Explanatory Memorandum to COM(2009)95 - Signing and conclusion of the Agreement with Israel concerning reciprocal liberalisation measures on agricultural, processed agricultural products and fish and fishery products and the replacement of Protocols 1 and 2 and of the Annex to Protocol 1 and the Annex to Protocol 2 and modifications to the association agreement with Israel

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Articles 14 and 15 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (“Association Agreement”) in force since 1 June 2000, states that the Community and Israel shall gradually implement greater liberalisation of their trade in agricultural and fish and fishery products. Article 9 i of the Association Agreement foresees the possibility for further mutual tariff concessions in processed agricultural products listed in Annexes II to VI of the agreement.

On 14 November 2005 the Council has authorised the Commission to conduct negotiations within the framework of the Euro-Mediterranean Agreement with the State of Israel, taking into account the progress made by Israel as regards the European Neighbourhood Policy Action Plan, in order to achieve greater liberalisation of reciprocal trade in agricultural, processed agricultural products and fish and fishery products, in the spirit of the Barcelona Process and in line with the principles of the European Neighbourhood Policy and the conclusions of the Euro-Mediterranean Conference of Ministers of Foreign Affairs in Luxembourg on 30-31 May 2005. In this context and on the basis of the conclusions of the Euro-Mediterranean Ministerial Conference on Agriculture in Venice of 27 November 2003, the following measures in particular should form an integral part of the negotiation process: sanitary and phytosanitary measures; the approximation of technical standards and the harmonisation of legislation; and the protection of geographical indications.

The European Commission and Israel officially opened the negotiations on 19 June 2006 in Tel-Aviv that were concluded on 30 April 2008 in Tel-Aviv and the Agreed Minutes on the deal reached were initialled on 18 July 2008 in Brussels. The compensations regarding the enlargement of the Community to include Bulgaria and Romania formed an integral part of the negotiations. In order to implement the results of the negotiations concluded with Israel, the Commission proposes to the Council to adopt, the replacement of Article 7, deletion of Article 9, deletion of Annexes I to VI, the modification of the title of Chapter 3, the replacement of Article 10, the amendments of Articles 12 and 13, the replacement of Article 14, the deletion of Article 15 and replacement of the Protocols 1 and 2 and of Annex to Protocol 1 and Annex to Protocol 2.

Furthermore, regarding the protection of geographical indications and denominations of origin, Parties agreed to have a separate dialogue on this subject. A Common Declaration is added to this agreement.

On sanitary and phytosanitary issues Israel should adopt a Phytosanitary Law, which is in line with the international standards such as those laid down by the WTO and OIE, before the entry into force of the attached agreement. However, if this will be not the case, the Parties agreed that for products within the scope of the Israeli Phytosanitary Law the entry into force of this agreement will not be earlier than the day of the notification by Israel of the entry into force of the above-mentioned Law.

The intention of both sides is that this Agreement enters into force early in 2009.

In consequence the Commission propose to the Council to adopt the annexed Decision.