Council Decision 2011/824/EU

law://eu/dec/2011/824@2026-11-13

Contents

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a), thereof,Having regard to the proposal from the European Commission,Having regard to the consent of the European Parliament,Whereas:

(1)The relationship between the Union and the Palestinian Authority of the West Bank and the Gaza Strip (‘the Palestinian Authority’) builds on the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part^note (‘Interim Agreement’), which was signed in February 1997 and whose trade provisions entered into force on 1 July 1997. Its main objective is to promote trade and investment and harmonious economic relations between the Parties thereby fostering their sustainable economic development.

(2)The Interim Agreement provides for duty-free access to the Union markets for Palestinian industrial goods, and a phasing-out of duties on the Union exports to the occupied Palestinian territory over 5 years. The possibility of granting the Palestinian Authority additional trade preferences is envisaged in the Interim Agreement. Article 12 of the Interim Agreement provides that the Community and the Palestinian Authority shall progressively establish a greater liberalisation of their trade in agricultural and fishery products of interest to both Parties. Article 14(2) of the Interim Agreement provides that the Community and the Palestinian Authority shall examine, in the Joint Committee, the possibility of granting each other further concessions.

(3)The European Neighbourhood Policy Action Plan (‘ENP Action Plan’) for the Palestinian Authority, which was approved in May 2005 and subsequently extended, also contains provisions concerning the gradual liberalisation of trade in agriculture and fishery products.

(4)The Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap) adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005 provides that a high degree of trade liberalisation for agricultural products, processed agricultural products and fish and fishery products is desirable; the objective is full liberalisation of such trade by 2010, possibly excluding a very limited number of sensitive products.

(5)At the last Trade Euro-Mediterranean Ministerial meeting in December 2009, Ministers of Trade of the Euro-Mediterranean region committed themselves to facilitate the trade of Palestinian products, as stated in the document The Euromed Trade Roadmap beyond 2010. In addition, a comprehensive package of measures to facilitate trade of Palestinian products with other Euro-Mediterranean partners on a bilateral and regional basis has been agreed by Ministers of Trade in 2010.

(6)Negotiations with the Palestinian Authority concerning greater liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products were successfully concluded by signing the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (‘the Agreement’), in accordance with Council Decision 2011/248/EU^note.

(7)The occupied Palestinian territory governed by the Palestinian Authority is a state in the making. It is therefore not listed under any United Nations classification and therefore cannot benefit from the Union’s Generalised System of Preferences^note.

(8)The Palestinian Authority is the smallest trading partner for the Union in the Euro-Mediterranean region and almost worldwide, with total trade amounting to EUR 56,6 million in 2009 where the vast majority of it is accounted for by EU exports (EUR 50,5 million). Union imports from the Palestinian Authority amount to just EUR 6,1 million in 2009 and consist mainly of agricultural products and processed agricultural products (approximately 70,1 % of total Union imports). In 2009, the Union exported EUR 1,7 million of agricultural goods, EUR 3,3 million of processed agricultural products and EUR 0,1 million of fish and fishery products. Further market opening is expected to support the development of the economy of the West Bank and the Gaza Strip through increased export performance while not creating negative effects for the Union. It is therefore appropriate to grant additional trade preferences to the Palestinian Authority by improving access to the Union market for agricultural products.

(9)In accordance with the ENP Action Plan, the level of ambition of the Union-Palestinian Authority relationship will depend on the degree of the Palestinian Authority’s commitment to common values as well as its capacity to implement jointly agreed priorities. The Union is planning to complement the granting of additional trade preferences with a package of trade related technical assistance which will further help the Palestinian Authority to prepare for a future Palestinian State.

(10)In addition, entitlement to benefit from the additional trade preferences granted by the Union is conditional upon the Palestinian Authority’s compliance with the relevant rules of origin and the procedures related thereto as well as the provision of effective administrative cooperation and assistance to the European Union. Any serious and systematic violations of these conditions, or other findings of fraud or irregularity, may lead to the adoption of measures by the Union following the relevant procedures in Article 23 bis of the Interim Agreement.

(11)For the purposes of defining the concept of originating products, certification of origin and administrative cooperation procedures, Protocol 3 to the Interim Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation applies.

(12)If the imports of agricultural products, processed agricultural products and fish and fishery products originating in the territory of the Palestinian Authority significantly increase and thereby cause serious distortion to the Union internal market, the Union should be able to adopt, if appropriate, safeguard measures in accordance with this Decision.

(13)The import arrangements adopted by the Agreement should be renewed on the basis of the conditions established by the Council and in the light of the experience gained in granting them. It is therefore appropriate to limit their duration to 10 years. However, taking into account the economic situation of the West Bank and Gaza Strip, the Parties should prolong the application of duty-free quota-free treatment should they consider that the Palestinian economy needs an additional transitional period in order to be ready to enter into negotiations leading to further reciprocal concessions.

