EU Legislation (Sanctions – Chemical Weapons) (Jersey) Order 2018

Made                                                                      26th October 2018

Coming into force                                                   27th October 2018

THE MINISTER FOR EXTERNAL RELATIONS, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014[1], orders as follows –

1        Interpretation

In this Order –

“General Provisions Order” means the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014[2];

“Regulation (EU) 2018/1542” means Council Regulation (EU) 2018/1542 of 15 October 2018 (OJ L 259, 16.10.2018, p. 12) concerning restrictive measures against the proliferation and use of chemical weapons.

2        Ambulatory references to Annexes

A reference in Regulation (EU) 2018/1542 to an Annex to that Regulation is to be read as a reference to that Annex as amended, substituted, extended or applied from time to time by any other EU provision, or as that Annex otherwise has effect in the EU from time to time by virtue of any judgment of the European Court.

3        Application of general provisions

(1)     This Order is a relevant special Order for the purpose of the General Provisions Order.

(2)     Regulation (EU) 2018/1542 is the relevant EU provision for the purpose of the general provisions of the General Provisions Order, when those general provisions are read as part of this Order.

4        Implementation of Regulation (EU) 2018/1542

Regulation (EU) 2018/1542 has effect as if it were an enactment –

(a)     to any extent that it does not otherwise have effect in Jersey; and

(b)     subject to the modifications made by the general provisions that are to be read as part of this Order by virtue of Article 3 and the General Provisions Order.

5        Offences

(1)     A person who contravenes Article 2 or 8 of Regulation (EU) 2018/1542, as those Articles have effect in Jersey by virtue of Article 4 is guilty of an offence and liable to imprisonment for a term of 7 years and to a fine.

(2)     A person who –

(a)     intentionally furnishes false information or a false explanation –

(i)      to any person exercising powers under Article 10 of the General Provisions Order, as read as part of this Order, or

(ii)      in purported compliance with Article 7(1) of Regulation (EU) 2018/1542, as that Article has effect in Jersey by virtue of Article 4; or

(b)     with intent to evade the provisions of Article 10 of the General Provisions Order as read as part of this Order, destroys, mutilates, defaces, secretes or removes any document,

is guilty of an offence and liable to imprisonment for a term of 2 years and to a fine.

(3)     A person is guilty of an offence, and liable to imprisonment for a term of one year and to a fine, if the person, without reasonable excuse, contravenes –

(a)     Article 10(3) of the General Provisions Order as read as part of this Order; or

(b)     Article 7 of Regulation (EU) 2018/1542, as that Article has effect in Jersey by virtue of Article 4.

(4)     Paragraph (2)(a) does not apply to a contravention –

(a)     by the Minister, of an obligation imposed on the Minister by Article 8 of the General Provisions Order; or

(b)     by a person other than the Minister, of an obligation imposed on that person under Article 9 of the General Provisions Order.

6        Citation and commencement

This Order may be cited as the EU Legislation (Sanctions – Chemical Weapons) (Jersey) Order 2018 and comes into force on the day after it is made.

senator i.j. gorst

Minister for External Relations

 


 



[1]                                    chapter 17.245

[2]                                    chapter 17.245.01


Page Last Updated: 26 Oct 2018