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 V.

The European Communities (Detergents) (No. 2) Regulations, 1975 [S.I. No. 107 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 (Detergents) (No. 2) Regulations, 1975 [S.I. No. 107/1975] was considered by a Sub-Committee of the Joint Committee at its meeting yesterday. The Sub-Committee decided to postpone further consideration of this instrument until Thursday, 27th instant and I have been instructed to obtain in the interval the observations of your Department on the points mentioned hereunder.

It is not clear to the Sub-Committee in what circumstances a person can be guilty of an offence under paragraph 5 of the Regulations without being guilty of an offence under paragraph 4. Moreover, it seems to the Sub-Committee that Article 5 of Council Directive 73/404/EEC does not provide for a procedure whereby it can be “established” that a detergent complies with Article 2 thereof because it merely enables the Commission in the last instance to “make any necessary recommendations”. The need for paragraph 5 at all is not, therefore, apparent. If it is desired to make any Commission recommendations evidence against a party charged it is not known why this cannot be stated specificially.

In regard to paragraph 6 of the Regulations the Sub-Committee notes that no penalty is provided for contravention of its provisions. The Sub-Committee would like to know, therefore, what effect in law this paragraph is intended to have and in particular whether it is intended to give rise to civil remedies.

I am to request you to be good enough to furnish your Department’s comments on the foregoing to enable them to be considered by the Sub-Committee at its meeting on 27th instant.

Cléireach an Chomhchoiste.

14 Samhain, 1975.

Cléireach an Chomhchoiste faoi Reachtaíocht Thánaisteach na gComhphobal Eorpach

I am directed by the Minister for Industry and Commerce to refer to your minute of 14th November, 1975, regarding the European Communities (Detergents) (No. 2) Regulations, 1975 (S.I. No. 107 of 1975).

The first point raised by your Committee involves the interpretation of the Directive. This would be a matter for the EEC Commission in the first instance and ultimately for the European Court of Justice. Subject to that, it appears to the Minister’s legal advisors that there are two sets of circumstances envisaged in the Directive. Under Article 2, there would be no dispute as to the facts giving rise to a breach. Under Article 5, however, a dispute could arise between Member States as to whether a detergent does comply with Article 2 or otherwise, in which case, the Commission would issue a recommendation resolving the matter. It was considered that the latter situation should be provided for separately in the Regulations. It would appear to the Minister’s legal advisors that the procedure for determining whether a detergent complies with Article 2 is provided for in Article 5, namely, the use of the testing methods referred to in Article 4.

The reason for Article 6 was that, in the opinion of the Minister’s legal advisors, it was necessary to give effect to Article 7 of the Directive. The existence of this paragraph might, it is felt, re-inforce the grounds for civil action. The Minister’s legal advisors have noted your Committee’s comments in its 12th Report in relation to the Low Voltage Electrical Equipment Regulations, 1975 (S.I. No. 62 of 1975) and this matter is being re-examined in the light of these comments.

25 Samhain, 1975.