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International Conventions And Agreements
European Directives
Part 1: New Issues Referred To The Insular Authorities Between 1st April 1999 And 30th September 1999
1. International Labour Organisation
The Island is party to a number of Conventions under the auspices of the International Labour Organisation. A number of Conventions require reports to be submitted on a regular basis.
The following reports under Article 22 were requested during the six month period –
(1) Labour Inspection Convention, 1947 (No. 81)
(2) Abolition of Forced Labour Convention, 1957 (No. 105)
(3) Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12)
(4) Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42)
(5) Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)
(6) Right of Association (Agriculture) Convention, 1921 (No. 11)
(7) Freedom of Association and the Right to Organise Convention, 1948 (No. 87)
(8) Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
(9) Labour Statistics Convention, 1985 (No. 160)
2. International Covenant on Civil and Political Rights (ICCPR)
The Island is obliged to report periodically on various human rights instruments which have been extended to the Bailiwick. Every five years, the Insular Authorities are asked to report on measures adopted to give effect to the rights recognised in the ICCPR. In May 1999, the Fifth Report under the ICCPR was completed, and will be incorporated in the United Kingdom Fifth Periodic Report which is presented to the United Nations.
3. Investment Promotion and Protection Agreements (IPPAs)
Purpose: To create favourable conditions for greater investment of one Contracting Party in the area of the other.
Action: The Insular Authorities have asked to have agreements with Nepal, Ecuador, Turkmenistan, Romania, Indonesia, Malta, Kazakhstan, Ecuador and Panama extended to the Island.
4. Second Optional Protocol to the International Convenant on Civil and Political Rights (ICCPR)
Purpose: The Protocol provides that the death penalty may not be inflicted in a State which is a party to the Protocol.
Action: The Insular Authorities have asked that the UK’s ratification of the Protocol be extended to the Island.
5. Agreement on the Conservation of Bats in Europe (EUROBATS) – linked to the Bonn Convention on the Conservation of Migratory Species of Wild Animals
Purpose: To protect migratory species of wild animals (i.e. bats).
Action: The Conservation of Wildlife (Jersey) Law was adopted on July 20th, 1999. When in force, it will enable the EUROBATS Convention to be extended to the Island.
6. EC Regulation No. 1294/99
Purpose: To establish a freeze of funds and ban on investment in relation to the Federal Republic of Yugoslavia (FRY).
Action: The Community Provisions (Freezing of Funds and Prohibition on Investment relating to the Federal Republic of Yugoslavia and the Republic of Serbia) (Jersey) Regulations 1999 (RCO 9437) have implemented this EC Regulation in the Island with effect from September 16th, 1999.
7. EC Association Agreements with Jordan, Korea and Mexico
Purpose: To establish formal associations between the European Community and its Member States and third countries.
Action: The Insular Authorities have agreed to be included in the United Kingdom’s ratification of the Agreements. However, the Agreements apply to the Island only to the extent that the matters contained within the Agreements fall within the provisions of Protocol 3 of the Treaty of Accession. For those aspects of the Agreements which relate to customs matters, current legislation is adequate to implement the Agreements.
8. Convention on the Protection of the European Communities’ Financial Interests
Purpose: To protect the European Communities’ financial interests from fraud.
Action: As the Island is not a Member State of the European Union, receiving no benefit from, nor making contributions to European Community funds or financial interests, the Convention has no relevance. The Insular Authorities have stated that they do not wish to have the United Kingdom’s ratification of the Convention extended to the Island.
9. (i) European Union Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union
(ii) Council of Europe Convention on Corruption
Purpose: To combat corruption of public officials.
Action: The Insular Authorities are currently reviewing what legislation will be needed to embrace these related Conventions.
10. United Kingdom/Australia Social Security Convention
Purpose: Exchange of Notes to amend the original Convention on social security reciprocity.
Action: The Insular Authorities have confirmed that the Exchange of Notes can apply to Jersey.
11. Council of Europe/UNESCO Convention on Recognition of Qualifications concerning Higher Education in the European Region
Purpose: To create wider recognition by different countries within the European Union of each other’s higher education entry and exit qualifications.
Action: The Insular Authorities have asked to be included in the United Kingdom’s ratification of the Convention.
12. International Telecommunications Union (ITU)
Purpose: To accept Amendments to the ITU Constitution and Convention adopted at the Plenipotentiary Conference in October/November 1998.
Action: The Insular Authorities have indicated that they wish to have the United Kingdom ratification of the instruments extended to the Island.
Part 2: Outstanding Matters Which Remain Under Consideration
1. United Nations Convention on Independent Guarantees and Standby Letters of Credit (UNCITRAL)
Purpose: To establish uniform rules on guarantees and to examine the desirability and feasibility of any future work towards a uniform law.
2. EC Distance Selling Directive
Purpose: To approximate European Union Member States’ laws on contracts between suppliers and consumers for goods and services solicited and concluded at a distance as part of a sales or service provision scheme which does not involve the seller and consumer coming into face-to-face contact. Designed to perfect the internal market for goods and services.
3. Amendments to Energy Charter Treaty
Purpose: To liberalise energy markets across Europe and the former Soviet Union, and to promote investment in the energy sectors of the new democracies in Eastern Europe and the Republics of the former Soviet Union.
