Differentiation Tracker

ECFR’s Differentiation Tracker provides a snapshot of third state relations with Israel – and the extent to which these contain a clearly defined territorial definition that explicitly excludes Israeli settlements constructed on occupied territory in line with UNSCR 2334.

  • Austria

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 28/11/2016 Taxation No "The term "Israel" means the State of Israel and when used in a geographical sense includes its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercise its sovereign rights or jurisdiction."
      Agreement on film co-production 01/10/2014 Cultural

      No

       
      Amendment to the Convention of 29 January 1970 for the avoidance of double taxation with respect to taxes on income and capital 20/03/2007 Taxation

      No

      [See 1970 agreement]
      Additional agreement on social security 13/01/2000 Social Security No [See 1973 agreement]
      Agreement on scientific-technological cooperation 02/02/1994 R&D No  
      Convention on social security 28/11/1973 Social Security No ""Israel" means the State of Israel."
      Convention for the avoidance of double taxation with respect to taxes on income and capital 29/01/1970 Taxation No "The term "Israel" means the State of Israel."
      Convention concerning the reciprocal recognition and enforcement of judicial decisions in civil and commercial matters 06/06/1966 Civil; Judicial; Economic No  
      Convention concerning judicial assistance in criminal matters 06/06/1966 Law Enforcement; Judicial No  
    • Business guidance

      Date Link Information

      No date

      Information on Israel's economy, issued by the Austrian Embassy in Tel Aviv

      "The European Union and its member states point out to European citizens and economic operators the risks associated with financial and economic activities in the settlements. Financial transactions, investment, purchases, procurement as well as other economic activities (including in services such as tourism) in Israeli settlements or for the benefit of Israeli settlements, involve legal and economic risks due to the fact that the Israeli settlements are established in occupied territory according to international law and are therefore not a legitimate part of the Israeli state. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Similarly, possible violations of international humanitarian law and human rights should be taken into account. Prospective buyers and investors should be aware that a future peace agreement between Israel and the Palestinians or between Israel and Syria could have consequences for acquired property and economic activities in these settlements. In disputes, it could be very difficult for the EU.

      "EU citizens and economic operators should also be aware of the potential impact on their reputation when they are involved economically and financially in the settlements.

      "EU citizens and businesses contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding."

    • Business and Human Rights (BHR) news

      Date Information

      28/04/2019

      Globes reveals that Austrian company Wiener Linien is part of an international consortium bidding to build and operate the new Israeli 'Jerusalem light rail project' which will include occupied East Jerusalem and the Israeli settlement of Pisgat Ze'ev. 
  • Belgium

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Social security agreement 24/03/2014 Social Security No "The term "Israel" means: the State of Israel."
      Agreement on gainful occupation for family members of a member of a diplomatic mission or consular post 11/11/2013 Labour; Diplomatic Unknown [Text not available]
      Agreement concerning cooperation in the field of medical sciences and public health 11/07/1991 Health Unknown [Text not available]
      Convention for the avoidance of double taxation with respect to taxes on income and capital 13/07/1972 Taxation No "The term "Israel" when used in a geographical sense, means the territory of the State of Israel."
      Convention on social security 05/07/1971 Social Security No  
      Agreement on film co-production 08/10/1971 Film; Cultural No  
      Cultural agreement 23/03/1967 Cultural No  
    • Bills and resolutions

      Name Information Status

      Resolution on Belgian support to relaunch the Middle East peace process

      “Requests the Federal Government (…)

      "4. Encourage at the European level and bilaterally the deepening of the policy of differentiation between Israeli settlements and Israel to safeguard the two state solution; to ensure that Israeli settlements do not enjoy bilateral relations between the EU and Israel; to ensure that the application of this policy of differentiation does not in any way lead to a limitation of European investments in entities whose activities are solely implemented outside of Israeli settlements and settlement related infrastructure, and ensure that this does not lead to economic sanctions or a boycott of Israel (…)"

      Adopted on 24 November 2016

       

    • Business guidance

      Date Link Information

      08/06/2018 (last update)

      Recommendation on the labeling of goods from the Palestinian territories, issued by the Ministry of Economy

      "The implementation of the general principle (as set out in the European regulation) that the consumer has the right to be properly informed and to make choices on the basis of this information, and which therefore implies that a label can not be misleading, is a matter for each Member State. This proactive recommendation aims at obtaining the most correct labeling of goods from the occupied Palestinian territories and the Golan Heights.

      "The Interpretative Communication states inter alia: Since under international law, the Golan Heights and the West Bank (including East Jerusalem) are not part of Israeli territory, the indication "produced in Israel" is considered false and likely to mislead.

      "In cases where the indication of origin is obligatory, another expression should be used taking into account the usual designation of these territories.

      "With respect to non-settler Palestinian products, an indication that is not misleading as to geographical origin but is consistent with international usage might be: "product originating in the West Bank ( Palestinian product)", "product from Gaza" or "product from Palestine".

      "The purpose of publishing and disseminating this recommendation is to inform the persons responsible for the labeling of the goods, the importers and the distributors, and to help them to label the products concerned as geographically or commercially as accurately as possible. This, however, is not a mandatory instruction or a new rule but a voluntary recommendation that is in no way a call for a boycott of products and commodities originating from colonies established in the areas occupied by Israel.

      "Interpretative Notice on indication of origin of goods from the territories occupied by Israel since June 1967 (EU 2015 / C 375/05).

      "Notice to retailers regarding the origin labeling of products from the territories occupied by Israel."

      08/03/2018 (last update)

      Common messages aimed at raising awareness among EU citizens and businesses regarding involvement in financial and economic activities in the settlements, issued by the Ministry of Economy

      "The European Union and its member states are raising awareness among European businesses and citizens of the risks of financial and economic activities in the settlements. Financial transactions, investments, purchases, acquisitions and other economic activities (including tourism) in Israeli settlements or benefiting Israeli settlements include economic and legal risks. These arise from the fact that, under international law, Israeli settlements are developed on occupied territory and are not recognised as a legitimate part of Israeli territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Possible violations of international humanitarian law and the law on human rights should also be considered.

      "Potential buyers and investors should be aware that a future peace agreement between Israel and the Palestinians, or between Israel and Syria, could have consequences for the property purchases or economic activities promoted in these settlements. In case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "Companies and EU citizens should also be aware of the potential implications, in terms of their reputation, which could arise from their participation in economic and financial activities in the settlements.

      "Companies and EU citizens contemplating financial or economic interest in the settlements should seek appropriate legal advice before taking any steps.

      "For further information on the relevant guidelines and guiding principles promoted by the Organization for Economic Co-operation and Development (OECD) and the United Nations, cf. the following websites:

      "The OECD Guidelines for Multinational Enterprises - 2011 Edition

      "Guiding Principles on Business and Human Rights - United Nations"

      July 2014

      Common messages aimed at raising awareness among EU citizens and businesses regarding involvement in financial and economic activities in the settlements, issued by the Foreign Ministry

      "The European Union and its member states are raising awareness among European businesses and citizens of the risks of financial and economic activities in the settlements. Financial transactions, investments, purchases, acquisitions and other economic activities (including tourism) in Israeli settlements or benefiting Israeli settlements include economic and legal risks. These arise from the fact that, under international law, Israeli settlements are developed on occupied territory and are not recognised as a legitimate part of Israeli territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Possible violations of international humanitarian law and the law on human rights should also be considered.

      "Potential buyers and investors should be aware that a future peace agreement between Israel and the Palestinians, or between Israel and Syria, could have consequences for the property purchases or economic activities promoted in these settlements. In case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "Companies and EU citizens should also be aware of the potential implications, in terms of their reputation, which could arise from their participation in economic and financial activities in the settlements.

      "Companies and EU citizens contemplating financial or economic interest in the settlements should seek appropriate legal advice before taking any steps.

      "For further information on the relevant guidelines and guiding principles promoted by the Organization for Economic Co-operation and Development (OECD) and the United Nations, cf. the following websites:

      "www.oecd.org/fr/daf/inv/mne/48004355.pdf

      "https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf"

      01/08/2014

      Notice to retailers regarding the origin labeling of products from the territories occupied by Israel, issued by the Ministry of Economy

      "In 2012, the Foreign Affairs Council of the European Union undertook to implement in a comprehensive and effective manner existing EU legislation as well as bilateral agreements applicable to products from settlements. These are settlements on territories under Israeli administration in 1967. However, there remains a lack of clarity for importers and traders regarding the labeling of products from colonies. Businesses and civil society have asked to clarify this issue.

      "Objective

      "The purpose of this notice is to provide the clarifications requested concerning the legislation applicable to the labeling of products from the territories occupied by Israel.

      "Labeling of Origin

      "The basic premise of the labeling legislation is that the consumer has the right to be informed when making choices and therefore that the labeling can not be misleading. Where labeling is mandatory, the geographical origin must be correctly labeled. When it is optional, traders are free to decide whether to mention the origin, unless the omission of this information may mislead the consumer as to the true origin of the product. If the origin is indicated, the information must be correct so as not to mislead the consumer.

      "With regard to fresh fruit and vegetables, wine, honey, olive oil, fish, beef and veal, poultry from third countries, eggs, organic products and cosmetics, the original labeling is mandatory. As of April 2015, labeling will also become mandatory for fresh, chilled and frozen meat of swine, sheep, goat and poultry.

      "Since the Golan Heights and the West Bank (including East Jerusalem) are not part of Israeli territory under international law, the labeling of goods originating in these territories as "Israel's product" is considered to be misleading within the meaning of the aforementioned legislation.

      "Labeling of goods originating from Israeli settlements in the Golan Heights and in the West Bank (including East Jerusalem) with no indication that they originate from a colony, is also considered to be misleading.

      "In order to clarify that these products actually come from an Israeli settlement, the following statements are recommended on the labels: -"Product of the Golan Heights (Israeli Settlement)" -"Product of the West Bank (Israeli Settlement)". For West Bank products that do not originate from settlements, the label "West Bank product (Palestinian product)" is recommended."

    • Official announcements

      Date Link Statement

      17/10/2018

      Statement by Foreign Minister Didier Reynders to the Foreign Affairs Committee of the House of Representatives

      "As confirmed by UN Resolution 2334, settlements violate international law and the obligations of Israel as an occupying force. The pursuit of settlement policy amounts to a gradual annexation of the West Bank, undermines the possibility of a solution to the conflict through the creation of two states and hinders the search for lasting peace. This is why it is necessary to distinguish between activities in Israel and those carried out by Israel in the occupied Palestinian territories.

      "This distinction forms the basis of the differentiation policy supported by Belgium at the bilateral, European and United Nations levels. As I have often said before this Committee, the logical corollary of this policy of differentiation between the territories and Israel is that it does not aim at introducing a boycott or sanctions against Israel itself. I am convinced that this too could help to promote a climate in which a return to dialogue and the search for negotiated solutions would become possible again.

      "Several European measures have been adopted to help define this policy of differentiation: in particular, the territorial clause, in 2012, and the interpretative communication on the indication of the origin of goods from territories occupied by Israel since June 1967, in 2015. With regard to the implementation of the provisions of this Interpretative Communication of the European Commission in Belgium, I refer you to my colleague in charge of the Economy, Mr Kris Peeters.

      "I have already wished, on several occasions, to see the process progress at the Benelux level and, failing that, at the Belgian level, and I have transmitted this request to the successive Ministers of Economy that I have known in the various governments."

    • Business and Human Rights (BHR) news

      Date Information

      April 2019

      Civil society organisations publish an open letter calling for a Belgian law mandating companies to conduct human rights due diligence

      March 2018

      Dexia sells its 58.9% participation in Dexia Israel Bank as part of its financial recovery plan. 

      August 2016

      Brussels Airlines returns the 'Vanilla Halva' patisserie made in an Israeli settlement to its on-board menus. The decision came after pressure by the Israeli government, including a threat by Israel's Tourism Minister Yariv Levin to ban the airline from the country. The u-turn came after Brussels Airlines had removed the patisserie’s following a complaint by an Israeli passenger over its settlement origin.

      May 2009

      Chairman of the board of Dexia and former Belgian Prime Minister Jean-Luc Dehaene acknowledges that Dexia Israel has previously extended loans to Israeli settlements, but: "that no new loans would be granted to the settlements, and noted that outstanding credits and loans would not be extended." In the past," Dehaene said at the meeting, "Dexia Israel granted 5 million Euros of loans to the settlements, this was only 1% of the total budget of Dexia Israel." He added, however, that "the loans to the Jerusalem municipality are not included in this amount, as Dexia Group feels that Jerusalem is not contested territory."" (via MannNews)

      June 2001

      Dexia buys Israeli bank Otzar Hashilton Hamekomi which becomes Dexia Israel.  

  • Bulgaria

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Employment agreement 20/12/2011 Labour Unknown [Text not available]
      Amendment to 1993 agreement for the promotion and reciprocal protection of investments  07/07/2011 Financial No [See 1993 agreement]
      Agreement on social security 25/03/2008 Social Security No  
      Agreement on economic cooperation 25/03/2008 Economic No  
      Agreement on double taxation 18/01/2000 Taxation No

      "The term "Israel" means the State of Israel and, when used in a geographical sense, means the territory and the territorial sea over which it exercises its state sovereignty and jurisdiction, as well as the continental shelf, the exclusive economic zone and that part of the seabed and subsoil under the sea over which it exercises sovereign rights according to international law."

      Agreement on cooperation in the fields of posts and telecommunications 15/06/1998 Communications No  
      Agreement for cooperation in the field of tourism 30/04/1998 Tourism No  
      Agreement for the promotion and reciprocal protection of investments 06/12/1993 Financial No "The term "territory" shall mean with respect to each Contracting Party, the territory of that Contracting Party including the territorial sea, as well as the continental shelf and the exclusive economic zone over which that Contracting Party exercises sovereign rights or jurisdiction in conformity with international law."
      Agreement on cooperation in the field of health care and medical science 14/03/1991 Health No  
      Agreement on cooperation in the field of culture, science and education 04/07/1991 R&D; Cultural; Educational No  
      Air Transport Agreement for air services between and beyond their respective territories 15/03/1991 Aviation  No "The term "territory" in relation to a State means the land areas, the territorial waters belonging to it and the airspace above under the sovereignty of that state."
  • Croatia

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on cooperation in the field of agriculture 13/11/2017 Agricultural Unknown [Text not available]
      Program of cultural and educational cooperation for the years 2016-2019 30/05/2016 Cultural; Educational Unknown [Text not available]
      Additional Protocol on amendments to the agreement for the reciprocal promotion and protection of investments 30/03/2011 Financial Unknown [Text not available]
      Program of cultural and educational cooperation for the years 2010-2012 26/07/2010 Cultural; Educational Unknown [Text not available]
      Agreement on the fight against crime 16/09/2009 Law Enforcement Unknown [Text not available]
      Agreement on the gainful occupation for family members of members of diplomatic missions and consular posts

      07/11/2007

      Labour; Diplomatic No  
      Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 26/09/2006 Taxation No "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof, over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign rights and jurisdiction."
      Agreement on co-operation in the fields of culture, education and science 30/10/2001 Cutlural; Educational; Scientific No  
      Agreement for the reciprocal promotion and protection of investments 01/08/2000 Financial No

      "The term "territory" means: with respect to the State of Israel: the territory of the State of Israel including the territorial sea, as well as the continental shelf and the exclusive economic zone over which the State of Israel exercises sovereign rights or jurisdiction in conformity with international law."

      Agreement on cooperation in the field of tourism 11/05/1998 Tourism No  
      Air services agreement 11/05/1998 Aviation Unknown [Text not available]
    • Business guidance

      Date Link Information

      04/06/2013

      Draft common messages with the aim of raising awareness of citizens and entrepreneurs from the EU regarding participation in financial and economic activities in OPT settlements, issued by the Ministry of Foreign Affairs and European Affairs

      "Citizens and entrepreneurs from the EU who are willing to participate in economic or financial activities in these settlements should therefore be aware of all the risks arising from it. All financial transactions, investment, purchasing, procurement, as well as all other economic activities (including in service industries such as tourism) in Israeli settlements or that are in any way connected with Israeli settlements include legal and economic risks associated with the fact that Israeli settlements are built on occupied territory and are not recognised as a legitimate part of the national territory of Israel.

      "Potential buyers should be aware that a future peace agreement between Israel and Palestinians and between Israel and Syria could affect the property they buy or economic activities carried out in these areas. Furthermore, in case of disputes, it could be very difficult for member states to ensure national protection of these interests from a legal and political point of view. Citizens and entrepreneurs from the EU should also be aware of the potential damage to their reputation as a result of their participation in economic and financial activities in the settlements, also taking into account possible violations of international humanitarian law and human rights arising from the occupation.

      "Given the above, the European Union and its member states have a duty to raise the awareness of European citizens and businesses of the need for careful treatment relating to potential involvement in any activity in the settlements or in activities that could contribute to legitimising and sustaining Israeli settlements."

  • Cyprus

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Memorandum of understanding regarding defence and military cooperation 09/01/2012 Defence

      Unknown

      [Text not available]
      Agreement on mutual protection of classified information 09/01/2012 Defence Unknown [Text not available]
      Agreement on cooperation in the fields of renewable energy and energy efficiency 03/11/2011 Energy No  
      Agreement on bilateral cooperation in industrial research and development 03/11/2011 R&D; Industrial No  
      Memorandum of cooperation between the Departments of Antiquities 03/11/2011 Cultural; Archaeology Unknown [Text not available]
      Agreement in the field of telecommunication and information technology services 03/11/2011 Telecommunication No  
      Agreement on cooperation in the fields of renewable energy and energy efficiency 03/11/2011 Energy

      No

       
      Agreement on bilateral cooperation in industrial research and development 03/11/2011 R&D; Industrial

      No

       
      Joint declaration in the areas of social protection and social inclusion 22/02/2010 Social Unknown [Text not available]
      Agreement on the delimitation of the exclusive economic zone 17/12/2010 Economic; Maritime Yes Map
      Plan of cooperation in the fields of health and medicine for 2010-2015 03/08/2010 Health Unknown [Text not available]
      Agreement on the reciprocal promotion and protection of investments  13/10/1998 Financial Unknown [Text not available]
      Agreement on co-operation in the field of agriculture 29/07/1994 Agricultural Unknown [Text not available]
      Agreement on cooperation in the fields of culture, education and science 22/07/1994 Cultural; Educational; Scientific No  
      Agreement on cooperation in the field of posts and telecommunications 12/04/1994 Telecommunication; Postal No

       

      Agreement in the field of tourism 23/02/1994 Tourism Unknown [Text not available]
      Air services agreement 21/12/1993 Aviation Unknown [Text not available]
      Agreement on cooperation in the fields of health and medicine 17/11/1993 Health Unknown [Text not available]
  • Czech Republic

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on social security 16/07/2000 Social Security No ""Territory" means in relation to the State of Israel its territory [sic]."
      Agreement for the reciprocal promotion and protection of investments 23/09/1997 Financial No "With respect to the State of Israel, the territory of the State of Israel including the territorial sea, exclusive economic zones and continental shelf where the State of Israel exercises sovereignty, sovereign rights or jurisdiction in accordance with international law."
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 12/12/1993 Taxation No "The term "Israel" means the State of Israel in accordance with its laws and when used in a geographical sense includes, but it is not limited to, the territorial waters of Israel and any area outside such territorial waters which in accordance with the laws of Israel is an area within which the rights of Israel with respect to the exploration and exploitation of the natural biological and mineral resources existing in the sea waters, sea bed and subsoil of these waters may be exercised."
    • Business guidance

      Date Link Information
        Common messaging aimed at raising awareness among EU citizens and businesses regarding involvement in financial and economic activities in the settlements, issued by the Ministry of Foreign Affars

      "The European Union and its member states consider that Israeli settlements are illegal under international law, constitute an obstacle to peace and threaten to make a two-state solution to the Israeli-Palestinian conflict impossible. The EU and its Member states will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. The West Bank, including East Jerusalem, Gaza and the Golan Heights are territories that have been occupied by Israel since 1967.

      "As a result of the above, the European Union and its member states are raising European citizens’ and businesses’ awareness of the risks related to economic and financial activities in the settlements. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel’s territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Possible violations of international humanitarian law and human rights law should also be borne in mind.

      "Potential buyers and investors should be aware that a future peace deal between Israel and the Palestinians, or between Israel and Syria, could have consequences for property they purchase or economic activities they promote in these settlements. In case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "EU citizens and businesses should also be aware of the potential reputational implications of getting involved in economic and financial activities in settlements.

      "EU citizens and businesses contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding."

    • Official announcements

      Date Link Statement

      17/12/2015

      Reuters: Czech parliament rejects labelling goods from Israeli settlements

      Reuters: "The Czech parliament’s lower house called on the government on Thursday to ignore EU rules on labelling goods from Israeli settlements, joining Hungary in breaking ranks over the divisive regulations. The Czech Assembly said new EU guidelines which require the labelling of exports from Israeli settlements in the West Bank were “motivated by a political positioning versus the State of Israel”.

  • Denmark

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 09/09/2009 Taxation No "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights, including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign or other rights and jurisdiction."

      Memorandum of understanding on bilateral cooperation in private sector industrial research and development

      29/08/2007 R&D; Industrial Yes

      [The accompanying 2016-2019 Action Plan contains the following 'special attention points': 

      "Implementation of the action plan, including establishment and operation of an innovation center in Tel Aviv, will be done in accordance with Denmark and EU policy for cooperation with Israel. This action plan will only cover cooperation with Israeli institutions located within Israel's internationally recognised territory from before 1967. This is in line with the so-called territorial clause that Israel and the EU entered into when Israel became associated Horizon 2020."

      In a June 2018 parliamentary answer, the government added: 

      "When entering into agreements with companies and research institutions a standard clause is included in the contracts (referenced below), referring to the EU Guidelines of July 2014, and to Parliamentary Decisions V13 (2014), V53 (2016) and V30 (2018) and reiterates that Israeli settlements should not be legitimised or obtain improved economic opportunities through agreements between Israel and the EU, or through Danish public or private involvement."]

