
|  
Agreements Israeli - Palestinian Interim Agreement On the
West Bank and the Gaza Strip Washington DC, 28 September 1995
Annex III
Protocol Concerning Civil Affairs - Part I.
Contents
Liaison and Coordination in Civil Affairs
1. Joint Civil Affairs Coordination and Cooperation
Committee
a. A Joint Civil Affairs Coordination and
Cooperation Committee (hereinafter "the CAC") is hereby established.
b. The CAC will function with regard to policy
matters under the direction of the Joint Liaison Committee, with ongoing
coordination being provided by the Monitoring and Steering Committee.
c. The CAC will deal with the following matters:
-
Civil affairs, including issues concerning the transfer of
civil powers and responsibilities from the Israeli military government
and its Civil Administration to the Council.
-
Matters arising with regard to infrastructures, such as roads,
water and sewage systems, power lines and telecommunication infrastructure,
which require coordination according to this Agreement.
-
Questions regarding passage to and from the West Bank and
the Gaza Strip, and safe passage between the West Bank and the Gaza Strip,
including crossing points and international crossings.
-
The relations between the two sides in civil matters, in
issues such as granting of permits.
-
Matters dealt with by the various professional subcommittees
established in accordance with this Annex, which require further discussion
or overall coordination.
-
Other matters of mutual interest.
d. The CAC shall convene at least once a month,
unless otherwise agreed.
e. Each side may initiate the convening of
a special meeting on short notice.
f. The CAC shall determine by agreement its
mode of procedure.
2. Joint Regional Civil Affairs Subcommittees
a. Two Joint Regional Civil Affairs Subcommittees
will operate under the CAC, one for the West Bank and one for the Gaza
Strip (hereinafter "the RCACs").
b. The RCACs in the West Bank and in the Gaza
Strip shall deal with the regional civil affairs matters in the West Bank
and in the Gaza Strip respectively, detailed in paragraph 1.c above, and
with civil matters referred to them by the District Civil Liaison Offices.
c. Each RCAC may establish ad hoc working
groups if and when the need arises.
d.. Each RCAC shall convene no less than once
every two weeks.
e. Matters of principle and policy not settled
within the RCACs shall be passed on to the CAC.
3. District Civil Liaison Offices
a. Each side will establish and operate District
Civil Liaison Offices in the West Bank (hereinafter "DCLs"). Such DCLs
will be established in the following areas: Jenin, Tulkarem, Qalqilya,
Nablus, Ramallah, Bethlehem, Hebron and Jericho.
b. In the Gaza Strip DCLs may be established
to operate in the districts assigned for the DCOs, as specified in Annex
I.
c. The DCLs shall deal with the day to day
civil affairs, detailed in paragraph 1.c above, in their respective areas
of operation.
d. The DCLs shall operate on a daily basis,
representatives of the respective DCLs shall meet daily and the heads of
the respective DCLs shall convene official meetings at least once a week.
4. General
a. Means of communication shall be set up
with a view to ensuring efficient and direct contact 24 hours a day, in
order to deal with any urgent matter arising in the civil affairs field.
b. The CAC and the RCACs shall be comprised
of an equal number of representatives from Israel and from the Council.
c. Each side shall inform the other of its
representatives to the CAC and the RCACs prior to meetings. Meetings of
the CAC and the RCACs shall be organized and hosted by the two sides alternately,
unless otherwise agreed.
d. The provisions of this Article shall not
impede daily contacts between representatives of Israel and of the Council
in all matters of mutual concern.
Transfer of Civil Powers and Responsibilities
Powers and responsibilities of the Israeli
military government and its Civil Administration shall be transferred to
and assumed by the Council in accordance with the provisions of this Annex
and of Appendix 1.
Modalities of Transfer
-
In the first phase of redeployment, the transfer of civil
powers and responsibilities will be effected concurrently with the stages
of this redeployment, as detailed in Annex I, Article I.1 and Appendix
1 thereto.
-
The transfer of civil powers and responsibilities shall be
coordinated through the CAC and implemented in accordance with the arrangements
set out in this Annex, in a smooth, peaceful and orderly manner.
-
Preparations for the implementation of this Annex shall commence
immediately upon the signing of this Agreement.
-
The Israeli authorities shall provide all necessary assistance
to the Council including access to offices, registers, records, systems
and equipment and all necessary information, data and statistics, required
for the transfer of powers and responsibilities.
-
In accordance with the stages of transfer of powers and responsibilities,
Israel will transfer from the possession of the Israeli military government
an Water and Sewage - Data Concerning Aquifers 200d its Civil Administration
to the Council, offices located in areas under Palestinian territorial
jurisdiction, equipment, registers, files, computer programs, reports,
archives, records, maps, scientific data, relevant licenses, installations,
registrations (including registrations regarding land situated in the areas
under the territorial jurisdiction of the Council) and other movable and
immovable property necessary for its functioning.
-
Arrangements regarding the transfer of funds, assets, and
contracts, are set out in Article 39 of Appendix 1 (Treasury).
Special Provisions concerning Area C
-
In Area C, in the first phase of redeployment, powers and
responsibilities not related to territory, as set out in Appendix 1, will
be transferred to and assumed by the Council in accordance with the provisions
of that Appendix.
-
During the further redeployment phases, powers and responsibilities
relating to territory, as set out in Appendix 1, will be transferred gradually
to Palestinian jurisdiction that will cover West Bank and Gaza Strip territory,
except for the issues that will be negotiated in the permanent status negotiations.
