Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 29 - Statutory Instruments [15]

APPENDIX II

Control of Imports (Quota No. 52) (Miscellaneous Textile Piece Goods) (Amendment) (No. 2) Order, 1977 [S.I. No. 257 of 1977]

Control of Imports (Quota No. 51) (Miscellaneous Textiles) (Amendment) (No. 2) Order, 1977 [S.I. No. 266 of 1977]

Restriction of Imports (Motor Car Tyres from the German Democratic Republic) Order, 1977 [S.I. No. 376 of 1977]

An Rúnaí,

Roinn an Taoisigh.

I am directed by Mr. Mark Clinton, T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities, to refer to the fact that in the Government’s Eleventh Report on Developments in the European Communities the following Orders made by the Government are included in the list of statutory instruments necessitated by the obligations of membership of the European Communities:—

Control of Imports (Quota No. 52) (Miscellaneous Textile Piece Goods) (Amendment) (No. 2) Order, 1977 [S.I. No. 257 of 1977].

Control of Imports (Quota No. 51) (Miscellaneous Textiles) (Amendment) (No. 2) Order, 1977 [S.I. No. 266 of 1977].

Restriction of Imports (Motor Car Tyres from the German Democratic Republic) Order, 1977 [S.I. No. 376 of 1977].

I am to request you to furnish for the information of the Joint Committee a memorandum explaining what Community obligations necessitated the making of these Orders and commenting on the absence from the text of the instruments of any reference to the relevant Community legislation. In this connection it is noted that the explanatory notes appended to two of the instruments contain no reference to Community obligations while the third instrument has no explanatory note at all.

In the case of S.I. No. 376 of 1977 I am also to ask you to explain what is the relationship between this instrument and the European Communities (Surveillance of Certain Motor Car Tyre Imports) Regulations, 1978 [S.I. No. 111 of 1978] which were made by the Minister for Industry, Commerce and Energy on 10th April, 1978.

Cléireach an Chomhchoiste.

7 Meitheamh, 1978.

Cléireach an Chomhchoiste,

Joint Committee on the Secondary

Legislation of the European Communities.

1. I am directed by the Minister for Industry, Commerce and Energy to refer to your minute of 7 June, 1978 (E.C. 4/76) received from Roinn an Taoisigh regarding the Control of Imports (Quota No. 51) (Miscellaneous Textiles) (Amendment) (No. 2) Order, 1977 [S.I. No. 266 of 1977) and the Control of Imports (Quota No 52) (Miscellaneous Textiles) (Amendment) (No. 2) Order, 1977 [S.I. No. 257 of 1977] and Restriction of Imports (Motor Car Tyres from the German Democratic Republic) Order, 1977 [S.I. No. 376 of 1977].

S.I. No. 257 of 1977 and S.I. No. 266 of 1977.

2. Since 1964, Irish textile and clothing manufacturers have been protected from the competition of low-cost imports from certain eastern European (“State trading”) and Asian countries by the Control of Imports (Quota No. 51) (Miscellaneous Textiles) Order, 1964 and by the Control of Imports (Quota No. 52) (Miscellaneous Textile Piece Goods) Order, 1964 (S.I.s 297 and 298 of 1977 respectively).

3. Pursuant to the “Multifibre Arrangement” in respect of textiles entered into between the European Economic Community and certain countries to which effect is given in Community law by Council Decision of 21 March, 1974 (O.J. of 13 April, 1974 L118) the EEC concluded a bilateral Agreement with Romania. Under this agreement Romania agreed to exercise voluntary restraint at specified levels on exports to the Community of certain textile piece goods, apparel and made-up textiles. This Agreement also provided that import restrictions on textiles from Romania not subject to voluntary restraint under the Agreement should be suspended and the Commission directed that this be done under Council Decision 75/210 with effect from 5 April, 1977. As the Agreement terminated on 31 December, 1977 the suspensions likewise terminated on that date. A new Bilateral Agreement with Romania effective from 1 January, 1978 entails the making of a new Order by the Minister; the making of this Order has been deferred so that agreements expected to be concluded with Poland and Hungary can be covered by the same order.

4. Pursuant to the Multifibre Arrangement it was also necessary to remove restrictions on sacks and bags of wool, cotton and man-made fibres of a kind used for the packing of goods originating in Hong Kong, India, Japan, Macao, Malaysia, Pakistan and Yugoslavia. Statutory Instruments Nos. 257 and 266 of 1977 (the subject of the Joint Committee’s enquiry) were accordingly necessitated by the removal of these restrictions on sacks and bags and the suspension of certain restrictions against Romania mentioned in paragraph 3.

5. The legal necessity for the two Orders under consideration arose, therefore, from Council Decision 75/210 and the Council Decision of 21 March, 1974 mentioned in paragraph 3. Since the orders in question were made under the Control of Imports Acts, 1934 to 1964, references to European Community Legislation would not have been appropriate. However, in view of the Joint Committee’s Tenth Report, the Department is considering, in future cases in which it may be appropriate to do so, the publication of a reference to relevant EEC provisions either in an explanatory note with the Statutory Instrument in question or in the appropriate Report to the Houses of the Oireachtas on Developments in the European Communities.

S.I. No. 376 of 1977.

6. Following representations from the Irish Dunlop Company with regard to the increase in recent years in imports of motor car tyres from third countries, the Minister made a case to the E.E.C. Commission for the imposition of quantitative restrictions on imports of motor car tyres from East Germany. The procedures for the imposition of such a restriction are set out in Council Decision (75/210 EEC) of 27 March, 1975. The Commission, following consultation with the other Member States, agreed to the Minister’s proposal and the Government made an Order accordingly under the Restriction of Imports Act, 1962, the effect of which is to prohibit the importation of car tyres from East Germany except under a licence issued by the Minister. This is the Order (S.I. No. 376 of 1977) which is the subject of the Joint Committee’s enquiry.

7. The legal basis for Statutory Instrument 376/77 arose, therefore, under Council Decision of 27 March, 1975 (75/210 EEC). The omission to state the legal basis in the Order as formulated by the Community Decisions was an accidental omission and an inadvertent departure from the usual practice.

Relationship between S.I. No. 376/77 and 111/78.

8. S.I. No. 376/77 prohibited the importation, save under and in accordance with a licence issued by the Minister for Industry, Commerce and Energy, of motor car tyre cases manufactured, produced in or consigned from East Germany. The Order cannot, however, be used to prevent the importation into this country of motor car tyres of East German origin which have been put into free circulation in the United Kingdom or any of the other Member States of the E.E.C. To provide for the regulation of such indirect imports from East Germany it was necessary for the Minister for Industry, Commerce and Energy to make a separate Order (S.I. No. 111 of 1978) under Commission Decision 71/202/EEC of 12 May, 1971, as amended by Decision 73/55/EEC of 9 March, 1973 making the importation of motor car tyres originating in East Germany and put into free circulation in all other Member States of the EEC subject to the granting of an import authorisation. Following the making of this Order, firms importing such free circulation tyres would be required to make application for an import authorisation and at that point the Minister could determine whether in the circumstances, an application should be made to the Commission for authority not to apply Community treatment to the consignment of goods in question. Such applications to the Commission are made under Article 115 of the Treaty of Rome.

9. Although it does not affect the validity of the Order, the absence of an explanatory note in the case of S.I. No. 376 is regretted. Arrangements are being made for the insertion of an explanatory note when this Order comes to be printed.

P. FAGAN.

6 Iúil, 1978.