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Basic Treaty Text
ANNEX III - Protocol Concerning
Civil Affairs
Including the following relevant articles:
Article 12 - Environmental Protection
Article 13 - Fisheries
Article 14 - Forests
Article 15 - Gas, Fuel and Petroleum
Article 25 - Nature Reserves
Article 26 - Parks
Article 27 - Planning and Zoning
Article 40 - Water and Sewage
- ARTICLE
I - Liaison and Coordination in Civil Affairs
- ARTICLE
II - Transfer of Civil Powers and Responsibilities
- ARTICLE
III - Modalities of Transfer
- ARTICLE
IV - Special Provisions concerning Area C
- APPENDIX
1 - Powers and Responsibilities for 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:
(1) Civil affairs,
including issues concerning the transfer of civil powers and responsibilities
from the Israeli military government and its Civil Administration to the Council.
(2) 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.
(3) 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.
(4) The relations
between the two sides in civil matters, in issues such as granting of permits.
(5) Matters dealt
with by the various professional subcommittees established in accordance with
this Annex, which require further discussion or overall coordination.
(6) 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
l.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.
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 I.
l. 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.
2. 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.
3. Preparations
for the implementation of this Annex shall commence immediately upon the signing
of this Agreement.
4. 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.
5. In accordance
with the stages of transfer of powers and responsibilities, Israel will transfer
from the possession of the Israeli military government and 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.
6. Arrangements
regarding the transfer of funds, assets, and contracts, are set out in Article
39 of Appendix 1 (Treasury).
1. 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.
2. 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.
3. In accordance
with the DOP, in Area C, the Council will have functional 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.
4. 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.
5. 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.
6. 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.
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:
1. 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.
2. Irrigation water,
as well as facilities, water resources, installations and networks used in agriculture
are dealt with in Article 40 (Water and Sewage).
3. 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).
4. 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.
5. Forestry is
part of the Agriculture sphere and is dealt with in Article
14 (Forests).
1. 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.
2. 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
3. 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.
4. A Joint Committee
of experts from both sides shall be established by the CAC to deal with archaeological
issues of common interest.
5. The Palestinian
side shall respect academic freedom and rights in this sphere.
6. 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.
7. The Palestinian
side shall ensure free access to archaeological sites, open to the public without
discrimination.
8. 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.
9. 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 l 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.
10. 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.
1. 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).
2. 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.
3. 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.
4. 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.
1. 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 pension rights, of present and former
employees.
2. 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.
3. 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.
1. 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.
2. 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).
3. The production
and use of weapons, ammunition or explosives are dealt with in Article
XIV of the Agreement and in Annex I.
4. 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.
1. 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 I of the Supplement
to the Protocol (hereinafter "Article V").
2. 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.
3. 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.
4. 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.
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)
1. 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]. [I: 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.]
2. 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.]
3. 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.
4. 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.]
5. 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.]
6. [I: 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.]
7. 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.
8. 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. Peres, 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.]
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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).
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:
1. 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.
2. 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
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Both sides
shall cooperate in implementing internationally accepted principles and standards
relating to environmental issues of global concern, such as the protection of
the ozone layer.
14. 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.
15. 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.
16. 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.
17. Each side shall
promote public awareness on environmental issues.
18. Both sides
shall work on appropriate measures to combat desertification.
19. Each side shall
control and monitor the transfer of pesticides and any internationally banned
and restricted chemicals in their respective areas.
20. Each side shall
reimburse the other for environmental services granted in the framework of mutually
agreed programs.
21. Both sides
shall cooperate in the carrying out of environmental studies, including a profile,
in the West Bank.
22. 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.
1. This sphere
includes, inter alia, licensing of fishermen, marine agriculture and vessels'
permits, in the Gaza Strip.
2. Security restrictions
are dealt with in Article XIV (Security
along the Coastline to the Sea of Gaza) of Annex I.
1. 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).
2. 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 l8 months from
the date of the inauguration of the Council.
3. 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.
4. 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.
5. 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.
6. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 -
(1) 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.
(2) 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.
6. 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.
7. Matters regarding
the environment and transportation are dealt with in Article
12 (Environmental Protection) and Article 38 (Transportation),
respectively.
1. 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.
2. 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.
3. 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.
4. 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.
1. 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.
2. 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.
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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. A committee
established through the CAC shall facilitate coordination and cooperation on
health and medical issues between the Palestinian side and Israel.
10. 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).
1. 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).
2. 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.
3. 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.
4. 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.
5. Tax enforcement
in the West Bank and the Gaza Strip shall be in accordance with applicable laws
and in accordance with this Agreement.
1. 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.
2. 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).
3. 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 against it in this respect
and shall enable the Palestinian side to participate in defending the claim.
4. 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.
5. Additionally,
the Israeli side will provide to the Palestinian side all the necessary assistance
with regard to the Existing Fund, and advice and consultation when requested.
6. 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.
1. 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.
2. Municipal affairs
are dealt with in Article 24 (Local Government).
1. 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.
2. The two sides
shall establish agreed procedures for mutual recognition of professional certificates
and diplomas.
3. 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.
4. 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.
5. 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.
6. 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.
7. All matters
regarding the production and use of explosives and gunpowder shall be dealt
with in Article XIV of this Agreement and Annex I.
1. 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.
2. 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.
3. 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.
4. 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 l4 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.
l. Powers and responsibilities
in the sphere of legal administration shall be transferred from the military
government and its Civil Administration to the Palestinian Side.
2. This sphere
includes, inter alia:
a. administration,
planning and management of the Palestinian Judicial system and its different
organs;
b. appointment
of judges;
c. licensing and
supervision of lawyers;
d. licensing and
supervision of public notaries, and
e. registration
of companies and intellectual property rights, including, but not limited to,
patents and trademarks.
3. Registration
of Companies:
a. The Israeli
side shall transfer to the Palestinian side the Register of Companies in the
West Bank.
b. Each side shall
allow persons or legal entities of the other side to register companies in its
register. c. Each side shall ensure that its Register of Companies is open to
the public for information.
d. Each side will
provide the other side, upon request, and on a case-by-case basis, with updated
information regarding the registration of companies, share ownership, charges
and other relevant information held by their respective registrars of companies.
The two sides shall
agree on arrangements for the exchange of updated information regarding the
registration of companies.
4. Intellectual
Property Rights:
a. Intellectual
property rights include, inter alia, patents, industrial designs, trademarks,
copyright and related rights, geographical indications and undisclosed information.
b. (1) Each side
shall use its best efforts to adopt in its legislation standards of protection
of intellectual property compatible with those in the GATT Agreement on Trade
Related Aspects of Intellectual Property (hereinafter "GATT-TRIPS").
(2) Each side will
strive to establish an adequate system for the examination of applications for
registration of intellectual property rights compatible with those in GATT-TRIPS.
c. Each side will
recognize the copyright and related rights in original "literary and artistic
works", including in particular, musical works, computer programs and audio
and visual recordings, legally originating in the areas under the jurisdiction
of the other side.
d. Each side will
recognize the undisclosed information rights originating in the areas under
the jurisdiction of the other side.
e. (1) In view
of the free movement of industrial goods between Israel on the one hand and
the West Bank and Gaza Strip on the other, each side when processing applications
submitted by any resident or legal entity of the other side for the registration
of patents, industrial designs, trade marks and geographic indications (hereinafter
"Registered Rights"), shall expedite the examination process including publication
for objections, for Registered Rights existing and in force in both areas, on
the date of the transfer of powers and responsibilities in the sphere of legal
administration.
