Brussels, 29/10/2009 (Agence Europe) - Israel cannot assume customs duty exemption for products made in the West Bank. In an opinion delivered on Thursday 29 October, Advocate General Yves Bot takes the view that the EC-Israel agreement does not apply to products from the occupied territories.
The case in point refers to goods made by Soda-Club, established in Mishor Adumin in the West Bank; east of Jerusalem. German company Brita, which produces, among other goods, aerators and water filters, wanted to import Soda-Club products with preferential customs treatment under the terms of the EC-Israel agreement, concluded in 1995 between the European Economic Community of the time and Israel. The German authorities tried to ascertain from the Israeli authorities whether the goods came from the occupied territories, but failed to receive a satisfactory answer. When the request for the preferential customs system to be applied was refused, Brita took the matter to the Finanzgericht Hamburg (Hamburg Finance Court, Germany). This court asked the European Court about the validity of Brita's argument that, inter alia, it is for the exporting country to certify the origin of its products. The Advocate General acknowledges that this is usually so, but, in this specific case, however, the German authorities are every bit as able to determine whether the products come from the occupied territories, even though there has been no official confirmation from Israel. The occupied territories are not recognised as being within the Israeli borders either as set out in the 1947 United Nations plan, or under the agreement signed between Israel and Palestine in Washington in 1995. Bot further says that the occupied territories come under a separate scheme, concluded between the EEC and the Palestinian Liberation Organisation. For the Soda-Club products to benefit from preferential customs treatment, they will have to be certified by the Palestinian authorities. The opinion of the Advocate General is not binding on the Court, although, in three quarters of cases, the Court accepts it. The final ruling is expected in the coming months. (C.D./transl.rt)