THE ISRAELI-PALESTINIAN INTERIM AGREEMENT ON THE WEST
BANK AND THE GAZA STRIP
ANNEX III
Protocol Concerning Civil
Affairs
ARTICLE I
Liaison and Coordination
in Civil Affairs
- Joint Civil Affairs Coordination and Cooperation
Committee
- A Joint Civil Affairs Coordination and
Cooperation Committee (hereinafter "the CAC") is hereby
established.
- 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.
- The CAC will deal with the following matters:
- Civil affairs, including issues concerning the
transfer of civil powers and responsibilities from the Israeli military
government and its Civil Administration to the Council.
- Matters arising with regard to infrastructures,
such as roads, water and sewage systems, power lines and
telecommunication infra- structure, which require coordination according
to this Agreement.
- Questions regarding passage to and from the West
Bank and the Gaza Strip, and safe passage between the West Bank and the
Gaza Strip, including crossing points and international crossings.
- The relations between the two sides in civil
matters, in issues such as granting of permits.
- Matters dealt with by the various professional
subcommittees established in accordance with this Annex, which require
further discussion or overall coordination.
- Other matters of mutual interest.
- The CAC shall convene at least once a month,
unless otherwise agreed.
- Each side may initiate the convening of a
special meeting on short notice.
- The CAC shall determine by agreement its mode of
procedure.
- Joint Regional Civil Affairs Subcommittees
- 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").
- The RCACs in the West Bank and in
the Gaza Strip shall deal with the regional civil affairs matters in the West
Bank and in the Gaza Strip respectively, detailed in paragraph 1.c
above, and with civil matters referred to them by the District Civil
Liaison Offices.
- Each RCAC may establish ad hoc working groups if
and when the need arises.
- Each RCAC shall convene no less than once every
two weeks.
- Matters of principle and policy not settled
within the RCACs shall be passed on to the CAC.
- District Civil Liaison Offices
- 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.
- In the Gaza Strip DCLs may be established to
operate in the districts assigned for the DCOs, as specified in Annex I.
- The DCLs shall deal with the day to day civil
affairs, detailed in paragraph 1.c above, in their respective areas of
operation.
- 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.
- General
- 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.
- The CAC and the RCACs shall be comprised of an
equal number of representatives from Israel and from the
Council.
- 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.
- The provisions of this Article shall not impede
daily contacts between representatives of Israel and of the
Council in all matters of mutual concern.
ARTICLE II
Transfer
of Civil Powers and Responsibilities
Powers and responsibilities of the Israeli military government and its
Civil Administration shall be transferred to and assumed by the Council in
accordance with the provisions of this Annex and of Appendix 1.
ARTICLE III
Modalities
of Transfer
- In the first phase of redeployment, the transfer
of civil powers and responsibilities will be effected concurrently with
the stages of this redeployment, as detailed in Annex I, Article I.1 and
Appendix 1 thereto.
- The transfer of civil powers and responsibilities
shall be coordinated through the CAC and implemented in accordance with
the arrangements set out in this Annex, in a smooth, peaceful and orderly
manner.
- Preparations for the implementation of this Annex
shall commence immediately upon the signing of this Agreement.
- The Israeli authorities shall provide all necessary
assistance to the Council including access to offices, registers, records,
systems and equipment and all necessary information, data and statistics,
required for the transfer of powers and responsibilities.
- In accordance with the stages of transfer of
powers and responsibilities, Israel will transfer from the possession of
the Israeli military government 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.
- Arrangements regarding the transfer of funds,
assets, and contracts, are set out in Article 39 of Appendix 1 (Treasury).
ARTICLE IV
Special
Provisions concerning Area C
- In Area C, in the first phase of redeployment,
powers and responsibilities not related to territory, as set out in
Appendix 1, will be transferred to and assumed by the Council in
accordance with the provisions of that Appendix.
- During the further redeployment phases, powers
and responsibilities relating to territory, as set out in Appendix 1, will
be transferred gradually to Palestinian jurisdiction that will cover West
Bank and Gaza Strip territory, except for the issues that will be
negotiated in the permanent status negotiations.
- In accordance with the DOP, in Area C, the
Council will 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.
- The transfer of powers and responsibilities in
Area C shall not affect Israel's continued authority to
exercise its powers and responsibilities with regard to internal security
and public order, as well as with regard to other powers and
responsibilities not transferred.
- The closure of areas or the imposing of other
restrictions on the movement of persons or goods in Area C, required for
the implementation of the powers and responsibilities transferred to the
Council in accordance with this Annex (such as for the prevention of the
spreading of diseases), shall require prior Israeli consent.
-
- 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.
- Arrangements regarding the operation of such
inspectors, including agreed identification documentation, shall be as
agreed within the CAC.
- 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.
- These inspectors shall neither wear uniforms of
a police or military nature nor carry arms.
APPENDIX 1
Powers
and Responsibilities for Civil Affairs
In accordance with Article II of this Annex, powers and
responsibilities of the Israeli military government and its Civil
Administration shall be transferred to and assumed by the Council in accordance
with this Annex and the following provisions:
ARTICLE 1
Agriculture
- This sphere includes, inter alia, veterinary
services, animal husbandry, all existing experimental stations, irrigation
water (i.e. usage of irrigation water which has been allocated for this
purpose), scientific data, forestry, pasture and grazing, licensing and
supervision of agriculture, the farming and marketing (including export
and import) of crops, fruit and vegetables, nurseries, forestry products,
and animal produce.
- Irrigation water, as well as facilities, water
resources, installations and networks used in agriculture are dealt with
in Article 40 (Water and Sewage).
- Relations in the agricultural sphere between the
Israeli side and the Palestinian side, including the movement of
agricultural produce, are dealt with in Annex V (Protocol on Economic
Relations).
- The two sides will cooperate in training and
research, and shall undertake joint studies on the development of all
aspects of agriculture, irrigation and veterinary services.
- Forestry is part of the Agriculture sphere and is
dealt with in Article 14 (Forests).
ARTICLE 2
Archaeology
- Powers and responsibilities in the sphere of
archaeology in the West Bank and the Gaza Strip will be transferred from
the military government and its Civil Administration to the Palestinian
side. This sphere includes, inter alia, the protection and preservation of
archaeological sites, management, supervision, licensing and all other
archaeological activities.
- In Area C, powers and responsibilities related to
the sphere of Archaeology will be transferred gradually to Palestinian
jurisdiction that will cover West Bank and Gaza Strip territory except for
the issues that will be negotiated in the permanent status negotiations,
during the further redeployment phases, to be completed within 18 months
from the date of the inauguration of the Council.
- The Palestinian side shall protect and safeguard
all archaeological sites, take all measures necessary to protect such
sites and to prevent damage to them and take all precautions when carrying
out activities, including maintenance and construction activities, which
may affect such sites.
- A Joint Committee of experts from both sides
shall be established by the CAC to deal with archaeological issues of
common interest.
- The Palestinian side shall respect academic
freedom and rights in this sphere.
- Subject to academic considerations, and in
accordance with the law, when the Palestinian side grants excavation
licenses to archaeologists, researchers and academics, it shall do so
without discrimination.
- The Palestinian side shall ensure free access to
archaeological sites, open to the public without discrimination.
- Both sides shall inform each other, through the
Joint Committee, of the discovery of new archaeological sites in the West
Bank and the Gaza Strip.
- Each side undertakes upon itself to respect sites
in the West Bank and the Gaza Strip which are regarded as holy, or which
hold archaeological value. Each side shall have the right to raise issues
relating to those sites before the Joint Committee which will consider the
issue raised and reach an agreement upon such issue.
The sites listed in
Schedule 1 are of archaeological and historical importance to the Israeli side.
The Israeli side may notify the Palestinian side of other sites which shall be
added to this list. The Palestinian side will take into consideration that
actions which may affect these sites shall be referred to the Joint Committee
for full cooperation.
- In areas transferred to the territorial
jurisdiction of the Palestinian side, the Israeli side shall provide the
Palestinian side with all archaeological records, including, inter alia, a
list of all excavated sites and a detailed list and description of
archaeological artifacts found since 1967.
With due consideration
to the Palestinian demand that Israel shall return all archaeological artifacts
found in the West Bank and the Gaza Strip since 1967, this issue shall be dealt
with in the negotiations on the final status.
