WRITTEN QUESTION P-2748/00

by Luisa Morgantini (GUE/NGL) to the Commission

(2 August 2000)

Subject: Irregularity of the EC-Israel Agreement

In 1998, Israel confirmed to the European Commission its official policy and regular practice of certifying products wholly produced or substantially processed in Israeli settlements located in the territories occupied by Israel since 1967 as originating in the State of Israel. On the occasion of the Parliament's 2 March plenary debate on the Irregular application

of EC-Israel Trade Agreement, Israel's mission to the EC reiterated this position publicly. It stated that the borders of the State of Israel are nowhere defined in the EC-Israel Agreements, and that Israel defines its territoriality according to national law and issues certificates of origin accordingly. As noted in the Commission's May 1998 Communication(1), Israel's national law annexes substantial parts of the territories it occupied in 1967, provides for the establishment of Israeli settlements and incorporates the occupied territories within Israel's international trading jurisdiction. Israel's policies of annexation and settlement, and the Israeli legislation through which they are implemented, are held by the international community, including the European Union and all Member States, to be clear and serious violations of international law.

In March the Commission informed us that Israel's interpretation of the territorial clauses of its agreements do not match those of the Community. Nonetheless, in April the Commission decided to put into effect a new Association Agreement with Israel containing that same territorial clause. As drafted, does this Agreement in fact allow Israel to conduct its treaty-based trade relations with the Community in a manner that violates key provisions of international law binding on Israel and on the Community's Member States, as Israel claims? Would the conclusion of such a treaty be consistent with Article 3(2) of the Treaty on European Union (Amsterdam) in the light of the European Union's established policies relative to maintaining respect for public international law, with particular reference to the Fourth Geneva Convention of 1949?

(1) SEC(98) 695 final.

Joint answer to Written Questions P-2748/00 and P-2786/00 given by Mr Patten on behalf of the Commission

(18 September 2000)

The notice to European importers is still in effect as no new notice has been published indicating the end of its validity. The Israeli authorities have taken the necessary measures to allow administrative co-operation but the issue of territorial coverage remains, which explains why the notice is still in effect.

The decision to put into effect the Union-Israel Association Agreement was not taken by the Commission but is the result of the completion of the ratification procedure by both the Parliament (on 29 February 1996) and the national parliaments of the Member States.

The Commission confirms that the Euro-Mediterranean Agreement establishing an association between the Communities and their Member States on the one part, and Israel on the other part applies to the territory of the Member States and to the territory of the State of Israel.

The Commission informs the Honourable Member that on the occasion of the first Association Council on 13 June 2000, both the Union Presidency and the Commission, expressed the Union's attachment to the respect of the territorial coverage of the Association Agreement with Israel.