concern that neither the EEAS nor the Commission travelled to the territory of Western Sahara during the negotiations on the agreement or visited any refugee camps;
Amendment 4 #
Draft opinion Paragraph 1 1. Recalls that Morocco is a privileged EU partner in the Southern Neighbourhood, with which the EU has built up a strong and broad partnership that covers political, economic and social aspects, but also security and migration; reiterates, nevertheless, that political, economic and trade interests can never take priority over respecting and upholding human rights and international law;
Amendment 40 #
Draft opinion Paragraph 3 a (new) 3 a. Calls on the parties to resume the negotiations under the auspices of the UN Secretary-General without preconditions and in good faith;
Amendment 41 #
Draft opinion Paragraph 3 b (new) 3 b. 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; in relation to the border treaties between Morocco and Western Sahara; and towards the obligation to respect the"separate and distinct" nature of Western Sahara in relation to Morocco, affirmed by the European Court of Justice, which would require the preservation of the integrity of Western Sahara;
Amendment 42 #
Draft opinion Paragraph 3 b (new) 3b. Takes the view that if Morocco were to free Sahrawi political prisoners, that would send a positive message as part of the peace process, making it possible for practical commitments to be made on both sides with a view to achieving a negotiated political solution;
Amendment 43 #
Draft opinion Paragraph 3 c (new) 3 c. 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 44 #
Draft opinion Paragraph 3 d (new) 3 d. Expresses concern that the agreement, by restricting its territorial application to the part under the control of Morocco, may reinforce the current social, economic and military dividing lines within Western Sahara;
Amendment 45 #
Draft opinion Paragraph 3 e (new) 3 e. Notes that in spite of the separate and distinct status of Western Sahara and of the non-recognition of Morocco's sovereignty over Western Sahara, the Commission and the EEAS held negotiation rounds in Rabat and Brussels, and not in Western Sahara during the course of the negotiations of the agreement;
Amendment 46 #
Draft opinion Paragraph 4 Amendment 47 #
Draft opinion Paragraph 4 4. Notes
Amendment 48 #
Draft opinion Paragraph 4 4.
Amendment 49 #
Draft opinion Paragraph 4 4.
Amendment 5 #
Draft opinion Paragraph 1 1. Recalls that Morocco is a privileged EU partner in the Southern Neighbourhood, with which the EU has built up a strong and broad partnership that covers political, economic and social aspects, but also security and migration; highlights that Morocco has been recognised an advanced status within the European Neighbourhood Policy (ENP);
Amendment 50 #
Draft opinion Paragraph 4 4. Notes that
Amendment 51 #
Draft opinion Paragraph 4 4. Notes that during inclusive consultations led by the Commission and the European External Action Service (EEAS) with a wide
Amendment 52 #
Draft opinion Paragraph 4 4. Notes that during
Amendment 53 #
Draft opinion Paragraph 4 4. Notes that during
Amendment 54 #
Draft opinion Paragraph 4 4. Notes that during inclusive consultations led by the Commission and the European External Action Service (EEAS) with a wide variety of Western Saharan local representatives, civil society organisations and other organisations and bodies, broad support was expressed for the socio-economic benefits the proposed tariff preferences would bring; notes that, according to the Commission, the non- implementation of tariff preferences could deteriorate the economic and social situation of local populations in the concerned territories;
Amendment 55 #
Draft opinion Paragraph 4 4. Notes that during inclusive consultations led by Morocco, the Commission and the European External Action Service (EEAS) with a wide variety of Western Saharan local representatives, civil society organisations and other organisations and bodies, broad support was expressed for the socio-economic benefits the proposed tariff preferences would bring;
Amendment 56 #
Draft opinion Paragraph 4 a (new) 4a. Points out that the Court of Justice of the European Union clearly ruled in its judgment of 21 December 2016 that no trade or association agreement with Morocco could be applied to the territory of Western Sahara, recognising the latter as a different and separate territory from Morocco, to which it is not linked through any tie of sovereignty; points out that in point 106 of that ruling, the Court stated that the people of Western Sahara were to be regarded as a third party in EU- Morocco relations, and that in order for any bilateral agreement to affect the third-party territory of Western Sahara, express consent must be obtained from the Sahrawi people;
Amendment 57 #
Draft opinion Paragraph 4 a (new) 4 a. Notes that out of the 112 stakeholders enlisted by the Commission among those having been included in the consultations on the proposed agreement, 94 of them rejected taking part in the consultations or were not invited to participate therein; notes that among the 18 remaining stakeholders, 2 are Members of the Moroccan Parliament, 1 is the Moroccan state-owned phosphate company OCP and 6 are public bodies or other structures that have been set up by Morocco in Western Sahara;
Amendment 58 #
Draft opinion Paragraph 4 a (new) 4 a. Notes a recent report by FIDH/OMCT that two civil society representatives from Western Sahara who were invited to participate in the consultations in Brussels were subjected to reprisals from the Moroccan authorities as a result of this invitation; notes that both individuals have subsequently applied for asylum in an EU Member State;
Amendment 59 #