(2) In the event
of a dispute between the registration of Registered Rights in Israel and their
registration in the West Bank and Gaza Strip the registration of each side will
apply in the areas under its jurisdiction.
f. In the interest
of promoting investment in the region, and in order to facilitate the protection
by registration of intellectual property rights, the Palestinian side will,
when processing applications for registration, take account of the fact that
a particular right has been examined elsewhere.
g. Without prejudice
to the provisions contained in Annex IV (Protocol
concerning Legal Affairs), each side will extend its administrative and judicial
protection to intellectual property right-holders of the other side. The purpose
of this protection is to permit effective action against any act of infringement
of intellectual property rights under this Agreement, including expeditious
remedies to prevent infringements, and remedies which constitute a deterrent
to future infringements.
h. The two sides
will provide each other on a case-by-case basis with information regarding the
registration of Registered Rights held by their respective Registrars of intellectual
property rights.
i. Both sides shall
ensure that their Registers are open to the public.
5. Legal issues
regarding criminal and civil jurisdiction of the Palestinian courts are dealt
with in Annex IV (Protocol concerning Legal Matters).
l. This sphere
includes, inter alia, formulation and implementation of Local Government policies,
appointment of Local Government officials, approval of Local Government budgets,
tenders, acquisitions, fees and tariffs, alteration of Local Government boundaries,
creation and dissolution of Local Government, Local Government election processes,
Local Government inspections and the creation of joint service councils, city
councils, in their capacity as local planning committees, and the operation
and maintenance of the municipal water and electricity distribution systems
and pricing of these services.
The term "Local
Government" in this Article includes municipal councils, village councils and
all other communities which lack municipal status.
2. The Palestinian
side has the right to make any and all alterations to the Local Government boundaries
in the West Bank, within areas A and B as defined in this Agreement.
3. Issues relating
to the provision of Local Government services to Settlements and to installations
serving the Israeli military forces, are dealt with in the relevant Articles
of this Appendix.
4. The Palestinian
side shall give notice to the Israeli side of any Local Government elections.
With a view to avoiding friction in the context of such elections, special security
arrangements will be agreed in the security liaison mechanism.
5. In addition
to the existing powers and responsibilities of a city council, in its capacity
as local planning committee, it shall also be authorized to issue building permits
for various purposes, including factories, hospitals and schools, in accordance
and subject to existing detailed planning schemes in force.
6. Municipal authorities
shall continue to supply water and electricity from existing systems in accordance
with existing quantities and practices.
7. Matters regarding
planning and zoning, water and electricity are dealt with in Article
27 (Planning and Zoning), Article 40 (Water and Sewage)
and Article 10 (Electricity), respectively.
1. Powers and responsibilities
in the sphere of Nature Reserves in the West Bank and the Gaza Strip will be
transferred from the military government and its Civil Administration to the
Palestinian side and shall be assumed by it, including, inter alia, the establishment,
declaration, administration, supervision, protection and preservation of Nature
Reserves and of animal species, natural assets and plants.
2. In Area C, powers
and responsibilities related to the sphere of Nature Reserves 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.
3. The Palestinian
side shall safeguard and preserve the Nature Reserves in accordance with established
scientific standards.
4. The two sides
shall agree on methods of cooperation regarding the protection and preservation
of Nature Reserves, through a Joint Committee of Experts from the two sides.
This cooperation shall include exchange of information and data regarding issues
such as animal and plant diseases, pests, and scientific research.
5. The two sides
shall each take appropriate measures in order to protect Nature Reserves, Protected
Natural Assets and species of animals, plants and flowers of special breeds,
as well as to implement rules of behavior in Nature Reserves.
6. Each side shall
enforce, within the areas under its responsibility, the regulations pertaining
to hunting, and in particular the prohibition on hunting of protected and endangered
species.
7. 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.
1. Powers and responsibilities
in the sphere of Parks in the West Bank and the Gaza Strip will be transferred
from the military government and its Civil Administration to the Palestinian
side including, inter alia, the establishment, administration, supervision,
protection, and development of Parks.
2. 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.
3. Each side, within
the area under its responsibility, shall implement rules of behavior in Parks,
and shall take necessary measures to avoid detrimental impacts on the scenery,
and natural and cultural attractions.
4. The two sides
shall make arrangements, including in matters relating to finance, for the mutual
recognition of multi-site tickets issued by either side.
5. The above is
without prejudice to the provisions of Article 32 (Religious
Sites) and Article 2 (Archaeology).
6. 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.
1. Powers and responsibilities
in the sphere of Planning and Zoning in the West Bank and the Gaza Strip shall
be transferred from the military government and its Civil Administration to
the Palestinian side. This includes initiating, preparing, amending and abrogating
Planning Schemes, and other legislation pertaining to issues regulated by Planning
Schemes (hereinafter: "Planning Schemes") issuing building permits and supervising
and monitoring building activities.
2. In Area C, powers
and responsibilities related to the sphere of Planning and Zoning 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.
3. a. The Palestinian
side shall ensure that no construction close to the Settlements and military
locations will harm, damage or adversely affect them or the infrastructure serving
them.
b. Accordingly,
when the Palestinian side considers that a proposed Planning Scheme pertains
to construction which may fall within subparagraph a. above (in particular:
waste disposal sites; electric power stations and projects regarding sewage,
hazardous materials or which may have a polluting impact), it shall provide
the CAC with a copy of such a Planning Scheme prior to its entry into force.
A sub-committee
established by the CAC shall, upon request by the Israeli side, discuss such
Planning Scheme. Pending the decision of the committee, planning procedures
shall not be concluded and no building activity shall be carried out pursuant
to the said Planning Scheme.
1. Powers and responsibilities
in the sphere of population registry and documentation in the West Bank and
the Gaza Strip will be transferred from the military government and its Civil
Administration to the Palestinian side.
2. The Palestinian
side shall maintain and administer a population registry and issue certificates
and documents of all types, in accordance with and subject to the provisions
of this Agreement. To this end, the Palestinian side shall receive from Israel
the population registry for the residents of the West Bank and the Gaza Strip
in addition to files and records concerning them, as follows:
- Notices of births.
- Old handwritten
records of births and deaths and the indexes from 1918 till 1981.
- Photographs file
with all its equipment.
- All computer
devices and equipment with all accessories (screens, printers and communications
equipment).
3. A Joint Committee
will be established to solve the reissuance of identity cards to those residents
who have lost their identity cards.
4. The existing
identity card of the present residents, as well as of new residents, shall be
substituted by a new identity card with a new I.D. number. Such substituted
identity cards shall be issued by the Palestinian side and shall bear its symbols.
New identification numbers may be issued by the Palestinian side a year after
the signing of this Agreement. The new identification numbers and the numbering
system will be transferred to the Israeli side. All titles and values in such
identity cards will be in Arabic and Hebrew, and the number of such identity
cards will be in Arabic numerals (i.e. 0-9).
5. Possession of
the aforementioned identity card, whether it was issued by the military government
and its Civil Administration or substituted or issued by the Palestinian side,
and any other necessary documents, notification of which will be given to the
Palestinian side through the
CAC, shall be required
for entry into Israel by residents.
