Committee Reports > List of Committees > Joint > 1980 > Committee on the Secondary Legislation of the European Communities > Report No. 75 - Statutory Instruments [19]

APPENDIX III

European Communities (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) Regulations, 1979 [S.I. No. 170 of 1979]

An Rúnaí,

An Roinn Poist agus Telegrafa.

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 (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) Regulations, 1979 [S.I. No. 170 of 1979].

To assist the Joint Committee in its examination of the Regulations I am to request you to be good enough to furnish a memorandum on the following points:—

(1) Is the provision contained in Article 3.3 of Council Directive 76/889/EEC to be availed of in this country?

(2) Is it the intention of Regulation 3 that anyone who sells equipment which does not meet the requirements of the Directive will be guilty of an offence or is it considered that only the party who initially places the equipment on the market will be so guilty?

(3) Regulation 10 would appear to allow searches of private dwelling houses of persons who do not trade in the appliances in question. If this is correct what are the grounds for considering that this provision is within the Minister’s powers under section 3 of the European Communities Act, 1973 in view of the fact that the Council Directive imposes no obligation on Member States to prohibit the use of equipment which does not comply with the Directive?

(4) Are there any national regulations dealing with the use, as distinct from the construction or assembly, of the equipment covered by the Directive?

M. G. KILROY,

Cléireach an Chomhchoiste.

12 Deireadh Fómhair, 1979.

Secretary,

Joint Committee on Secondary Legislation of the European Communities.

Please refer to your minute of 12 Deire Fómhair, 1979 regarding the European Communities (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) Regulations, 1979.

The answers to your queries are as follows:—

(1) At this stage it is not envisaged that the provision contained in Article 3.3 of Council Directive 76/889/EEC will be availed of in this country.

(2) The intention of Regulation 3 is to make it an offence for any manufacturer, assembler or importer to place equipment on the market which does not conform to the requirements of the Directive. Under Article 3.1 of the Directive the conformity of the equipment with the requirements of the Directive shall be certified by the Manufacturer, Assembler or Importer on his own responsibility, in a statement to be included in the instructions for use, the guarantee certificate or on the equipment itself.

(3) Regulation 10 is considered necessary for the purposes of implementing the Directive. The Regulation allows searches of the premises of manufacturers, assemblers or importers who are suspected of having equipment which does not conform to the Directive. It is conceivable that a manufacturer, assembler or importer might use private dwelling accommodation to store such equipment before placing it on the market. The Regulations do not create any offence relating to use of equipment. Consequently Regulation 10 would not be used to search the premises of a person using the equipment.

(4) The Wireless Telegraphy (Control of Interference from Electric Motors) Regulations, 1963 (S.I. No. 108 of 1963) deal with the use of equipment now covered by the Directive. It is the intention that new regulations in line with the terms of the Directive will be drafted to deal with the use of such equipment. However having regard to the current volume of legislative work it will be some time before these Regulations can be drafted. In the meantime, in order to give full effect to the Directive, Regulation 5 of the European Communities (Radio Interference from Electrical Household Appliances, Portable Tools and Similar Equipment) Regulations, 1979 provides that the Wireless Telegraphy (Control of Interference from Electric Motors) Regulations, 1963 shall not be construed as prohibiting or preventing the placing on the market or use of appliances that meet the requirements of the Directive.

M. GRANT.

12 Samhain, 1979.