Draft opinion Paragraph 4 a (new) 4 a. Stresses, as stated in the European Commission report, that all reasonable and feasible steps have been taken to inquire about the consent of the population concerned, through these inclusive consultations;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1 a. Recalls that the United Nations and the EU and its Member States do not recognise the sovereignty of the Kingdom of Morocco over Western Sahara; stresses that Western Sahara is a separate and distinct territory in relation to any State, including the Kingdom of Morocco, according to the EU Court of Justice; insists therefore that this fundamental aspect of the ECJ ruling is duly taken into account in the agreement, including in its implementation at technical level; underlines furthermore that Western Sahara is on the United Nations’ list of non-self-governing territories and that the EU and its Member States must respect the legal and political framework applicable under international law to such territories;
Amendment 60 #
Draft opinion Paragraph 4 a (new) 4 a. Notes that 94 Saharawi civil society organizations denounced the agreement that was negotiated between the Commission and the government of Morocco;
Amendment 61 #
Draft opinion Paragraph 4 b (new) 4b. Is deeply concerned at the insufficient consultation procedure carried out by the Commission, as a result of which it has not been possible to obtain the free and informed consent of the Sahrawi people; points out that the Polisario Front, as recognised by the United Nations, is the legitimate representative of the Sahrawi people and that the conclusion of an agreement without their consent constitutes an infringement of the rights of the peoples of non-autonomous territories whose interests must be paramount, as laid down in Article 73 of the Charter of the United Nations;
Amendment 62 #
Draft opinion Paragraph 4 b (new) 4 b. Underlines that throughout the consultation process, the Commission and the EEAS maintained regular contacts with the team of the Personal Envoy of the UN Secretary-General for Western Sahara to ensure that the proposed agreement supports UN efforts to achieve a lasting settlement;
Amendment 63 #
Draft opinion Paragraph 4 c (new) 4c. Expresses concern at civil society reports that 83% of the associations or groups included on the list of stakeholders annexed to Commission staff working document SWD(2018) 346 final which the Commission says took part in a ‘consultation’ on trade in Western Sahara, were never asked to take part, or did not take part, in any consultation process; regrets the fact that the Commission, rather than seeking the consent of the people of Western Sahara, carried out a consultation procedure in which it only actually listened to Moroccan elected officials and business people, and four Moroccan civil society organisations;
Amendment 64 #
Draft opinion Paragraph 4 c (new) 4 c. Calls on the EU to step-up efforts to foster regional cooperation between the Maghreb countries, which can only have tremendous positive implications for the region and beyond;
Amendment 65 #
Draft opinion Paragraph 4 d (new) 4d. Rejects the idea of replacing the notion of the Sahrawi ‘people’ by the notion of ‘population’, which now comprises a majority of Moroccan colonists and excludes the majority of the people of Western Sahara, who fled their territory either during the war or as a result of the grave human rights situation under the Moroccan occupation; condemns the fact that the 173 000 Sahrawi refugees living in the Tindouf refugee camps have not been consulted;
Amendment 66 #
Draft opinion Paragraph 4 d (new) 4 d. Points to the strategic need for the EU to closer engage and foster its ties with the countries in the Maghreb region; and in this context views the extension of the Association Agreement as a logical component of this strategy;
Amendment 67 #
Draft opinion Paragraph 4 e (new) 4e. Points out that in point 106 of the Court of Justice’s judgment of 21 December 2016 it is established that the benefits of a trade agreement are irrelevant when assessing its legality; expresses concern at the fact that Commission has been unable to provide reliable information on preferential imports of products from Western Sahara to back up the claim that the agreement is beneficial for the territory, given that the Commission acknowledges that it is ‘generally impossible to distinguish between Moroccan imports and imports from Western Sahara’; points out that the Commission has also admitted that it is impossible to distinguish between the Sahrawi and Moroccan populations when it comes to benefits in terms of jobs, but recognises that the proportion of Sahrawi employees in the relevant sectors is minimal; as there is insufficient comparative data, is doubtful that the Commission will be able to carry out an appropriate impact assessment with regard to the new agreement that is on the table; with that in mind, calls for the products concerned to be labelled correctly, and calls on the Commission to press ahead with efforts to improve this aspect, especially with a view to compiling clear, reliable statistics;
Amendment 68 #
Draft opinion Paragraph 4 f (new) 4f. Given that the new agreement fails to comply with the judgment handed down by the Court of Justice of the European Union, emphasises the legal uncertainty that would be created if it were to be implemented, bearing in mind the possibility of a fresh application being brought before the courts; points out that the trade relations established under this new agreement could be subject to subsequent legal action for damages, including compensation;
Amendment 69 #
Draft opinion Paragraph 5 Amendment 7 #
Draft opinion Paragraph 1 a (new) 1 a. Recalls that the EU and its Member States do not recognise the sovereignty of the Kingdom of Morocco over Western Sahara; underlines that Western Sahara is on the United Nations’ list of Non-Self-Governing territories; recalls that the States must respect the legal and political framework applicable under international law to such territories, notably in relation to the exploitation of natural resources therein;
Amendment 70 #
Draft opinion Paragraph 5 5. Takes
Amendment 71 #
Draft opinion Paragraph 5 5. Takes good note of the exchange of letters and acknowledges the efforts of the Commission and the EEAS in trying, within the remit of their competences, to evaluate the benefit for the population and to ascertain their consent to this agreement;
Amendment 72 #
Draft opinion Paragraph 5 5.
