Written answers

Tuesday, 23 January 2018

Department of Foreign Affairs and Trade

Foreign Policy

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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149. To ask the Minister for Foreign Affairs and Trade his views on plans to prohibit certain economic activity including the import and sale of goods with settlements in territories deemed occupied under international law; and if he will make a statement on the matter. [2887/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am conscious of the need to distinguish in our policies, between third countries in general, and territories that are illegally occupied under international law. This issue arises, for instance, in the case of Israeli settlements in Palestinian territory or in occupied Syrian Golan. Ireland and the European Union do not recognise these settlements as legal and do not provide assistance to their development. We maintain very clearly the position that these settlements are illegal, and harmful both to the Palestinian people, and to the prospects for peace between Israel and its neighbours. Ireland supports normal trade access for Israeli goods and services to the EU single market, consistent with the treatment of other countries with which the EU has trade and political agreements (many of which are the subject of very serious human rights concerns). However, Ireland has argued successfully that any rights granted to Israel under these agreements cannot be applied to Israeli settlements in Palestinian territory, and in response the EU has acted in a number of ways to give effect to its disapproval of, and long standing position of opposition to, illegal Israeli settlements:

- Goods from settlements are excluded from the low tariff rates applied to Israeli goods.

- EU funding may not be disbursed to Israeli entities based in settlements.

- Ireland and a number of EU Member States have published advice to citizens and businesses against investing in, or engaging in any form of economic activity with, settlements.

- EU-wide guidelines on labelling of goods from settlements

In discussions at EU level, I am open to considering in principle any proposal that the European Union should exclude products from illegal settlements from entering the EU market. However, the inescapable fact is that there is no prospect of such a proposal in relation to Israeli settlements gaining wider support at present.

My Department will carefully examine any proposed plans that may be put forward relating to the prohibition, at a national level, of imports from, or the sale of goods to, territories that are under occupation as defined by international law. It is, however, necessary to caution that international trade between the European Union’s Member States and third countries is regulated by the EU’s Common Commercial Policy and is a matter of exclusive Union competence. As a result, the scope which is afforded to a Member State to take such action is both limited and, naturally, governed by EU law including Regulation 2015/478 on Common Rules for Imports.

Any action by one Member State alone would raise not just legal, but also numerous practical problems. In any case, it is my firm view that an action of this type sends an effective signal only when pursued by a group of countries, sending a signal of international opinion on the issue. A coordinated EU policy is the only method that will have the potential to bring about change. The impact which this type of coordinated response can have was evident in the EU’s import ban on goods from, and restrictions on exports to, Crimea and Sevastopol, following their illegal annexation by Russia.

I would like to draw a clear distinction between settlements in occupied territory, and Israel itself, and to reiterate that the Government does not support the policy known as ‘BDS’ in relation to Israel. This has been the position of every Irish Government.

Ireland remains a strong and consistent critic of Israeli policies relating to the occupation, and in particular those connected with the construction of settlements on Palestinian land. We make those criticisms clearly and directly to the Israeli authorities, and in discussions in the EU and other relevant international fora. We do the same in relation to other countries.

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