Udenrigsudvalget 2016-17
URU Alm.del Bilag 136
Offentligt
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20. marts 2017
Emne:
Spain confirms: EU-Morocco trade deal not for Western Sahara goods
Dear Ane Halsboe-Jørgensen,
I would appreciate if you could circulate this important info among the
members of the Foreign Affairs Committee.
Please find:
Spain confirms: EU-Morocco trade deal not for Western Sahara
goods
http://www.wsrw.org/a105x3780
The Spanish government in a statement yesterday confirmed the EU court's
judgement that Western Sahara goods are not covered by the EU-Morocco
trade deal. Spain states it is up to France to make sure the controversial trade
of fish oil from 'Key Bay' vessel was properly tariffed.
Printer version
Published: 17.03 - 2017 15:39
On 16 March 2017,
the Spanish government explicitly stated
that products from Western
Sahara are not covered by the EU-Morocco trade agreements.
The consequences of this, is that cargoes such as the fish oil which was on board a vessel
that stopped over on the Canary Islands in January 2017 cannot be granted tariff
reduction. After bunkering in Las Palmas, the chemical tanker 'Key Bay' sailed to France,
where she discharged the entire cargo of fish oil, destined to the importer Olvea.
As the vessel stopped over in Las Palmas, the vessel was
boarded by Spanish police and
harbour authorities.
The Spanish government confirmed yesterday that the information it
collected have thus been communicated to French customs (presumably confirming
WSRW's doubts on the validity of the export documents), and that it is now up to France to
take its responsibility.
This is, to WSRW's knowledge, the first public statement from Madrid on the non-
 URU, Alm.del - 2016-17 - Bilag 136: Henvendelse af 20. marts 2017 fra Polisario om handel med varer fra Vestsahara
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applicability of the EU-Morocco trade agreements to products from Western Sahara. In the
absence of a discussion in the European Council and of European Commission instructions
on the implementation of the CJEU ruling, EU member states seem divided on how to deal
with Western Sahara goods.
The 'Key Bay' affair was the first confirmed transport of fish products into the EU after the
landmark
judgement on 21 December 2016, of the Court of Justice of the EU
which ruled
that Western Sahara products cannot be covered by the EU-Moroccan trade agreements.
The ruling was in line with the opinion of Northern European states. However, the EU,
with pressure from France, has until now treated goods from Western Sahara as if they
were Moroccan. France, alongside Spain, is an important importer of both fisheries and
agriculture products made in the territory under Moroccan occupation. France is also the
state in the UN Security Council that backs up Morocco in all aspects of the occupation,
including in preventing the UN forces to report on human rights violations in the territory.
France last year also prevented the Security Council to enforce a return of UN troops
unilaterally kicked out of Western Sahara by Morocco.
The question about the Spanish government's position on the imports fish products was
first
submitted by the Spanish member of Congress Jorge Luis Bail
of the Spanish party
Unidos Podemos/EQUO on 18 January 2017.
The text below is our unofficial English translation of the complete answer.
Answer from the Government (16.03.2017)
Question 184/6803 18/01/2017 15326
[Submitted by] Jorge Luis Bail (GCUP-ECP-EM)
The CJEU judgement of 21st December 2016 only establishes that the commercial benefits
granted to Morocco by the Euro-Mediterranean Agreements are not applicable to
Western Sahara, given that it is not part of the territory of the Kingdom of Morocco.
The Agreements, foresee the reduction or exemption of the custom duties. Their
implementation is competence of the custom authorities of the Member State that receives
the application to import the goods.
Hence, there is no custom limit to the free circulation of these products within the EU
territory. It is thus impossible to adopt any precautionary or definitive measures
regarding the vessel or its cargo.
Nonetheless, in order to assure that the Agreement was correctly implemented, and
taking into account the CJEU judgement, we informed the custom authorities in France
and Denmark, countries of destination of the shipment, of the proven facts, in the
framework of mutual assistance in customs of the EU Member States.
In addition to that, in case the vessel or its cargo were affected by other non-customary
limitations, the corresponding court was also informed of the facts.
Regards,
 URU, Alm.del - 2016-17 - Bilag 136: Henvendelse af 20. marts 2017 fra Polisario om handel med varer fra Vestsahara
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Malainin
--
THE REPRESENTATION OF FRENTE POLISARIO
( WESTERN SAHARA) IN DENMARK
Email
[email protected]
Tlf
(+45) 38887674
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Western Sahara ( VESTSAHARA)
Africa's last colony
In 1963, the United Nations (UN) included Western Sahara in the list of countries to be decolonized and asserted the
right of the Saharawi people to self-determination. In 1966 the UN, for the first time, passed a resolution calling for this
self-determination to be exercised by a referendum. On 31 October 1975, Morocco and Mauritania invaded Western
Sahara as Spain (the former colonial power) looked on. The Saharawi people were expelled from their homes by force,
including the use of napalm. In 1991 the United Nations brokered a ceasefire and agreed to organize a referendum in
which the Saharawi people could vote on the future of Western Sahara. Morocco still refuses to allow UN sponsored
referendum to take place.