£
2
26 January before it is sent to the EFTA countries. I should, therefore, be grateful for material on the points mentioned as paragraph 13 of GC-EXEQ/11/86 namely:-
(a) a list of the territories to which the Parallel Convention will apply,
(b) a indication of the constitutional relationship between these territories and the mother country,
(c) information as to the judicial system existing in the
territories,
(a)
information on the language used in those territories.
Norway also asked, on behalf of the EFTA countries, for information on the appeal structure in these territories. Off the cuff, I said that appeal would ultimately lie to the Judicial Committee of the Privy Council. Norway also wished to know whether there was any possibility of preliminary references to the ECJ from these territories. This is almost certainly an aberrant request, since the Parallel Convention itself will not provide for preliminary references to the ECJ and whatever the arrangements are for preliminary references on EC Treaty questions, they do not in any event apply to the Brussels Convention which has a separate arrangement under the 1971 Protocol. Moreover, the EC Treaties do not apply to most of the territories in question.
Nevertheless, I think we need to bear in mind that what we are seeking in the Parallel Convention is a wider power of extension than exists in the Brussels Convention. Article 60 of the Brussels Convention permits us to extend, but only to "any European territory outside the United Kingdom for the international relations of which the UK is responsible". This would cover the Channel Islands, the Isle of Man, Gibraltar and the Sovereign Base Areas of Cyprus. I am not sure of the reasons for the restriction to "European" territories, since there is nothing in Article 220 EEC Treaty which confines the scope of any convention between Member States to the territories to which the EEC Treaty applies. As much is borne out in the text of Article 60 itself, since it would be possible to make a declaration of extension in respect of the Sovereign Base Areas in Cyprus (cf. section 39 Civil Jurisdiction and Judgments Act 1982) whereas the EEC Treaty does not apply to these territories (cf. Article 227(b) EEC Treaty), and does not apply fully to the other European territories. Similarly, the EEC Treaty does not apply generally to the Netherlands Antilles, but Article 60 allows and extension in respect of these territories (and the Netherlands has recently used this provision in its declaration in respect of Aruba). I do not think, therefore, that the Brussels Convention has to be confined in its territorial scope to the territories to which the EEC Treaty applies.
/...3