some trouble tracking down the famous "Protocol 3", failing
miserably on the gov.im web site and the gov.uk web site, however
the Channel Islands seem to be more open about the subject and I
tracked down a copy complete with explanatory notes from an organisation
called A.T.T.A.C (Association For The Taxation Of Financial Transactions
For The Benefit Of The People)
of Accession of the United Kingdom to the European Community
Protocol 3 On the Channel Islands and the Isle of Man
(Articles 2, 4 and 6are of most relevance.)
The Community rules on customs matters and quantitative restrictions,
in particular those of the act of accession, shall apply to the
Channel Islands and the Isle of Man under the same conditions as
they apply to the United Kingdom. In particular customs duties and
charges having equivalent effect between those territories and the
Community as originally constituted and between those territories
and the Member States shall be progressively reduced in accordance
with the timetable laid down in Articles 32 and 36 of the Act of
Accession. The Common Customs Tariff and the ECSC unified tariff
shall be progressively reduced in accordance with the timetable
laid down in Articles 39 and 59 of the Act of Accession, and account
being taken of Articles 109, 110 and 119 of that Act.
In respect of agricultural products and products processed therefrom
which are the subject of a special trade regime, the levies and
other import measures laid down in Community rules and applicable
by the United Kingdom shall be applied to third countries.
Such provisions of Community rules, in particular those of the Act
of Accession, as are necessary to allow free movement and observance
of normal conditions of competition in trade in these products shall
also be applicable.
The Council, acting by a qualified majority on a proposal from the
commission, shall determine the conditions under which the provisions
referred to in the proceeding subparagraphs shall be applicable
to these territories.
rights enjoyed by Channel Islanders or Manxmen in the United Kingdom
shall not be affected by the Act of Accession. However, such persons
shall not benefit from Community provisions relating to the free
movement of persons and services.
provisions of the Euratom Treaty applicable to persons or undertakings
within the meaning of Article 196 of that Treaty shall apply to
those persons or undertakings when they are established in the aforementioned
authorities of these territories shall apply the same treatment
to all natural and legal persons of the Community.
during the application of the arrangements defined in this Protocol,
difficulties appear on either side in relations between the Community
and these territories, the Commission shall without delay propose
to the Council such safeguard measures as it believes necessary,
specifying their terms and conditions of application.
The Council shall act by a qualified majority within one month.
this Protocol, Channel Islander or Manxman shall mean any citizen
of the United Kingdom and Colonies who holds that citizenship by
virtue of the fact that he, a parent or grandparent was born, adopted,
naturalised or registered in the island in question; but such a
person shall not for this purpose be regarded as a Channel Islander
of Manxman if he, a parent or grandparent was born, adopted, naturalised
or registered in the United Kingdom. Nor shall he be so regarded
if he has at any time been ordinarily resident in the United Kingdom
for five years.
The administrative arrangements necessary to identify these persons
will be notified to the commission.
END OF PROTOCOL
"Holder is not entitled to benefit from
European Community provisions relating to employment or establishment."
This message can be found stamped inside the passports
of people of 'pure' Channel Island and Isle of Man (Manx) descent
as well as those born in the islands to European parents, in other
words, people who have a parentage that is not of the United Kingdom.
What does this mean?
Channel Islanders and Manxmen are not covered by
the rights of the freedom of movement of workers and therefore have
no automatic right to work or start a business within mainland Europe.
Why is the Stamp in the Passports?
The stamp first appeared in islander's passports
after the accession of the United Kingdom to the European Community.
The U.K. government negotiated on behalf of the islands and the
result of these negotiations was Protocol 3. It is because of this
protocol that the stamp became a part islander's passports.
What is a Channel Islander and a Manxman?
These are arbitrary terms created by the United
Kingdom and the European Community to differentiate people born
of Channel Island and Manx heritage from immigrants from the U.K.
Anybody born, naturalised, registered or adopted within the islands
who cannot prove that they have a parent or grandparent who was
born in the U.K. is immediately subject to the terms of Protocol
It must be remembered that there is no legal administrative area
known as the Channel Islands and that for all other purposes people
born in the islands are British.
Does this mean that a child of European
parents who is born in the islands has no right to work in Europe?
The short answer to this is 'yes'. Jersey, for example, has a large
Portuguese population. Children born in the island to Portuguese
parents have no right to work in Europe unless they maintain dual
nationality. If these children were born in the U.K. mainland, they
would have these rights.
What does A.T.T.A.C. want to do about this?
A.T.T.A.C. feels that Protocol 3 is unjust. It
is a breach of human rights that forces the Jersey authorities to
discriminate between islanders who were all born on the islands.
Protocol 3 discriminates between people of European Community origin,
favouring people of United Kingdom origin over those of other European
nationalities. A.T.T.A.C. is lobbying politicians to highlight this
discrimination and bring about political pressure for the removal
of Protocol 3 as well as preparing a case to be heard in front of
the European Court of Human Rights that aims to have the protocol
declared a breach of European human rights law.
Objections to Protocol 3
The distinction between 'Channel Islanders' and
the majority of residents on the islands is discriminatory, a breach
of human rights and means that all residents of the island are not
treated equally by either the local or EU governments.
Protocol 3 discriminates between people of United Kingdom parentage
and people born to families of other European Union states. This
is a clear breach of EU non-discrimination laws.
The distinction 'Channel Islander' is not a fair or legal term as
there is no nation or state that carries this name.
As the islands'
governments are only responsible for domestic affairs, the United
Kingdom government is still responsible for the islands' international
affairs. 'Channel Islanders' and 'Manxmen' are denied true democratic
representation on an international level.