      Convention on social security 03/07/1995 Social Security; Pensions No ""Territory" means, in relation to the State of Israel its territory [sic]"
      Cultural agreement 15/06/1972 Cultural No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital 27/06/1966 Taxation No  
    • Bills and resolutions

      Name Information Status

      Investments of investment associations and municipalities in companies with activities in illegal settlements (V30)

      "The parliament refers to V 53 of 2016, taking note of the call made by UN Security Council Resolution 2334 to distinguish in relevant actions between Israel's territory and occupied territories. The parliament calls for new agreements between Denmark and Israel, in accordance with Resolution 2334 and EU policy, to clearly indicate that they could not be used in these areas. The Folketing calls on the government to strengthen the guiding effort towards private and public investors to make it easier to identify exposures and activities that take place in or benefit settlements, including continuously updating the government's guidance on responsible investments based on the UN, the OECD Guidelines, and opinions of MKI [the Complaints Handling Institution for Responsible Business Conduct]. At the same time, the Danish Parliament expresses its support for OHCHR's ongoing work in this area." Approved on 23 January 2018

      Financial Statements Act

      "§99a. Large companies must supplement the management's report with a statement of corporate social responsibility, cf. 2-9. Corporate social responsibility is understood to mean that companies integrate considerations into: human rights, social conditions, environmental and climate issues and the fight against corruption in their business strategy and business activities." [More info]

      Approved on 10 December 2015

      About the EU, Israel and the West Bank (V13)

      "The parliament encourages the government to work for the parties’ compliance with the Geneva Conventions and other international commitments, including

      "(...) that Israeli settlements will not have their existence legitimised or obtain improved economic opportunities through agreements between Israel and the EU or through Danish public or private involvement."

      Approved on 21 January 2014
    • Business guidance

      Date Link Information
      (No date) Information regarding financial and economic activities in the settlement, issued by the Foreign Ministry

      "The European Union and its member states are raising European citizens' and businesses' awareness on the risks related to economic and financial activities in the settlements. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Possible violations of international humanitarian law and human rights law should also be borne in mind.

      "Potential buyers and investors should be aware that a future peace deal between Israel and the Palestinians, or between Israel and Syria, could have consequences for property they purchase or economic activities they promote in these settlements. In case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "EU citizens and businesses should also be aware of the potential reputational implications of getting involved in economic and financial activities in settlements.

      "EU citizens and businesses contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding." 

      (No date)

      Israel as a market, issued by the Dannish Embassy in Tel Aviv "The European Union and its Member States consider that Israeli settlements are illegal under international  law, constitute an obstacle to peace and threaten to make a two-state solution to the Israeli-Palestinian conflict impossible. As a result, the European Union and its Member States are raising European citizens' and businesses' awareness on the risks related to economic and financial activities in the settlements. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory."

      27/08/2019

      Regulatory reporting requirements

      "Since 2009, the largest companies in Denmark have been obliged to account for their work on corporate social responsibility. In 2015, the Parliament passed a change in the rules.

      "All large companies in accounting class C and all companies in accounting class D are subject to the same rules for fiscal years beginning January 1, 2018. 

      "It is voluntary for Danish companies if they want to work with corporate social responsibility. However, the statutory requirements in the Danish Financial Statements Act mean that the largest Danish companies are obliged to submit a statement of corporate social responsibility.

      "Note that financial companies are not covered by the Danish Financial Statements Act, but by the regulations of the Danish Financial Supervisory Authority.  

      "In 2018, the Danish Parliament passed a change in the rules for reporting on corporate social responsibility. The new rules apply to financial years beginning on or after 1 January 2020.

      "Smaller companies can strengthen the company by working systematically with corporate social responsibility. 

      "Unlike large companies, there is no legal requirement for small businesses to account for the company's work on corporate social responsibility.  Although there is no legal requirement to report on corporate social responsibility, clear communication about small business efforts can strengthen the business."  

       

      Indication of origin for food from Israel and Israeli occupied territories, issued by the Ministry of Environment and Food

      "The Commission published on 12 November 2015 (Official Journal (2015 /C375/05) a communication reflecting the Commission's interpretation of the relevant EU legislation on the indication of origin for products originating in Israel and the Israeli occupied territories. Since a large proportion of the goods with a mandatory origin declaration are food, the Commission notice and the associated fact sheet are published on the website of the Danish Veterinary and Food Administration.

      "Interpretative declaration of origin for goods from the territories occupied by Israel since June 1967 [Danish language version]

      "Fact sheet with "Questions and Answers" in relation to "Interpretative Notice of Indication of Origin of Goods from the Areas Occupied by Israel since June 1967" [Danish language version]

      "The European Commission publishes a list of names of sites including zip codes, from which products originating in these areas may not be indicated by "Israel" as the indication of origin. The list is available on the EU website relating to the EU-Israel technical arrangement.

      "See also SKAT's website with a description of Special conditions for preferential documentation - Israel and Palestine."

       

      Special conditions of preferential documentation - Israel and Palestine(FA9.6.4.1), issued by the Tax Administration (SKA)

      "Israel is also a Euro-Med country, but it is a special case when it comes to controlling origin. Goods from the territories occupied by Israel (the Golan, the West Bank and East Jerusalem) cannot achieve Israeli preferential status upon entry into the EU.

      "A special regime for subsequent control of origin has therefore been introduced in cooperation with the Israeli customs authorities. A communication from the Commission to EU importers was published on 3 August 2012 in the Official Journal of the European Union C 232, 03.08.2012, page 5.

      "The Arrangement ("Technical Arrangement") with Israel implies that proof of origin (EUR.1 certificates, EUR-MED certificates, invoice declarations and EUR-MED invoice declarations) from Israel must be compared to a list of cities, settlements and industrial zones and non-eligible locations, from which goods cannot obtain Israeli origin and thereby obtain preferential tariff preferences for imports into the EU.

      "If the goods originate from one or more of the addresses appearing on the list, preferential tariff treatment is rejected.

      "Please note that the list of settlements has been updated and applies from 1 June 2015. The new updated list can be found on the Commission's website at this link.

      "In Case C-386/08 Brita GmbH, the European Court of Justice has given judgment on the geographical scope of the Association Agreement between the EU and Israel.

      "The company Brita GmbH, based in Germany, imported some goods from an Israeli company located on the West Bank east of Jerusalem. The country of origin was stated on the invoice declarations as "Israel" and therefore a preferential tariff application was sought under the EC-Israel Association Agreement on importation into the EU. The German customs authorities granted, on a temporary basis, the preferential tariff applied for, but subsequently initiated a check. The Israeli authorities replied that " it is clear from the checks that we have made that the goods in question originate in a zone under the responsibility of the Israeli customs authorities ". The German customs authorities refused to grant the preferential treatment since it could not be established with certainty that the imported goods were part of the EC-Israel Association Agreement. The EU Court concluded that products originating in the West Bank are not covered by the geographical scope of the EC-Israel Association Agreement and are therefore not covered by the preferential treatment introduced by this Agreement. Against this background, the German authorities were entitled to refuse preferential tariff treatment on the grounds that they originated in the West Bank. See paragraphs 53 and 54.

      "The EU Commission has also issued an Explanatory Memorandum of Origin for goods from the areas occupied by Israel since June 1967. The note can be found on this link. For more information about marking goods from Israel, please see the Danish Veterinary and Food Administration's website on this link."

    • Official announcements

      Date Link Statement

      04/07/2018


      Answer to parliamentary question 261 asked by Rasmus Nordqvist (ALT) on 25 June 2018 to the Minister of Foreign Affairs

      "Resolution V53 of 2016, emphasised that settlements should not be legitimised or obtain improved economic opportunities through agreements between Israel and the EU, or through Danish public or private involvement. The government supports this policy. In relation to Danish companies and investors, this is a political statement [put forward in Question 261], as no international sanctions have been adopted that prohibit investment in, or for the benefit of settlements. But engagements that benefit settlements weaken the potential for a two-state solution.

      "Therefore, the government discourages commitments and activities aimed at strengthening settlements. In addition, the government supports the common messages to citizens and businesses in the EU, which are aimed at raising awareness of the risks associated with a commitment to settlements, and which Danish investors must always be aware of. Further, the government supports the call in UN Security Council Resolution 2334 to distinguish between Israel and the occupied territories. The EU and Denmark are already distinguishing because we operate with a territorial clause to avoid settlements being covered by agreements with Israel.

      "In response to this, I have received contributions from the Minister of Business, which state: “The Government is continuously working to strengthen its guidance for private and public investors based on the UN guidelines on human rights and business, and the OECD guidelines on multinational companies, and is following on an ongoing basis the work of the Complaints Handling Institution for Responsible Business Conduct. As part of ongoing guidance efforts, I can refer to the preparation of the Responsible Investment Guidance from March 2018. The guidance points out important issues that investment managers should be aware of, including establishing due diligence processes to identify, prevent and remedy current and potential negative impacts in accordance with the aforementioned international guidelines on corporate social responsibility."

      "In addition, I can state that the Ministry of Foreign Affairs and the Embassy in Tel Aviv on their websites have links to, among other things, the guidance and common messages to citizens and businesses in the EU to ensure awareness of this, just as Danish and EU policy on settlements are included in the dialogue with companies and others when applicable.

      "The government's mandate is to clarify the corporate social responsibility requirements of Danish investors, and to specifically advise against investments in favour of settlements by engaging in dialogue with Danish investors."

      22/06/2018


      Answer to parliamentary
      question 214 asked by Rasmus Nordqvist (ALT) on 30 May 2018 to the Minister of Foreign Affairs

      "In connection with the creation of Innovation Center Denmark in Tel Aviv the Ministry of Education and Research drew up an action plan for knowledge cooperation with Israel. The action plan included [the following clause]:

      "The implementation of the action plan, including the establishment and operation of an innovation center in Tel Aviv, will be in accordance with Denmark and the EU's policy of cooperation with Israel. Thus, the plan of action will only include cooperation with the Israeli institutions located within Israel's internationally recognised territory from before 1967. This is in line with the so-called territorial clause that Israel and the EU entered into when Israel became associated Horizon 2020.”

      "When entering into agreements with companies and research institutions a standard clause is included in the contracts (referenced below), referring to the EU Guidelines of July 2014, and to Parliamentary Decisions V13 (2014), V53 (2016) and V30 (2018) and reiterates that Israeli settlements should not be legitimised or obtain improved economic opportunities through agreements between Israel and the EU, or through Danish public or private involvement. 

      "Finally, the clause states that the innovation center will not be able to arrange or attend meetings with potential partners located at the other side of the Green Line.

      "Default contract clause:

      “Guidelines for business collaboration between the EU and Israel: In July 2014 Denmark, along with several EU countries, published an advisory for EU citizens and companies, drawing attention to the risks associated with economic and financial activities in the settlements and the reputation that companies risk from such activities. The guidelines are published on the websites of the Danish Foreign Ministry and the Embassy in Tel Aviv. Furthermore, the government is following resolutions passed by the Danish Parliament (V13 of 2014, V53 of 2016 and V30 of 2018) stating inter alia that Israeli settlements should not be legitimised or obtain improved economic opportunities through agreements between Israel and the EU, or through Danish public or private involvement. The Innovation Center will not be able to arrange or participate in meetings with potential partners located beyond the so-called the Green Line.""
       

       

    • Business and Human Rights (BHR) news

      Date Information

      August 2019

      Information.dk: The pension company VELLIV has announced that they will no longer invest in Motorola and Heidelberg Cement, which operate in occupied areas [including the West Bank]. Both companies have been put on VELLIV's black list, but the divestment itself has proved difficult because they are owned through an index that the pension company does not manage itself. In a written response to 'Information' [news website], VELLIV states that they have now "identified a solution" which they are working to get implemented "as soon as possible".

      May 2019

      Industriens Pension blacklists Motorola over its activities in occupied territories.

      February 2019

      MP Pension excludes three companies in which the pension fund currently has investments. These include the state-owned Moroccan company, the OCP Group, the German company Heidelberg Cement and the US technology company Motorola Solutions. This comes after the board of directors of MP Pension publishes position paper on companies operating in armed conflicts or conflict-affected areas.

      2019

      Pensam excludes two Israeli companies -- Jerusalem Economy and Industrial Buildings Corporation -- from its investment portfolio. 

      October 2017

      Sampension, Denmark's third largest pension fund, excludes two Israeli banks, Hapoalim and Leumi, as well as Heidelberg Cement and Bezeq, for violating its investment guidelines relating to occupied territories. ”Based on our new policy we have reviewed whether or not there are companies in our portfolio which are listed in Vigeo Eiris’ BIOL-database (Business in Occupied Lands)." (via Danwatch)

      January 2017

      Danwatch publishes report finding that Europe’s five largest pension funds -- including Arbejdsmarkedets Tillaegspension -- have €7.5 billion invested in companies with business activities in and around Israeli settlements on occupied Palestinian land.

      2016

      Pensam excludes Heidelberg Cement and Motorola Solutions -- from its investment portfolio. 

      December 2015

      PFA Pension, Denmark’s largest commercial pension fund, blacklists Heidelberg Cement over its "extraction of natural resources [in the West Bank] in a way that is incompatible with PFA’s policy for responsible investments".

      Autumn 2015

      Danske Bank re-includes Bank Hapoalim in its investment portfolio based on “a thorough and constructive dialogue” surrounding the settlements: “It is our understanding that the bank [Hapoalim]handles the dilemmas associated with running a bank in Israel in a good and responsible manner and therefore we see no reason to continue to exclude them from our investment universe”.

      February 2014

      Danske Bank excludes Bank Hapoalim from its investment portfolio. The reason given was that Israeli settlements are in violation of international law, and it is contrary to Danske Bank’s policy to invest in companies that contribute to such violations. Danske Bank had already excluded companies Danya Cebus Ltd. and Africa Israel Investments Ltd. over their involvement in settlement construction. 

      January 2010

      PKA Ltd -- one of the largest funds administrating workers' pension funds in Denmark -- announces it would no longer invest in Elbit Systems, and US companies Megal Security Systems and Detection Systems due to their supplying of equipment for Israel's 'Separation Wall': "The ICJ [International Court of Justice, the Hague] stated that the barrier only serves military purposes and violates Palestinian human rights. Therefore we have looked at whether companies produce custom-designed products [for] the wall and thus has a particular involvement in repressive activities. We cannot rule out the inclusion of other companies in our blacklist for their role in this area," said Michael Nellemann, investment director of PKA, in the statement. (via Maan News
       

      January 2010

      Danske Bank divests from Elbit and Africa Israel Investments Ltd given their failure to adhere to its Socially Responsible Investment (SRI) policy. According to the bank, its SRI policy obliges it to examine the willingness of potential investments to follow international conventions in human rights and employment standards among others. 
       

      2010

      Pensam excludes Elbit Systems from its investment portfolio. 
  • Estonia

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition

      Program of educational, scientific, cultural, youth and sports cooperation

      12/11/2012 Cultural; Educational; Scientific; Sporting No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 29/06/2009 Taxation No

      "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights, including its territorial sea, as well as those maritime areas adjacent to the outer limits of the territorial sea, including seabed and subsoil thereof over the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign rights and jurisdiction."

      Agreement concerning cooperation in the fields of telecommunications, posts and informatics 14/05/1997 Telecommunication; Postal Unknown [Text not available]
      Agreement for the promotion and reciprocal protection of investment 14/03/1994 Financial No "The term "territory" shall mean with respect to each Contracting Party, the territory of that Contracting Party including the territorial sea, as well as the continental shelf and the exclusive economic zone over which that Contracting Party exercises sovereign rights or jurisdiction in conformity with international law."
      Agreement on cultural, educational and scientific cooperation 12/07/1993 Cultural; Educational; Scientific No  
  • Finland

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on gainful occupation for family members of a member of a diplomatic mission or consular post 11/03/2015 Labour; Diplomatic Unknown [Text not available]
      Agreement on social security 15/09/1997 Social Security; Pensions No  
      Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 08/01/1997 Taxation No  
      Air services agreement 24/06/1997 Aviation No "The terms "territory" [...] have the meanings respectively assigned to them in Articles 2 and 96 of the Chicago Convention."
      Cultural agreement 23/04/1985 Cultural  No  
      Exchange of notes constituting a Supplementary Convention to the 1965 Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital 19/10/1970 Taxation  No  
      Convention between the Government for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital 21/01/1965 Taxation No  
    • Business guidance

      Date Link Information

      From March 2014 until October 2017

      No longer available. (Archive link)

      "The European Union and its member states are raising European citizens' and businesses' awareness on the risks related to economic and financial activities in the settlements. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Possible violations of international humanitarian law and human rights law should also be borne in mind.

      "Potential buyers and investors should be aware that a future peace deal between Israel and the Palestinians, or between Israel and Syria, could have consequences for property they purchase or economic activities they promote in these settlements. In case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "EU citizens and businesses should also be aware of the potential reputational implications of getting involved in economic and financial activities in settlements.

      "EU citizens and businesses contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding."

    • Official announcements

      Date Link Statement

      03/06/2019

      Result of negotiations on the Government Program

      "A study is being carried out with the aim of enacting a corporate responsibility law. The Act is based on the duty of care that companies impose on both domestic and foreign operations. The survey will be conducted with trade, business and employee organizations with special regard to the role of SMEs. A similar target is being promoted in the EU." [More info]

       

  • France

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on co-operation in the field of tourism 10/11/2011 Tourism No  
      Agreement on cooperation in the fields of posts and telecommunications 23/11/2009 Telecommunication; Postal No  
      Agreement on cooperation in the fields of environmental matters, water resource management, nature conservation and energy efficiency 23/06/2008 Environment No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion and fraud with respect to taxes on income and on capital 31/07/1995 Taxation No

      "The terms "Contracting State" and "other Contracting State" mean, as the case may be, Israel or France."

      Agreement on cooperation in the field of research and development 26/11/1992 R&D No  
      Agreement on the reciprocal promotion and protection of investments. 09/06/1983 Financial No  
      Exchange of letters constituting an agreement on the establishment of an association for scientific and technological research 12/03/1984 R&D No  
      Agreement on the co-production and exchange of films 28/04/1970 Film; Cultural No  
      Convention on social security 17/12/1965 Social Security No  
      Protocol concerning social insurance arrangements for students. 17/12/1965 Social Security; Educational No  
      Cultural agreement 30/11/1959 Cultural  No  
    • Bills and resolutions

      Name Information Status

      Corporate duty of vigilance law

      "Establishes a legally binding obligation for parent companies to identify and prevent adverse human rights and environmental impacts resulting from their own activities, from activities of companies they control, and from activities of their subcontractors and suppliers, with whom they have an established commercial relationship." [FAQ]

      Law approved on 21 February 2017

       

    • Business guidance

      Date Link Information

      08/03/2019

      Letter to Association France Palestine Solidarité (AFPS), from the Director General of Business France Christophe Lecourtier

      "Business France is also mobilised to ensure that French companies receive full information on the risks they incur by conducting projects in Israeli settlements located in these occupied territories (...) I will ensure that they are regularly reminded by the services of Business France in their contacts with companies (...)"

      24/06/2014 (updated 13/12/18)

      Activities within Israeli settlements, published by the Foreign Ministry 

      "The West Bank, East Jerusalem, the Gaza Strip and the Golan Heights are territories occupied by Israel since 1967. Settlements are illegal under international law. As a result, there are risks associated with economic and financial activities in Israeli settlements.

      "Financial transactions, investments, purchases, supplies and other economic activities in the colonies, or benefiting the settlements, entail legal and economic risks related to the fact that Israeli settlements, according to international law, are built on occupied territories and are not recognised as part of the territory of Israel. This may result in disputes over titles to land, water, mineral or other natural resources relating to potential purchases or investments, as well reputational risks.

      "Citizens and businesses planning economic or financial activities in the settlements are asked to seek appropriate legal advice before proceeding with these activities."

      2018

      Reminder on business activities in the territories occupied by Israel, published by Business France

      [Website links to Foreign Ministry business advisory -- posted above.]

      24/11/2016

      Notice to traders concerning the indication of the origin of goods from territories occupied by Israel since June 1967, published by the Ministry of Economy and Finance

      "Regulation No 1169/2011 of 25 October 2011 concerning consumer information relating to food products stipulates that labeling information must be accurate. Such information must not risk misleading the consumer, especially as to the origin of the products. Also, food from the territories occupied by Israel must be labeled with that origin.Consequently, the DGCCRF [*] draws the operators' attention to Interpretative Notice on indication of origin of goods from the territories occupied by Israel since June 1967, published in the Official Journal of the European Union on 12 November 2015. This states in particular that under international law the Golan Heights and the West Bank, including East Jerusalem, are not part of Israel. Consequently, the labeling of food products, in order not to mislead the consumer, must accurately indicate the exact origin of the products, whether their indication is mandatory under Community rules, or whether affixed voluntarily by the operator.

      "For products originating from the West Bank or the Golan Heights that originate from settlements, a reference to "product from the Golan Heights" or "product from the West Bank" is not acceptable. Although these terms actually refer to the wider area or territory from which the product originates, the omission of additional geographic information stating that the product is from Israeli settlements is likely to mislead the consumer as to the true origin of the product. In such cases it is necessary to add, in parentheses, the term "Israeli settlement" or equivalent terms. For example, "product from the Golan Heights (Israeli settlement)" or "product from the West Bank (Israeli settlement)" may be used. 

      "*DGCCRF: Direction générale de la concurrence, de la consommation et de la répression des fraudes (Directorate-General for Competition, Consumer Affairs and Fraud Control)"

    • Official announcements

      Date Link Statement

      30/05/2018


      Decision Number 407147 of the Conseil d'Etat, Organisation juive européenne and Psagot Vineyard vs Minister of Economy and Finance

      "Requests the Court of Justice of the European Union (CJEU) to assess the compatibility of the disputed notice with Regulation No 1169/2011 depends on whether EU law requires, for a product originating in a territory occupied by Israel since 1967, an indication of that territory and an indication that the product comes from an Israeli settlement if that is the case, or, if not, whether the provisions of Regulation No 1169/2011 allow a Member State to require such products to carry such labels."

       

    • Business and Human Rights (BHR) news

      Date Information

      July 2019

      International consumer advocacy group SumOfUs releases report "AXA: Financing War Crimes" arguing that AXA's financial ties to Elbit Systems (through AXA Equitable Holdings) and five Israeli banks contradict its strict "Group Policy on Controversial Weapons" and may expose the company to criminal prosecution for complicity in gross human rights violations (including war crimes under both French and international law). 

      May 2019

      Alstom withdraws from the Jerusalem Light Rail consortium bidding for project to extend an Israeli tramway through East Jerusalem and the Israeli settlement of Pisgat Ze’ev.

      April 2019

      AXA IM reportedly divests from Israeli Arms Manufacturer Elbit Systems.

      June 2018

      Systra announces "it is withdrawing from the red [which includes East Jerusalem and Pisgat Ze’ev] and purple line [unclear designation] of the Jerusalem light-rail".

      June 2018

      French NGOs release report on The Jerusalem LightRail System and How French Companies Contribute to the Settlement of Occupied Palestinian Territory which denounces the participation of three French companies – Egis and Systra (which are subsidiaries of public companies (SNCF and RATP, Caisse des Dépôts et Consignations)) and Alstom – in the construction of the Jerusalem light-rail project as a "complete violation of international law".

