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4. As stated by the Council in December 2009:Recalling the EU's position as expressed at the Association Council in June 2009, the Council reaffirms its readiness to further develop its bilateral relations with Israel within the framework of the ENP. The EU reiterates its commitment towards the security of Israel and its full integration into the region, which is best guaranteed through peace between Israel and its neighbours.During the past twelve months, the EU has continued to develop its bilateral relations with Israel within the framework of the ENP, with additional support provided in other fora, such as Israel's accession to the OECD. Yet Israel has continued with settlement construction in the OPT, including East Jerusalem, and refused to negotiate seriously on terminating occupation and the establishment of an independent and sovereign Palestinian state.
The EU has always maintained that settlements are illegal, but has not attached any consequences for continued and systematic Israeli settlement expansion in the OPT, including East Jerusalem.
We therefore strongly believe that the EU must make absolutely clear that enhancement or upgrading of the EU-Israel Association Agreement and other bilateral agreements and programs will not occur unless settlements are frozen.
We furthermore recommend in the strongest possible terms that the EU examine the legal implications for the EU of the continued application of bilateral agreements by Israel to Israelis and Israeli entities in the OPT, i.e. to areas outside the internationally recognized boundaries of the State of Israel. We consider it necessary that the EU add safeguard clauses to these agreements which rule out their application to Occupied Territories, to ensure that entities prohibited by international law and considered unlawful by EU policy, such as settlements, are excluded from European privileges and will not be promoted and legitimized by their provision. We consider it necessary that the EU bring an end to the import of settlement products which are, in contradiction with EU labeling regulations, marketed as originating in Israel. We consider it simply inexplicable that such products still enjoy benefits under preferential trade agreements between the EU and Israel.
5. As stated by the Council in December 2009:Encouraging further concrete confidence building measures, the Council takes positive note of the recent decision of the Government of Israel on a partial and temporary settlement freeze as a first step in the right direction and hopes that it will contribute towards a resumption of meaningful negotiations.The partial and temporary suspension of settlement construction by the Government of Israel expired in September 2010, and Israel has since then either resumed or announced construction of approximately 2,000 new settlement units, particularly in East Jerusalem and its environs.
The EU has stated unequivocally for decades that the settlements in the OPT are illegal, but Israel continues to build them. Like any other state, Israel should be held accountable for its actions. It is the credibility of the EU that is at stake.
6. As stated by the Council in December 2009evelopments on the ground play a crucial part in creating the context for successful negotiations. The Council reiterates that settlements, the separation barrier where built on occupied land, demolition of homes and evictions are illegal under international law, constitute an obstacle to peace and threaten to make a two-state solution impossible. The Council urges the government of Israel to immediately end all settlement activities, in East Jerusalem and the rest of the West Bank and including natural growth, and to dismantle all outposts erected since March 2001.The EU position could not be clearer, but – as we have argued above − failure to act accordingly, in the face of contraventions and disregard by Israel, undermines the EU and its credibility in upholding international law.
7. As stated by the Council in December 2009:The EU welcomes Israel's steps to ease restrictions of movement in the West Bank which have made a contribution to economic growth. The Council calls for further and sustained improvements of movement and access, noting that many check points and road blocks remain in place. The Council also calls on the Palestinian Authority to build on its efforts to improve law and order.In respect of this Conclusion, the Council should indicate the extent to which it deems the parties to have met or fallen short of meeting their respective roles in enabling development of the Palestinian economy and the maintenance of law and order within the OPT.
8. As stated by the Council in December 2009:The Council is deeply concerned about the situation in East Jerusalem. In view of recent incidents, it calls on all parties to refrain from provocative actions. The Council recalls that it has never recognised the annexation of East Jerusalem. If there is to be a genuine peace, a way must be found through negotiations to resolve the status of Jerusalem as the future capital of two states. The Council calls for the reopening of Palestinian institutions in Jerusalem in accordance with the Roadmap. It also calls on the Israeli government to cease all discriminatory treatment of Palestinians in East Jerusalem.The situation in East Jerusalem has continued to deteriorate during the past year with, for example, forced evictions of Palestinian families from their homes, and today represents the most critical flashpoint and greatest threat to a resolution of the Israeli-Palestinian conflict.
We therefore believe that a high-level EU delegation led by the High Representative for Foreign and Security Policy and including EU foreign ministers should visit East Jerusalem as a matter of urgency to draw attention to the erosion of the Palestinian presence there, and report back to the EU with an agenda of proposals to arrest and reverse the deterioration of the situation on the ground.
9. As stated by the Council in December 2009:Gravely concerned about the situation in Gaza, the Council urges the full implementation of UNSCR 1860 and the full respect of international humanitarian law. In this context, the continued policy of closure is unacceptable and politically counterproductive. It has devastated the private sector economy and damaged the natural environment, notably water and other natural resources. The EU again reiterates its calls for an immediate, sustained and unconditional opening of crossings for the flow of humanitarian aid, commercial goods and persons to and from Gaza. In this context, the Council calls for the full implementation of the Agreement on Movement and Access. While extremists stand to gain from the current situation, the civilian population, half of which are under the age of 18, suffers. Fully recognising Israel's legitimate security needs, the Council continues to call for a complete stop to all violence and arms smuggling into Gaza. The Council calls on those holding the abducted Israeli soldier Gilad Shalit to release him without delay.