-
- Both sides shall take all necessary steps to
prevent the theft of archaeological artifacts.
- 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.
- 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.
ARTICLE 3
Assessments
Powers and responsibilities in the sphere of Assessments in the West
Bank and the Gaza Strip will be transferred from the military government and
its Civil Administration to the Palestinian side. This sphere includes, inter alia,
the licensing of assessors.
ARTICLE 4
Banking
and Monetary Issues
- This sphere includes, inter alia, issues relating
to foreign currency services, regulation, licensing, supervision and
inspection of banking activities, and the regulation and supervision of
capital activities, and powers and responsibilities relating to monetary
policies, all as formulated in Annex V (Protocol on Economic Relations).
- The Bank of Israel (BOI) shall furnish the
Palestinian Monetary Authority (PMA) with the relevant information and
reports relating to the activities of the banks operating in the West Bank
prior to the transfer of powers and responsibilities in this sphere.
- The BOI and the PMA will continue to have ongoing
discussions and exchange of information on matters of mutual interest,
including, in particular, banking and monetary issues.
- The BOI and PMA will cooperate in order to
facilitate the movement of "notes" between commercial banks and
other financial institutions and between them and the PMA in, within and
between the West Bank and the Gaza Strip.
ARTICLE 5
Civil
Administration Employees
- The Palestinian side will continue to employ the
Palestinian employees of the Civil Administration who are currently
employed, without derogating from the powers and responsibilities of the
Palestinian side to deal with all employee related matters. The Palestinian
side shall maintain the rights, including pension rights, of present and
former employees.
- In accordance with Article XX of the Agreement
(Rights, Liabilities and Obligations):
- 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.
- 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.
-
- 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.
- The Israeli side will provide the Palestinian
side with a list detailing the monthly loan repayments to be deducted and
transferred in respect of each employee or pension receiver under
subparagraph 3.a above.
ARTICLE 6
Commerce
and Industry
- This sphere includes, inter alia, import and
export, the planning, formulation and implementation of policies, as well
as the licensing and supervision of all industrial and commercial
activities, including commodities, services, weights and measures and the
regulation of commerce.
- In authorizing the establishment and operation of
industrial plants, factories or concerns in the West Bank and the Gaza
Strip, both sides shall ensure that there is no detrimental impact on the
environment, and on the safety of the other side. Matters regarding the
environment are dealt with in Article 12 (Environmental Protection).
- The production and use of weapons, ammunition or
explosives are dealt with in Article XIV of the Agreement and in Annex I.
- The economic aspects of this sphere are dealt
with in Annex V (Protocol on Economic Relations).
ARTICLE 7
Comptrol
Powers and responsibilities in the sphere of Comptrol in the West Bank
and the Gaza Strip will be transferred from the military government and its
Civil Administration to the Palestinian side.
This sphere includes,
inter alia, the institution of controls and proper supervision over the
activities of all offices of the Palestinian side, and the licensing of
auditors.
ARTICLE 8
Direct
Taxation
- Powers and responsibilities in the sphere of
Direct Taxation in the West Bank and the Gaza Strip will be transferred
from the Israeli side to the Palestinian side. This sphere includes, inter
alia, income tax on individuals and corporations, property taxes,
municipal taxes and fees, in accordance with Article V of the Protocol on
Economic Relations as replaced by Appendix 1 of the Supplement to the
Protocol (hereinafter - "Article V").
-
- 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.
- The powers and responsibilities of the Israeli
side for levying and collection of income tax and deduction at source,
with regard to Israelis (including corporations in which the majority of
shares which grant rights to distribution of profits are held by
Israelis) in respect of income accrued or derived in Area C outside the
Settlements and military locations, will be exercised according to the
Palestinian tax code and the tax collected will be remitted to the
Palestinian side.
- Tax enforcement in the West Bank and the Gaza Strip
shall be in accordance with applicable laws and in accordance with the
provisions of this Agreement.
- The provisions of this Article and of Article V
shall be implemented on 1.1.96. The provisions set forth in paragraphs 5-8
of Article V shall be in force until 31.12.96, and will continue for an
additional period upon the mutual agreement of the two tax authorities.
ARTICLE 9
Education
and Culture
Powers and responsibilities in the sphere of Education and Culture in
the West Bank and in the Gaza Strip will be transferred from the military
government and its Civil Administration to the Palestinian side. This sphere
includes, inter alia, responsibility over schools, teachers, higher education,
special education and private, public, non- governmental and other cultural and
educational activities, institutions and programs and all movable and immovable
education property.
ARTICLE 10
Electricity
Both sides have agreed to continue the negotiations concerning the
sphere of Electricity after the signing of this Agreement, with a view to
reaching an agreement within three months, based on the following merged
version, pending which the existing status quo in the sphere of electricity in
the West Bank and the Gaza Strip shall remain unchanged. IEC personnel and
equipment shall be guaranteed free, unrestricted and secure access to the
electricity grid.
(Merged
Version)
- The Israeli side shall transfer to the
Palestinian side, and the Palestinian side shall assume, all powers and
responsibilities in this sphere [I: in Areas A and B] [P: in the West
Bank] that are presently held by the military government and its Civil
Administration, including the power to set tariffs and issue licenses [P:
, as well as all existing property related to this sphere and the grid, as
defined in paragraph 4]. [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.]
- The Palestinian Energy Authority (PEA) will have
the authority to issue licenses and to set rules, tariffs and regulations
in order to develop electricity systems [I: under the responsibility of
the Palestinian side] in the West Bank. In addition, the PEA shall have
the right to construct transmission lines, distribution lines, power
stations and the [I: Palestinian part of the] inter-regional electricity
connection [I: scheme], in the West Bank. [I: Such construction which is
intended to be connected or related to the IEC grid, or which is in Area
C, shall be subject to prior Israeli consent.]
- Pending the establishment of an independent
Palestinian electricity supply system or of other supply sources, the
Israel Electric Company (IEC) shall continue to supply the electricity in
order to meet existing and future expected demand in the West Bank. All aspects
of supply of electricity to the Palestinian side by IEC shall be dealt
with in a commercial agreement, similar to commercial agreements and
prices agreed upon for major bulk Israeli consumers.
- For the purpose of this Article the term
"grid" shall include lines, cables, transformers, substations,
circuit-breakers, switches, protection devices and metering equipment, of
all different voltage levels. [P: The grid in the West Bank shall be
transferred to the Palestinian side] [I: IEC will retain full responsibility
for the operation, maintenance and development of the IEC grid. For this
purpose IEC personnel, vehicles and equipment shall be entitled to free,
unrestricted and secure access to this grid.]
- The Israeli side shall retain full responsibility
for the [I: supply of electricity to the Israeli settlements and the
military locations through the IEC grid.] [P: operation and maintenance of
the electricity supply systems within the Israeli settlements and the
military locations.]
- [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.]
- 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:
- The rehabilitation of existing distribution
systems.
- Upgrading of protection systems.
- Construction of control systems.
- Implementation of transmission and distribution
schemes.
- Both sides shall establish a Joint Electricity
Subcommittee. The functions of the committee shall be to deal with the
issues of mutual interest concerning electricity and to implement the
provisions of this Article including, inter alia: finalization of the
commercial agreement, cooperation in technical issues and arrangements
concerning the transfer of agreed systems.
[P:
- In light of the proposal that was submitted by
President Arafat in the last round of negotiations which was later
reassured by Mr. Perez, Israeli Foreign Minister, both sides shall agree
on an international arbitration company to deal with the transfer of the
electrical grid in the West Bank.]
ARTICLE 11
Employment
- Powers and responsibilities of the Civil
Administration in the sphere of Employment in the West Bank and the Gaza
Strip will be transferred to the Palestinian side.
- This sphere includes, inter alia, organizing and
planning, from the Palestinian side, the employment of the Palestinians
who work or intend to work in Israel and in the Settlements, as well as
collecting information and building a data base.
- The Palestinian side will provide the Israeli
side with details of Palestinian workers seeking jobs in Israel and in the
Settlements. When Israel makes positive decisions, Israel will issue the
necessary permits.
