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International Conventions and Agreements
Part 1: New Issues Referred To The Insular Authorities Between 1st April 1998 And 30th September 1998
1. United Nations Convention on Contracts for the International Sale of Goods
Purpose: The Convention, which was adopted by a Diplomatic Conference in Vienna, April, 1980 and came into force in January, 1988, provides a uniform law for the international sale of goods. It enables the United Nations to play a more active role in reducing or removing legal obstacles to the flow of international trade.
Action: The Insular Authorities have engaged in a consultation process to ascertain whether it would be desirable for the Convention to be extended to Jersey.
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 civilization which is common to all European states.
Action: The Insular Authorities have requested a declaration extending the Convention to Jersey. The urgency is due to the fact that the Jersey Maritime Museum is a candidate for the European Museum of the Year Award and the award administrators have a rule which requires all participants to come from countries which are party to the European Cultural Convention, and this needs to be achieved by May, 1999.
3. Locarno Agreement Establishing an International Classification for Industrial Designs
Purpose: The Agreement establishes an administrative classification for industrial design.
Action: The Insular Authorities have requested, as Jersey will eventually have new legislation on design rights similar to that of the United Kingdom, that the Agreement be ratified on behalf of the Island.
4. International Convention on Oil Pollution Preparedness, Response and Co-operation
Purpose: To improve responses to and co-operation in oil pollution incidents.
Action: The Insular Authorities are considering whether the Convention should be extended to Jersey and, if so, whether it should be implemented by local legislation or by extension of UK legislation.
5. 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.
Action:The Insular Authorities have made no comment on what is proposed but have asked that they be kept informed of any further developments.
6. U.K Trade Marks Act, 1994
Purpose: This Act introduced a number of new provisions and in particular made provision for international trade marks and for the Community Trade Mark System.
Action: The Insular Authorities are considering whether there is a need to incorporate into a new Trade Marks Law provisions dealt with by the Paris Convention, 1983, in order for the Island to participate in the Community Trade Mark System, and whether a request should be made for the Paris Convention to be extended to Jersey.
7. U.K Trade Marks Act, 1998
Purpose: This Act makes provision for both Community and Madrid Protocol Trade Marks.
Action: As the Island is not a member State or a signatory of the Paris Convention, its entities are not entitled to hold Community Trade Marks. Jersey’s domestic legislation is now being actively reviewed so that the Island may be able to provide specific proposals for dealing with the international and Community aspects of the UK Trade Marks Act.
8. European Judicial Network
Purpose:To speed up and improve the effectiveness of international and judicial co-operation in criminal matters by helping EU judicial authorities make direct contact with their counterparts in other member States.
Action: The European Judicial Network is being extended to Jersey. The Insular Authorities have nominated the Attorney General as the contact point in the Island for requests for legal assistance.
9. Draft EC Regulation to set limits for Lead and Cadmium in Foodstuffs
Purpose: To set maximum limits for lead and cadmium in foodstuffs.
Action: The European Commission has proposed maximum limits for lead and cadmium in foodstuffs. The Insular Authorities have indicated that when firm proposals are agreed they would wish to see similar standards adopted in Jersey.
10. Amendments to the Customs Convention on the International Transport of Goods under Cover of the TIR Carnets (The TIR Convention) 1975
Purpose: To standardize the conditions governing the international transport of goods under cover of the TIR convention.
Action: Amendments to the TIR Convention, which was extended to Jersey, will come into force on 17th February 1999.
11. British/Irish Agreement on Northern Ireland
Purpose: The agreement involves a commitment to exclusively democratic and peaceful means of resolving political differences through partnership, equality and mutual respect.
Action: The Policy and Resources Committee has agreed that representatives of the Island should participate in the British-Irish Council to be formed as part of the British - Irish Agreement on Northern Ireland.
12. UK-Italy Co-Production Agreement
Purpose: Mutual co-operation in the production of films and the resulting increases in financial and cultural exchanges.