6. Safe passage
between the Gaza Strip and the West Bank, as provided for in Annex
I, shall require the possession of the aforementioned identity card, whether
it was issued by the military government and its Civil Administration or substituted
or issued by the Palestinian side, and any other necessary documents, notification
of which will be given to the Palestinian side through the CAC.
7. Israel recognizes
the validity of the Palestinian passports/travel documents issued by the Palestinian
side to Palestinian residents of the West Bank and the Gaza Strip in accordance
with the Gaza-Jericho Agreement and this Agreement. Such passports/travel documents
shall entitle their holders to exit abroad through the passages or through Israeli
points of exit.
8. The holder of
a VIP Palestinian passport/travel document will pass the international passages
free of the fees and will enjoy VIP treatment in the Israeli international exit
points.
9. Special VIP
certificates may be issued as concluded in the Protocol regarding Arrangements
with respect to Passages of October 31, 1994, and in this Agreement.
10. In order to
ensure efficient passage procedures and to avoid discrepancies and with a view
to enabling Israel to maintain an updated and current registry, the Palestinian
side shall provide Israel, on a regular basis through the CAC, with the following
information regarding passports/travel documents and identity cards:
a. With respect
to passports/travel documents: full name, mother's name, ID number, date of
birth, place of birth, sex, profession, passport/travel document number and
date of issue and a current photograph of the person concerned.
b. With respect
to identity cards: identity card number, full name, mother's name, date of birth,
sex and religion and a current photograph of the person concerned.
The Palestinian
side shall inform Israel of every change in its population registry, including,
inter alia, any change in the place of residence of any resident.
ll. To reflect
the spirit of the peace process, the Palestinian side has the right, with the
prior approval of Israel, to grant permanent residency in the West Bank and
the Gaza Strip to:
a. investors, for
the purpose of encouraging investment;
b. spouses and
children of Palestinian residents, and
c. other persons,
for humanitarian reasons, in order to promote and upgrade family reunification.
12. The Palestinian
side shall have the right to register in the population registry all persons
who were born abroad or in the Gaza Strip and West Bank, if under the age of
sixteen years and either of their parents is a resident of the Gaza Strip and
West Bank.
13. a. Persons
from countries not having diplomatic relations with Israel who visit the Gaza
Strip and the West Bank shall be required to obtain a special visitor's permit
to be issued by the Palestinian side and cleared by Israel. Requests for such
permits shall be filed by any relative or acquaintance of the visitor, who is
a resident, through the Palestinian side, or by the Palestinian side itself.
All titles and values in such permits will be in English.
b. Visitors to
the Gaza Strip and the West Bank shall be permitted to remain in these areas
for a period of up to three months granted by the Palestinian side and cleared
by Israel. Such visitors can enter Israel during the validity of their visit
permit, without any need for another permit.
The Palestinian
side may extend this three months period for an additional period of up to four
months. The Palestinian side will notify Israel of this extension. Any further
extensions require the approval of Israel.
The Palestinian
side may, upon clearance by Israel, issue visitors' permits for the purpose
of study or work, for a period of one year which may be extended by agreement
with Israel. In any event, the duration of such visitors' permits shall not
exceed the period of validity of the said visitors' passports or travel documents.
The Palestinian side may grant permanent residency to the employees upon agreement
with Israel.
14. Persons from
countries having diplomatic relations with Israel who visit the Gaza Strip and
the West Bank shall either be required to obtain the aforementioned visitor's
permit or to hold a valid passport and an Israeli visa, when required. Such
visitors can enter Israel during the validity of their visit permit, without
any need for another permit.
15. The Palestinian
side shall ensure that visitors referred to above shall not overstay the duration
of their entry permit and authorized extensions.
16. The Palestinian
side shall use, in the West Bank and the Gaza Strip, Palestinian revenue stamps
and shall determine their required fees.
17. The CAC will
establish a subcommittee to supervise the implementation of this Article.
1. This sphere
includes, inter alia, the planning, formulation and implementation of policies,
as well as the management and supervision of post offices, postal services and
all monetary transactions and activities in postal units (publicly known as
"the Postal Bank").
2. The Palestinian
side shall issue postage stamps and postal stationery (hereinafter "stamps"),
date stamps and all other related materials, subject to the following provisions:
a. Stamps shall
include only the terms "the Palestinian Council" or "the Palestinian Authority",
the face value and the subject. Should date stamps include the name of the issuing
authority, only the abovementioned terms may be used.
b. The face value
shall be stated only in one of the agreed legal currencies circulating in the
West Bank and the Gaza Strip as detailed in Annex V (Protocol on Economic Relations).
c. The design,
symbols, wording and subjects of stamps and date stamps issued by the Palestinian
side will be in the spirit of the peace.
3. In setting postal
rates for international postal services, both sides shall coordinate in such
a way as to prevent mutual economic harm.
4. Both sides shall
ensure the efficient transmission and delivery of postal items, including parcels,
destined for or originating from the other side. Similarly, they shall ensure
the efficient transmission and delivery of such postal items arriving from,
or destined for, foreign countries.
5. The modalities
and arrangements for sending and receiving all postal items, including parcels,
between the two sides will be arranged by means of a commercial agreement between
the Israel Postal Authority and the Palestinian side.
6. a. The modalities
and arrangements for sending and receiving postal items, including parcels,
between the Palestinian side and foreign countries, will be arranged by means
of commercial agreements between the
PLO, for the benefit
of the Palestinian side, and the Postal Authorities of Jordan and Egypt, and
a commercial agreement between the Palestinian side and the Israel Postal Authority.
b. Without derogating
from the generality of paragraph 5 of Article IX of this Agreement (Foreign
Relations), the status of the Palestinian side to this Agreement in the Universal
Postal Union will remain as it is at present, and the Palestinian side will
not be party to any action to alter or change its status.
7. The relevant
customs principles detailed in Annex V (Protocol on Economic Relations) shall
also apply to postal items, including parcels transmitted to the West Bank and
the Gaza Strip.
l. Powers and responsibilities
in the sphere of Public Works and Housing 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 maintenance and
repair of roads and Housing Department affairs.
2. a. In Area C,
powers and responsibilities related to the sphere of Public Works and Housing
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. In exercising
its powers and responsibilities in Area C, the Israeli side shall, as far as
possible, employ Palestinians in carrying out road works.
3. a. The Palestinian
side shall maintain the roads and be guided by international standards for road
maintenance and construction, and shall ensure compatibility in said standards
with neighboring countries. Additionally, the Palestinian side shall carry out
any necessary works in order to ensure the proper condition of road infrastructure,
including the cleaning of culverts and ditches, and shall keep the roads clear
and free of all physical obstacles.
b. Upon the request
of the Israeli side any necessary work stipulated in sub-paragraph a above may
be carried out by either one side or the two sides together after full coordination
between them.
4. a. The Palestinian
side shall notify the Israeli side and road users, in a reasonable time and
prior to having significant activities which may disturb the regular flow of
traffic on roads or which may affect infrastructure located in proximity to
roads.
b. Whenever both
sides consider that the above activities affect the movement on roads or the
infrastructure located in proximity to such roads, these activities shall be
carried out in coordination between the Israeli and Palestinian sides.
5. A professional
joint committee shall be established by the CAC to deal with issues requiring
coordination and cooperation in this sphere, including the coordination of road
works on roads in the West Bank serving both Palestinians and Israelis.