(14)The Union and the Palestinian Authority should meet 5 years from the date of entry into force of the Agreement to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products, fish and fishery products in accordance with the objective laid down in Article 12 of the Interim Agreement. If this will be considered as not appropriate due to the limited future economic developments of the occupied Palestinian territory, such discussions should take place at later stage.

(15)The Agreement should be concluded,

HAS ADOPTED THIS DECISION:

Article 1 #

The Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (‘the Agreement’), is hereby approved on behalf of the Union.The text of the Agreement is attached to this Decision.

Article 2 #

Where the Union needs to take a safeguard measure concerning agricultural products and fish and fishery products, as provided for in the Article 23 of the Interim Association Agreement, that measure shall be adopted in accordance with the procedures provided for in Article 159(2) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)^note, or by Article 30 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products^note. For processed agricultural products, such safeguard measures shall be adopted in accordance with the procedures provided for, as appropriate, in Article 7(2) of Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin^note, or in Article 11(4) of Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products^note.

Article 3 #

The President of the Council shall designate the person empowered to proceed, on behalf of the Union, with the deposit of the instrument of approval provided in the Agreement, in order to express the consent of the Union to be bound by it^note.

Article 4 #

This Decision shall enter into force on the day of its adoption.

Annex 1

CN Code	Description	Duty (%)	Tariff quota(t, unless otherwise indicated)	Specific provisions
		a	b	c
01029071	Live bovine animals, of a weight exceeding 300 kg, for slaughter, ther than heifers and cows	0	300
02023090	Meat of bovine animals, boneless excluding fore-quarters, ‘compensated’ quarters, crop, chuck and blade and brisket cuts, frozen	0	200
02062200	Edible livers of bovine animals frozen	0	100
0406	Cheese and curd	0	200
04070019	Poultry eggs for hatching, other than those of turkeys or geese	0	120000 pieces
11010015	Flour of common wheat and spelt	0	13000
23099099	Other preparations of a kind used in animal feeding	2	100

Annex I

Annex 2

PRODUCTS REFERRED TO IN ARTICLE 7(2) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT
CN code	Description
1902	Pasta and couscous:
A	—of durum wheat,
B	—other,
190510	Crisp bread
19052090	Gingerbread and the like, not especially for diabetics:
A	—containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,
B	—other,
ex190532 A	Waffles and wafers
Al	—not filled, whether or not coated,
Ala	—containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,
Alb	—other,
A2	—other,
A2a	—containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins,
A2b	—other,
19054010	Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:
A	—containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,
B	—other,
1905ex 31) B + ex 90)	Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:
Bl	—containing added eggs, not less than 2,5 % by weight,
B2	—containing added dried fruits or nuts:
B2a	—containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V,
B2b	—other,
ВЗ	—containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts,

Annex II

III

Annex IV

A: consolidated list of concessions applied to imports into the european union of agricultural products and fishery products originating in the west bank and the gaza strip before the entry into force of this agreement in the form of an exchange of letters

1.The products listed in the Annex, originating in the West Bank and the Gaza Strip shall be admitted for importation into the European Union, according to the conditions contained hereafter and in the Annex.

(a)Customs duties are eliminated or reduced as indicated in column ‘a’.

(b)For certain products, for which the Common Customs Tariff provides the application of an ad valorem duty and a specific duty, the rates of reduction, indicated in columns ‘a’ and ‘c’, only apply to the ad valorem duty. However, for the product corresponding to the subheading 150910, the duty reduction applies to the specific duty.

(c)For certain products, customs duties are eliminated within the limit of the tariff quotas listed in column ‘b’ for each of them; the tariff quotas shall apply on an annual basis from 1 January to 31 December, unless otherwise specified.

(d)For the quantities imported in excess of the quotas, the common customs duties are, according to the product concerned, applied in full or reduced, as indicated in column ‘c’.

2.For certain products, the exemption of customs duties is granted in the framework of reference quantities as indicated in column ‘d’.Should the volume of imports of one of these products exceed the reference quantity, the European Union, having regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a tariff quota of the Union, the volume of which shall be equal to the reference quantity. In that case, for quantities imported in excess of the quota, the common customs duty is, according to the product concerned, applied in full or reduced as indicated in column ‘c’.

3.For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.

4.For some products listed in the Annex, the volume of the tariff quota is increased twice, on the basis of the volume indicated in column ‘e’. The first increase takes place on the date when each tariff quota is opened for the second time.

