Key facts
- EU foreign ministers will discuss a potential ban on imports from illegal Israeli settlements.
- The European Commission has proposed three options: a ban, high tariffs, or an import licensing system.
- At least 10 EU member states, including Belgium, the Netherlands, and Spain, advocate for ending trade with occupied territories.
- Over 100 legal scholars have urged the EU to comply with international law by banning trade with settlements.
- An investigation revealed that a significant portion of shipments from occupied territories were mislabelled as Israeli-grown.
- Divisions among EU member states are expected to prevent any immediate decisions on trade.
The European Union is facing accusations of delaying action on a potential ban of trade with illegal Israeli settlements, as foreign ministers prepare to discuss the issue. The ministers are meeting in Brussels to consider options presented by the European Commission, which include a complete ban on imports from settlements, imposing high tariffs to make trade economically unviable, or implementing an import licensing system.
Despite calls from at least 10 member states, including Belgium, the Netherlands, and Spain, to uphold international law and end trade with occupied territories, divisions among the 27 ministers are expected to prevent any immediate decisions. This comes amid a severe humanitarian crisis in Gaza and increased violence in the West Bank. The European Commission's paper, seen by The Guardian, also acknowledges the potential impact on EU-Israel relations, particularly in light of Israel's upcoming general election.
More than 100 legal scholars have affirmed the EU's international legal obligation to prevent trade that supports the illegal situation created by Israel in the occupied Palestinian territories. Ignacio García Bercero, a former senior trade official and signatory to a letter on the matter, stated that only a ban would be effective, as other measures could be circumvented by Israeli policy. A recent investigation by NGO Global Echo found that a significant portion of agricultural products from settlements were mislabelled as Israeli-grown, and Israeli exporters benefit from illegal tax breaks.
The EU's ability to enact a ban is complicated by an ongoing dispute over whether it requires a qualified majority vote or unanimous consent from member states. Senior EU diplomats have described the process of getting the options paper drafted as a difficult battle, with a lack of "joyful cooperation" from the commission. Law professor Alberto Alemanno warned that each month of delay increases the EU's legal liability for sustaining trade with an unlawful occupation. Human Rights Watch associate director Claudio Francavilla expressed astonishment that a ban is still being presented as a mere option, when it is the only measure compliant with international law.