      March 2017

      French NGOs publish report exploring the extent to which French banks are implicated in Israeli settlement activities. The research highlights how five French financial groups (BNP Paribas, Crédit Agricole, Société Générale, BPCE and AXA) manage financial holdings or hold shares in Israeli banks and companies which contribute to the Israeli settlements and supply the services.  

      August 2015

      Transdev (half-owned by Veolia) exits the Jerusalem Light Rail consortium of investors to extend Israeli rail tracks through East Jerusalem and the Israeli settlement of Pisgat Ze’ev.

      June 2015

      Orange -- which has been criticised for supplying services to Israeli settlements -- announces plans to terminate its contract with the Israeli Partner Communications Company.

      May 2015

      French NGOs publish report highlighting the risks that business activities with Israeli settlements undertaken by French telecoms company Orange -- in which the French state is a shareholder -- could implicate it in international law and human rights violations.

      March 2015

      Safege pulls out of East Jerusalem cable car project. Its parent company Suez Environnement says this is to "avoid giving any political interpretation [to its activities].” Another company, Poma, also distances itself from the project.

      September 2014

      The National Scientific Council of INRA calls on INRA (The National Institute for Agricultural Research) to suspend the licensing agreement ENTAV‐INRA for grapevines, signed in 2008 with the Golan Heights Winery, located in an Israeli settlement in the occupied Syrian Golan.

      [N.B.: As of September 2019, Golan Heights Winery remains a member of the ENTAV‐INRA sponsored R&D project.] 

      March 2013

      French court finds AFPS/PLO lawsuit against Alstom and Veolia (see October 2007) to be inadmissible, ruling that international law creates state level responsibilities but cannot be used to hold private companies liable. 

      November 2010

      Veolia announces its intention to sell its five per cent stake in the Jerusalem Light Rail consortium to build an Israeli tramway through East Jerusalem and the Israeli settlement of Pisgat Ze’ev: "Like every business, the Veolia Israel group weighs its activities according to financial and business considerations…According to those considerations it makes its decisions."

      November 2010

      Veolia announces its intention to sell its five per cent stake in the Jerusalem Light Rail consortium to build an Israeli tramway through East Jerusalem and the Israeli settlement of Pisgat Ze’ev: "Like every business, the Veolia Israel group weighs its activities according to financial and business considerations…According to those considerations it makes its decisions."

      October 2007

      Association France Palestine Solidarité (AFPS) and the PLO fill a lawsuit against Alstom and Veolia in Nanterre's Tribunal de Grande Instance allegingt that that the companies violated international law through their involvement in a consortium which contracted with the Israeli Government in July 2005 to construct and operate a light rail project in East Jerusalem. 
  • Germany

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement for the avoidance of double taxation and of tax evasion with respect to taxes on income and on capital 21/08/2014 Taxation No

      "The term "Israel" means the State of Israel and when used in a geographical sense includes its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign rights or jurisdiction."

      Arrangement concerning a working holiday programme 25/02/2014 Labour; Cultural; Visa No  
      Agreement on bilateral cooperation in industrial research and development and in the area of vocational education and training 19/06/2011 R&D; Industrial Unknown [Text not available]
      Agreement on the gainful occupation for members of the families of a diplomatic mission or career consular post 22/06/2007 Labour; Diplomatic Unknown [Text not available]
      Agreement concerning financial cooperation in 1996, 1997, 1998, 1999 and 2000 (International Centre for Combating Desertification in Sede Boker) 02/02/2000 Financial Unknown [Text not available]
      Agreement on cooperation in the area of intellectual property 03/03/1989 Intellectual Property No  

      Agreement on the establishment of a foundation for scientific research and development

      04/07/1986 R&D; Scientific Yes

      "Projects sponsored by the Foundation in Israel shall be conducted only within the geographic areas under the jurisdiction of the State of Israel prior to June 5, 1967."

      ***

      [The website of the German-Israeli Foundation for Scientific Research and Development further states: According to the GIF Founding Agreement of 1986 signed by the Ministers of Science of the Federal Republic of Germany and the State of Israel, "Projects sponsored by the Foundation in Israel shall be conducted only within the geographic areas which were under the jurisdiction of the State of Israel prior to June 5, 1967.”]

      Agreement for the avoidance of double taxation with respect to taxes on estates and inheritances (with amending protocol of 20 January 1984) 20/01/1984 Taxation No  
      Agreement supplementing the European Convention on mutual assistance in criminal matters 20/07/1977 Law Enforcement No  
      Agreement for the avoidance of double taxation and of tax evasion with respect to taxes on income and on capital 20/07/1977 Taxation Unknown

      [Text not available]

      Treaty concerning the encouragement and reciprocal protection of investments 24/06/1976  Financial  No  
      Treaty concerning the reciprocal recognition and enforcement of judicial decisions in civil and commercial matters 17/12/1973 Civil; Judicial; Economic No  
      Convention on social security 17/12/1973 Social Security No ""Territory" means, in relation to the State of Israel, the territory of the State of Israel."
      Agreement for the avoidance of double taxation and of tax evasion with respect to taxes on income and to the Gewerbesteuer (trade tax) 09/07/1962 Taxation No

      "The term "Israel" means the State of Israel."

    • Business guidance

      Date Link Information

      October 2018 (last update)

      Information on the economy and environment of Israel - Occupied areas, issued by the Foreign Ministry

      "The Palestinian Territories (East Jerusalem, West Jordan and Gaza) and the Golan have been occupied by Israel since 1967. The Federal Government distinguishes strictly between the territory of the State of Israel and the occupied territories. The Israeli government distinguishes between the territories under Israeli sovereignty (The Golan and East Jerusalem, which by Israeli law are an integral part of Israel by annexation and fall under its full sovereignty), and the non-annexed areas (West Bank and Gaza).

      "Settlements

      "It is the long standing position of the European Union and its Member States not to accept any changes to the 1967 borders, which have not been agreed between the conflict parties. Israeli settlements in the occupied territories are also contrary to international law, a hindrance to peace and a threat to the foundations of the two-state solution.

      "There are therefore considerable risks with regard to economic and financial activities in and for settlements. Financial transactions, investment, purchasing and procurement, as well as other economic activities (including tourism and other sectors of the service sector) in or for the benefit of Israeli settlements result in legal and economic risks resulting from the establishment of Israeli settlements. From the perspective of international law these are not recognised as a legitimate part of the Israeli territory. German companies and private individuals should also be aware of the possible reputational risks associated with economic and financial activities in and for settlements. The Federal Government also points to the possibility of violations of international humanitarian law and of human rights conventions related to settlements in the occupied territories.

      "For reasons of consumer protection, products manufactured in settlements [and sold] in the European Union may not be labelled "Israel". (Interpretative notice from the European Commission

      "Customs preference treatment

      "Goods produced in Israeli settlements in the Palestinian Territories or in the Golan do not benefit from preferential treatment under the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, on the one hand, and the State of Israel on the other (so-called EC-Israel Association Agreement) because these goods do not originate in Israel. However, importation of goods is not subject to any specific import restrictions. This was confirmed in a judgment of the Court of Justice of the European Union (ECJ) in a preliminary ruling procedure on 25.02.2010. The case related to products that had been produced in an Israeli settlement in the West Bank.

      "Press release of the ECJ on the Brita judgment

      "Property acquisition / investment

      "In the case of property acquisition and investment in the Occupied Territories, particularly in the Israeli settlements, it should be noted that a future Israeli-Palestinian peace agreement could have an impact. Among other things, there may be disputes regarding the acquisition of land, water, mineral and other natural resources. The Foreign Office does not take sides in the disputes.

      "The Federal Government promotes projects and project partners in publicly funded programs only if they are within the territory which was already under Israeli jurisdiction before 5 June 1967. This practice is in line with EU funding guidelines for cooperation with Israel."

      January 2018 (last update)

      Information on the economy of the Palestinian territories, issued by the Foreign Ministry "The Federal Government strictly distinguishes between the territory of the State of Israel and the Palestinian Territories. In doing so, the Federal Government bases the borders of the Israeli state on the 5 June 1967 Green Line. This also applies to Jerusalem."
    • Official announcements

      Date Link Statement

      20 September 2019

      Statement to the United Nations Security Council by Ambassador Christoph Heusgen

      United Nations summary: "Heusgen advocated respect for the rule of law and international law, including resolution 2334 (2016), "which is part of international law" and was adopted "without the slightest opposition" three years ago. Had that resolution been implemented over the last three years, the world would be witnessing negotiations leading to the creation of two States, under internationally defined parameters. He called for renewed efforts to implement resolution 2334 (2016), which is instrumental for the well-being of both Israelis and Palestinians."

      27 November 2018

      Response of the Federal Government to the parliamentary question of Mr Petr Bystron and the AfD Group

      "The distinction, called for by ECFR, between the territory of the State of Israel and the territories occupied since 1967 is in line with United Nations Security Council Resolution 2334 of 23 December 2016. In the view of the Federal Government, this is mandated under international law, and must be clearly differentiated from calls to boycott Israel."

    • Business and Human Rights (BHR) news

      Date Information

      May 2019

      Heidelberg Cement replies to letter from the Business & Human Rights Resource Centre:

      "From HeidelbergCement’s perspective, the quarrying activity is compatible with international humanitarian law as it produces substantial advantages for the local Palestinian population and at the same time it hardly affects the raw material reserves. In addition to royalties and leasing fees that are used by the civil administration for local projects (as mentioned in reports by the administration), for example infrastructure projects, in Area C of the West Bank, the local Palestinian population benefits especially from the creation of atractive jobs in a region that is otherwise characterized by high unemployment and long-term economic stagnation. [...]" [Full correspondence]

      November 2015

      Berlin-based KaDeWe department store returns settlement wines to its shelves and apologises after their withdrawal sparked condemnation by Israeli Prime Minister Benyamin Netanyahu. The store's spokesperson initially stated that "the products removal was meant to correct their labels in accordance to the new EU guidelines." 

  • Greece

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Air services agreement 18/10/2010 Aviation

      No

      "The term "territory" in relation to a State has the meaning assigned to it in Article 2 of the 1944 Chicago Convention on International Civil Aviation."
      Agreement on bilateral cooperation in private sector industrial research and development 14/02/2006 R&D; Industrial No  
      Agreement for cooperation in the fields of posts and telecommunications 24/09/2001 Telecommunication; Postal No  
      Convention for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income 24/10/1995 Taxation No  
      Agreement on economic, industrial and technological cooperation 18/05/1992 R&D; Industrial No  
      Agreement on cooperation in the fields of health and medicine 09/03/1992 Health No  
      Agreement for co-operation in the field of tourism 20/01/1969 Tourism  No  
      Exchange of letters constituting an agreement for the avoidance of double taxation of certain profits derived from sea and air transport 22/07/1952 Taxation No  
    • Official announcements

      Date Link Statement

      30/11/2015

      Times of Israel: Greek Foreign Minister announces opposition to EU settlement labeling

      Times of Israel: "The Greek Foreign Minister Nikos Kotzias has sent a letter to Prime Minister Benjamin Netanyahu informing him of Athens’s opposition to the EU guidelines on the labeling of goods produced in Israeli settlements, The Times of Israel learns. Kotzias’s message to Netanyahu came three day after Greek PM Alexis Tsipras visited Israel on Wednesday of last week." 

    • Business and Human Rights (BHR) news

      Date Information

      28/04/2019

      Globes reveals that two Greek companies (infrastructure company GEK Terma and the Athens metro operator) are leading an international consortium bidding to build and operate the new Israeli 'Jerusalem light rail project' which will include occupied East Jerusalem and the Israeli settlement of Pisgat Ze'ev. 
  • Hungary

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on bilateral cooperation in private sector industrial research and development 19/01/2009 R&D; Industrial No  
      Agreement on economic cooperation 05/02/2006 Economic No  
      Agreement on technical cooperation 06/01/1997 Technical No  
      Convention for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income 14/05/1991 Taxation No "The term "Israel" when used in a geographical sense includes the territory in which the Government of the State of Israel may enforce the collection of taxes according to international law and the laws of the State of Israel."
      Agreement for the promotion and reciprocal protection of investments 14/05/1991 Financial  No "The term "territory" shall mean with respect to each Contracting Party, the territory of that Contracting Party."
      Agreement on scientific and technological cooperation 14/05/1991 R&D; Scientific; Technological No  
      Agreement on cooperation in the field of health 23/11/1989 Health No  
      Agreement on cooperation in the fields of culture, education and sciences 07/01/1990 R&D; Cultural; Educational; Scientific No  
      Air transport agreement 01/03/1989 Aviation  No "The term "territory" has the meaning specified in Articles 2 and 96 of the 1944 Chicago Convention."
      Agreement on cooperation in the field of tourism 11/10/1988 Tourism No  
    • Official announcements

      Date Link Statement

      19/03/2019

      Comments by Minister of Foreign Affairs and Trade Péter Szijjártó (via Times of Israel)

      Times of Israel: "During the opening ceremony [of Hungary's new trade mission in Jerusalem] Szijjártó also said Budapest was against efforts to “combine restrictive economic and commercial measures with political issues,” presumably referring to the EU’s position to links [sic] progress in bilateral ties with any advancement in the peace process."

      19/02/2019

      Statement by Minister of Foreign Affairs and Trade Péter Szijjártó

       

      "With relation to the Middle-East peace process one must not confuse trade and economic sanctions with establishing peace, because the two have absolutely nothing to do with each other. (...) We also reject attempts to resolve a conflict through economic and trade restrictions, bans and blockades on principle, because it simply won’t work. (...) Hungary does not use the method of labelling despite the European Commission’s recommendation, meaning it does not indicate if a product was made in settled areas. Because the EU’s goal with this is clearly to reduce demand for these products."

      16/11/2015

      Jerusalem Post: Hungary Says No to Settlement Labeling

      Jerusalem Post: "Hungary will not place special labels on products from the West Bank and the Golan Heights, Hungarian Foreign Minister Péter Szijjártó told a breakfast meeting of the Israel Council on Foreign Relations in Jerusalem on Monday, characterizing the European Union’s decision to affix special labels on such products as "irrational". Szijjártó, 37, who has been in politics since 1998, and a member of the National Assembly of Hungary since 2002, said on a lightning 24-hour visit to Israel labeling these products will not contribute to a solution to the Israeli-Palestinian conflict and could cause more problems and damage."

  • Ireland

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Memorandum of understanding (MOU) for a framework of co-operation in the field of industrial scientific research and technological development 27/10/1999 R&D No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 20/11/1995 Taxation No

      "The term "Israel" means the State of Israel, and when used in a geographic sense, includes the territorial sea, Continental Shelf and economic zone thereof as well as that area of the high seas in respect of which Israel is entitled, in accordance with international law, to exercise sovereign rights over the sea bed and subsoil and their natural resources."

    • Bills and resolutions

      Name Information Status

      Control of Economic Activity (Occupied Territories) Bill 2018
       

      "Bill entitled an Act to give effect to the State's obligations arising under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and under customary international humanitarian law; and for that purpose to make it an offence for a person to import or sell goods or services originating in an occupied territory or to extract resources from an occupied territory in certain circumstances; and to provide for related matters." Passed Senate (Seanad Éireann) on 29/11/18; still needs to pass 3 readings in the Lower House (Dáil Éireann)
    • Business guidance

      Date Link Information

       

      Advice on investment in Israeli settlements in Occupied Palestinian Territory, issued by the Department of Foreign Affairs and Trade

      "Ireland and its EU Partners have a clear position on Israeli settlements. The West Bank, including East Jerusalem, Gaza and the Golan Heights are territories which have been occupied by Israel since 1967. Israeli settlements are illegal under international law, constitute an obstacle to peace and threaten to make a two-state solution to the Israeli-Palestinian conflict impossible. The EU and its Member States will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties.

      "The Government accordingly wishes to offer advice to both the general public and, in particular, Irish companies and businesses of the risks related to economic and financial activities in the settlements and to make clear that we do not encourage or offer support in any way to such activity.

      "Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory. This may result in disputed titles to the land, water, mineral or other natural resources which might be the subject of purchase or investment.

      "Irish citizens and businesses should be aware of the potential reputational implications of getting involved in economic and financial activities in settlements as well as possible abuses of the rights of individuals. Any person or company contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding.

      "Potential buyers and investors should be aware that a future peace deal between Israel and the Palestinians, or between Israel and Syria, could have consequences for property they purchase or economic activities they promote in these settlements. In case of disputes, it could be very difficult for Member States to ensure national protection of their interests.

      "The Government also wishes to reiterate its long-standing policy of complete opposition to any form of boycott directed against Israel as well as its continued strong commitment to promoting our trade and business ties with Israel to the full."

  • Italy

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on social security

      into effect​01/12/2015

      Social Security No  
      Agreement on cooperation in combatting illicit trafficking of narcotic drugs and psychotropic substances, terrorism and other serious crime 10/02/2005 Law Enforcement No  
      Agreement on cooperation in the field of network security 29/09/2004  IT No  
      Agreement on cooperation in the fields of health and medical sciences 08/10/2002 Health  No  
      Agreement on industrial, scientific and technological research and development cooperation 13/06/2000 R&D; Scientific; Health No  
      Agreement on mutual administrative assistance for the prevention, investigation and repression of customs offences 27/04/1999 Law Enforcement  No  
      Convention for the avoidance of double taxation with respect to taxes on income and on capital and for the prevention of fiscal evasion

      08/09/1995

      Taxation No

      "The term "Israel" means the State of Israel; and when used in a geographical sense, the term "Israel" includes its territorial sea, continental shelf, and other maritime areas over which it exercises rights according to international law."

      Convention for the avoidance of double taxation on estates and inheritances 22/04/1968 Taxation No "The term "Israel" means the State of Israel."
      Agreement concerning cooperation in energy research 26/01/1992 Energy No  
      Exchange of notes constituting an agreement concerning the legislation on social security applicable to workers of one State who are temporarily working in the other State 07/01/1987 Social Security  No  
      Agreement on film co-production 02/01/1985 Film; Cultural  No

       

      Agreement on air services between their respective territories 18/05/1979 Aviation

      No

      "The term "territory" in relation to a State has the meaning assigned to it in article 2 of the 1944 Chicago Convention on International Civil Aviation."
      Convention for the prevention of double taxation on estates and inheritances 22/04/1968 Taxation No "The term "Israel" means the State of Israel."
      Cultural agreement 11/11/1971 Cultural  No  
      Exchange of notes constituting an agreement for the avoidance of double taxation of income derived from sea and air navigation in the two countries 10/06/1955 Taxation No  
    • Business guidance

      Date Link Information

      27/06/2014

      Common messages aimed at raising awareness among EU citizens and businesses regarding involvement in financial and economic activities in the settlements, issued by the Ministry of Foreign Affairs and International Cooperation

      "The European Union and its Member States consider that Israeli settlements are illegal under international law, constitute an obstacle to peace and threaten to make a two-state solution to the Israeli-Palestinian conflict impossible. The EU and its Member States will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. The West Bank, including East Jerusalem, Gaza and the Golan Heights are territories which have been occupied by Israel since 1967.

      "As a result of the above, the European Union and its Member States are raising European citizens' and businesses' awareness on the risks related to economic and financial activities in the settlements. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory. This may result in disputed titles to the land, water, mineral or other natural resources which might be the subject of purchase or investment.

      "Possible violations of international humanitarian law and human rights law should also be borne in mind.

      "Potential buyers and investors should be aware that a future peace deal between Israel and the Palestinians, or between Israel and Syria, could have consequences for property they purchase or economic activities they promote in these settlements. In case of disputes, it could be very difficult for Member States to ensure national protection of their interests.

      "EU citizens and businesses should also be aware of the potential reputational implications of getting involved in economic and financial activities in settlements.

      "EU citizens and businesses contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding."

  • Latvia

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on cooperation in the fields of health 10/11/2009 Health  Unknown [Text not available]
      Agreement on gainful occupation for family members of a member of a diplomatic mission or consular post 22/09/2009 Labour; Diplomatic No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 20/02/2006 Taxation No

      "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights, including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign or other rights and jurisdiction."

      Agreement regarding mutual protection of classified information in the field of defence and military cooperation 06/03/2006 Defence No  
      Memorandum of understanding regarding defence industrial cooperation 16/02/2005 Defence Unknown [Text not available]
      Agreement on co-operation in the field of tourism 06/12/2001 Tourism No  
      Agreement on cooperation in combating illicit trafficking and abuse of narcotic drugs, psychotropic substances and precursors, terrorism and other serious crimes 27/07/1998 Law Enforcement No  
      Agreement concerning cooperation in the field of telecommunications and posts 14/05/1997 Telecommunication; Postal Unknown [Text not available]
      Air transport agreement 03/11/1993 Aviation No

      "The term "territory" (...) have the meaning specified in Articles 2 and 96 of the Chicago Convention."

      Agreement in the fields of education, culture and science 27/02/1994 Cultural; Educational; Scientific  No  
      Agreement for the promotion and reciprocal protection of investments 27/02/1994 Financial  No "The term "territory" shall mean with respect to each Contracting Party, the territory of that Contracting Party including the territorial sea, as well as the continental shelf and the exclusive economic zone over which that Contracting Party exercises sovereign rights or jurisdiction in conformity with international law."
  • Lithuania

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on cooperation on public security and the fight against crime 06/12/2018 Law Enforcement No  
      Agreement on gainful occupation for family members of a member of a diplomatic mission or consular post 03/06/2012 Labour; Diplomatic No  
      Agreement on bilateral cooperation in private sector in industrial research and development 19/12/2010 R&D; Industrial  No  
      Agreement on cooperation in the field of tourism 14/06/2010 Tourism No  
      Program of cultural, educational and scientific cooperation 22/06/2009 Cultural; Educational; Scientific Unknown [Text not available]
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 11/05/2006 Taxation No "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights, including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign or other rights and jurisdiction."
      Agreement concerning cooperation in the fields of telecommunications, posts and informatics 16/05/1997 Telecommunication; Postal No  
      Agreement on cooperation in the fields of health and medicine 01/03/1995 Health No  
      Agreement on cultural, educational and scientific cooperation 02/10/1994 Cultural; Educational; Scientific No  
      Agreement for the promotion and reciprocal protection of investments 02/10/1994 Financial No "With respect to the State of Israel: The term "territory" shall mean the territory of the State of Israel including the territorial sea, as well as the continental shelf and the exclusive economic zone over which the State of Israel exercises sovereign rights or jurisdiction in conformity with international law."
  • Luxembourg

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 13/12/2004 Taxation No "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights, including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercises its sovereign or other rights and jurisdiction."
      Air transport agreement 14/06/1994 Aviation

      No

      "The term "territory" has the meaning specified in Articles 2 and 96 of the 1944 Chicago Convention."
    • Business guidance

      Date Link Information

      From 3 July 2014
      until January 2018

      Common messages aimed at raising awareness among EU citizens and businesses regarding involvement in financial and economic activities in the settlements, issued by the Ministry for Foreign and European Affairs. (Archive link)

      "The European Union and its member states are raising awareness among European businesses and citizens to the risks of financial and economic activities in the settlements. Financial transactions, investments, purchases, acquisitions and other economic activities (including tourism) in Israeli settlements or benefiting Israeli settlements incur economic and legal risks arising from the fact that, under international law, Israeli settlements are developed on occupied territory and are not recognised as a legitimate part of Israeli territory. This can result in disputes over rights to building, water, mineral resources and other natural resources that can be the subject of purchases or investments.

