GAZA-JERICHO AGREEMENT
ANNEX II
PROTOCOL CONCERNING CIVIL
AFFAIRS
<TOPINSERT>
Article
I
Liaison
and Coordination in Civil Matters
I.
Joint Civil Affairs
Coordination and Cooperation Committee
1.
Joint Civil Affairs
Coordination and Cooperation Committee (hereinafter "the CAC") is
hereby established.
2.
The functions of the CAC are
to coordinate between the Palestinian Authority on one hand, and Israel and the
Civil Administration that shall continue to function in the rest of the West
Bank on the other hand, concerning the following day-to-day matters:
i.
Civil matters, including issues concerning the
transfer of powers and responsibilities from the Israeli military government
and its Civil Administration to the Palestinian Authority.
Matters arising with regard
to roads, power lines and other infrastructure which require coordination
according to this Agreement.
ii. Questions
regarding passage to and from the Gaza Strip and the Jericho Area and safe
passage between the Gaza Strip and the Jericho Area, including crossing points
and international crossings.
iii. Day-to-day
contacts between the two sides as regards matters such as employment permits,
hospitalization, transportation licensing, transfer of information, etc.
iv. Joint
projects, matters of mutual interest and other matters requiring coordination
and cooperation.
3.
The CAC shall be comprised of
an equal number of representatives from Israel and from the Palestinian
Authority, and shall convene at least once a month unless otherwise agreed.
Each side may initiate the convening of a special meeting on short notice.
4.
The CAC shall determine by
agreement its mode of procedure.
5.
Matters of principle and
policy not settled within the CAC shall be passed on to the Joint
Israeli-Palestinian Liaison Committee.
II.
Joint Regional Civil Affairs Subcommittees
1.
The CAC shall establish two Joint Regional Civil
Affairs Subcommittees (hereinafter "the Subcommittees") for the Gaza
Strip and the Jericho Area respectively.
2.
Each Subcommittee shall deal with the day-to-day
civil affairs matters as detailed in paragraph A.2 above.
The Jericho Area Subcommittee shall also coordinate the relations between the
Palestinian Authority and the military government and Civil Administration in
the rest of the West Bank.
3.
Each Subcommittee may establish ad hoc working
groups if and when the need arises.
4.
Each Subcommittee shall be comprised of an equal
number of representatives from Israel and from the Palestinian Authority and
shall convene no less than once every two weeks.
III.
General
1.
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.
2.
Each side shall inform the
other of its representatives to each committee prior to a meeting. Meetings of
the CAC and its subcommittees shall be organized and hosted by the two sides
alternately unless otherwise agreed.
1.
The provisions detailed above
shall not impede daily contacts between representatives of Israel and of the
Palestinian Authority in all matters of mutual concern.
Article II
Transfer of Powers and Responsibilities of the Civil Administration
1.
The transfer of powers and
responsibilities from the Israeli military government and its Civil
Administration to the Palestinian Authority shall be coordinated through the
CAC and implemented in accordance with the following arrangements in a smooth,
peaceful and orderly manner.
2.
Preparations for the transfer
of such powers and responsibilities shall commence immediately upon the signing
of this Agreement, and shall be completed within 21 days.
i.
The Israeli authorities shall provide all necessary
assistance to the Palestinian Authority, including access to offices,
registers, records, systems and equipment and all necessary information, data
and statistics required for the transfer of powers and responsibilities.
ii.
Israel shall provide the Palestinian Authority with
all the details as described in subparagraph 38 below.
3.
On the date fixed for the
transfer of powers and responsibilities, Israel shall transfer from the
possession of the Israeli military government and its Civil Administration to
the Palestinian Authority offices, budgetary allocations, financial funds and
accounts, equipment, registers, files, computer programs and other movable
property necessary for its functioning.
I.
All powers and responsibilities of the Civil
Administration shall be transferred to the Palestinian Authority in the Gaza
Strip and the Jericho Area, in accordance with the following provisions:
1.
Interior Affairs:
This sphere includes, inter
alia, municipal affairs, licensing of newspapers and publications, censorship
of films and plays and appointment of Mukhtars. In the Gaza Strip, this sphere
shall also include fire fighting and Ottoman Societies.
2.
Fisheries:
i.
This sphere includes, inter
alia, licensing of fishermen, marine agriculture and vessels' permits.
ii. Security
restrictions are dealt with in Annex I, Article XI.
3.
Surveying:
This sphere includes, inter
alia, licensing of surveyors and performing surveys in areas falling within the
Palestinian Authority's jurisdiction.
4.
Statistics:
i.