- The Israeli side will continue to provide the
assistance currently granted to Palestinian workers who work in Israel or
in the Settlements, regarding their social rights according to the
prevailing laws.
- A joint committee will be established after the
signature of this Agreement to set the procedures and arrangements
relating to this sphere and their implementation, including the matters of
employment injuries.
- Israel will provide the Palestinian side with
lists of all Palestinian employees from whose wages Israel deducts health
fees ("health stamp") and lists of retired Palestinian employees
receiving pensions paid through the Payment Section of the Israeli
Employment Service.
- Israel will notify the Palestinian side of
amendments made in the laws and regulations that relate to Palestinians
employed in Israel or in the Settlements.
- Issues relating to the placement and rights of
the Palestinians employed in Israel are dealt with in Article VII of Annex
V (Protocol on Economic Relations).
ARTICLE 12
Environmental
Protection
A. Transfer of Authority
The Palestinian side and
Israel, recognizing the need to protect the environment and to utilize natural
resources on a sustainable basis, agreed upon the following:
- This sphere includes, inter alia, licensing for
crafts and industry, and environmental aspects of the following: sewage,
solid waste, water, pest control (including anti-malaria activities),
pesticides and hazardous substances, planning and zoning, noise control,
air pollution, public health, mining and quarrying, landscape preservation
and food production.
- The Israeli side shall transfer to the
Palestinian side, and the Palestinian side shall assume, powers and
responsibilities in this sphere, in the West Bank and the Gaza Strip that
are presently held by the Israeli side, including powers and
responsibilities in Area C which are not related to territory.
In Area C, powers and
responsibilities in this sphere related to territory (which only include
environmental aspects of sewage, solid waste, pesticides and hazardous
substances, planning and zoning, air pollution, mining and quarrying, and
landscape preservation) will be transferred gradually to Palestinian
jurisdiction that will cover West Bank and Gaza Strip territory except for the
issues that will be negotiated in the permanent status negotiations, during the
further redeployment phases, to be completed within 18 months from the date of
the inauguration of the Council.
B.
Cooperation and Understandings
- Both sides will strive to utilize and exploit the
natural resources, pursuant to their own environmental and developmental
policies, in a manner which shall prevent damage to the environment, and
shall take all necessary measures to ensure that activities in their
respective areas do not cause damage to the environment of the other side.
- Each side shall act for the protection of the
environment and the prevention of environmental risks, hazards and
nuisances including all kinds of soil, water and air pollution.
- Both sides shall respectively adopt, apply and
ensure compliance with internationally recognized standards concerning the
following: levels of pollutants discharged through emissions and
effluents; acceptable levels of treatment of solid and liquid wastes, and
agreed ways and means for disposal of such wastes; the use, handling and
transportation (in accordance with the provisions of Article 38
(Transportation)) and storage of hazardous substances and wastes
(including pesticides, insecticides and herbicides); and standards for the
prevention and abatement of noise, odor, pests and other nuisances, which
may affect the other side.
- Each side shall take the necessary and
appropriate measures to prevent the uncontrolled discharge of wastewater
and/or effluents to water sources, water systems and water bodies,
including groundwater, surface water and rivers, which may affect the
other side, and to promote the proper treatment of domestic and industrial
wastewater, as well as solid and hazardous wastes.
- Both sides shall ensure that a comprehensive
Environmental Impact Assessment (EIA) shall be conducted for major
development programs, including those related to industrial parks and
other programs detailed in Schedule 2.
- Both sides recognize the importance of
establishing new industrial plants in their respective areas within
planned and approved industrial zones, subject to the preparation of
comprehensive EIAs, and shall endeavor to ensure compliance with the
above.
- Both sides recognize the importance of taking all
necessary precautions to prevent water and soil pollution, as well as
other safety hazards in their respective areas, as a result of the storage
and use of gas and petroleum products, and shall endeavor to ensure
compliance with the above.
- Pending the establishment of appropriate
alternative sites by the Palestinian side, disposal of chemical and
radioactive wastes will be only to the authorized sites in Israel, in
compliance with existing procedures in these sites. The construction,
operation and maintenance of the alternative facilities will follow
internationally accepted guidelines, and will be implemented pursuant to
the preparation of EIAs.
- Both sides shall cooperate in implementing the
ways and means required to prevent noise, dust and other nuisances from
quarries, which may affect the other side. To this end the Palestinian
side shall take all necessary and appropriate measures, in accordance with
the provisions of this Agreement, against any quarry that does not meet
the relevant environmental standards.
- Both sides recognize the importance of taking all
necessary and appropriate measures in their respective areas for the
monitoring and control of insect- transmitted diseases including sand
flies, anopheles and all other mosquito species, and shall endeavor to
ensure compliance with the above.
- Both sides shall cooperate in implementing
internationally accepted principles and standards relating to
environmental issues of global concern, such as the protection of the
ozone layer.
- Israel and the Palestinian side shall cooperate
in implementing principles and standards, which shall conform with
internationally accepted principles and standards, concerning the
protection of endangered species and of wild fauna and flora, including
restriction of trade, conservation of migratory species of wildlife and
preservation of existing forests and nature reserves.
- Israel and the Palestinian side shall respectively
operate an emergency warning system in order to respond to events or
accidents which may generate environmental pollution, damage or hazards. A
mechanism for mutual notification and coordination in cases of such events
or accidents will be established.
- Recognizing the unsatisfactory situation of the
environment in the West Bank, and further recognizing the mutual interest
in improving this situation, Israel shall actively assist the Palestinian
side, on an ongoing basis, in attaining this goal.
- Each side shall promote public awareness on
environmental issues.
- Both sides shall work on appropriate measures to
combat desertification.
- Each side shall control and monitor the transfer
of pesticides and any internationally banned and restricted chemicals in
their respective areas.
- Each side shall reimburse the other for
environmental services granted in the framework of mutually agreed
programs.
- Both sides shall cooperate in the carrying out of
environmental studies, including a profile, in the West Bank.
- For the mutual benefit of both sides, the
relevant Israeli authorities and the Palestinian Environmental Protection
Authority and/or other relevant Palestinian authorities shall cooperate in
different fields in the future. Both sides will establish an Environmental
Experts Committee for environmental cooperation and understandings.
ARTICLE 13
Fisheries
- This sphere includes, inter alia, licensing of
fishermen, marine agriculture and vessels, permits, in the Gaza Strip.
- Security restrictions are dealt with in Article
XIV (Security along the Coastline to the Sea of Gaza) of Annex I.
ARTICLE 14
Forests
- Powers and responsibilities in the sphere of
Forests in the West Bank and the Gaza Strip shall be transferred from the
military government and its Civil Administration to the Palestinian side.
This sphere includes, inter alia, the establishment, administration,
supervision, protection, and preservation of all forests (planted and
unplanted).
- In Area C, powers and responsibilities related to
the sphere of Forests will be transferred gradually to Palestinian
jurisdiction that will cover West Bank and Gaza Strip territory except for
the issues that will be negotiated in the permanent status negotiations,
during the further redeployment phases, to be completed within 18 months
from the date of the inauguration of the Council.
- The Palestinian side shall safeguard, protect and
preserve all forests in the West Bank and the Gaza Strip. The Palestinian
side shall take all necessary measures to ensure the protection and
prevention of damage to said forests.
- The Palestinian side shall have the right to
plant new forests for, inter alia, protection of soil from erosion and
desertification, and landscaping purposes, bearing in mind safety and
security considerations concerning main roads and infrastructure.
- Both sides shall cooperate in matters regarding
the protection and preservation of forests, including fire extinguishing
and pest control, and shall exchange information on issues relating to
pests, diseases and scientific research.
- The Israeli side shall coordinate with the
Palestinian side activities in Area C, outside Settlements and military
locations, which may change the existing status of this sphere.
ARTICLE 15
Gas,
Fuel and Petroleum
-
- 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.
- In Area C, powers and responsibilities regarding
exploration and production of oil and gas shall be transferred gradually
to Palestinian jurisdiction that will cover West Bank and Gaza Strip
territory except for the issues that will be negotiated in the permanent
status negotiations, during the further redeployment phases, to be
completed within 18 months from the date of the inauguration of the
Council.
