UK Hydrographic Office and the Minister for Economic Development, Tourism, Sport and Culture: Arrangement for Cooperation

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A decision made on 5 August 2019

Decision Reference: MD-E-2019-0037
Decision Summary Title :	Arrangement for cooperation between the UK Hydrographic Office and the Minister for EDTSC		Date of Decision Summary:	22nd July 2019
Decision Summary Author:	Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director
Written Report Title :	Arrangement for cooperation between the UK Hydrographic Office and the Minister for EDTSC		Date of Written Report:	16th July 2019
Written Report Author:	Director		Written Report : Public or Exempt?	Public
Subject: Arrangement for cooperation between the UK Hydrographic Office and the Minister for EDTSC
Decision(s): The Minister approved and signed the Arrangement for Cooperation with the UK Hydrographic Office.
Reason(s) for Decision: Following a recommendation from Ports of Jersey Limited, the Minister was satisfied that the Agreement would enhance the safety of navigation around the British Isles and Jersey in particular.
Resource Implications: There are no resource implications for the Government of Jersey.
Action required: Director to arrange for counter signing by the UKHO.
Signature: Senator L J Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date Signed:		Date of Decision (If different from Date Signed)

UK Hydrographic Office and the Minister for Economic Development, Tourism, Sport and Culture: Arrangement for cooperation between both

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ARRANGEMENT FOR COOPERATION BETWEEN THE UNITED KINGDOM HYDROGRAPHIC OFFICE (UKHO) AND JERSEY’S MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE DEPARTMENT (MEDTSC)

The UKHO and the MEDTSC, each a Participant and together the Participants, who,

expressing a mutual desire to promote cooperation between them in the field of hydrography and related disciplines, to avoid duplication of effort and to enhance maritime safety and the protection of the environment,

noting the increasing demand and International Hydrographic Organisation (IHO) direction to enable the maximum use of Hydrographic maritime and marine information and data for the widest number of uses, the UKHO is developing a series of data services and products to meet this demand as part of its transformation to a Marine Geospatial Information Agency and Hydrographic Office,

have accordingly arranged as follows

(Definitions for some words used are at Appendix 1 to this Arrangement)

This Arrangement supersedes all previous Arrangements between UKHO and Jersey Harbours.

The UKHO will assist Jersey MEDTSC in meeting its Safety of Life at Sea (SOLAS) charting obligation by producing and distributing products and services suitable for international shipping.

Jersey MEDTSC will supply to UKHO maritime and marine data it collects or receives in order that UKHO can produce charts, sailing directions and other products and services and keep them up to date. Such data will include but not be limited to Notices to Mariners, details of navigational aids, tidal observations, hydrographic surveys, details of traffic and routeing schemes, and port and harbour regulations, and will be sent by the most expedient method available.

UKHO will supply the Jersey MEDTSC without charge, digital copies of the charts and other nautical publications listed at Annex B covering Jersey’s territorial waters. This will include a copy of new charts and new editions as and when they are published. These charts and publications are for internal reference use only by the Jersey MEDTSC and will not be passed to any Third Party without prior written consent of UKHO.

The UKHO will also provide information to the Jersey MEDTSC, when required, on technological developments in the fields related to their work, including hydrography, cartography and information technology.

Provided that due acknowledgment is given of the ownership of data and intellectual property, UKHO may without charge use and reproduce in its products and services data owned by Jersey MEDTSC and license the use and reproduction of such data by Third Parties, whether in the course of discharging contractual obligations to the UKHO or on their own account.

The Participants will take reasonable measures to ensure the protection of each other’s intellectual property rights and data.

The Participants will consider and solve any problems by mutual consultation. This will include any problems arising from any claims of liability by a Third Party or from possible breaches of intellectual property rights or data protection legislation by a Third Party.

This Arrangement may be suspended in the event of Force Majeure, and may be terminated by either Participant giving 12 months’ notice to the other. This arrangement may be revised or amended by mutual, written, consent of the Participants.

This arrangement for cooperation does not represent a legally binding commitment under international or national law

...............................................................

RAdm Tim Lowe CBE

Chief Executive and National Hydrographer

United Kingdom Hydrographic Office

Date.........................................................

...............................................................

Senator Lyndon Farnham

Minister for Economic Development, Tourism, Sport and Culture

Government of Jersey

Date........................................................

Appendix 1 - Definitions

Force Majeure

Means any circumstances which are not within the reasonable control of either Participant including, but not limited to, strikes, lockouts, riots, sabotage, acts of war or piracy, acts of terrorism, national or local emergencies, natural disasters, or destruction of essential equipment by fire, explosion, storm, flood or earthquake;

SOLAS

Means the International Convention for Safety of Life at Sea; and

Third Party

Means any person, organisation or institution, other than a Participant.

Annex A

1. Products to be exchanged between Participants

UK Hydrographic Office produced products to be supplied to Jersey MEDTSC include:

Admiralty Raster Chart Service (ARCS) charts

1136, 1137, 1138, 2669, 3278, 3655, 3656;

Electronic Navigational Charts (ENCs)

(insert GB ENC numbers)

Admiralty Digital Publications

e-NP 27 (one licence)

e-NP 100 The Mariner’s Handbook (one licence)

e-NP 735 IALA Maritime Buoyage System (one licence)

e-NP 5011 Symbols and Abbreviations Used on Admiralty Charts (one licence)

ADLL Area Data Set (one licence) (if required)

ADRS 1, 3, 4, 5 Area Data Set (one licence) (if required)

ADRS 2 Area Data Set (one licence) (if required)

ADRS 6 Area Data Set (one licence) (if required)

ATT Area Data Set (one licence) (if required)

Jersey MEDTSC produced products, information and data to be supplied to the UK Hydrographic Office

Any information or data useful for the updating of UKHO products and services in the interests of maritime safety and the protection of the environment.

FINAL Version 1 Produced 16 JULY 2019