European Union
(Jersey) Law 1973[2]
A LAW to make new provision for the
implementation of the arrangements for Jersey in connection with the European
Communities
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Communities”
means the European Atomic Energy Community, the former European Economic
Community, the former European Community and the former European Coal and Steel
Community;
“EU” means the
European Union, being the Union established by the Treaty on European Union
signed at Maastricht on 7th February 1992 (as amended by any later
Treaty), and includes, if and in so far as the context permits or requires, the
European Atomic Energy Community;
“EU
institution” means any institution of the EU;
“EU instrument”
means any instrument issued by a EU institution;
“European Court”
means the Court of Justice of the European Union;
“member”, in
the expression “member State”, refers to membership of the EU;
“Treaties” or “EU
Treaties” means, subject to the provisions of paragraph (2) of this Article,
the pre-accession treaties, that is to say, those described in the Schedule to
this Law, taken with –
(a) the
treaty relating to the accession of the United Kingdom to the European Economic
Community and to the European Atomic Energy Community, signed at Brussels on
the 22nd January 1972;
(b) the
decision, of the same date, of the Council of the European Communities relating
to the accession of the United Kingdom to the European Coal and Steel
Community;
(c) the
treaty relating to the accession of the Hellenic Republic to the European
Economic Community and to the European Atomic Energy Community, signed at
Athens on 28th May 1979;
(d) the
decision, of 24th May 1979, of the Council relating to the accession of
the Hellenic Republic to the European Coal and Steel Community;
(e) the treaty relating to the accession of the
Kingdom of Spain and the Portuguese Republic to the European Economic Community
and to the European Atomic Energy Community, signed at Madrid and Lisbon on
12th June 1985;
(f) the decision, of 11th June 1985,
of the Council relating to the accession of the Kingdom of Spain and the Portuguese
Republic to the European Coal and Steel Community;
(g) the
following provisions of the Single European Act signed at Luxembourg
on 17th February 1986, namely Title II (amendment of the treaties
establishing the Communities) and, so far as they relate to any of the
Communities or any Community institutions, the preamble and Titles I (common
provisions) and IV (general and final provisions);
(h) Titles
II, III and IV of the Treaty on European Union signed at Maastricht on 7th
February 1992, together with the other provisions of the Treaty so far as they relate to those Titles and the
Protocols adopted at Maastricht on that date and annexed to the Treaty
establishing the European Community with the exception of the Protocol on
Social Policy;
(i) 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;
(j) the
treaty concerning the accession of the Kingdom of Norway, the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden to the European
Union, signed at Corfu on 24th June 1994;
(k) the
following provisions of the Treaty signed at Amsterdam on 2nd October 1997
amending the Treaty on European Union, the Treaties establishing the European
Communities and certain related Acts –
(i) Articles 2
to 9,
(ii) Article 12,
and
(iii) the
other provisions of the Treaty so far as they relate to these Articles, and the
Protocols adopted on that occasion other than the Protocol on Article J.7 of
the Treaty on European Union;
(ka) the following provisions of the Treaty signed at Nice on
26th February 2001 amending the Treaty on European Union, the
Treaties establishing the European Communities and certain related
Acts –
(i) Articles 2
to 10, and
(ii) the
other provisions of the Treaty so far as they relate to those Articles,
and the Protocols
adopted on that occasion;
(l) the
treaty signed at Athens on 16th April 2003 concerning the accession to the
European Union of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic;
(m) the treaty
concerning the accession of Bulgaria and Romania to the European Union, signed
at Luxembourg on 25th April 2005;
(n) the
Treaty of Lisbon Amending the Treaty on European Union and the Treaty
Establishing the European Community signed at Lisbon on
13th December 2007 (together with its Annex and protocols), excluding
any provision that relates to, or in so far as it relates to or could be
applied in relation to, the Common Foreign and Security Policy;
(o) the
Protocol amending the Protocol (No 36) on transitional provisions annexed
to the Treaty on European Union, to the Treaty on the Functioning of the
European Union and to the Treaty establishing the European Atomic Energy
Community, signed at Brussels on 23rd June 2010;
(p) the
treaty concerning the accession of the Republic of Croatia to the European
Union, signed at Brussels on 9th December 2011;
(q) the
Protocol on the concerns of the Irish people on the Treaty of Lisbon, adopted
at Brussels on 16th May 2012,
and any other treaty entered
into by the EU (except in so far as it relates to, or could be applied in
relation to, the Common Foreign and Security Policy), with or without any of
the member States, or entered into, as a treaty ancillary to any of the
Treaties by the United Kingdom.[3]
(2) Where
Her Majesty by Order in Council made in accordance with the provisions of
section 1(3) of the European Communities Act 1972 of the United Kingdom
declares that a treaty specified in the Order is to be regarded as one of the EU
Treaties as defined in that Act, the Order shall be conclusive that it is to be
regarded as one of the EU Treaties as herein defined; but a Treaty entered into
by the United Kingdom after 22nd January 1972, other than a pre-accession
Treaty to which the United Kingdom accedes on terms settled on or before that
date, shall not be regarded as one of the EU Treaties as herein defined unless
it is so specified.[4]
(3) For
the purposes of paragraphs (1) and (2), the expression
“treaty” includes any international agreement, and any protocol or
annex to a treaty or international agreement.