Amendment 73 #
Draft opinion Paragraph 5 5. Takes good note of the exchange of letters and acknowledges the efforts of the Commission and the EEAS in trying, within the remit of their competences, to evaluate the benefit for the population and to ascertain their consent to this agreement;
Amendment 74 #
Draft opinion Paragraph 5 5. Takes good note of the exchange of letters and acknowledges the efforts of the Commission and the EEAS in trying, within the remit of their competences, to evaluate the benefits for the population and to ascertain their consent to this agreement; stresses
Amendment 75 #
Draft opinion Paragraph 5 5. Takes good note of the exchange of letters and acknowledges the efforts of the Commission and the EEAS in trying, within the remit of their competences, to evaluate the benefit for the population and to ascertain their consent to this agreement; stresses that the Court of Justice of the European Union has noted the unimportance of determining the benefit and that, in particular, the consent of the people of Western Sahara is necessary; stresses, nevertheless, that more
Amendment 76 #
Draft opinion Paragraph 5 5. Takes good note of the exchange of letters and acknowledges the efforts of the Commission and the EEAS in trying, within the remit of their competences, to evaluate the benefit for the population and to ascertain their consent to this agreement; stresses, nevertheless, that, as highlighted by the Court of Justice of the European Union, the benefit for the population, in the absence of the specific consent of the Sahrawi people, is irrelevant for the approval of the agreement; stresses that more could be done to improve the traceability of products coming from Western Sahara; invites the Commission services, therefore, to engage further with the Moroccan authorities to improve this aspect, notably in order to produce clear and reliable statistics
Amendment 77 #
Draft opinion Paragraph 5 a (new) 5a. Highlights the doubts that certain Member States, social organisations, the Polisario Front and the European Parliament’s Legal Service have expressed about the possible legal and political repercussions that consenting to this agreement would have with regard to the exercise of Western Sahara’s right to self-determination; in this regard, calls for the agreement to be rejected because it does not comply with any of the relevant elements of the judgment of the Court of Justice of the European Union, and therefore calls on the Committee on International Trade, as the committee responsible, to propose that Parliament decline to give its consent;
Amendment 78 #
Draft opinion Paragraph 5 a (new) 5 a. Recalls that according to art. 21. TEU the Union's action on the international scene shall be guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms and respect for the principles of the United Nation Charter and International law; therefor consent can only be given when a clear intend of improvement of the human rights is shown;
Amendment 79 #
Draft opinion Paragraph 5 a (new) 5 a. 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 8 #
Draft opinion Paragraph 1 a (new) 1 a. Recalls that according to the Court of Justice of the European Union in its 10 December 2015 ruling on Western Sahara, the Commission stated during the legal proceedings in front of the Court that "it does not challenge the "capacity as representative of the Sahrawi people enjoyed by the Front Polisario which was recognised by the UN General Assembly";
Amendment 81 #
Draft opinion Paragraph 5 b (new) 5 b. Notes the statement by the Commission 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"; considers that this lack of data 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;
Amendment 82 #
Draft opinion Paragraph 5 c (new) 5 c. 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 may not carry out their activities outside the internationally recognised borders of Morocco; calls on the EEAS to provide clarification on this matter and on the practical implications foreseen for the monitoring of the implementation of this agreement;
Amendment 83 #
Draft opinion Paragraph 5 d (new) 5 d. 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 Polisario Front; notes in this respect that the Polisario Front has rejected the proposed agreement;
Amendment 84 #
Draft opinion Paragraph 5 e (new) 5 e. Considers that the human rights assessment and the stakeholder consultation carried out by the Commission and the EEAS in relation to the agreement falls short of complying with the Commission's own Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives and its Guidelines on Stakeholder Consultation; observes in particular, that the cursory comments on the human rights situation in Western Sahara in the Staff Working Document that accompanies the agreement, fail to meet the commitment of the Commission to carry out a "comprehensive, participative, balanced and transparent" analysis of the human rights impact of the agreement; underscores that this is particularly inadequate given the seriousness of the human rights situation in Western Sahara and that human rights, notably the right to self-determination, are at the core of the ruling of the European Court of Justice; expects therefore the Commission to carry out a proper human rights impact assessment in line with its own policy guidelines, prior to the consideration of the agreement;
Amendment 85 #
Draft opinion Paragraph 5 f (new) 5 f. Calls therefore on the Committee on International Trade, as the committee responsible, to propose that the European Parliament decline its consent;
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1 a. Stresses that Western Sahara is a separate and distinct territory in relation to any State, including the Kingdom of Morocco, according to the EU Court of Justice; insists therefore that this fundamental aspect of the ECJ ruling is taken into account in the agreement, including in its implementation at technical level;
source: 629.610
2018/11/09
INTA
173 amendments...
Amendment 1 #
Motion for a resolution Citation 9 a (new) – having regard to the United Nations General Assembly Resolution 2625 on the right and definition of the people or the authority and legitimacy to represent the people;
Amendment 10 #
Motion for a resolution Recital B B. whereas on 10 December 2015 the first instance of the Court repealed the Council decision to conclude the Liberalisation Agreement; whereas the Council, unanimously on February 19, 2016, appealed this judgment;
Amendment 100 #
Motion for a resolution Paragraph 7 7. Believes that the EU tariff preferences tha
Amendment 101 #
7. Believes that the EU tariff preferences have had a positive impact on the agricultural and fisheries products sectors and their export levels in the non- autonomous territory of Western Sahara; but however remains cautious that these must produce local value added and provide decent work to the local population.
Amendment 102 #
Motion for a resolution Paragraph 7 7. Believes that the EU tariff preferences have had a positive impact on the agricultural and fisheries products sectors and their export levels in the
Amendment 103 #
Motion for a resolution Paragraph 7 7. Believes that the EU tariff preferences have had a positive impact on the agricultural and fisheries products
Amendment 104 #
Motion for a resolution Paragraph 7 7. Believes that the EU tariff preferences have had a positive impact on the agricultural and fisheries products sectors and their export levels in the non-
Amendment 105 #
Motion for a resolution Paragraph 7 a (new) 7a. Warns of the environmental risks, for example for water resources, entailed by intensive, uncontrolled and export- oriented development of agricultural production in Western Sahara, as highlighted by the European Commission;
Amendment 106 #
Motion for a resolution Paragraph 8 8. Is convinced that, notwithstanding the outcome of the peace process, the
Amendment 107 #
Motion for a resolution Paragraph 8 8.