-
In accordance with the DOP, in Area C, the Council will hafunctional
jurisdiction with regard to the powers and
responsibilities transferred pursuant to this Annex. This jurisdiction
shall not apply to issues that will be negotiated in the permanent status
negotiations, as set out in Article XVII, paragraph 1 of this Agreement.
-
The transfer of powers and responsibilities in Area C shall
not affect Israel's continued authority to exercise its powers and responsibilities
with regard to internal security and public order, as well as with regard
to other powers and responsibilities not transferred.
-
The closure of areas or the imposing of other restrictions
on the movement of persons or goods in Area C, required for the implementation
of the powers and responsibilities transferred to the Council in accordance
with this Annex (such as for the prevention of the spreading of diseases),
shall require prior Israeli consent.
-
a. The Council may appoint civilian inspectors to monitor
compliance with laws and regulations within the powers and responsibilities
transferred to it in Area C, in a number necessary for the fulfillment
of its functions as agreed in the CAC.
b. Arrangements regarding the operation of such inspectors,
including agreed identification documentation, shall be as agreed within
the CAC.
c. The civilian inspectors shall not conduct activity
which involves arrests or detention of persons, seizure of property or
any other activity involving the use of force.
d. These inspectors shall neither wear uniforms of a
police or military nature nor carry arms.
Powers and Responsibilities for Civil Affairs
In accordance with Article II of this Annex,
powers and responsibilities of the Israeli military government and its
Civil Administration shall be transferred to and assumed by the Council
in accordance with this Annex and the following provisions:
-
This sphere includes, inter alia, veterinary services, animal
husbandry, all existing experimental stations, irrigation water (i.e. usage
of irrigation water which has been allocated for this purpose), scientific
data, forestry, pasture and grazing, licensing and supervision of agriculture,
the farming and marketing (including export and import) of crops, fruit
and vegetables, nurseries, forestry products, and animal produce.
-
Irrigation water, as well as facilities, water resources,
installations and networks used in agriculture are dealt with in Article
40 (Water and Sewage).
-
Relations in the agricultural sphere between the Israeli
side and the Palestinian side, including the movement of agricultural produce,
are dealt with in Annex V (Protocol on Economic Relations).
-
The two sides will cooperate in training and research, and
shall undertake joint studies on the development of all aspects of agriculture,
irrigation and veterinary services.
-
Forestry is part of the Agriculture sphere and is dealt with
in Article 14 (Forests).
-
Powers and responsibilities in the sphere of archaeology
in the West Bank and the Gaza Strip will be transferred from the military
government and its Civil Administration to the Palestinian side. This sphere
includes, inter alia, the protection and preservation of archaeological
sites, management, supervision, licensing and all other archaeological
activities.
-
In Area C, powers and responsibilities related to the sphere
of Archaeology will be transferred gradually to Palestinian jurisdiction
that will cover West Bank and Gaza Strip territory except for the issues
that will be negotiated in the permanent status negotiations, during the
further redeployment phases, to be completed within 18 months from the
date of the inauguration of the Council.
-
The Palestinian side shall protect and safeguard all archaeological
sites, take all measures necessary to protect such sites and to prevent
damage to them and take all precautions when carrying out activities, including
maintenance and construction activities, which may affect such sites.
-
A Joint Committee of experts from both sides shall be established
by the CAC to deal with archaeological issues of common interest.
-
The Palestinian side shall respect academic freedom and rights
in this sphere.
-
Subject to academic considerations, and in accordance with
the law, when the Palestinian side grants excavation licenses to archaeologists,
researchers and academics, it shall do so without discrimination.
-
The Palestinian side shall ensure free access to archaeological
sites, open to the public without discrimination.
-
Both sides shall inform each other, through the Joint Committee,
of the discovery of new archaeological sites in the West Bank and the Gaza
Strip.
-
Each side undertakes upon itself to respect sites in the
West Bank and the Gaza Strip which are regarded as holy, or which hold
archaeological value. Each side shall have the right to raise issues relating
to those sites before the Joint Committee which will consider the issue
raised and reach an agreement upon such issue.
The sites listed in Schedule 1 are of archaeological
and historical importance to the Israeli side. The Israeli side may notify
the Palestinian side of other sites which shall be added to this list.
The
Palestinian side will take into consideration
that actions which may affect these sites shall be referred to the Joint
Committee for full cooperation.
-
In areas transferred to the territorial jurisdiction of the
Palestinian side, the Israeli side shall provide the Palestinian side with
all archaeological records, including, inter alia, a list of all excavated
sites and a detailed list and description of archaeological artifacts found
since 1967.
With due consideration to the Palestinian
demand that Israel shall return all archaeological artifacts found in the
West Bank and the Gaza Strip since 1967, this issue shall be dealt with
in the negotiations on the final status.
11. a. Both sides shall take all necessary
steps to prevent the theft of archaeological artifacts.
b. Both sides shall enforce the prohibitions
on illegal trading in archaeological artifacts and shall, in this context,
prevent any transfer of such artifacts to Israel or abroad.
c. In this regard, and with a view to safeguarding
their common interests, Israel and the Palestinian side shall cooperate,
exchange information and take necessary measures to combat the theft of,
and illegal trade and transport of archaeological artifacts, including
between areas under the territorial jurisdiction of the two sides, coordinating
such activity through the Joint Committee.
Powers and responsibilities in the sphere
of Assessments in the West Bank and the Gaza Strip will be transferred
from the military government and its Civil Administration to the Palestinian
side. This sphere includes, inter alia, the licensing of assessors.