1. Powers and responsibilities
in the sphere of Quarries and Mines in the West Bank and the Gaza Strip shall
be transferred from the military government and its Civil Administration to
the Palestinian side including, inter alia, the licensing and supervision of
the establishment, enlargement, and operation of quarries, crushing facilities
and mines (hereinafter "quarries").
2. 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.
3. a. Rights of
Israelis (including corporations owned by Israelis) regarding quarries situated
within the areas under the territorial jurisdiction of the Palestinian side,
which are not operative, may be purchased by the Palestinian side, with the
consent of the Israeli concerned, through a joint committee which shall be established
by the CAC for this purpose. The sum to be paid to each Israeli with regard
to his rights in the said quarries shall be based upon the investments made
by him in the site. The Israeli side shall freeze licenses to such quarries.
Pursuant to the date of the signing of this Agreement, such quarries shall not
become operative.
b. The above joint
committee shall also discuss the issue of quarries operated or used by Israelis.
The two sides shall respect the recommendations of this committee. Until the
decision of the Committee, the Palestinian side shall not take any measures
which may adversely affect these quarries.
c. The provisions
of subparagraphs a. and b. will apply to quarries presently situated in Area
C, as they come under the territorial jurisdiction of the Palestinian side,
commensurate with the gradual transfer of powers and responsibilities in accordance
with paragraph 2 above.
4. The Israeli
side shall consider any request by Palestinian entrepreneurs to operate quarries
in Area C on its merits.
1. Responsibility
over sites of religious significance in the West Bank and the Gaza Strip (hereinafter
- "Holy Sites") will be transferred to the Palestinian side. In Area C, this
responsibility 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.
2. Both sides shall
respect and protect the listed below religious rights of Jews, Christians, Moslems
and Samaritans:
a. protection of
the Holy Sites;
b. free access
to the Holy Sites; and
c. freedom of worship
and practice.
3. a. The Palestinian
side shall ensure free access to, respect the ways of worship in and not make
any changes to, the Jewish Holy Sites listed in List No. 1 of Schedule
4.
b. The Palestinian
side shall ensure free access to, and respect the ways of worship in, the Jewish
Holy Sites listed in List No. 2 of Schedule 4.
c. Schedule 4 shall
be updated commensurate with the gradual transfer of responsibility in accordance
with paragraph 1.
4. The holy site
of Nebi Musa shall be under the auspices of the Palestinian side for religious
purposes.
5. During religious
events that take place three times a year and other special occasions that shall
be coordinated with the Israeli authorities, Palestinians shall have the right
to religious pilgrimage to the Al-Maghtas under the Palestinian flag. Safe passage
will be provided from the Jericho Area to Al-Maghtas for this purpose.
1. Powers and responsibilities
in the sphere of Social Welfare 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, all social services and
the registration and supervision of local and international charitable societies.
2. Charitable,
voluntary and non-profit organizations and institutions, whether local or international,
should act in a manner that does not violate the laws in force.
3. Israeli and
Palestinian social welfare systems shall cooperate with regard to the following:
a. Probation officers
and preparation of briefs in connection with juvenile offenses.
b. Exchanging social
reports needed for juvenile offenders upon request.
c. Arrangements
to protect confidentiality and individual privacy in the exchange of information.
4. Both sides will
maintain a positive working relationship in the field of professional training.
1. This sphere
includes, inter alia, all phases of planning, producing and disseminating and
archiving statistics from censuses and surveys in all areas of statistics including,
but not limited to, demographic, social, economic, area, and environmental matters.
2. Israel shall
transfer from the Civil Administration to the Palestinian side all the necessary
material for maintaining and running the statistical system, such as:
a. The estimation
procedures, forms of questionnaires, manuals, coding manuals, procedures for
and results of quality control measures and analysis of surveys.
b. The statistical
maps.
c. The sampling
frames, including the household listings.
d. The basket of
consumer goods and all related material, including the weights used for the
CPI. e. Any other professional statistical materials whenever requested.
Any other professional
statistical means and methods used by the military government, Civil Administration,
or on their behalf, shall also be transferred to the Palestinian side.
3. a. The Israeli
side shall, through a Joint Committee to be established, transfer to the Palestinian
side, if requested, any primary data from censuses and surveys, carried out
by the military government, Civil Administration, or on their behalf, and archived
administrative records used by the military government, Civil Administration,
or on their behalf.
b. The Joint Committee
shall decide upon the modalities and arrangements concerning the transfer of
the above-mentioned materials.
4. Issues relating
to the right to be included in the Population Registry are dealt with in Article
28 (Population Registry and Documentation).
5. The Israeli
Central Bureau of Statistics and the Palestinian Central Bureau of Statistics
will maintain good working relations and will cooperate in statistical matters.
1. Powers and responsibilities
in the sphere of surveying in the West Bank and in the Gaza Strip shall be transferred
from the military government and its Civil Administration to the Palestinian
side. This sphere includes, inter alia, licensing of surveyors, carrying out
of surveys and confirmation of survey maps.
2. In Area C, powers
and responsibilities relating to the sphere of surveying 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.
3. Each side shall
preserve and ensure the location and adequate condition of triangulation points,
traverse points and bench marks, located in the West Bank and in the Gaza Strip.
The Israeli side shall provide the Palestinian side with all the necessary information
regarding these points and marks.
4. The two sides
shall establish a Joint Committee of Experts to deal with any needs that may
arise.
A. General
1. This sphere
includes, inter alia, the management and monitoring of the use of the radio
frequency spectrum, the use of the geostationary satellite orbit, the planning,
formulation and implementation of telecommunications policies, regulations and
legal frameworks. The above shall be in accordance with, and subject to, the
following provisions:
2. a. In Area C,
although powers and responsibilities are transferred to the Palestinian side,
any digging or building regarding telecommunications and any installation of
telecommunication equipment, will be subject to prior confirmation of the Israeli
side, through the CAC.
b. Notwithstanding
paragraph a. above, the supply of telecommunications services in Area C to the
Settlements and military locations, and the activities regarding the supply
of such services, shall be under the powers and responsibilities of the Israeli
side.
B. Principles
1. Israel recognizes
that the Palestinian side has the right to build and operate separate and independent
communication systems and infrastructures including telecommunication networks,
a television network and a radio network.
2. Without prejudice
to subparagraph D.5.c of this section, the Palestinian side has the right to
establish satellite networks for various services, excluding international services.
3. The Palestinian
side has the right to establish its own telecommunications policies, systems
and infrastructures. The Palestinian side also has the right to choose any and
all kinds of communication systems (including broadcasting systems) and technologies,
suitable for its future in, inter alia, basic and value added services (including
cellular telephony).
4. Operators and
providers of services, presently and in the future, in the West Bank and the
Gaza Strip shall be required to obtain the necessary approvals from the Palestinian
side. In addition, all those operating and/or providing services, presently
and in the future, in the West Bank and the Gaza Strip who wish to operate and/or
provide services in Israel, are required to obtain the necessary approvals from
the Israeli Ministry of Communications.
5. Both sides shall
refrain from any action that interferes with the communication and broadcasting
systems and infrastructures of the other side.