- In authorizing the establishment and operation of
gas, fuel and petroleum facilities as defined in paragraph 1, the
Palestinian side shall ensure that there is no detrimental impact on the
environment or on the safety of Israel, the Settlements and military
installations and that a safety distance from Israel, the Settlements and
military installations is observed. Accordingly, the Palestinian side
shall apply the American, British and/or Israeli safety and environmental
standards.
- The color of all gas cylinders in use by
Palestinians in the West Bank and the Gaza Strip shall be different than
that in use in Israel and by Israelis.
-
- 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.
- Israel and the Palestinian side agree to
cooperate concerning production of oil and gas in cases of joint
geological structures.
-
- 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.
- In order to facilitate the movement of
transportation of gas or fuel products in the West Bank and the Gaza
Strip -
- The Palestinian side will issue permits to
Palestinian owners, drivers and escorts of vehicles transporting gas or
fuel products. The issue of such permits shall be governed by the
criteria regarding recruitment to the Palestinian police according to
this Agreement. The issue of such permits is not contingent upon the
approval of the Israeli side. The Palestinian side shall notify the
Israeli side of the permits issued by it.
- The Palestinian side shall ensure that vehicles
transporting gas or fuel products, as well as their parking lots, shall
be guarded against any theft or unauthorized use. The Palestinian side
shall inform the Israeli side, at the earliest opportunity, of any
suspected theft or unauthorized use of such vehicles.
- The Israeli side shall cooperate with the
Palestinian side with regard to the establishment by the Palestinian side
of 3-4 storage facilities for gas and petroleum, including in
facilitating, inter alia, location, land and technical assistance in order
to secure the purchasing needs of the Palestinians from the Israeli
market.
- Matters regarding the environment and
transportation are dealt with in Article 12 (Environmental Protection) and
Article 38 (Transportation), respectively.
ARTICLE 16
Government
and Absentee Land and Immovables
- Powers and responsibilities of the Custodian of
Government and Absentee Property (hereinafter "the Custodian")
in the West Bank and the Gaza Strip with regard to Government and Absentee
Land and immovables, shall be transferred from the military government and
its Civil Administration to the Palestinian side.
- In Area C, powers and responsibilities relating
to this sphere will be transferred gradually to Palestinian jurisdiction
that will cover West Bank and Gaza Strip territory, except for the issues
that will be negotiated in the permanent status negotiations, during the
further redeployment phases, to be completed within 18 months from the
date of the inauguration of the Council.
- The Palestinian side shall respect the legal
rights of Israelis (including corporations owned by Israelis) related to
Government and Absentee land located in the areas under the territorial
jurisdiction of the Council.
-
- The Palestinian courts shall be empowered to
deal with disputes regarding rights relating to land.
- 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.
- 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.
ARTICLE 17
Health
- Powers and responsibilities in the sphere of
Health in the West Bank and the Gaza Strip will be transferred to the
Palestinian side, including the health insurance system.
- The Palestinian side shall continue to apply the
present standards of vaccination of Palestinians and shall improve them
according to internationally accepted standards in the field, taking into
account WHO recommendations. In this regard, the Palestinian side shall
continue the vaccination of the population with the vaccines listed in
Schedule 3.
- The Palestinian side shall inform Israel of any
Israeli hospitalized in a Palestinian medical institution upon his or her
admission. Arrangements for moving such hospitalized Israelis shall be
agreed upon in the joint committee.
- The Palestinian side, on the one hand, and the
Israeli Ministry of Health or other Israeli health institutions, on the
other, shall agree on arrangements regarding treatment and hospitalization
of Palestinians in Israeli hospitals.
- The Israeli authorities shall endeavor to
facilitate the passage of Palestinian ambulances within and between the
West Bank and the Gaza Strip and Israel, subject to the provisions of
Annex I.
- Israel and the Palestinian side shall exchange
information regarding epidemics and contagious diseases, shall cooperate
in combating them and shall develop methods for exchange of medical files
and documents.
- The health systems of Israel and of the
Palestinian side will maintain good working relations in all matters,
including mutual assistance in providing first aid in cases of emergency,
medical instruction, professional training and exchange of information.
-
- 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.
- Notwithstanding the above, in all cases of the
emergency hospitalization in Israel of a sick or injured Palestinian not
arranged in advance via the Ministry of Health of the Council, the
Israeli hospital shall report to the Palestinian side directly and
immediately, and in any case not more than 48 hours after the admission,
the fact of the admission and the person's condition and diagnosis. The
report shall be made by telephone and fax and the Israel Ministry of
Health shall be informed at the same time. Within 24 hours of the receipt
of the said report, the Palestinian side must either give an undertaking
to cover all the costs of the hospitalization or remove the patient, by
its own means, to a Palestinian hospital. Should the Palestinian side
have done neither of these in the given time, the Israeli hospital shall
remove the patient in an Israeli vehicle and charge all costs to the Palestinian
side at the accepted Israeli rate. In all cases, the Palestinian side
shall cover all hospitalization costs from admission to discharge to the
territory of the Palestinian side. Should the Israeli hospital not report
as required to the Palestinian side, the hospital itself shall bear all
costs.
- A committee established through the CAC shall
facilitate coordination and cooperation on health and medical issues
between the Palestinian side and Israel.
- Imports of pharmaceutical products to the West
Bank and the Gaza Strip shall be in accordance with general arrangements
concerning imports and donations, as dealt with in Annex V (Protocol on
Economic Relations).
ARTICLE 18
Indirect
Taxation
- This sphere includes, inter alia, VAT, purchase
taxes on local production and import taxes, as well as any other indirect
taxes, as formulated in Annex V (the Protocol on Economic Relations).
- In order to foster regional trade between the
Palestinian territories and external markets, various storage facilities
can be established at the entry points at the Rafah and Allenby Bridge
terminals, for temporary storage purposes (by Palestinian companies and
the Palestinian Customs Department) before the customs clearance of goods.
The specific locations and arrangements for the above will be agreed upon
by the Joint Economic Committee. The administration of these storage
facilities will be according to the provisions relating to freight
shipments detailed in Article III of Annex V (the Protocol on Economic
Relations). Detailed arrangements and procedures will be agreed upon
between the two sides.
- If there will be additional entry points in which
paragraph 14.a of Article III of Annex V will be implemented, additional
storage facilities as those detailed in paragraph 2 above can be
established there too.
- While ongoing permanent Israeli businesses
situated in Area C outside the Settlements and military locations will be
registered for VAT purposes with the Israeli side, the rules of
Palestinian VAT legislation will apply to these businesses and the Israeli
side will transfer to the Palestinian side the net VAT collected from
these businesses after deduction of their refunds. The above will be
coordinated with the Palestinian side.
For this purpose, an Israeli includes a corporation in which the majority
of shares which grant rights to distribution of profits are held by
Israelis.
- Tax enforcement in the West Bank and the Gaza
Strip shall be in accordance with applicable laws and in accordance with
this Agreement.
ARTICLE 19
Insurance
- This sphere includes, inter alia, the licensing
of insurers and insurance agents, and the supervision of their activities,
including supervision of insurers' deposits and funds and the road safety
fund.
- Arrangements regarding the compulsory insurance
of motor vehicles and the compensation of road accident victims are dealt
with in Article XI (Insurance Issues) of Annex V (Protocol on Economic
Relations) (hereinafter: Article XI).
-
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.
1.
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.
- 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.
- 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.
- 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.
- All claims, including pending claims, against the
Existing Fund should not be brought before or heard by any Israeli court
or tribunal and should only be brought before the Palestinian Courts. To
this end, the two sides may take all necessary measures, including, if
possible, the enactment of legislation.
ARTICLE 20
Interior
Affairs
- Powers and responsibilities in the sphere of
Interior Affairs in the West Bank and the Gaza Strip will be transferred
from the military government and its Civil Administration to the
Palestinian side. This sphere includes, inter alia, licensing of
newspapers and publications and censorship of films and plays.
- Municipal affairs are dealt with in Article 24
(Local Government).
ARTICLE 21
Labor
- The sphere of Labor includes, inter alia, rights
of workers, labor relations, labor conciliation, safety and hygiene in
work places, labor accidents and compensation, vocational and professional
training courses, cooperative associations, professional work associations
and trade unions, heavy machinery equipment.
