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PATIENCE RUNS OUT: EU TO CRACK DOWN ON ISRAELI SETTLEMENT PRODUCTS
By Christoph Schult in Brussels
Photo Gallery: A Deceptive 'Made in Israel' Label Photos
AFP
Israeli settlers living in the Palestinian terroritories often
deceptively give their products a "Made in Israel" label. The European
Union wants to move soon to end the practice and appears to be set
on a collision course with the country.
The wine section on the basement floor of the Galeria Kaufhof
department store in downtown Cologne has a good assortment of wines
from around the world. Above the bottles, the shelves bear little
tags showing the prices and flags of the countries of origin.
ANZEIGE
One cubicle has a tag showing a blue Star of David on a white
background. At first glance, one might be led to believe that the
wine comes from Israel. It even says "Wine of Israel" on the label.
However, it requires a good bit of geographical and historical
expertise to figure out the true origin of this [email protected] ($20) bottle
of wine. The label says it is a 2008 "Gamla" Cabernet Sauvignon,
"Produced & Bottled by Golan Heights Winery." The address provided is
"12900 Katzrin, Israel."
But that address isn't in Israel. Katzrin is a settlement in the Golan
Heights. Until the Six Day War of 1967, the rock plateau stretching
some 60 kilometers (37 miles) belonged to Syria. The Israeli army
has occupied both it and the Palestinian West Bank ever since.
The international community has never recognized Israeli sovereignty
over these areas, and the Geneva Convention outlaws the establishment
of settlements within occupied territories. Nevertheless, successive
Israeli governments have allowed colonies to be built up within them
and, today, some 650,000 Israeli settlers live in the West Bank and
East Jerusalem.
Prime Minister Benjamin Netanyahu recently confirmed what little
concern the Israeli government has for respecting international law
on this issue. "The days of bulldozers flattening settlements to the
ground are over," he told the daily tabloid Maariv.
Israel held parliamentary elections on Jan. 22 and is now in the
process of forming a new coalition government to be led by Netanyahu.
Although the coalition will include the liberal parties in the
political center, politicians representing settlers will also have a
strong voice in the new government. This configuration is diminishing
the hopes of politicians in Berlin, Brussels and Washington who were
eager to revive the comatose Middle East peace process.
Confrontation Course
This has prompted the European Union officials to move forward with
planning that will put them on a confrontation course with Israel.
The main issue is settlement policies. At a meeting in December,
the foreign ministers of the EU's 27 member states reiterated "their
commitment to ensure continued, full and effective implementation
of existing European Union legislation and bilateral arrangements
applicable to settlement products." In other words, they intend to
prohibit the sale of goods produced in the occupied territories --
or at least as long as they are falsely labelled.
Sanctions against products from the settlements would be a major
blow to the Israeli economy. Each year, the settlers export some
~@220 million worth of goods to Europe, whereas the comparable figure
for the Palestinians is a mere ~@15 million. Israel has accordingly
reacted very negatively to the plans in Brussels. In a response to the
plans, the Israeli Embassy in Berlin argued that there are territorial
disputes all over the world. "If this kind of labelling regulation is
not universal, and seeks to single out one place exclusively, namely
Israel," it said, "then this measure will be inherently iniquitous
and discriminatory by nature, and it should be treated as such."
Such charges have not been intimidating to officials in Brussels.
Employees of the European External Action Service (EEAS), the EU
diplomatic service ushered in by the Treaty of Lisbon, recently sifted
through the entire corpus of EU legislation in order to determine
which directives and regulations could be cited in efforts to ban
settler-made products. The list of applicable legislation, which
SPIEGEL has obtained, shows that the lion's share of potentially
banned products involves foodstuffs.
Difficulties in Verifying Origins
For example, European Council Regulation 1234/2007 sets rules "on
specific provisions for certain agricultural products," including
wine. Among the product information that must be declared is origin.
But, in practice, the law is constantly violated.
