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Opening of Negotiations on the Framework Agreement on Permanent Status – Safe Passage between the West Bank and the Gaza Strip

Donderdag, December 9, 2010 / Last Modified: Zaterdag, Januari 7, 2012

 

1. Preamble

A. Pursuant to the Wye River Memorandum of October 23, 1998 and the
Sharm el-Sheikh Memorandum on Implementation Timeline of Outstanding Commitments
of Agreements Signed and the Resumption of Permanent Status Negotiations
of September 4, 1999; and

In accordance with the Israeli-Palestinian Interim Agreement on the West
Bank and the Gaza Strip, signed in Washington, D.C. on September 28, 1995
(hereinafter “the Agreement”); and

With a view to implement Article X and the other related provisions of
Annex I to the Agreement “Protocol Concerning Redeployment and Security
Arrangements” (hereinafter “Annex I”),

both sides hereby agree to the following “Protocol Concerning Safe Passage
between the West Bank and the Gaza Strip” (hereinafter the “Protocol”).

B. This Protocol establishes the modalities for the use of safe passage.
The arrangements set out in this Protocol are subject to the Agreement and
are not in any way intended to derogate from any of its provisions,
including, inter alia, the provisions of the Agreement regarding passage
between the West Bank and Israel, between the Gaza Strip and Israel and
between the West Bank and the Gaza Strip.

C. This Protocol may be amended by a decision of both sides.

D. This Protocol will come into force upon the signing thereof by both
parties.

E. This Preamble is an integral part of this Protocol.

2. General Provisions

A. Article X of Annex I, and the attached map No. 6 delineate two routes
through which Israel will make safe passage available.

B.

  1. Israel will ensure safe passage for persons and transportation
    during daylight hours (from sunrise to sunset) or as otherwise agreed, but
    in any event not less than 10 hours a day.
  • Travelers will be required to commence their journey as follows,
    1. one and a half hours for travelers using private vehicles and
      taxis;
    2. two hours for commercial traffic and buses,

    before sunset on the day of the journey.

C.

  1. Safe passage will be effected by means of privately owned road
    vehicles and public transportation, as detailed in paragraph 5 below.
  • Safe passage shall be via the following designated crossing points:
    1. the Erez crossing point (for persons and vehicles only);
    2. the Karni crossing point (Commercial) (for goods only);
    3. the Tarkumya crossing point (for persons, vehicles and goods);
      and
    4. an additional crossing point around Mevo Horon.

D.

  1. The safe passage arrangements will not be available on Yom Kippur,
    Israel’s Memorial Day and Israel’s Independence Day.
  • Both sides may make special arrangements for other designated days, as
    agreed between them.

E. Israel shall signpost the safe passage routes clearly and shall take
all necessary measures to ensure smooth movement while preserving safety
and security on the route or routes in use on any specific day.

F. Except as provided in paragraph 3.H.2 below, the use of safe passage by
residents of the West Bank and the Gaza Strip does not afford them license
to be present in Israel except along the safe passage routes designated
for their use.

G. Israel may, for security or safety reasons, temporarily halt the
operation of a safe passage route or modify the passage arrangements while
ensuring that one of the routes is kept open for safe passage. Notice of
such temporary closure or modification shall be given to the Palestinian
side, through agreed channels, as far in advance as the circumstances will
allow.

H. Israel may deny the use of its territory for safe passage by persons
who have seriously or repeatedly violated the safe passage provisions
detailed in this Protocol or in the Agreement. Israel will notify the
Palestinian side, through agreed channels, of any decision to deny the use
of its territory as a result of such violations. The notification shall
include details of the violations giving rise to the denial. The
individual in question shall have the right to request, through the
Palestinian side, that Israel reconsider its decision.

I. Nothing in this Protocol will be construed as derogating from Israel’s
right to apply inspection measures necessary for ensuring security and
safety at the crossing points of the safe passage. Maximum efforts will be
made to maintain the dignity of persons using safe passage and to
implement inspection measures relying heavily on brief and modern
procedures.

J. Israel shall notify the Palestinian side of incidents involving persons
using safe passage routes through the agreed channels.

K. It is understood that the safe passage shall be operated on a
cost-reimbursement basis, in accordance with an agreement on the
modalities to be reached in the Joint Economic Committee.

L. Israel shall be compensated for damages incurred by Israel, Israelis or
their property as a result of the use of safe passage, in accordance with
an agreement on the modalities to be reached in the Joint Economic
Committee.