Specifically, the
Palestinian side shall ensure that only those frequencies and channels specified
in Schedule 5: List of Approved Frequencies (herein -
"Schedule 5") and Schedule 6: List of Approved TV Channels
and the Location of Transmitters (herein - "Schedule 6") shall be used and that
it shall not disturb or interfere with Israeli radio communication activity,
and Israel shall ensure that there shall be no disturbance of or interference
with the said frequencies and channels.
6. A joint committee
of technical experts representing both sides shall be established to address
any issue arising out of this section including the growing future needs of
the Palestinian side (hereinafter referred to as "the Joint Technical Committee"
or "JTC"). The JTC shall meet on a regular basis for the purpose of solving
all relevant problems, and as necessary in order to solve urgent problems.
C. The Electromagnetic
Sphere
1. The Palestinian
side has the right to use the radio frequency spectrum in accordance with principles
acceptable to both sides, for present and future needs, and frequencies assigned
or reassigned within the West Bank and the Gaza Strip covering all its required
services within the bands L.F., M.F., H.F., V.H.F., U.H.F., S.H.F. and E.H.F.
In order to satisfy the present needs of the Palestinian side, the frequencies
detailed in Schedule 5 are assigned for the use of the Palestinian side in the
West Bank and the Gaza Strip.
2. Future needs
for frequencies shall be agreed upon by the two sides. To that end, the Palestinian
side shall present its requirements through the JTC which must fulfill these
requirements within a period not exceeding one month.
Frequencies or
sections of frequencies shall be assigned, or an alternative thereto providing
the required service within the same band, or the best alternative thereto acceptable
by the Palestinian side, and agreed upon by Israel in the JTC.
3. a. The frequencies
specified in Schedule 5 shall serve, inter alia, for the
transmission of a television network and a radio network.
b. The television
channels and locations of transmitters to be used by the Palestinian side are
specified in Schedule 6. The production studios and related
broadcasting equipment shall be located in the West Bank and the Gaza Strip.
c. The radio transmitter
shall be located in the area of Ramallah and Al-Bireh Cities, at the presently
agreed site.
d. The Palestinian
side has the right to change the location(s) of radio transmitters according
to an agreement between the two sides through the JTC, to serve the Palestinian
plans in achieving the best coverage.
D. Telecommunications
1. Pending the
establishment of an independent Palestinian telephone network, the Palestinian
side shall enter into a commercial agreement with Bezeq - The Israel Telecommunications
Corp. Ltd. (herein, "Bezeq"), regarding supply of certain services in the West
Bank and the Gaza Strip. In the area of international telephony, commercial
agreement(s) shall be concluded with Bezeq or other duly-licensed Israeli companies.
The above shall
be without prejudice to subparagraph 5.c below.
2. As long as the
Palestinian network is integrated with the Israeli network, the Palestinian
side shall use such telephonic equipment as is compatible with the standards
adopted and applied in Israel by the Ministry of Communications, and will coordinate
with the Israeli side any changes to the structure and form of telephone exchanges
and transmission equipment. The Palestinian side shall be permitted to import
and use any and all kinds of telephones, fax machines, answering machines, modems
and data terminals, without having to comply with the above-mentioned standards
(accordingly, lists Al and A2 of Annex V (Protocol on Economic Relations) will
be updated). Israel recognizes and understands that for the purpose of building
a separate network, the Palestinian side has the right to adopt its own standards
and to import equipment which meets these standards (accordingly, lists Al and
A2 of Annex V (Protocol on Economic Relations) will be updated). The equipment
will be used only when the independent Palestinian network is operational.
3. a. The Palestinian
side shall enable the supply of telecommunications services to the Settlements
and the military installations by Bezeq, as well as the maintenance by Bezeq
of the telecommunications infrastructure serving them and the infrastructure
crossing the areas under the territorial jurisdiction of the Palestinian side.
b. The Israeli
side shall enable the supply of telecommunications services to the geographically-dispersed
areas within the West Bank and the Gaza Strip. This shall include provision,
subject to the approval of the proper Israeli authorities, free of charge, of
rights of way or sites in the West Bank for microwave repeater stations and
cables to interlink the West Bank and to connect the West Bank with the Gaza
Strip.
c. Israel recognizes
the right of the Palestinian side to establish telecommunications links (microwave
and physical) to connect the West Bank and the Gaza Strip through Israel. The
modalities of establishing such telecommunications connections, and their maintenance,
shall be agreed upon by the two sides. The protection of the said connections
shall be under the responsibility of Israel.
4. Without prejudice
to paragraph 3 above:
a. The Palestinian
side shall take the necessary measures to ensure the protection of the telecommunication
infrastructures serving Israel, the Settlements and the military installations,
which are located in the areas under the territorial jurisdiction of the Palestinian
side.
b. The Israeli
side shall take the necessary measures to ensure the protection of the telecommunication
infrastructures serving the West Bank and the Gaza Strip and which are located
in areas under Israel's responsibility.
5. a. The Palestinian
side has the right to collect revenue for all internal and international telecommunication
services originating and terminating in the West Bank and the Gaza Strip (except
Settlements and military locations).
b. Details regarding
payment by the Palestinian side to Bezeq or other duly-licensed Israeli companies,
and compensation by Bezeq or the said companies to the Palestinian side, referred
to in subparagraph a. above, shall be agreed upon in the commercial agreement(s)
between them.
c. The provisions
of subparagraphs a. and b. above will be applied between the sides until such
time as the two sides agree upon installation and operation of an "international
gateway", as well as the international code, for the Palestinian side and the
actual commencement of operation of the said gateway.
d. The Palestinian
side shall enter into a discussion with Bezeq for the purpose of coming to an
agreement for the use of a separate area code and numbering plan, pending the
establishment of a separate Palestinian network.
6. The Palestinian
side has the right to collect taxes on all telecommunications services billed
in the West Bank and the Gaza Strip, subject to the provisions of Annex
V (Protocol on Economic Relations).
7. a The Israeli
side shall provide the Palestinian side with all operating, maintenance and
system manuals, information regarding billing systems and all operating and
computer programming protocols of all the equipment that will be transferred
to the Palestinian side, subject to protection of rights of commercial confidentiality.
b. The Israeli
side shall also supply the Palestinian side with all contractual agreements
between the Civil Administration and all domestic and international entities
in the area of telecommunications.
The timing of the
provision of the above mentioned materials will be as provided for in this Annex.
c. Bezeq, in accordance
with the commercial agreement, will supply the Palestinian side with all legal
verification of its purported ownership of any and all movable or immovable
assets in the West Bank and the Gaza Strip, that are not part of the Civil Administration's
present network.
1. Powers and responsibilities
in the sphere of Tourism 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, regulating, licensing, classifying, and supervising tourist services,
sites and industries. It also includes promoting foreign and domestic tourism
and developing the Palestinian tourist sources and sites. It includes, as well,
supervising the marketing, promotion and information activities related to foreign
and domestic tourism.
2. In Area C, while
powers and responsibilities regarding the development of visitors' interest
in tourist sites and the encouragement of the development of tourist services
around them, in coordination with the Israeli side, will be transferred during
the first phase of redeployment, other powers and responsibilities regarding
those sites 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.
3. Tourism issues
are dealt with in Article X of Annex V
(Protocol on Economic Relations).
4. Without derogating
from the provisions of paragraph 9 of Article X of Annex V (Protocol on Economic
Relations), a Joint Committee, established through the CAC, shall facilitate
coordination and cooperation on day to day tourism issues.