      "Potential implications for corporate reputations should also be taken into account as well as possible violations of international humanitarian law and the law on human rights.

      "Potential buyers and investors should be aware that a future peace agreement between Israel and the Palestinians, or between Israel and Syria, could have consequences for their rights to the property they buy and economic activities they engage in with the settlements. In the case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "Companies and EU citizens should also be aware of the potential implications, in terms of their reputation, that could arise from their participation in economic and financial activities in the settlements.

      "Companies and EU citizens contemplating financial or economic interest in the settlements should seek appropriate legal advice before taking any steps."

    • Business and Human Rights (BHR) news

      Date Information

      March 2018

      Sixteen civil society organisations launch initiative calling for the introduction of binding legislation establishing a duty of vigilance for transnational companies domiciled in Luxembourg. The proposal aims to integrate respect for human rights, labour standards and international environmental agreements and provisions throughout the business supply chain.

      February 2014

      Luxembourg’s state pension fund FDC excludes nine major Israeli banks and firms, and one US company, due to their “association to supporting construction of illegal settlements in occupied territories.” This is based on its 'socially responsible' investment strategy which included a list of 61 excluded firms.

      Excluded entities include: Bank Leumi, Bank Hapoalim, First International Bank of Israel, Israel Discount Bank and Mizrahi Tefahot Bank AFI (Africa Israel Investments), Jerusalem Economy, Ltd., and Real Estate Management & Development. The arms manufacturer Elbit Systems was excluded for its role in “providing security systems for [the] illegal separation barrier on occupied territories.” The US firm Motorola Solutions was also specifically barred from inclusion in the pension fund because of its “association to assisting in human rights violations in occupied territories.”

  • Malta

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Memorandum of understanding on cooperation in the water sector 19/06/2018 Water No  

      Convention for the avoidance of double taxation and the prevention of fiscal evasion

      28/07/2011 Taxation No

      "The term "Israel" means the State of Israel and when used in a geographical sense comprises the territory in which the Government of the State of Israel has taxation rights, including its territorial sea, as well as those maritime areas adjacent to the outer limits of the territorial sea, including seabed and subsoil thereof over which the State of Israel, in accordance with international law and the laws of the State of Israel, exercise its sovereign or other rights and jurisdiction."

      Agreement on cooperation in the fields of health and medicine 18/04/2005 Health No  
      Agreement on co-operation in compiling illicit trafficking and abuse of narcotic drugs etc 28/05/1999 Law Enforcement No  
      Agreement on technical cooperation 22/02/1994

      Technical; Energy; Health

      No  
      Agreement on cultural, educational and scientific cooperation 22/02/1994 Cultural; Educational; Scientific No  
    • Business guidance

      Date Link Information

      Until June 2017

      No longer available. (Archive link)

      "The European Union and its member states are raising European citizens' and businesses' awareness on the risks related to economic and financial activities in the settlements. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in. Possible violations of international humanitarian law and human rights law should also be borne in mind.

      "Potential buyers and investors should be aware that a future peace deal between Israel and the Palestinians, or between Israel and Syria, could impact their rights to property they purchase or economic activities they promote in these settlements. In case of disputes, it could be very difficult for member states to ensure national protection of their interests.

      "EU citizens and businesses should also be aware of the potential reputational implications of getting involved in economic and financial activities in settlements.  EU citizens and businesses contemplating any economic or financial involvement in settlements should seek appropriate legal advice before proceeding."

  • Netherlands

    • Bilateral agreements

       Name Date Type Complies with UNSCR 2334? Territorial Definition

      Protocol amending the convention on social security signed at Jerusalem on 25 April 1984 and revised on 17 July 2001

      04/12/2017 Social Security Yes

      [The agreement’s implementation was fixed as of January 2016. See the 2001 agreement for more details.]

      Agreed Minutes amending the annex to the air transport Agreement

      12/02/2013 Aviation No

      [See 1950 agreement]

      Convention on social security concerning revision of the Convention signed on 25 April 1984 17/07/2001 Social Security Yes

      [As of January 2016, the Netherlands implemented restricted pension payments to Dutch nationals living in Israeli settlements.

      The measure was first announced in September 2002 by then state secretary for social affairs and employment Mark Rutte:

      "On the basis of international law, Israel is an occupying power in the occupied territories, not a sovereign ruler. That is why Israel has no authority to enter into treaty obligations for the occupied area. Israel can therefore not enter into a Treaty obligation for Dutch residents residing in the occupied territories within the framework of the BEU Act (...) The Netherlands and Israel did not pay explicit attention to the occupied territories within the social security treaty, because it was known that Israel has no say over this territory (...) This also applies to [Dutch] benefit recipients residing in the Western Sahara." (link)

      The Social Insurance Bank provides additional details:

      "Israel (Gaza Strip, West Bank, East Jerusalem and Golan): If you live in this area, the export restrictions of the BEU Act will apply from 1 January 2016. As a result, your AOW pension and AOW income support are limited or withdrawn." (link)

      Amendment of the 1950 Air transport agreement 13/01/1999 Aviation No  
      Protocol amending the 1973 Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 16/01/1996 Taxation No

      [See 1973 agreement]

      Exchange of Notes amending the schedules in the Annex to the Air Transport Agreement of 23 October 1950 between the parties

      04/10/1994 Aviation No [See 1950 agreement]
      Agreement on scientific and technological cooperation in the field of agricultural research 02/11/1992 R&D; Agricultural; Scientific  No  
      Convention on social security  25/04/1984 Social Security No ""Territory" means, in relation to Israel, its territory."
      Cultural agreement 10/11/1975 Cultural; Educational No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 09/09/1974 Taxation No "The term "Israel" means the State of Israel."
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 02/07/1973 Taxation No

      "The term "Israel" means the State of Israel and the part of the seabed and sub-soil under the sea over which the State of Israel has sovereign rights in accordance with international law (...) For the purposes of this Convention, the term "resident of one of the States" means any person who, under the law of that State, is liable to taxation therein by reason of his domicile, residence, place of management or any other criterion of a similar nature."

      Letter of agreement on scientific co-operation in the field of life sciences

      01/09/1970 Scientific No  
      Agreement regarding the payment of old age pensions and widows' and orphans' pensions (with exchange of notes) 25/04/1963 Social Security No

       

      Air transport agreement 23/10/1950 Aviation No  
    • Bills and resolutions

      Name Information Status

      Adoption of the budget statements of the Ministry of Foreign Affairs with Amended Motion (34300-V, no. 22), proposed by Ten Broeke

      "Calls on the government (...) to argue in the Foreign Affairs Council that the European Commission should also issue [labelling] guidelines for all products from all areas occupied under international law, or illegally annexed, in order to inform consumers correctly, clearly and consistently about the actual origin of products."

      [Government response provided on 26/05/2016 - see 'Official Announcements' tab]

      Passed 24/11/2015

      Law Restricting Export Benefits (BEU Act)

      "The Gaza Strip, the West Bank and East Jerusalem are under Palestinian authority and do not fall under the treaty concluded with Israel over control of the right to benefits." [External Link] Passed into law on 27/05/1999
    • Business guidance

      Date Link Information

       

        [Despite having not published any official business guidance, The Netherlands maintains a long-standing policy of discouraging business ties with Israeli settlements.]

      17/01/2018



      Engagement by the Dutch Embassy in Tel Aviv with the Israeli supermarket chain Shufersal in relation to the discouragement policy

      "For years the Dutch government has been discouraging economic relations with companies in Israeli settlements in occupied territory. If Dutch companies turn to the government, they will be informed about this policy. The Dutch government does not provide services to Dutch companies with regard to activities that they develop in or for the benefit of Israeli settlements in occupied territory. In addition, the government informs Dutch companies actively in cases in which it is itself involved, such as the bilateral cooperation forum. It is up to companies themselves to determine which activities they develop and with which partners they collaborate. In the context of International Corporate Social Responsibility (CSR), Dutch companies are expected to make a well-considered decision under their own responsibility, subject to the OECD Guidelines for Multinational Enterprises, based on which they are prepared to make public accounts.

      "In terms of economic relations with companies in Israeli settlements the Cabinet uses, as known, a discouragement policy. Within the framework of that policy, each occurring case is assessed separately. The policy applies to activities of Dutch companies, if they contribute directly to the construction and maintenance of settlements or if they directly facilitate the construction or maintenance thereof. This concerns activities in settlements, activities with companies located in settlements and activities outside settlements that benefit settlements. It can be complicated in some cases to assess this. In cases where it is not clear in advance whether an activity will benefit settlements, the Cabinet advises Dutch companies to enter into discussions with the relevant Israeli company. It is ultimately up to companies themselves to determine which activities they develop and with which partners they work together.

      "The European Commission's Implementing Regulation of February 2014, referred to in question 24, concerns an amendment to a Regulation on certification requirements for imports into the EU of meat from farmed ratites from Israel  which stipulates that the certificates shall only cover the territory of the state Israel and not the territories occupied by Israel since 1967."

      22/04/2015

      Answers to questions put forward by the Foreign Affairs Committee of the Dutch Parliament

      "The Dutch government has been discouraging economic relations with companies in Israeli settlements in occupied Palestinian territory for years. If Dutch companies turn to the government, they will be informed about this policy. The Dutch government does not provide services to Dutch companies when it comes to activities that they develop in or for the benefit of Israeli settlements in occupied Palestinian territory. In addition, it informs Dutch companies actively in cases in which it itself is involved, such as the bilateral cooperation forum with Israel. The government has no overview of the effects of the discouragement policy.

      "The policy applies to activities of Dutch companies if they contribute directly to the construction and maintenance of settlements or if they directly facilitate the construction or maintenance thereof. This concerns activities in settlements, activities with companies located in settlements and activities outside settlements that benefit settlements. In cases where it is not clear in advance whether an activity will benefit settlements, the Cabinet advises Dutch companies to enter into discussions with the relevant Israeli company. An adjustment of this policy is not an issue.

      "The policy will be fully implemented at the next edition of the cooperation forum with Israel. Only Israeli companies based in Israel (within the 1967 borders) participate in the forum with Israel and whose activities within the framework of the cooperation forum are also carried out within those boundaries. To this end, a screening of Israeli companies applying for participation takes place within the framework of the cooperation forum with Israel."

      22/07/2013

      Letter from Foreign Minister Timmermans to the President of the House of Representatives

      "The Dutch government discourages economic relations between Dutch firms and businesses in settlements in the occupied territories. Dutch government institutions do not provide services to any businesses established in Israeli settlements. The Dutch Embassy in Tel Aviv advises Dutch firms on the international law implications of doing business in occupied territories. Dutch firms will, where necessary, be held to account."
    • Official announcements

      Date Link Statement

      08/02/2019

      Answering parliamentary questions about incorrect registration in the BRP, from State Secretary Raymond Knops

      "To register the country of birth in the Basic Registration of Persons (BRP), use must be made of the Country Table. The policy of the State Secretary for the Interior and Kingdom Relations and the Minister for Foreign Affairs is based on the premise that only states and territories recognized as constituting a state recognized by the Kingdom of the Netherlands can be included in the Country Table. Under Article 23 of the BRP Decree, the State Secretary for Home Affairs and Kingdom Relations may exceptionally decide to include other areas in the Country Table. The mention of areas must fit within the system of the Country Table as an administrative / political list and must also be in accordance with the foreign policy of the Dutch government.

      "The designation "(occupied) Palestinian territory" does not fit within the system of the Country Table and is therefore not included in the Country Table.

      "[But] I intend to amend the Country Table (Table 34) and include the designation "Gaza Strip and West Bank, including East Jerusalem" for persons who were born in those areas from 15 May 1948. This change fits within the system of the Country Table as an administrative / political list. The name derives from the Oslo Accords and resolutions of the United Nations Security Council, including Resolution 478 (1980). The name is also in line with the Dutch position that Israel has no sovereignty over these areas and the position with regard to the non-recognition of the 'State of Palestine'."

      17/01/2018

      Engagement by the Dutch Embassy in Tel Aviv with the Israeli supermarket chain Shufersal and in relation to the discouragement policy

      "The Cabinet is against a boycott of Israel and is committed to the strengthening of economic relations with Israel within the 1967 borders.

      "The Government and the EU do not pursue a general 'differentiation policy'. Under international law, the Netherlands and the EU do not recognize Israeli sovereignty over territories occupied by Israel since June 1967 and do not consider these territories as part of Israeli territory. The Netherlands and the EU consider Israeli settlements in occupied territory as contrary to international law. This position, moreover, is also laid down in European Council conclusions and is in line with UN Security Council resolution 2334 (2016)."

      26/05/2016

      Response on the implementation of the motion proposed by Ten Broeke (34300-V, no. 22), issued by the Minister for Foreign Trade and Development

      "It has emerged that no support exists to establish guidelines for all products from all territories occupied under international law or illegally annexed. Among EU Member States and EU institutions there is broad consensus on the situation in the territories occupied by Israel. This is due to the combination of both a demand from consumers and businesses for clarity and also a clearly articulated EU position with regard to the territories occupied by Israel, set out in Council conclusions, based on international law. Both elements are missing in relation to other areas (...)

      "The probe reveals that there is no demand in other Member States for interpretative communications on origin marking for products from other areas. A large group of Member States and the EU institutions, believe that such areas are too different to compare or to relate to each other. It is also doubtful whether from the perspective of international law there is a clear vision for these areas. In addition, a group of Member States indicatrf that a broader approach is not feasible and / or ineffective because it is estimated that [sufficient] support does not exists among Member States and that implementation will be difficult due to the large differences. A number of Member States do not have an interest in this issue. There is a small number of Member States that have no objection to hearing a proposal (...) [But] it is clear that the great majority of Member States are resistant to such a proposal. Additional statements that explain about the method of interpretation of existing directives on consumer protection should come from a broad, shared, European need for  clarification relating to other areas, which does not exist.

      "The government points out that the application of EU legislation relating to the indication of origin must be accurate and non-misleading, regardless of where the product comes from. The business continues to be responsible for accurate and non-misleading origin marking. Consumers can, if they suspect that there is fraud concerning a product, lodge a complaint with the Consumer and Market Authority and / or the Dutch Food and Goods Authority."

      22/04/2015

      Answers to questions put forward by the Foreign Affairs Committee of the Dutch Parliament

      "The drafting of guidelines [on the eligibility of Israeli entities for EU funding] is a decision of the European Commission following the conclusions of the Foreign Affairs Council in May and December 2012. These guidelines came into effect on 1 January 2014. They stipulate that Israeli entities may be eligible for EU grants if they are registered in Israel (with the pre-1967 borders being adhered to) and that the activities to be subsidized must also be implemented within those limits. The guidelines are not legally binding and form a guideline for the European Commission's own actions. Although the EU guidelines on eligibility are therefore not directly applicable to bilateral cooperation fora, these guidelines are in line with Dutch policy on illegal Israeli settlements in occupied territory."

      20/09/2002

      Answer to a Parliamentary Question, from State Secretary Rutte
       

      "On the basis of international law, Israel is an occupying power in the occupied territories, not a sovereign ruler. That is why Israel has no authority to enter into treaty obligations for the occupied area. Israel can therefore not enter into a Treaty obligation for Dutch residents residing in the occupied territories within the framework of the BEU Act (...) The Netherlands and Israel did no pay explicit attention to the occupied territories within the social security treaty, because it was known that Israel has no say over this territory (...) This also applies to [Dutch] benefit recipients residing in the Western Sahara." 

    • Business and Human Rights (BHR) news

      Date Information

      January 2019

      Amnesty International releases report highlighting Booking.com's contribution to the settlement economy and, indirectly, to Palestinian human rights violations. 

      November 2018

      Human Rights Watch releases report arguing that Booking.com helps make Israel's settlement more profitable, thereby making them more sustainable and facilitating Israel’s internationally unlawful actions. 

      January 2017

      Danwatch publishes report finding that Europe’s five largest pension funds—including Stichting Pensioenfonds ABP and Pensioenfonds Zorg en Welzijn—have €7.5 billion invested in companies with business activities in and around Israeli settlements on occupied Palestinian land.

      January 2014

      PGGM announces it will no longer invest in five Israeli banks, namely Bank Hapoalim, Bank Leumi, First International Bank of Israel, Israel Discount Bank and Mizrahi Tefahot Bank. According to PGGM:

      "For several years PGGM has been in dialogue with these banks. The reason for this engagement was their involvement in financing Israeli settlements in the occupied Palestinian territories. This was a concern, as the settlements in the Palestinian territories are considered illegal under international humanitarian law. Moreover, international observers have indicated that the settlements constitute an important obstacle to a peaceful (two-state) solution of the Israeli- Palestinian conflict.

      In 2004 the International Court of Justice concluded in an Advisory Opinion that the settlements in the Palestinian territories are in breach of Article 49 of the Fourth Geneva Convention relative to the Protection of Civilian Population in Time of War. This article prohibits an occupying power to transfer its own citizens to occupied territory. International bodies, including the UN General Assembly and the UN Human Rights Council have adopted various broadly supported resolutions, which state that the settlements are considered illegal. Israel disputes this interpretation of the applicability of international law.

      In line with the Responsible Investment policy a dialogue has taken place with the before mentioned banks. Engagement is an important tool to allow PGGM to act as a responsible owner on behalf of its clients. The dialogue showed however that, given the day-to-day reality and domestic legal framework they operate in, the banks have limited to no possibilities to end their involvement in the financing of settlements in the occupied Palestinian territories. Therefore, it was concluded that engagement as a tool to bring about change will not be effective in this case. As concerns remain and changes are not expected in the foreseeable future, PGGM no longer invests in the companies concerned as of January 1st 2014.

      PGGM continues its dialogue with a small number of other companies on the same issue and will report on progress through its regular reporting."

      December 2013

      Vitens, the largest Dutch water company, ends its collaboration with Israel's Mekorot national water company over its servicing of Israeli settlements. As reported in Haaretz, Vitens explained that “following consultations with the parties involved, including the Ministry of Foreign Affairs, the company concluded that it would be very difficult jointly to develop possible future projects, considering that these projects cannot be seen separately from the political context [of Israel’s West Bank settlements].”

      September 2013

      The Royal Haskoning DHV engineering firm pulls out of plan to build Israeli waste water treatment plant in East Jerusalem. According to Haaretz: this came after the Dutch government asked the company to rethink its participation because the project was based on the Palestinian side of the 1967 border, and that this would violate international law.

      May 2013

      National Prosecutor's Office closes investigation of Lima Holding B.V. - known in the Netherlands under the trade name Riwal - after allegations by Al Haq that it was involved in war crimes under the Geneva Conventions and the International Crimes Act.

      According to the Public Prosecution Service: "Dutch companies are not expected to be involved in any way in violations of the International Crimes Act or the Geneva Conventions. The relevant company was also called to account in 2006 and 2007 by the Ministries of Foreign Affairs and Economic Affairs. The question of whether the aforementioned activities constitute such a violation is complex and cannot be answered with certainty without further investigation. Such a further investigation is not proceeding now that it has been found that Lima Holding BV, after a declaration has been made, is terminating the activities in Israel and the occupied territories and has taken far-reaching steps to that end." [Al Haq backgrounder]

      February 2013

      Anglo-Dutch multinational consumer goods company Unilever relocates its factory from the industrial park of Barkan (in the settlement of Ariel) to within Israel proper.

      December 2006

      ASN Bank divests from French firm Veolia involved in the East Jerusalem light rail construction project because such activity "is not in line with the United Nation's [sic] demand to stop all support for Israel's settlement activities."

  • Poland

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on cooperation in the fields of health and medicine 11/09/2006 Health No  
      Protocol to amend the agreement for the promotion and reciprocal protection of investments 27/06/1997 Financial No  
      Agreement on cooperation in tourism 14/01/1997 Tourism No  
      Agreement on cooperation in the field of posts and telecommunications 14/01/1997 Telecommunication; Postal Unknown [Text not available]
      Agreement on technical cooperation in dairy development 19/12/1996 Agricultural Unknown [Text not available]
      Agreement for the promotion and reciprocal protection of investments 22/05/1991 Financial No "The term "territory" shall mean with respect to each Contracting Party, the territory of that Contracting Party."
      Agreement on co-operation in culture, science and education 22/05/1991 Cultural; Educational; Scientific  No  
      Agreement for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income 22/05/1991 Taxation No

      "The term "Israel" means the State of Israel and when used in a geographical sense includes territory in which the Government of Israel may enforce the collection of taxes according to international law and the laws of the State of Israel, including the sea, seabed and subsoil of the maritime areas adjacent to the coast thereof, but beyond the territorial sea, over which Israel exercises sovereign rights, in accordance with international law, for the purpose of exploration and exploitation of the natural resources of such areas."