The transfer of powers and
responsibilities in this sphere includes inter alia transfer of research
reports and publications prepared by the Department of Statistics.
ii. The
application and validity of censuses which may be conducted by the Palestinian
Authority shall be subject to the provisions of subparagraph 27.l below.
iii. Methods
of cooperation regarding the collection of data on the movement of goods,
services and labor between Israel and the Gaza Strip and the Jericho Area is
dealt with in Annex IV.
5.
Comptrol
6.
Civil Administration
Employees:
The
Palestinian Authority assures that it shall keep employing the present
Palestinian Civil Administration employees in the Gaza Strip and the Jericho
Area and shall maintain their rights.
7.
Legal Administration:
i.
This sphere includes, inter alia, administration of
the Palestinian judiciary system in the Gaza Strip and the Jericho Area,
licensing of lawyers, registration of companies and registration of patents and
trademarks in these areas.
ii.
Legal issues regarding commercial and civil
jurisdiction, as well as legal assistance, are dealt with in Annex III.
8.
Labor:
i.
Israel and the Palestinian Authority shall establish
agreed procedures for mutual recognition of professional certificates and
diplomas.
ii.
Restrictions regarding supervision and licensing of
the production and use of explosives and gunpowder shall be in accordance with
Annex I, Article VIII, paragraph 8.
9.
Education:
Israel
and the Palestinian Authority shall ensure that their respective education
systems contribute to the peace between Israel and the Palestinian people and
peace in the entire region.
10.
Social Welfare:
This
sphere includes, inter alia, registration and supervision of charitable
societies.
11.
Assessments
12.
Housing
13.
Tourism:
i.
This sphere includes, inter alia, the licensing of
hotels, souvenir shops and travel agents.
ii.
Tourism policy in general, and coordination between
Israel and the Palestinian Authority, are dealt with in Annex IV.
14.
Parks:
Transfer
of powers and responsibilities in this sphere is without prejudice to the
provisions applying to religious and archaeological sites.
15.
Religious Affairs:
i.
The Palestinian Authority shall ensure free access
to all holy sites in the Gaza Strip and the Jericho Area determined by the
respective religious sects and shall protect these sites.
ii.
The above is without prejudice to the arrangements
with regard to archaeological sites as set out in subparagraph 30 below.
iii.
Visitors to holy sites shall behave according to
accepted rules of behavior in holy sites.
iv.
Religious sects shall inform the Palestinian
Authority of their respective holy sites in the Gaza Strip and the Jericho
Area. For the purposes of this paragraph, the relevant authority regarding
Jewish holy sites shall be the Israeli Government.
v.
A list of the existing Jewish holy sites is attached
as Appendix A attached to this Annex.
vi.
Israel declares that no property (including lands,
buildings and institutions) belonging to the Islamic Waqf in the Gaza Strip and
the Jericho Area was taken by the milgovernment or its Civil Administration, except
such property that might have been put to use for public purposes such as
schools and public roads.
vii.
Pending the entry into force of the Interim
Agreement the holy site of Nebi Mousa shall be under the auspices of the
Palestinian Authority for religious purposes.
viii.
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.
ix.
Religious affairs in the "Shalom Al
Israel" synagogue in Jericho shall be under the auspices of the Israeli
authorities.
16. Employee Pensions:
i.
This sphere includes, inter
alia, the pension rights of employees of the Civil Administration as well as
employees of other bodies who are entitled to pensions from the Civil
Administration in the Gaza Strip and the Jericho Area.
ii. As
part of its powers and responsibilities, the Palestinian Authority shall assume
the Civil Administration's statutory and contractual obligations to Palestinian
employees, regarding pensions and their payment.
iii. In
the Gaza Strip, upon the transfer of powers and responsibilities, the
Palestinian Authority shall assume prevailing powers and obligations, according
to the existing pension system.
Israel shall transfer to the Palestinian Authority, or to a Pension and
Insurance Fund if established, the net income of the Fund (all payments plus
interest after deduction of pension payments and running expenses) as
accumulated at the Israel Ministry of Finance.
iv. In
the Jericho Area, the Palestinian Authority shall assume responsibility for
payment of a budgetary pension.
v. After
the transfer of authorities in this sphere, if Israel is sued by any employee
or his/her heirs for any sums due to him/her as a pension, the Palestinian
Authority shall reimburse Israel the full amount awarded the employee or
his/her heirs by any court or tribunal.
vi. Where
legal proceedings are brought in respect of such a claim, Israel will notify
the Palestinian Authority and enable it to participate in defending the claim.
17. Commerce and Industry:
i.