- The two sides shall establish agreed procedures
for mutual recognition of professional certificates and diplomas.
- The Palestinian side shall ensure the completion
of vocational and professional training courses currently being conducted
by the Civil Administration. In this regard, the Civil Administration
shall transfer to the Palestinian side a proportionate amount of fees
received on account of such courses, relating to the period following the
date of transfer.
- The Palestinian side shall continue to hold
vocational training courses, at least to the same extent as has been
undertaken by the Civil Administration, inter alia, in the following
professions: heavy-vehicle and public transport drivers, garage managers,
vehicle technicians, vehicle testers, driving teachers and driving school
managers.
- Cooperative Associations, Professional Work
Associations and Trade Unions should act in a manner that does not violate
the Cooperative Associations laws, the Professional Work Associations laws
and the Trade Unions laws.
- The Palestinian side shall inform the Israeli
side of any work related accident resulting in the injury of an Israeli.
The Israeli side may conduct an investigation of such an accident in
coordination with the Palestinian side.
- All matters regarding the production and use of
explosives and gunpowder shall be dealt with in Article XIV of this
Agreement and Annex I.
ARTICLE 22
Land
Registration
- Powers and responsibilities in the sphere of Land
Registration in the West Bank and the Gaza Strip will be transferred from
the military government and its Civil Administration to the Palestinian
side. This sphere includes, inter alia, registration in the Land Registry
of real estate transactions, First Registrations of land, registration of
courts, decisions, registration of parcelations pursuant to the Towns,
Villages and Buildings Planning Law, No. 79, of 1966, and the
administration of Land Registry offices and processes.
- In Area C, powers and responsibilities relating
to this sphere will be transferred gradually to Palestinian jurisdiction
that will cover West Bank and Gaza Strip territory, except for the issues
that will be negotiated in the permanent status negotiations, during the
further redeployment phases, to be completed within 18 months from the
date of the inauguration of the Council.
- The Palestinian side shall respect the legal
rights of Israelis (including corporations owned by Israelis) related to
lands located in the areas under the territorial jurisdiction of the
Council.
-
- The Palestinian courts shall be empowered to
deal with disputes regarding ownership of or rights relating to land.
- 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.
- 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.
ARTICLE 23
Legal
Administration
- Powers and responsibilities in the sphere of
legal administration shall be transferred from the military government and
its Civil Administration to the Palestinian Side.
- This sphere includes, inter alia:
- administration, planning and management of the
Palestinian Judicial system and its different organs;
- appointment of judges;
- licensing and supervision of lawyers;
- licensing and supervision of public notaries;
and
- registration of companies and intellectual
property rights, including, but not limited to, patents and trademarks.
- Registration of Companies:
- The Israeli side shall transfer to the
Palestinian side the Register of Companies in the West Bank.
- Each side shall allow persons or legal entities
of the other side to register companies in its register.
- Each side shall ensure that its Register of Companies
is open to the public for information.
- 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.
- Intellectual Property Rights:
- Intellectual property rights include, inter alia,
patents, industrial designs, trademarks, copyright and related rights,
geographical indications and undisclosed information.
-
- 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").
- 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.
- 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.
- Each side will recognize the undisclosed
information rights originating in the areas under the jurisdiction of the
other side.
-
- 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.
- 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.
- 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.
- 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.
- 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.
- Both sides shall ensure that their Registers are
open to the public.
- Legal issues regarding criminal and civil
jurisdiction of the Palestinian courts are dealt with in Annex IV (
Protocol concerning Legal Matters).
ARTICLE 24
Local
Government
- 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.
- 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.
- 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.
- 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.
- 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.
- Municipal authorities shall continue to supply
water and electricity from existing systems in accordance with existing
quantities and practices.
- 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.
ARTICLE 25
Nature
Reserves
- 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.
- 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.
- The Palestinian side shall safeguard and preserve
the Nature Reserves in accordance with established scientific standards.
- 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.
- 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.
- 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.
- The Israeli side shall coordinate with the
Palestinian side activities in Area C, outside Settlements and military
locations, which may change the existing status of this sphere.
ARTICLE 26
Parks
- 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.
- 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.
- 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.
- The two sides shall make arrangements, including
in matters relating to finance, for the mutual recognition of multi-site
tickets issued by either side.
- The above is without prejudice to the provisions
of Article 32 (Religious Sites) and Article 2 (Archaeology).
- The Israeli side shall coordinate with the
Palestinian side activities in Area C, outside Settlements and military
locations, which may change the existing status of this sphere.
ARTICLE 27
Planning
and Zoning
- 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.
- 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.
-
- 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.
- 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.
ARTICLE 28
Population
Registry and Documentation
- 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.
- 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).
- A Joint Committee will be established to solve
the reissuance of identity cards to those residents who have lost their
identity cards.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
.
investors, for the purpose of encouraging
investment;
a.
spouses and children of Palestinian residents; and
b.
other persons, for humanitarian reasons, in order
to promote and upgrade family reunification.
- 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.
-
.
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.
a.
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 valildity 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.
- 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.
- The Palestinian side shall ensure that visitors
referred to above shall not overstay the duration of their entry permit
and authorized extensions.
- The Palestinian side shall use, in the West Bank
and the Gaza Strip, Palestinian revenue stamps and shall determine their
required fees.
- The CAC will establish a subcommittee to
supervise the implementation of this Article.
ARTICLE 29
Postal
Services
- 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").
- The Palestinian side shall issue postage stamps
and postal stationery (hereinafter "stamps"), date stamps and
all other related materials, subject to the following provisions:
- 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 above-mentioned terms may be used.
- 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.
- In setting postal rates for international postal
services, both sides shall coordinate in such a way as to prevent mutual
economic harm.
- 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.
- 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.
-
- 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.
- 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.
- 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.
ARTICLE 30
Public
Works and Housing
- 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.
-
- 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.
- In exercising its powers and responsibilities in
Area C, the Israeli side shall, as far as possible, employ Palestinians
in carrying out road works.
-
- 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.
- 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.
-
- 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.
- 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.
- 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.
ARTICLE 31
Quarries
and Mines
- 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").
- 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.
-
- 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.
- 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.
- 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.
- The Israeli side shall consider any request by
Palestinian entrepreneurs to operate quarries in Area C on its merits.
ARTICLE 32
Religious
Sites
- 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.
- Both sides shall respect and protect the listed
below religious rights of Jews, Christians, Moslems and Samaritans:
- protection of the Holy Sites;
- free access to the Holy Sites; and
- freedom of worship and practice.
-
- 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.
- 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.
- Schedule 4 shall be updated commensurate with
the gradual transfer of responsibility in accordance with paragraph 1.
- The holy site of Nebi Musa shall be under the
auspices of the Palestinian side for religious purposes.
- 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.
ARTICLE 33
Social
Welfare
- 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.
- 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.
- Israeli and Palestinian social welfare systems
shall cooperate with regard to the following:
- Probation officers and preparation of briefs in
connection with juvenile offenses.
- Exchanging social reports needed for juvenile
offenders upon request.
- Arrangements to protect confidentiality and
individual privacy in the exchange of information.
- Both sides will maintain a positive working
relationship in the field of professional training.
ARTICLE 34
Statistics
- 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.
- Israel shall transfer from the Civil
Administration to the Palestinian side all the necessary material for
maintaining and running the statistical system, such as:
- The estimation procedures, forms of
questionnaires, manuals, coding manuals, procedures for and results of
quality control measures and analysis of surveys.
- The statistical maps.
- The sampling frames, including the household
listings.
- The basket of consumer goods and all related
material, including the weights used for the CPI.
- 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.
-
- 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.
- The Joint Committee shall decide upon the
modalities and arrangements concerning the transfer of the
above-mentioned materials.
- Issues relating to the right to be included in
the Population Registry are dealt with in Article 28 (Population Registry
and Documentation).
- The Israeli Central Bureau of Statistics and the
Palestinian Central Bureau of Statistics will maintain good working
relations and will cooperate in statistical matters.
ARTICLE 35
Surveying
- 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.
- 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.
- 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.
- The two sides shall establish a Joint Committee
of Experts to deal with any needs that may arise.
ARTICLE 36
Telecommunications
A. General
- 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:
-
- 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.
