TNAG-1580-FCO40-2154-Extension-to-Hong-Kong-of-European-Community--European-Free-1987 — Page 12

?

Foreign and Commonwealth Office

London SW1A 2AH

Telephone 01-

Jilepe? Jullet Pull RA 6. 371/3

233 4924

io

M C Carpenter Esq

Lord Chancellor's Dept House of Lords

London SWIA OPW

Dear Michael,

WIK 371//3

RECEIVED IN REGISTRY.

8 DEC 1986

DESK OFFICER

INDEX

PA

REGISTRY Action Taken

me1412

Your reference

Our reference

Date 8 December 1986

EC/EFTA WORKING PARTY ON A PARALLEL CONVENTION TO THE 1968 EC JUDGMENTS CONVENTION

1. We spoke last week about the current position on extention to Dependent Territories in view of the further Working Group discussions which you are attending in Brussels today and the next two days. This letter confirms our discussions, and I am sending a copy by fax to UKREP Brussels for you to pick up as arranged.

2. You told me that at the most recent meeting of the Working Group there was a helpful development in that more heat was turned on the French when the EFTA countries realised that the DOMs like Martinique and Guadeloupe would be within the scope even of Article 64 of the draft Convention as it stands. The heat was therefore turned more on the French than on us. Also it seems that opposition among the EFTA countries to extension was less strong. You may, nevertheless, like to have the following points to draw upon in argument. Most of them were prompted by Peter Rodney's record enclosed with his letter of 29 September of the meeting on 15-17 September:

(a) the fact that territorial extension clauses are becoming increasingly rare does not mean that we have to accept in fora other than those dominated by a third world majority that they should disappear entirely. In an EC/EFTA context there should be no ideological barrier to the recognition of the merit of extending to dependent territories which are growing financial and commercial centres the facility of enforcement of judgments.

(b) Article 60 of the 1968 Convention as amended provides that the Convention shall apply automatically to the French DOMs and TOMS and gives us the facility to make a declaration applying it to our dependent territories situated outside Europe. If the EC countries can accept such powers of extension, and automatic application in the case of the French territories, why is it so unthinkable that the EFTA countries should do the same?

The type

of clause the Swiss are suggesting, giving a right of objection to each other individual State party, is virtually unprecedented, and would create a most confused and undesirable situation.

/ (c)