11EU-Morocco Fisheries Partnership Agreement
Summary and Committee’s conclusions
11.1Last year, the Commission proposed changes to the Fisheries Partnership Agreement (FPA) between the EU and Morocco with a view to revising the conditions for exploitation of Moroccan waters by EU vessels and to resolving questions over the application of the agreement to the Western Sahara following two European Court of Justice (CJEU) Grand Chamber cases.70 These cases decided that the EU-Morocco Association Agreement (which provides for fish and fish products to be imported into the EU from Morocco at reduced or no duty subject to a tariff quota) and the FPA did not apply to the Western Sahara. Both cases interpreted the relevant agreements in accordance with the rules of international law which require: (a) recognition that the people of Western Sahara are entitled to self-determination; and (b) that obligations can only be imposed upon states (in this case Western Sahara) with their consent.
11.2At our meeting of 14 November 2018, we concluded that there remained a question as to whether the consultation exercise undertaken to support these proposals on the FPA meet the underlying objections of the CJEU, which centred on respect for the principle of self-determination and respect for the principle of the relative effect of treaties. While we cleared the proposals from scrutiny in advance of adoption, we requested further information on the preparations underway to reach agreement between the UK and Morocco on the future economic relationship, including fisheries. We asked that the information provided extend to what consideration the Government has given to any need for the UK to engage in consultation with the people of Western Sahara.
11.3In response, the Minister for Agriculture, Fisheries and Food (George Eustice MP) says71 that the EU consulted a wide spectrum of Western Saharan representatives, stakeholders, civil society, and other organisations. The Government’s view is that the European Commission took all practicable steps to consult those affected by the new fisheries deal, but notes that the UK is not in a position to judge whether this meets the standard required by the CJEU case. This, says the Minister, can only be determined by the courts.
11.4The UK is committed to mutually beneficial economic cooperation with Morocco, explains the Minister, and is keen to develop trade and investment ties further. It is working with the Moroccan Ministry of Foreign Affairs to ensure stability and continuity in the UK-Morocco trading relationship post-Brexit.
11.5With specific regard to Western Sahara, the Minister repeats the UK’s longstanding position that it considers the status of Western Sahara as undetermined, and it supports UN-led efforts to reach a lasting and mutually acceptable political solution that provides for the self-determination of the people of Western Sahara. He adds that the Government is of course cognisant of the need to engage with the people of Western Sahara as necessary, but contends that it is too early to comment on what form those engagements will take.
11.6The Government will work closely with the UK fishing industry to ascertain the level of interest in fishing in the area post-exit.
11.7We note the Minister’s response. While we consider that the question remains as to whether the consultation exercise undertaken to support these proposals on the FPA meet the underlying objections of the CJEU as regards respect for the self-determination of Western Sahara, we accept the Minister’s contention that this will only be resolved by further litigation.
11.8We note the Government’s commitment to mutually beneficial economic cooperation and its cognisance of the need to engage with the people of Western Sahara as necessary.
11.9The documents have already been cleared from scrutiny and we require no further information.
Full details of the documents
(a) Proposal for a Council Decision on the signing, on behalf of the Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement: (40107), 12863/18 + ADD 1, COM(18) 677;
(b) Proposal for a Council Decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement: (40108), 12864/18 + ADD 1, COM(18) 678;
(c) Proposal for a Council Regulation on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto: (40109), 12865/18, COM(18) 679.
Previous Committee Reports
Forty-fourth Report HC 301–xliii (2017–19), chapter 19 (14 November 2018); see also, in respect of the amendment of the Association Agreement, Thirty-eighth Report HC 301–xxxvii (2017–19), chapter 33 (12 September 2018).
70 Case C-973/2006P. and Case C-266/16.
71 Letter from George Eustice MP to Sir William Cash MP dated 20 January 2019 (received 23 January 2019).
Published: 12 February 2019