Open General Import Licence and the Open General Export Licence: Amendments

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[THIS DECISION HAS BEEN RESCINDED BY MD-PE-2019-0031] A decision made on 28 February 2019

Decision Reference: MD-PE-2019-0029
Decision Summary Title :	Amendments to the Open General Import Licence and the Open General Export Licence made under the Customs (Jersey) Law 2002		Date of Decision Summary:	25 February 2019
Decision Summary Author:	Head of Waste Regulation		Decision Summary: Public or Exempt?(State clauses from Code of Practice booklet	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Request the Minister for Home Affairs amends the Open General Import Licence and the Open General Export Licence made under the Customs (Jersey) Law 2002		Date of Written Report:	25 February 2019
Written Report Author:	Head of Waste Regulation		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendments to the Open General Import Licence and the Open General Export Licence made under the Customs (Jersey) Law 2002.
Decision(s): The Minister approved proposals to seek amendments to the Open General Licences made under the Customs (Jersey) Law 2002, to ban the imports and export of controlled substances except those permitted by the Montreal Protocol.
Reason(s) for Decision: To enable Jersey to demonstrate that it complies with amendments to the Montreal Protocol in order to export waste refrigeration equipment and gasses.
Resource Implications: There are no financial or manpower resource implications.
Action required: Request that the Minister for Home Affairs make the appropriate changes to the open general licences
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Open General Import Licence and the Open General Export Licence: Amendments

GROWTH HOUSING AND ENVIRONMENT

Request amendments to the Open General Import Licence and the Open General Export Licence made under the Customs (Jersey) Law 2002

Purpose of the Report

To seek the Minister for the Environment’s support to request that the Minister for Home Affairs amends the Open General Import Licence and the Open General Export Licence made under the Customs (Jersey) Law 2002.

This is necessary to demonstrate to the UK Government that Jersey is complying with the amendments to the Montreal Protocol (on substances that deplete the ozone layer). This will allow the export of waste refrigeration equipment and gasses for appropriate disposal and recovery which has been prevented since May 2017.

Background

While Jersey has ratified the original Montreal Protocol and subsequent London and Copenhagen amendments of 1990 and 1992, the Montreal and Beijing amendments of 1997 and 1999 have not been extended to Jersey. The Kigali amendment of 2016 has not been extended to Jersey.

In May 2017 the UK’s Department for Environment, Food and Rural Affairs (DEFRA) indicated that shipments of controlled substances (under the Montreal Protocol) from Jersey to the UK were no longer permitted. This created an immediate problem for Jersey in dealing with refrigeration equipment and gasses containing ozone depleting substances (ODS) for which the only environmentally acceptable disposal option was export to a specialist recovery plant in the UK.

Since this time certain older types of refrigeration equipment and gasses have been stockpiled in Jersey awaiting confirmation that exports can continue. In order for Jersey to be able to export these controlled substances, the UK needs to extend ratification of the Montreal and Beijing amendments to Jersey. Jersey needs the appropriate domestic legislation and other provisions in place to meet the obligations in the Montreal Protocol amendments. Imports and exports of ODS are banned except those permitted by the Protocol.

Licensing of imports and exports to and from Jersey operates through a system of ministerial Orders made under the Customs (Jersey) Law 2002 and open general licences made by the Agent of the Impots. These open general licences need to be amended to ban the imports and export of controlled substances, except those permitted by the Montreal Protocol. This will mean that Jersey can demonstrate its compliance with the amendments to the Montreal Protocol, seek ratification from the UK Government, and export waste refrigeration equipment and gasses for appropriate disposal.

Recommendation

The Minister for the Environment is recommended to formally request that the Minister for Home Affairs makes changes to the open general licences in liaison with Law Officers.

Written by:	Head of Waste Regulation

Approved by:	Group Director , Regulation

Date: 25th February 2019

Ministerial Decision Case Ref: MD-PE-2019-0029