Council Regulation 479/2008 stipulates who is responsible for
monitoring that wine is properly labelled. Article 62 says: "The
competent authorities of the Member States shall take measures to
ensure that a product referred to in Article 59(1)" -- including wine
and related grapevine products -- "not labelled in conformity with
this Chapter is not placed on, or is withdrawn from, the market."
The red wine from the Golan Heights sold in the Galeria Kaufhof is
imported to Germany by Champagner und Wein Distributionsgesellschaft
mbH & Co. KG, a company based in the northern German state of
in Schleswig-Holstein. But the state's ministry responsible for
agriculture doesn't see any reason to take action. A ministry
spokeswoman says that since Israel's Ministry of Industry, Trade and
Labor has already provided a document confirming the origin of the
wine, there is no deception in the matter.
The EU member states also rely on the information supplied by Israeli
exporters when it comes to fruit and vegetables. It is difficult to
verify precisely where an orange or olive has been harvested. Right
now, one of the main things EU officials are looking into are dates
that are grown by Israeli settlers in the occupied Jordan Valley.
Products from Israeli cosmetics firm Ahava are also the subject of
dispute. The company produces creams and shower gels that contain
minerals from the Dead Sea. The products' packaging includes the
details, "Dead Sea Laboratories. Israel." In truth, the products are
manufactured at the edge of the Dead Sea in the occupied West Bank.
The company refused to answer detailed legal questions. "Ahava works
in coordination with the German authorities, the European Commission
and under the law," the company stated, tersely. But the apparent
calm was feigned. Ahava immediately informed the Israeli Embassy in
Berlin about SPIEGEL's reporting.
The German importer of Ahava products is based in Wiesbaden, so any
control of its products is the responsibility of the city, which is
the state capital of Hesse. In a written response to a query from
SPIEGEL, the city's consumer protection department wrote that because
the company's headquarters is officially located within the recognized
borders of the state of Israel, "nothing misleading can be detected."
Countries Turn Blind Eye to Imports
But officials at the EU in Brussels have a different view. Under
EU Regulation 2005/29, a trader is considered to be conducting
misleading actions when it presents material information "in an
unclear, unintelligible, ambiguous or untimely manner." The European
Commission considers such practices to be "misleading omissions".
Officials in Brussels have come to the conclusion that controllers
in many EU member states are simply turning a blind eye to products
originating from Israeli settlements.
A SPIEGEL review of all 27 EU national governments confirmed this
suspicion. The simple question of whether or not products from
settlements in the West Bank or the Golan Heights "come from Israel"
generated highly varied answers. Britain, Ireland, Finland, Sweden,
Estonia, the Netherlands, Austria, Spain and Cyprus all answered the
question with a clear "no". These countries consider products with
the labels "Product of Israel" or "Made in Israel" to be misleading.
A spokesperson with the British Department for Environment, Food and
Rural Affairs wrote that, "Items imported into the UK from Israeli
settlements, such as those in the West Bank, can't lawfully be labelled
as products of Israel."
Other EU countries expressed uncertainty. Given the country's difficult
history, officials in Germany are taking pains to avoid anything
that might evoke any kind of historical associations with the Nazis'
campaigns to prevent people from buying products from Jews. German
government officials are urging the European Commission to provide
"guidance assistance on the implementation of EU law in relation to
a consistency with EU law and correct labelling."
A number of EU countries see no problem whatsoever with the
labelling. They point out that sales are legal as soon as customs
officials have approved the products. However, the only thing that
customs officials check is whether or not the products fall under
the EU-Israel Association Agreement. If they do, then importers are
not required to pay an import tariff.
The Galeria Kaufhof department store chain also sees no reason to
act. The company argues it is the sole responsibility of suppliers
to ensure proper labelling. The company also spoke to the Israeli
Embassy in Berlin before answering a question from this SPIEGEL
reporter. "Suppliers and the embassy were able to give us credible
assurances that their actions are legal," a company spokesman wrote.