CN Code^note	Description^note	Reduction of the MFN customs duty(%)^note	Tariff quota(t, unless otherwise indicated)	Reduction of the MFN customs duty beyond current or possible tariff quota(%)^note	Reference quantity(t, unless otherwise indicated)	Specific provisions
a	b	c	d	e
04090000	Natural honey	100	500	0		point 4 — yearly increase of 250 t
060311000603120006031300060314000603191006031990	Cut flowers and flower buds, fresh, of a kind suitable for bouquets or for ornamental purposes	100	2000	0		point 4 — yearly increase of 250 t
07020000	Tomatoes, fresh or chilled, from 1 December to 31 March	100		60	2000
0703101107031019	Onions, fresh or chilled, from 15 February to 15 May	100		60
07093000	Aubergines (eggplants), fresh or chilled, from 15 January to 30 April	100		60	3000
ex070960	Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:
07096010	Sweet peppers	100		40	1000
07096099	Other	100		80
07099070	Courgettes, fresh or chilled, from 1 December to end of February	100		60	300
ex07099090	Wild onions of the species Muscari comosum, fresh or chilled, from 15 February to 15 May	100		60
07108059	Fruits of the genus Capsicum or Pimenta, other than sweet peppers, uncooked or cooked by steaming or boiling in water, frozen	100		80
07119010	Fruits of the genus Capsicum or Pimenta, other than sweet peppers, provisionally preserved but unsuitable in that state for immediate consumption	100		80
07123100071232000712330007123900	Mushrooms, wood ears (Auri-cularia spp.), jelly fungi (Tremella spp.) and truffles, dried	100	500	0
ex080510	Oranges, fresh	100		60	25000
ex080520	Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh	100		60	500
08054000	Grapefruit	100		80
ex08055010	Lemons (Citrus limon, Citrus limonum), fresh	100		40	800
08061010	Fresh table grapes, from 1 February to 14 July	100	1000	0		point 4 — yearly increase of 500 t
08071900	Melons (excluding water melons), fresh, from 1 November to 31 May	100		50	10000
08101000	Fresh strawberries, from 1 November to 31 March	100	2000	0		point 4 — yearly increase of 500 t
08129020	Oranges, provisionally preserved, but unsuitable in that state for immediate consumption	100		80
09042030	Fruits of the genus Capscium or of the genus Pimenta, other than sweet peppers, dried, neither crushed or ground	100		80
150910	Virgin olive oil	100	2000	0		point 4 — yearly increase of 500 t
20019020	Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved by vinegar or acetic acid	100		80
20059910	Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen	100		80

B: consolidated list of concessions applying to imports into the european union of processed agricultural products originating in the west bank and the gaza strip referred to in article 7(1) of the euro-mediterranean interim association agreement before the entry into force of this agreement in the form of an exchange of letters

CN code	Description
0403	Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:
04031051 to 04031099	Yoghurt, flavoured or containing added fruit, nuts or cocoa
04039071 to 04039099	Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk and cream, flavoured or containing added fruit, nuts or cocoa
07104000	Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen
07119030	Sweetcorn provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption
ex1517	Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of No 1516:
15171010	Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats
15179010	Other, containing more than 10 % but not more than 15 % by weight of milk fats
ex1704	Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 17049010
1806	Chocolate and other food preparations containing cocoa
ex1901	Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, excluding preparations falling within CN code 19019091
ex1902	Pasta, excluding stuffed pasta falling within CN codes 19022010 and 19022030; couscous, whether or not prepared
1903	Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms
1904	Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included
1905	Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
20019030	Sweetcorn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid
20019040	Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid
20041091	Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, frozen
20049010	Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen
20052010	Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
20058000	Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen
19042010	Preparation of the Müsli type based on unroasted cereal flakes
20089985	Maize (corn), other than sweetcorn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar
20089991	Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch, otherwise prepared or preserved, not containing added spirit or added sugar
21011298	Preparations with a basis of coffee
21012098	Preparations with a basis of tea or mate
21013019	Roasted coffee substitutes excluding roasted chicory
21013099	Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory
2102103121021039	Bakers’ yeasts
ex21039090	Sauces and preparations therefor:Mayonnaise
210500	Ice cream and other edible ice, whether or not containing cocoa
ex2106	Food preparations not elsewhere specified or included other than those falling within CN codes 21061020 and 21069092 and other than flavoured or coloured sugar syrups of CN codes 21069030 to 21069059
220290912202909522029099	Non-alcoholic beverages, not including fruit or vegetable juices of heading 2009, containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404
29054300	Mannitol
290544	D-Glucitol (sorbitol)
ex350510	Dextrins and other modified starches, excluding esterified and etherified starches of CN code 35051050
350520	Glues based on starches or on dextrins or other modified starches
380910	Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances
382460	Sorbitol other than that of subheading 290544

Council Decision 2011/824/EU

Council Decision 2011/824/EU

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Annex 1

Annex I

Annex 2

Annex II

III

Annex IV

A: consolidated list of concessions applied to imports into the european union of agricultural products and fishery products originating in the west bank and the gaza strip before the entry into force of this agreement in the form of an exchange of letters

Key facts

Connections

History · 1 version

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Annex 1

Annex I

Annex 2

Annex II

III

Annex IV

A: consolidated list of concessions applied to imports into the european union of agricultural products and fishery products originating in the west bank and the gaza strip before the entry into force of this agreement in the form of an exchange of letters