Dáil Éireann Debate, Tuesday - 10 February 2026
274. Deputy Eoin Ó Broin asked the Minister for Foreign Affairs and Trade whether her Department has raised legal concerns with the European Commission regarding the plan to designate humanitarian assistance as a benefit accrued under a trade agreement in the case of the amendments to the EU-Morocco Association Agreement; and if she will make a statement on the matter. [10346/26]
View answerOn 4 October 2024, the Court of Justice of the European Union upheld the ruling of the General Court of 29 September 2021 annulling a 2019 Council decision approving the 2018 agreement in the form of an exchange of letters between the European Union and the Kingdom of Morocco.
The Court set a deadline of 4 October 2025, in that it maintained the effects of the Council Decision until that date. The Commission thus worked to negotiate a new agreement between the EU and Morocco by that date. During discussions at working level in Brussels on the new agreement, Ireland registered significant concerns with the Commission’s handling of this process, from both procedural and substantive perspectives, including about the control mechanism intended to enable verification that the benefit granted to the people in question under that agreement is correctly received. Ireland also asked the Commission to provide clarity on a number of points including in relation to the envisaged increase in humanitarian aid.
As the Deputy is aware, the EU and Morocco signed a new Agreement on 3 October 2025 and its provisional application began.
A Declaration of the EU, made when the new Agreement was signed, commits the EU, in accordance with the 2024 Court judgment, and in order to provide specific, tangible, substantial and verifiable benefits for the people of Western Sahara, to first provide funding for the region focusing on key sectors, in line with the principle of sustainable development. The joint assessment mechanism provided for in the new Agreement will, the Declaration states, be implemented by the parties. In the Declaration the EU goes on to commit that at the same time, it will increase its humanitarian aid to the Tindouf camps. This aid will be channelled through relevant EU and UN mechanisms, and will be subject to the same operational arrangements that have always been in place for humanitarian action. Moreover, the EU will support suitable programmes in sectors such as education, culture and skills. The Declaration further notes that a regular control mechanism will be established in accordance with the above-mentioned Court judgment, including the joint assessment mechanism.
The process towards adoption of a Council Decision on the conclusion on behalf of the EU of the new Agreement with Morocco has not yet reached its conclusion; the next step requires the consent of the European Parliament.
Ireland continues to advocate for high levels of EU humanitarian assistance that is principled and needs-based and our strong focus on forgotten and underfunded crises will continue during Ireland's EU Presidency. The European Union has contributed to humanitarian aid operations in support of Saharawi refugees since 1993, allocating over €306 million to UN agencies and NGOs. In 2025, the EU committed €9 million in humanitarian funding to the Tindouf camps.
The principles of humanity, neutrality, impartiality and independence are fundamental to humanitarian action. Ireland believes that those principles should be applied to all humanitarian assistance provided globally, including EU assistance.
Throughout the process, Ireland has made clear our view that the compatibility of the Agreement with the fundamental principle in international law of the right of peoples to self-determination should be paramount in the implementation of the EU-Morocco Agreement.