This sphere includes, inter
alia, licensing of crafts and industries, supervision of commodities and
services and of weights and measures, and the regulation of commerce.
ii. The
Palestinian Authority shall make arrangements to ensure safety conditions for
the production, use and transportation of fuel and gas.
iii. The
production and use of weapons, ammunition or explosives are dealt with in Annex
I, Article VIII, paragraph 8.
iv. The
economic relations between Israel and the Gaza Strip and the Jericho Area, and
questions relating to imports to and exports from the Gaza Strip and the
Jericho Area, are dealt with in Annex IV.
v. Matters
regarding the environment are dealt with in subparagraph 35. below.
18.
Health:
i.
This sphere includes, inter alia, the health
insurance system.
ii.
The Palestinian Authority shall apply the present
standards of vaccination of Palestinians and shall improve them according to
internationally-accepted standards in the field.
iii.
The Palestinian Authority shall inform Israel of any
Israeli hospitalized in a Palestinian hospital as outlined in Annex I, Article
II. Arrangements for moving such hospitalized Israelis shall be agreed upon in
the CAC.
iv.
Israel and the Palestinian Authority shall agree on
arrangements regarding treatment and hospitalization of Palestinians in Israeli
hospitals.
v.
Israel and the Palestinian Authority shall exchange
information regarding epidemics and contagious diseases and shall develop
methods for exchange of medical files and documents.
vi.
Import of pharmaceuticals to the Gaza Strip and the
Jericho Area through Israeli sea ports and airports shall be in accordance with
general arrangements concerning imports, as dealt with in Annex IV.
19.
Transportation:
i.
This sphere includes, inter alia, licensing of
public transportation.
ii.
In exercising its powers and responsibilities, the
Palestinian Authority shall make appropriate arrangements for the continued
operation of existing Israeli public transportation lines to the Settlements.
iii.
High and appropriate international transportation
standards shall be applied in the Gaza Strip and the Jericho Area.
iv.
Regulations in the transportation sphere shall
continuously adapt to improvements in international standards due to the
dynamics of technology and environmental considerations. Due consideration
shall be given to compatibility between the standards of the Palestinian
Authority and of Israel.
v.
Regulations in the transportation field, including
traffic signalization, shall be applied with a view to assuring the safety of
all persons, to contributing to economic growth and to protecting the common
environment.
vi.
Regarding meteorology, there shall be mutual
assistance and cooperation between the Israeli and the Palestinian weather
forecasting offices.
vii.
The issue of establishing transport and communication
lines to and from the Jericho Area and the Gaza Strip to Israel and the West
Bank is dealt with in Appendix B attached to this Annex.
viii.
The arrangements regarding the transfer of
authorities concerning maritime activity and aviation are dealt with in Annex
I.
20.
Agriculture:
i.
Israel and the Palestinian Authority shall do their
utmost to preserve and improve the veterinary standards.
ii.
Israel and the Palestinian Authority shall take all
measures to reach equivalent and compatible standards regarding animal disease
control, including mass vaccination of animals and avians, quarantines,
"stamping out" measures and residue control standards.
iii.
Mutual arrangements shall be made to prevent the
introduction and spread of plant pests and diseases, for their eradication, as
well as arrangements concerning residue control standards in plant products.
iv.
The veterinary and the plant protection authorities
of Israel and the Palestinian Authority shall coordinate and regularly exchange
information regarding animal diseases, as well as plant pests and diseases, and
shall establish a mechanism for immediate notification of the outbreak of such
diseases.
v.
Economic relations in the agricultural sphere
between Israel and the Palestinian Authority, including transfer of
agricultural goods, are dealt with in Annex IV.
vi.
Experts from both sides shall discuss the details of
the arrangements regarding veterinary and plant protection within the CAC.
21.
Employment:
i.
Procedures for distributing employment permits to
work in Israel and in the Settlements shall be agreed upon between Israel and
the Palestinian Authority.
ii.
Arrangements concerning the rights of employees and
workers from the Gaza Strip and the Jericho Area working in Israel are dealt
with in Annex IV.
22.
Land Registration:
All
powers and responsibilities regarding land registration will be transferred to
the Palestinian Authority, except the Settlements and the Military Installation
Area.
23.
Nature Reserves:
i.
Israel and the Palestinian Authority shall safeguard
and preserve nature in general and shall protect species of animals, plants and
flowers of special breeds.
ii.
The Palestinian Authority shall respect the existing
status of declared nature reserves and shall safeguard them.
24.
Electricity:
i.