Article 4 : Banking
and Monetary Issues
-
This sphere includes, inter alia, issues relating to foreign
currency services, regulation, licensing, supervision and inspection of
banking activities, and the regulation and supervision of capital activities,
and powers and responsibilities relating to monetary policies, all as formulated
in Annex V (Protocol on Economic Relations).
-
The Bank of Israel (BOI) shall furnish the Palestinian Monetary
Authority (PMA) with the relevant information and reports relating to the
activities of the banks operating in the West Bank prior to the transfer
of powers and responsibilities in this sphere.
-
The BOI and the PMA will continue to have ongoing discussions
and exchange of information on matters of mutual interest, including, in
particular, banking and monetary issues.
-
The BOI and PMA will cooperate in order to facilitate the
movement of "notes" between commercial banks and other financial institutions
and between them and the PMA in, within and between the West Bank and the
Gaza Strip.
Article 5: Civil Administration
Employees
-
The Palestinian side will continue to employ the Palestinian
employees of the Civil Administration who are currently employed, without
derogating from the powers and responsibilities of the Palestinian side
to deal with all employee related matters. The Palestinian side shall maintain
the rights, including penrights, of present and former employees.
-
In accordance with Article XX of the Agreement (Rights, Liabilities
and Obligations):
a. The Palestinian side shall assume the Civil Administration's
statutory and contractual obligations towards Palestinian employees and
pensioners, regarding their rights and the payment of their pensions, and
Israel will cease to bear any financial responsibility in this regard.
b. If Israel is sued with regard to the aforesaid rights,
the Palestinian side will reimburse Israel for the full amount awarded
by any court or tribunal. The Israeli side shall notify the Palestinian
side about any claim against it in this respect and shall enable the Palestinian
side to participate in defending the claim.
-
a. The Palestinian side will deduct from the salaries and
pensions paid in accordance with paragraph 1 above, those sums owing in
respect of loan repayments to Yahav Bank for Government Employees Ltd.,
and will transfer these to Yahav bank through the Israeli side.
b. The Israeli side will provide the Palestinian
side with a list detailing the monthly loan repayments to be deducted and
transferred in respect of each employee or pension receiver under subparagraph
3.a above.
Article 6: Commerce
and Industry
-
This sphere includes, inter alia, import and export, the
planning, formulation and implementation of policies, as well as the licensing
and supervision of all industrial and commercial activities, including
commodities, services, weights and measures and the regulation of commerce.
-
In authorizing the establishment and operation of industrial
plants, factories or concerns in the West Bank and the Gaza Strip, both
sides shall ensure that there is no detrimental impact on the environment,
and on the safety of the other side. Matters regarding the environment
are dealt with in Article 12 (Environmental Protection).
-
The production and use of weapons, ammunition or explosives
are dealt with in Article XIV of the Agreement and in Annex I.
-
The economic aspects of this sphere are dealt with in Annex
V (Protocol on Economic Relations).
Powers and responsibilities in the sphere
of Comptrol in the West Bank and the Gaza Strip will be transferred from
the military government and its Civil Administration to the Palestinian
side.
This sphere includes, inter alia, the institution
of controls and proper supervision over the activities of all offices of
the Palestinian side, and the licensing of auditors.
Article 8: Direct
Taxation
-
Powers and responsibilities in the sphere of Direct Taxation
in the West Bank and the Gaza Strip will be transferred from the Israeli
side to the Palestinian side. This sphere includes, inter alia, income
tax on individuals and corporations, property taxes, municipal taxes and
fees, in accordance with Article V of the Protocol on Economic Relations
as replaced by Appendix 1 of the Supplement to the Protocol (hereinafter
- "Article V").
-
a. In Area C, the powers and responsibilities regarding property
tax will be transferred gradually to Palestinian jurisdiction that will
cover West Bank and Gaza Strip territory except for the issues that will
be negotiated in the permanent status negotiations, during the further
redeployment phases, to be completed within 18 months from the date of
the inauguration of the Council. However, the property tax will be collected
by the Israeli side, in cooperation and coordination with the Palestinian
side, and the income will be transferred to the Council.
b. The powers and responsibilities of the
Israeli side for levying and collection of income tax and deduction at
source, with regard to Israelis (including corporations in which the majority
of shares which grant rights to distribution of profits are held by Israelis)
in respect of income accrued or derived in Area C outside the Settlements
and military locations, will be exercised according to the Palestinian
tax code and the tax collected will be remitted to the Palestinian side.
-
Tax enforcement in the West Bank and the Gaza Strip shall
be in accordance with applicable laws and in accordance with the provisions
of this Agreement.
-
The provisions of this Article and of Article V shall be
implemented on 1.1.96. The provisions set forth in paragraphs 5-8 of Article
V shall be in force until 31.12.96, and will continue for an additional
period upon the mutual agreement of the two tax authorities.
Article 9: Education
and Culture
Powers and responsibilities in the sphere
of Education and Culture in the West Bank and in the Gaza Strip will be
transferred from the military government and its Civil Administration to
the Palestinian side. This sphere includes, inter alia, responsibility
over schools, teachers, higher education, special education and private,
public, non- governmental and other cultural and educational activities,
institutions and programs and all movable and immovable education property.
Both sides have agreed to continue the negotiations
concerning the sphere of Electricity after the signing of this Agreement,
with a view to reaching an agreement within three months, based on the
following merged version, pending which the existing status quo in the
sphere of electricity in the West Bank and the Gaza Strip shall remain
unchanged. IEC personnel and equipment shall be guaranteed free, unrestricted
and secure access to the electricity grid.
