Declaration by MEP Paloma Lopez of IU on the vote on the EU-Morocco Agreement


PUSL.- Statement on the vote regarding Schaake (A8-0471 / 2018) EU-Morocco Agreement on the amendment of Protocols 1 and 4 of the Euro-Mediterranean Agreement

I voted against this report because it fails to comply with the rulings of the CJEU regarding the recognition of Western Sahara as an independent territory of Morocco and the necessary consent of the Saharawi people on the use of their resources.

The abuse has been repeated. The Saharawi people are again victims of an illegal decision about their territory and resources. This agreement also violates the Council’s negotiating mandate to the Commission on respect for EU principles and Human Rights. Endorsing this agreement that violates International Law, the EU is delegitimized by interfering in the peace process and the resolution of the conflict in the terms established in the resolutions of the United Nations. Read more

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Statement of vote by MEP Ana Gomes (Socialist Party – Portugal) Vote on the EU-Morocco agreement on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement

Vote at the Strasbourg plenary session on the EU-Morocco agreement on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement

Ana Gomes (Socialist Party – Portugal)

I voted against this agreement. In consciousness. The right of self-determination of the people of Western Sahara is not negotiable in exchange for political-economic advantages. I support that Morocco benefits from a privileged partnership with the EU, but not at the expense of the rights of the Saharawi people.

The EU must respect International Law and the negotiation process within the framework of the United Nations. By approving this agreement, the European Union institutions violate the International Law and disrespect the Court of Justice of the EU (CJEU). The CJEU has explicitly stated that the consent of the people of the Sahara is necessary.

It is unacceptable to confuse the “people” with the “population”, which also includes Moroccan settlers. Morocco has no legitimacy to represent the Saharawi people and the EU cannot agree with Morocco on the interests of the Saharawi people. Read more

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Statement by the Portuguese Communist Party on Revision of the Association Agreement between the European Union and the Kingdom of Morocco– In 2016, the Court of Justice of the European Union declared the association agreement between the European Union and Morocco illegal. This illegality has to do with the territories of Western Sahara that are illegally occupied by the Moroccan army and whose resources are included in the agreement.

By determination of the court the European Union was forced to revise this agreement. But the review by the European Union runs counter to the court’s determination and constitutes an affront to United Nations resolutions. The consultation allegedly carried out in the occupied territories was a simulacrum leaving out those who are, under the United Nations, the only legitimate representatives of the Saharawi people. Read more

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List of MEPs who do not respect the CJEU and international law

PUSL.- Attached is the list of the votes on the Association Agreement between the European Union and the Kingdom of Morocco which took place this week.

PUSL found it necessary to publish the exhaustive list of Members by political group and country because of the serious consequences of this vote.

Regardless of personal or partisan opinion on the Western Sahara conflict, there was a decision by the Court of Justice of the European Union which was very clear as to the illegality of the inclusion of the territory of Western Sahara without the consent of the Saharawi People in the now-voted EU-Morocco agreement.

In fact, it was not only a judgment but three (links below) which thus joined the resolutions of the United Nations, the African Union, the Hague Tribunal and several international tribunals. Read more

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EP approves extension of trade agreement with Morocco to Western Sahara based on a lie and disrespecting the CJEU

PUSL.- The European Parliament approved today an amendment to the trade liberalization agreement between the European Union and Morocco in order to extend to Western Sahara the preferential treatment accorded to Moroccan products in clear disregard for the judgment of December 2016 of the Court of Justice of the The European Union (CJEU), which upheld a complaint by the Polisario Front (legitimate representative of the Saharawi people) and considered that the agreement concluded with Morocco – which came into force in 2013 – did not provide a legal basis for the inclusion of Western Sahara since the territory is distinct and separate from Morocco and therefore could not apply to this territory except with the consent of the Saharawi people.

In the clear intention of disregarding the judgment, the EU Council then gave the European Commission a mandate to change the liberalization agreement by means of an unwarranted maneuver and a “free” interpretation, changing the meaning of the judgment. To that end, the term “saharawi people” is replaced by the term “local population”, which includes the Moroccan settlers introduced by the occupying state after the invasion of the non-self-governing territory in 1975. The aim was to establish the appearance of a legal base that would allow the saharawi products the treatment and benefits applied by the EU to Moroccan products. The plunder of the Saharawi resources by Morocco is so significant that it justifies and finances a massive military presence in the occupied territories and the maintenance of the world’s largest separation wall (2720km). Read more

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The Polisario Front files a complaint to the Paris Court against a French company – Paris- The Polisario Front filed Tuesday afternoon a complaint before the public prosecutor of the Court of First Instance of Paris against the company “Chancerelle”, which exploits the brand of cannery “Connetable”, for “illegal” activity in the Sahrawi territory.

The Connetable cannery, located in France in Finistère, also sells sardines from Morocco which represents more than half of its activity . However, these sardines are actually fished “illegally” in Saharawi waters, said the representative of the Polisario Front in France, Bachir Oubbi Bouchraya, stating that the canned goods are shipped from the site of the company of Agadir in Morocco, “but all the fish comes from Saharawi waters “.