General
Powers and responsibilities
relating to transportation in the West Bank and the Gaza Strip will be transferred
from the Israeli military government and its Civil administration to the Palestinian
side subject to the following:
1. This sphere
includes, inter alia, the licensing and supervision of drivers and vehicles,
freight transportation, public transportation, traffic supervision, setting
appropriate standards for transportation, meteorology, and others.
2. High and appropriate
transportation safety standards and environmental quality shall serve as the
basis for cooperation and agreement in this sphere.
3. The Palestinian
side in this sphere shall follow international standards such as the European
Standard, as applied in the area. Such standards and regulations shall be continuously
adapted to reflect technological developments and advances as well as safety
and environmental considerations.
4. The arrangements
regarding the transfer of powers and responsibilities concerning maritime activity
and aviation are dealt with according to the provisions of this Agreement.
Drivers' and
Vehicle Licensing
5. Instruction,
training and licensing in all fields relating to transportation, including drivers'
testing, training and licensing will be conducted at a minimum, in accordance
with existing standards.
6. The Palestinian
side shall issue drivers' and vehicle licenses as well as license plates according
to the format and standards currently in use and as set out in Schedule
7 to be attached to this Appendix as agreed upon between the sides.
7. To facilitate
the entry of vehicles registered by the Palestinian side into Israel, the Palestinian
side will periodically forward to the Israeli side through the CAC, updated
information regarding drivers and vehicles registered by it.
Traffic Supervision
8. Signalization
and Traffic Arrangements
a. The Palestinian
side shall have powers and responsibilities regarding traffic signalization
and traffic arrangements in the areas under its territorial jursdiction and
shall cooperate with the Israeli side concerning related activities that may
disturb traffic arrangements.
b. All traffic
signalization, including the posting of road signs, markings and traffic arrangements,
shall be in accordance with international standards as applied in the area and
where a written warning or message on a sign is required, such a warning or
message shall be written in the Arabic, Hebrew and English languages.
9. Public Transportation
Permits
a. Powers and responsibilities
regarding Israeli public transportation to and between Israel and the Settlements
and military locations shall be exercised by Israel.
b. Powers and responsibilities
regarding Palestinian public transportation
to, between and
within the West Bank and the Gaza Strip shall be exercised by the Palestinian
side. Arrangements for the use of safe passage for this purpose are set out
in Annex I.
10. Public Transportation
Routes
a. Palestinian
public transportation routes in the West Bank and Gaza Strip, except into Settlements
and military locations, shall be determined by the Palestinian side.
b. Israeli public
transportation routes from Israel to and between Settlements and military locations,
and/or to other places in Israel, shall be determined by Israel .
c. Public transportation
routes will be as short and safe as possible.
11. Bus Stops
a. Bus stops designated
for the boarding and alighting of passengers in the areas under Palestinian
territorial jurisdiction shall be determined by the Palestinian side.
b. Bus stops at
the main junctions leading to Settlements and military locations or Palestinian
villages in the West Bank will be determined in cooperation between Israeli
and Palestinian traffic controllers.
c. Existing bus
stops will be kept at Jewish Holy Sites.
Vehicles and
Vehicle Maintenance
12. Israel and
the Palestinian side shall cooperate for the purpose of maintaining safety standards,
technical know how and professional training and shall exchange information
regarding the maintenance, repair and servicing of vehicles, based on international
standards as applied in the area.
13. Without derogating
from other provisions of this Agreement, any vehicle prototype imported by the
Palestinian side which has not been tested and approved by Israel, will be permitted
to enter Israel and the West Bank and the Gaza Strip provided that such vehicle
prototype is tested and approved by an authorized laboratory facility recognized
by both sides, applying standards used in the European Union as applied in the
area.
14. All types of
vehicles and automotive products manufactured by the Palestinian side shall
be tested and approved for use by an authorized laboratory recognized by both
sides, prior to their entry into Israel and the West Bank or the Gaza Strip.
15. The import
of vehicles by the Palestinian side shall be according to Annex
V, Article III, paragraphs 10 and 11.
16. The issue of
the transfer of car ownership will be discussed between the Ministries of Transportation
of the two sides immediately after the signing of this Agreement.
Freight Transportation
17. Vehicles for
transporting freight that are registered by the Palestinian side shall be permitted
to enter Israel subject to the provisions regarding entry into Israel, the applicable
Israeli laws and regulations governing the transportation of freight by motor
vehicle, and the provisions set out in Schedule 7.
Transportation
of Dangerous Substances
18. a. The provisions
of Article 15, paragraph 5.a. and b. on transportation of gas, fuel and petroleum
shall be applicable to the transportation of all dangerous substances.
b. The above provisions
shall be applicable with respect to the transportation of dangerous substances,
except household gas and fuel and petroleum products for vehicles, on roads
in the West Bank and Gaza Strip directly leading to Settlements and military
locations.
c. In addition
to the provisions of sub-paragraph a. above, the transportation within Israel
and on roads in the West Bank and Gaza Strip, of dangerous substances classified
as "most dangerous substances" as listed in current U.N. publications will require
a permit signed by both traffic controllers.
Public Transportation
from the West Bank and the Gaza Strip to and from Jordan and Egypt
19. Both sides
agree in principle to the operation of public transportation from the West Bank
and the Gaza Strip to and from Jordan and Egypt. Procedures and arrangements,
including lines, will be detailed in Schedule 7.
Meteorology
20. Both sides
agree on a wide range of cooperation in the sphere of meteorology and, in particular,
regarding the updating of weather forecasts, data processing, and the transfer
of information. The Israeli side shall provide meteorological services to the
Palestinian side in the following fields: aviation, maritime, synoptic stations,
weather forecasting, vocational training, etc.
Subcommittee
for Transportation
21. Details regarding
the implementation of the provisions of this Section, as well as all other matters
regarding transportation between the two sides shall be formulated by the Subcommittee
of the CAC for Transportation.
1. The transfer
of the powers and responsibilities from the Civil Administration to the Council
in this sphere shall include providing the available details concerning the
Civil Administration's budgets, revenues, expenses and accounts.
Israel will provide
the Council with all the necessary information, manuals, forms, operating procedures,
etc., of the Civil Administration's financial system, which are relevant for
the smooth and orderly transfer of powers and responsibilities in this sphere
and for their operation by the Council.
2. The Israeli
side shall transfer to the Council, as soon as possible but not later than nine
months after the date of the transfer of the powers and responsibilities, the
remaining surplus of the Civil Administration's budget.
3. a. Israel shall
provide the Council with a list of the Civil Administration departments and
their immovable offices, storerooms, warehouses, etc., located in the areas
under the territorial jurisdiction of the Council.
b. Where such immovables
are situated on private property, including property owned by absentees, Israel
shall provide the Council with the contracts made between the Civil Administration
and the owners of such property.
4. a. The Civil
Administration shall bring to an end all its services and development contracts,
and will bear the liability directly arising from such termination.
b. Civil Administration
lease or rental contracts with the Waqf, the Custodian of Absentee Property
or private property owners in the areas under the territorial jurisdiction of
the Council, will be transferred to the Council.
c. All land and
property lease and rental contracts entered into by the Custodian of Absentee
and Governmental Property relating to the areas under the territorial jurisdiction
of the Council will be transferred to the Council. Israel shall give notice
of such transfer to the tenants and lessees.
