JUSTICE - No. 66
45 Spring 2021 which were part of the EU Association Agreement were due to the interests of European states such as Spain, France, Italy and Greece, whose fruit and vegetable produce is similar to Israel’s. Therefore, quota terms and/or eliminating quotas for the UK-Israel agricultural relationship would allow Israel access to a larger share of the market. Likewise, it would lower prices for UK consumers by increasing competition. Beyond Continuity? As to whether we will see a more ambitious trade deal between Israel and the UK, the politics are clearly complex. While former U.S. President Trump may be criticized for many things, he should be praised for raising his gaze above the parapet – the tired old narrative that no progress was possible without first securing agreements between Palestinians and Israelis – to recognizing the possibilities for other agreements in the region and heralding in the Abraham Accords and the peace agreements concluded between Israel and the UAE, Bahrain and Sudan. If President Biden builds upon rather than, as some fear, undermines these achievements, then there could be an increasing number of peace accords, Saudi Arabia being potentially the big prize. This would make Israel an even more valuable trade partner for the UK. Another factor is that, in previous years, the UK conducted around 50% of its trade with EU member states. 24 Having turned its back on the EU and facing what appear to be real obstacles in engaging any time soon with either China or the U.S., the UK must at this point be hungry for any good trading partners it can find. Israel is certainly in that category. There are indications that the UK and Israel are heading towards closer trade relations. To start with, Article 1 of the Continuity Agreement itself states that, in addition to ensuring continuity, the agreement is intended to function as “a platform for further trade liberalization and enhancement of…links”between these two nations. This sentiment was echoed in the joint ministerial declaration issued at the time of signing the Continuity Agreement. 25 More recently, on October 13, 2020, Ranil Jayawardena MP, stated, when answering questions in the House of Commons: “…I can confirm that we are now able to start scoping and probing for talks for a new higher-ambition trade agreement with Israel.” 26 Secretary of State for International Trade, Elizabeth Truss, similarly stated: “…we want to go further in a new free trade agreement in areas such as tech, digital and data.” 27 It seems realistic therefore that a new, more ambitious, trade deal between the UK and Israel will be agreed upon before the end of 2021. Otherwise, this would represent a missed opportunity to build on and prioritize the trade relationship between the UK/Israel, as suggested by Open Europe and envisaged in the Continuity Agreement itself. It is hoped that such an agreement will fill some of the more obvious gaps in the Continuity Agreement by, at the very least, including trade in technology products, which is clearly now called for. n Jonathan Lux is an English law Barri st er, former Solicitor and partner with the international law firm Ince & Co., practicing Arbitrator andMediator and Co-Chair of UK Lawyers for Israel. n Michael Proctor is an English law Barri st er practicing at Quadrant Chambers in London. 24. In 2019, UK exports to the EU were £294 billion (43% of all UK exports). UK imports from the EU were £374 billion (52% of all UK imports): See Matthew Ward, “Statistics on UK-EU trade”(briefing paper no. 7851), U K P ARLIAMENT , Nov. 10, 2020, available at https://commonslibrary. parliament.uk/research-briefings/cbp-7851/#: ~:text=In%20 2019%2C%20UK%20exports%20to,2002%20to%20 43%25%20in%202019 25. Department for International Trade Press Release,“UK and Israel sign trade continuity agreement,”Feb. 18, 2019, available at https://www.gov.uk/government/news/uk- and-israel-sign-trade-continuity-agreement: “…both Ministers re-affirm their desire to see an ambitious free trade deal concluded between their countries…both ministers are committed to undertaking a review of [the Continuity Agreement] with a view to upgrading it, including in areas not covered therein.” 26. Supra note 8. 27. Ibid .
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