A full list of outstanding matters will be published in the February issue of each year. In the interim, readers are referred to Parts 1 and 2 of the preceding issue at pages 73-80. However, matters which have since been resolved are noted in Part 3 of this issue.
1.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 betweencountries and provide assistance to developing countries with the movement ofsuch wastes.
Action: The necessary legislation to permit ratification of this Convention to beextended to the Bailiwick will not be in place for a further two or three years. Inthe interim, the Insular Authorities are in the process of signing abilateralagreement with Her Majesty's Government.
2.Universal Postal Union - Seoul Congress
Purpose: A body within the United Nations whose charter is to facilitate the receipt andexchange of postal items and the freedom of transit of items within the territoriesof the membership. The Union has drawn up some Acts to update its proceduresand it is on these that the Insular Authorities have been asked to comment.
Action: The Insular Authorities have requested that Her Majesty's Government'sratification of the Acts be extended to include the Bailiwick.
3.Bonn Convention on the Conservation of Migratory Species of Wild Animals - New Agreement on the Conservation of African-Eurasian Migratory Waterbirds
Purpose: To protect particular species of migratory waterbirds which are under threat.
Action: As Jersey is already included in the Bonn Convention, the Insular Authoritiesrequested that, following the signing of the Agreement by Her Majesty'sGovernment, it should be extended to the Bailiwick. The Home Office has indicated that ratification is unlikely before 1999.
4.Agreements on Road Transport between the Governments of the United Kingdom and Macedonia, Latvia, Estonia and the Ukraine
Purpose: To facilitate road transport between and in transit through the contracting countries.
Action: The Insular Authorities have agreed that the Bailiwick should be included withinthe terms of these Agreements, and have confirmed that the Island has the necessary legislation in place to implement the proposals when they come into force.
5.Geneva Convention (Amendments) Act
Purpose: The Geneva Convention covers the treatment of prisoners of war and the purposeof this enhancement is to make provision for the amendment of the 1957 Act toenable effect to be given to the Protocols additional to the Geneva Conventionsof 1949 and for connected purposes such as the insertion of additional schedules.
Action: The Insular Authorities have asked that the provisions of the Act be extended byOrder in Council to the Bailiwick subject to any exceptions, adaptions andmodifications that may be required.
6.International Atomic Energy Agency Convention on Nuclear Safety
Purpose: To achieve and maintain nuclear safety world-wide through the enhancement of national measures and international co-operation; to establish and maintain effective defences innuclearinstallations against radiological hazards; to protect individuals, society and the environment; to prevent accidents with radiological consequences, and to mitigate any such consequences.
Action: The Insular Authorities have requested that Her Majesty's Government'sratification of the Convention be extended to the Bailiwick.
7.United Nations Convention on the Law of the Sea
Purpose: To regulate in a comprehensive way numerous maritime issues including rightsof navigation (civil & naval), the protection of the coastal and marine environment,rights over living and non-living resources, and marine scientific research.
Action: The Insular Authorities have requested that Her Majesty's Government'sratification of the Convention be extended to the Bailiwick on the understandingthat the Insular Authorities will prepare and enact the legislation required toenforce the Convention.
8.United Nations Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
Purpose: To achieve effective progress towards general and complete disarmament understrict and effective international control, including the prohibition andelimination of all types of weapons of mass destruction.
Action: The Insular Authorities have agreed to the provisions of the Chemical WeaponsAct 1996 being extended by Order in Council to Jersey subject to any necessaryamendments, adaptations and modifications that may be required.
9.Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption.
Purpose: To ensure inter-country adoptions are in the best interests of the child; to preservethe child's rights by establishing a system to ensure recognition of inter-countryadoption.
Action: The Insular Authorities have requested that Her Majesty's Government'sratification of the Convention should include the Bailiwick. The Convention willbe brought into effect through extension by Order in Council of the relevantprovisions of the United Kingdom draft Adoption Bill subject to appropriateadaptations, modifications and exceptions.
10.Convention on the Protection of the Marine Environment in the North East Atlantic
Purpose: To merge the Convention for the prevention of marine pollution from land basedsources (Paris) with the Convention on the prevention of marine pollution bydumping from ships and aircraft (Oslo) including such new concepts as theprecautionary principle, best available technology and best environmental practice.
Action: The Insular Authorities have requested inclusion in Her Majesty's Government'sratification of the Convention and are consulting with Her Majesty's Governmenton the production of a draft law controlling all aspects of water pollution. The Home Office has been informed that the draft legislation is in its final form.
11.Energy Charter Treaty
Purpose: To liberalise energy markets across Europe and the former Soviet Union and topromote investment in the energy sectors of the new democracies in EasternEurope and the republics of the former Soviet Union.
Action: In the light of further information obtained at a meeting held at the Department ofTrade and Industry on 25th July 1996 the Insular Authorities have decided torequest that the Island be included in the United Kingdom ratification of thetreaty. The Insular Authorities have informed the Home Office that the Island does not need to enact any further legislation in order to implement the treaty. However, it appears that ratification has been delayed.
12.European Directive on the Welfare of Animals During Transport
Purpose: To harmonise and lay down stricter conditions for the transport of certain typesof animal.
