The European Union (Definition of Treaties) (Work in Fishing Convention) Order 2018

Draft Order laid before Parliament under section 1(3) of the European Communities Act 1972, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2018 No.

European Union

The European Union (Definition of Treaties) (Work in Fishing Convention) Order 2018

Made

2018

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the *** day of ***

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 1(3) of the European Communities Act 1972(1), a draft of this Order was laid before, and approved by a resolution of, each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred by section 1(3) of the European Communities Act 1972, is pleased, by and with the advice of her Privy Council, to order as follows:

Citation and commencement

1.  This Order may be cited as the European Union (Definition of Treaties) (Work in Fishing Convention) Order 2018 and comes into force on the day after the day on which it is made.

Specification as an EU Treaty

2.  The Work in Fishing Convention, adopted at Geneva on 14th June 2007(2), is to be regarded as an EU Treaty as defined in section 1(2) of the European Communities Act 1972(3)

Name

Clerk to the Privy Council

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order declares the Work in Fishing Convention, adopted by the International Labour Organisation at Geneva on 14th June 2007 (“the Convention”), to be an EU Treaty within the meaning of section 1(2) of the European Communities Act 1972.

The object of the Convention is the protection of workers on board commercial fishing vessels.

The provisions of the Convention aim to ensure that fishing vessels are constructed and maintained so that workers have decent living conditions on board.

The Convention contains matters within the competence of the European Union, although the European Union is not able to become a party to the Convention itself. Those matters which do not fall within European Union competence are ancillary to the provisions of the EU Treaties regarding transport and employment, in particular those which promote social protection and raise the standard of living and working conditions on board commercial fishing vessels.

The principal effect of declaring the Convention to be an EU Treaty is that the provisions of section 2 of the European Communities Act 1972 (which provide for the general implementation of EU Treaties) apply to it.

A copy of Command Paper 7375 of May 2008 (International Labour Conference - Presentation of the Convention and two Recommendations adopted at the 96th Session of the International Labour Conference (2007) and the proposed action by Her Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland on the Convention and Recommendation) is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/238738/7375.pdf and may be inspected free of charge at the Parliamentary Archives which are located in the Palace of Westminster, London SW1A 0AA.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1972 c. 68. Section 1(3) was amended by section 3(3) of, and Part 1 of Schedule 1 to, the European Union (Amendment) Act 2008 (c. 7).

(2)

Cm 7375.

(3)

Section 1(2) was amended by section 3(1) and (3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008.