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.
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).
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.
Head of Waste Regulation
Group Director, Regulation
Date: 25th February 2019
Ministerial Decision Case Ref: MD-PE-2019-0028