5. Without derogating
from the above provisions, upon the transfer of powers and responsibilities,
Israel will cease to bear any financial responsibility regarding contracts of
the Civil Administration and the Council will bear all financial responsibility
for them, in accordance with Article XX of the Agreement (Rights, Liabilities
and Obligations).
On the basis of
good-will both sides have reached the following agreement in the sphere of Water
and Sewage:
Principles
1. Israel recognizes
the Palestinian water rights in the West Bank. These will be negotiated in the
permanent status negotiations and settled in the Permanent Status Agreement
relating to the various water resources.
2. Both sides recognize
the necessity to develop additional water for various uses.
3. While respecting
each side's powers and responsibilities in the sphere of water and sewage in
their respective areas, both sides agree to coordinate the management of water
and sewage resources and systems in the West Bank during the interim period,
in accordance with the following principles:
a. Maintaining
existing quantities of utilization from the resources, taking into consideration
the quantities of additional water for the Palestinians from the Eastern Aquifer
and other agreed sources in the West Bank as detailed in this Article.
b. Preventing the
deterioration of water quality in water resources.
c. Using the water
resources in a manner which will ensure sustainable use in the future, in quantity
and quality.
d. Adjusting the
utilization of the resources according to variable climatological and hydrological
conditions.
e. Taking all necessary
measures to prevent any harm to water resources, including those utilized by
the other side.
f. Treating, reusing
or properly disposing of all domestic, urban, industrial, and agricultural sewage.
g. Existing water
and sewage systems shall be operated, maintained and developed in a coordinated
manner, as set out in this Article.
h. Each side shall
take all necessary measures to prevent any harm to the water and sewage systems
in their respective areas.
i. Each side shall
ensure that the provisions of this Article are applied to all resources and
systems, including those privately owned or operated, in their respective areas.
Transfer of
Authority
4. The Israeli
side shall transfer to the Palestinian side, and the Palestinian side shall
assume, powers and responsibilities in the sphere of water and sewage in the
West Bank related solely to Palestinians, that are currently held by the military
government and its Civil Administration, except for the issues that will be
negotiated in the permanent status negotiations, in accordance with the provisions
of this Article.
5. The issue of
ownership of water and sewage related infrastructure in the West Bank will be
addressed in the permanent status negotiations.
Additional Water
6. Both sides have
agreed that the future needs of the Palestinians in the West Bank are estimated
to be between 70 - 80 mcm/year.
7. In this framework,
and in order to meet the immediate needs of the Palestinians in fresh water
for domestic use, both sides recognize the necessity to make available to the
Palestinians during the interim period a total quantity of 28.6 mcm/year, as
detailed below:
a. Israeli Commitment:
(1) Additional
supply to Hebron and the Bethlehem area, including the construction of the required
pipeline - 1 mcm/year.
2) Additional supply
to Ramallah area - 0.5 mcm/year.
(3) Additional
supply to an agreed take-off point in the Salfit area - 0.6 mcm/year.
(4) Additional
supply to the Nablus area - 1 mcm/year.
(5) The drilling
of an additional well in the Jenin area - 1.4 mcm/year.
(6) Additional
supply to the Gaza Strip - 5 mcm/year.
(7) The capital
cost of items (1) and (5) above shall be borne by Israel.
b. Palestinian
Responsibility:
(1) An additional
well in the Nablus area - 2.1 mcm/year.
(2) Additional
supply to the Hebron, Bethlehem and Ramallah areas from the Eastern Aquifer
or other agreed sources in the West Bank - 17 mcm/year.
(3) A new pipeline
to convey the 5 mcm/year from the existing Israeli water system to the Gaza
Strip. In the future, this quantity will come from desalination in Israel.
(4) The connecting
pipeline from the Salfit take-off point to Salfit.
(5) The connection
of the additional well in the Jenin area to the consumers.
(6) The remainder
of the estimated quantity of the Palestinian needs mentioned in paragraph 6
above, over the quantities mentioned in this paragraph (41.4 - 51.4 mcm/year),
shall be developed by the Palestinians from the Eastern Aquifer and other agreed
sources in the West Bank. The Palestinians will have the right to utilize this
amount for their needs (domestic and agricultural).
8. The provisions
of paragraphs 6-7 above shall not prejudice the provisions of paragraph 1 to
this Article.
9. Israel shall
assist the Council in the implementation of the provisions of paragraph 7 above,
including the following:
a. Making available
all relevant data.
b. Determining
the appropriate locations for drilling of wells.
10. In order to
enable the implementation of paragraph 7 above, both sides shall negotiate and
finalize as soon as possible a Protocol concerning the above projects, in accordance
with paragraphs 18 - 19 below.
The Joint Water
Committee
11. In order to
implement their undertakings under this Article, the two sides will establish,
upon the signing of this Agreement, a permanent Joint Water Committee (JWC)
for the interim period, under the auspices of the CAC.
12. The function
of the JWC shall be to deal with all water and sewage related issues in the
West Bank including, inter alia:
a. Coordinated
management of water resources.
b. Coordinated
management of water and sewage systems.
c. Protection of
water resources and water and sewage systems.
d. Exchange of
information relating to water and sewage laws and regulations.
e. Overseeing the
operation of the joint supervision and enforcement mechanism.
f. Resolution of
water and sewage related disputes.
g. Cooperation
in the field of water and sewage, as detailed in this Article.
h. Arrangements
for water supply from one side to the other.
i. Monitoring systems.
The existing regulations concerning measurement and monitoring shall remain
in force until the JWC decides otherwise.
j. Other issues
of mutual interest in the sphere of water and sewage.
13. The JWC shall
be comprised of an equal number of representatives from each side.
14. All decisions
of the JWC shall be reached by consensus, including the agenda, its procedures
and other matters.
15. Detailed responsibilities
and obligations of the JWC for the implementation of its functions are set out
in Schedule 8.
Supervision
and Enforcement Mechanism
16. Both sides
recognize the necessity to establish a joint mechanism for supervision over
and enforcement of their agreements in the field of water and sewage, in the
West Bank.
17. For this purpose,
both sides shall establish, upon the signing of this Agreement, Joint Supervision
and Enforcement Teams (JSET), whose structure, role, and mode of operation is
detailed in Schedule 9. Water Purchases
18. Both sides
have agreed that in the case of purchase of water by one side from the other,
the purchaser shall pay the full real cost incurred by the supplier, including
the cost of production at the source and the conveyance all the way to the point
of delivery. Relevant provisions will be included in the Protocol referred to
in paragraph 19 below.
19. The JWC will
develop a Protocol relating to all aspects of the supply of water from one side
to the other, including, inter alia, reliability of supply, quality of supplied
water, schedule of delivery and off-set of debts.
Mutual Cooperation
20. Both sides
will cooperate in the field of water and sewage, including, inter alia:
a. Cooperation
in the framework of the Israeli-Palestinian Continuing Committee for Economic
Cooperation, in accordance with the provisions of Article XI and Annex III of
the Declaration of Principles.
b. Cooperation
concerning regional development programs, in accordance with the provisions
of Article XI and Annex
IV of the Declaration of Principles.
c. Cooperation,
within the framework of the joint Israeli-Palestinian-American Committee, on
water production and development related projects agreed upon by the JWC.
d. Cooperation
in the promotion and development of other agreed water related and sewage-related
joint projects, in existing or future multi-lateral forums.
e. Cooperation
in water-related technology transfer, research and development, training, and
setting of standards.
f. Cooperation
in the development of mechanisms for dealing with water-related and sewage related
natural and man-made emergencies and extreme conditions.
g. Cooperation
in the exchange of available relevant water and sewage data, including:
(1) Measurements
and maps related to water resources and uses.