      Agreement on the reciprocal establishment of culture and information centres and their activities 22/05/1991 Cultural  No  
      Air transport Agreement 27/02/1990 Aviation No "The terms "territory" (...) have the meaning specified in Articles 2 and 96 of the Chicago Convention."
  • Portugal

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income 26/09/2006 Taxation No "The term "Israel" means the State of Israel and when used in a geographical sense includes territory in which the Government of Israel may enforce the collection of taxes according to international law and the laws of the State of Israel, including the sea, seabed and subsoil of the maritime areas adjacent to the coast thereof, but beyond the territorial sea, over which Israel exercises sovereign rights, in accordance with international law, for the purpose of exploration and exploitation of the natural resources of such areas."
      Agreement on economic, industrial, technical and scientific cooperation 25/10/1992 Economic; Scientific; Industrial; Technical No  
      Cultural agreement 25/10/1992 Cultural  No  
  • Romania

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on social security 28/02/2011 Social Security No  
      Amendment to agreement on reciprocal promotion and protection of investments  12/08/2010 Financial Unknown [Text not available]
      Memorandum of understanding concerning cooperation in the field of housing and urban development 17/07/2001 Development No  
      Agreement on cooperation in combatting illicit trafficking and abuse of narcotic drugs and psychotropic substances and other serious crimes 17/07/2001 Criminal  No  
      Agreement for the reciprocal promotion and protection of investments 03/08/1998 Financial No "The term "territory" shall comprise the State territory of each Contracting Party, including the territorial sea as well as the continental shelf and the exclusive economic zone over which the State concerned exercises, in conformity with internal and international law, sovereignty, sovereign rights or jurisdiction."
      Agreement for cooperation in the field of agriculture 03/08/1998 Agricultural No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 15/06/1997 Taxation No "The term "Israel" means the State of Israel and when [it] is used in a geographical sense, indicates the territory of the State of Israel including its territorial sea as well as the exclusive economic zone and the continental shelf over which the State of Israel exercises sovereign rights, in accordance with its internal law and with the international law, concerning the exploration and exploitation of the natural, biological and mineral resources existing in the sea waters, sea bed and subsoil of these waters."
      Agreement in the field of tourism 29/03/1995 Tourism  No  
      Agreement concerning cooperation in the field of telecommunications and posts 20/06/1991 Telecommunication; Postal No  
      Agreement on cooperation in the fields of health and medicine 24/04/1991 Health No  
      Agreement on bilateral investment 02/09/1991 Financial Unknown [Text not available]
      Agreement on cultural and scientific co-operation 17/09/1979 Scientific No  
  • Slovakia

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on social security 15/06/2010 Social Security No  
      Agreement on cooperation in the field of agriculture 08/02/2000 Agricultural No  
      Agreement for the promotion and reciprocal protection of investments 08/09/1999 Financial  No "The term "territory" shall mean with respect to each Contracting Party, the territory of that Contracting Party including the territorial sea, as well as the continental shelf and the exclusive economic zone over which that Contracting Party exercises sovereign rights or jurisdiction in conformity with international law."
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 08/09/1999 Taxation No "The term "Israel" means the State of Israel in accordance with its law and when used in a geographical sense includes, but it is not limited to, the territorial waters of Israel and any area outside such territorial waters which in accordance with the laws of Israel is an area within which the rights of Israel with respect to the exploration of the natural, biological and mineral resources existing in the sea waters, sea bed, and subsoil of these waters may be exercised."
      Agreement on cooperation in the field of veterinary medicine 29/04/1996 Agricultural; Veterinary No  
      Agreement on cooperation in the field of plant quarantine and plant protection 29/04/1996 Agricultural No  
      Agreement on cooperation in the fields of health and medicine 27/02/1995 Health No  
  • Slovenia

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition

      Agreement on the gainful occupation for family members of a member of a diplomatic mission or consular post

      16/08/2017 Labour; Diplomatic Unknown [Text not available]

      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital

      30/01/2007 Taxation No "The term “Israel” means the State of Israel (...) For the purposes of this Convention, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature, and also includes that State or local authority thereof."
      Agreement on cooperation in the fields of health and medicine 21/08/2002 Health No  
      Agreement for the reciprocal promotion and protection of investments 13/05/1998 Financial No "The term “territory” shall mean with respect to each Contracting Party the territory of that Contracting Party and includes the territorial sea, exclusive economic zone and continental shelf where that Contracting Party exercises sovereignty, sovereign rights or jurisdiction in accordance with international law."
      Agreement on cooperation in the fields of culture, science and education 16/06/1993 Scientific; Cultural; Educational No  
    • Business guidance

      Date Link Information

      (no date)

      Information on Israel, issued by the Foreign Ministry "Joint communications aimed at raising awareness among EU citizens and business entities of their participation in financial and economic activities in Israeli settlements in occupied territories." [more]

      03/07/2014

      Joint communications aimed at raising awareness among EU citizens and business entities of their participation in financial and economic activities in Israeli settlements in occupied territories, issued by the Slovenian Embassy in Tel Aviv

      "The European Union and its members represent the view that Israeli settlements in occupied territories are illegal under international law to constitute an obstacle to peace and threaten the settlement of the Israeli-Palestinian conflict in the sense of two countries. The EU and the Member States will not recognize any changes to the borders before 1967, including Jerusalem, with the exception of those agreed upon by both parties. The West Bank, including East Jerusalem, the Gaza Strip and the Golan Heights, are the territories Israel has occupied since 1967.

      "Consequently, the European Union and the Member States are warning European citizens and business entities of the risks associated with economic and financial activities in settlements. Financial transactions, investments, purchases, purchases, as well as other economic activities (including services such as tourism) in Israeli settlements, or which benefit them, include legal and economic risks arising from the fact that, according to international law, Israeli settlements are built on occupied territory and not recognized as a legitimate part of Israeli territory. This may result in disputes concerning the ownership of land, water resources, mineral and other natural resources that could be the subject of purchase or investment.

      "Possible violations of international humanitarian law and human rights law should also be taken into account.

      "Potential buyers and investors should be aware that a future peace agreement between Israel and Palestine, or between Israel and Syria, could have implications for the acquired ownership or economic activities in these settlements. In the event of disputes, it would be very difficult for Member States to ensure the protection of their interests.

      "EU citizens and business people must also be aware of the potential implications for their reputation, in the case of cooperation with settlements in the occupied Palestinian territories."

  • Spain

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on film co-production 17/12/2012 Film; Cultural No  
      Agreement on the protection of classified information 07/02/2011 Security; Data No  
      Agreement on remunerated employment for dependants of diplomatic, administrative and technical personnel of diplomatic missions 31/03/2009 Labour; Diplomatic Unknown [Text not available]
      Agreement on co-operation in combating crime 18/04/2007 Law Enforcement; Data No  
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital 30/11/1999 Taxation No "The term "Israel" means the State of Israel and, when used in a geographical sense, it comprises the territory of the State of Israel including any area outside the territorial sea upon which, in accordance with international law and on application of its domestic legislation, the State of Israel exercises or may exercise in the future jurisdiction or sovereign rights with respect to the seabed, its subsoil and superjacent waters, and their natural resources."
      Agreement on cooperation in the field of desertification (with exchange of notes of 28 December 1993 and 25 January 1994) 09/11/1993 Conservation  No  
      Agreement on cooperation in environmental matters and nature conservation 09/11/1993 Conservation  No  
      Agreement on cooperation in the field of agriculture (with exchange of notes dated 15 and 30 September 1994) 09/11/1993 Agricultural No  
      Agreement for cooperation in the field of energy (with list and exchange of notes dated 15 and 30 September 1994) 09/11/1993 Energy No  
      Convention on scientific and technological cooperation 23/10/1989 Scientific No  
      Convention for the mutual recognition and enforcement of judgements in civil and commercial matters 30/05/1989 Civil; Judicial  No  
      Air transport agreement 31/07/1989 Aviation No "The terms "territory" [...] have the meaning specified in Articles 2 and 96 of the [Chicago] Convention."
      Agreement on cooperation in tourism 01/11/1987 Tourism No  
      Cultural convention 09/02/1987 Cultural  No  
    • Business guidance

      Date Link Information

      (no date)

      Possible implications for citizens and companies of the European Union relating to economic and financial activities in the settlements, issued by the Foreign Ministry

      "The European Union and its member states wish to draw the attention of their citizens and businesses to the risks associated with economic and financial activities in the settlements. Financial transactions, investments, procurement, contracting, and other economic activities (including services such as tourism) or in Israeli settlements that will benefit them, pose legal and economic risks derived from the fact that Israeli settlements, according to international law, are built on occupied territory are not recognized as a legitimate part of the territory of Israel. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "Possible violations of international Humanitarian Law and Human Rights should also be taken into account.

      "Potential buyers and investors should be aware that a future peace agreement between Israel and the Palestinians, or between Israel and Syria, could have consequences for those who have acquired properties as well as economic activities promoted in such settlements. In case of disputes, it could be very difficult for member states to ensure the protection of their interests.

      "Citizens and EU companies should also be aware of the potential implications for their reputation in participating in economic and financial activities in the settlements.

      "Citizens and EU companies that include some form of economic or financial activity in the settlements must, before proceeding, procure suitable legal advice."

    • Business and Human Rights (BHR) news

      Date Information

      September 2019

      Who Profits: "In August 2019, the Israeli Ministry of Finance announced that TransJerusalem J-Net Ltd, a consortium comprised of the Spanish multinational company CAF- Construcciones y Auxiliar de Ferrocarriles and the Israeli public company Shapir Engineering and Industry, won the tender to expand the Jerusalem light rail, which connects Israeli settlements in occupied East Jerusalem with the western part of the city." [more information]

       

  • Sweden

    • Bilateral agreements

      Name Date Type Complies with UNSCR 2334? Territorial Definition
      Agreement in the sphere of industrial research and development 18/12/2000 R&D; Industrial Unknown [Text not available]
      Convention on social security 30/06/1982 Social Security No ""Israel" means the State of Israel."
      Agreement on the co-production of films 10/09/1971 Film; Cultural  No  
      Agreement for the avoidance of double taxation with respect to death duties 15/05/1962 Taxation No ""Territory" means Israel."
      Agreement for the avoidance of double taxation with respect to taxes on income and capital 22/12/1959 Taxation No "The terms "territory of one of the Contracting Governments" (...) mean Sweden or Israel"
      Exchange of notes constituting an agreement between Israel and Sweden regarding the exemption from income tax and all other taxes on income derived from the exercise of shipping activities and the operation of aircraft services 17/06/1956 Taxation No  
    • Business guidance

      Date Link Information

      November 2015 (last update)

      Trade with Israel and Palestine, information issued by the Government Offices of Sweden

      "The EU and Sweden believe that the existence of Israeli settlements in the West Bank, including East Jerusalem is a violation of international law. Therefore, products from Israeli settlements are not handled as if they were from Israel. Sweden has offered a much more detailed business advisory compared to other member states.

      "There is no ban on trade in products from the settlements, but according to the Association Agreement between the EU and Israel, the EU and Sweden have an obligation to ensure that settlement products do not benefit from preferential tariff measures that are otherwise applicable to Israeli products. A judgment of the European Court of Justice in February 2010 (the “Brita” case) confirms this demarcation of Israel based on the 1967 borders.

      "According to a technical agreement between the EU and Israel, Israeli products are labelled with the postal code of the place of production. On entry into an EU country the postal code is controlled, and products from the settlements are subject to the tariff generally applied to imports to the EU from third countries. Both the EU Commission and individual EU countries have made regular checks to ensure that these tariff rules are followed.

      "In Sweden, it is the Swedish Customs authority that is responsible for such checks. The Customs' website provides a list of those Israeli postal codes that do not give preferential treatment given that they come from the settlements. Customs Administration urges Companies that import from Israel to regularly consult this list.

      "Origin labelling for settlement goods in Swedish shops

      "There are common EU rules on origin and labelling that say that information to consumers must not be false or misleading. In the case of Israel and Palestine, there has been a demand from various stakeholders, including consumers in the EU, for clearer guidance on how products can and should be marked so as not to mislead consumers. Demand for clearer guidance has specifically applied to the labelling of products from Israeli settlements.

      "In 2012, the EU foreign ministers and member states committed themselves to the full and effective implementation of EU legislation relating to products from Israeli settlements. The practice is to apply this principle of differentiation between Israel within its internationally recognised 1967 borders and the illegal settlements.

      "For many foods and all cosmetic products labelling of origin is mandatory. For other foods indicating their origin is obligatory if failure to do so would mislead consumers. Moreover, the EU ruled that its food law aims to protect consumer interests and opportunities to make informed decisions about the food they consume.

      "On 12 November 2015, the European Commission published guidelines, or an "interpretative notice" relating to the origin of products from territories occupied by Israel since June 1967. The aim is to clarify and to help EU importers correctly apply existing legislation in the consumer area. Clarifying when and how a product can or must be marked strengthens the ability of consumers to make informed purchases. If products from Israeli settlements in occupied territory are marketed as products from Israel, this is misleading according to EU regulations and therefore not acceptable. The trader has a duty to ensure that the current rules are applied. Supervision is handled by the relevant authorities.

      "The EU countries that previously published national guidelines for labelling of products from Israeli-occupied territories have not noticed any negative impact on trade volumes. On the contrary, there are signs that clearer consumer information may have contributed to an increase in imports from Israel, at least in the case of the UK. 

      "Corporate activities and investments in settlements

      "EU member states have decided to publish common messages that aim to raise awareness among citizens and businesses in the EU regarding participation in financial and economic activities in the settlements. The jointly agreed text reads as follows:

      "The European Union and its member states consider that Israeli settlements are illegal under international law, constitute an obstacle to peace and threaten to make impossible a two-state solution to the Israeli-Palestinian conflict. The EU and its member states will not recognise any change to the 1967 borders other than those agreed between the parties. This also applies to Jerusalem. The West Bank, including East Jerusalem, Gaza and the Golan Heights are the areas occupied by Israel since 1967."

      "The European Union and its member states therefore want to raise European citizens and enterprises' awareness of the risks associated with economic and financial activities in the settlements. Financial transactions, investments, purchases, contracts and other economic activities (also in tourism and other services) in Israeli settlements or for the benefit of Israeli settlements, are associated with legal and financial risks since under international law the Israeli settlements are built on occupied land and are not recognised as a rightful part of Israeli territory. This may result in disputed titles to land, water, mineral or other natural resources purchased or invested in.

      "It is also important to consider possible violations of international humanitarian law and human rights.

      "Prospective buyers and investors should be aware that a future peace agreement between Israel and the Palestinians, or between Israel and Syria, could have consequences for property they purchase or economic activities they support in these settlements. In the event of a dispute, it can be very difficult for member states to ensure national protection of their interests.

      "Citizens and businesses in the EU should also be aware that their reputation could be affected if they are involved in economic and financial activities in the settlements.

      "Citizens and businesses in the EU considering to participate in the economic or financial settlements should seek legal advice before taking any action.

      "EU guidelines for cooperation with Israel

      "From 1 January 2014 the EU has specific guidelines in place for its cooperation with Israel ("Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards"). The guidelines implement the EU's long-standing policy on Israeli settlements and apply the principle of differentiation. This means that only Israeli entities established or operating within the 1967 borders can apply for EU funds.

      "The guidelines cover regional and local Israeli authorities, state and private companies and NGOs. Individuals are exempt and guidelines do not apply to exports or public procurement. Some examples of EU programs affected by this are Erasmus for All, Mondus Erasmus, Tempus, the EU’s research program Horizon 2020 and the European Instrument for Human Rights.

      "Dialogue on boycott

      "Sometimes voices arise calling for the boycott of Israel and Israeli goods. The government's position is that restrictions on trade are not an appropriate way to resolve the conflict. The government wants to maintain good relations with both Israel and Palestine and works for more exchanges in a number of areas, including trade, with both countries."

    • Official announcements

      Date Link Statement

      20/09/2018

      Swedish Statement at the UN Security Council

      "In line with resolution 2334 and well-established EU policy, we call for the distinction between Israel within pre-1967 borders and occupied territory. As is obvious from the Special Coordinator’s briefing today, progress on implementing this part of resolution 2334 is lacking. We urge all states to act in this regard."
    • Business and Human Rights (BHR) news

      Date Information

      January 2017

      Danwatch publishes report finding that Europe’s five largest pension funds -- including Alecta Pensionsförsäkring -- have €7.5 billion invested in companies with business activities in and around Israeli settlements on occupied Palestinian land.
  • United Kingdom

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition

      Protocol further amending the convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income

      17/09/2019 Taxation No

      [See 1962 agreement]

      ***

      [In May 2019, Secretary of State for International Trade Liam Fox stated: 

      "This agreement applies on the basis of whether a person is tax resident in the UK or in Israel. The exception to that is Article XXI of that agreement which prevent discrimination on the basis of nationality. Whether the agreement applies to a UK national residing in the Occupied Territory will therefore depend on the particular circumstances of that person."]

      Trade and Partnership Agreement 25/01/2019 FTA Yes

      "For the avoidance of doubt in relation to incorporated Article 83 [of the EU's 1995 Euro-Mediterranean agreement establishing an Association with Israel], this Agreement shall apply, ...to the extent that, and under the conditions under which the EU-Israel Trade Agreements applied immediately before they ceased to apply to the United Kingdom."

      ***

      [The British government also published this Explanatory Memorandum on the Trade and Partnership Agreement:

      "With regard to Israel, the EU-Israel Trade Agreements apply to the State of Israel. The same position is being incorporated into the UK-Israel Trade Agreement (pursuant to Articles 3 and 4). The UK does not recognise the Occupied Palestinian Territories (OPTs), including the settlements, as part of the State of Israel. The OPTs are not covered by the current EU-Israel Trade Agreements, nor by the UK-Israel Agreement. Products produced in the Israeli settlements located within the territories brought under Israeli administration since June 1967 are not entitled to benefit from preferential tariff treatment under the EU-Israel Trade Agreements. The arrangement by which this is achieved will be replicated under the UK-Israel Agreement."

      And in February 2019, the Department for International Trade stated:

      "The OPTs are not covered by the current EU-Israel Association Agreement, nor by the Continuity Agreement agreed in principle between the UK and Israel."]

      Film Co-production agreement 03/11/2010 Film; Cultural No  
      Exchange of notes amending the 1970 Convention providing for the reciprocal recognition and enforcement of judgments in civil matters 18/09/2002 Civil; Judicial No [See 1970 agreement]
      Agreement on bilateral cooperation in private sector industrial research and development 24/05/1999

      R&D

      No  
      Protocol amending the 1957 Convention on social security 17/06/1983 Social Security Yes [See 1957 agreement]
      Agreement for air services between and beyond their respective territories 24/09/1975 Aviation No

      "The term "territory" in relation to a State means the areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or trusteeship of that State."

      Convention providing for the reciprocal recognition and enforcement of judgments in civil matters 28/10/1970 Civil; Judicial No "This convention shall apply…to the territory within the jurisdiction of the courts of Israel."
      Protocol amending the Convention of 26 September 1962 for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 20/04/1970 Taxation No [See 1962 agreement]
      Cultural convention 10/06/1969 Cultural No "The terms "territory" and "country" shall mean, in relation to the Government of Israel, the State of Israel."
      Convention regarding legal proceedings in civil and commercial matters 05/07/1966 Civil; Commercial No

      "This Convention shall apply (...) in the case of the Government of Israel to the territory within the jurisdiction of the Courts of Israel." 

      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income 26/09/1962 Taxation No

      "The term "Israel" means the territory in which the Government of Israel levy taxation."

      ***

      [In May 2019, Secretary of State for International Trade Liam Fox stated: 

      "This agreement applies on the basis of whether a person is tax resident in the UK or in Israel. The exception to that is Article XXI of that agreement which prevent discrimination on the basis of nationality. Whether the agreement applies to a UK national residing in the Occupied Territory will therefore depend on the particular circumstances of that person."]

      Convention on social security 29/04/1957 Social Security Yes

      ""Territory" means, in relation to Israel, the territory of Israel, which, for the purpose of this Convention, shall mean the territory administered by the Government of Israel on the 19th of July, 1956."

      ***

      [In May 2019, Secretary of State for International Trade Liam Fox stated: 

      “I can confirm that the Department for Work and Pensions continues to apply and enforce the 1957 social security agreement to the territory administered by the Government of Israel on the 19th of July, 1956, to the extent applicable.”]

    • Business guidance

      Date Link Information

       

      Overseas Business Risk - The Occupied Palestinian Territories, issued by the Foreign and Commonwealth Office (FCO)

      "The UK has a clear position on Israeli settlements: The West Bank, including East Jerusalem, Gaza and the Golan Heights are territories which have been occupied by Israel since 1967. Settlements are illegal under international law, constitute an obstacle to peace and threaten to make a two-state solution to the Israeli-Palestinian conflict impossible. We will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties.

      "There are therefore clear risks related to economic and financial activities in the settlements, and we do not encourage or offer support to such activity. Financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel’s territory. This may result in disputed titles to the land, water, mineral or other natural resources which might be the subject of purchase or investment.

      "UK citizens and businesses should also be aware of the potential reputational implications of involvement in economic and financial activities in settlements, as well as possible abuses of the rights of individuals. Those contemplating any economic or financial involvement in settlements should seek appropriate legal advice.

      "In order to enable consumers to make a more fully informed decision concerning the products they buy, in December 2009, the Department for Environment, Food and Rural Affairs (Defra) introduced voluntary guidelines to enable produce from Israeli settlements in the Occupied Territories to be specifically labelled as such.

      "Since 1 February 2005, products produced in Israeli settlements are not entitled to benefit from preferential tariff treatment under the EU-Israel Association. On 3 August 2012, the European Commission published a revised Notice to Importers (see OJ C 232 page 5) concerning imports from Israel into the Union, including a revised list of non-eligible locations. In November 2015 the EU introduced guidelines stating that produce from Israeli settlements in the Occupied Territories should be specifically labelled as such. According to the EU’s interpretative notice, indication of origin is “mandatory when the omission of that information would mislead the consumer as to the true origin of the product or where such an omission causes or is likely to cause the average customer to take a transactional decision that he would not have taken otherwise.”

      "On 24 March 2016, the United Nations Human Rights Council (HRC) adopted Resolution 31/36. The resolution included a requirement that the Office of the UN High Commissioner for Human Rights (OHCHR) create a database listing all business enterprises involved with/operating in the settlements. The UK has made clear its opposition to this database initiative. However, we understand that work is continuing by OHCHR to develop the database, and there is a risk that British business enterprises involved with/operating in the settlements may be included."

      10/12/2009

      Technical advice: labelling of produce grown in the Occupied Palestinian Territories, issued by the Department for Environment, Food and Rural Affairs

      "The following advice (produced by the Department for Environment, Food and Rural Affairs, working with the Foreign and Commonwealth Office, the Food Standards Agency, HM Revenue and Customs, the Cabinet Office and Department for Business, Innovation and Skills) has been prepared to help businesses, should they wish to respond to consumer demand for information about the origin of food that has been produced in the OPT.

      "The issue of clarity of origin between Palestinian producers and Israeli settlement producers within the OPT largely concerns the West Bank area. Although this advice would be applicable to imports from Gaza and East Jerusalem, we are aware that the majority of imports into the UK come from the West Bank and there have been no Israeli settlements in Gaza since 2006.

      "(...) In all cases the HMRC enquiry line on 0845 010 9000 will be able to help retailers to establish whether the declared location and postcode (where shown) relates to an Israeli settlement in the West Bank and should be used as the primary source of information and assistance. In the vast majority of cases HMRC will be able to say immediately whether a place is in a settlement. However, there may be a small number of instances where it will have to seek advice from the European Commission."

