Aviation Security: Memorandum of Understanding: August 2015

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A decision made 11 September 2015:

Ministerial decision reference MD-C-2015-0108
Decision summary title Aviation Security MOU – August 2015
Decision summary author	External Relations	Is the decision summary public or exempt?		Public
Report title Memorandum of Understanding between the Department for Transport of the United Kingdom and the Ministry of External Relations of the Government of Jersey in relation to aviation security
Report author or name of person giving report	External Relations	Is the report public or exempt?		Public
Decision and reason for the decision The Chief Minister for and on behalf of the Minister for External Relations authorised the Director of Civil Aviation to sign a Memorandum of Understanding between the Department for Transport of the United Kingdom and the Ministry of External Relations of the Government of Jersey in relation to civil aviation security activities. The Memorandum of Understanding (MOU) is between the UK Department for Transport (DfT) and the Ministry of External Relations (which now has political responsibility in Jersey for aviation security). This replaces the previous MOU between the DfT and the Chief Minister dated 21 January 2013. The MOU also takes into account the transfer of certain responsibilities from the UK Secretary of State to the UK Civil Aviation Authority (CAA). The MOU defines the respective roles of the DfT, CAA and the Government of Jersey (via the Director of Civil Aviation) in relation to civil aviation security activities in the Bailiwick of Jersey. The Law Officers’ Department has reviewed the MOU and indicated they are content.
Resource implications There are no manpower or revenue implications arising.
Action required External Relations shall – return a signed copy of the MOU to the Department for Transport; inform the Assistant Greffier of the States of the decision.
Signature			Position Senator I J Gorst Chief Minister

Date signed			Effective date of the decision

Aviation Security: Memorandum of Understanding: August 2015

REPORT

Memorandum of Understanding between the Department for Transport of the United Kingdom and the Ministry of External Relations of the Government of Jersey in relation to Civil Aviation Security Activities.

Background

The independent regulation of civil aviation security is a requirement of international organisations (ICAO), the European Union and the UK Department for Transport.

In September 2013, the States decided to transfer political responsibility for aviation security regulation in Jersey from the Chief Minister to the Minister for External Relations.

In April 2014, the UK Secretary of State for Transport asked the Civil Aviation Authority, by way of a direction under the Civil Aviation Act 1982, to carry out certain aviation security oversight responsibilities for the Crown Dependencies.

Consequently, the previous MOU regarding aviation security, dated 21 January 2013, should be replaced by a new MOU.

Memorandum of Understanding

The Memorandum of Understanding (MOU) is between the UK Department for Transport (DfT) and the Ministry of External Relations. This replaces the previous MOU between the DfT and the Chief Minister dated 21 January 2013. However, it closely resembles the previous MOU and does not fundamentally change the existing obligations regarding compliance with international aviation security standards or the respective responsibilities of the DfT and Government of Jersey in this regard.

The MOU takes into account the transfer of certain responsibilities from the UK Secretary of State to the UK Civil Aviation Authority (CAA).

The MOU defines the respective roles of the DfT, CAA and the Government of Jersey (via the Director of Civil Aviation) in relation to civil aviation security activities in the Bailiwick of Jersey, in respect of:

International obligations arising under the ICAO Convention and EU Regulations that have been applied in Jersey;
Responsibilities of the DfT to treat Jersey as a domestic airport, to consult Jersey and facilitate participation in international matters, and to provide advice on aviation security;
Responsibilities of the Government of Jersey to maintain a civil aviation security programme and other measures in accordance with international and UK standards;
Protection as necessary of all information relating to security compliance;
Detailed arrangements for review, assessment and ensuring implementation of civil aviation security in Jersey.

The Law Officers Department has reviewed the MOU and indicated they are content.

External Relations

12 August 2015