The Hague – Brussels: Europe and the Arabs

A number of members of the Dutch government have expressed concern about potential obstacles to implementing measures that would restrict trade in goods originating from illegal Israeli settlements in the occupied Palestinian territories and the Syrian Golan Heights. This comes after the cabinet approved a measure on Friday aimed at banning trade in goods from these settlements. The cabinet is also still considering a ban on services and investments.

The cabinet is also still considering imposing bans on services and investments, according to the Dutch news agency ANP. The agency added that last year, the House of Representatives called for a national import ban on settlements. Despite repeated calls from the cabinet, a European ban lacks sufficient support from member states. A boycott at the EU level is considered more effective and easier to implement within the European free market. The government expressed its deep concern about the situation in these areas, noting that the expansion of illegal settlements and excessive settler violence are exacerbating the situation, making a two-state solution increasingly difficult.

Implementation

The implementation of the sanctions is a cause for concern. Ministers Tom Berendsen (Foreign Minister, Christian Democratic Alliance) and Sjoerd Sjoordsma (Foreign Trade Minister, Democrats 66) wrote to Parliament: “The government has carefully considered the efficiency, effectiveness, proportionality, and feasibility of the measure, as well as the regulatory burden it entails. However, its implementation is likely to face some limitations.”

To ensure the measure is as effective as possible, the Netherlands sought cooperation with other member states that had taken a similar decision. For example, Belgium also announced a ban on imports from these settlements last year.

This measure prohibits not only the import of goods from the settlements but also (intermediary) trade with them. Dutch companies operating abroad must comply with it, and circumvention is prohibited.

The ban is limited to trade in goods only, as there is a “clear basis” for it in European law. For services and investments, there is no clear basis, according to the Cabinet.

The ban will be in effect for three years, unless legislation provides otherwise. The Cabinet is seeking an urgent advisory opinion from the Council of State to implement this measure as soon as possible. It is worth noting that nearly a year ago, in a move described as historic and unprecedented in Europe, Ireland passed legislation banning trade with Israeli settlements in the occupied West Bank and East Jerusalem, becoming the first country in Europe to do so.

The Master Plan for Israeli Settlements
In this context, Irish Foreign and Trade Minister Simon Harris announced the decision following the publication of a new government bill concerning the ban on imports from these settlements. He emphasized that the government had already approved what is known as the "Master Plan for Israeli Settlements in the Occupied Palestinian Territory (Ban on Imports of Goods)."

This legislation is based on an advisory opinion issued by the International Court of Justice on July 19, 2014, which affirms the illegality of the settlements under international law.

With the decision coming into effect, any imports from West Bank or East Jerusalem settlements will be considered an offense punishable under the Irish Customs Act 2015, and customs authorities will be granted the power to inspect and seize goods.