2008/982/EC: Commission Decision of 8 December 2008 authorising the United Kingdom to conclude an agreement with the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man for transfers of funds between the United Kingdom and each of these territories to be treated as transfers of funds within the United Kingdom, pursuant to Regulation (EC) No 1781/2006 of the European Parliament and of the Council (notified under document number C(2008) 7812)
Date: 2008-12-08
Institutions: European Commission
Subjects: Channel Islands, Isle of Man, United Kingdom, access to information, capital transfer, credit transfer, currency area, money laundering, terrorism

L 352/34

EN

Official Journal of the European Union

31.12.2008

COMMISSION DECISION

of 8 December 2008

authorising the United Kingdom to conclude an agreement with the Bailiwick of Jersey, the
Bailiwick of Guernsey and the Isle of Man for transfers of funds between the United Kingdom
and each of these territories to be treated as transfers of funds within the United Kingdom,
pursuant to Regulation (EC) No 1781/2006 of the European Parliament and of the Council

(notified under document number C(2008) 7812)

(Only the English text is authentic)

(2008/982/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 1781/2006 of
the Council of 15 November
European Parliament and of
2006 on information on the payer accompanying transfers of
funds (1), and in particular Article 17 thereof,

the United Kingdom and therefore
currency area of
comply with the criterion set out in Article 17(1)(a) of
Regulation (EC) No 1781/2006.

(5)

Payment services providers in the Bailiwick of Jersey, the
Bailiwick of Guernsey and the Isle of Man participate
directly in payment and settlement
in the
United Kingdom, and will participate in the future
‘faster payments’ system. They therefore comply with
the criterion set out in Article 17(1)(b) of Regulation
(EC) No 1781/2006.

systems

Having regard to the application from the United Kingdom,

(6)

Whereas:

(1)

(2)

(3)

(4)

On 15 December 2006, the United Kingdom requested a
derogation under Article 17 of Regulation (EC) No
funds between the
1781/2006 for
Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle
of Man and the United Kingdom.

the transfers of

In accordance with Article 17(2) of Regulation (EC) No
1781/2006, transfers of funds between the Bailiwick of
Jersey, the Bailiwick of Guernsey, the Isle of Man respec­
tively and the United Kingdom have been provisionally
treated as transfers of funds within the United Kingdom
from 1 January 2007.

the meeting of

the
Member States were informed at
the Prevention of Money Laundering
Committee for
and Terrorist Financing of 18 April 2008 that
the
Commission considered that it had received the infor­
mation necessary for appraising the request made by
the United Kingdom.

The Bailiwick of Jersey, the Bailiwick of Guernsey, and
the Isle of Man do not form part of the territory of the
accordance with
Community
as
the
form part of
Article 299 of

in
the EC Treaty but

determined

(1) OJ L 345, 8.12.2006, p. 1.

1781/2006

The Bailiwick of Jersey, the Bailiwick of Guernsey and the
Isle of Man respectively have incorporated into their legal
orders provisions corresponding to those of Regulation
through
(EC) No
the
particular
in
‘Community provisions (wire transfers)
(Jersey) Regu­
lations 2007’,
funds ordinances for
Guernsey, Sark and Alderney (Bailiwick of Guernsey)’,
the
(Wire
Transfers Regulation) (application) Order 2007’ and the
‘Isle of Man’s EC Wire Transfer Regulations 2007’.

European Communities

the ‘Transfers of

‘Isle of Man’s

(7)

(8)

The Money Laundering (Jersey) Order 2008 supple­
the prevention and
mented by the Handbook for
detection of money laundering and the financing of
terrorism, the Bailiwick of Guernsey’s Criminal
Justice
(Proceeds of Crime) Regulations 2007 supplemented by
the Handbook for financial services businesses on coun­
tering financial crime and terrorist financing, and the Isle
of Man’s Criminal Justice (Money Laundering) Code 2007
supplemented by the Anti-money laundering guidance
notes handbook, respectively contribute to the building
of a sound anti-money laundering regime in these three
jurisdictions.

The Terrorism (United Nations Measures)
(Channel
Islands) Order 2001 (SI 2001 No 3363) and The
Terrorism (United Nations Measures)
(Isle of Man)
Order 2001 (SI 2001 No 3364) as well as the Al-
Qa’ida and Taliban (United Nations Measures) (Channel
Islands) Order 2002 (SI 2002 No 258) and Al-Qa’ida and
Taliban (United Nations Measures) (Isle of Man) Order
2002 (SI 2002 No 259), in combination with the use
of a consolidated list of asset freeze targets issued by the
United Kingdom which covers the financial sanctions
the European
targets

listed by the United Nations,

31.12.2008

EN

Official Journal of the European Union

L 352/35

Union and the United Kingdom, ensure that appropriate
measures are in place in the Bailiwick of
the
Bailiwick of Guernsey and the Isle of Man to impose
financial penalties vis-à-vis entities or persons listed by
the United Nations or the European Union.

Jersey,

Jersey,

the Bailiwick of

Therefore,
the Bailiwick of
Guernsey and the Isle of Man have adopted the same
rules as those established under Regulation (EC) No
respective payment
1781/2006 and
services providers to apply them,
thus fulfilling the
criterion set out in Article 17(1)(c) of that Regulation.

require

their

HAS ADOPTED THIS DECISION:

Article 1

authorised to conclude
The United Kingdom shall be
agreements with the Bailiwick of
the Bailiwick of
Jersey,
Guernsey and the Isle of Man respectively, to the effect that
the transfers of
the
Bailiwick of Guernsey, the Isle of Man respectively and the
United Kingdom are treated as transfers of funds within the
United Kingdom for
the purposes of Regulation (EC) No
1781/2006.

funds between the Bailiwick of

Jersey,

Article 2

This Decision is addressed to the United Kingdom of Great
Britain and Northern Ireland.

is

therefore appropriate to grant

It
Kingdom the requested derogation.

to the United

Done at Brussels, 8 December 2008.

in this Decision are in
The measures provided for
accordance with the opinion of the Committee on the
Prevention of Money Laundering and Terrorist Financing,

For the Commission

Charlie McCREEVY
Member of the Commission

(9)

(10)

(11)