Amendment 108 #
Motion for a resolution 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 effects created in terms of investment in infrastructure, employment, health and education;
Amendment 109 #
Motion for a resolution Paragraph 9 Amendment 11 #
Motion for a resolution Recital C C. whereas the CJEU General Court in its judgment of 21 December 2016 determined that the Liberalisation Agreement did not provide a legal basis for Western Sahara to be included, and
Amendment 110 #
Motion for a resolution Paragraph 9 9. Acknowledges the existing investment in the renewables sector and the circular economy, such as in the seawater desalination plant
Amendment 111 #
Motion for a resolution Paragraph 9 9. Acknowledges the existing investment in the renewables sector and the circular economy, such as in the seawater desalination plant
Amendment 112 #
Motion for a resolution Paragraph 9 9. Acknowledges the existing investment in the renewables sector and the circular economy, such as in the seawater desalination plant,
Amendment 113 #
Motion for a resolution Paragraph 9 9. Acknowledges the existing investment in green technologies, the renewables sector and the circular economy, such as in the seawater desalination plant, and encourages further work in this direction;
Amendment 114 #
Motion for a resolution Paragraph 10 10.
Amendment 115 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on Morocco to guarantee that the benefits from tariff preferences to products from the non-autonomous territory of Western Sahara are locally reinvested and benefit its local populations ;
Amendment 116 #
Motion for a resolution Paragraph 11 11. Endorses business initiatives by young Sahrawis, many of whom are women, and highlights their need for extended export opportunities in order to allow for further investment in sectors with high employment demand, such as agriculture, fisheries and infrastructures;;
Amendment 117 #
Motion for a resolution Paragraph 11 11.
Amendment 118 #
Motion for a resolution Paragraph 11 11. Endorses business initiatives by young Sahrawis, many of whom are women, and highlights their need for extended export opportunities and legal certainty in order to allow for further investment in sectors with high employment demand;
Amendment 119 #
Motion for a resolution Paragraph 12 Amendment 12 #
Motion for a resolution Recital C C. whereas the CJEU General Court in its judgment of 21 December 2016 determined that the Liberalisation Agreement did not provide explicitly a legal basis for Western Sahara to be included, and therefore could not apply to this territory;
Amendment 120 #
Motion for a resolution Paragraph 13 Amendment 121 #
Motion for a resolution Paragraph 13 13. Warns of the adverse effects of a permanent withdrawal of tariff preferences on products from the non-autonomous territory of Western Sahara, and the message this sends to the younger generation investing or willing to invest in the area, 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 122 #
Motion for a resolution Paragraph 13 13. Warns of the adverse effects
Amendment 123 #
Motion for a resolution Paragraph 13 13. Warns of the adverse effects of a permanent withdrawal of tariff preferences on products from the non-autonomous 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 other regions
Amendment 124 #
Motion for a resolution Paragraph 13 13. Warns of the adverse effects of
Amendment 125 #
Motion for a resolution Paragraph 14 Amendment 126 #
Motion for a resolution Paragraph 14 Amendment 127 #
Motion for a resolution Paragraph 14 14. Is convinced that
Amendment 128 #
Motion for a resolution Paragraph 14 14. Is convinced that an EU presence through trade and investment is preferable to withdrawal when it comes to engagement in promoting and monitoring of human rights and individual freedoms, and demands a rigorous dialogue with Morocco part on these issues;
Amendment 129 #
Motion for a resolution Paragraph 14 14. Is convinced that an EU presence through trade and investment is
Amendment 13 #
Motion for a resolution Recital D D. whereas paragraph 106 of the judgment states that the people of Western
Amendment 130 #
Motion for a resolution Paragraph 14 14. Is convinced that an EU presence
Amendment 131 #
Motion for a resolution Paragraph 14 a (new) 14a. Reminds that other parts of the world, taking a less ambitious approach in sustainable development, high labour and social standards as well as human rights are knocking on the door for new trade opportunities and will gain increased influence where the EU withdraws;
Amendment 132 #
Motion for a resolution Paragraph 15 Amendment 133 #
Motion for a resolution Paragraph 15 Amendment 134 #
Motion for a resolution Paragraph 15 Amendment 135 #
Motion for a resolution Paragraph 15 a (new) 15a. 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; in relation to the border treaties between Morocco and Western Sahara; and towards the obligation to respect the “separate and distinct" nature of Western Sahara in relation to Morocco, affirmed by the European Court of Justice, which would require the preservation of the integrity of Western Sahara;
Amendment 136 #
Motion for a resolution 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
Amendment 137 #
Motion for a resolution Paragraph 17 17. Recalls that, since the CJEU judgment, Member States cannot legally apply trade preferences to products from the non-
Amendment 138 #
Motion for a resolution 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 139 #
Motion for a resolution Paragraph 18 Amendment 14 #
Motion for a resolution 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 and therefore, failing a further agreement, implementation of this agreement cannot be extended to the territory of Western Sahara;
Amendment 140 #
Motion for a resolution Paragraph 18 18.
Amendment 141 #
Motion for a resolution Paragraph 18 18.
Amendment 142 #
Motion for a resolution Paragraph 18 18. Is deeply concerned that until now it
Amendment 143 #
Motion for a resolution Paragraph 18 18.