    • Official announcements

      Date Link Statement

      26/02/2019

      Explanatory Memorandum on the Trade and Partnership Agreement between the UK and Israel, published by Minister of State for Trade Policy George Hollingbery, Department for International Trade

      "With regard to Israel, the EU-Israel Trade Agreements apply to the State of Israel. The same position is being incorporated into the UK-Israel Trade Agreement (pursuant to Articles 3 and 4). The UK does not recognise the Occupied Palestinian Territories (OPTs), including the settlements, as part of the State of Israel. The OPTs are not covered by the current EU-Israel Trade Agreements, nor by the UK-Israel Agreement. Products produced in the Israeli settlements located within the territories brought under Israeli administration since June 1967 are not entitled to benefit from preferential tariff treatment under the EU-Israel Trade Agreements. The arrangement by which this is achieved will be replicated under the UK-Israel Agreement."

      05/02/2019

      Answer to parliamentary question, provided by by Minister of State for Trade Policy George Hollingbery, Department for International Trade

       

      "We do not recognise the Occupied Palestinian Territories (OPTs), including the settlements, as part of Israel. The OPTs are not covered by the current EU-Israel Association Agreement, nor by the Continuity Agreement agreed in principle between the UK and Israel.

      "We are also working to finalise the transition of the current EU Interim Association Agreement with the Palestinian Authority.

      "We have committed to informing Parliament as soon as agreements are signed with partner countries. The agreement will be laid in Parliament and we will be publishing a full report on trade agreements, once they are signed."

      October 2017

      Statement by Charity Commission (quoted by Middle East Monitor)

       

      Middle East Monitor: "According to a spokesperson, the Commission has “informed the charity that it must consider the risk of making a grant to a charity operating in the occupied territories, including whether it would breach the Geneva Conventions Act 1957”.

      "While “a grant to a charity in the occupied territories does not automatically constitute a criminal offence in the UK”, the statement continued, it is “for the trustees to manage the risk of doing so and to consider whether it is in the charity’s best interests”.

      26/04/2017

      Written evidence from Middle East and North Africa Directorate, Foreign and Commonwealth Office 

       

      "The UK has a range of capabilities which we can deploy in support of a settlement:

      "(...) EU policies to differentiate between Israel and the OPTs: In 2012 the EU agreed that all agreements between the State of Israel and the EU must indicate their inapplicability to the OPTs. This principle applies to all EU agreements and funding programmes, and these all now make a distinction between the State of Israel and Israeli settlements. In particular, products from settlements do not benefit from the current EU-Israel Association Agreement which governs EU (and hence British) trade with Israel, and in November 2015 the EU issued an interpretative notice advising Member States that products from Israeli settlements should be labelled as such, and not labelled as products of Israel.  Such differentiation ensures that the privileges the EU affords Israel is not extended to its occupation of the OPTs.  This principle of differentiation is also enshrined in the new UN Security Council Resolution 2334, agreed in December 2016. (...)"

      05/02/2014

      Richardson and another v Director of Public Prosecutions (On appeal from [2012] EWHC 1238)

      "The Supreme Court unanimously dismisses the appeal. An activity is ‘unlawful’ for the purposes of s. 68 only if it involves a criminal offence integral to the core activity carried on, not when any criminality is only incidental, collateral to, or remote from the activity. Applying that to the facts of this case, none of the offences alleged by the Defendants are integral to Ahava’s activities." [Press release]

    • Business and Human Rights (BHR) news

      Date Information

      April 2019

      Civil society organisations launch campaign calling for an effective law to require companies and investors to take action to prevent human rights abuses, worker exploitation and environmental harm in their global operations, activities, products, services, investments and supply chains.

      December 2018

      HSBC announces it is divesting its holdings in Elbit Systems, according to its spokesperson, based on its "stated defense policy with respect to cluster munitions, not in response to any [BDS] campaign".

      March 2016

      G4S announces its intention to sell its Israeli subsidiary 'G4S Israel'. This came after BDS pessure, and after a complaint was submitted in the UK about G4S contracts with Israeli prisons. After UK unresponsiveness, the OECD National Contact Point (NCP) issued a comment on G4S’s inability to act on those guidelines and on their refusal to retract from those contracts with Israeli prisons. 

      April 2014

      The Co-operative Group announces that it will no longer engage with any supplier of produce known to be sourcing from Israeli settlements:

      "Since 2009, The Co-operative Group has operated a Human Rights and Trade Policy, which sets out the exceptional circumstances under which we will withdraw trade from a state, area or settlement. While there are many disputed territories throughout the world, there are currently only two examples of such illegal areas: the Israeli settlements in the Palestinian Occupied Territories and the Moroccan settlements in Western Sahara. We can categorically state that this position does not constitute a boycott of Israeli businesses. We remain committed to sourcing produce from and trading with Israeli suppliers that do not source from the settlements."

      Reportedly, this happened after the Co-Op discovered they were being lied to regarding imports from the settlements which prompted them to declare that they will not be dealing with those importers anymore in future.

  • Norway

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Convention on social security 23/05/2006 Social Security No ""Territory" means: in relation to Israel, the territory of the state of Israel."
      Agreement relating to air services 09/11/1977 Aviation No "The term "territory" has the meaning specified in Articles 2 and 96 of the 1944 Chicago Convention."
      Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital 02/11/1966 Taxation No "The term "Israel" means the State of Israel."
      Cultural agreement 26/11/1957 Cultural No  
      Exchange of notes constituting an agreement for the reciprocal exemption from income tax and all other taxes on income derived from the exercise of shipping activities and the operation of aircraft services 01/02/1955 Taxation No  
    • Bills and resolutions

      Name Information Status

      Law on taxation of wealth and income (Tax Act)

      "With immediate effect from, and including, the 2012 tax year, authority has been granted through the Law on Taxation Paragraph 6 – 50 to enable the Ministry of Finance to exclude organisations from the tax deductible gifts scheme with the purpose of ensuring Norwegian compliance with resolutions taken by the UN Security Council." Approved 6 April 1999 (last modified 21 June 2019)

       

      Act on annual accounts (Accounting Act)

       

      "Large companies will explain what the company does to integrate human rights, labor rights and social conditions, the external environment and the fight against corruption in its business strategies, in its day-to-day operations and in relation to its stakeholders. The statement should at least contain information on the policies, principles, procedures and standards the company uses to integrate the aforementioned considerations into its business strategies, in its day-to-day operations and in relation to its stakeholders." [More info]

      Approved 17 July 1998 (last modified 20 December 2018)

      Prop. 1 LS (2011–2012) For the financial year 2012 Taxes, fees and customs 2012

      "In the Ministry's view, it is not desirable that the gift deduction scheme in section 6-50 of the Tax Act benefits organizations that actively support or contribute to certain acts that are or may be contrary to international law. The Ministry of Finance has therefore, in consultation with the Ministry of Foreign Affairs, considered whether it is possible to introduce a mechanism that can exclude such organizations from the gift deduction scheme in section 6-50 of the Tax Act. (…)

      "The Ministry points out that Norway has international law obligations in the form of clear requests or preconditions expressed by the UN Security Council, as part of the main responsibility for maintaining international peace and security under the UN Charter. These can, in the Ministry's opinion, form the basis for an objective assessment of verifiable conditions that may lead to the exclusion of organizations. The criteria for such exclusion can be linked to specific requirements laid down in resolutions issued by the UN Security Council. (…)

      "Income deduction can be seen as a form of indirect government subsidization of a type of activity. This may indicate that an exclusion mechanism should be linked to the international law obligations Norway must have to refrain from supporting this type of activity. In some cases, there are clear requests or assumptions expressed by the UN Security Council, as part of the primary responsibility for maintaining international peace and security under the UN Charter. The Ministry believes that such requests, etc. from the UN Security Council can be used as a basis for an objective assessment of verifiable conditions that can lead to exclusion. The exclusion criteria can be linked to specific requirements set by resolutions issued by the UN Security Council. (…)

      "The purpose of the exclusion mechanism is that Norway will avoid indirectly contributing financial support to activities / purposes that are in conflict with the UN Security Council decision. Various NGOs may also receive direct public support, for example through grants administered and distributed by various ministries. In cooperation with other relevant ministries, the Ministry of Finance will look into whether there may be a need for similar exclusion mechanisms in connection with other support schemes, etc."

      Submitted 30 September 2011
    • Official announcements

      Date Link Statement

      September 2012

       

      Statement by Norwegian People’s Aid: "the Norwegian Ministry of Finance announced today announced their decision to exclude the Norwegian organisation “Karmel-instituttet” from the list of organisations that the Norwegian public may get tax deductions for providing funds to. The reason behind the decision is that the organisation provides financial support to Israeli settlements in the occupied Palestinian territories." [via Electronic Intifada]

      January 2012

       

      In a letter to Norwegian People's Aid (NPAID), the Norwegian Ministry of Finance confirmed that "with immediate effect from, and including, the 2012 tax year, authority has been granted through the Law on Taxation Paragraph 6 – 50 to enable the Ministry of Finance to exclude organisations from the tax deductible gifts scheme with the purpose of ensuring Norwegian compliance with resolutions taken by the UN Security Counci (...). It is not desirable that the tax deductible gifts scheme of the Law on Taxation Paragraph 6 – 50 benefits organisations which actively support or contribute to certain actions which are in breach of international law”. [see NPAID's report Dangerous Liaisons]

    • BHR news

      Date Information

      April 2019

      Essex Business and Human Rights Project publishes report on Investor Obligations in Occupied Territories concluding that investments made by the Norwegian Government Pension Fund Global (Statens Pensjonsfond Utland) are directly linked to a wide variety of adverse human rights impacts in the Occupied Palestinian Territory.

      January 2017

      Danwatch publishes report finding that Europe’s five largest pension funds -- including the Norwegian Government Pension Fund Global (Statens Pensjonsfond Utland) -- have €7.5 billion invested in companies with business activities in and around Israeli settlements on occupied Palestinian land.

      June 2016

      NPAID publishes Dangerous Liaisons II: Norwegian ties to the Israeli Occupation finding that the Norwegian government and private Norwegian parties have ties to activities that contribute to the violations of international law and human rights under the Israeli occupation.

      June 2015

      KLP Kapitalforvaltning insurance excludes Heidelberg Cement and Cemex from its investment portfolio because of their operations in the West Bank:

      ""KLP is excluding Heidelberg Cement and Cemex on the grounds of their exploitation of natural resources in occupied territory on the West Bank,” the company announced Thursday. “In KLP’s opinion this activity constitutes an unacceptable risk of violating fundamental ethical norms." (...) From the perspective of international law, an assessment of this case has proved more difficult than similar assessments with respect to Western Sahara,” said Jeanett Bergan, head of responsible investment at KLP, about its divestment from Heidelberg and Cemex. “Nevertheless, the international legal principle that occupation should be temporary has carried the most weight. New exploitation of natural resources in occupied territory offers a strong incentive to prolong a conflict."" (Link)

      June 2012

      Finance Ministry excludes Shikun & Binui from the Government Pension Fund Global (GPFG):

      "The decision to exclude the company follows an exclusion reccommendation from the Council on Ethics to the GPFG. The company is a construction company involved in the building of settlements in breach of international humanitarian law in East-Jerusalem. The Council emphasises that the construction of such settlements on occupied territory represents a violation of the Fourth Geneva Convention, the convention for the protection of civilian persons in time of war. The Convention shall protect civilians in situations of war or occupation. The exclusion is based on an evaluation of the future risk that the company will contribute to serious violations of the rights of individuals in war or conflict. The Ministry of Finance has earlier excuded the companies Africa Israel Investments and Danya Cebus on the basis of similar activities on occupied territory. The divestment from the company has been concluded." (Link)

      August 2010

      Finance Ministry excludes Africa Israel Investments and Danya Cebus from the Government Pension Fund Global (GPFG):

      ""The decision to exclude these companies from the GPFG is based on the Council on Ethics assessment that they are contributing to or are themselves responsible for grossly unethical activity,” says Minister of Finance Sigbjørn Johnsen. Africa Israel Investments Ltd. is the parent company of several subsidiaries with interests in property development, infrastructure and energy. The company holds a majority stake in Danya Cebus, a construction company involved in developing settlements in occupied Palestinian territory. The Council on Ethics emphasises that the construction of settlements in occupied areas is a violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (the fourth Geneva Convention) and that the GPFG runs an unacceptable risk of contributing to  serious violations of individual rights in situations of  war and conflict by investing in these two companies.

      “The Council on Ethics bases its recommendation on the fact that the international community is united in the view that the area east of the 1967 line is occupied territory and as such comes under the purview of the fourth Geneva Convention. Several United Nations Security Council resolutions and an International Court of Justice advisory opinion have concluded that the construction of Israeli settlements in occupied Palestinian territory is prohibited under this Convention. I have therefore accepted the recommendation of the Council on Ethics and am excluding Africa Israel Investments and Danya Cebus from the fund’s investment portfolio,” says Minister of Finance Sigbjørn Johnsen.

      The GPFG owned shares worth NOK 7.2 million in Africa Israel Investments at year end 2009. Africa Israel Investments is the majority shareholder in Danya Cebus." (Link)

      September 2009

      Finance Ministry excludes Elbit Systems from the Government Pension Fund Global (GPFG):

      ""We do not wish to fund companies that so directly contribute to violations of international humanitarian law,” Finance Minister Kristin Halvorsen said in a statement. (...) "The freedom of movement of the people living in the Occupied Territory has been unacceptably restricted" (...) Halvorsen said the government’s ethics council generally bases its evaluation on a company’s conduct, not on possible violations committed by states or other entities, but Elbit’s activities could be linked to “violations of human rights”. "The council has assessed the extent to which companies can be regarded as contributing to human rights violations committed by states in previous cases too, such as companies’ activities in Burma,” her statement said." (Link)

  • European Union

    • Bilateral agreements

      Name Date Signed Type Complies with UNSCR 2334? Territorial Definition
      Agreement on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Israeli competent authorities for fighting serious crime and terrorism

      In negotiation

      Law Enforcement Yes

      [The December 2017 negotiating guidelines proposed by the European Commission state that:

      "In accordance with EU policy, this agreement shall not apply to the geographic areas that came under the administration of the State of Israel after 5 June 1967. This position should not be construed as prejudicing Israel's principled position on this matter. Accordingly, the Parties agree that the application of this agreement is without prejudice to the status of those areas."

      However, it remains to be seen how these guidelines are negotiated by the EU in practice.]

      ENPI Cross-Border Co-operation (CBC) 'Mediterranean Sea Basin Programme' financing agreement 02/01/2018 Development Yes

      "In accordance with EU policy, this agreement shall not apply to the geographic areas that came under the administration of the State of Israel after 5 June 1967. This position should not be construed as prejudicing Israel's principled position on this matter. Accordingly, the Parties agree that the application of this agreement is without prejudice to the status of those areas."

      ***

      [In addition, the Guidelines for Grant Applicants states that:

      "The eligibility criteria formulated in the Commission Notice Nr. 2013/C- 205/05 (OJEU C-205 of 19.07.2013) establishing Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards, shall apply for all actions under this ENI CBC MED Programme, including with respect to third parties receiving financial support in the cases where the respective action involves financial support to third parties by grant beneficiaries in accordance with article 137 of the EU's Financial Regulation."]  

      Agreement on the participation of the State of Israel in the culture sub-programme and cross-sectoral strand of “Creative Europe”, and on cooperation in the MEDIA sub-programme of “Creative Europe”

      Aborted by Israel in 2017

      R&D; Cultural Yes "In accordance with EU policy, this agreement shall not apply to the geographic areas that came under the administration of the State of Israel after 5 June 1967. This position should not be construed as prejudicing Israel's principled position on this matter. Accordingly, the Parties agree that the application of this agreement is without prejudice to the status of those areas."
      Agreement associating Israel to the Horizon 2020 – Framework Programme for Research and Innovation (2014-2020) 08/06/2014 R&D; Scientific  Yes "In accordance with EU policy, this agreement shall not apply to the geographic areas that came under the administration of the State of Israel after 5 June 1967. This position should not be construed as prejudicing Israel's principled position on this matter. Accordingly, the Parties agree that the application of this agreement is without prejudice to the status of those areas."
      Protocol amending the 2013 Euro-Mediterranean aviation agreement 10/06/2013 Aviation No  

      Euro-Mediterranean aviation agreement

      10/06/2013 Aviation No

      ""Territory" means, for Israel, the territory of the State of Israel. (...) The application of this Agreement is understood to be without prejudice to the status of the territories that came under Israeli administration after June 1967."

      Agreement in the form of an exchange of letters concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association

      18/06/2012 Association; Trade; Agricultural Partially 

      [The territorial scope has been clarified, inter alia, Regulation (EC) No 854/2004 on animal products; Regulation (EU) 2016/1842 on organic products, and Regulation (EU) No 594/201 on fruit and vegetables.

      However, enforcement of the territorial clause remains deficient in some instances given that Israeli authorities continue to enter “Israel” on the proofs of origin of all products, including settlement products, as well as on the Certificates of Conformity with Marketing Standards.]

      Protocol to the Euro-Mediterranean Agreement establishing an association on conformity assessment and acceptance of industrial products (ACAA) 06/05/2010 Association; Trade; Industrial Yes

      [In July 2012 the European Commission clarified:

      "First, the ACAA is a Protocol to the EU-Israel association agreement. Therefore, while not defining it, its scope of application is the same as set out in Article 83 of the association agreement. As it results from international obligations of the EU and as confirmed by the European Court of Justice in 2010 in the Brita case, the EU does not recognise Israeli jurisdiction over the territories placed under Israeli administration after 1967. The Commission will observe this position in the implementation of the ACAA."]

      Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an Association 04/11/2009 Association; Trade; Agricultural Partially 

      [The territorial scope has been clarified, inter alia, Regulation (EC) No 854/2004 on animal products; Regulation (EU) 2016/1842 on organic products, and Regulation (EU) No 594/201 on fruit and vegetables.

      However, enforcement of the territorial clause remains deficient in some instances given that Israeli authorities continue to enter “Israel” on the proofs of origin of all products, including settlement products, as well as on the Certificates of Conformity with Marketing Standards.]

      Protocol to the Euro-Mediterranean Agreement on the general principles governing the State of Israel’s participation in Community programmes 15/04/2008 Association; R&D Yes

      "This Protocol shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territory of Israel."

      ***

      [The territorial scope has been clarified, inter alia, through the 2013 Commission Notice Nr. 2013/C- 205/05 (OJEU C-205 of 19.07.2013) establishing Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967.]

      Agreement on scientific and technical cooperation  16/07/2007 R&D No

      "This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the State of Israel."

      ***

      [This agreement has been superseded by the 2014 'Horizon 2020' agreement.]

      Technical arrangement adopted by the EU-Israel Customs Co-operation Committee 12/12/2004 Customs Partially 

      "Requirement that all proofs of preferential origin covering imports from Israel under the provisions of the EU-Israel Association Agreement must indicate the imported goods’ place of production and an accompanying postcode. This is to ensure the full rate of Customs duty is payable on any consignment which is indicated as originating in an Israeli settlement so that it does not benefit from the reduced tariff by claiming Israeli preferential origin."

      ***

      [The territorial scope was confirmed in February 2010 by the CJEU's 'Brita' judgement and subsequent EC regulations. 

      However, implementation of the Technical Arrangement remains deficient and unreliable given that Israeli authorities continue to enter “Israel” on the proofs of origin of all settlement products, making it hard and burdensome for EU member state customs to detect the settlement products based on postcodes.]

      Agreement in the form of an exchange of letters concerning reciprocal liberalisation measures and the replacement of Protocols Nos 1 and 2 to the EC-Israel Association Agreement 23/12/2003 Trade Partially 

      ***

      [The territorial scope was confirmed in February 2010 by the CJEU's 'Brita' judgement and subsequent EC regulations. 

      However, enforcement of the territorial clause remains deficient in some instances given that Israeli authorities continue to enter “Israel” on the proofs of origin of all products, including settlement products, as well as on the Certificates of Conformity with Marketing Standards.]

      Agreement on good laboratory practice 26/07/1999 Scientific No  
      Agreement on government procurement 10/07/1997 Procurement No "Shall apply to the same territories respectively of the EC and of Israel as the [1996 Government Procurement Agreement] GPA applies."
      Agreement on procurement by telecommunications operators and on government procurement 10/07/1997 Telecommunications No  

      Euro-Mediterranean agreement establishing an Association

      20/11/1995 Association; Trade Partially

      [The territorial scope was confirmed in February 2010 by the CJEU's 'Brita' judgement and subsequent EC regulations.

      However, enforcement of the territorial clause remains deficient in some instances given that Israeli authorities continue to enter “Israel” on the proofs of origin of all products, including settlement products, as well as on the Certificates of Conformity with Marketing Standards.]

    • Regulations and decisions

      Name Information Status

      Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae

      "Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank." Effective from 12/04/2018

      Decision (EU) 2017/1324 of the European Parliament and of the Council on the participation of the Union in the partnership for research and innovation in the mediterranean area (PRIMA) jointly undertaken by several member states

      [The territorial scope was defined through the 2014 'Horizon 2020' agreement and by the EU's July 2013 'Funding Guidelines'.]

      Effective from 04/07/2017

      Commission Implementing Regulation (EU) 2016/1842 amending Regulation (EC) No 1235/2008 as regards the electronic certificate of inspection for imported organic products and certain other elements, and Regulation (EC) No 889/2008 as regards the requirements for preserved or processed organic products and the transmission of information

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

      On the basis of Regulation (EC) No 834/2007 products imported from a third country may be placed on the Union market as organic if they, in particular, are covered by a certificate of inspection issued by the competent authorities, control authorities or control bodies of a recognised third country or by a recognised control authority or control body."

      ***

      [This means settlement products certified as organic by Israeli state inspection are not allowed to be sold in the EU as organic. The producers have to pay private EU-recognised certification companies to go to the farms and certify the produce for the purpose of exporting it to the EU as organic.]