Last Wednesday, Chancerelle announced an investment of 4 million euros for the construction of a new sardine processing plant, in El-Aaiun, the capital of Western Sahara occupied by Morocco. Read more

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CJEU judgement: EU-Morocco fishery agreement cannot include Western Sahara

PUSL.- The Court of Justice of the European Union  (CJEU) has confirmed in it’s latest ruling published on 19th of July that Morocco has no sovereignty over Western Sahara and therefore the EU’s fisheries agreement with Morocco cannot be applied to the territory.

“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”.

This judgement referes to the case brought by the Frente Polisario against the EU Council over the application of the EU-Morocco Fisheries Agreement to Western Sahara in 2014 and confirms the two previous rulings of 21st December 2016 referring to the case presented by Polisario Front  and on 27th February 2018 the case of Western Sahara Campaign against the UK Government that was then referred by the UK High Court to the CJEU. Read more

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The Council votes on the Commission’s proposal for a decision amending the Euro-Mediterranean Agreement with the Kingdom of Morocco

PUSL.- On 16 July the Council adopted a decision on the extension of tariff preferences in the Association Agreement with Morocco in Western Sahara. According to the Commission, the decision is in line with the judgment of the Court of Justice of the EU on the liberalization agreement on agricultural and other products of 21 December 2016.
As a reminder, on 29 May 2017, the Council authorized the Commission to open negotiations with a view to providing a legal basis for granting preferences to products originating in Western Sahara following the judgment of 21 December 2016 in the case C-104/16 P 3, in which the Court of Justice of the European Union had ruled that the Association Agreement and the liberalization agreement concluded between the EU and Morocco did not apply to Western Sahara.
Two rounds of negotiations took place. The first was held on June 15 and 16, 2017, the second on July 18, 2017. The Chief Negotiators initiated the draft agreement on January 31, 2018.

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The Irish Senate approves a law that controls economic activity related to occupied territories

By a small vote difference (from 20 to 25), the Irish Senate passed a law banning the importation of goods from occupied territories.

The bill is unprecedented for an EU member state, but it is not yet law.

The Senate bill provides for a ban on trading goods and services originating in the occupied territories based on the 4th Geneva Convention for the Protection of Civilians in Time of War and under customary international humanitarian law.

This is the first bill of its kind in the EU. To become law, it must be ratified by the lower house of parliament. That is not likely to happen, as the ruling Fine Gael Irish government wants an EU response rather than unilateral measures. Read more

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Invasion of pirate ships in occupied Western Sahara .- Soon at least 200.000 tones of phosphates will be shipped outside of Western Sahara, worth more than $25 million. There is no information regarding the consent of landowners, The Saharwis, on the selling of this phosphate by OCP a Moroccan company. The absence of consultation and consent of the Sahrawi people makes this operation illegal. The first 50,000 tones of phosphate are currently loaded into the Bulk Carrier Triton Swan moored at dock. 4 other bulk carriers are waiting at anchor south of the port.

The 4 bulk carriers in question are as follows, detailed by the order of their arrival off El Aaiun.

Triton Swan, IMO 9632985, sails under a Panama flag, its dead weight is 61457 tones, arrived on February 15th coming from Fos sur mer (France) after calling at Gibraltar. According to available information it is owned by Triton Navigation – Amsterdam, Netherlands.

African Sunbird, IMO 9397884, sails under a Panama flag, its dead weight is 55688 tones,

Rotterdam (Pays-Bas) arrived on February 22 coming from de Rotterdam (Netherlands) after calling at Las Palmas (Spain) his owner seems to be Misuga Kaiun – Tokyo, Japan.

Ultra Passion, IMO 9811907, sails under a Panama flag, its dead weight is 63472 tones it arrived on February 27th coming from Oran (Algeria) Via Las Palmas. His owner is Ultrabulk A/S, Denmark.

Zeyno 9700421, sails under a Malta flag. its dead weight is 63064 tones. It arrived February 27th coming from Fos sur mer (France). His owner is Gsd Denizcilik Gayrimenkul, Turkey.

Bi Jia Shan, IMO 9632272, , sails under a Hong Kong flag . Its dead weight is 56625 tones. It arrived on March 14th coming from Civitavecchia (Italy) via Las Palmas. Its owner and operator is China Shipping International Ship management Co, Shanghai, China. Read more

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The decision of the CJEU is received with joy by the Saharawis in the occupied territories

Hmad Hamad, Vice-President of CODAPSO, expressed the feeling of justice and joy felt by the Saharawi population in the occupied territories, knowing that the ECJ once again publishes a decision stating clearly that Morocco can not sell the natural resources of Western Sahara in this case, fish.

Hmad Hamad:

February 27, 2018 is a very special and very great day at the same time, it is the day of the celebration of the proclamation of our nation and there is no better gift for us than the decision of the European Court of Justice that stopped the systematic robbery of Saharawi natural resources and destruction of the marine fauna in the territory of Western Sahara, making it clear that Morocco has no link with our land.

We feel the closeness of the world and a deep sense of strength to finally be able to stop the machine of the Moroccan looting and its henchmen, in fact, we will not stop now, but instead we have to continue fighting with arguments and with justice to paralyze all activities carried out illegally by the Moroccan State in the occupied territory of Western Sahara. In this way, we will open the closed doors for the realization of our nation’s self-determination and independence. Read more

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