The Palestinian Authority shall continue, as
appropriate, to buy electric power from the Jerusalem Electricity Company for
the Jericho area.
ii.
Pending the establishment by the Palestinian
Authority of an alternative system for the Gaza Strip, it shall temporarily buy
electric power from the Israel Electric Company (IEC), and to that end shall
enter into a commercial agreement with the IEC. This Agreement shall relate to
the settling of debts; to IEC property; and to the maintenance of lines to
Palestinian customers.
iii.
Without derogating from the powers and
responsibilities transferred to the Palestinian Authority above, the
Palestinian Authority shall enable the supply of electricity to the Gush Katif
settlement area and the Kfar Darom settlement by the IEC, as well as the
maintenance by the IEC of the electricity lines to these locations and of the
electricity lines crossing the Jericho Area.
The means of supplying electricity and the modalities of maintenance of lines
to theGush Katif settlement area and the Kfar Darom settlement shall be
arranged by means of a commercial agreement between the Palestinian Authority
and the IEC.
iv.
Environmental matters relating to electricity shall
be governed by the provisions regarding environmental protection as set forth
in subparagraph 35. below.
25.
Public Works:
i.
This sphere includes, inter alia, the Housing
Department in the Gaza Strip.
ii.
In principle, maintenance and repairs of the Lateral
Roads leading to the Settlements and the Military Installation Area shall be
carried out by the Palestinian Authority.
iii.
Where such maintenance and repairs have not been
effected by the Palestinian Authority within a reasonable time, the Palestinian
Authority shall request, through the CAC, that Israel effect such maintenance
and repairs.
iv.
The Palestinian Authority shall notify and update
Israel through the CAC of any activity which may disturb the regular flow of
traffic on roads, including road works, repairs and large-scale construction in
close proximity to roads.
26.
Postal Services:
i.
This sphere includes, inter alia, the management of
post offices and postal delivery in the Gaza Strip and the Jericho Area.
ii.
The Palestinian Authority may issue postage stamps,
postal stationery (hereinafter "stamps") and date stamps, subject to
the following provisions:
1. Stamps
shall include only the term "the Palestinian Authority", the face
value and the subject.
2. The
face value shall be stated only in the agreed legal currency circulating in the
Gaza Strip and the Jericho Area as detailed in Annex IV.
3. The
design, symbols and subjects of stamps, postal stationery and date stamps
issued by the Palestinian Authority will be in accordance with the principles
outlined in Article XII of the Agreement.
4. The
date stamp shall include only the name of the office responsible for the
cancelling of the stamp and the date of that operation.
iii.
Both sides will coordinate and cooperate in
establishing postal rates for international postal services in such a way as to
prevent mutual economic harm to each other.
iv.
The modalities and arrangements for sending and
receiving all postal items, including parcels, between the Gaza Strip and the
Jericho Area and Israel and the West Bank will be arranged by means of a
commercial agreement between the Israel Postal Authority and the Civil
Administration respectively on one side, and the Palestinian Authority on the
other.
v.
The modalities and arrangements for sending and
receiving all postal items, including parcels, between the Gaza Strip and the
Jericho Area and other countries will be arranged by means of a commercial
agreement between the Israel Postal Authority and the Palestinian Authority,
further modalities will be discussed in the CAC.
vi.
The customs principles detailed in Annex IV shall
also apply to postal items, including parcels, transmitted to the Gaza Strip
and the Jericho Area.
27.
Population Registry and
Documentation:
i.
The Palestinian Authority shall receive the existing
population registry in the Gaza Strip and the Jericho Area, as well as files
pertaining to the residents of these areas.
ii.
The existing identity card of the present residents
of the Gaza Strip and the Jericho Area, as well as of new residents therein,
shall be substituted by a new identity card.
iii.
Possession of the aforementioned identity card and,
whenever necessary, of an Israeli entrance permit, shall be required for entry
into Israel by residents of the Gaza Strip and the Jericho Area.
iv.
Safe passage between the Gaza Strip and the Jericho
Area of residents of these areas shall require the possession of the
aforementioned identity card and any other necessary documents.
v.
In order to ensure efficient passage procedures and
to avoid discrepancies, the Palestinian Authority shall update Israel on a
regular basis, through the CAC, of every change in its registry, with a view to
enabling Israel to maintain an updated and current registry.
vi.
Exit abroad through the passages or through Israeli
points of exit by residents of the Gaza Strip and the Jericho Area shall only
be possible by means of an agreed passport/travel document.
This title shall be written on the cover in letters of equal size.
