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Open General Import Licence and Open General Export Licence: Amendments

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A decision made on 14 March 2019

Decision Reference:  MD-PE-2019-0032

Decision Summary Title :

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

Date of Decision Summary:

11 March 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

Date of Written Report:

11 March 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

Decision(s): The Assistant Minister approved proposals to seek amendments to the Open General Licences made under the Customs and Excise (Import and Export Control)(Jersey) Order 2006 and the Customs and Excise (Jersey) Law 1999, 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 Gregory Guida

Position:

 

 

 

 

Assistant Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Open General Import Licence and Open General Export Licence: Amendments

 

 GROWTH HOUSING AND ENVIRONMENT

 

Request the Minister for Home Affairs amends the Open General Import Licence and the Open General Export Licence

 

made under the Customs and Excise (Import and Export Control)(Jersey) Order 2006 and the Customs and Excise (Jersey) Law 1999

 

 

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 and Excise (Import and Export Control)(Jersey) Order 2006 and the Customs and Excise (Jersey) Law 1999.

 

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 and Excise (Jersey) Law 1999 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: 11th March 2019

 

Ministerial Decision Case Ref: MD-PE-2019-0032

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