(Merged Version)
-
The Israeli side shall transfer to the Palestinian side,
and the Palestinian side shall assume, all powers and responsibilities
in this sphere [I: in Areas A and B] [P: in the West Bank] that are presently
held by the military government and its Civil Administration, including
the power to set tariffs and issue licenses [P: , as well as all existing
property related to this sphere and the grid, as defined in paragraph 4].
In Area C, powers and responsibilities relating to this sphere will be
transferred gradually to Palestinian jurisdiction that will cover West
Bank and Gaza Strip territory, except for the issues that will be negotiated
in the permanent status negotiations, during the further redeployment phases,
to be completed within 18 months from the date of the inauguration of the
Council.]
-
The Palestinian Energy Authority (PEA) will have the authority
to issue licenses and to set rules, tariffs and regulations in order to
develop electricity systems [I: under the responsibility of the Palestinian
side] in the West Bank. In addition, the PEA shall have the right to construct
transmission lines, distribution lines, power stations and the [I: Palestinian
part of the] inter-regional electricity connection [I: scheme], in the
West Bank. [I: Such construction which is intended to be connected or related
to the IEC grid, or which is in Area C, shall be subject to prior Israeli
consent.]
-
Pending the establishment of an independent Palestinian electricity
supply system or of other supply sources, the Israel Electric Company (IEC)
shall continue to supply the electricity in order to meet existing and
future expected demand in the West Bank. All aspects of supply of electricity
to the Palestinian side by IEC shall be dealt with in a commercial agreement,
similar to commercial agreements and prices agreed upon for major bulk
Israeli consumers.
-
For the purpose of this Article the term "grid" shall include
lines, cables, transformers, substations, circuit-breakers, switches, protection
devices and metering equipment, of all different voltage levels. [P: The
grid in the West Bank shall be transferred to the Palestinian side] [I:
IEC will retain full responsibility for the operation, maintenance and
development of the IEC grid. For this purpose IEC personnel, vehicles and
equipment shall be entitled to free, unrestricted and secure access to
this grid.]
-
The Israeli side shall retain full responsibility for the
[I: supply of electricity to the Israeli settlements and the military locations
through the IEC grid.] [P: operation and maintenance of the electricity
supply systems within the Israeli settlements and the military locations.]
-
Subject to the terms of the commercial agreement referred
to in paragraph 3 above,which shall include, inter alia, provisions concerning
safety and technical standards, dedicated feeders and segments of lines
branching from feeders supplying Palestinian consumers, will be transferred
to the Palestinian side.] [P: The Israeli side shall transfer to the Palestinian
side all existing property related to this sphere and the grid, as defined
in paragraph 4, in the West Bank.]
-
The PEA will be authorized to implement, in the grid [I:
under the responsibility of the Palestinian side] [P: in the West Bank],
the outcome of the technical studies currently being undertaken concerning
the following:
a. The rehabilitation of existing distribution
systems.
b. Upgrading of protection systems.
c. Construction of control systems.
d. Implementation of transmission and distribution
schemes.
-
Both sides shall establish a Joint Electricity Subcommittee.
The functions of the committee shall be to deal with the issues of mutual
interest concerning electricity and to implement the provisions of this
Article including, inter alia: finalization of the commercial agreement,
cooperation in technical issues and arrangements concerning the transfer
of agreed systems.
[P: 9. In light of the proposal that was submitted
by President Arafat in the last round of negotiations which was later reassured
by Mr. Perez, Israeli Foreign Minister, both sides shall agree on an international
arbitration company to deal with the transfer of the electrical grid in
the West Bank.]
-
Powers and responsibilities of the Civil Administration in
the sphere of Employment in the West Bank and the Gaza Strip will be transferred
to the Palestinian side.
-
This sphere includes, inter alia, organizing and planning,
from the Palestinian side, the employment of the Palestinians who work
or intend to work in Israel and in the Settlements, as well as collecting
information and building a data base.
-
The Palestinian side will provide the Israeli side with details
of Palestinian workers seeking jobs in Israel and in the Settlements. When
Israel makes positive decisions, Israel will issue the necessary permits.
-
The Israeli side will continue to provide the assistance
currently granted to Palestinian workers who work in Israel or in the Settlements,
regarding their social rights according to the prevailing laws.
-
A joint committee will be established after the signature
of this Agreement to set the procedures and arrangements relating to this
sphere and their implementation, including the matters of employment injuries.
-
Israel will provide the Palestinian side with lists of all
Palestinian employees from whose wages Israel deducts health fees ("health
stamp") and lists of retired Palestinian employees receiving pensions paid
through the Payment Section of the Israeli Employment Service.
-
Israel will notify the Palestinian side of amendments made
in the laws and regulations that relate to Palestinians employed in Israel
or in the Settlements.
-
Issues relating to the placement and rights of the Palestinians
employed in Israel are dealt with in Article VII of Annex V (Protocol on
Economic Relations).
Article 12: Environmental
Protection
A. Transfer of Authority
The Palestinian side and Israel, recognizing
the need to protect the environment and to utilize natural resources on
a sustainable basis, agreed upon the following:
-
This sphere includes, inter alia, licensing for crafts and
industry, and environmental aspects of the following: sewage, solid waste,
water, pest control (including anti-malaria activities), pesticides and
hazardous substances, planning and zoning, noise control, air pollution,
public health, mining and quarrying, landscape preservation and food production.
-
The Israeli side shall transfer to the Palestinian side,
and the Palestinian side shall assume, powers and responsibilities in this
sphere, in the West Bank and the Gaza Strip that are presently held by
the Israeli side, including powers and responsibilities in Area C which
are not related to territory.