1. Persons
from countries not having diplomatic relations with Israel who visit the Gaza
Strip and Jericho Area shall be required to obtain a special visitor's permit to
be issued by the Palestinian Authority and cleared by Israel. Requests for such
permits shall be filed by a relative of the visitor residing in the areas,
through the Palestinian Authority, or by the Palestinian Authority itself.
2. Visitors
to the Gaza Strip and the Jericho Area shall be permitted to remain in these
areas for a period of up to three months granted by the Palestinian Authority
and cleared by Israel.
The Palestinian Authority may extend this three month period for an additional
period of up to four months and shall inform Israel about the extension. Any
further extensions require the approval of Israel.
vii.
Persons from countries having diplomatic relations
with Israel who visit the Gaza Strip and the Jericho Area shall either be
required to obtain the aforementioned visitor's permit or to hold a valid
passport and an Israeli visa, when required.
viii.
Entry into the Gaza Strip or the Jericho Area of
non-resident Palestinians who are visitors to these areas shall be handled by
the Palestinian Authority in accordance with subparagraphs g. and h. above.
ix.
The Palestinian Authority shall ensure that visitors
referred to above shall not overstay the duration of their entry permit and
authorized extensions.
x.
Special VIP certificates may be issued as detailed
in Annex I.
xi.
The Palestinian Authority may grant permanent
residency in the Gaza Strip and the Jericho Area with the prior approval of
Israel.
xii.
The format of the aforementioned identity card and
passport/travel document as well as arrangements of the implementation of the
provisions set forth in this Article are detailed in Appendix C attached to
this Annex.
28.
Government and Absentee Land
and other Immovables:
i.
All powers and responsibilities of the Custodian of
Absentee Land and Immovables and powers and responsibilities for governmental
land and other immovables in the Gaza Strip and the Jericho Area shall be
transferred to the Palestinian Authority in accordance with the following.
ii.
During the interim period, the transfer of powers
and responsibilities of the Custodians of Absentee and Government Property in
the Gaza Strip and the Jericho Area, other than those relating to movable
property, shall not apply to land and other immovables within the Settlements
and the Military Installation Area. The issue shall be dealt with within the
permanent status negotiations.
iii.
The status of land and other immovables which, prior
to June 1967, were in the custody of the Jordanian Custodian of Enemy Property
in the West Bank or under the management of the Director General appointed in
accordance with Order no. 25 of 31.3.50 in the Gaza Strip, shall be dealt with
in the permanent status negotiations. Pending those negotiations, the status
quo of such land and other immovables shall be maintained.
29. Telecommunications:
i.
The Electromagnetic Sphere
1. The
frequencies detailed in the telecommunications technical schedule attached to
this Annex as Appendix D are assigned for the use of the Palestinian Authority
in the Gaza Strip and the Jericho Area, to satisfy its present needs.
2. Conditions
for the use of these frequencies as well as details concerning power, timing,
direction, antenna radiation pattern and transmission methods, are also
formulated in the aforementioned Appendix.
3. The
frequencies shall serve, inter alia, a television network and a radio network.
4. The
Palestinian Authority shall ensure that only the above frequencies shall be
used and that it shall not disturb or interfere with Israel radio
communications activity, and Israel shall ensure that there shall be no
disturbance or interference with those frequencies.
5. The
compatibility of the standards of electromagnetic and telecommunications
systems and equipment imported or installed for use in the Gaza Strip and the
Jericho Area, as well as the standards of operation of such equipment, are as
agupon and formulated in the attached Appendix D.
6. The
CAC shall establish, as the need arises, a joint committee of technical experts
from both sides to discuss and deal with any issue arising out of this
Agreement including the fulfillment of future needs of the Palestinian
Authority.
ii.
Telecommunications
1.
Pending the establishment by the Palestinian
Authority of an alternative telecommunications system in the Gaza Strip and the
Jericho Area, the existing system of telephone and other related communication
services including international telecommunications in the Gaza Strip and the
Jericho Area shall continue through "Bezeq - the Israel Telecommunications
Corp. Ltd." (hereinafter "Bezeq") and to that end, the
Palestinian Authority shall enter into a commercial agreement with Bezeq.
2.
Without derogating from the powers and
responsibilities of the Palestinian Authority, the Palestinian Authority shall
enable the supply of telecommunications services to the Settlements and the
Military Installation area by Bezeq, as well as the maintenance by Bezeq of the
telecommunications infrastructure serving them or infrastructure crossing the
Gaza Strip and the Jericho Area.
30. Archaeology:
i.
