Customs and Excise (Customs Transit Procedures) (Jersey) Order 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 October 2019

MINISTERIAL DECISION REFERENCE: MD-ER-2019-0059
DECISION SUMMARY TITLE: Customs and Excise (Customs Transit Procedures) (Jersey) Order 2019
DECISION SUMMARY AUTHOR:	Director, External Relations – Brexit Unit	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: N/A
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	N/A	IS THE REPORT PUBLIC OR EXEMPT		N/A
DECISION: The Minister made the Customs and Excise (Customs Transit Procedures) (Jersey) Order 2019
REASON FOR THE DECISION: By letter dated 19 December 2018, HMRC notified the Ministry of External Relations that the Convention on a common transit procedure (CTC) would cease to apply to the Bailiwick of Jersey following the UK’s exit from the EU. The UK has however been invited to accede to the CTC in its own right, and has notified the European Commission that it wishes the Bailiwick of Jersey to accede alongside it. Official channel correspondence has been sent previously to the UK in order to formally request accession to the CTC to Jersey. This is desirable as it ensures that post-Brexit, customs duties and VAT on goods will remain suspended whilst transiting EU countries until the goods either reach their destination within the EU where duties and taxes are paid, or are exported from the EU, under the Union Transit procedure. This is particularly important to Jersey goods moving across the EU as the fiscal elements, for which Jersey is not part of the EU, such as VAT, can be suspended until the goods reach their destination. This Order brings into force the changes required in order to ensure the accession of the Common Transit Convention can enforced.
RESOURCE IMPLICATIONS: There are no financial or manpower implications for the Government arising from this Ministerial Decision.
ACTION REQUIRED: The Director, External Relations – Brexit Unit, to notify the publications editor and States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.
SIGNATURE: SENATOR IAN GORST			POSITION: MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED			EFFECTIVE DATE OF THE DECISION (if different)