Amid growing calls from EU member states’ ministers of foreign affairs, the High Representative has repeatedly requested the Commission to prepare a proposal to restrict trade with Israel’s illegal settlements. As many of us raised in a joint letter in February 2025 we believe that the EU must ban such trade and should do so under article 207 TFEU, as a measure necessary to bring EU trade into compliance with international law, including as most authoritatively interpreted by the International Court of Justice (ICJ) in its landmark advisory opinion of 19 July 2024.
The signatories also underline how the current EU policy with regard to settlement products is manifestly inadequate in light of the obligations highlighted by the ICJ.
EU measures aimed at excluding settlement products from preferential tariff treatment and correct labelling clearly do not constitute steps to prevent trade with the illegal settlements.
The signatories recall that, under Articles 3(5) and 21 TEU and case-law of the EU Court of Justice, the EU must respect international law and ensure that its external action, including trade policy is consistent with it.
Therefore, the Commission has a duty to propose a regulation under Article 207 TFEU to stop trade with the illegal settlements. This applies not only to goods from settlements, but also to services.
It’s worth noting that the EU has previously used article 207 TFEU to ban import of products made with forced labour and products used for torture and to restrict trade in conflict minerals in order to align its trade policy with its principles.
Read the letter and full list of signatories here
