Committee Reports > List of Committees > Joint > 1975 > Committee on the Secondary Legislation of the European Communities > Report No. 22 - Statutory instruments [9] made under the European Communities Act 1972

APPENDIX III.

European Communities (Measuring Instruments) (Amendment) Regulations, 1975 [S.I. No. 199 of 1975].

An Rúnaí,

An Roinn Tionscail agus Tráchtála.

I am directed by the Chairman of the Joint Committee on the Secondary Legislation of the European Communities to state that the European Communities (Measuring Instruments) (Amendment) Regulations, 1975 [S.I. No. 199 of 1975] will be considered shortly by the Joint Committee.

The Regulations purport to give effect to Commission Directive 74/331/EEC of 12 June, 1974 (O.J. Vol. 17 No. L189). It is observed that item 6 in the Annex to the Directive is not covered by these Regulations but seems to be provided for in Chapter III of Schedule 6 of the European Communities (Measuring Instruments) Regulations, 1973 [S.I. No. 67 of 1973] which was made on 21st March, 1973 or nearly eight months before Commission Directive 74/331/EEC was made.

I am to invite the observations of your Department on this point for the information of the Joint Committee and to enquire whether it is considered that the provision is validly included in S.I. No. 67 of 1973.

Cléireach an Chomhchoiste.

16 Meán Fómhair, 1975.

An Cléireach,

An Comhchoiste faoi Reachtaíocht Thánaisteach na gComhphobal Eorpach.

I am directed by the Minister for Industry and Commerce to refer to your minute of 16th September, 1975 regarding the European Communities (Measuring Instruments) (Amendment) Regulations 1975 [S.I. No. 199 of 1975] and to say that although the amending Directive was not issued until June, 1974, its terms were available in draft form in January, 1973, when the Regulations implementing the main Directive were being prepared. The draftsman drew attention to the fact that these technical details might have to be changed, and it was considered preferable, in making the Regulations to keep the technical material in the Schedule as up-todate as possible.

It might have been better to reproduce the Annex exactly as it was in the original Directive (No. 71/318) but this would have meant inserting a provision which was known to have been superceded at that stage—and the making of the Regulations, which were already overdue, could not have been postponed.

The item you refer to—Item 6—deals only with turbine meters, which are not used in this country, and as all gas meters used here are imported, the practical implementation of the regulations does not arise. They were made in order to satisfy the EEC authorities that Ireland was implementing the Directive and when the text was conveyed to the EEC in May, 1973 they did not comment on the validity of the changed figure.

26 Meán Fómhair, 1975.