Dear High Representative Mogherini,
We write today to condemn the anti-Israel business practices that were affirmed in a ruling from the Court of Justice of the European Union ("CJEU") last week. The ruling will require the 28 member states to identify products imported from areas the EU identifies as "occupied by Israel since 1967," along with those that may originate in Israeli settlements, through labels indicating their origin. This ruling stems from a 2015 notice the Commission issued that mandated product labeling for goods originating "from the West Bank" and "from the Golan Heights."
In Nazi-occupied Europe, the Jewish people were forced to wear a yellow star as a means of discrimination. Similarly, this label will apply only to products from Israel and associated disputed territories, thereby discriminating against Israel and against specific Israeli businesses. In singling out Israeli products, the EU has opened the door to the politicization of product labeling, all under the pretext of affirming the use of food product labels for "ethical" foreign policy and international law.
More broadly, the judgment could negatively impact products coming from any territory around the world that is subject to dispute under international law. In contrast to its free trade mission, the EU requirement will create new trade barriers and may cause tensions between the EU and its trading partners, including the United States.
This CJEU decision will likely facilitate Boycott, Divestment and Sanction (BDS) tactics amounting to de facto boycotts and discrimination against Israel, contrary to existing EU policies and laws against BDS campaigns. We stand opposed to any efforts to isolate or delegitimize Israel through the BDS movement and therefore urge the Commission to repeal or revise its notice on the labeling of Israeli products.