In Area C, powers and responsibilities in
this sphere related to territory (which only include environmental aspects
of sewage, solid waste, pesticides and hazardous substances, planning and
zoning, air pollution, mining and quarrying, and landscape preservation)
will be transferred
gradually to Palestinian jurisdiction that
will cover West Bank and Gaza Strip territory except for the issues that
will be negotiated in the permanent status negotiations, during the further
redeployment phases, to be completed within 18 months from the date of
the inauguration of the Council.
B. Cooperation and Understandings
-
Both sides will strive to utilize and exploit the natural
resources, pursuant to their own environmental and developmental policies,
in a manner which shall prevent damage to the environment, and shall take
all necessary measures to ensure that activities in their respective areas
do not cause damage to the environment of the other side.
-
Each side shall act for the protection of the environment
and the prevention of environmental risks, hazards and nuisances including
all kinds of soil, water and air pollution.
-
Both sides shall respectively adopt, apply and ensure compliance
with internationally recognized standards concerning the following: levels
of pollutants discharged through emissions and effluents; acceptable levels
of treatment of solid and liquid wastes, and agreed ways and means for
disposal of such wastes; the use, handling and transportation (in accordance
with the provisions of Article 38 (Transportation)) and storage of hazardous
substances and wastes (including pesticides, insecticides and herbicides);
and standards for the prevention and abatement of noise, odor, pests and
other nuisances, which may affect the other side.
-
Each side shall take the necessary and appropriate measures
to prevent the uncontrolled discharge of wastewater and/or effluents to
water sources, water systems and water bodies, including groundwater, surface
water and rivers, which may affect the other side, and to promote the proper
treatment of domestic and industrial wastewater, as well as solid and hazardous
wastes.
-
Both sides shall ensure that a comprehensive Environmental
Impact Assessment (EIA) shall be conducted for major development programs,
including those related to industrial parks and other programs detailed
in Schedule 2.
-
Both sides recognize the importance of establishing new industrial
plants in their respective areas within planned and approved industrial
zones, subject to the preparation of comprehensive EIAs, and shall endeavor
to ensure compliance with the above.
-
Both sides recognize the importance of taking all necessary
precautions to prevent water and soil pollution, as well as other safety
hazards in their respective areas, as a result of the storage and use of
gas and petroleum products, and shall endeavor to ensure compliance with
the above.
-
Pending the establishment of appropriate alternative sites
by the Palestinian side, disposal of chemical and radioactive wastes will
be only to the authorized sites in Israel, in compliance with existing
procedures in these sites. The construction, operation and maintenance
of the alternative facilities will follow internationally accepted guidelines,
and will be implemented pursuant to the preparation of EIAs.
-
Both sides shall cooperate in implementing the ways and means
required to prevent noise, dust and other nuisances from quarries, which
may affect the other side. To this end the Palestinian side shall take
all necessary and appropriate measures, in accordance with the provisions
of this Agreement, against any quarry that does not meet the relevant environmental
standards.
-
Both sides recognize the importance of taking all necessary
and appropriate measures in their respective areas for the monitoring and
control of insect- transmitted diseases including sand flies, anopheles
and all other mosquito species, and shall endeavor to ensure compliance
with the above.
-
Both sides shall cooperate in implementing internationally
accepted principles and standards relating to environmental issues of global
concern, such as the protection of theozone layer.
-
Israel and the Palestinian side shall cooperate in implementing
principles and standards, which shall conform with internationally accepted
principles and standards, concerning the protection of endangered species
and of wild fauna and flora, including restriction of trade, conservation
of migratory species of wildlife and preservation of existing forests and
nature reserves.
-
Israel and the Palestinian side shall respectively operate
an emergency warning system in order to respond to events or accidents
which may generate environmental pollution, damage or hazards. A mechanism
for mutual notification and coordination in cases of such events or accidents
will be established.
-
Recognizing the unsatisfactory situation of the environment
in the West Bank, and further recognizing the mutual interest in improving
this situation, Israel shall actively assist the Palestinian side, on an
ongoing basis, in attaining this goal.
-
Each side shall promote public awareness on environmental
issues.
-
Both sides shall work on appropriate measures to combat desertification.
-
Each side shall control and monitor the transfer of pesticides
and any internationally banned and restricted chemicals in their respective
areas.
-
Each side shall reimburse the other for environmental services
granted in the framework of mutually agreed programs.
-
Both sides shall cooperate in the carrying out of environmental
studies, including a profile, in the West Bank.
-
For the mutual benefit of both sides, the relevant Israeli
authorities and the Palestinian Environmental Protection Authority and/or
other relevant Palestinian authorities shall cooperate in different fields
in the future. Both sides will establish an Environmental Experts Committee
for environmental cooperation and understandings.
-
This sphere includes, inter alia, licensing of fishermen,
marine agriculture and vessels, permits, in the Gaza Strip.
-
Security restrictions are dealt with in Article XIV (Security
along the Coastline to the Sea of Gaza) of Annex I.
-
Powers and responsibilities in the sphere of Forests in the
West Bank and the Gaza Strip shall be transferred from the military government
and its Civil Administration to the Palestinian side. This sphere includes,
inter alia, the establishment, administration, supervision, protection,
and preservation of all forests (planted and unplanted).
-
In Area C, powers and responsibilities related to the sphere
of Forests will be transferred gradually to Palestinian jurisdiction that
will cover West Bank and Gaza Strip territory except for the issues that
will be negotiated in the permanent status negotiations, during the further
redeployment phases, to be completed within 18 months from the date of
the inauguration of the Council.