- 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
- 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.
- 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.
- 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).
- 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.
- 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.
- 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
- 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.
- 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.
-
- The frequencies specified in Schedule 5 shall
serve, inter alia, for the transmission of a television network and a
radio network.
- 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.
- The radio transmitter shall be located in the
area of Ramallah and Al-Bireh Cities, at the presently agreed site.
- 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
- 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.
- 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 A1 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 A1 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.
-
- 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.
- 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.
- 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.
- Without prejudice to paragraph 3 above:
- 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.
- 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.
-
- 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).
- 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.
- 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.
- 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.
- 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).
-
- 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.
- 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.
- 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.
ARTICLE 37
Tourism
- 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.
- 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.
- Tourism issues are dealt with in Article X of
Annex V (Protocol on Economic Relations).
- 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.
ARTICLE 38
Transportation
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:
- 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.
- High and appropriate transportation safety
standards and environmental quality shall serve as the basis for
cooperation and agreement in this sphere.
- 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.
- 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
- 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.
- 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.
- 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
- Signalization and Traffic Arrangements
- The Palestinian side shall have powers and
responsibilities regarding traffic signalization and traffic arrangements
in the areas under its territorial jurisdiction and shall cooperate with
the Israeli side concerning related activities that may disturb traffic
arrangements.
- 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.
- Public Transportation Permits
- Powers and responsibilities regarding Israeli
public transportation to and between Israel and the Settlements and
military locations shall be exercised by Israel.
- 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.
- Public Transportation Routes
- Palestinian public transportation routes in the
West Bank and Gaza Strip, except into Settlements and military locations,
shall be determined by the Palestinian side.
- 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.
- Public transportation routes will be as short
and safe as possible.
- Bus Stops
- Bus stops designated for the boarding and
alighting of passengers in the areas under Palestinian territorial
jurisdiction shall be determined by the Palestinian side.
- 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.
- Existing bus stops will be kept at Jewish Holy
Sites.
Vehicles
and Vehicle Maintenance
- 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.
- 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.
- 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.
- The import of vehicles by the Palestinian side
shall be according to Annex V, Article III, paragraphs 10 and 11.
- 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
- 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
-
- 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.
- 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.
- 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
- 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
- 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
- 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.
ARTICLE 39
Treasury
- 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.
- 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.
-
- 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.
- 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.
-
- The Civil Administration shall bring to an end
all its services and development contracts, and will bear the liability directly
arising from such termination.
- 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.
- 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.
- 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).
ARTICLE 40
Water
and Sewage
On the basis of good-will, both sides have reached the following
agreement in the sphere of Water and Sewage:
Principles
- 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.
- Both sides recognize the necessity to develop
additional water for various uses.
- 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:
- 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.
- Preventing the deterioration of water quality in
water resources.
- Using the water resources in a manner which will
ensure sustainable use in the future, in quantity and quality.
- Adjusting the utilization of the resources
according to variable climatological and hydrological conditions.
- Taking all necessary measures to prevent any
harm to water resources, including those utilized by the other side.
- Treating, reusing or properly disposing of all
domestic, urban, industrial, and agricultural sewage.
- Existing water and sewage systems shall be
operated, maintained and developed in a coordinated manner, as set out in
this Article.
- Each side shall take all necessary measures to
prevent any harm to the water and sewage systems in their respective
areas.
- 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
- 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.
- The issue of ownership of water and sewage
related infrastructure in the West Bank will be addressed in the permanent
status negotiations.
Additional
Water
- Both sides have agreed that the future needs of
the Palestinians in the West Bank are estimated to be between 70 - 80 mcm/year.
- 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:
- Israeli Commitment:
- Additional supply to Hebron and the Bethlehem
area, including the construction of the required pipeline - 1 mcm/year.
- Additional supply to Ramallah area - 0.5 mcm/year.
- Additional supply to an agreed take-off point
in the Salfit area - 0.6 mcm/year.
- Additional supply to the Nablus area - 1 mcm/year.
- The drilling of an additional well in the Jenin
area - 1.4 mcm/year.
- Additional supply to the Gaza Strip - 5 mcm/year.
- The capital cost of items (1) and (5) above
shall be borne by Israel.
- Palestinian Responsibility:
- An additional well in the Nablus area - 2.1 mcm/year.
- Additional supply to the Hebron, Bethlehem and Ramallah
areas from the Eastern Aquifer or other agreed sources in the West Bank
- 17 mcm/year.
- 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.
- The connecting pipeline from the Salfit
take-off point to Salfit.
- The connection of the additional well in the Jenin
area to the consumers.
- 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).
- The provisions of paragraphs 6-7 above shall not
prejudice the provisions of paragraph 1 to this Article.
- Israel shall assist the Council in the
implementation of the provisions of paragraph 7 above, including the
following:
- Making available all relevant data.
- Determining the appropriate locations for
drilling of wells.
- 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
- 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.
- The function of the JWC shall be to deal with all
water and sewage related issues in the West Bank including, inter alia:
- Coordinated management of water resources.
- Coordinated management of water and sewage
systems.
- Protection of water resources and water and
sewage systems.
- Exchange of information relating to water and
sewage laws and regulations.
- Overseeing the operation of the joint
supervision and enforcement mechanism.
- Resolution of water and sewage related disputes.
- Cooperation in the field of water and sewage, as
detailed in this Article.
- Arrangements for water supply from one side to
the other.
- Monitoring systems. The existing regulations
concerning measurement and monitoring shall remain in force until the JWC
decides otherwise.
- Other issues of mutual interest in the sphere of
water and sewage.
- The JWC shall be comprised of an equal number of
representatives from each side.
- All decisions of the JWC shall be reached by
consensus, including the agenda, its procedures and other matters.
- Detailed responsibilities and obligations of the
JWC for the implementation of its functions are set out in Schedule 8.
Supervision
and Enforcement Mechanism
- 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.
- 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
- 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.
- 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
- Both sides will cooperate in the field of water
and sewage, including, inter alia:
- 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.
- Cooperation concerning regional development
programs, in accordance with the provisions of Article XI and Annex IV of
the Declaration of Principles.
- Cooperation, within the framework of the joint
Israeli-Palestinian-American Committee, on water production and
development related projects agreed upon by the JWC.
- Cooperation in the promotion and development of
other agreed water-related and sewage-related joint projects, in existing
or future multi-lateral forums.
- Cooperation in water-related technology
transfer, research and development, training, and setting of standards.
- Cooperation in the development of mechanisms for
dealing with water-related and sewage related natural and man-made
emergencies and extreme conditions.
- Cooperation in the exchange of available
relevant water and sewage data, including:
- Measurements and maps related to water
resources and uses.
- Reports, plans, studies, researches and project
documents related to water and sewage.
- 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
- Each side shall take all necessary measures to
prevent any harm, pollution, or deterioration of water quality of the
water resources.
- Each side shall take all necessary measures for
the physical protection of the water and sewage systems in their
respective areas.
- 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.
- 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
- 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.
SCHEDULE 1
Archaeological
Sites of Importance to the Israeli Side
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.
SCHEDULE 2
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.
SCHEDULE 3
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:
- Vaccinations for infants:
- Vaccination against Hepatitis B:
- To an infant born in a hospital or in a
maternity home: at the ages of 0, 1, 6, months.
- To an infant born at home: at the ages of 1, 2,
6 months.
- Triple vaccination against Diptheria, Pertussis
and Tetanus (DPT):
Given at the ages of 2,
4, 6, 12 months.
- 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.
- 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).
- Vaccinations for children and youth:
- Against Poliomyelitis (OPV = SABIN) at the age
of 6 years.
- Against Measles - at the age of 6 years.
- 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).
- 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.
- Against Rubella, for girls only, at the age of
12 years.
- 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).
- Vaccination against Hepatitis B for specific
members of the population:
- 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.
- 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.
- 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.
- Vaccination against Meningococcal Meningitis type
A:
Given to pilgrims to
Saudi Arabia, 10 days before their departure via the Jordan River bridges.
SCHEDULE 4
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
SCHEDULE 5
List
of Approved Frequencies
Pursuant to Article 36, paragraph B.5 of this Appendix:
- L.F.
As soon as any need
arises.
- M.F.
Broadcast network.
