Return to Contents International Conventions And Agreements European Directives Part 1: New Issues Referred To The Insular Authorities Between 1st April 1997 And 30th September 1997 1. Draft Double Contributions Convention on Social Security between the United Kingdom and the Slovak Republic and Draft Supplementary Double Benefits Convention between the Isle of Man, Channel Islands, and the Slovak Republic Purpose: To prevent a double social security liability by ensuring that employees, sent in the course of their employment from one country to work in another, for up to three years, would remain insured only in their "home" social security scheme. Action: Negotiations with regard to these Conventions proceed. 2. Draft UK/Ireland Agreement on Early Notification of a Nuclear Accident and Radiological Release into the Environment Purpose: To formalise bilateral relations between the United Kingdom and Ireland over nuclear matters. Action: Consultation is currently under way in order to clarify whether the Insular Authorities would wish to be included in the agreement. 3. EC Regulation 2271/96 Purpose: To protect EU businesses against the effects of extraterritorial application of legislation adopted by third countries and actions based thereon or resulting therefrom; (specifically with regard to Cuba). Action: The Insular Authorities are of the opinion that the Regulation does not apply to the Island under the terms of Protocol 3, and do not, therefore, see the need for the Island to adopt similar legislation. 4. Marine Environmental High Risk Areas (MEHRAs) - Consultation Document on proposals for Port Waste Management Planning (DETR) Purpose: To protect the United Kingdom coastline from pollution from merchant shipping. Action: Although not a party to MARPOL, the Insular Authorities are a party to OSPAR, an International Convention with a parallel philosophy to that of MARPOL, namely to control the pollution of the marine environment. The Insular Authorities, therefore, support the principle of Port Waste Management Planning. 5. Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 Purpose: To amend the principal Order made in 1986 and to repeal all previous amending orders. Action: The Insular Authorities have indicated their wish that Insular legislation be enacted in this instance. The necessary drafting instructions are now being prepared. 6. UN Convention on Psychotropic Substances 1971 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: Her Majesty’s Foreign and Commonwealth Office are carrying forward the extension of the United Kingdom’s ratification of the Convention to the Island. However, further amendment to the Island’s misuse of drugs legislation may be necessary before this can be achieved. 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. 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. 3. European Convention on Mutual Assistance in Criminal Matters Purpose: To afford mutual assistance between contracting States in criminal proceedings in respect of certain offences. 4. EC Internal Market in 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 the procedures applicable to calls for tender, and the granting of authorisation and the operation of systems. 5. European Union Data Protection Directive Purpose: To harmonise data protection legislation within the European Union and to ensure that Member States protect the rights of individuals to "privacy with respect to personal data", which will eventually include manual records. 6. EC Proposals for European Gas Liberalisation Purpose: To establish common rules for the transmission, distribution, supply, and storage of natural gas. 7. Convention between the Member States of the European Communities on Double Jeopardy Purpose: To safeguard a person whose trial has finally been disposed of in a Member State so he may not be prosecuted in another member State in respect of the same facts, provided that, if a sanction was imposed, it has been enforced, is actually in the process of being enforced, or can no longer be enforced under the laws of the sentencing State. 8. Convention on Transfrontier Television Purpose: To improve the free flow of programmes between Member States of the Council of Europe and to establish certain minimum standards on matters such as advertising, taste and decency, and the portrayals of sex and violence. 9. Council of Europe Convention Relating to Questions on Copyright Law and Neighbouring Rights in the Framework of Transfrontier Broadcasting by Satellite Purpose: To co-ordinate certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission. 10. 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 signatories. 11. 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. 12. International Convention for the Prevention of Air Pollution from Ships Purpose: To update existing legislation and reflect the current position with regard to the prevention of air pollution from ships. 13. 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. 14. Multilateral Agreement on Investment Purpose: To facilitate direct investment between countries on a non-discriminatory basis. 15. Vienna (UN) Convention A - on Road Traffic Purpose: To standardise internationally road traffic rules of a technical and legal nature and to permit free movement of vehicles that conform to these standards. B - on Road Signs and Signals Purpose: To standardise internationally road signs and signals. 16. 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 disadvantaged as against legitimate children. 