WRITTEN QUESTION P-2747/00

by Alain Lipietz (Verts/ALE) to the Council

(1 September 2000)

Subject: Irregular application of the EC-Israel Agreement

In its May 1998(1) Communication to the Council and the European Parliament the European Com-mission stated: Preferential access to Community markets for exports originating in Israeli settlements in the West Bank and Gaza Strip and those from East Jerusalem and the Golan Heights contravene agreed rules of origin since these territories do not form part of the State of Israel under public international law. There are indications that these exports are taking place. The European Community will take steps to verify the accuracy of this information. Should it be confirmed, such violations of rules should be brought to an end.

Shortly thereafter, Israeli officials confirmed to the European Commission that, as a matter of official policy, Israeli Customs has been routinely 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. In January of this year the Commission informed us that over the last two years, the Commission has taken a number of steps to find a viable solution to this problem, with meetings at official level in both 1998 and 1999. These extensive efforts to find a solution to this issue have not yet yielded a satisfactory result.

Prior to taking the decision to put the new Association Agreement with Israel into effect, has the Council or the Commission obtained assurances from Israel that its customs services will cooperate with the Member States' customs services in ensuring the proper application of that Agreement's Origin Rules Protocol as governed by its territorial clause? If the Israeli authorities are not prepared to cooperate with the EC in ensuring the proper application of the aforementioned, is the Council prepared to mandate measures that do not rely on Israel's cooperation in order to ensure that such violations of rules are brought to an end?

(1) (SEC(1998) 695 final).

Reply

(16 November 2000)

1. Responsibility for monitoring the implementation of all international agreements entered into by the Community lies with the Commission. This applies also to the Agreements concluded with Israel as well as with the PLO. The decision to put into effect the EU-Israel Association Agreement was the result of the completion of the ratification procedure by both the European Parliament (on 29 February 1996) and the national Parliaments of EU member States.

2. Regarding the territorial scope of the Association Agreement, Article 83 applies only to the territory of the State of Israel. The term Israel covers the territorial waters, which surround Israel, and under certain conditions also some sea-vessels. No further definition is contained in the agreement. For its part, the EC considers that the agreement applies solely to the territory of the State of Israel within its internationally recognised borders in accordance with the relevant UNSC resolutions. The EC and its Member States continue to base their relations with Israel and the Palestinians on the principles of international law, including the Fourth Geneva Convention on the Protection of Civilians (1949) prohibiting, inter alia, the establishment of settlements. The Israeli authorities have, as the Honourable Member implies, taken a different view on the definition of the State of Israel, and maintain that the settlements issue is to be solved in the context of the Middle East Peace Process. This has indeed created difficulties in the application of the preceding EC-Israel Interim Agreement. Talks have been taking place at a technical level between the Commission and the Israeli authorities to resolve these difficulties.

3. No shortcomings under the new EC-Israel Association Agreement have come to the Council's attention.

4. On the occasion of the first Association Council on 13 June 2000, the EU Presidency, in its statement, expressed its particular attachment to the respect of the territorial coverage of the Association Agreement with Israel.