The Export of Dangerous Chemicals Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, make provisions which are necessary to give full effect to Council Regulation (EEC) No. 2455/92 (OJ No. L251, 29.8.92, p.13) (the Council Regulation). The principal purposes of the Council Regulation are first to establish a common system of notification and information for imports from and exports to countries which are not members of the European Economic Community of certain dangerous chemicals; and, second, to apply the international notification and “prior informed consent” (PIC) procedure established by the United Nations Environment Programme and the Food and Agriculture Organisation.

Regulation 2 appoints the Health and Safety Commission to be the designated authority for the notification and information procedures laid down by the Council Regulation.

Regulation 3 prohibits a person from providing information pursuant to Article 4(1) of the Council Regulation knowing it to be false or misleading in a material particular or being reckless as to whether it is false or misleading in a material particular.

Regulation 4(1) provides that the enforcement and offences provisions of the Health and Safety at Work etc. Act 1974 shall apply to any requirement or prohibition imposed upon an exporter by the Council Regulation or by regulation 3 of these Regulations as if the requirement or prohibition concerned had been imposed by the regulations made under section 15 of that Act. Regulation 4(2) has the effect that the Health and Safety Executive will be the enforcing authority in respect of any requirement or prohibition referred to above.