Extension of Montreal, Beijing and Kigali Amendments to the Montreal Protocol to Jersey

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A decision made on 28 February 2019

Decision Reference: MD-PE-2019-0028
Decision Summary Title :	Extension of Montreal, Beijing and Kigali Amendments to the Montreal Protocol to Jersey		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 :	Extending the amendments to the Montreal Protocol to Jersey		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: Extension of Montreal, Beijing and Kigali Amendments to the Montreal Protocol to Jersey.
Decision(s): The Minister approved a proposal to seek extension of the Montreal, Beijing and Kigali Amendments to the Montreal Protocol to Jersey and requested that External Relations seek extension through the appropriate channels.
Reason(s) for Decision: Jersey needs to have the amendments to the Montreal Protocol extended to the island in order to export waste refrigeration equipment and gasses.
Resource Implications: There are no financial or manpower resource implications.
Action required: External Relations to request extension of the Montreal, Beijing and Kigali Amendments to the Montreal Protocol to Jersey through the appropriate channels.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Extension of Montreal, Beijing and Kigali Amendments to the Montreal Protocol to Jersey

GROWTH HOUSING AND ENVIRONMENT

Extending the amendments to the Montreal Protocol to Jersey

Purpose of the Report

To seek the Minister for the Environment’s support to request that the Minister for External Relations request that the UK Government extend the amendments to the Montreal Protocol to Jersey. The ratification of the amendments to the Montreal Protocol (on substances that deplete the ozone layer) 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.

Work to show that Jersey can comply with the amendments has been completed including the completion of a compliance matrix. Appropriate amendments to Jersey’s domestic legislation and other provisions are in place to meet the obligations in the Montreal Protocol amendments. Changes to Customs legislation are being made to control the imports and export of ODS which are banned except those permitted by the Protocol.

Jersey can illustrate its compliance with the amendments to the Montreal Protocol and seek ratification from the UK Government (and export waste refrigeration equipment and gasses for appropriate disposal).

Recommendation

The Minister is recommended to formally request that the Minister for External Relations request that the amendments to the Montreal Protocol are extended to Jersey.

Written by:	Head of Waste Regulation

Approved by:	Group Director, Regulation

Date: 25th February 2019

Ministerial Decision Case Ref: MD-PE-2019-0028