The Palestinian Authority
shall protect and guard all archaeological sites in the Gaza Strip and the
Jericho Area, respect academic freedom in particular the freedom publishing
research work based on excavations and shall take all necessary steps against
theft of archaeological artifacts and illegal trade in them.
ii. The
CAC shall establish a joint committee of experts from both sides to deal with
all archaeological issues of common interest. Actions which may affect the
sites detailed in Appendix A shall also be referred to this committee for
discussion and recommendation.
The Palestinian Authority shall respect such recommendations.
Disagreements on this matter within the joint committee of experts shall be
referred to the CAC to be dealt with in accordance with the provisions of this
Agreement.
iii. Subject
to academic considerations, and in accordance with the law, when the
Palestinian Authority grants excavation licenses to archaeologists, researchers
and academics interested in excavating in the Gaza Strip and Jericho Area, it
shall do so without discrimination.
iv. The
Palestinian Authority shall ensure free access to archaeological sites.
v. With
due consideration to the Palestinian demand that Israel shall return all
archaeological artifacts found in the Gaza Strip and Jericho area since 1967,
this issue shall be dealt with in the negotiations on the final status.
For this purpose, Israel shall provide a list of archaeological sites for which
excavation licenses were granted since 1967, including, where available, a
general description of the artifacts found therein, and their location.
31.
Water and Sewage
i.
All water and sewage (hereinafter referred to as
"water") systems and resources in the Gaza Strip and the Jericho Area
shall be operated, managed and developed (including drilling) by the
Palestinian Authority, in a manner that shall prevent any harm to the water
resources.
ii.
As an exception to subparagraph a., the existing
water systems supplying water to the Settlements and the Military Installation
Area, and the water systems and resources inside them continue to be operated
and managed by Mekoroth Water Co.
iii.
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 Palestinian
Authority, the Palestinian Authority shall not adversely affect these
quantities.
Israel shall provide the Palestinian Authority 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.
iv.
Without derogating from the powers and
responsibilities of the Palestinian Authority, the Palestinian Authority shall
enable the supply of water to the Gush Katif settlement area and the Kfar Darom
settlement by Mekoroth, as well as the maintenance by Mekoroth of the water
systems supplying these locations and of water lines crossing the Jericho Area.
v.
The Palestinian Authority shall pay Mekoroth for the
cost of water supplied from Israel and for the real expenses incurred in
supplying water to the Palestinian Authority.
vi.
All relations between the Palestinian Authority and
Mekoroth shall be dealt with in a commercial agreement.
vii.
The Palestinian Authority shall take the necessary
measures to ensure the protection of all water systems in the Gaza Strip and
the Jericho Area.
viii.
Upon the signing of this Agreement, the two Parties
shall establish a subcommittee to deal with all issues of mutual interest
including the exchange of all data relevant to the management and operation of
the water resources and systems and mutual prevention of harm to water
resources.
ix.
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.
32. Planning and Zoning:
i.
Authorities, powers and
responsibilities in this sphere, except in the Settlements and the Military
Installation Area, shall be transferred to the Palestinian Authority subject to
the following.
ii. Planning
schemes, bylaws and regulations in effect in the Gaza Strip and the Jericho
Area prior to the signing of this Agreement shall remain in force, unless
amended or abrogated in accordance with this Agreement.
iii. The
Palestinian Authority may amend, abrogate or promulgate planning schemes, and
issue licenses and exemptions within its jurisdiction, provided that such acts
are consistent with the provisions of this Agreement.
iv. As
part of its procedure, the Palestinian Authority shall publish planning schemes
in the form of law. The Palestinian Authority shall provide the CAC with a copy
of it.
v. If
Israel considers such a plan to be inconsistent with the terms of this
Agreement, including Annex I, it may, within thirty (30) days of the receipt by
the CAC of such a plan, bring it for consideration by a special subcommittee of
the CAC and/or request additional information regarding the plan.
The Palestinian Authority shall respect the recommendations of the
subcommittee. Pending the completion of such a consideration process, and due
settlement of the matter in accordance with the provisions of this Agreement,
the planning procedures shall not be finalized.
33.
Direct Taxation:
This
sphere includes, inter alia, income tax on individuals and corporations,
property taxes, municipal taxes and fees, as formulated in Annex IV.
34.
Indirect Taxation:
This
sphere includes, inter alia, VAT, purchase taxes on local production and import
taxes, as formulated in Annex IV.
35.
Environmental Protection:
i.
Israel and the Palestinian Authority shall act for
the protection of the environment and prevention of environmental risks,
hazards and nuisances.
ii.