Action: The Insular Authorities have already confirmed that the Directive will apply tothe Bailiwick and that legislation is required. However, it now appears that a new statutory instrument is being prepared by the UK Government and details of this are awaited.
13.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 copyrightapplicable to satellite broadcasting and cable retransmission.
Action: The Insular Authorities have agreed to the extension of this convention but cannot be included in Her Majesty's Government'sratification of the Convention until the enactment in the Island of new legislationon copyright and related rights. The legislation is complex and isincluded in the 1997 Law Drafting Programme. The UK signed the convention subject to ratification in October, 1996.
14. 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 plant breeder some financial protection for his plant material for a varyingnumber of years after its introduction (normally 20 years).
Action:The Insular Authorities have agreed to extension of this convention and to enact legislation parallel to that of theUnited Kingdom.
15.Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime
Purpose: To provide the widest measure of mutual assistance in the investigation, restraintand confiscation of the proceeds and instruments of crime.
Action:Extension to the Bailiwick awaits the necessary legislation. A draft law has beenprepared and following consultation withinterested parties is expected to be presented to the States during the summer.
16.United Nations Conventions
(a) on Road Traffic
Purpose: To standardise internationally road traffic rules of a technical and legal natureand to permit free movement of vehicles that conform to these standards.
Action: The InsularAuthorities have requested that Her Majesty's Government ratify the Conventionon behalf of the Bailiwick.
(b)on Road Signs and Signals
Purpose: To standardise internationally road signs and signals.
Action: The Public Services Committee is amending the Traffic Signs (Jersey) Order 1968 toallow ratification to take place at the same time as the United Kingdom.
17.Council of Europe Convention on Transfrontier Television
Purpose: To improve the free flow of programmes between member States of the Councilof Europe and to establish certain minimum standards on matters such asadvertising, taste and decency and the portrayal of sex and violence.
Action: The Convention entered into force on the 1st January 1995. The BroadcastingCommittee is preparing briefing instructions for the LawDraftsman.
18.European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children
Purpose: To create a central authority to ensure the enforcement of custody orders whetheror not the child has been kidnapped.
Action: In 1986 the Insular Authorities agreed to extend the United Kingdom legislationby Order in Council but subsequently decided that local legislation should be prepared. The EducationCommittee submitted a request for inclusion in the 1996 Law DraftingProgramme but this was not accepted by the States and will be resubmitted for1997.
19.Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Purpose: To regulate the international trade in wild animals and plant species thesurvival of which is endangered. This entry addresses Regulations related to theConvention which has been in force in the Bailiwick since 31st October 1976.
Action: Proposed European Council Regulations have been received from the HomeOffice and are under consideration. Drafting of a Conservation Law isproceeding. The U.K. Department of the Environment has recently stated that the new EC Regulations would apply to the Island and that CITES licences would not therefore be required for movements between Jersey and the UK or Jersey and the other Islands.
20.Agreement on the Conservation of Bats in Europe, Linked to the Bonn Convention on the Conservation of Migratory Species of Wild Animals
Purpose: To promote the conservation of bats and to protect their habitats.
Action: Ratification of the Agreement requires legislation. Lengthy consultations havebeen taking place with the U.K. Department of the Environment. Work on drawing up a new Conservation Law is inhand.
21.Convention on the Conservation of European Wildlife and Natural Habitats (the Habitats Directive)
Purpose: To conserve wild flora and fauna and their natural habitats especially acrossborders.
Action: As for item 20 above.
22.Hague International Conference on Private International Law Convention on the Civil Aspects of International Child Abduction.
Purpose: To create a central authority to act as point of contact between States to ensurethe child's prompt return when the child has been kidnapped whether or not aCourt Order is in force.
Action: The Insular Authorities have agreed to the extension of Her Majesty'sGovernment's ratification of the Convention to the Bailiwick, and work isproceeding for the introduction of the necessary local legislation to allow forthis.
23.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 each project, the Insular Authorities have decided to takeadvantage of the opportunity to participate in respect of any project that is ofparticular interest to the Island, at their own expense.
24.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 adoptedat the plenipotentiary conference in Kyoto in 1994.
Action: The Insular Authorities have askedHer Majesty's government to ratify the instrument amending the ITU constitutionand convention on Jersey's behalf. Ratification took place on 11th February, 1997.
25.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 LegalAdvisers that, because the subject matter of the Agreements involves the freemovement of goods (precursor chemicals) they fall within the scope of Protocol 3.The Insular Authorities have therefore accepted that Jersey is included withinthe definition of the European Community for the purposes of the Agreementsand that the appropriate EU instruments apply.
26.Convention on the Marking of Plastic Explosives for the Purposes of Detection
Purpose: To bring about international agreement on the marking of plastic and sheetexplosives to facilitate the detection of such explosives and to render moredifficult their use for terrorist acts.
Action: The Insular Authorities indicated in January 1991 that they would wish to beincluded in Her Majesty's Govemment's ratification of the Convention. Work onthe necessary amendments to existing legislation will not start before 1997. In the meanwhile, administrative control will be exercised via local import controls and existing provisions of the Explosives (Jersey) Law 1972.