(4) Where
the meaning of “Treaties” and “EU Treaties” in the
corresponding enactment of the United Kingdom is changed, the States may by Regulations
amend the definition of “Treaties” and “EU Treaties”
set out in paragraph (1) of this Article to the extent necessary to give
effect to that change.[5]
(4A) The
Minister may by Order –
(a) amend
any enactment (including this Law) to reflect changes in terminology or
numbering arising out of –
(i) the Treaty of
Lisbon, described in sub-paragraph (n) in the definition “Treaties”
in paragraph (1), or
(ii) any
other treaty becoming, at any time after the signing of the Treaty of Lisbon,
one of the Treaties as defined in paragraph (1); and
(b) to
make any provision incidental or consequential on such an amendment.[6]
(4B) For
the purposes of this Law a reference to the arrangements for the Channel Islands
set out in the Treaties is to be taken to include a reference to –
(a) the
arrangements provided for in Protocol No 3 (OJ No L 73, 27.3.72, p. 164)
of the Act annexed to the treaty described in sub-paragraph (a) of the
definition “Treaties” in paragraph (1);
(b) the
arrangements provided for in Regulation (EEC) No 706/73 of
12 March 1973 (OJ L 68, 15.3.1973, p. 1) concerning the
Community arrangements applicable to the Channel Islands and the Isle of Man
for trade in agricultural products;
(c) the
arrangements provided for in Council Regulation (EEC) No 1174/86 of
21 April 1986 (OJ L 107, 24.4.86, p. 1) amending Regulation
(EEC) No 706/73 concerning the Community arrangements applicable to the
Channel Islands and the Isle of Man for trade in agricultural products; and
(d) if a
withdrawal agreement is concluded under Article 50 of the Treaty on
European Union between the United Kingdom and the European Union, the
arrangements provided for in that withdrawal agreement for the continued effect
in Jersey of the arrangements described in sub-paragraphs (a) to (c).[7]
(5) The
reference in paragraph (2) to section 1(3) of the European
Communities Act 1972 of the United Kingdom shall be construed as a
reference to that section as amended from time to time.[8]
(6) [9]
2 General implementation of Treaty arrangements
(1) For
the purpose of implementing in Jersey the arrangements for the Channel Islands
set out in the Treaties, all rights, powers, liabilities, obligations and
restrictions from time to time created or arising by or under those
arrangements, and all such remedies and procedures from time to time provided
for by or under those arrangements, as in accordance therewith are without
further enactment to be given legal effect or used in the Channel Islands
shall, in Jersey, be recognized and available in law, and be enforced, allowed
and followed accordingly.
(2) Any
enactment passed or to be passed shall be construed and have effect subject to
the provisions of paragraph (1).
(3) [10]
(4) [11]
3 Decisions on, and proof of, Treaties and EU instruments etc.[12]
(1) For
the purposes of all legal proceedings any question as to the meaning or effect
of any of the provisions of the Treaties having effect in Jersey by virtue of
the arrangements for the Channel Islands contained therein, or as to the
validity, meaning or effect of any EU instrument having like effect, shall be
treated as a question of law (and, if not referred to the European Court, be
for determination as such in accordance with the principles laid down by, and
any relevant decision of, the European Court).[13]
(2) Judicial
notice shall be taken of the Treaties, of the Official Journal of the EU and of
any decision of, or expression of opinion by, the European Court on any such
question as aforesaid; and the Official Journal shall be admissible as evidence
of any instrument or other act thereby communicated of the EU or of any EU
institution.[14]
(3) Evidence
of any instrument issued by an EU institution, including any judgment or Order
of the European Court, or of any document in the custody of an EU institution,
or any entry in or extract from such a document, may be given in any legal
proceedings by production of a copy certified as a true copy by an official of
that institution; and any document purporting to be such a copy shall be
received in evidence without proof of the official position or handwriting of
the person signing the certificate.[15]
(4) Evidence
of any EU instrument may also be given in any legal proceedings by production
of a copy purporting to be printed by the Queen’s Printer.[16]
4 EU offences[17]
For the purpose of
implementing in Jersey the arrangements for the Channel Islands set out in the
Treaties, a person who, in sworn evidence before the European Court, makes any
statement which the person knows to be false or does not believe to be true
shall, whether the person is a British subject or not, be guilty of an offence
and may be proceeded against and punished in Jersey as for the offence of
perjury.
5 Citation
This Law may be cited as
the European Union (Jersey) Law 1973.[18]