      Effective from 14/10/2016

      Commission Implementing Decision (EU) 2015/2258 amending Regulation (EC) No 798/2008 as regards imports and transit of single consignments of less than 20 units of poultry other than ratites, hatching eggs and day-old chicks thereof

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 08/12/2015

      Commission Implementing Decision (EU) 2015/1057 amending Implementing Decision 2012/715/EU establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 01/07/2015

      Commission Implementing Regulation (EU) 2015/1009
      amending Annex I to Decisions 92/260/EEC and 93/195/EEC as regards the entries for Israel, Libya and Syria, Annex II to Decision 93/196/EEC as regards the entry for Israel, Annex I to Decision 93/197/EEC as regards the entries for Israel and Syria and Annex I to Decision 2004/211/EC as regards the entries for Brazil, Israel, Libya and Syria

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 24/06/2015 to 30/09/2018

      Implicitly repealed by (EU) 2018/659

      Commission Implementing Regulation (EU) 2015/604 amending Annexes I and II to Regulation (EU) No 206/2010 as regards animal health requirements for bovine tuberculosis in the models of veterinary certificates BOV-X and BOV-Y and the entries for Israel, New Zealand and Paraguay in the lists of third countries, territories or parts thereof from which the introduction into the Union of live animals and fresh meat is authorised

      "Israel is referred to in the list set out in Part 1 of Annex II to Regulation (EU) No 206/2010. For the sake of market transparency and in accordance with international law, it should be clarified that in the case of Israel the territorial coverage of the veterinary certificates is limited to the territory of the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 16/04/2015

      Commission Implementing Decision (EU) 2015/216 amending Decision 2000/572/EC as regards the reference to the Harmonised System (HS) in the model certificate for meat preparations and amending Decision 2007/777/EC as regards the entry for Israel in the list of third countries or parts thereof from which the introduction of meat products and treated stomachs, bladders and intestines into the Union is authorised (notified under document C(2015) 438)

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

      For the sake of market transparency and in accordance with public international law, it should be clarified that the territorial coverage of the certificates is limited to the territory of the State of Israel excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank, which should be indicated in Part 2 of Annex II."

      Effective from 10/02/2015

      Commission Implementing Regulation (EU) No 166/2014 amending Regulation (EC) No 798/2008 as regards certification requirements for imports into the Union of meat of farmed ratites for human consumption and the entries for Israel and South Africa in the list of third countries or territories

      "For the sake of market transparency and in accordance with public international law, it should be clarified that the territorial coverage of the certificates is limited to the territory of the State of Israel excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 14/03/2014

      Regulation (EU) No 232/2014 of the European Parliament and of the Council establishing a European Neighbourhood Instrument

       

      [The territorial scope would likely be restricted by the EU's July 2013 'Funding Guidelines'.]

      Effective from 11/03/2014

      Regulation (EU) No 1291/2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC

      [The territorial scope was clarified by the July 2013 Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 ((EU) 2013/C 205/05)]

      Effective from 11/12/2013

      Commission Implementing Regulation (EU) No 594/2013 amending Implementing Regulation (EU) No 543/2011 as regards marketing standards in the fruit and vegetables sector and correcting that Implementing Regulation

      "Israel is a third country of which the conformity checks have been approved under Article 15 of Implementing Regulation (EU) No 543/2011. Israel may therefore issue conformity certificates. For the sake of market transparency and in accordance with public international law, it should be clarified that the territorial coverage of the certificates is limited to the territory of the State of Israel excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      ***

      [This means settlement products certified as organic by Israeli state inspection are not allowed to be sold in the EU as organic. The producers have to pay private EU-recognised certification companies to go to the farms and certify the produce for the purpose of exporting it to the EU as organic.]

      Effective from 01/10/2013

      Decision No 1080/2011/EU of the European Parliament and of the Council granting an EU guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Union and repealing Decision No 633/2009/EC

      "For the purposes of paragraph 1, the West Bank and Gaza Strip is represented by the Palestinian Authority." Effective from 25/10/2011

       

      Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors

       

      "Member States shall set up a database on traders in fruit and vegetables, which shall list, under the conditions established in this Article, traders involved in the marketing of fruit and vegetables for which standards have been laid down pursuant to Article 113 of Regulation (EC) No 1234/2007."

      ***

      [This means settlement products certified as organic by Israeli state inspection are not allowed to be sold in the EU as organic. The producers have to pay private EU-recognised certification companies to go to the farms and certify the produce for the purpose of exporting it to the EU as organic.]

      Effective from 07/06/2011

      Commission Decision 2011/61/EU pursuant to directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data by the State of Israel with regard to automated processing of personal data

      "This Decision shall be applied in accordance with international law. It is without prejudice to the status of the Golan Heights, the Gaza Strip and the West Bank, including East Jerusalem, under the terms of international law."

      ***

      [Given the vague territorial definition, and Israel's practice of applying its legislation also to the settlements, there are real questions about whether and how the territorial scope of this agreement is implemented in practice.]

      Effective from 31/01/2011

      Commission Regulation (EU) No 605/2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption

      [Exports from Israel can only take place from EU listed establishments which in practice excludes Israeli settlements. See for example: Final report of an audit carried out in Israel from 24 november to 05 december 2013 in order to evaluate the operation of controls over raw milk and dairy products intended for human consumption and infant formulae and follow-on formulae (including the supply chain)]

      Effective from 01/08/2010

      Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 12/03/2010

      Decision No 633/2009/EC of the European Parliament and of the Council granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community

      [A vague territorial definition was added subsequently in October 2011 in (EU) 2011/61]

      Effective from 13/07/2009 to 31/01/2011

      Repealed by (EU) 2011/61

      Commission Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries

      [The territorial scope was clarified through (EU) 2016/1842]

      Effective from 08/12/2008

      Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 08/08/2008

      Amended by (EU) 2015/2258(EU) No 166/2014

      Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC

      [The territorial scope was clarified through (EU) 2015/216]

      Effective from 29/11/2007

      Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products

      [The territorial scope was clarified through (EU) No 543/2011]

      Effective from 22/10/2007 to 31/12/2013

      Repealed by (EU) 1308/2013 

      Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

      "Article 12 on the list of establishments from which imports of specified products of animal origin are permitted, specified that "products of animal origin may be imported into the Community only if they have been dispatched from, and obtained or prepared in, establishments that appear on lists drawn up and updated in accordance with this Article (...)"

      Effective from 29/04/2004

      Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC

      [The territorial scope was clarified through (EU) 2015/1009]

      Effective from 06/01/2004 to 30/09/2018

      Repealed by (EU) 2018/659

      Council Regulation (EC) No 1300/97 amending Regulation (EEC) No 4088/87 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco, the West Bank and the Gaza Strip

      [The territorial scope was clarified through (EU) No 543/2011]

      Effective from 30/06/1997 to 31/12/2007

      Implicitly repealed by (EU) 1234/2007

      Commission Decision 93/197/EEC on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production

      [The territorial scope was clarified through (EU) 2015/1009]

      Effective from 05/02/1993 to 30/09/2018

      Repealed by (EU) 2018/659

      Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter

      [The territorial scope was clarified through (EU 2018/659]

      Effective from 05/02/1993 to 30/09/2018

      Repealed by (EU) 2018/659

      Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export

      [The territorial scope was clarified through (EU) 2018/659]

      Effective from 02/02/1993

      Repealed by (EU) 2018/659

      Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses

      "Hereafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank."

      Effective from 10/04/1992

      Council Regulation (EEC) No 4088/87 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip

      [The territorial scope was clarified through (EU) No 543/2011]

      Effective from 21/12/1987 to 31/12/2007

      Implicitly repealed by (EU) 1234/2007

    • Business guidance

      Date Link Information

       

      EU-Israel Technical Arrangement

      "Products produced in the Israeli settlements located within the territories brought under Israeli administration since June 1967 are not entitled to benefit from preferential tariff treatment under the EU-Israel Association Agreement (see Commission Notice to importers, OJ C 232 of 3 August 2012, page 5).

      "Since 1 February 2005, the exclusion of settlement goods from preferential treatment has been implemented in the EU as follows:

      "- in accordance with a 'Technical Arrangement' concluded by the EU and Israel, the postal code and the name of the city, village or industrial zone where production conferring originating status has taken place appear on all proofs of preferential origin issued or made out in Israel;

      "- Member States' customs authorities check whether the postal codes appearing on Israeli proofs of origin presented to them correspond to any of the postal codes appearing in the list of non-eligible locations made available to them by the Commission and refuse preference where such is the case.

      "The list of non-eligible locations initially made public in August 2012 has been updated further to Israel's move, as of 1 February 2013, to a 7 digit postal code system instead of the 5 digit system used until then. A new update was made available, as of 1 June 2015, to take account of a number of changes in the postal codes of the non-eligible locations. Recent new changes of postal codes by Israel require a new update in 2018 of the previous list.

      "See the updated list of non-eligible locations for available translations in the English/international version (update 28 of September 2018). The previous list (update of 1June 2015) remains available.

      "To be noted:

      "1) The list is available in a format allowing to carry out searches, using the 'find' command of Adobe Reader; this means that carefully entering in the 'find' box the first five digits of the postal code appearing on a proof of origin will allow to determine whether preference may be claimed or not.

      "2) This list only exists in English (or more precisely with a transliteration of the Hebrew alphabet into the Latin/English alphabet).

      "3) P.O. boxes are not a sufficiently reliable indication of the place where production conferring origin takes place and cannot be used to determine whether products may be eligible for preferential tariff treatment.

      "Operators are advised to consult the list before lodging a customs declaration for releasing goods for free circulation in support of which they intend to provide proof of preferential origin issued or made out in Israel. If they find the postal code appearing on the proof of origin in their possession in Part I of the list of non-eligible locations, they should refrain from claiming preference.

      "If they find the postal code appearing on the proof of origin in their possession in Part II of the list, they are advised to consult the customs office where they intend to lodge the relevant declaration for release for free circulation in order to verify the exact position, and thus eligibility for preference, of the place of production conferring originating status."

      28/09/2018

      Updated list of Israeli settlement postcodes

      "The list below is drawn up for the purpose of determining whether products may be eligible for preferential tariff treatment under the EU-Israel Association Agreement (1). It applies as of 28/09/2018 and replaces the previous list which remains available on the webpage for consultation purposes.

      "PO boxes are not a sufficiently reliable indication of the place where production conferring origin takes place.

      "Preferential tariff treatment will be refused to products for which the proof of origin indicates that the production conferring originating status has taken place in a locality within the territories brought under Israeli administration since June 1967, the postal code of which appears in Part I of the list.

      "For postal codes of localities appearing in Part II of the list, importers are invited to consult the customs office where they intend to lodge the relevant declaration for release for free circulation in order to verify the exact position, and thus eligibility for preference, of the place of production conferring originating status."

      11/11/2015

      Interpretative Notice on indication of origin of goods from the territories occupied by Israel since June 1967 (2015/C 375/05) ('Labelling Guidelines'), issued by the European Commission

       

      "The European Union, in line with international law, does not recognise Israel’s sovereignty over the territories occupied by Israel since June 1967, namely the Golan Heights, the Gaza Strip and the West Bank, including East Jerusalem, and does not consider them to be part of Israel’s territory, irrespective of their legal status under domestic Israeli law. The Union has made it clear that it will not recognise any changes to pre-1967 borders, other than those agreed by the parties to the Middle East Peace Process (MEPP).

      "The application of existing Union legislation on indication of origin of products to products originating in Israeli-occupied territories has been the subject of notices or guidance adopted by the relevant authorities of several Member States. There is indeed a demand for clarity from consumers, economic operators and national authorities about existing Union legislation on origin information of products from Israeli-occupied territories. The aim is also to ensure the respect of Union positions and commitments in conformity with international law on the non-recognition by the Union of Israel’s sovereignty over the territories occupied by Israel since June 1967. This notice also aims at maintaining open and smooth trade, is not hindering trade flows and should not be construed to do so.

      "This Notice does not create any new legislative rules. While this Notice reflects the Commission's understanding of the relevant Union legislation, enforcement of the relevant rules remains the primary responsibility of Member States. According to the case-law, while the choice of penalties remains within their discretion, Member States must ensure that penalties for infringements of provisions of Union law are effective, proportionate and dissuasive. The Commission ensures, as guardian of the Treaties, compliance with these obligations of Member States if need be by way of infringement proceedings. This Notice is without prejudice to other requirements established by Union legislation, and to the interpretation which the Court of Justice may provide." [See also Fact Sheet]

      01/06/2015

      Updated list of Israeli settlement postcodes

      "The list below is drawn up for the purpose of determining whether products may be eligible for preferential tariff treatment under the EU-Israel Association Agreement (1). It applies as of 1/6/2015 and replaces the previous list which remains available on the webpage for consultation purposes.

      "Preferential tariff treatment will be refused to products for which the proof of origin indicates that the production conferring originating status has taken place in a locality within the territories brought under Israeli administration since June 1967, the postal code of which appears in Part I of the list.

      "For postal codes of localities appearing in Part II of the list, importers are invited to consult the customs office where they intend to lodge the relevant declaration for release for free circulation in order to verify the exact position, and thus eligibility for preference, of the place of production conferring originating status.

      "PO boxes are not a sufficiently reliable indication of the place where production conferring origin takes place."

      03/08/2012

      Notice to importers: Imports from Israel into the EU 2012/C 232/03

      "It is recalled that according to the arrangement between the EU and Israel for the implementation of Protocol 4 to the EU-Israel Association Agreement, all movement certificates EUR.1 and invoice declarations issued or made out in Israel bear, as from 1 February 2005, the postal code and the name of the city, village or industrial zone where production conferring originating status has taken place. The same applies to all movement certificates EUR-MED and invoice declarations EUR-MED that may be issued or made out in Israel for export to the EU on the basis of Protocol 4 to the EU-Israel Association Agreement as amended by Decision No 2/2005 of the EU-Israel Association Council.

      "Operators intending to present documentary evidence of origin with a view to securing preferential treatment for products originating in Israel are informed that the preferential treatment will be refused to the goods for which the proof of origin indicates that the production conferring originating status has taken place in a location within the territories brought under Israeli administration since June 1967."

      20/02/2005

      Notice to importers: Imports from Israel into the EU (2005/C 20/02)

      "According to the Community, products coming from places brought under Israeli Administration since 1967 are not entitled to benefit from preferential tariff treatment under the EU-Israel Association Agreement.

      "Operators are informed that the EU and Israel have arrived to an arrangement for the implementation of Protocol 4 to the Agreement. As a result, all movement certificates EUR.1 and invoice declarations made out in Israel will bear, as from 1 February 2005 the name of the city, village or industrial zone where production conferring originating status has taken place."

      23/11/2001

      Commission issues notice to traders importing goods from Israeli settlements

       

      "The European Commission has issued in the Official Journal of the European Communities a formal notice addressed to traders importing goods originating in Israeli settlements in the West Bank, Gaza Strip, East Jerusalem and the Golan Heights that have been placed under Israeli administration since 1967. The notice indicates that the EU does not recognise these goods as being entitled to benefit from lower rates of customs duties under the EU/Israel Association Agreements.

      "The notice informs importers within the EU that the Israeli authorities have confirmed to the EU that they issue proofs of Israeli origin for products coming from places brought under Israeli Administration since 1967.Yet according to the European Community, these products are not entitled to benefit from preferential treatment under the EU/Israel Association Agreements. Products originating from Israeli settlements in the West Bank, Gaza Strip, East Jerusalem and the Golan Heights may become subject to the full rate of customs duties rather than duties at the preferential tariff treatment accorded by the EU/Israel Association Agreements.

      "The Commission is under a legal obligation to publish such notices to inform importers whenever there are doubts that the terms of a preferential trade agreement are being implemented correctly. Such notices allow traders to be forewarned that they may subsequently be required to pay additional customs duties (i.e. the difference between the preferential rate of customs duty due under the terms of the Association Agreements and the full rate).

      "In parallel, and in order to protect the financial interests of the Community (as customs duties form part of the 'own resources' of the Community), the Commission has notified the same information to the customs administrations of the fifteen Member States. The Commission invites Member States' customs administrations to ask the importers to provide guarantees for the amount of additional customs duties that may become due subsequently. Member States are required to send back to Israel the certificates of origin for products whenever the products in question originate in Israeli settlements (or if they have reason to believe they may come from the settlements).

      "The new notice replaces a notice issued on 8 November 1997 (O.J. C 338/97) that indicated that there were grounds for doubts about the validity of certificates for imports of orange juice from Israel.The new notice informs economic operators that the certificates for orange juice, found to be invalid, have since been withdrawn by Israel and that the necessary measures have been taken to allow administrative co-operation as foreseen in the agreements."

      23/11/2001

      Notice to importers: Imports from Israel into the Community (2001/C 328/04)

       

      "In an earlier Notice to importers published on 8 November 1997 in Official Journal of the European Communities C 338 (page 13), operators were informed that there were grounds for doubts about the validity of EUR.1 movement certificates submitted to the Community for importations of orange juice coming from Israel, that there was a lack of effective administrative cooperation as foreseen in the different preferential agreements signed between the Community and Israel and of the existence of certain substantial errors in the application of the Agreements, to the extent that the validity of all preferential certificates issued by Israel were put in doubt.

      "Operators are informed that the EUR.1 movement certificates for orange juice, found to be invalid, have been withdrawn by Israel and that the necessary measures have been taken to allow administrative cooperation as foreseen in the Agreements.

      "As to the substantial errors in the application of the Agreements, operators are informed that arising from the results of the verification procedures carried out, it is now confirmed that Israel issues proofs of origin for products coming from places brought under Israeli administration since 1967, which, according to the Community, are not entitled to benefit from preferential treatment under the Agreements.

      "Community operators presenting documentary evidence of origin with a view to securing preferential treatment for products originating from Israeli settlements in the West Bank, Gaza Strip, East Jerusalem and the Golan Heights, are informed that they must take all the necessary precautions and that putting the goods in free circulation may give rise to a customs debt."

      08/11/1997

      Notice to importers: Importations from Israel into the Community (97/C 338/10)

      "Arising from facts revealed during joint inquiries carried out in Israel by the competent local authorities and an EU delegation made up of representatives of the Commission and some of the Member States it would seem that there are grounds for doubts about the validity of EUR.l movement certificates submitted to the Community in recent years for importations of orange juice coming from Israel.

      "This specific situation is aggravated by the fact that since the inquiry got under way, various elements have come to light which confirm a lack of effective administrative cooperation, as foreseen in the different preferential agreements signed between the Community and Israel, and in particular certain substantial errors in the application of those same agreements, to the extent that the validity of all preferential certificates issued by Israel, for all products, are put in doubt.

      "Community operators submitting such certificates in order to receive preferential treatment are informed that they must take the necessary precautions from now on, bearing in mind that, should they prove invalid, such certificates have already engendered or could give rise to a customs debt."

    • Official announcements

      Date Link Statement
      13/06/2019

      Opinion of the Advocate General Hogan, Case C‑363/18, Organisation juive européenne, Vignoble Psagot Ltd v the French Minister for Economy and Finances

      "In my view, the reference to ‘ethical considerations’ in the context of country of origin labelling is plainly a reference to those wider ethical considerations which may inform the thinking of certain consumers prior to purchase. Just as many European consumers objected to the purchase of South African goods in the pre-1994 apartheid era, present day consumers may object on similar grounds to the purchase of goods from a particular country because, for example, it is not a democracy or because it pursues particular political or social policies which that consumer happens to find objectionable or even repugnant. (...)

      "Indeed, adherence to the requirements of international law is regarded by many — and not just by a limited cadre of experts specialising in the field of international law and diplomacy — as playing a vital role in the maintenance of international peace and security and as a harbinger of justice in an otherwise unjust world. This is perhaps especially true in the context of the citizens of the Union who, even within the lifetime of some, witnessed the destructive impact of brute force in an era where some countries had come to believe that international law was simply an empty promise to the oppressed and vulnerable of the world and that it could be disregarded with impunity. (...)

      "Accordingly, I propose that the Court should answer to the first question referred by the Conseil d’État (Council of State, France) as follows:

      "Article 9(1)(i) and Article 26(2) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004, require, for a product originating in a territory occupied by Israel since 1967, the indication of the geographical name of this territory and the indication that the product comes from an Israeli settlement if that is indeed the case. (...)"

      05/07/2018

      Letter by HR/VP Federica Mogherini to Israel's Public Security Minister Gilad Erdan (via Haaretz)

       

      "The European Union has not changed its position regarding the so-called ‘Boycott, Divestment, Sanctions’ (‘BDS’) movement. While it upholds its policy of clearly distinguishing between the territory of the State of Israel and the territories occupied by it since 1967, the EU rejects any attempts to isolate Israel and does not support calls for boycott."

      11/06/2018 Answer given by Mr Avramopoulos on behalf of the Commission relating to Israel's participation in Europol 

      "Paragraph (6) of the annex to the recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and the State of Israel on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Israeli competent authorities for fighting serious crime and terrorism clearly states that the agreement shall not apply to the geographic areas that came under the administration of the State of Israel after 5 June 1967. This is in line with the EU position on the Middle East Peace Process, as stated in the Council Conclusions of 10 December 2012.

      "The Commission has also proposed to the Council that the agreement should contain the provisions necessary to ensure effective monitoring and evaluation of the agreement, including the implementation of the provisions related to the non-application of the agreement to the geographic areas that came under the administration of the State of Israel after 5 June 1967."

      13/06/2017

      Answer given by Vice-President Mogherini on behalf of the Commission on financial transactions

       

      "While the EU institutions and bodies do not have access to the financial information and financial transactions between EU-based financial institutions and those based in Israel, the EU remains committed to ensure that, in line with international law, all agreements between the State of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967.

      "While this does not constitute in any way a boycott of Israel, which the EU strongly opposes, the EU considers that Israeli settlements in territories occupied by Israel since 1967 are illegal under international law, and thus constitute an obstacle to peace that threatens to make a two-state solution to the Israeli-Palestinian conflict impossible. The EU will not recognise any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties, and will continue to distinguish between the territory of the State of Israel and the territories occupied since 1967.

      "The EU considers that all companies (including European ones with interests in the occupied Palestinian territory) should in all circumstances implement the Guiding Principles on Business and Human Rights as endorsed by consensus in the United Nations Human Rights Council.

      "EU Member States have the primary responsibility for raising awareness among European citizens and businesses of the Guiding Principles, and of the potential risks related to economic and financial activities in these illegal Israeli settlements."

      18/04/2017

      Statement to the United Nations Security Council on behalf of the EU and its Member States, including Candidate Countries Montenegro and Albania

      "The EU will continue to distinguish, in its relevant dealings, between the territory of the State of Israel and the territories occupied since 1967. As for Jerusalem, the EU will continue to respect the international consensus embodied in resolution 478(1980). A way must be found through negotiations to resolve the status of Jerusalem as the future capital of both States."

      23/03/2016

      Final report of an audit carried out in Israel from 22 november 2015 to 25 November 2015 in order to evaluate the follow-up actions taken by the CA on the application of organic production rules and on the effectiveness of the control system for organic production

      "Summary of 2013 Audit

      "DG Health and Food Safety carried out an audit on the control system for organic production in Israel in 2013 (DG(SANCO)/2013-6697). The report of the audit was published on its website (http://ec.europa.eu/food/fvo/audit_reports/details.cfm?rep_id=3109).

