European Economic
Area (Jersey) Law 1995
A LAW to make provision in relation
to the European Economic Area
Commencement
[see endnotes]
1 Interpretation[2]
(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) 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.