Following extended delays, the European Commission recently issued suggestions aimed at curbing EU commerce involving Israel's unlawful settlements. EU foreign ministers plan to examine these ideas on the coming Monday.

The action addresses ongoing calls from an expanding number of member states.

Yet by presenting a set of open-ended choices, Commission president Ursula von der Leyen and trade official Maros Sefcovic have again delayed the essential action of advancing a full legislative draft.

Among the three choices presented by the commission - an import licensing system, elevated duties, and a commerce prohibition - solely the final option holds legal and operational validity.

The EU maintains its established stance that Israel's growing settlements violate law across the board and erode prospects for peace. Given that position, goods from these areas should face exclusion from the EU market entirely.

Recently the European Middle East Project together with CIDSE released a thorough plan detailing the design and rollout of such a step.

Based on prolonged study and discussions with legal experts, commerce specialists and former as well as serving EU officials, we suggest a regulation via the EU Common Commercial Policy under Article 207 TFEU. This measure would focus on aligning EU commerce with international standards while preventing economic support for the unlawful settlements.

This approach represents neither a foreign policy penalty targeting Israel nor a mere symbolic statement.

Instead it aligns with guidance from the International Court of Justice, the leading global judicial authority, which clarified two years earlier that halting commerce sustaining the settlements constitutes an obligation under international rules.

The EU must follow its treaties by upholding international law across external actions including commerce. As a result, halting imports from settlements stands as a legal necessity rather than a discretionary choice.

Economic factors further support this case.

Current estimates show EU imports from Israeli settlements in occupied Palestinian territory run roughly fifteen times higher than those from Palestinians themselves, all while drawing on their land and resources without approval.

Berlaymont Position Deemed Misleading

As the primary external outlet for settlement exporters, the EU contributes substantially to the economic sustainability of these areas. Assertions that settlement trade remains too minor for attention, still offered by the commission, therefore appear clearly inaccurate.

Prohibiting settlement trade also proves workable in practice.

Under current EU rules, Israeli goods receive preferential tariff treatment while settlement items qualify only for standard Most Favoured Nation rates.

A recent analysis from the NGO Global Echo reveals that Israeli exporters and customs bodies keep labeling settlement goods as Israeli products, at times relying on incorrect addresses or blending output from settlements and Israel proper.

These misleading tactics stem directly from the existing policy that permits settlement trade.

A commerce ban would instead lower the motivation for such false labeling. Firms attempting to evade the rule would face risks of goods being returned, confiscated or destroyed along with tougher sanctions for violating a clear prohibition.

Even with incomplete oversight, routing such items into the EU under false origin would lose much of its commercial appeal.

A ban would therefore enable stronger action against evasion compared with present arrangements. Further technical steps, some already in place or advanced by Spain and the Netherlands through their domestic rules against settlement trade, would limit evasion chances even more.

Overall an Article 207 regulation prohibiting settlement trade meets legal standards, rests on sound economics and can operate effectively.

On Monday foreign ministers should direct the commission to shift from option reviews toward drafting one unified legislative proposal ending EU settlement trade.

European momentum clearly points one way.

This week British prime minister designate Andy Burnham signaled that the UK could soon prohibit settlement imports.

Instead of further postponement von der Leyen should acknowledge this trend and direct the commission to proceed.