28.5.2008 Official Journal of the European Union L 138)21 COMMISSION DECISION of 8 May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey (notified under document number C(2008) 1746) (Text with EEA relevance) (2008/393EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ('), and in particular Article 25(6) thereof, After consulting the Working Party on Protection of Individuals with regard to the processing of personal data (%), Whereas: (1)  Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States’ laws implementing other provisions of the Directive are complied with prior to the transfer. (2)  The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary. () OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 18822003 (O] L 284, 31.10.2003, p. 1). (%) Opinion No 8/2007 on the level of protection of personal data in Jersey, adopted on 9 October 2007, available at http://ec.europa.eu/ justice_home/fsj/privacy/workinggroup/wpdocs/2007_en.htm G) (6) Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, and giving particular consideration to a number of elements relevant for the transfer and listed in Article 25(2) thereof. Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community’s present international commitments. The Bailiwick of Jersey is one of the dependencies of the British Crown (being neither part of the United Kingdom nor a colony) that enjoys full independence, except for international relations and defense which are the respon- sibility of the United Kingdom Government. The Bailiwick of Jersey is therefore to be considered as a third country within the meaning of Directive 95/46/EC. With effect from 1951 and 1987 respectively, the United Kingdom’s ratification of the European Convention on Human Rights and the Council of Europe Convention on the Protection of Individuals with regard to automatic processing of personal data (Convention No 108) were extended to the Bailiwick of Jersey. As regards the Bailiwick of Jersey, the legal standards on the protection of personal data largely based on the standards set out in Directive 95/46/EC have been provided for in the Data Protection (Jersey) Law 1987, which entered into force on 11 November 1987 and two ancillary laws, the Data Protection (Amendment) (Jersey) Law 2005, and the Data Protection (Jersey) Law 2005 (Appointed Day) Act 2005.