17. EC Fish Health Directive 91/67 Purpose: To prevent the introduction and spread of fish disease. 18. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Purpose: To regulate the international trade in wild animal and plant species whose survival is endangered. This entry addresses Regulations related to the Convention which have been in force in the Island since 31st October 1976. 19. Bilateral Extradition Treaty between UK and Federal Republic of Brazil Purpose: To allow extradition arrangements to be established with Brazil. 20. Basel Convention on the control of Transboundary Movements of Hazardous Wastes and Their Disposal Purpose: To limit and control the movement of hazardous and other wastes between countries and provide assistance to developing countries with the movement of such waste. 21. European Directive on the Welfare of Animals During Transport Purpose: To harmonise and lay down stricter conditions for the transport of certain types of animal. Part 3: Matters Recently Resolved 1. Distance Selling Directive Purpose: To approximate 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 do not involve the seller and consumer coming into face to face contact. Designed to perfect the internal market for goods and services. Action: The Insular Authorities have informed Her Majesty’s Government that, since the directive concerns areas that are not covered by Protocol 3 to the United Kingdom’s Act of Accession to the EC Treaty, they are of the opinion that it is not applicable to the Island. 2. ILO Convention 111 (Discrimination and Employment Occupation) and 138 (Minimum Age for Admission to Employment) Action: The Insular Authorities have decided that, at this stage, they do not wish to be included in any ratification of the ILO Conventions by the United Kingdom. 3. European Community Convention on Insolvency Proceedings Purpose: To resolve the conflict of laws and rules applicable to various types of insolvency proceedings. Action: The Insular Authorities had indicated that they were not in a position to say whether they wished the Convention to apply to Jersey. A Consultative Document issued by the United Kingdom Insolvency Service has been sent to various industry bodies and professional associations in the Island for their comment, and the Insular Authorities had expressed the hope that, in the negotiation of any extension clause, provision could be made for the extension of the Convention at a later date. However, the Convention has now fallen and no further action is being taken until otherwise advised by the Home Office. 4. 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 reduce emissions by using the best available technology (e.g. Petrol vapour recovery). Action: The Insular Authorities and Her Majesty’s Government have agreed that the European Union Directive implementing this Protocol does not apply to Jersey. However, as the Island is included within the terms of the VOC Protocol, there will be a need to implement it as a matter of international law. (Despite being exempt a number of service station retail-outlets in the Island have incorporated the recommended facilities on their premises). 5. Convention on Long Range Transboundary Air Pollution - Oslo Protocol on Further Reduction of Sulphur Emission. Purpose: To achieve further reduction in sulphur emissions. Action: The Insular Authorities have asked that Jersey be included within Her Majesty’s Government’s ratification of the Oslo Protocol in line with their commitment to good environmental practice and with European standards. 6. Draft Convention Establishing the European Police Office (Europol) Purpose: To establish a European police office to improve police co-operation in the field of terrorism, unlawful drug trafficking and other serious forms of international crime. Action: The Insular Authorities have indicated that they do not wish the provisions of the Act to be extended to Jersey. 7. International Convention for the Protection of New Varieties of Plants and Council Regulation No.2100/94 on Community Plant Variety Rights Purpose: To give the breeder some financial protection for his plant material for a varying number of years after its introduction. Action: The 1997 Plant Varieties Act repeals and replaces the 1964 Act which was to have been extended to Jersey by Order in Council. The Insular Authorities no longer seek extension of the 1964 Act and consideration is being given to the new provisions. 8. Chicago Convention - Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 Purpose: To revise existing investigative arrangements. Action: The Insular Authorities are providing a list of exceptions, adaptations and modifications to the Regulations in order that the legislation can be extended to Jersey by Order in Council. 9. Convention on Customs Treatment of Pool Containers Used in International Transport Purpose: To provide for further efficiencies in the use of containers. Action: The Insular Authorities have indicated their wish to be included in Her Majesty’s Government’s ratification of this Convention. 10. 1996 Protocol to amend the 1976 Convention on Limitation of Liability for Maritime Claims (the LLMC Protocol) Purpose: Builds on the 1976 Convention which establishes common procedural rules for limitation of liability in respect of general maritime claims. The protocol sets higher limits on shipowner liability for general maritime claims. Action: The Insular Authorities have indicated their wish to be included in Her Majesty’s Government’s ratification of this Protocol. 