Amendment 144 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls for the inclusion of a specific detailed mechanism for tracing products from the territory of Western Sahara, which will enable products to be identified as called for in point 1 of Annex I to said agreement (2018/0257 (NLE)), and thus, from the viewpoint of the judgment of the Court of Justice of the European Union, render it more lawful; emphasises that this mechanism has to be introduced into the agreement prior to its ratification by the European Parliament;
Amendment 145 #
Motion for a resolution 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 146 #
Motion for a resolution Paragraph 18 a (new) 18a. Highlights that, without this agreement in force, including the mechanism allowing identification of products at the time of import, it will be impossible to know whether, and how many, products originating in the non- self-governing territory of Western Sahara are entering the European market;
Amendment 147 #
Motion for a resolution 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 148 #
Motion for a resolution Paragraph 19 19.
Amendment 149 #
Motion for a resolution Paragraph 19 19. Emphasises that a key criterion for Parliament is to ensure that there will be a mechanism in place to
Amendment 15 #
Motion for a resolution 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 150 #
Motion for a resolution Paragraph 19 19.
Amendment 151 #
Motion for a resolution Paragraph 19 19. Emphasises that a key criterion for
Amendment 152 #
Motion for a resolution Paragraph 19 19. Emphasises that a key criterion for Parliament
Amendment 153 #
Motion for a resolution 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
Amendment 154 #
Motion for a resolution Paragraph 19 19. Emphasises that a key criterion for Parliament is to ensure that there will be a mechanism in place to technically
Amendment 155 #
Motion for a resolution Paragraph 19 19. Emphasises that a key criterion for Parliament is to ensure that there will be a mechanism in place to technically trace
Amendment 156 #
Motion for a resolution Paragraph 19 19. Emphasises that a key criterion for Parliament is to ensure that there will be a mechanism in place to
Amendment 157 #
Motion for a resolution Paragraph 19 a (new) 19a. Emphasises that the implementation of the disposition agreed between the EU and Morocco of annual mutual exchange of information and statistics concerning products covered by the Exchange of Letters is necessary to evaluate the scope of the Agreement and its impact over development and local populations;
Amendment 158 #
Motion for a resolution Paragraph 19 a (new) 19a. Stresses that such mechanism shall allow for the identification of the origin of the different products originating in Western Sahara at the time of import to the EU;
Amendment 159 #
Motion for a resolution Paragraph 19 b (new) 19b. Calls upon the Commission to ensure full and good use of the corrective measures foreseen in the Agreement in order to secure the accurate implementation to achieve its objectives ;
Amendment 16 #
Motion for a resolution Recital D a (new) Da. whereas on Article 69 of its judgment in the case brought by the Frente Polisario against the EU Council over the application of the EU-Morocco Fisheries Agreement to Western Sahara, the Court concluded that "it follows from the foregoing considerations that the Partnership Agreement and the 2013 Protocol must be interpreted in accordance with the rules of international law binding on the Union and applicable in the relations between the Union and the Kingdom of Morocco. In this sense, the territory of Western Sahara, and the waters adjacent to the territory, do not fall within the respective territorial scope of this Agreement and Protocol",
Amendment 160 #
Amendment 161 #
Motion for a resolution Paragraph 20 Amendment 162 #
Motion for a resolution 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
Amendment 163 #
Motion for a resolution 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 164 #
Motion for a resolution Paragraph 21 Amendment 165 #
Motion for a resolution Paragraph 21 21. Encourages the EU and Morocco to return swiftly to good trade relations
Amendment 166 #
Motion for a resolution Paragraph 21 21. Encourages the EU and Morocco to return swiftly to good trade relations, to unlock the ratification of the Agreement on GIs and to aim for progress in the DCFTA negotiations;
Amendment 167 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses that this agreement does not imply any recognition of Morocco’s sovereignty over Western Sahara and underlines the EU's support for the UN efforts to secure a fair, lasting and mutually acceptable settlement of the Western Sahara conflict, on the basis of the right to self-determination of the people of Western Sahara and in accordance with the relevant UN resolutions;
Amendment 168 #
Motion for a resolution Paragraph 21 a (new) 21a. Calls on the European Court of Justice to issue a legal opinion assessing whether the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco is complying with international and European law and with the 21 December 2016 European Court ruling;
Amendment 169 #
Motion for a resolution 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 17 #
Motion for a resolution Recital E E. whereas operators can still export to the European Union from Western Sahara, but since 21 December 2016 tariff preferences do not apply to products originating from this territory, with adverse effects for the population living in Western Sahara;
Amendment 170 #
Motion for a resolution Paragraph 21 b (new) 21b. Suggests that the European Parliament could ask the CJEU for an opinion about the agreement and its conformity with law;
Amendment 171 #
Motion for a resolution Paragraph 21 b (new) 21b. Proposes that the European Parliament decline its consent;
Amendment 172 #
Motion for a resolution Paragraph 21 c (new) 21c. Believes that the European Parliament should reject the agreement as long as it does not have the free and informed consent from the people of Western Sahara;
Amendment 173 #
Motion for a resolution Paragraph 22 22. Instructs its President to forward this resolution to the Council, the Commission
Amendment 18 #
Motion for a resolution Recital F F. whereas the
Amendment 19 #
Motion for a resolution Recital F F. whereas there is
Amendment 2 #
Motion for a resolution Citation 9 a (new) – having regard to the Charter of the United Nations, in particular to its Article 73 in Chapter XI regarding Non-Self- Governing Territories
Amendment 20 #
Motion for a resolution Recital F F. whereas there is
Amendment 21 #
Motion for a resolution 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 22 #
Motion for a resolution Recital G Amendment 23 #
Motion for a resolution Recital G G. whereas, following the CJEU judgment, the Council gave the Commission a mandate to modify the Liberalisation Agreement in order to allow for the inclusion of Western Saharan products; whereas their inclusion by definition necessitates some form of traceability to identify such products
Amendment 24 #
Motion for a resolution Recital G G. whereas, following the CJEU judgment, the Council gave the Commission a mandate to modify
Amendment 25 #
Motion for a resolution Recital G a (new) Ga. whereas in order to allow the parties to assess the impact of the agreement on sustainable development affecting the people concerned and the exploitation of natural resources, there must be specific mechanisms for exchanging information and evaluating such effects