-
The Palestinian side shall safeguard, protect and preserve
all forests in the West Bank and the Gaza Strip. The Palestinian side shall
take all necessary measures to ensure the protection and prevention of
damage to said forests.
-
The Palestinian side shall have the right to plant new forests
for, inter alia, protection of soil from erosion and desertification, and
landscaping purposes, bearing in mind safety and security considerations
concerning main roads and infrastructure.
-
Both sides shall cooperate in matters regarding the protection
and preservation of forests, including fire extinguishing and pest control,
and shall exchange information on issues relating to pests, diseases and
scientific research.
-
The Israeli side shall coordinate with the Palestinian side
activities in Area C, outside Settlements and military locations, which
may change the existing status of this sphere.
Article 15: Gas, Fuel
and Petroleum
-
a. This sphere includes, inter alia, the planning, formulation
and implementation of policies, as well as the licensing and supervision
of gas, fuel and petroleum facilities. For the purposes of this paragraph,
"gas, fuel and petroleum facilities" shall include, inter alia, all gas
and petrol stations, installations, terminals and infrastructure, as well
as agencies for the marketing, distribution, transportation, storage, sale
or supply of gas, fuel or petroleum products. This sphere also includes
the licensing and supervision of the import, export, and transportation
in addition to the exploration, production and distribution of gas, fuel
and petroleum.
b. In Area C, powers and responsibilities regarding exploration
and production of oil and gas shall be transferred gradually to Palestinian
jurisdiction that will cover West Bank and Gaza Strip territory except
for the issues that will be negotiated in the permanent status negotiations,
during the further redeployment phases, to be completed within 18 months
from the date of the inauguration of the Council.
-
In authorizing the establishment and operation of gas, fuel
and petroleum facilities as defined in paragraph 1, the Palestinian side
shall ensure that there is no detrimental impact on the environment or
on the safety of Israel, the Settlements and military installations and
that a safety distance from Israel, the Settlements and military installations
is observed. Accordingly, the Palestinian side shall apply the American,
British and/or Israeli safety and environmental standards.
-
The color of all gas cylinders in use by Palestinians in
the West Bank and the Gaza Strip shall be different than that in use in
Israel and by Israelis.
-
a. The Palestinian side will notify the Israeli side of any
exploration and production of oil and gas carried out by the Palestinian
side or with its permission.
b. Israel and the Palestinian side agree to
cooperate concerning production of oil and gas in cases of joint geological
structures.
-
a. All transportation of gas or fuel products, in Israel
and in the West Bank and the Gaza Strip, shall be in accordance with the
respective laws applying which, in any event, shall not fall short of the
international requirements and standards concerning safety and environmental
protection as applied by Israel. The transportation of gas and fuel products
into Israel, the Settlements and military installations shall further be
subject to the requirements and modalities regarding entry into Israel.
b. In order to facilitate the movement of transportation
of gas or fuel products in the West Bank and the Gaza Strip -
-
The Palestinian side will issue permits to Palestinian owners,
drivers and escorts of vehicles transporting gas or fuel products. The
issue of such permits shall be governed by the criteria regarding recruitment
to the Palestinian police according to this Agreement. The issue of such
permits is not contingent upon the approval of the Israeli side. The Palestinian
side shall notify the Israeli side of the permits issued by it.
-
The Palestinian side shall ensure that vehicles transporting
gas or fuel products, as well as their parking lots, shall be guarded against
any theft or unauthorized use. The Palestinian side shall inform the Israeli
side, at the earliest opportunity, of any suspected theft or unauthorized
use of such vehicles.
-
The Israeli side shall cooperate with the Palestinian side
with regard to the establishment by the Palestinian side of 3-4 storage
facilities for gas and petroleum, including in facilitating, inter alia,
location, land and technical assistance in order to secure the purchasing
needs of the Palestinians from the Israeli market.
-
Matters regarding the environment and transportation are
dealt with in Article 12 (Environmental Protection) and Article 38 (Transportation),
respectively.
Article 16 : Government
and Absentee Land and Immovables
-
Powers and responsibilities of the Custodian of Government
and Absentee Property (hereinafter "the Custodian") in the West Bank and
the Gaza Strip with regard to Government and Absentee Land and immovables,
shall be transferred from the military government and its Civil Administration
to the Palestinian side.
-
In Area C, powers and responsibilities relating to this sphere
will be transferred gradually to Palestinian jurisdiction that will cover
West Bank and Gaza Strip territory, except for the issues that will be
negotiated inthe permanent status negotiations, during the further redeployment
phases, to be completed within 18 months from the date of the inauguration
of the Council.
-
The Palestinian side shall respect the legal rights of Israelis
(including corporations owned by Israelis) related to Government and Absentee
land located in the areas under the territorial jurisdiction of the Council.
-
a. The Palestinian courts shall be empowered to deal with
disputes regarding rights relating to land.
b.Notwithstanding the above, when an Israeli
or a Palestinian considers that his or her rights may be affected by any
enforcement, confirmation or registration proceedings, he or she may request,
within 30 days from the receipt of the information by the CAC in accordance
with subparagraph c. below, that the issue be brought before a Professional
Joint Committee established by the two sides (hereinafter - "the Joint
Committee"), prior to the carrying out of such proceedings. The Joint Committee
shall convene within 14 days from the submission of the objection to deal
with all the relevant aspects pertaining to the issue and decide whether
to approve the carrying out of the proceedings regarding which the objection
has been submitted.
