The EU is considering giving its backing to member states that wish to block imports from illegal Israeli settlements at a national level, under measures set to be considered by the bloc next week.
The proposal is one of several options being examined after a review found that Israel was likely in breach of the human rights obligations of the EU-Israel Association Agreement in relation to its war in Gaza.
An options paper prepared by EU foreign policy chief Kaja Kallas concludes that member states could potentially be permitted to block imports from settlements “at their respective national level for public policy reasons”.
The options paper, seen by RTÉ News, suggests that member states could take note of such national measures or “clarify the permissibility” of such actions.
EU foreign ministers to meet
EU foreign ministers will consider the options paper at a meeting of the bloc’s Foreign Affairs Council in Brussels on Tuesday.
Proponents of banning trade with illegal Israeli settlements in the Occupied Palestinian Territories have long argued that individual member states could do so under a “public policy” clause in EU trade law.
But the options paper is the first time it has been identified by the bloc as a potential measure in relation to Israel’s conduct of the war in Gaza.
The development is significant for the Irish Government in the context of the Occupied Territories Bill, which would ban trade with the settlements.
The options paper suggests that member states could issue a joint statement taking note that certain countries have blocked imports from the settlements at a national level – under a clause in the EU’s general imports regulation.
This would not require the unanimous approval of member states.
While the Irish Government maintains it does not require such an endorsement, the inclusion of the proposal in official EU discussions lends legitimacy to its position.
‘Really significant’
Conor O’Neill, the head of policy at Christian Aid and the spokesperson for the Campaign to Pass the Occupied Territories Bill, described it as “a really significant shift”.
“For years the EU has doggedly insisted that trade was an exclusive EU competence and therefore a national-level ban just wasn’t possible,” Mr O’Neill said.
“Now, for the first time, the EU has recognised that individual member states may ban trade with Israel’s illegal settlements under the ‘public policy’ derogation in EU trade law, exactly as we have argued for seven years.”
Tánaiste Simon Harris has repeatedly encouraged other similarly minded member states to pursue their own legislation to ban the import of goods from the settlements.
Ireland is the only EU country pursuing such a ban.
The measure is one of several options that the document proposes as falling outside the scope of the association agreement, which governs the EU’s trade and political relationship with Israel.
Number of options
For the first time, it also outlines a number of options that it could take within the agreement itself, such as a full or partial suspension of the pact, and a suspension or termination of Israel’s participation in EU programmes.
It also says foreign ministers could consider pausing or limiting cooperation with Israel, or freezing or delaying new initiatives or partnerships.
Most of these more severe measures would require the unanimous approval of the bloc’s 27 member states, or a majority of them. There is thus unlikely to be enough support for them.
The European Union External Action Service, the bloc’s diplomatic service, concluded in a review last month that there were “indications that Israel would be in breach of its human rights obligations under Article 2 of the EU-Israel Association Agreement”.
It pointed to assessments by independent international institutions.
Israel dismissed the review and said it exemplified the “double standards” the EU uses against Israel.
It has long argued that its war in Gaza is both lawful and necessary to destroy Hamas following the 7 October attacks.