Amendment 26 #
Motion for a resolution Recital G a (new) Ga. whereas ensuring the Agreement complies with the judgment of the Court of Justice of the European Union of 21 December 2016 in Case C-104/16P is essential;
Amendment 27 #
Motion for a resolution Recital H H. whereas the Commission and the European External Action Service (EEAS) claims to have consulted elected officials and public opinion in Western Sahara but most of those officials were elected in elections organised by Morocco in occupied Western Sahara without any legal basis according to international law; whereas this so-called consultation was conducted in Rabat and in Brussels, and not in Western Sahara, therefore making impossible for the Commission to credibly take into account the will of the Sahrawi people;
Amendment 28 #
Motion for a resolution Recital H H. whereas the Commission and the European External Action Service (EEAS) consulted
Amendment 29 #
Motion for a resolution Recital H H. whereas the Commission and the European External Action Service (EEAS) held consult
Amendment 3 #
Motion for a resolution 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 30 #
Motion for a resolution Recital H H. whereas the Commission and the European External Action Service (EEAS)
Amendment 31 #
Motion for a resolution Recital H H. whereas the Commission and the European External Action Service (EEAS) consulted
Amendment 32 #
Motion for a resolution Recital H a (new) Ha. whereas 83% of the associations or groups of civil society which according to the Commission were consulted, have complained that they have never been asked to participate, or have not participated, in any consultation process; whereas the Commission has consulted nevertheless Moroccan elected officials and economic operators and four Moroccan civil society organizations;
Amendment 33 #
Motion for a resolution 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 34 #
Motion for a resolution Recital I Amendment 35 #
Motion for a resolution 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 36 #
Motion for a resolution Recital I I. whereas a Parliament fact finding delegation visited for two days in September only the part of Western Sahara occupied by Morocco, but not the one controlled by the Polisario Front nor visited the refugee camps were more than 173 000 Sahrawis live; whereas Parliament considered it necessary to go and assess the situation at first hand and gain an understanding of the
Amendment 37 #
Motion for a resolution 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; and recalled the conclusions of the fact-finding INTA mission to the territory on September 2nd and 3rd, 2018;
Amendment 38 #
Motion for a resolution Recital I a (new) Ia. whereas paragraph 26 of the opinion of the legal sector of the European Parliament of 13 September 2018 states it is difficult to be able to confirm the robustness of the consultation process undertaken by the Commission in regard to the opinion of the Court of Justice of the European Union on consent;
Amendment 39 #
Motion for a resolution Recital J J. whereas the modification of the Liberalisation Agreement,
Amendment 4 #
Motion for a resolution Citation 12 a (new) – having regard to its Legal Service opinion (SJ-0506-18)
Amendment 40 #
Motion for a resolution Recital J J. whereas the modification of the Liberalisation Agreement
Amendment 41 #
Motion for a resolution Recital J J. whereas the modification of the Liberalisation Agreement
Amendment 42 #
Motion for a resolution Recital J J. whereas the modification of the Liberalisation Agreement
Amendment 43 #
Motion for a resolution Recital J J. whereas the modification of the Liberalisation Agreement
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 45 #
Motion for a resolution Recital J a (new) Ja. whereas there is a more than forty year-long conflict in the area, following the end of the Spanish colonialization of Western Sahara;
Amendment 46 #
Motion for a resolution Recital J b (new) Jb. whereas Western Sahara is considered by the United Nations as a non-decolonized territory;
Amendment 47 #
Motion for a resolution Recital J c (new) Jc. whereas the United Nations Security Council resolution 2440 (2018) has prolonged the MINURSO mandate for an additional six month period;
Amendment 48 #
Motion for a resolution 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
Amendment 49 #
Motion for a resolution 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
Amendment 5 #
Motion for a resolution Recital -A (new) -A. whereas the European Union and the Kingdom of Morocco keep historical relations, maintain a close cooperation developed through a broad partnership that covers political, economic and social aspects, as strengthened by the Advanced Status and the willingness of both parties to further develop it
Amendment 50 #
Motion for a resolution 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 of Western Sahara, but neither the EU nor its Member States do;
Amendment 51 #
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
Amendment 52 #
Motion for a resolution 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 the representative of the people
Amendment 53 #
Motion for a resolution Recital K a (new) Ka. 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; whereas under the EU-Morocco Agreement, the fleet of European Union countries has captured 324 584 tonnes of fish in four years, worth more than 300 million euros;
Amendment 54 #
Motion for a resolution 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 55 #
Motion for a resolution Recital K a (new) Ka. whereas the United Nations lists Western Sahara as a Non-Self-Governing Territory for the purposes of Article 73 of the Charter;
Amendment 56 #
Motion for a resolution Recital K a (new) Ka. whereas the territory of Western Sahara is recognised by the United Nations as a non-self-governing territory under international law;
Amendment 57 #
Motion for a resolution Recital K b (new) Kb. whereas regarding the fisheries, it is estimated that 83.7% of the catches obtained in the waters occupied by Morocco come from the area of Dakhla, in the Sahrawi waters, 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 3 188 Moroccan boats operate in front of 312 Sahrawi;
Amendment 58 #
Motion for a resolution Recital K c (new) Kc. whereas taking into account the judgment of the CJEU of 27 February 2018, only in fisheries the 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 sectorial support;
Amendment 59 #
Motion for a resolution Recital K d (new) Amendment 6 #
Motion for a resolution Recital A a (new) Aa. whereas Western Sahara is currently a Non-Self-Governing Territory pending decolonisation according international law; whereas a significant part of the territory is under the foreign military occupation of Morocco and divided by a military wall of more than 2,700 kilometres; whereas 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 implies a violation of Article 73 of the Charter of the United Nations and undermines a political solution of the conflict;
Amendment 60 #
Motion for a resolution 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 61 #
Motion for a resolution Paragraph 1 1. Recognises the two conditions set in the CJEU judgment, to explicitly mention Western Sahara in the Agreement text and to obtain the consent of the people
Amendment 62 #
Motion for a resolution Paragraph 1 1.