Israel and the Palestinian Authority shall respectively
adopt, apply and ensure compliance with internationally-recognized standards
concerning acceptable levels of land, air, water and sea pollution, and
acceptable levels of treatment and disposal of solid and liquid wastes; for the
use and handling of hazardous substances, including pesticides, insecticides
and herbicides, and standards for the prevention and abatement of noise, odor,
pests and other nuisances which may affect each side and the Settlements and
the Military Installation Area.
iii.
The Palestinian Authority shall take the appropriate
measures to prevent the uncontrolled discharge in the Gaza Strip and the
Jericho Area of sewage and effluence to water sources including underground and
surface water and rivers, and to promote the proper treatment of sanitary and
industrial waste water.
iv.
In the event that Israel or the Palestinian
Authority considers that there might be a threat to its environment, any
relevant information concerning the development activity and its environmental
impact shall be provided by the relevant side.
v.
Israel and the Palestinian Authority shall
respectively operate an emergency warning system in order to respond to events
or accidents which may genenvironmental pollution, damage or hazards. A
mechanism for mutual notification and coordination in cases of such events or
accidents shall be established.
vi.
Israel and the Palestinian Authority shall cooperate
in implementing agreed principles and standards concerning the protection of
the Mediterranean Sea, the protection of the ozone layer, the control of
movement of hazardous wastes and their disposal, the restriction of trade in
endangered species of wild fauna and flora, and the conservation of migratory
species of wild animals.
vii.
Israel and the Palestinian Authority shall establish
within the CAC an Environmental Experts Committee for the coordination of
environmental issues, to be convened when the need arises.
36. Gas and Petroleum:
i.
This sphere includes, inter
alia, distribution, supply, licensing, sales, exploration and production of gas
and petroleum in the Gaza Strip and the Jericho Area.
ii. In
authorizing the construction or operation of gas and petroleum facilities
(including gas and petrol stations), a safety distance from the Settlements and
the Military Installation Area shall be observed by the Palestinian Authority.
iii. The
color of all gas cylinders in use in the Gaza Strip and the Jericho Area shall
be different than that in use in Israel.
iv. Israel
and the Palestinian Authority agree to cooperate concerning the exploration and
production of oil and gas in cases of joint geological structures lying partly
in Israel or the West Bank and partly in the Gaza Strip or the Jericho Area.
v. Transfer
of gas or fuel products through or to Israel and the West Bank shall be in
accordance with Israeli standards concerning safety, security and environmental
protection, and in accordance with the arrangements regarding entry into
Israel.
vi. Policies
of pricing, taxation, import and marketing regarding gas and petroleum are
dealt with in Annex IV.
37. Insurance:
i.
This sphere includes, inter
alia, licensing of insurance companies, insurance agents and supervision of
their activity.
ii. Arrangements
regarding the compulsory insurance of motor vehicles and the compensation of
road accident casualties, in view of transportation between the Gaza and the
Jericho area, are dealt with in Annex IV.
38. Treasury:
i.
In view of the need for a
smooth transfer of powers and responsibilities, Israel shall provide the
Palestinian Authority, through a team of Palestinian auditors, with all the
details concerning the Civil Administration budget allocated for the Gaza Strip
and the Jericho Area and the revenues, expenses and accounts. It shall also
provide details regarding the Civil Administration's existing financial system
in the Gaza Strip and the Jericho Area.
1. Israel
shall transfer to the Palestinian Authority all the Gaza Strip and the Jericho
Area Civil Administration funds and bank accounts as well as movable property.
2. Israel
shall provide the Palestinian Authority with a list of the Civil Administration
departments and their immovable offices, storerooms, warehouses, etc.
3. Where
such immovables are situated on private property, including property owned by
absentees, Israel shall provide the Palestinian Authority with the contracts
between the Civil Administration and the owners of such property.
4. Israel
shall bring to an end all the Gaza Strip and the Jericho Area Civil
Administration service contracts detailed in Appendix E attached to this Annex.
Upon the transfer of powers and responsibilities, Israel shall provide the
Palestinian Authority with copies of confirmations from the contractors
declaring that they have no claim or demand concerning these contracts.
5. Civil
Administration development contracts, the duration of which extends beyond the
transfer of powers and responsibilities, as detailed in Appendix E, shall be
transferred to the Palestinian Authority and shall remain in force.
6. Civil
Administration contracts concerning leasing or renting Waqf, absentee or
private property shall be transferred to the Palestinian Authority and shall
remain in force.
7. All
contracts entered into by the Custodian of Absentee and Governmental Property
for renting and leasing land shall be transferred to the Palestinian Authority,
and Israel shall give notice of such to the tenants and lessees. It is
understood that following the transfer of such contracts the Palestinian
Authority shall have full discretion to take any decision regarding these
contracts.
ii.
