This section is aimed at Government officials who are negotiating EU Directives, implementing them or who want to know whether a Directive applies to Jersey, Guernsey and the Isle of Man. Further information on the EU is available from the European Secretariat at the Cabinet Office.
Jersey, Guernsey and the Isle of Man are not Member States of the European Union and are not part of the UK Member State. They have a special relationship with the EU provided by Protocol 3 to the United Kingdom's Treaty of Accession to the European Community. This relationship cannot be changed without the unanimous agreement of all Member States.
Under Protocol 3, the islands are part of the customs territory of the Community. The common customs tariff, levies and agricultural import measures apply to trade between the Islands and non-member countries. There is free movement of goods and trade between the Islands and the Member countries.
Free movement of persons and services do not apply to Guernsey, Jersey and the Isle of Man. Protocol 3 also covers state aid, application of EU agricultural rules and application of the Euratom Treaty rules. The Islands are also required to give all EU Member States equal treatment under Community Law.
Third pillar justice and home affairs initiatives do not apply to the Islands.
UK regulations that implement an EU Directive do not apply to Jersey, Guernsey and the Isle of Man, even when the Directive does. Where a Directive does apply, the Islands will each make their own provisions to implement the Directive. They may also opt in to European Union Directives, even when the matter does not fall under the scope of Protocol 3.
If you are uncertain whether a Directive applies to Jersey, Guernsey and the Isle of Man, please contact us.
If you are negotiating an EU Directive you should take into account Jersey, Guernsey and the Isle of Man. This is because they have no representation within the EU. Officials from the Islands' administrations will be happy to offer advice. Please contact us for their details.