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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Commission Directive 2009/161/EU (O.J. No. L 338, 19.12.2009, p.87) which establishes a third list of indicative occupational exposure limit values for exposure to chemical agents at work. They do so by amending the definition of “national occupational exposure limit value” in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 (“the 2010 Regulations”) so that it includes a reference to the list of indicative occupational exposure limit values in the Annex to that Directive (regulation 2, new paragraph (d)).

The Regulations also include in that definition a reference to an earlier list of indicative occupational exposure limit values set out in Commission Directive 2000/39/EC (O.J. No. L 142, 16.6.2000, p.47) (regulation 2, new paragraph (b)).

Regulation 3 inserts into the 2010 Regulations a provision requiring the Secretary of State to review those Regulations and publish a report within the five years after these Regulations come into force and every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2010 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2010 Regulations or to amend them.

The Regulations are made under powers contained in the Merchant Shipping Act 1995, except in respect of their application to Government ships where the power is provided by section 2(2) of the European Communities Act 1972.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and a transposition note have been prepared. A copy of each has been placed in the library of each House of Parliament. Copies are available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 329100). They are also published with the Explanatory Memorandum alongside the instrument on www.legislation.co.uk.