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Official Controls (Animals, Food, Feed and Plant Health Etc.) (Jersey) Regulations 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 December 2021

Decision Reference: MD-PE-2021-0070

Decision Summary Title:

Lodging of: Draft Official Control (Jersey) Regulations 202-

Date of Decision Summary:

04 November 2021

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Lodging of: Draft Official Control (Jersey) Regulations 202-

Date of Written Report:

3 December 2021

Written Report Author:

Regulation, IHE

Written Report:

Public or Exempt?

Public

Subject:

Lodging of: Draft Official Control (Jersey) Regulations 202-.

Decision(s):

The Minister decided to lodge the Draft Official Control (Jersey) Regulations 202-.

Reason(s) for Decision:

Following the UK’s departure from the EU and subsequent adoption of the Trade and Cooperation Agreement (TCA), Jersey is required to reflect EU/UK legislation, where applicable, to demonstrate compliance with international standards which in turn will allow for continued import/export of goods.

 

Official Control Regulations (OCR) exist in the UK and in the EU and are intended to provide a framework for the control of sanitary and phytosanitary (SPS) goods entering a territory. They are necessary for the protection of the SPS health of a territory, and they are integral to international trade negotiations and agreements. The OCR provides assurances to third countries (which might wish to import our animal or plant produce) that there are sufficient protective measures in place to reduce to acceptable levels any risks to animal, plant or human health; and it forms a significant barrier to inward trade, which can be removed or reduced by trade negotiations.

Resource Implications:

There are no new or additional financial or manpower implications arising from this decision. Funds have been allocated in the Proposed Government Plan 2022-2025 for Brexit related work which includes any additional requirements for inspection. At time of writing, this funding is being reviewed by the Environment, Housing and Infrastructure Panel as part of their review of the Government Plan.

Action required:

Officers to request the Greffier of the States to lodge the Regulations “au Greffe”.

Signature:

Machine generated alternative text:

John They

Deputy John Young

Position:

 

 

 

 

 

 

Minister for the Environment

Date Signed:

08/12/2021

Date of Decision (If different from Date Signed):

 

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