11. International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea Purpose: To make provision for claims for damage arising from the carriage of hazardous and noxious substances by sea. To provide adequate, prompt and effective compensation for loss or damage caused by hazardous or noxious substances carried on sea-going ships. Action: The Insular Authorities have indicated their wish to be included in Her Majesty’s Government’s ratification of this Convention. 12. Convention on Safety of UN and Associated Personnel Purpose: To create a regime for prosecution or extradition of persons accused of attacking UN peacekeepers and other persons associated with UN operations. Action: The Insular Authorities have decided to seek the extension to the Island of the United Kingdom/UN Personnel Act 1997 subject to appropriate exceptions, adaptations and modifications. 13. Convention on the Contract for the International Carriage of Goods by Road Purpose: To standardise the conditions governing the contract for the international carriage of goods by road. Action The Insular Authorities have indicated their wish that the Convention be extended to the Island by means of an extension of the United Kingdom Carriage of Goods by Road Act 1965, rather than by introducing insular legislation as originally proposed. 14. European Convention on the Protection of Archaeological Heritage Purpose: To take measures to protect the archaeological heritage of Europe. Action: The Insular Authorities have been advised of the revised Convention which replaces the original Convention of 1969. The Insular Authorities have indicated their wish to remain included in Her Majesty’s Government’s ratification of this Convention. 15. Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime Purpose: To provide for mutual assistance in the investigation, restraint and confiscation of the proceeds of crime. Action: Legislation has been prepared to enable the convention to be ratified. It is expected that a draft Law will be presented to the States shortly. 16. ICERD - Racial Discrimination Purpose: To render all forms of racial discrimination unlawful; to prevent the dissemination of ideas based on racial superiority; to prevent activities inciting racial discrimination or hatred. Action: The Policy and Resources Committee has been charged with taking the necessary steps to prepare appropriate insular legislation and the matter has been recommended as part of the legislation programme for 2000. 17. Vienna Convention - UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances/1988 Purpose: To promote co-operation among the Parties so that they may address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances having an international dimension. Action: Her Majesty’s Government’s ratification of this Convention was extended to Jersey on 7th July 1997. 18. Revised Convention of Social Security between the Government of the United Kingdom and the Government of the Republic of Ireland Action: The States of Jersey decided on the 9th September 1997 that the above Convention should apply to Jersey. 19. Warrant for Blue Ensign Purpose: The Warrant allows all vessels employed in the service of the States of Jersey to wear a Blue Ensign, defaced with the Badge of Jersey in the fly. In response to a general enquiry, the Insular Authorities were informed that since 1985, the Ministry of Defence has permitted all vessels employed in government service to wear the defaced ensign. It has taken the view that for this purpose, ships of the States of Jersey may be described as "government ships". 20. Universal Postal Union - Seoul Congress Purpose: A body within the United Nations whose charter is to facilitate the receipt and exchange of postal items and the freedom of transit of items within the territories of the membership. The Union has drawn up some Acts to update its procedures and it is on these that the Insular Authorities have been asked to comment. Action: Her Majesty’s Government’s ratification of the Acts has been extended to include Jersey. 21. Istanbul Convention - Customs Co-operation Council Convention on Temporary Admission Purpose: To bring together in one instrument the present proliferation of international temporary admission provisions. Action: The Convention was ratified by the United Kingdom, including Jersey, on the 18th September 1997. 22. EC Directive Concerning the Placing of Biocidal Products on the Market Purpose: To control the authorisation and the placing on the market of biocidal products within the Member States of the EU. Action: The Insular Authorities are of the view that the proposal is not applicable to the Island under the terms of Protocol 3. There is no producer of biocidal products in Jersey and it is unlikely that such producers would ever be established in the Island. 23. International Atomic Energy Agency Convention on Nuclear Safety Purpose: The purposes are to achieve and maintain nuclear safety world-wide through the enhancement of national measures and international co-operation; establish and maintain effective defences in nuclear installations against radiological hazards; to protect individuals, society, and the environment; and to prevent accidents with radiological consequences and to mitigate such consequences should they occur. Action: The Convention was ratified and entered into force for the United Kingdom, including Jersey, on the 24th October 1996. 24. 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 wish Jersey to be included within Her Majesty’s Government’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. |