The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

Review

29.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 5th April 2020.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(1) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how other member States have implemented—

(a) Council Directive 1999/63/EC(2) of 21st June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Communities Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST), as amended by Council Directive 2009/13/EC of 16th February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006;

(b) article 15 of Council Directive 2008/106/EC(3) of 19th November 2008 on the minimum level of training of seafarers (recast), as amended by article 1(14) of Council Directive 2012/35/EU of 21st November 2012(4);

(c) article 19 of Directive 2009/16/EC(5) of 23rd April 2009 on port state control, as amended by article 1 of Council Directive 2013/38/EU of 12th August 2013(6); and

(d) article 3 of Council Directive 2013/54/EU of 20th November 2013 concerning certain flag state responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006(7).

(5) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision contained in these Regulations;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

(1)

2015 c.26.

(2)

O.J. L167 2.7.1999, p.33.

(3)

O.J. L323, 3.12.2008, p. 33.

(4)

O.J. L343, 14.12.2012, p78.

(5)

O.J. L131, 28.05.2009, p. 57.

(6)

O.J. L218, 14.8.2013, p. 1.

(7)

O.J. L329, 10.12.2013, p. 1.