European Economic
Area (Jersey) Law 1995
A LAW to make provision in relation
to the European Economic Area
Commencement
[see endnotes]
1 Interpretation[1]
(1) In this Law –
“Agreement” means
the Agreement on the European Economic Area signed at Oporto on 2nd May 1992,
together with the Protocol adjusting that Agreement signed at Brussels on 17th
March 1993;
“EU obligation”
means any obligation created by or arising by or under the Treaties;
“1973 Law” means
the European Union (Jersey) Law 1973[2].
(2) In this Law, unless the context otherwise
requires, expressions defined in Article 1 of the 1973 Law (including
“Communities”, “EU” and “Treaties”) have
the meanings assigned to them by that Law.
2 Consistent application of law to whole of European Economic Area
(1) Where –
(a) the operation of any
enactment in force at the commencement of this Law is limited (expressly or by
implication) by reference to the Communities or the EU or
by reference to some connection with the Communities or the EU; and
(b) the enactment relates
to a matter to which the Agreement (as it had effect on 1st January 1994)
relates,
then, unless the context otherwise requires, the enactment shall
have effect in relation to that matter on and after the commencement of this Law
with the substitution of a corresponding limitation relating to the European
Economic Area (or, where appropriate, to both the EU and the European Economic
Area).[3]
(2) Paragraph
(1) of this Article shall –
(a) not apply to an
enactment by reason only that it refers to, or to a provision of, one of the
Treaties or an EU instrument;
(b) in the case of an
enactment the operation of which is limited by reference to an EU institution,
not be construed as requiring the substitution of a limitation relating to the
EFTA Surveillance Authority or the EFTA Court;
(c) not be regarded as
prejudicing, or as having an effect which is inconsistent with, the operation,
by virtue of the Agreement, of Article 2(1) of the 1973 Law; and
(d) have effect subject to
such exceptions and modifications as the States may by Regulations provide.[4]
3 General implementation of the Agreement
Subject to Article 2,
where by virtue of the Agreement it is necessary for the purpose of
implementing an EU obligation that any enactment in force at the commencement
of this Law should have effect with modifications which can be ascertained from
the Agreement, then on and after the commencement of this Law, that enactment
shall have effect with those modifications.[5]
4 Judicial notice and evidence
Article 3(2) to (4) of the 1973 Law have
effect –
(a) in
relation to the EFTA Court (established under Article 108 of the
Agreement) as they have effect in relation to the European Court; and
(b) in
relation to the EFTA Surveillance Authority (also established under that Article)
as they have effect in relation to an EU institution other than the European
Court.[6]
5 Citation
This Law may be cited as the European Economic Area (Jersey) Law 1995.