Two Members of the European Parliament from the Patriots for Europe (PfE) group, Sebastian Kruis and Ton Diepeveen, have submitted a written question to the European Commission challenging the legality of unilateral trade-related measures adopted by several EU Member States targeting Israel and goods originating from Judea and Samaria. The MEPs argue that such national actions may violate the EU's exclusive competence in common commercial policy under Article 3(1)(e) TFEU and risk undermining the uniformity of EU external trade policy and the integrity of the internal market.
The question, dated 26 May 2026, cites recent announcements or considerations by Spain, Ireland, and Slovenia to impose measures affecting trade relations with Israel. The MEPs ask the Commission three specific points: first, how it assesses the compatibility of such unilateral measures with EU exclusive competence; second, whether the Commission has conducted any legal assessment or initiated procedures regarding these Member States and what the conclusions were; and third, whether the Commission recognises that divergent national trade measures risk undermining the uniformity of EU external trade policy and the functioning of the internal market.
Policy orientation and expected follow-up
The question reflects a concern among some MEPs about the fragmentation of EU trade policy, particularly in politically sensitive areas. By invoking Article 3 TFEU, the MEPs are pressing the Commission to defend its exclusive competence and potentially take action against Member States that act independently on trade matters. The Commission is expected to reply within approximately six weeks, and its answer will signal whether it views these national measures as a legal infringement or as permissible under EU law. The response could have implications for the balance between national foreign policy initiatives and EU-level trade authority, affecting stakeholders such as EU institutions, Member State governments, Israeli exporters, and EU importers of goods from the region.