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International Conventions And Agreements

European Directives

Part 1: New Issues Referred To The Insular Authorities Between 1st April And 30th September 1996

1. Convention on Long Range Transboundary Air Pollution - Oslo Protocol on Further Reduction of Sulphur Emissions

Purpose: The further reduction in sulphur emissions.

Action: The Insular Authorities wish Jersey to be included within the United Kingdom’s ratification of the Oslo Protocol in line with their commitment to good environmental practice and with European standards.

2.Atlantic Arc - Inter-Reg-IIC

Purpose: Inter-Reg-IIC is a scheme of grants from EC Structural Funds in support of co-operative programmes, to be drawn up by the Governments concerned with their local authorities, and covering selected "trans-national planning areas". One of these includes an area known as the "Atlantic Arc" including the western and southern seaboards of Great Britain, and the northern and western coasts of France and Ireland.

Action: As there is no obligation to join in projects if the Insular Authorities agree to participate in the programme, the Insular Authorities have decided to take advantage of the opportunity to participate in respect of any project that is of particular interest to the Island, at their own expense.

3. The Customs Information System (CS) 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 wish Jersey to be included within the United Kingdom’s ratification of the Convention. The Authorities are also of the opinion that in the European Communities (Jersey) Law 1973 they have the necessary legislation in place to implement the Convention.

4. International Telecommunications Union (ITU) - Ratification of Amendments to the ITU Constitution and Convention, Geneva, 1992

Purpose: To ratify the instruments amending the ITU Constitution and Convention adopted at the plenipotentiary conference in Kyoto in 1994.

Action: The Insular Authorities had no comment to make on the amendments and asked Her Majesty’s government to ratify the instrument amending the ITU constitution and convention on Jersey’s behalf.

5. Agreements between the European Community and each Member of the Andean Pact (Bolivia, Colombia, Ecuador, Peru and Venezuela) and the Draft Agreement between the European Union and the United States of America, on Control of the Trade in Precursors and Chemical Substances Frequently used in the Illicit Manufacture of Narcotic Drugs or Psychotropic Substances

Purpose: Control of the trade in precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances.

Action: The Insular Authorities have agreed with the view of the Home Office legal advisers that, because the subject matter of the Agreements involves the free movement of goods (precursor chemicals) they fall within the scope of Protocol 3. The Insular Authorities have therefore accepted that Jersey is included within the definition of the European Community for the purposes of the Agreements and that the appropriate EU instruments apply.

6. 1995 European Union Marketing Directives - Regulations Covering Ornamentals, Vegetables and Fruit

Purpose: To provide for the development of an EU certification scheme.

Action: The Insular Authorities have indicated their support for the development of the EU certification scheme for all forms of plant materials. As a member of the European Plant Organisation (EPPO) the Insular Authorities are aware of that organisation’s views on the matter of quality control, and they are confident that the terms of the relevant Regulations can be adhered to - plant legislation will be enacted as the need arises.

7. Internal Electricity Directive

Purpose: A directive making common rules for the internal market in electricity with regard to its production, transmission and distribution. Also laying down rules for the organisation and functioning of the electricity sector, access to the market, the criteria and procedures applicable to calls for tender, and the granting of authorisations and the operation of systems.

Action: The Insular Authorities are seeking clarification of the Directive and its applicability to Jersey.

8. European Union Data Protection Directive

Purpose: To harmonise data protection legislation within the EU and to ensure that member States protect the rights of individuals to "privacy with respect ot personal data", which will eventually include manual records.

Action: Under the terms of Jersey’s relationship with the EU, the Island is not obliged to act. However, the directive could have a considerable effect on the Island in relation to the transfer of personal data to or from the Island. It is therefore likely that additional local measures will need to be set in place. Investigation and consultation are continuing.

9. Merchant Shipping Matters

Purpose: A variety of matters relating to Merchant Shipping have been received covering such issues as:-

Protocol on hazardous substances and limitation of liability;

Draft Merchant Shipping and Maritime Security Bill;

- Oil pollution response;

- International Convention on Load Lines 1966;

- Merchant Shipping (Life Saving Appliances) Regulations;

- Merchant Shipping (Passenger Ship Construction) Regulations

Action: The Insular Authorities are working on a draft Merchant Shipping (Jersey) Law and when that legislation has been enacted, consideration will be given to the required secondary legislation to deal with the above matters.

10. Investment Promotion and Protection Agreements (IPPA’s)

Purpose: International bilateral agreements between governments which protect and encourage British investment overseas.