After the transfer of authorities, powers and
responsibilities in this sphere, if Israel is sued with regard to the contracts
and obligations referred to in subparagraph c. above, the Palestinian Authority
shall reimburse Israel for the full amount awarded by any court or tribunal.
iii.
Where legal proceedings are brought in respect of
such a claim, Israel will notify the Palestinian Authority and enable it to
participate in defending the claim.
iv.
Upon the transfer of powers and responsibilities,
the Palestinian Authority shall be solely responsible for any claim regarding
its actions pursuant to the transfer.
v.
Israel shall provide the Palestinian Authority with
copies of the contracts listed in Appendix E in order to enable it to make a
decision on new contracts which it may conclude. If such contracts are not
written in Arabic, Israel shall provide the Palestinian Authority with a
translation into Arabic.
APPENDIX A
1.
The Naaran Synagogue (Ein
Diuk).
2.
The Jewish Cemetery in Tel
Sammarat.
3.
"Shalom Al Israel"
Synagogue in Jericho.
4.
The Jewish Synagogue in Gaza
city.
APPENDIX B
To be added in the future.
APPENDIX C
Technical Schedule Regarding Population Registry and Documentation
Note: The following is only part of this Appendix. Other sections of this
Appendix shall be added in the future.
1.
Passport/travel document
format
i.
General specifications
1.
Languages: Arabic and English.
2.
External color: green.
3.
Front cover titles will be Palestinian Authority,
Passport/Travel Document (shall be written in letters of equal size).
4.
Each person, without reference to age, will hold
his/her own document.
5.
The validity of the document shall be up to 3 years.
6.
The number of pages: not less than 32 pages (to be
checked by international standards).
7.
Perforation of the Passport/Travel Document number
shall be in at least half of the pages.
ii.
Internal page of external
cover
1. The
same title as external.
2. Text:
in Arabic and English as follows:
"This Passport/Travel Document is issued pursuant to the Palestinian Self
Government Agreement according to the Oslo Agreement signed in Washington on
September 13, 1993."
3. The
rest of the text: as usual.
4. Bottom
of page: <signature + seal >of the
Palestinian Authority.
iii.
Page number 1
Number of the
Passport/Travel Document.
iv.
Page number 2 - the sticker
1. Same
information as today. Format: to be discussed.
2. Each
name shall be titled for ease of reading (first name, family name, etc.).
v.
Page number 3
1.
Address of holder.
2.
Text: "The bearer of this document ... "
vi.
Visa pages
No
comments.
vii.
Last page (32 or other)
The text of paragraph 1 will be:
"This passport/travel document, as long as it
is valid, will enable its bearer on return from abroad, to enter the Gaza Strip
and the Jericho Area."
Note: The aforementioned is meant to enable passage
through Israeli border control without the need of an entrance visa.
APPENDIX
D
Technical
Schedule: Telecommunications
Pursuant to the telecommunications principles agreed upon
on February 23rd, 1994, the following modalities and technical details have
been determined by the two sides:
1.
General
The
Palestinian Authority shall use or reassign within its jurisdiction sections of
frequencies covering all its required services within the bands L.F., M.F.,
H.F., V.H.F. and U.H.F. up to 960 MHz, to satisfy its present and future needs,
as specified in the principles referred to above. The growing communication
needs of the Palestinian Authority in the spheres of administration, police and
civilian sectors in the Gaza Strip and the Jericho Area will be satisfied
within a framework of coordination and cooperation.
To
that end, the Palestinian Authority shall present its requirements through the
Joint Subcommittee of Technical Experts. Frequencies or sections of frequencies
in the aforementioned bands will be assigned, or analternative thereto
providing the required service within the same band, or the best possible
alternative thereto, acceptable by the Palestinian side and agreed upon by
Israel in the Joint Subcommittee of Technical Experts.
2.
Technical Details of the
Initial Requirements The following is the first batch of initial requirements
of immediate concern coinciding with the entry of the Palestinian Police and
establishment of the Palestinian Authority.
Further
details and additional requirements will be presented through the Joint
Subcommittee of Technical Experts at a later stage.
i.
Wireless:
1. DCO -
will operate frequencies within a 410 to 430 MHz band.
2. PDPF
3. Cellular
telephones
ii.
Radio and Television
iii.
Microwave:
Palestinian requirements for
microwave communications above the frequency 1 GHz will be satisfied using the
same modality and will adhere to the technical parameters outlined in paragraph
B.2 of the above principles of February 23rd, 1994.
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