Pending an approval by the Joint Committee,
no enforcement, confirmation or registration, regarding which the objection
has been put forward, may be carried out or registered in the Land Registry
or in any other relevant registry.
c. For the purpose of this paragraph, the
Palestinian side shall, at the earliest opportunity, provide the CAC with
the information regarding any judgment or any request for enforcement,
confirmation or registration (including First Registration of land), which
may affect the rights of Israelis.
-
Powers and responsibilities in the sphere of Health in the
West Bank and the Gaza Strip will be transferred to the Palestinian side,
including the health insurance system.
-
The Palestinian side shall continue to apply the present
standards of vaccination of Palestinians and shall improve them according
to internationally accepted standards in the field, taking into account
WHO recommendations. In this regard, the Palestinian side shall continue
the vaccination of the population with the vaccines listed in Schedule
3.
-
The Palestinian side shall inform Israel of any Israeli hospitalized
in a Palestinian medical institution upon his or her admission. Arrangements
for moving such hospitalized Israelis shall be agreed upon in the joint
committee.
-
The Palestinian side, on the one hand, and the Israeli Ministry
of Health or other Israeli health institutions, on the other, shall agree
on arrangements regarding treatment and hospitalization of Palestinians
in Israeli hospitals.
-
The Israeli authorities shall endeavor to facilitate the
passage of Palestinian ambulances within and between the West Bank and
the Gaza Strip and Israel, subject to the provisions of Annex I.
-
Israel and the Palestinian side shall exchange information
regarding epidemics and contagious diseases, shall cooperate in combating
them and shall develop methods for exchange of medical files and documents.
-
The health systems of Israel and of the Palestinian side
will maintain good working relations in all matters, including mutual assistance
in providing first aid in cases of emergency, medical instruction, professional
training and exchange of information.
a.The Palestinian side shall act as guarantor for all
payments for Palestinian patients admitted to Israeli medical institutions,
on condition that they receive prior approval from the Palestinian health
authorities.
b. Notwithstanding the above, in all cases of the emergency
hospitalization in Israel of a sick or injured Palestinian not arranged
in advance via the Ministry of Health of the Council, the Israeli hospital
shall report to the Palestinian side directly and immediately, and in any
case not more than 48 hours after the admission, the fact of the admission
and the person's condition and diagnosis. The report shall be made by telephone
and fax and the Israel Ministry of Health shall be informed at the same
time. Within 24 hours of the receipt of the said report, the Palestinian
side must either give an undertaking to cover all the costs of the hospitalization
or remove the patient, by its own means, to a Palestinian hospital. Should
the Palestinian side have done neither of these in the given time, the
Israeli hospital shall remove the patient in an Israeli vehicle and charge
all costs to the Palestinian side at the accepted Israeli rate. In all
cases, the Palestinian side shall cover all hospitalization costs from
admission to discharge to the territory of the Palestinian side. Should
the Israeli hospital not report as required to the Palestinian side, the
hospital itself shall bear all costs.
-
A committee established through the CAC shall facilitate
coordination and cooperation on health and medical issues between the Palestinian
side and Israel.
-
Imports of pharmaceutical products to the West Bank and the
Gaza Strip shall be in accordance with general arrangements concerning
imports and donations, as dealt with in Annex V (Protocol on Economic Relations).
Article 18: Indirect
Taxation
-
This sphere includes, inter alia, VAT, purchase taxes on
local production and import taxes, as well as any other indirect taxes,
as formulated in Annex V (the Protocol on Economic Relations).
-
In order to foster regional trade between the Palestinian
territories and external markets, various storage facilities can be established
at the entry points at the Rafah and Allenby Bridge terminals, for temporary
storage purposes (by Palestinian companies and the Palestinian Customs
Department) before the customs clearance of goods. The specific locations
and arrangements for the above will be agreed upon by the Joint Economic
Committee. The administration of these storage facilities will be according
to the provisions relating to freight shipments detailed in Article III
of Annex V (the Protocol on Economic Relations). Detailed arrangements
and procedures will be agreed upon between the two sides.
-
If there will be additional entry points in which paragraph
14.a of Article III of Annex V will be implemented, additional storage
facilities as those detailed in paragraph 2 above can be established there
too.
-
While ongoing permanent Israeli businesses situated in Area
C outside the Settlements and military locations will be registered for
VAT purposes with the Israeli side, the rules of Palestinian VAT legislation
will apply to these businesses and the Israeli side will transfer to the
Palestinian side the net VAT collected from these businesses after deduction
of their refunds. The above will be coordinated with the Palestinian side.
For this purpose, an Israeli includes a corporation
in which the majority of shares which grant rights to distribution of profits
are held by Israelis.
-
Tax enforcement in the West Bank and the Gaza Strip shall
be in accordance with applicable laws and in accordance with this Agreement.
-
This sphere includes, inter alia, the licensing of insurers
and insurance agents, and the supervision of their activities, including
supervision of insurers' deposits and funds and the road safety fund.
-
Arrangements regarding the compulsory insurance of motor
vehicles and the compensation of road accident victims are dealt with in
Article XI (Insurance Issues) of Annex V (Protocol on Economic Relations)
(hereinafter: Article XI).
-
a. The Existing Fund, as defined in Article XI, shall be
transferred to the Palestinian side. This transfer will include all the
Existing Fund's assets and liabilities.
b. The Palestinian side shall be responsible
for all liabilities of the Existing Fund whether arising from accidents
occurring prior or subsequent to the date of transfer.
c. Accordingly, Israel will cease to bear
any financial responsibility in this respect. If Israel is sued with regard
to the aforesaid liabilities, the Palestinian side will reimburse Israel
for the full amount awarded by any court or tribunal. The Israeli side
shall notify the Palestinian side about any claim againit in this respect
and shall enable the Palestinian side to participate in defending the claim.