Ramallah - 675khz.
- H.F.
To use it freely.
- 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
1.
* 150.250
2.
* 155.6625
3.
150.3875
4.
150.425
5.
155.5625
6.
162.500
7.
162.525
8.
162.5625
9.
162.6125
10.
162.6625
11.
162.6875
12.
167.5375
13.
167.575
14.
167.6125
15.
167.650
16.
167.6875
4.4.2 Tulkarm
17. *
150.2375
18. *
155.650
19. 150.3125
20. 150.3375
21. 150.3625
22. 155.575
23. 155.750
24. 162.5125
25.
162.575
26.
162.625
27.
162.650
28.
162.675
29.
167.475
30.
167.525
31.
167.5875
32.
167.6625
4.4.3 Jenin
33. *
150.2125
34. *
155.625
35. 150.2625
36. 150.400
37. 150.4375
38. 155.5375
39. 155.600
40. 155.675
41.
155.725
42.
155.7625
43.
162.475
44.
162.550
45.
162.600
46.
167.500
47.
167.550
48.
167.625
4.4.4 Nablus
49. *
150.225
50. *
150.350
51. *
155.6375
52. 150.2875
53. 150.300
54. 150.325
55. 150.375
56. 150.4125
57. 150.450
58. 155.550
59. 155.5875
60. 155.6215
61. 155.700
14.
155.7125
15.
155.7375
16.
155.775
17.
162.4875
18.
162.5375
19.
162.5875
20.
162.6375
21.
167.4875
22.
167.5125
23.
167.5625
24.
167.600
25.
167.6375
26.
167.675
4.4.5 Ramallah
27. *
150.2625
28. *
150.3625
29. *
155.675
30. 150.2125
31. 150.2375
32. 150.3125
33. 150.400
34. 150.4375
35. 155.5375
36. 155.575
37. 155.600
38. 155.625
39. 155.650
40. 155.725
41. 155.7625
16.
162.475
17.
162.5125
18.
162.550
19.
162.575
20.
162.600
21.
162.625
22.
162.650
23.
162.675
24.
167.475
25.
167.500
26.
167.525
27.
167.550
28.
167.5875
29.
167.625
30.
167.6625
4.4.6 Bethlehem
31. *
150.2875
32. *
155.700
33. 150.325
34. 150.375
35. 150.4125
36. 150.450
37. 155.550
38. 155.5875
39. 155.6215
40. 155.7375
11.
162.4875
12.
162.5375
13.
162.5875
14.
162.6375
15.
167.4875
16.
167.5125
17.
167.5625
18.
167.600
19.
167.6375
20.
167.675
4.4.7 Gaza
21. *
150.3125
22. *
155.725
23. *
155.7625
24. 150.2125
25. 150.2375
26. 150.2625
27. 150.3625
28. 150.400
29. 150.4375
30. 155.5375
31. 155.575
32. 155.600
33. 155.625
34. 155650
35. 155.675
36.
162.475
37.
162.5125
38.
162.550
39.
162.575
40.
162.600
41.
162.625
42.
162.650
43.
162.675
44.
167.475
45.
167.500
46.
167.525
47.
167.550
48.
167.5875
49.
167.625
50.
167.6625
4.4.8 Khan Yunis
51. *
150.325
52. *
155.7375
53. 150.375
54. 150.4125
55. 150.450
56. 155.550
57. 155.5875
58. 155.6215
59.
162.4875
60.
162.5375
61.
162.5875
62.
162.6375
63.
167.4875
64.
167.5625
65.
167.6375
66.
167.675
4.4.9 Rafah
67. *
150.3375
68. *
155.750
69. 150.3875
70. 150.425
71. 155.5625
72. 162.500
73. 162.525
74. 162.5625
75.
162.6125
76.
162.6625
77.
162.6875
78.
167.5375
79.
167.575
80.
167.6125
81.
167.650
82.
167.6875
4.4.10 Jericho
83. *
150.275
84. *
155.6875
85. 150.3875
86. 150.425
87. 155.5625
88. 162.500
89. 162.525
90. 162.5625
91.
162.6125
92.
162.6625
93.
162.6875
94.
167.5375
95.
167.575
96.
167.6125
97.
167.650
98.
167.6875
4.4.11 Hebron
99. *
150.300
100.
* 155.7125
101.
* 155.775
102.
150.225
103.
150.250
104.
150.275
105.
150.3375
106.
150.350
107.
150.3875
108.
150.425
109.
155.5625
110.
155.6375
111.
155.6625
112.
155.6875
113.
155.750
114.
162.500
115.
162.525
116.
162.5625
117.
162.6125
118.
162.6625
119.
162.6875
120.
167.5375
121.
167.575
122.
167.6125
123.
167.650
124.
167.6875
Notice:
125.
The frequencies marked with (*) are assigned for
exclusive use by the Palestinian side and can serve for multi-areas networks
and for trunking systems.
126.
All other frequencies are for use only at the
specific area since some of the frequencies are duplicated at various areas in
Israel.
127.
All frequencies are assigned to be used with
BW=2.5KHz and Power=up to 25 watts; all values are in MHz. The frequencies
marked with (*) can be used with unlimited power.
- S.H.F.
5.1 Microwave Links
5.1.1 TV Specific Links
For long distance use at
specific locations for TV transmission as detailed below:-
Location A
Tx Freq
(MHz)
Location B
Tx Freq
(MHz)
Pol
B.W.
(MHz)
Power
(dBm)
Ramallah 1
7519
Ramallah 2
7680
II
34TV
27
Ramallah 2
7624
Talita
7463
V
34TV
27
Talita
7519
Hebron
7680
H
34TV
27
Hebron
7624
Gaza
7463
H
34TV
27
Gaza
7519
Khan Yunis
7680
V
34TV
27
Ramallah 2
7680
Nablus
7519
V
34TV
27
Nablus
7463
Jenin
7624
H
34TV
27
Ramallah 1
23G
Ramallah
23G
V
34TV
27
The Palestinian side is requested to confirm the above microwave links topology
for the TV network.
5.1.2 7GHz Additional
Links
The links are for long
distance use at any location in the West Bank and the Gaza Strip for radio,
civil networks, Police networks, official networks and other uses. These links
can be duplicated in these areas; however, frequency assignment for specific
locations should be coordinated through the JTC.
The list of these links
at 7GHz band, is:-
Freq A
(MHz)
Freq B
(MHz)
B.W.
(MHz)
Power
(dBm)
1. 6640
6820
10
27
2. 6720
7060
10
27
5.1.3 23 GHz Microwave
Links
For short distance
exclusive use at any location in the West Bank and the Gaza Strip for any
service, the following frequencies are assigned:-
Freq A
(MHz)
Freq B
(MHz)
B.W.
(MHz)
Power
(dBm)
1. 21255
22455
28
27
2. 21295
22495
28
27
3. 21495
22695
28
27
4. 21610
22810
28
27
5. 22310
23510
28
27
- U.H.F. Trunking
6.1 Police and Official
Networks
The following sub-bands
are assigned at 410 to 450 MHz, for exclusive use for mobile service of Police
and official trunking networks, in the West Bank and the Gaza Strip.
0.
414 to 415.5 MHz
1.
424 to 425.5 MHz
6.2 Civil and Commercial
Networks
The following sub-bands
are assigned at 410 to 450 MHz, for exclusive use for mobile services of civil
and commercial trunking networks in the West Bank and the Gaza Strip.
2.
412.5 to 414 MHz
3.
422.5 to 424 MHz
4.
428.5 to 430 MHz
5.
438.5 to 440 MHz
- Satellite Services
Frequencies will be
assigned upon specific requests, for each station, through the JTC.
- GSM
Mutual participation
will be agreed in the JTC according to the planning of each side, and the
division of this section of frequencies will take into account the users ratio
of each side.
- E.H.F.
As soon as any need
arises.
SCHEDULE 6
List
of Approved TV Channels and the Locations of Transmitters
Pursuant to Article 36, paragraph B.5 of this Appendix:
Jericho
Channel 24
Nablus (Mt. Gerizim)
Channel 5
Jenin
Channel 31
Ramallah
Channel 25
Hebron
Channel 30
Gaza
Channel 31
SCHEDULE 7
Transportation
Arrangements
Pursuant to Article 38, paragraphs 6, 17 and 19 of this Appendix:
Note: To be attached.