Action: The Insular Authorities have been advised by the UK Department for Culture, Media and Sport and have agreed that there would be no advantage at this time for Jersey to be included in the agreement.
13. Amendments to the 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.
Action: Discussions are continuing with the Law Officers’ Department on the implications for the Island of amendments to the trade-related provisions of the Treaty and a Supplementary Treaty which will open up investment in the energy sector and provide further comfort for investors.
14. The Plant Protection Products Regs 1995, The Plant Protection Products (Amendment) Reg 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 UK Pesticides Safety Directorate to inspect plant protection products on behalf of Jersey applicants and in due course would amend the Pesticides (Jersey) Law, 1991, to take account of this change.
15. Council of Europe Convention on Protection of Farm Animals
Purpose: To introduce general rules to protect animals kept for farming purposes.
Action: The Insular Authorities are currently examining animal welfare legislation with a view to introducing new legislation to cover ‘domestic’ and ‘farm’ animals. This will have regard for the points outlined in the Annex to E.C Directive 98/58.
16. 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: Following further representations from the Home Office the Insular Authorities now consider that the proposed EC Directive should be implemented in the Island and that this can be achieved by the introduction of controls on imports and exports of the products concerned which do not bear the EC Mark.
Part 2: Outstanding Matters Which Remain Under Consideration
1. Bonn Convention on Conservation of Migratory Species - New Agreement on the Conservation of African-Eurasian Migratory Waterbirds
Purpose: To protect particular species of migratory waterbirds which are under threat.
2. 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.
3. Montreal Protocol on Substances that deplete the Ozone Layer.
Purpose:To extend trade controls to methylbromide prohibiting its trade with non-parties, to require that all parties have a licensing system in place for imports/exports of controlled substances, and to require parties in non-compliance to ban exports of used, recycled and reclaimed controlled substances.
4. UNESCO Unidroit Convention on Stolen or Illegally Exported Cultural Objects
Purpose: To curb illicit trade in cultural property in a way which achieves a proper balance between the interest of the legitimate trade in such property and the victims of illicit activity.
5. Brazil Extradition Treaty
Purpose: To allow extradition arrangements to be established with Brazil.
6. 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.
7. 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.
8. Multilateral Agreement on Investment
Purpose:To facilitate direct investment between countries on a non discriminatory basis.
9. European Agreement on Reciprocal Arrangements for Orange Badge Holders
Purpose:To standardize disabled parking permits across the EU.
Part 3: Matters Recently Resolved
1. Kyoto Protocol to United Nations Convention on Climate Change
Purpose: The monitoring of emissions of greenhouse gasses.
Action: The Insular Authorities have stated that they wish Jersey to be included in the UK’s ratification of the Kyoto Protocol. This Protocol sets targets for Europe to reduce its emissions of the six main gases that cause climate change to 8% below 1990 levels between 2008 and 2012.
2. Convention on the Prohibition of the Development, Production, Stockpiling and use of chemical weapons
Purpose: To achieve progress towards disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction.
Action:The Insular Authorities have agreed to the extension of the convention to Jersey. Implementation will be achieved by the extension to the Island of the Chemical Weapons Act, 1996. The UK Department of Trade and Industry have confirmed that the Open General Import Licence has now been extended to Jersey.
3. Basel Convention on the control of Transboundary movements of Hazardous Wastes and their Disposal
Purpose: To control transboundary shipment of hazardous waste, which lists household waste in its Annex II.
Action: Jersey and the UK have entered into a Memorandum of Understanding, which allows exports of certain wastes from Jersey for disposal in the UK. The UK has agreed to amend the memorandum of understanding so that asbestos is included on the list of wastes that the UK currently accepts from Jersey for disposal.
4. Approximation of Provisions relating to Proprietary Medicinal Products (EU Directive - 75/319/EEC)
Purpose: Requires any manufacture of proprietary medicinal products to fall within the requirements of the Directive.
Action: The EU Directive has already been implemented in Jersey by the Medicines (Jersey) Law, 1995.