(2) Reports, plans,
studies, researches and project documents related to water and sewage.
(3) Data concerning
the existing extractions, utilization and estimated potential of the Eastern,
North-Eastern and Western Aquifers (attached as Schedule 10).
Protection of
Water Resources and Water and Sewage Systems
21. Each side shall
take all necessary measures to prevent any harm, pollution, or deterioration
of water quality of the water resources.
22. Each side shall
take all necessary measures for the physical protection of the water and sewage
systems in their respective areas.
23. Each side shall
take all necessary measures to prevent any pollution or contamination of the
water and sewage systems, including those of the other side.
24. Each side shall
reimburse the other for any unauthorized use of or sabotage to water and sewage
systems situated in the areas under its responsibility which serve the other
side.
The Gaza Strip
25. The existing
agreements and arrangements between the sides concerning water resources and
water and sewage systems in the Gaza Strip shall remain unchanged, as detailed
in Schedule 11.
Pursuant to Article
2, paragraph 9 of this Appendix:
- The Samoa Synagog/Ashtamaa
- The Maon Synagogue/Ma,in
- The Synagogue
in Yata
- Tel Rumeida
(Tomb of Yishai and Ruth in Biblical Hebron)
- Betar/Batir
- The Hasmonean
Palaces
- Sebastia/Samaria
- Elonei Mamre/Haram
Er-Rameh
- The Naaran
Synagogue - Ein Diuk
- The Jewish
Cemetry in Tel Sammarat
- The "Shalom
Al Israel" Synagogue in Jericho
- The Jewish
Synagogue in Gaza City.
Pursuant to Article
12, paragraph 7 of this Appendix:
- Power plants
(including gas turbines, substations and super tension lines).
- Quarries and
mines (including expansion of existing quarries and mines).
- Waste water
treatment plants including main sewers.
- Solid waste
disposal sites.
- Hazardous waste
disposal sites.
- Plants producing,
storing, or using hazardous substances.
- Airports and
landing strips.
- Seaports, jetties
and harbors.
- Refineries.
- Industrial
parks.
- Major dams
and reservoirs.
- Major roads.
Pursuant to Article
17, paragraph 2 of this Appendix:
Vaccinations
The routine vaccination
system carried out in the West Bank and the Gaza Strip including:
A. Vaccinations
for infants:
1. Vaccination
against Hepatitis B.:
I To an infant
born in a hospital or in a maternity home: at the ages of
0, 1, 6, months.
II To an infant
born at home: at the ages of 1, 2, 6 months.
2 . Triple vaccination
against Diptheria, Pertussis and Tetanus (DPT):
Given at the ages
of 2, 4, 6, l2 months.
3. Vaccination
against Poliomyelitis (Polio):
Sabin vaccine (OPV)
given at the ages of 4, 6, 12 months. Salk vaccine (IPV) given at the ages of
2, 4, 12 months.
Note: If, in the
future, we will revert to the quadruplex vaccination method which combines DPT
with the Salk vaccine against Polio, the method will be: Quadruplex (IPV + DPT):
at the ages of 2, 4, 12 months.
DPT: at the age
of 6 months.
4. Triple vaccination
against Measles Mumps. Rubella (MMR):
Given at the age
of 15 months.
(Note: it is necessary
to point out that UNRWA gives an additional dose of the Measles vaccine, at
the age of 9 months - within the boundaries of the refugee camps).
B) Vaccinations
for children and youth:
1. Against Poliomyelitis
(OPV = SABIN) at the age of 6 years.
2. Against Measles
- at the age of 6 years.
3. Against Tuberculosis
- given BCG (after a Tuberculin test = Mantoux test) at the age of 6 years.
(Note: It is necessary
to note that UNRWA gives an additional dose of the BCG vaccine immediately after
birth).
4. Vaccination
against Diptheria and Tetanus - dT (at special concentration suitable for children)
is given as a booster vaccination at the age of 6 years.
An additional booster
vaccination - DT (at a special concentration suitable for adults) is given at
the age of 15 years.
5. Against Rubella,
for girls only, at the age of 12 years.
C) Vaccination
against Tetanus for pregnant women:
Tetanus Toxoid
vaccination is given in order to avoid Tetanus Neonatorum.
First dose is given
at the beginning of the second third of the pregnancy (in the fourth or fifth
month) and a second dose before the birth (during the eighth month of pregnancy).
D) Vaccination
against Hepatitis B for specific members of the population:
1. A newborn whose
mother was found to be suffering with Hepatitis B during her pregnancy or is
a carrier of the disease (discovered after a routine test for this disease in
pregnant women) - receives vaccination against Hepatitis B. The vaccination
is given a number of days after the birth and includes an active and passive
vaccine: HBV and HBIG.
2. The husband
of a pregnant woman who is sick or is a carrier of the disease (who was checked
for Hepatitis B and found healthy) - receives an active vaccination - HBV.
3. Hospital workers,
including nurses, technicians and others, who come into contact with blood intensively:
in laboratories, haemodialysis units, intensive care units, operating theaters,
delivery rooms and emergency rooms, as well as dentists - receive the active
vaccination HBV.
E) Vaccination
against Meningococcal Meningitis type A:
Given to pilgrims
to Saudi Arabia, 10 days before their departure via the Jordan River bridges.
Pursuant to Article
32, paragraph 3 of this Appendix:
List No. 1
- Elazar's Tomb,
Ittamar's Tomb and the Tomb of the 70 Elders in Awarta
- Joshua's Tomb
in Kifel-Hares
- The Cave of
Othniel ben Knaz in Hebron
- The Eshtamoa
Synagogue in Samoa
- The Yata Synagogue
- Batir
- Sebastia/Samaria
List No. 2
- Nun's Tomb
and Caleb's Tomb in Kifel-Hares
- The Tombs of
Natan the Prophet and Gad the Seer in Halhul
- The Naran Synagogue
- Ein Duk
- The Jewish
Cemetery in Sammerat
- The Synagogue
in Gaza City
Pursuant to Article
36, paragraph B.5 of this Appendix:
1. L.F.
As soon as any
need arises.
2. M.F.
Broadcast network.
Ramallah - 675khz.
3. H.F.
To use it freely.
4. V.H.F.
4.1 V.H.F. - F.M. broadcast
V.H.F. - F.M. broadcast network composed of 8 locations.
The specific 8 frequencies will be assigned not later than six months from
the date of signing this Agreement.
4.2 V.H.F. - maritime local services
Assignment of frequencies for vessels and fixed stations
is subject to the provisions of Annex I and of Article 38 (Transportation).
4.3 V.H.F. - aeronautical local services
Assignment of frequencies for airplanes and fixed stations
is subject to the provisions of Annex I and of Article 38 (Transportation).
4.4 V.H.F. - mobile services
Assignment of frequencies for use for mobile and fixed
services of Police, Civil and Official networks and other users, in the West
Bank and the Gaza Strip is as follows:-
4.4.1 Qalqilya
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