3. Use of Safe Passage

A. Residents of the West Bank and the Gaza Strip wishing to make use of
safe passage shall arrive with a safe passage card at the safe passage
terminal at one of the crossing points specified at paragraph 2.C.2 above,
where they will identify themselves by means of identification documents
as mentioned in paragraph 6, Article 28, Appendix 1, Annex III to the
Agreement.

B. After identification at the terminal, and after the validity check of
the safe passage card, travelers will be issued with safe passage slips
subject to the provisions of this Protocol and the Agreement, except for
persons provided for in paragraph 2.H above and paragraph 6 below.

C.

  1. The Palestinian side shall transfer to the Israeli side all
    applications for safe passage cards, after initial Palestinian security
    approval. The applications shall be in accordance with the agreed
    procedures (including the submission of all required information as well
    as two updated photographs).
  • The Israeli side shall respond to the applications within two working
    days. It is agreed that in all cases in which the photographs submitted
    with the application do not match the Israeli database, or in which the
    photograph of the individual does not appear in the Israeli database, the
    application shall not be processed and shall be returned to the
    Palestinian side.
  • Safe passage cards shall be issued in the relevant Israeli District
    Civil Liaison Office (DCL) in the West Bank or in the Regional Civil
    Affairs Subcommittee (RCAC) in the Gaza Strip.
  • On-duty Palestinian policemen and minors under age 14, traveling in
    accordance with the provisions of paragraphs 7 and 3.I below,
    respectively, shall not be required to receive a safe passage card for the
    use of safe passage.
  • Men over 50 and women shall generally receive their safe passage cards
    through the Palestinian side, except for special cases. The Israeli side
    will make all efforts to minimize such exceptions.
  • In light of the special nature of the safe passage, those persons whose
    applications for safe passage have been approved shall receive from the
    Israeli side their safe passage cards at the Israeli side of the District
    Coordination Offices (DCOs). An unarmed civilian Palestinian liaison
    officer shall be present throughout all stages of this process. Receipt of
    the safe passage card shall be contingent on the individual being
    definitively identified by the Israeli side, using the best available
    methods (including, in the near future, biometric information), as agreed
    upon by the two sides.

D. A safe passage card shall be valid for one year for multiple two-way
journeys on the safe passage routes. Travelers can only use safe passage
within the operation time as provided for in paragraphs 2.B.1 and 2.B.2
above.

E. Upon completion of the journey, the safe passage slips and safe passage
stickers shall be returned to the Israeli authorities at the destination
crossing point.

F. Residents of the West Bank and the Gaza Strip in possession of permits
enabling them to enter Israel will be able to use these permits as safe
passage cards, subject to the conditions of such permits and to the
modalities set out in this Protocol.

G.

  1. Individual safe passage slips will be issued and stamped by the
    Israeli authorities at the crossing points, with the time of departure
    from the crossing point and the estimated time of arrival (hereinafter
    “the designated time”).
  • The designated time shall enable completion of the journey within a
    reasonable time.

H.

  1. Persons and vehicles using safe passage under these arrangements
    shall neither break their journey nor depart from the designated routes,
    and shall complete the passage within the designated time, unless a delay
    is caused by a medical emergency or a technical breakdown.
  • Notwithstanding paragraph 3.H.1 above, in the case of a medical
    emergency travelers may drive directly to the nearest hospital or first
    aid station. Such travelers will be required to report the incident to the
    relevant authorities at the destination crossing point as soon as
    circumstances allow.
  • In the case of a technical breakdown, travelers must remain on the safe
    passage route with their vehicles until the arrival of the Israeli police
    and follow their instructions. In addition, travelers may stop another
    vehicle using safe passage and request the driver to inform the
    authorities at the destination crossing point of the case.

I.

    1. Minors under the age of 16 who are accompanied by a parent and
      registered in the identity card of that parent will not be required to
      carry individual safe passage cards.
  • Such minors shall identify themselves via the identity card of the
    accompanying parent.
    1. Minors who are not accompanied by a parent may also use safe
      passage without carrying a safe passage card provided that:

      1. they are under the age of 14; and
      2. they are accompanied by an adult (18 or over).
    2. Such minors shall identify themselves by means of a birth certificate
      or a certified copy of the parent’s identity card in which they are
      registered.

J. Persons and vehicles shall not carry explosives, firearms or other
weapons or ammunition except for special cases that may be agreed by both
sides. Transportation of dangerous substances shall be in accordance with
the provisions of the Agreement.