SCHEDULE 8
Joint
Water Committee
Pursuant to Article 40, paragraph 15 of this Appendix, the obligations
and responsibilities of the JWC shall include:
- Coordinated management of the water resources as
detailed hereunder, while maintaining the existing utilization from the
aquifers as detailed in Schedule 10, and taking into consideration the
quantities of additional water for the Palestinians as detailed in Article
40. It is understood that the above-mentioned Schedule 10 contains average
annual quantities, which shall constitute the basis and guidelines for the
operation and decisions of the JWC:
- All licensing and drilling of new wells and the
increase of extraction from any water source, by either side, shall
require the prior approval of the JWC.
- All development of water resources and systems,
by either side, shall require the prior approval of the JWC.
- Notwithstanding the provisions of a. and b.
above, it is understood that the projects for additional water detailed
in paragraph 7 of Article 40, are agreed in principle between the two
sides. Accordingly, only the geo-hydrological and technical details and
specifications of these projects shall be brought before the JWC for
approval prior to the commencement of the final design and implementation
process.
- When conditions, such as climatological or
hydrological variability, dictate a reduction or enable an increase in
the extraction from a resource, the JWC shall determine the changes in
the extractions and in the resultant supply. These changes will be
allocated between the two sides by the JWC in accordance with methods and
procedures determined by it.
- The JWC shall prepare, within three months of
the signing of this Agreement, a Schedule to be attached to this
Agreement, of extraction quotas from the water resources, based on the
existing licenses and permits.
The JWC shall update
this Schedule on a yearly basis and as otherwise required.
- Coordinated management of water and sewage
systems in the West Bank, as follows:
- Existing water and sewage systems, which serve
the Palestinian population solely, shall be operated and maintained by
the Palestinian side solely, without interference or obstructions, in
accordance with the provisions of Article 40.
- Existing water and sewage systems serving
Israelis, shall continue to be operated and maintained by the Israeli
side solely, without interference or obstructions, in accordance with the
provisions of Article 40.
- The systems referred to in a and b above shall
be defined on Maps to be agreed upon by the JWC within three months from
the signing of this Agreement.
- Plans for construction of new water and sewage
systems or modification of existing systems require the prior approval of
the JWC.
SCHEDULE 9
Supervision
and Enforcement Mechanism
Pursuant to Article 40, Paragraph 17 of this Appendix:
- Both sides shall establish, upon the signing of
this Agreement, no less than five Joint Supervision and Enforcement Teams
(JSETs) for the West Bank, under the control and supervision of the JWC,
which shall commence operation immediately.
- Each JSET shall be comprised of no less than two
representatives from each side, each side in its own vehicle, unless
otherwise agreed. The JWC may agree on changes in the number of JSETs and
their structure.
- Each side will pay its own costs, as required to
carry out all tasks detailed in this Schedule. Common costs will be shared
equally.
- The JSETs shall operate, in the field, to
monitor, supervise and enforce the implementation of Article 40 and this
Schedule, and to rectify the situation whenever an infringement has been
detected, concerning the following:
- Extraction from water resources in accordance
with the decisions of the JWC, and the Schedule to be prepared by it in
accordance with sub- paragraph 1.e of Schedule 8.
- Unauthorized connections to the supply systems
and unauthorized water uses;
- Drilling of wells and development of new
projects for water supply from all sources;
- Prevention of contamination and pollution of
water resources and systems;
- Ensuring the execution of the instructions of
the JWC on the operation of monitoring and measurement systems;
- Operation and maintenance of systems for
collection, treatment, disposal and reuse, of domestic and industrial
sewage, of urban and agricultural runoff, and of urban and agricultural
drainage systems;
- The electric and energy systems which provide
power to all the above systems;
- The Supervisory Control and Data Acquisition
(SCADA) systems for all the above systems;
- Water and sewage quality analyses carried out in
approved laboratories, to ascertain that these laboratories operate
according to accepted standards and practices, as agreed by the JWC. A
list of the approved laboratories will be developed by the JWC;
- Any other task, as instructed by the JWC.
- Activities of the JSETs shall be in accordance
with the following:
- The JSETs shall be entitled, upon coordination
with the relevant DCO, to free, unrestricted and secure access to all
water and sewage facilities and systems, including those privately owned
or operated, as required for the fulfillment of their function.
- All members of the JSET shall be issued identification
cards, in Arabic, Hebrew and English containing their full names and a
photograph.
- Each JSET will operate in accordance with a
regular schedule of site visits, to wells, springs and other water
sources, water works, and sewage systems, as developed by the JWC.
- In addition, either side may require that a JSET
visit a particular water or sewage facility or system, in order to ensure
that no infringements have occurred. When such a requirement has been
issued, the JSET shall visit the site in question as soon as possible,
and no later than within 24 hours.
- Upon arrival at a water or sewage facility or
system, the JSET shall collect and record all relevant data, including
photographs as required, and ascertain whether an infringement has
occurred. In such cases, the JSET shall take all necessary measures to
rectify it, and reinstate the status quo ante, in accordance with the
provisions of this Agreement. If the JSET cannot agree on the actions to
be taken, the matter will be referred immediately to the two Chairmen of
the JWC for decision.
- The JSET shall be assisted by the DCOs and other
security mechanisms established under this Agreement, to enable the JSET
to implement its functions.
- The JSET shall report its findings and
operations to the JWC, using forms which will be developed by the JWC.
SCHEDULE 10
Data
Concerning Aquifers
Pursuant to Article 40, paragraph 20 and Schedule 8 paragraph 1 of this
Appendix:
The existing
extractions, utilization and estimated potential of the Eastern, North-Eastern,
and Western Aquifers are as follows:
Eastern Aquifer:
In the Jordan Valley, 40 mcm to Israeli users, from wells;
24 mcm to Palestinians, from wells;
30 mcm to Palestinians, from springs;
78 mcm remaining quantities to be developed from the Eastern
Aquifer;
Total = 172 mcm.
North-Eastern Aquifer:
103 mcm to Israeli users, from the Gilboa and Beisan springs,
including from wells;
25 mcm to Palestinian users around Jenin;
17 mcm to Palestinian users from East Nablus springs;
Total = 145 mcm.
Western Aquifer:
340 mcm used within Israel;
20 mcm to Palestinians;
2 mcm to Palestinians, from springs near Nablus;
Total = 362 mcm.
All figures are average
annual estimates.
The total annual
recharge is 679 mcm.
SCHEDULE 11
The
Gaza Strip
Pursuant to Article 40, Paragraph 25:
- All water and sewage (hereinafter referred to as
"water") systems and resources in the Gaza Strip shall be
operated, managed and developed (including drilling) by the Council, in a
manner that shall prevent any harm to the water resources.
- As an exception to paragraph 1., the existing
water systems supplying water to the Settlements and the Military
Installation Area, and the water systems and resources inside them shall
continue to be operated and managed by Mekoroth Water Co.
- All pumping from water resources in the
Settlements and the Military Installation Area shall be in accordance with
existing quantities of drinking water and agricultural water.
Without derogating from the powers and responsibilities of the Council,
the Council shall not adversely affect these quantities. Israel shall
provide the Council with all data concerning the number of wells in the
Settlements and the quantities and quality of the water pumped from each well,
on a monthly basis.
- Without derogating from the powers and
responsibilities of the Council, the Council shall enable the supply of
water to the Gush Katif settlement area and Kfar Darom settlement by Mekoroth,
as well as the maintenance by Mekoroth of the water systems supplying
these locations.
- The Council shall pay Mekoroth for the cost of
water supplied from Israel and for the real expenses incurred in supplying
water to the Council.
- All relations between the Council and Mekoroth
shall be dealt with in a commercial agreement.
- The Council shall take the necessary measures to
ensure the protection of all water systems in the Gaza Strip.
- The two sides shall establish a subcommittee to
deal with all issues of mutual interest including the exchange of all
relevant data to the management and operation of the water resources and
systems and mutual prevention of harm to water resources.
- The subcommittee shall agree upon its agenda and
upon the procedures and manner of its meetings, and may invite experts or
advisers as it sees fit.