He also added that "Galeria Kaufhof, like the majority of the people,
wish the Middle East peace."
www.spiegel.de/international/europe/eu-to-crack-down-on-products-from-israel
i-settlements-a-882623.html
From: Baghdasarian
By Christoph Schult in Brussels
Photo Gallery: A Deceptive 'Made in Israel' Label Photos
AFP
Israeli settlers living in the Palestinian terroritories often
deceptively give their products a "Made in Israel" label. The European
Union wants to move soon to end the practice and appears to be set
on a collision course with the country.
The wine section on the basement floor of the Galeria Kaufhof
department store in downtown Cologne has a good assortment of wines
from around the world. Above the bottles, the shelves bear little
tags showing the prices and flags of the countries of origin.
ANZEIGE
One cubicle has a tag showing a blue Star of David on a white
background. At first glance, one might be led to believe that the
wine comes from Israel. It even says "Wine of Israel" on the label.
However, it requires a good bit of geographical and historical
expertise to figure out the true origin of this [email protected] ($20) bottle
of wine. The label says it is a 2008 "Gamla" Cabernet Sauvignon,
"Produced & Bottled by Golan Heights Winery." The address provided is
"12900 Katzrin, Israel."
But that address isn't in Israel. Katzrin is a settlement in the Golan
Heights. Until the Six Day War of 1967, the rock plateau stretching
some 60 kilometers (37 miles) belonged to Syria. The Israeli army
has occupied both it and the Palestinian West Bank ever since.
The international community has never recognized Israeli sovereignty
over these areas, and the Geneva Convention outlaws the establishment
of settlements within occupied territories. Nevertheless, successive
Israeli governments have allowed colonies to be built up within them
and, today, some 650,000 Israeli settlers live in the West Bank and
East Jerusalem.
Prime Minister Benjamin Netanyahu recently confirmed what little
concern the Israeli government has for respecting international law
on this issue. "The days of bulldozers flattening settlements to the
ground are over," he told the daily tabloid Maariv.
Israel held parliamentary elections on Jan. 22 and is now in the
process of forming a new coalition government to be led by Netanyahu.
Although the coalition will include the liberal parties in the
political center, politicians representing settlers will also have a
strong voice in the new government. This configuration is diminishing
the hopes of politicians in Berlin, Brussels and Washington who were
eager to revive the comatose Middle East peace process.
Confrontation Course
This has prompted the European Union officials to move forward with
planning that will put them on a confrontation course with Israel.
The main issue is settlement policies. At a meeting in December,
the foreign ministers of the EU's 27 member states reiterated "their
commitment to ensure continued, full and effective implementation
of existing European Union legislation and bilateral arrangements
applicable to settlement products." In other words, they intend to
prohibit the sale of goods produced in the occupied territories --
or at least as long as they are falsely labelled.
Sanctions against products from the settlements would be a major
blow to the Israeli economy. Each year, the settlers export some
~@220 million worth of goods to Europe, whereas the comparable figure
for the Palestinians is a mere ~@15 million. Israel has accordingly
reacted very negatively to the plans in Brussels. In a response to the
plans, the Israeli Embassy in Berlin argued that there are territorial
disputes all over the world. "If this kind of labelling regulation is
not universal, and seeks to single out one place exclusively, namely
Israel," it said, "then this measure will be inherently iniquitous
and discriminatory by nature, and it should be treated as such."
Such charges have not been intimidating to officials in Brussels.
Employees of the European External Action Service (EEAS), the EU
diplomatic service ushered in by the Treaty of Lisbon, recently sifted
through the entire corpus of EU legislation in order to determine
which directives and regulations could be cited in efforts to ban
settler-made products. The list of applicable legislation, which
SPIEGEL has obtained, shows that the lion's share of potentially
banned products involves foodstuffs.
Difficulties in Verifying Origins
For example, European Council Regulation 1234/2007 sets rules "on
specific provisions for certain agricultural products," including
wine. Among the product information that must be declared is origin.
But, in practice, the law is constantly violated.
Council Regulation 479/2008 stipulates who is responsible for
monitoring that wine is properly labelled. Article 62 says: "The
competent authorities of the Member States shall take measures to
ensure that a product referred to in Article 59(1)" -- including wine
and related grapevine products -- "not labelled in conformity with
this Chapter is not placed on, or is withdrawn from, the market."