Amendment 63 #
Motion for a resolution Paragraph 1 1. Recognises the two conditions set in the CJEU judgment, to explicitly mention Western Sahara in the Agreement text and to obtain the consent of the people of Western Sahara, as well as the third criterion added by the Council
Amendment 64 #
Motion for a resolution Paragraph 1 1. Recognises the full applicability to the territory of Western Sahara of the two conditions set in the CJEU judgment, to explicitly mention Western Sahara in the Agreement text and to obtain the consent of the people, as well as the third criterion added by the Council which is the need to ensure that it benefits the local population;
Amendment 65 #
Motion for a resolution Paragraph 1 a (new) Amendment 66 #
Motion for a resolution Paragraph 1 a (new) 1a. Underlines that the EU and its Member States do not recognise Moroccan sovereignty over Western Sahara; stresses that the CJEU has confirmed the separate and distinct status of the territory of Western Sahara in relation to any state;
Amendment 67 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that any agreement between the EU and Morocco that covers Western Sahara must be entered explicitly under the condition that it is without prejudice to the Union's position on the future status of Western Sahara;
Amendment 68 #
Motion for a resolution Paragraph 1 a (new) 1a. Insists that the agreement conforms with the separate and distinct nature of Western Sahara in relation with Morocco and that it does not imply the recognition of Moroccan sovereignty over that territory;
Amendment 69 #
Motion for a resolution Paragraph 1 b (new) 1b. Recalls that any engagement with Western Sahara must be in line with the territory's status under international law;
Amendment 7 #
Motion for a resolution Recital A b (new) Ab. whereas under Article 21 of the Treaty of the European Union the EU and its Member States have the obligation to respect the principles of the United Nations Charter and international law; whereas the article 2 of the UN Charter includes the respect for the principle of self-determination of peoples; whereas under this principle, the Sahrawi people has the right to the permanent sovereignty over their natural resources and to the territorial integrity of Western Sahara;
Amendment 70 #
Motion for a resolution Paragraph 1 c (new) 1c. Recalls the Parliament's position in support of the UN efforts to secure a fair and lasting settlement of the Western Sahara conflict, on the basis of the right to self-determination of the Saharawi people and in accordance with the relevant UN resolutions;
Amendment 71 #
Motion for a resolution Paragraph 2 2.
Amendment 72 #
Motion for a resolution 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 73 #
Motion for a resolution Paragraph 2 2. Fully supports and encourages the ongoing peace process under the auspices of the Personal Envoy of the Secretary- General Horst Köhler
Amendment 74 #
Motion for a resolution Paragraph 3 3.
Amendment 75 #
Motion for a resolution 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
Amendment 76 #
Motion for a resolution Paragraph 3 3. Takes note of the
Amendment 77 #
Motion for a resolution 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
Amendment 78 #
Motion for a resolution Paragraph 3 a (new) 3a. Notes that products coming from the part of Western Sahara that is not under Moroccan control do not seem to benefit from any preferences under the agreement, which raises questions about the obligations of the EU and its Member States to respect the principle of territorial integrity as a part of the right to self- determination; expresses concerns of further reinforcing a division of the territory of Western Sahara in social and economic terms;
Amendment 79 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the European Commission to open negotiations with the Polisario Front whenever it wishes an agreement to be applicable to Western Sahara;
Amendment 8 #
Motion for a resolution Recital A c (new) Ac. whereas the application of the agreement only to the Sahrawi territory under Moroccan occupation aggravates the division of Western Sahara and contradicts international law, including the fundamental principle of territorial integrity;
Amendment 80 #
Motion for a resolution Paragraph 3 b (new) 3b. 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 of this amended agreement on the exercise of the right to self-determination of the Sahrawi people;
Amendment 81 #
Motion for a resolution Paragraph 3 c (new) 3c. Expresses its concern at the fact that the Commission was unable to provide reliable data on preferential imports of products from Western Sahara to support the claim that the agreement is beneficial for the territory, as the Commission recognizes that it is "generally impossible" distinguish Moroccan imports from imports from Western Sahara; highlights that the Commission admits that it can not distinguish between the Sahrawi and Moroccan populations in terms of employment benefits; affirms that, in the absence of sufficient comparative information, it is doubtful that the Commission can adequately assess the impact of the proposed new agreement;
Amendment 82 #
Motion for a resolution Paragraph 4 4. Stresses, on the basis of talks with various local economic actors
Amendment 83 #
Motion for a resolution Paragraph 4 4. Stresses, on the basis of talks with various local economic actors and elected and civil society representatives held in the territory or during meetings at the European Parliament, that
Amendment 84 #
Motion for a resolution Paragraph 4 4. Stresses, on the basis of talks with various local economic actors and elected and civil society representatives held in the territory or during meetings at the European Parliament, that
Amendment 85 #
Motion for a resolution Paragraph 4 4.