4. Use of Safe Passage Routes by Visitors from Abroad

A. Provisions of the Agreement and this Protocol regarding the use of safe
passage will apply to visitors to the West Bank and the Gaza Strip from
abroad, without derogating from the provisions of the Agreement concerning
visitors.

B. Visitors will identify themselves by means of: (i) valid visitors’
permits; and (ii) passports or travel documents when using the safe
passage.

5. Use of Vehicles on Safe Passage Routes

A.

  1. Residents of the West Bank and the Gaza Strip wishing to use their
    privately owned vehicles to travel along the safe passage shall apply for
    a vehicle safe passage permit through the Palestinian side. The Israeli
    side shall respond to such applications within five working days. Such
    applications shall include the identification documents referred to in
    paragraph 3.A above; safe passage cards or permits enabling them entry
    into Israel; valid drivers’ licenses; valid vehicle licenses; and valid
    insurance policies. The vehicle safe passage permits shall be issued in
    the relevant Israeli DCL in the West Bank or in the RCAC in the Gaza Strip
    and transferred to the Palestinian side.
  • In addition to the above, the two sides may agree on specific
    categories or persons who may use a vehicle not owned by them. Such
    categories include, inter alia: (i) persons employed by the Palestinian
    Authority driving a vehicle owned by the Palestinian Authority; (ii)
    persons employed by a private company driving a vehicle owned by the
    private company; and (iii) taxi drivers (only one designated driver per
    taxi). In such cases, in addition to all other requirements of this
    Protocol, the person shall be required to possess and submit a written
    permit signed by the Palestinian side and by the vehicle-owner authorizing
    that person’s use of the vehicle for safe passage.

B.

  1. On the day of the journey, the drivers will arrive at the safe
    passage terminal at the departure crossing point with their vehicle safe
    passage permits; safe passage cards or permits enabling them entry into
    Israel; identity cards; valid drivers’ licenses; valid vehicle licenses;
    valid insurance policies; and, if applicable, the permit referred to in
    paragraph 5.A.2 above. After identification, and after the validity check
    of the vehicle safe passage permit, drivers will be issued with an
    individual safe passage slip and a safe passage sticker, to be displayed
    on the right-hand side of the front windshield of the vehicle.
  • The names of all passengers traveling in the vehicle shall be listed on
    a separate document to be attached to the driver’s safe passage slip.
  • Persons listed as travelers in a particular vehicle must remain with
    the vehicle for the full duration of their safe passage journey, except
    for the medical emergencies provided for in paragraph 3.H.2 above.

C. Residents of the West Bank or the Gaza Strip in possession of valid
permits enabling them to enter Israel with their vehicles, will be able to
use these permits as vehicle safe passage permits, subject to the
conditions of such permits and to the modalities set out in this
Protocol.

D.

  1. Vehicle safe passage permits shall be valid for not less than three
    months from the date of issuance, for multiple two-way journeys.
  • Certain persons who are acceptable to both sides will be issued vehicle
    safe passage permits, the validity of which shall be for more than the
    period specified in paragraph 5.D.1 above and up to one year. Such permits
    shall be issued provided that the Joint Civil Affairs Coordination and
    Cooperation Committee (CAC) had applied for them through the relevant DCL
    in the West Bank or the RCAC in the Gaza Strip.

E. All vehicles used by residents of the West Bank and the Gaza Strip for
the purpose of traveling via safe passage must have valid licensing in
accordance with Article 38, Appendix 1, Annex III to the Agreement and at
least valid compulsory insurance policies, in accordance with Article 19,
Appendix 1, Annex III to the Agreement, and Article XI, Annex V to the
Agreement.

F. All vehicles used for the purpose of safe passage shall meet Israeli
standards and applicable Israeli law.

G.

  1. “Sterile” public transportation vehicles shall operate between
    Tarkumya and Erez crossing points.
  • The public transportation vehicles will be designated for the purpose
    of safe passage only.
  • The public transportation vehicles as well as their drivers should be
    acceptable to both sides.

H. In special emergency related cases, to be handled through agreed
channels, safe passage may be used by privately owned vehicles without
having submitted an application in advance.

6. Use of Safe Passage by Persons Denied Entry into Israel

A. Persons who are denied entry into Israel will use safe passage by means
of shuttle buses which will he escorted by Israeli security forces
vehicles, and which will operate from 7:00 AM to 2:00 PM on Mondays and
Wednesdays of every week.

B. Applications by persons denied entry into Israel to use the safe
passage must be submitted to, and agreed upon, at least five working days
prior to the planned journey.

C. Cases of persons denied entry into Israel whose applications to use
safe passage are not agreed upon shall he discussed in the agreed
channels.