The red wine from the Golan Heights sold in the Galeria Kaufhof is
imported to Germany by Champagner und Wein Distributionsgesellschaft
mbH & Co. KG, a company based in the northern German state of
in Schleswig-Holstein. But the state's ministry responsible for
agriculture doesn't see any reason to take action. A ministry
spokeswoman says that since Israel's Ministry of Industry, Trade and
Labor has already provided a document confirming the origin of the
wine, there is no deception in the matter.
The EU member states also rely on the information supplied by Israeli
exporters when it comes to fruit and vegetables. It is difficult to
verify precisely where an orange or olive has been harvested. Right
now, one of the main things EU officials are looking into are dates
that are grown by Israeli settlers in the occupied Jordan Valley.
Products from Israeli cosmetics firm Ahava are also the subject of
dispute. The company produces creams and shower gels that contain
minerals from the Dead Sea. The products' packaging includes the
details, "Dead Sea Laboratories. Israel." In truth, the products are
manufactured at the edge of the Dead Sea in the occupied West Bank.
The company refused to answer detailed legal questions. "Ahava works
in coordination with the German authorities, the European Commission
and under the law," the company stated, tersely. But the apparent
calm was feigned. Ahava immediately informed the Israeli Embassy in
Berlin about SPIEGEL's reporting.
The German importer of Ahava products is based in Wiesbaden, so any
control of its products is the responsibility of the city, which is
the state capital of Hesse. In a written response to a query from
SPIEGEL, the city's consumer protection department wrote that because
the company's headquarters is officially located within the recognized
borders of the state of Israel, "nothing misleading can be detected."
Countries Turn Blind Eye to Imports
But officials at the EU in Brussels have a different view. Under
EU Regulation 2005/29, a trader is considered to be conducting
misleading actions when it presents material information "in an
unclear, unintelligible, ambiguous or untimely manner." The European
Commission considers such practices to be "misleading omissions".
Officials in Brussels have come to the conclusion that controllers
in many EU member states are simply turning a blind eye to products
originating from Israeli settlements.
A SPIEGEL review of all 27 EU national governments confirmed this
suspicion. The simple question of whether or not products from
settlements in the West Bank or the Golan Heights "come from Israel"
generated highly varied answers. Britain, Ireland, Finland, Sweden,
Estonia, the Netherlands, Austria, Spain and Cyprus all answered the
question with a clear "no". These countries consider products with
the labels "Product of Israel" or "Made in Israel" to be misleading.
A spokesperson with the British Department for Environment, Food and
Rural Affairs wrote that, "Items imported into the UK from Israeli
settlements, such as those in the West Bank, can't lawfully be labelled
as products of Israel."
Other EU countries expressed uncertainty. Given the country's difficult
history, officials in Germany are taking pains to avoid anything
that might evoke any kind of historical associations with the Nazis'
campaigns to prevent people from buying products from Jews. German
government officials are urging the European Commission to provide
"guidance assistance on the implementation of EU law in relation to
a consistency with EU law and correct labelling."
A number of EU countries see no problem whatsoever with the
labelling. They point out that sales are legal as soon as customs
officials have approved the products. However, the only thing that
customs officials check is whether or not the products fall under
the EU-Israel Association Agreement. If they do, then importers are
not required to pay an import tariff.
The Galeria Kaufhof department store chain also sees no reason to
act. The company argues it is the sole responsibility of suppliers
to ensure proper labelling. The company also spoke to the Israeli
Embassy in Berlin before answering a question from this SPIEGEL
reporter. "Suppliers and the embassy were able to give us credible
assurances that their actions are legal," a company spokesman wrote.
He also added that "Galeria Kaufhof, like the majority of the people,
wish the Middle East peace."
www.spiegel.de/international/europe/eu-to-crack-down-on-products-from-israel
i-settlements-a-882623.html
From: Baghdasarian