Amendment 86 #
Motion for a resolution Paragraph 4 4. Stresses, on the basis of talks with various local
Amendment 87 #
Motion for a resolution Paragraph 4 a (new) 4a. Notes that the Commission and the EEAS kept the negotiation rounds about the agreement in Rabat and Brussels, this despite the EU and its Member States not recognising Moroccan sovereignty over Western Sahara and despite the separate and distinct status of Western Sahara;
Amendment 88 #
Motion for a resolution Paragraph 5 Amendment 89 #
Motion for a resolution Paragraph 5 5. Recalls that the CJEU
Amendment 9 #
Motion for a resolution Recital A d (new) Ad. whereas political, economic and commercial interests can never be beyond the respect and guarantee of human rights and international law; whereas the human rights violations that occur both in Occupied Western Sahara and in Morocco, contravenes the human rights clause, which is considered in legal terms as an essential element of trade agreements ratified by the European Union;
Amendment 90 #
Motion for a resolution Paragraph 5 5. Recalls that the CJEU
Amendment 91 #
Motion for a resolution Paragraph 5 5. Recalls that the CJEU did not specify in its judgment how the people’s consent has to be expressed
Amendment 92 #
Motion for a resolution Paragraph 5 5. Recalls that the CJEU did not specify in its judgment how the people’s consent has to be expressed
Amendment 93 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses the criticism against the consultation process carried out by the Commission and the EEAS; notes that a large share of the stakeholders that the Commission referred to as being consulted rejected taking part or were not invited; notes that close to one hundred Saharawi civil society groups have protested against the agreement and criticised the consultation process; notes that the UN recognised representative of the people of Western Sahara, the Polisario Front, has objected to the proposed agreement;
Amendment 94 #
Motion for a resolution Paragraph 6 Amendment 95 #
Motion for a resolution Paragraph 6 6.
Amendment 96 #
Motion for a resolution Paragraph 6 6.
Amendment 97 #
Motion for a resolution Paragraph 6 6. Recognises th
Amendment 98 #
Motion for a resolution Paragraph 6 a (new) 6a. Notes that about 59 000 jobs are estimated to depend on exports, corresponding to roughly 10% of the population living in the territory;
Amendment 99 #
Motion for a resolution Paragraph 7 source: 630.461
2018/11/12
PECH, PECH
16 amendments...
Amendment 10 #
Motion for a resolution Paragraph (AM 5) Emphasises that a
Amendment 11 #
Motion for a resolution Paragraph (AM 5) Emphasises th
Amendment 12 #
Motion for a resolution Paragraph (AM 5) Emphasises that a pre-condition for the Parliament to give its consent to the agreement is
Amendment 13 #
Motion for a resolution Paragraph (AM 6) Underlines the need for legal certainty for EU fishermen operating in the waters adjacent to Western Sahara;
Amendment 14 #
Motion for a resolution Paragraph 18 Is deeply concerned that is basically impossible to identify which products are exported from the non-autonmous territory of Werten Sahara
Amendment 15 #
Motion for a resolution Paragraph Recalls the CJEU judgment of the 21st of December 2016 (Case C-104/16 P) stating that the agreement should benefit to the local population. Regarding the fisheries products, those benefits should be proportional to the catches in the concern area. Saharawi population should be associate to a monitoring committee on EU sectorial support. The benefits from the agreement should be manage directly by the local authorities of the Western Sahara and not through the national budget.
Amendment 16 #
Motion for a resolution Paragraph Notes that under the agreement, “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, and hence that fishery products processed in the part of Western Sahara outside Moroccan control may not benefit from tariff preferences; expects the Commission to clarify the territorial scope of the agreement and to ensure that fishing sector operators in and fishery products from the part of Western Sahara outside Moroccan control are not discriminated as a result of this agreement
Amendment 17 #
Motion for a resolution Paragraph Notes with concern the inability of the Commission to provide reliable data on the volume of fishery products that benefited from undue preferential tariffs before the ruling of the European Court of Justice on the matter; recalls in this regard the admission in the Staff Working Document accompanying the agreement, that “the Moroccan figures for the value of exports of fishery products from Western Sahara are lower than the EU figures for imports”; considers that this situation raises serious questions with regard to the past monitoring by the Commission of the trade in fishery products originated in Western Sahara;
Amendment 18 #
Motion for a resolution Paragraph 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 19 #
Motion for a resolution Paragraph Deplores the legal uncertainty that followed the judgment of the Court of Justice of 21 December 2016; is concerned about the Commission's inability to provide reliable data on preferential imports of fishery products from Western Sahara that may have occurred since that date despite the judgment in question; questions the extent of the damage to the Union budget of any preferences granted without any valid legal basis during this period;
Amendment 20 #
Motion for a resolution Paragraph 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 21 #
Motion for a resolution Paragraph Calls therefore on the Committee on International Trade, as the committee responsible, to propose that the European Parliament decline its consent;
Amendment 22 #
Motion for a resolution Paragraph Invites the customs authorities of the Member States to implement all the mechanisms of administrative cooperation provided for in Title V of Protocol No. 4 in the event of doubts as to the actual source (Saharawi or Moroccan) of the goods presented for import;
Amendment 7 #
Motion for a resolution Paragraph (AM 4) Amendment 8 #
Motion for a resolution Paragraph (AM 4) Highlights that it would be feasible, also for the Moroccan or any other fleet, to identify what catches have been caught in waters adjacent to Western Sahara; calls, therefore, on the
Amendment 9 #
Motion for a resolution Paragraph (AM 5) source: 629.559
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INTA/8/13839
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Preparatory phase in ParliamentNew
Awaiting committee decision |
2018-06-30Show (5) Changes
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