      "The audit concluded that the control system provided sufficient guarantees that organic products exported to the EU complied with organic production rules recognised as equivalent, except the origin of products. The audit had found that exports of organic produce from Israel to the EU included consignments produced or processed in the Israeli settlements outside Israel's internationally recognized borders of 1967, and from Non-EU Countries which are not recognised as equivalent by the EU. This was contrary to the specifications set out for Israel in Annex III of Regulation (EC) No 1235/2008. Some further shortcomings were detected that weakened the control system. In response to the audit report recommendations, Israel submitted a satisfactory action plan.

      "Recommendation No 4 of the report was to “ensure compliance with the specifications for which Israel is listed in Annex III of Regulation (EC) No 1235/2008 and in particular that organic products are exported to the EU only originating from Israel, the EU or from a Non-EU Country recognised as equivalent in accordance with the provisions of Article 33(2) of Regulation (EC) No 834/2007.” In a subsequent letter to DG AGRI, Israel gave further assurances for corrective action regarding this recommendation.

      "The CA, CB, and organic operators visited by the auditor stated that the commodities concerned by this recommendation had been mainly dates produced in the Jordan valley (in the West Bank outside Israel’s borders of 1967), and sesame seed imported from Ethiopia for the production of sesame paste (tahini). The export of organic dates to the EU comprised 1,742 tonnes in 2014.

      "The exporter of dates visited in this audit stated that since 2013 his clients in the EU stopped accepting organic dates from outside the 1967 borders. This indicates that separately from the official controls, the trade has taken measures to the same effect.

      "Overall Conclusions of 2015 Audit

      "Israel implemented effective measures to ensure that exports of organic produce to the EU under the equivalence recognition originate only within Israel's internationally recognized borders of 1967, from the EU or from other third countries recognised as equivalent. These measures are in line with Israel's assurances given to the EU on 30 January 2014: the CA [Competent Authority] revised their guidelines for control bodies, who effectively changed their inspection procedures accordingly. The CA confirmed implementation of the revised guidelines in inspections of organic operators, and provided additional assurances by regularly updating and cross-checking their list of operators used for issuing of certificates of inspection."

      18/01/2016

      Council Conclusion (FAC) on the Middle East Peace Process

      "The EU and its Member States are committed to ensure continued, full and effective implementation of existing EU legislation and bilateral arrangements applicable to settlements products. The EU expresses its commitment to ensure that - in line with international law - all agreements between the State of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967. This does not constitute a boycott of Israel which the EU strongly opposes."

      23/12/2015

      Letter by HR/VP Federica Mogherini to Congressman Doug Lamborn and the signatories of the letter of 9 November

      "The EU has decided to make the necessary distinction between Israeli settlments in the occupied territories on the one hand, and Israel within its pre-1967 borders on the other, which has allowed the development of our bilateral relations within the framework of the 1995 Association Agreement."

      10/09/2015


      European Parliament resolution on the EU’s role in the Middle East peace process (2015/2685(RSP))

      "Welcomes the EU’s commitment – in the spirit of differentiation between Israel and its activities in the occupied Palestinian Territory – to ensuring that all agreements between the EU and Israel must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967, as reiterated in the Foreign Affairs Council conclusions of 20 July 2015; takes note of the Commission Guidelines of 19 July 2013 on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards, and of the letter sent to the VP/HR by 16 EU Foreign Ministers on 13 April 2015, encouraging her to take the lead within the Commission with a view to completing the work on EU-wide guidelines on the labelling of Israeli settlement produce"

      20/07/2015

      Council Conclusion (FAC) on the Middle East Peace Process

      "The EU and its Member States reaffirm their commitment to ensure continued, full and effective implementation of existing EU legislation and bilateral arrangements applicable to settlement products. The EU expresses its commitment to ensure that - in line with international law - all agreements between the State of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967."

      13/04/2015

      Letter by 16 EU Foreign Ministers to HR/VP Federica Mogherini calling for guidelines on the labelling of settlement produce/products

      "We would like to draw your attention to the letter dated 13th April 2013 sent to your predecessor on EU wide guidelines on the labelling of settlement produce/products. Following the public commitment made by the Council in May and December 2012 and more recently in November 2014, we remain of the view that this is an important step in the full implementation of EU longstanding policy, in relation to the preservation of the two-state solution. (...)"

      17/11/2014

      Council Conclusion (FAC) on the Middle East Peace Process

      "Recalling that settlements are illegal under international law, the EU and its Member States remain committed to ensure continued, full and effective implementation of existing EU legislation and bilateral arrangements applicable to settlement products. The EU closely monitors the situation and its broader implications and remains ready to take further action in order to protect the viability of the two state solution."

      13/08/2014

      Letter from Israel's Ministry of Agriculture to Israeli producers of dairy and animal products

      Via Maariv news: "In a letter sent this week to all managers of dairy and dairy factories authorized to export milk and dairy products in Israel, the Ministry of Agriculture ordered that milk, dairy products and animal products be separated immediately into two groups: the source of the products supplied to them beyond the Green Line.

      "It turns out that despite month long efforts from the Ministries of Agriculture and Economy, the European Commission of the European Union decided to ban the import of milk and dairy products from Israel that are somehow related to factories, dairies or farms located beyond the Green Line.

      "The European decision was handed over to Israel in February. Since then efforts have been made to dissuade the Europeans from doing so, but they have failed. A letter from the European Union at the end of last month stated that the decision was finally approved and would come into force in September."

      20/05/2014

      Comments by EU Ambassador to Israel Lars Faaborg-Andersen

      "We have implemented our policy when it comes to settlements, which is a policy of disengagement from settlements. We feel, as you know, that settlements are illegal under international law and they are an obstacle to the peace process. And for that reason, we have taken certain decisions, including to ensure that no European tax payers’ money has been in settlements. Settlements are really an obstacle to the economic development of the Palestinian territories."

      10/04/2014

      Final report of an audit carried out in Israel from 24 november to 05 December 2013 in order to evaluate the operation of controls over raw milk and dairy products intended for human consumption and infant formulae and follow-on formulae (including the supply chain), destined for export to the European Union, issued by the European Commission 

      "Raw materials (milk powders) were only sourced from EU listed establishments. However, in most cases, procedures and awareness were not fully adequate. According to the CCA, the export of dairy products takes place only from EU listed establishments. However, three facilities were used for the intermediate cold storage although they were not EU-listed. (...)

      "Although exports only take place from EU listed establishments, storage under controlled temperature conditions takes place in some cases in facilities outside the EU listed establishments, which are not EU listed, contrary to the requirements of Article 12 of Regulation (EC) No 854/2004."

      01/04/2014

      Letter to the Director of the Israeli Ministry of Agriculture and Rural Development Nadav Galon enclosing Final Report, from Michael Scannel, Director of the European Commission's Food and Veterinary Office

      "Subject: FVO audit in Israel carried out from 24 November 2013 to 5 December 2013 in order to evaluate the operation of controls over raw milk and dairy products intended for human consumption and infant formulae and follow on formulae (including the supply chain), destined for export to the European Union

      "Dear Dr Galon,

      "I enclose a copy of the final report (ref. no. DG(SANCO)/2013-6890 - MR Final) of the above-mentioned audit.

      "I would like to take this opportunity to ask you to thank all the personnel who were involved in this audit for the assistance and co-operation shown to the team.

      "I would like to acknowledge receipt of your letter 9 March 2014, in response to the draft audit report in which you indicated the action already taken in relation to the recommendations contained in the report.

      "The attached table contains the recommendations made following the above audit, your responses to these recommendations and an assessment of these responses. I am pleased to note that the actions proposed address all of the recommendations made. However, your response in relation to recommendation No 2 is incomplete as no deadline is given for completion of the proposed actions. [...]

      "end: Report DG(SANCO)/2013-6890 - MR FinalFVO assessment of competent authority Action Plan"

      12/03/2014

      Annex in reply to Michael Scannel, Director of the European Commission's Food and Veterinary Office, from the Israeli Ministry of Agriculture and Rural Development 

      "Action to be taken by the Israeli Competent Authority: A circular demanding that all sources of animal products to dairy products destined to the EU market will originate only from European Union listed sources complying with relevant European Union requirements was issued by the head of Control of-Animal Product Department of the IVSAH on the 18/02/2014."

      01/02/2014

      Letter to the Director of the Israeli Ministry of Agriculture and Rural Development Nadav Galon enclosing Draft Report, from Michael Scannel, Director of the European Commission's Food and Veterinary Office

      "Subject: FVO audit in Israel from 24 November 2013 to 05 December 2013 in order to evaluate the operation of controls over raw milk and dairy products intended for human consumption and infant formulae and follow-on formulae (including the supply chain), destined for export to the European Union

      "Dear Dr Galon,

      "Followmg the completion of the above FVO audit, I enclose a copy of the draft report, reference number: DG(SANCO)/2013-6890 - MR Draft.

      "Any comments that you may wish to make on the factual content, or other elements, of the report should be sent to the Commission within 25 working days of its receipt. [...]

      "The audit team identified certain deficiencies in respect of the standards being applied. Your services were informed of these deficiencies during the audit and in the final meeting. 

      "I would be grateful if you could provide details of any actions taken or planned, mcluding deadlines for their completion, to address the recommendations contained in the report. [...]

      "end.: Report DG(SANCO)/2013-6890- MR Draft; Table for CA response to recommendations"

      09/12/2013

      Letter regarding arrangements for implementing Commission Notice Nr.2013/C-205/05 to Director General of the Ministry of Foreign Affairs of the State of Israel Nissim Ben-Shetrit, from Executive Secretary General of the European Action Service Pierre Vimont 

      "In the cases where EU legislation establishing the respective EU programme requires the signature of an agreement (Memorandum of Understanding) to enable the participation of the State of Israel in this programme, the EU side will propose the following text for inclusion in the agreement (MoU):

      “In accordance with EU policy, this agreement shall not apply to the geographic areas that came under the administration of the State of Israel after 5th June 1967. This position should not be constituted as prejudicing Israel’s principled position on this matter. Accordingly, the Parties agree that the application of this agreement is without prejudice to the status of those areas.""

      19/07/2013

      Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards (2013/C 205/05), issued by the European Commission.

      "These guidelines set out the conditions under which the Commission will implement key requirements for the award of EU support to Israeli entities or to their activities in the territories occupied by Israel since June 1967. Their aim is to ensure the respect of EU positions and commitments in conformity with international law on the non-recognition by the EU of Israel’s sovereignty over the territories occupied by Israel since June 1967. These guidelines are without prejudice to other requirements established by EU legislation."

      "The territories occupied by Israel since June 1967 comprise the Golan Heights, the Gaza Strip and the West Bank, including East Jerusalem. The EU does not recognise Israel’s sovereignty over any of the territories (...)

      "These guidelines apply to EU support in the form of grants, prizes or financial instruments". [See fact sheet]

      10/07/2013

      Final report of an audit carried out in Israel from 24 February to 07 March 2013 in order to evaluate the application of organic production rules, the effectiveness of the control system for organic production and the supervision carried out by the competent authority

      "The import procedures and the control system in place do not ensure that only products originating from Israel, the EU and TCs [Third Countries] recognised by the EU for the purpose of equivalence are exported from Israel to the EU contrary to the specifications set out for Israel in Annex III of Regulation (EC) No 1235/2008."

      [Israeli response: this issue is still under discussion between the Israeli Ministry of Agriculture and Rural Development and
      the EU Commission. Once the issue is solved at this level the Administration will submit the proposed actions.]

      12/04/2013

      Letter by 13 EU Foreign Ministers to HR/VP Catherine Ashton calling for guidelines on the labelling of settlement produce/products

      “We warmly welcome your commitment to work with fellow Commissioners to prepare EU-wide guidelines on the labelling of settlement produce. This is an important step to ensure correct and coherent implementation of EU consumer protection and labelling legislation (…). You asked for enhanced efforts on the part of Member States’ authorities in the full and effective implementation of existing legislation. We will circulate your letter to our ministries and enforcement bodes, underlining the offer of cooperation with our competent authorities made by the EEAS and the Commission.”

      10/12/2012

      Council Conclusion (FAC) on the Middle East Peace Process

      "Recalling its parameters for the resumption of negotiations between the parties, as set out in previous Council Conclusions, including in December 2009, December 2010 and May 2011, the European Union reiterates that it will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. The European Union expresses its commitment to ensure that – in line with international law – all agreements between the State of Israel and the European Union must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967, namely the Golan Heights, the West Bank including East Jerusalem, and the Gaza Strip."

      03/07/2012

      Answer given by Karel De Gucht, Member of the Commission, to parliamentary question

      "Madam President, thank you for the opportunity to clarify outstanding issues regarding the Agreement on conformity assessment and acceptance (ACAA) between Israel and the EU.

      "Let me start by recalling what an ACAA is about. Its objective is to eliminate barriers to trade, through allowing products covered by the agreement to enter the markets of the parties without additional conformity assessment procedures, resulting in mutual recognition of conformity assessment and inspection results, which will reduce costs and time for economic operators.

      "This is typically a response to technical barriers to trade. The Commission considers that the current ACAA text is compliant with the Lisbon Treaty and international law and that no change or renegotiation is necessary. The Commission would like to provide the following assurances to the Parliament:

      "First, the ACAA is a Protocol to the EU-Israel association agreement. Therefore, while not defining it, its scope of application is the same as set out in Article 83 of the association agreement. As it results from international obligations of the EU and as confirmed by the European Court of Justice in 2010 in the Brita case, the EU does not recognise Israeli jurisdiction over the territories placed under Israeli administration after 1967. The Commission will observe this position in the implementation of the ACAA.

      "Secondly, when the agreement enters into force, the Commission will have to acknowledge under Article 9 of the ACAA the responsible Israeli authority which will have to deliver conformity certificates. This acknowledgement will not entail any recognition of Israeli jurisdiction over territories placed under Israeli administration after 1967.

      "You can also rest assured that, upon receipt of the Israeli notification of its responsible authority, the Commission will expressly state that acknowledgement is granted only on the basis that the territory covered by the responsible authority does not include the territories brought under Israeli administration in 1967.

      "Separately, I would like to recall that the ACAAs are not based on the product origin but on mutual trust in the quality of the certification and inspection bodies. ACAAs recognise that certifiers in third countries certify industrial products in the same way as in EU Member States. In practice, the EU will recognise whatever product is certified by Israel, whatever its origin, Israeli or not.

      "For practical reasons, and for reasons of compliance with WTO’s non-discrimination rules, these agreements cannot discriminate or exclude on the basis of origin. This is also in line with the EU acquis.

      "These rules also apply under the ACAA to the Israeli Responsible Authority, which could – under certain conditions – certify not only Israeli products but also those from third countries once the ACAA is in force. In the same vein, Israeli and EU Member State Responsible Authorities could also certify products from the occupied territories.

      "However, as stated before, this does not and cannot imply any recognition of Israel’s jurisdiction over these territories. According to information received from Israeli authorities and NGOs, there is currently no pharmaceutical production in Israeli settlements. Therefore, Israel cannot discriminate against Palestinian products in the certification process because Israel will have to apply the EU acquis.

      "Like any EU Member State, Israel must carry out inspections irrespective of the origin of the product when a request is received. If there were cases of discrimination, the Palestinian manufacturer could lodge a complaint with the Israeli judicial authorities. Of course, the Commission could also use existing means under the association agreement to ensure that Israel implements the ACAA.

      "Turning to the 2005 Technical Arrangement which allows the EU to identify and deny preferential treatment under the association agreement to goods produced in areas beyond Israel’s pre-1967 borders, it must be recalled that preferential treatment in terms of customs tariffs is an entirely different issue to conformity assessment and that the origin of the product fully keeps its relevance when the certified product is to enter the territory of the EU.

      "There have been cases of abuse, which have been detected and tackled appropriately, but they are few and insignificant in volume of trade. The Commission is presently working on a modification of the system, including the publication of a list of settlement codes, which will increase awareness of EU importers and will allow customs authorities to verify these declarations more effectively.

      "Finally, the Foreign Affairs Council, on 14 May, held a substantive discussion on the Middle East peace process and agreed, inter alia, that the EU will assess whether existing legislation, in particular, in the area of labelling, is being fully and effectively implemented."

      14/05/2012

      Council Conclusion (FAC) on the Middle East Peace Process

      "The EU reiterates that it will not recognise any changes to the pre-1967 borders including with regard to Jerusalen, other than those agreed by the parties. The EU and its Member States reaffirm their commitment to fully and effectively implement existing EU legislation and the bilateral arrangements applicable to settlement products. The Council underlines the importance of the work being carried out together with the Commission in this regard."

      16/02/2012

      European Parliament resolution on the proposal for a Council decision on the conclusion of the regional Convention on pan-Euro-Mediterranean preferential rules of origin

      "Notes that the EU and EFTA member states each have a Technical Arrangement with Israel which deals with the issue of territoriality and which, to a limited extent, offers some solutions; takes the view that the solutions offered by these Technical Arrangements are not satisfactory; points out, moreover, that these Technical Arrangements do not bind the other parties to the regional Convention; is worried, therefore, that the regional Convention might give rise to a proliferation of situations in which other Contracting Parties encounter difficulties in securing cumulation under their agreements with the EU when working and processing in their own territories products imported under their agreements with Israel;

      "Calls on the Commission to review and, if necessary, renegotiate the Technical Arrangement with the intention of making it more effective and simple; asks the Commission to seek a solution that would also be applicable to goods imported from third parties that have cumulated working or processing in their own territory with materials imported under their agreements with Israel; asks the Commission to promote the incorporation of provisions conducive to the uniform application of the principle of territoriality by all contracting parties as part of any future revision of the regional Convention; (...)

      "Urges the Member States to ensure that their customs authorities effectively apply the Technical Arrangement and the spirit of the judgment of the European Court of Justice to Israeli cumulated products entering the EU under the diagonal cumulation provided for in the regional Convention; believes that the Commission should take the lead in coordinating such EU-wide efforts and should also take steps to create awareness among the customs authorities of the individual EU Member States as to how the Technical Arrangement should be applied to Israeli cumulated products; believes that the EU customs authorities should scrutinise the application of the Technical Arrangement more effectively in order to prevent abuse of the system of preferences."

      25/02/2010

      CJEU judgment: Firma Brita GmbH v Hauptzollamt Hamburg-Hafen (C-386/08)

      "The European Union takes the view that products obtained in locations which have been placed under Israeli administration since 1967 do not qualify for the preferential treatment provided for under that agreement. (...)

      "It is clear, both from Article 17 of the EC-Israel Protocol and from Article 15 of the EC-PLO Protocol, that proof of origin must be produced in respect of products originating in the territories of the contracting parties if they are to qualify for the preferential treatment. (...)

      "The customs authorities of the importing Member State may refuse to grant the preferential treatment provided for under the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, signed in Brussels on 20 November 1995, where the goods concerned originate in the West Bank.(...)" [Analysis]

      12/05/1998

      Implementation of the interim agreement on trade and trade-related matters between the European Community and Israel, Communication from the Commission to the Council and the European Parliament

      "Article 38 of the EC-Israel Interim Agreement on Trade and Trade-related matters specifics that it applies to the territory of the Member States or the European Community and "to the territory of the State of Israel".

      "No further definition or that notion is contained in the Agreement or was made in the context of its signature. The territorial scope of application of the the 1995 Association Agreement, currently under ratification, is defined under identical terms.

      "The question arises whether Israeli settlements in the West Bank and Gaza Strip, East Jerusalem and the Golan Heights are part of the State of Israel. Israel has unilaterally annexed hoth East Jerusalem and the Golan Heights and thus, as a matter of Israeli law, they form part of the State of Israel. For Israeli settlements in the West Bank and Gaza Strip which have not been formally annexed, Israeli jurisdiction applies in practice.

      "However, the international community and international public law take a different view. All relevant United Nations Security Council Resolutions lead to the conclusion that neither Israeli settlements in the West Bank. and Gaza Strip, nor East Jerusalem and the Golan Heights. can be considered as part of the State of Israel. In addition, the UN General Assembly has adopted many resolutions on the same matters that go beyond the Security Council positions.

      "Even if not adopted under Chapter VII of the UN Charter, these United Nations Security Council resolutions may be regarded as legally binding, or at least as an authoritative interpretation or international law. In addition the European Union has consistently endorsed the principles enshrined in all relevant Security Council resolutions, notably in the 1980 Venice declaration, the October 1996 Luxembourg Council declaration, the December 1996 declaradion of the Dublin European Council and the June 1997 Amsterdam "'Call for Peace".

      "Pending a permanent status solution it must therefore be concluded that the territorial scope or application of the EC-lsrael Interim Agreement on Trade and Trade-related matters is limited to Israel's pre-1967 borders, thus leaving out Israeli settlements in the West Bank and Gaza Strip, and the unilaterally annexed areas of East Jerusalem and the Golan Heights.

      "Given this, the EC-Israel Agreement covers neither exports originating in Israeli settlements in the West Bank and Gaza Strip nor exports originating in East Jerusalem and the Golan Heights. Preferential access for such exports would contravene the Protocol on rules of origin annexed to the agreement.

      "The Commission has grounds to believe that these violations are taking place at present. In this respect, the European Community should take steps to verify the accuracy of this information according to the procedures of the EC-Israel Interim Agreement.

      "Should the violation be confirmed, the European Community should take action to bring them to an end."

    • BHR news

      Date Information

      20/11/2018

      Answer given by Mr Moedas on behalf of the European Commission on AHAVA participation in Horizon 2020:

      "The participation of Israeli entities in Horizon 2020 is governed by the Agreement between the EU and the State of Israel on the participation of the State of Israel in the Union programme ‘Horizon 2020 — the framework Programme for Research and Innovation (2014-2020)’. The agreement makes the participation of Israeli entities subject to Horizon 2020 rules, which includes the applicability of the Commission Notice Nr. 2013/C-205/05EU (the Guidelines).

      "Ahava-Dead Sea Laboratories Ltd (AHAVA) participates in one Horizon 2020 project.[12] Activities carried out by AHAVA in the frame of this project may not take place in the territories occupied by Israel since June 1967. AHAVA does have operations in the settlement Mitzpeh Shalem, located in Occupied Territories as well as in the Kibbutz Ein Gedi, located within Israel’s pre-1967 borders. In accordance with the Guidelines, AHAVA was required to declare its commitment to comply with the relevant eligibility criteria upon application for funding.

      Verifications made during the course of PEPTICAPS, including through visits by consortium partners to AHAVA, have not questioned AHAVA’s compliance with the Guidelines. The Commission will endeavour to perform reinforced monitoring of the project in its assessment of the final reporting period, which is due on 4 December 2018. Should it be found that the applicable eligibility requirements have not been complied with the Commission may take appropriate actions."

Author: Hugh Lovatt

Design and development: Daniel Díaz, Lorenzo Marini, Juan Ruitiña

Editing: Adam Harrison