4. Agreement on Trade Related Aspects of Intellectual Property Rights – TRIPS Legislation
Purpose: To provide a modern system for the protection of international property rights at least matching the internationally accepted minimum levels laid down by the Agreement.
5. International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC)
Purpose: To respond to and co-operate in oil pollution incidents.
6. Sea Carriers’ Liability for Claims arising from the Carriage by Sea of Passengers and their Luggage
Purpose: To ensure that adequate compensation is available to meet claims arising from the carriage by sea of passengers and their luggage.
7. Draft EC Regulation to set Limits for Lead and Cadmium in Foodstuffs
Purpose: To set maximum limits for lead and cadmium in foodstuffs.
8. Protocols to the 1979 Convention on Long-Range Transboundary Air Pollution: (i) Heavy Metals, and (ii) Persistent Organic Pollutants
Purpose: (i) To control emissions of heavy metals caused by anthropogenic activities that are subject to long range transboundary atmospheric transport, and are likely to have significant adverse effects on human health or the environment;
(ii) To control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants.
9. United Nations Convention on the Rights of the Child and Juvenile Employment
Purpose: To promote human rights by extending special safeguards on care and protection of children.
Part 3: Matters Recently Resolved
1. The Plant Protection Products Regulations 1995, The Plant Protection Products (Amendment) Regulations 1996. EU Directive 91/414/EEC
Purpose: To provide the market with plant protection products.
Action: The Insular Authorities have stated that they would be content for the United Kingdom Pesticides Safety Directorate to inspect plant protection products on behalf of Jersey applicants, and in due course will amend the Pesticides (Jersey) Law 1991.
2. Council of Europe Cultural Convention
Purpose: To achieve a bilateral cultural Convention between members of the Council, as well as to pursue a policy of common action designed to safeguard and encourage the development of European culture. It covers the study of languages, history and civilisation which is common to all European States.
Action: A Note of Declaration from the Directorate of Legal Affairs of the Secretariat General of the Council of Europe confirmed the entry into force in respect of the Bailiwick of Jersey, with effect from March 19th, 1999.
3. European Agreement on Reciprocal Arrangements for Orange Badge (Disabled) Holders
Purpose: To standardise disabled parking permits across the European Union.
Action: The Insular Authorities reiterated to Her Majesty’s Government that a new blue badge, in line with the European badge, was adopted in principle, and subject to the availability of law drafting resources, the scheme will be introduced in 2000.
4. United Nations Convention on Pyschotropic Substances
Purpose: To monitor trade between the European Community and third countries in substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances, for the purpose of preventing the diversion of such substances.
Action: The Home Office Action against Drugs Unit has confirmed that Jersey drugs legislation contains all necessary provisions to enable the United Kingdom’s ratification of the Convention to be extended to the Island.
5. RAMSAR – United Nations Convention on Wetlands of international Importance
Purpose: To promote the conservation and wise use of wetlands to achieve sustainable development throughout the world.
Action: A report and proposition, together with supporting documentation, proposing designation of the Island’s first RAMSAR site was adopted in November 1999.
6. European Convention for the Protection of vertebrate Animals used for experimental and other scientific Purposes
Purpose: The Convention establishes the scientific purposes and conditions under which experiments on protected animals may be authorised.
Action: The Insular Authorities declined ratification of the Convention until a new Animal Welfare Law had been drafted. This Law will specify that relevant scientific procedures will be banned except when under special licence.
7. European Convention on the Use of Information Technology for Customs Purposes - (the Customs Information System (CIS) Convention)
Purpose: To strengthen customs co-operation between Member States, to combat the increased risk resulting from the completion of the Single Market and the abolition of routine customs checks on goods and people crossing frontiers.
Action: The Insular Authorities have expressed the wish to be included in the United Kingdom’s ratification of the Customs Information System Convention, which is the legal basis for intergovernmental information exchanges between Member States relating to Customs matters which are outside Community competence, such as illicit drug trafficking.
8. Extension of International Coffee Agreement 1994
Purpose: To extend the 1994 International Coffee Agreement which expired on September 30th, 1999.
Action: The Insular Authorities confirmed their wish to have the United Kingdom’s extension of the Agreement extended to the Island until September 30th, 2001.
9. Council of Europe Framework Convention for Protection of national Minorities
Purpose: To protect national minorities and the rights and freedoms of persons belonging to those minorities.
Action: A report was presented to the States on May 11th, 1999, and the Insular Authorities await ratification of the convention to be extended to the Island.
10. International Convention on Liability and Compensation for Damage in connection with the Carriage by Sea of hazardous and noxious Substances 1996 Protocol (The HNS Convention)
Purpose: To provide for enhanced compensation and to establish a simplified procedure for updating the limitation of liability for maritime claims.
Action: The United Kingdom ratified the 1996 Protocol on June 11th, 1999, and extension to the Island can only be achieved when legislation is in place. The Insular Authorities envisage that the proposed Merchant Shipping (Jersey) Law, which will give effect to the 1996 Protocol in Jersey, will be presented to the States in 2000.