Committee Reports::Report No. 49 - Statutory Instruments [15] made under the European Communities Act 1972 and Food Standards Act 1974::09 December, 1976::Appendix


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Committee Reports > List of Committees > Joint > 1976 > Committee on the Secondary Legislation of the European Communities > Report No. 49 - Statutory Instruments [15] made under the European Communities Act 1972 and Food Standards Act 1974

APPENDIX 4

Cléireach an Chomhchoiste faoi Reachtaíocht

Thánaisteach na gComhphobal eorpach.

I am directed by the Minister for Industry and Commerce to refer to previous correspondence (your ref: EC/4/7) regarding the European Communities (Detergents) (No. 2) Regulations, 1975 and to state that the difficulties in regard to this Directive were discussed recently at an EEC Working Party meeting.

The view of the Commission is that it is not necessary to implement Article 5 of the Directive in national legislation. In the Commission’s opinion this Article sets out the procedure to be adopted by Member States when a detergent is found to be in contravention of Article 2 and the procedure to be adopted in the event of a dispute between Member States. The Article also provides terms of reference within which the Commission may act to prevent the prohibition of the placing on the market of a Member State of a detergent which complies with Article 2.

In the light of the Commission’s view, it is accepted that the European Communities (Detergents) (No. 2) Regulations, 1975 should be amended by deletion of all reference to the provisions of Article 5 of the Directive. Provision will also be made for penalties in the case of a breach of the provision in para. 6 of the present Regulations.

Other Member States also had difficulties in implementing the Detergents Directive, because of the unreliability of testing procedures and discussions are to take place in the next few months with a view to adopting amendments which would make the Directive workable. It is proposed, therefore, to defer the introduction of revised Regulations here, until the Community problems have been resolved. Comprehensive Regulations will then be made embodying the amendments mentioned in the previous paragraph and any further amendments that may arise as a result of the discussions in the Community. In the intervening period the implementation of the existing Regulations here will be left in abeyance.

M. Scanlon

31 Lúnasa, 1976.