-
With a view to assisting the Palestinian side to deal with
claims against the Existing Fund, the following provisions shall apply:
a. A joint experts committee shall be established to
examine claims against the Existing Fund (hereinafter "the Joint Committee").
b. Without prejudice to paragraph 3.c above, the Joint
Committee shall examine and estimate whether the assets of the Existing
Fund are sufficient to meet its liabilities as they stand on the day of
the transfer (in the Gaza Strip and Jericho Area - the 4th of May 1994;
in the West Bank - the 10th of September 1995). In the event that the Joint
Committee concludes that the Existing Fund's assets are not sufficient
to meet its liabilities, the Israeli side shall cover the agreed deficit,
including claims incurred but not reported (IBNR).
If the Joint Committee is unable to agree
on the above amount, the matter shall be referred to the JEC (Joint Economic
Committee).
c. The Joint Committee shall submit recommendations to
the Palestinian side concerning administrative or legal changes with a
view to expediting settlement of the claims.
d. The Joint Committee shall conclude its work within
three months. The two sides may agree on a one time extension for another
three months.
4. The necessary assistance with regard to
the Existing Fund, and advice and consultation when requested.
5. All claims, including pending claims, against
the Existing Fund should not be brought before or heard by any Israeli
court or tribunal and should only be brought before the Palestinian Courts.
To this end, the two sides may take all necessary measures, including,
if possible, the enactment of legislation.
Article 20: Interior
Affairs
-
Powers and responsibilities in the sphere of Interior Affairs
in the West Bank and the Gaza Strip will be transferred from the military
government and its Civil Administration to the Palestinian side. This sphere
includes, inter alia, licensing of newspapers and publications and censorship
of films and plays.
-
Municipal affairs are dealt with in Article 24 (Local Government).
-
The sphere of Labor includes, inter alia, rights of workers,
labor relations, labor conciliation, safety and hygiene in work places,
labor accidents and compensation, vocational and professional training
courses, cooperative associations, professional work associations and trade
unions, heavy machinery equipment.
-
The two sides shall establish agreed procedures for mutual
recognition of professional certificates and diplomas.
-
The Palestinian side shall ensure the completion of vocational
and professional training courses currently being conducted by the Civil
Administration. In this regard, the Civil Administration shall transfer
to the Palestinian side a proportionate amount of fees received on account
of such courses, relating to the period following the date of transfer.
-
The Palestinian side shall continue to hold vocational training
courses, at least to the same extent as has been undertaken by the Civil
Administration, inter alia, in the following professions: heavy-vehicle
and public transport drivers, garage managers, vehicle technicians, vehicle
testers, driving teachers and driving school managers.
-
Cooperative Associations, Professional Work Associations
and Trade Unions should act in a manner that does not violate the Cooperative
Associations laws, the Professional Work Associations laws and the Trade
Unions laws.
-
The Palestinian side shall inform the Israeli side of any
work related accident resulting in the injury of an Israeli. The Israeli
side may conduct an investigation of such an accident in coordination with
the
-
Palestinian side.
-
All matters regarding the production and use of explosives
and gunpowder shall be dealt with in Article XIV of this Agreement and
Annex I.
Article 22: Land Registration
-
Powers and responsibilities in the sphere of Land Registration
in the West Bank and the Gaza Strip will be transferred from the military
government and its Civil Administration to the Palestinian side. This sphere
includes, inter alia, registration in the Land Registry of real estate
transactions, First Registrations of land, registration of courts, decisions,
registration of parcelations pursuant to the Towns, Villages and Buildings
Planning Law, No. 79, of 1966, and the administration of Land Registry
offices and processes.
-
In Area C, powers and responsibilities relating to this sphere
will be transferred gradually to Palestinian jurisdiction that will cover
West Bank and Gaza Strip territory, except for the issues that will be
negotiated in the permanent status negotiations, during the further redeployment
phases, to be completed within 18 months from the date of the inauguration
of the Council.
-
The Palestinian side shall respect the legal rights of Israelis
(including corporations owned by Israelis) related to lands located in
the areas under the territorial jurisdiction of the Council.
-
a. The Palestinian courts shall be empowered to deal with
disputes regarding ownership of or rights relating to land.
b. Notwithstanding the above, when an Israeli
or a Palestinian considers that his or her rights may be affected by any
enforcement, confirmation or registration proceedings, he or she may request,
within 30 days from the receipt of the information by the CAC in accordance
with subparagraph c. below, that the issue be brought before a Professional
Joint Committee established by the two sides (hereinafter -"the Joint Committee"),
prior to the carrying out of such proceedings. The Joint Committee shall
convene within 14 days from the submission of the objection to deal with
all the relevant aspects pertaining to the issue and decide whether to
approve the carrying out of the proceedings regarding which the objection
has been submitted.
Pending an approval by the Joint Committee,
no enforcement, confirmation or registration, regarding which the objection
has been put forward, may be carried out or registered in the Land Registry
or in any other relevant registry.
c. For the purpose of this paragraph, the
Palestinian side shall, at the earliest opportunity, provide the CAC with
the information regarding any judgment or any request for enforcement,
confirmation or registration (including First Registration of land), which
may affect the rights of Israelis.
Go to Annex III - Part 2
|
|