Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 20 - Statutory Instruments [53]

APPENDIX VI

Control of Imports (Quota No. 51) (Miscellaneous Textiles) (Amendment) Order, 1977 [S.I. No. 107 of 1977]

Control of Imports (Quota No. 52) (Miscellaneous Textile Piece Goods) (Amendment) Order, 1977 [S.I. No. 108 of 1977]

European Communities (Miscellaneous Textiles) Regulations, 1977 [S.I. No. 196 of 1977]

European Communities (Miscellaneous Textile Piece Goods) Regulations, 1977 [S.I. No. 197 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 Control of Imports (Quota No. 51) (Miscellaneous Textiles) (Amendment) Order, 1977 and the Control of Imports (Quota No. 52) (Miscellaneous Textile Piece Goods) (Amendment) Order, 1977 which were made by the Government on 1st April, 1977.

According to Annex 1 of the Tenth Report on Developments in the European Communities these instruments were necessitated by membership of the Communities. If this is correct I am to request you to furnish for the information of the Joint Committee a memorandum explaining how the necessity arose. In this connection I am to direct your attention to section 4 of the Thirtieth Report of the Joint Committee on the Secondary Legislation of the European Communities (Prl. 5419).

Cléireach an Chomhchoiste.

9 Eanáir, 1978.

Cléireach an Chomhchoiste,

Joint Committee on the Secondary

Legislation of the European Communities.

I am directed by the Minister for Industry, Commerce and Energy to refer to your minute of 9 Eanáir, 1978 (E.C. 4/57) regarding the Control of Imports (Quota No. 51) (Miscellaneous Textiles) (Amendment) Order, 1977 and the Control of Imports (Quota No. 52) (Miscellaneous Textile Piece Goods) (Amendment) Order, 1977.

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 1964 respectively).

However, under European Community rules laid down in Council Regulation 109/70 and Council Decision 75/210, it was necessary to add to the list of “State trading” countries already listed in the Irish Orders, Albania, Mongolia, North Korea and North Vietnam.

Further, pursuant to the “Multifibre Arrangement” in respect of textiles entered into between the European Economic Community and certain non State-trading countries, to which effect is given in Community law by Council Decision of 21 March, 1974 (O.J. of 13 April, 1974, L118) it was necessary to remove certain such countries from the application of the 1964 Orders as from 31 March, 1977, subject, however, to the retention, temporarily in some cases, of certain domestic controls for certain products.

The legal necessity for the two Orders under consideration arose, therefore, from Regulation 109/70 and Decision 75/210; and from the Decision of 21 March, 1974 above referred to.

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.

6 Meitheamh, 1978.

An Rúnaí,

An Roinn Tionscail, Tráchtála agus Fuinnimh.

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 European Communities (Miscellaneous Textiles) Regulations, 1977 [S.I. No. 196 of 1977] and to the European Communities (Miscellaneous Textile Piece Goods) Regulations, 1977 [S.I. No. 197 of 1977.].

I am to request you to furnish for the information of the Joint Committee a memorandum explaining how these instruments come within section 3 of the European Communities Act, 1972. In this connection I am to direct your attention to section 4 of the Thirtieth Report of the Joint Committee on the Secondary Legislation of the European Communities (Prl. 5419).

Cléireach an Chomhchoiste.

9 Eanáir, 1978.

Cléireach an Chomhchoiste,

Joint Committee on the Secondary

Legislation of the European Communities.

I am directed by the Minister for Industry, Commerce and Energy to refer to your minute EC 4/49 regarding the European Communities (Miscellaneous Textiles) Regulations, 1977 (S.I. No. 196 of 1977) and the European Communities (Miscellaneous Textile Piece Goods) Regulations, 1977 (S.I. No. 197 of 1977).

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 1964 respectively).

On accession to the European Economic Community, Ireland was allowed certain derogations from the programme of liberalisation already effected by the Six; the derogations were, however, subject to conditions. Paragraphs 3(d) and 4 (b) of Heading VI (Commercial Policy of Annex VII to the Treaty of Accession) refer to Council Regulation (EEC) 109/70 of 19 December, 1969 establishing common rules for imports from the state-trading countries and Council Regulation 1025/70 of 25 May, 1970 establishing common rules for imports from other third countries. Regulation 1025/70 has been replaced by Regulation 1439/74. The Annex to each Regulation lists the tariff headings which were liberalised by the Community. Paragraphs 3(d) and 4(b) referred to above show the products which were liberalised by the Community, but for which Ireland was allowed derogation, vis-à-vis the State-trading countries and other third countries respectively. Restrictions mentioned at 4(b) in the case of Japan, India, Malaysia, Macao, Hong Kong, Pakistan and Yugoslavia had been removed on 1 April, 1977. The remaining restrictions mentioned at 3(d) and 4(b) in the case of the State-trading countries and Taiwan respectively were required to be removed by 30 June, 1977 and this was effected by Statutory Instruments 196 and 197 of 1977 which are the subject of the Joint Committee’s enquiries.

The legal basis for the two Statutory Instruments 196/77 and 197/77 arose, therefore, under EEC Regulations 109/70 and 1439/74. The omission to state the legal basis in the two sets of Regulations under the European Communities Act was an accidental omission and an inadvertent departure from the usual practice.

6 Meitheamh, 1978.