EU court: No customs breaks for Israeli goods from settlements
Der Speigel: One-third of Israeli exports to Europe are made in part or in full in the territories.
By Ora Coren Tags: EU Palestinian Authority Israel news West BankIsraeli goods produced in West Bank settlements are not eligible for customs benefits in the European Union, stated an advocate general of the European Court of Justice last week.
Israel and the EU have a free-trade agreement that gives Israeli exports substantial customs breaks.
The advocate general's non-binding opinion, if followed, could mean that goods produced in the territories may be saddled with full customs duties.
The opinion, submitted in a case in Germany brought by water purification firm Brita in 2002, could serve as a precedent in the EU. The company was ordered to pay 19,155 euros in customs for equipment it imported from the Israeli firm Soda Club, whose factory is in the West Bank.
German customs authorities asked Israeli authorities whether the goods were produced in the territories, and when no answer was received, Brita was ordered to pay customs duties.
Brita then appealed the decision to the German court system, and the Finance Court in Hamburg requested advice on the matter from European Union legal authorities.
In the past, EU authorities have ruled that the Golan Heights and East Jerusalem are also part of the "occupied territories," but in this case, the advocate general said his opinion referred only to the West Bank and Gaza.
Currently, for goods from the territories to receive customs breaks, they must bear a certificate issued by the Palestinian Authority.
The disagreement with the EU over Israeli exports from the territories has been going on for a long time. At one point, the EU threatened sanctions against all Israeli exports if an agreement was not reached. However, Israel refused to label or otherwise differentiate products from the settlements.
Five years ago, Israel and the EU agreed that all exports would be labeled with the place of manufacture, or the factory's zip code, and the EU customs authorities would then decide whether to levy customs.
Israeli exports to the EU totalled $17.8 million in 2008, of which only a tiny fraction were from the territories. However, Der Spiegel recently reported that a third of Israeli exports to Europe are made in part or in full in the territories.
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Israeli goods await export to Gaza in 2009. Limor Edrey |
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when you consider that agricultural products are one of the main israeli exports to the eu... AND especially when you include those items originating in the territories but "processed" in israel(or which have partial origins in the territories), the number of goods increases dramatically. one thing for sure though, israel isn't likely to volunteer any real numbers; is it?
"Hypocritical, because Judea and Samaria are, at worst, disputed territories and, despite all the hype to the contrary, are not, according to international law, illegally occupied." You are missing the point. The trade agreement covers goods MADE in israel, and the Westbank is not Israel - not even by Israeli definition. "it was a backward province illegally occupied by Jordan" Isn't it the Zionist mantra that occupation is applicable only to territory that was formerly part of a sovereign state? So how could Jordan occupy the Westbank?
The article warrants anything but surprise. No matter what your stand on the matter, the fact is that the wide wide world has concluded that peace between Israel and Palestine is impeded by the settlements. Get used to it..the EU will not change its opinion; nothing is made there that it cannot be found somewhere else.
You suggest that Israel should wage a trade war with Europe? You are welcome!!!
"We should export all Intel products also from Disputed Territories" Who WE? I guess the decisions where Intel production plants are located are made by the company's headquarters in the USA.
As far as the Basque and Northern Irish are concerned, there are obvious independence movements that are brutally suppressed by the British, Spanish, and French. As for the other territories, they all have independence movements that are denied to legally seek secession- that is Occupation. Interestingly enough, the Israeli government does NOT oppose an "palestinian" sovereign state- whereas the European countries I mentioned refuse to even entertain the idea of national self-determination for the peoples that they conquered and continue to suppress! As for Israel's "occupied territories"- you're just WRONG- those areas are seen legally by the UN and other international bodies as DISPUTED territories, NOT "occupied." The Europeans are picking again on Israel even though there are far worse abusers who also have dubious claims to regions within their borders: Armenia, Turkey, China, India, Pakistan the list goes on &on, yet only Israel is singled out- that is antisemitism!
- First, we speak of billions, not millions! - Second, the exports in 2008 were $54 billion (Wikipedia). The US took about 40% of it. Europe, most probably, more than that. - Third, you get the idea about the magnitude of Israel's work. The territories' work is negligible in comparison. Probably millions, not billions!