D.

  1. Persons denied entry into Israel who have used the safe passage will
    be able to return that same day to their original point of departure via
    the mechanism established in paragraph 6.A above.
  • Persons denied entry into Israel and who have used the safe passage
    will be able to return to their original point of departure by shuttle bus
    within two weeks following the date of departure with notification through
    the agreed channels at least 1 working day prior to the planned
    journey.
  • Persons denied entry into Israel and who have stayed for a period in
    excess of that specified in paragraph 6.D.2 above, will be required to
    submit applications as provided for in paragraph 6.B above.

E.

  1. The aforementioned shuttle buses shall have Palestinian registration
    and shall be driven by Palestinian residents.
  • The aforementioned shuttle buses as well as their drivers should be
    acceptable to both sides.

7. Passage of Palestinian Police

A. In accordance with paragraph 2.g, Article X of Annex I, uniformed and
plainclothes Palestinian policemen required to use the safe passage so as
to perform their duty in the West Bank and the Gaza Strip, or Palestinian
policemen other than in instances covered by paragraph 7.E below, using
privately owned vehicles, official vehicles or other means of
transportation, will be able to use the safe passage after the Palestinian
police has submitted an application and after that application was
approved, through the relevant DCO two working days prior to the planned
journey.

B. Palestinian policemen provided for in paragraph 7.A above and
Palestinian police vehicles and equipment moving between the West Bank and
the Gaza Strip via safe passage shall be escorted by Israeli security
forces vehicles.

C. When in safe passage, the weapons of the Palestinian policemen will be
handed over to the Israeli police and placed in a closed trailer affixed
to the Israel police vehicle. A Palestinian policeman may travel in the
aforementioned Israeli police vehicle. The vehicle shall be driven by a
member of the Israeli police. Upon completion of the safe passage journey
the weapons shall be handed over to the Palestinian officer in charge in
the DCO.

D. Cases of usage of safe passage by Palestinian policemen requiring
special attention and arrangements will be dealt with and coordinated
through the Joint Coordination and Cooperation Committee for Mutual
Security Purposes (JSC).

E. The provisions set out in this Protocol and in the Agreement relating
to regular persons will apply to Palestinian policemen using safe passage
when off duty. Such policemen may only use safe passage when unarmed and
out of uniform.

8. Use of Safe Passage for Commercial Traffic

A. Goods transferred to or from the Gaza Strip via the safe passage will
enter or leave the Gaza Strip through the Karni (Commercial) crossing
point.

B. Commercial vehicles carrying goods from the West Bank to the Gaza Strip
via safe passage will travel along the relevant safe passage route as far
as the Yad Mordechai Junction, and from there branch off to Karni as
indicated on Map No. 6 (attached to the Agreement). Commercial vehicles
carrying goods from the Gaza Strip to the West Bank will follow the same
routes in reverse.

C. All provisions of this Protocol and the Agreement relating to use of
vehicles on safe passage routes shall apply to the use of commercial
vehicles.

D. The provisions in this paragraph 8 shall not prejudice any other
mechanism established in the Agreement, or based on the Agreement, with
respect to passage of goods.

E. Further details concerning commercial traffic will be agreed upon in a
special sub-committee in the CAC. Until decided otherwise, the current
arrangements adopted by the CAC concerning commercial traffic shall remain
in effect.

9. Future Meetings for Improving Operation of the Safe Passage

A Continuing Safe Passage Committee shall meet regularly to supervise the
implementation of this Protocol and to discuss ways to improve the safe
passage operation, as agreed between both sides.

10. Use of Safe Passage by the Ra’ees of the Executive Authority

Arrangements for the use of safe passage by the Ra’ees of the Executive
Authority shall be discussed in a special sub-committee through the
JSC.

11. Final Clauses

A. Consistent with paragraph 6, Article XXXI of the Agreement, the
arrangements included in this Protocol are without prejudice to the
permanent status negotiations.

B. There shall be a Liaison Bureau at agreed locations close to each of
the safe passage crossing points. In addition, the Palestinian side shall
establish coordination points at agreed locations on the roads leading to
the crossing points. The function of the coordination points shall be to
ensure the smooth and orderly movement of persons and vehicles to the
crossing points, in accordance with their capacity.

C. In between the operation of the Southern crossing point of the safe
passage and the Northern crossing point of the safe passage, Israel will
facilitate arrangements for the movement between the West Bank and the
Gaza Strip, using non-safe passage routes other than the Southern route of
the safe passage.

 

-- Reacties gesloten.