Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

81. To ask the Minister for Foreign Affairs and Trade the up-to-date position regarding the review of the EU-Israel Association Agreement; and if he will make a statement on the matter. [47335/25]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context

As the Deputy will be aware, on 14 February 2024, the then Taoiseach and Prime Minister Sanchez of Spain wrote to the President of the European Commission requesting an urgent review of whether Israel is complying with its human rights obligations under the EU-Israel Association Agreement. Furthermore, the letter requested that the Commission propose appropriate measures for the consideration of the Council, should it find that Israel is in breach of its obligations.

The EU-Israel Association Agreement provides that the relations between the parties will be based on respect for human rights and democratic principles, which constitute an 'essential element' of that Agreement.

I attended the EU-Israel Association Council earlier this year, which took place in the margins of the Foreign Affairs Council on 24 February. The Association Council was chaired by EU High Representative Kaja Kallas, and by Gideon Sa'ar, Minister of Foreign Affairs of Israel, in the presence of Dubravka Šuica, EU Commissioner for the Mediterranean, and representatives of EU member states. At the Association Council, the European Union recalled the importance of Article 2 of the Association Agreement.

In my intervention, I underlined that each of the EU’s bilateral relationships must be grounded in respect for international law and our fundamental principles. I expressed grave concern about the catastrophic humanitarian situation in Gaza and underlined the EU’s call for full and unimpeded access for humanitarian aid. I made clear that the EU rejects any attempt at demographic or territorial changes in the Gaza Strip and stresses the importance of unifying Gaza with the West Bank under the Palestinian Authority. I called attention to the EU’s strong opposition to Israel’s settlement policy and activities, and to all actions that undermine the viability of the two-State solution, including extremist settler violence.

The Government has always been of the view that the EU-Israel Association Agreement must be interpreted and applied in accordance with the obligations of the EU and its Member States under international law. These obligations have been clarified by the International Court of Justice in its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory of 19 July 2024.

In response to requests from a number of Ministers, on 20 May the EU Foreign Affairs Council agreed to a review of the EU-Israel Association Agreement. The decision to conduct a review reflects the grave concerns held by Member States regarding ongoing Israeli military operations and the dire humanitarian situation in Gaza.

It is clear from the finalised review that Israel is in breach of its human rights obligations. This is a significant finding. At the Foreign Affairs Council on 23 June, the High Representative said that she will communicate this clearly to Israel. The High Representative also briefed the European Council on the outcome of the review at its meeting on 26 June. I was clear with my EU counterparts at the June Foreign Affairs Council that there must now be concrete options for follow-up action to this review. At the Gymnich informal meeting of EU foreign ministers on 29-30 August, I called for immediate action in response to Israel’s breaches of its obligations under international law . It is crucially important that the EU acts now and takes immediate and concrete measures in response to Israel’s actions which are in breach of its human rights obligations under the EU-Israel Association Agreement.

In parallel, Ireland continues to press for action at the EU level in light of the ICJ Advisory Opinion. This was a key focus of our engagement with EU partners in advance of the June Foreign Affairs Council and I joined nine other EU Foreign Ministers in writing a letter to the High Representative calling for the EU to undertake a detailed review of its compliance with the Advisory Opinion of the ICJ. This review will now be taken forward in parallel with the review of the EU-Israel Association Agreement. I have been calling for this work for some time, and will continue to press for action. It is essential that the EU abide by its commitments under international law.

I have always been clear that Ireland’s position on the EU-Israel Association Agreement is just one element of our efforts to shape EU policy. The European Union can, and should, continue to do more to use the levers at its disposal to exert pressure on Israel. This will remain a priority for my continuing engagement at EU level.

My overarching priority is to contribute to a coordinated and consolidated effort by the international community as a whole to support efforts to reach agreement on a ceasefire and hostage release agreement and the surge of humanitarian aid into Gaza; to safeguard the two-State solution; to work towards the return of the Palestinian Authority to Gaza in accordance with UN Security Council 2735 and to uphold the equal right to self-determination, peace, security and dignity for Israelis and Palestinians alike.