This is about territories that Israel occupied after 1967 war, not about the British Mandate. The EU and Israel signed an upgraded free trade agreement in 1995 covering the exports of goods produced in the territories of the two parties. The West Bank (and Gaza) are NOT part of the territory of the State of Israel, however you want to twist and turn it. So, of course different trade rules apply.
There is serious question as to whether the places you cite (or at least the vast majority of their population) consider themselves occupied. The relevant fact, however, is that they are legally part of their countries while the West BAnk is not legally part of Israel.
and there are no occupied territories according to the un charter which ratified the 1922 mandate and the san remo convention of 1920!
I agree Silvie! So would most of the world.
The argument that the Palestinians will suffer from removal of trade barriers to goods from settlements is a tired and ridiculous one. The simple fact is that the settlement enterprise has systematically destroyed the livelihoods and the opportunity for development of the locals. Palestinian agriculture, for example, has been devastated by (1) landgrab; (2) redirection of water supplies away from Palestinian towns and villages; (3) wanton destruction of Palestinian crops, including olive trees. First we destroy people's lives, then we hold out the opportunity to work for us with low wages and no proper work conditions, then we have the chutzpah to claim that we're doing the Palestinians a big favour. No intelligent person here or abroad will be fooled by such arrogant nonsense.
The EU, in its wisdom, is penalising the very people their hypocritical rules purport to protect. Hypocritical, because Judea and Samaria are, at worst, disputed territories and, despite all the hype to the contrary, are not, according to international law, illegally occupied. Manufacturers there provide a great deal of work to local Arabs. Prior to 1967, it was a backward province illegally occupied by Jordan, barely surviving on subsitance farming using the most primitive of farming methods. After 1967, local Arabs became reasonably prosperous by their own efforts and helped by Israel, until the advent of Arafat and his henchmen. It is true that the Jews living there benefit from their own entrepreneurship but it is no less true that local Arabs benefit too. The EU seems not to care whom it hurts in pursuing its politcal agenda.
Then Israel should label all products from basque, Catalan, Corsica, Bavaria, Scorland, Norhtern Ireland, Wallonia, Frisia, Scania, Lapland, Sardinia, and tax all products produced in the above occupied territories!
This is just the writing on the wall. The message will only get through to Israelis when it actually hits us in our pockets. Maybe we shall then see the consequences of our successive governments' actions.
All the settlements are in violation of the Fourth Geneva Convention, and the eighth commandment: Thou shalt not steal. The EU is on the right path: keep on marching!
Most of the workers of these companies are arabs. Why should Israel efficiently transport palestinian products for export via Israeli ports? Palestinian exports will be much more expensive via Jordan and Suez.
The EU don't want to give special tax for those products, that means that EU citizens pay more for those products. We should export all Intel products also from Disputed Territories to see if they will be taxed more ;-)) Furthermore why give special tax conditions to P.A. as legally West Bank is still not Palestinian nor ever was...It was refused by the Arabs in 1948 (there were no Palestinians at the time) and taken by Jordan and Egypt. in 1964 the PLO was created to free the occupied land (which one ???) Only in 1967 the territories were taken from Jordan and Egypt..not from "Palestinians"...History should be put straight !
'...sounds like the eu needs to do a little investigation into israel`s integrity.' Does anyone really have any doubts about Israel's level of integrity? The sole significance of an Israeli allegation is that Israel would find it convenient if the hearer would believe it. It bears no other necessary relationship to the truth.
Israel will never yield the WB willingly unless a great cost is imposed. The world will remain divided and polarized as long as the occupation and settlements continue. No other world issue arouses such strong emotions. Thus, peaceful means must be used to give Israel strong incentive to end the occupation and evacuate the settlements. All countries should require certification of origin on goods from Israel and require explicit consumer-level labeling on all goods produced in the settlments. Consumers have the right to know who we're implicitly supporting with our purchases. Now, I wont buy anything from Israel. In anticipation of Zionist comments: I also refuse to buy anything produced by Hamas or Islamic Jihad, but I don't believe any such products are on the market.
it's failure to respond to the direct question about the equipment brita purchased indicates the same. sounds like the eu needs to do a little investigation into israel's integrity.
Not really surprising. I imagine even the EU recognizes the political damage caused by giving tax breaks to Israeli enterprises in the occupied West Bank that may be perceived by some EU citizens as having Palestinian blood on their hands!
It seems reasonable to me that if the products don't come from Israel (legally the West Bank isn't), they are not entitled to Israeli benefits.