Accession of Bulgaria and Romania to the European Union.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (20/11/2006) regarding Accession of Bulgaria and Romania to the European Union.

Subject:	Accession of Bulgaria and Romania to the European Union
Decision Reference:	MD-C-2006-0053		Exempt clause(s):	–
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	European Communities (Accessions) (Jersey) Regulations 200-
Written report – Author (name and job title)	International Relations and Policy Officer
Decision(s): To lodge the European Communities (Accessions) (Jersey) Regulations 200- (as attached) for adoption by the States In accordance with Standing Order 26(7) of the States of Jersey, to request that the item is handled as an urgent and important matter, and to seek a debate at the next meeting.
Reason(s) for decision: On 1 January 2007, Romania and the Republic of Bulgaria will become members of the European Union, subject to the provisions of the E.U. Accession Treaty signed at Luxembourg on 25 April 2005. The United Kingdom has enacted the European Union (Accession) Act 2006, which adds the E.U. Accession Treaty 2005, to the list of Community Treaties in the European Communities Act 1972. In accordance with Jersey’s international obligations it is necessary to amend the European Communities (Jersey) Law 1973 to similarly add the 2005 E.U. Accession Treaty to the list of Community Treaties in Article 1(1) of the 1973 Law. Article 1(3A) of the European Communities (Jersey) Law 1973, enables the States to make Regulations to modify the list of Community Treaties in the 1973 Law as necessary to reflect similar changes made in the equivalent U.K. legislation. It is essential for these Regulations to be brought into force before the accession date of 1 January 2007, and the States should therefore be asked to treat the matter as an urgent and important item in accordance with Standing Order 26(7) of the States of Jersey.
Action required: · Notify Greffier of decision to lodge the Regulations – and copy report to Greffe. · Request a copy of the Regulations is forwarded to the Greffe by the Law Draftsman. ·
Signature: Chief Minister		Date of Decision: 20 November 2006

Accession of Bulgaria and Romania to the European Union.

European Communities (Accessions) ( Jersey ) Regulations 200-

Report

–––––––––––––––––––––––––––––––––––––––––––––––––––-

The Regulations are made under provisions of Article 1(3A) of the European Communities (Jersey) Law 1973, which enables the States to make Regulations to modify the list of Community Treaties in the 1973 Law as necessary to reflect similar changes made in the equivalent U.K. legislation.

On 1st January 2007, Romania and the Republic of Bulgaria will become members of the European Union. The United Kingdom has enacted the European Union (Accession) Act 2006, which adds the E.U. Accession Treaty signed at Luxembourg on 25 April 2005, concerning the accession of the Republic of Bulgaria and Romania to the European Union, to the list of Community Treaties in the European Communities Act 1972.

A proposed change to the European Communities (Jersey) Law 1973 would similarly add the 2005 E.U. Accession Treaty to the list of Community Treaties in Article 1(1) of the 1973 Law, and mirrors the change made by the U.K. to the definition of ‘the Treaties’ and ‘the Community’ in the European Communities Act 1972.

The purpose of the amendment is to give effect in Jersey to the 2005 Accession Treaty and the enlargement of the E.U., so that the provisions of Protocol 3 to the U.K. Act of Accession, which governs the Island’s relationship with the E.U., will apply in relation to the expanded Union.

It is not anticipated the legislation will have any additional revenue or manpower implications for the States; in fact, a manpower saving will be derived from a reduced requirement for the issue of work permits.