Action: The Insular Authorities have agreed that they would wish to have additional agreements extended to the Island, involving United Arab Emirates, State of Bahrain, Mongolian Peoples Republic, Republic of Argentina, Republic of Burundi, Republic of the Congo, Polish Peoples Republic, Peoples Republic of Benin, Republic of Haiti, Republic of Paraguay, Democratic Socialist Republic of Sri Lanka, Republic of Belarus, Republic of India, Republic of Albania, Republic of Ecuador, Islamic Republic of Pakistan, Republic of Cuba, Republic of Georgia, Republic of Panama, Republic of Senegal, Socialsit Republic of Romania, Republic of Turkey, Federal Republic of Nigeria, Republic of Ghana, Republic of Malta.

11. Multilateral Agreement on Investment

Purpose: To facilitate direct investment between countries on a non-discriminatory basis.

Action: The Insular Authorities have indicated their wish to be party to the agreement through inclusion in the U.K.’s ratification, and have prepared a list of measures affecting direct investment by non-residents in the Island and have submitted this list to Her Majesty’s Government.

Part 2: Outstanding Matters Which Remain Under Consideration

1. The United Nations Convention on the Elimination of all Forms of Discrimination Against Women;

2. The International Convention on the Elimination of all Forms of Racial Discrimination

3. International Telecommunications Satellite Organisation Agreement

Purpose: To amend the 1973 Agreement in respect of procedures and the determination of investment shares with the intention of introducing greater flexibility in the shares held by the Signatories.

4. International Mobile Satellite Organisation

Purpose: To change the title of the Convention and Operating Agreement from International Maritime Satellite Organisation (INMARSAT) to International Mobile Satellite Organisation (Inmarsat) and to amend the composition of the Council which now comprises 22 representatives of the Signatories to the Agreement.

5. United Nations Convention on the Rights of the Child and Juvenile Employment

Purpose: To promote human rights by extending special safeguards care and protection to children.

6. European Convention on the Legal Status of Children Born Out of Wedlock

Purpose: To improve the status of children born out of wedlock so that as far as possible they are not legally and socially disadvanted compared with legitimate children.

7. European Convention on Mutual Assistance in Criminal Matters

Purpose: To afford mutual assistance between contracting States in criminal proceedings in respect of certain offences.

8. United Nations Convention on Long Range Transboundary Air Pollution - Protocol on Volatile Organic Compounds

Purpose: To reduce the emissions of volatile organic compounds by obliging signatory states to set national standards for emissions and to reduce emissions by using the best available technology (e.g. petrol vapour recovery).

9. Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

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.

Part 3: Matters Recently Resolved

1. Draft Maritime Agreement Between the United Kingdom and China

Purpose: To develop friendly relations between the two countries and to strengthen cop-operation in the field of maritime transport.

Action: The Insular Authorities have advised Her Majesty’s Government that they are content with the terms of the draft agreement to the extent that it is relevant to the Bailiwick.

2. Draft United Nations Declaration on the Rights of Indigenous Peoples

Purpose: To set international standards for the protection of the rights of indigenous people to their land, resources and culture and to self-determination.

Action: The Insular Authorities have accepted the advice of the Home Office legal adviser’s branch that the Bailiwick has no "indigenous people" as defined in the United Nations Declaration.

3. European Community Convention on Controls on Persons Crossing External Frontiers

Purpose: To establish common standards of conrol at the European Community’s external frontier, a common visa regime and a joint list of "inadmissible aliens" who would be refused a visa at an EC visa-issuing post or entry at any external Community frontier.

Action: Not being within the Community for the purpose of free movement of persons it is considered the Convention should not apply to the Channel Islands and the Isle of Man, on the understanding that the Common Travel Area arrangements with the United Kingdom and Ireland are unaffected. However, the Islands have asked Her Majesty’s Government to arrange for an optional extent clause to be inserted in the Final Act of the Convention which would enable the Islands to opt into the Convention in the future if being outside the Community’s external frontier should prove to be to the Island’s disadvantage.

4. European Community Convention on a Planned European Information System (EIS)

Purpose: To enforce the "External Frontiers Convention" by holding on computer, subject to a data protection agreement, a list of non-EC nationals to be excluded from all EC territory.

Action: This Convention is linked to the Convention on controls on persons crossing external frontiers. (See paragraph above). Access to the system will be restricted to territories to which the provisions of the "External Frontiers Convention" apply.

5. Vienna Document 1992 on the Negotiations on Confidence and Security Building Measures

Purpose: A process to undertake, in stages, effective actions designed to make progress in strengthening confidence and security, and in achieving disarmament. Each participating State has the right to conduct inspections on the territory of any other participating state, and there needs to be legislation to ensure that inspectors will be granted the privileges and immunities in accordance with the Vienna Convention on Diplomatic Relations.

Action: The Vienna Document (Privileges and Immunities) (Jersey) Law, 1996, which gave effect to the Island’s obligations under the above agreement, came into force on December 1st 1996. [See page 66 above].