Open General Import Licence and Open General Export Licence: Amendments

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

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