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

APPENDIX V

European Communities (Wire-Ropes, Chains and Hooks) Regulations, 1979 [S.I. No. 207 of 1979]

An Rúnaí,

An Roinn Saothair.

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 (Wire-Ropes, Chains and Hooks) Regulations, 1979 [S.I. No. 207 of 1979] made by the Minister for Labour on 15 June, 1979.

It is noted that the Regulations purport to give effect to Council Directive 73/361/EEC and Commission Directive 76/434/EEC. Article 2.1 of the Council Directive provides that “no Member State may forbid or restrict, for reasons concerning certification or marking, the placing on the market of lifting equipment referred to in Article 1 if it is provided with a certificate and marking which comply with the provisions in the Annex.”. Article 3 of the Regulations provides that nothing contained in the scheduled legislation “shall be construed as prohibiting or restricting, for reasons of certification or marking, the placing on the market of lifting equipment referred to in Article 1 of Council Directive 73/361/EEC.”.

It seems, therefore, that S.I. No. 207 of 1979 applies to the lifting equipment in question whether or not it is provided with a certificate or markings complying with the Council Directive, as amended. Accordingly, the Joint Committee will have to consider whether the instrument is necessary to give “full effect” to the EEC Directives as required by section 3 (1) of the European Communities Act, 1972. Your observations on the point are requested for the assistance of the Joint Committee.

M. G. KILROY,

Cléireach an Chomhchoiste.

1 Deireadh Fómhair, 1979.

Mr. M. G. Kilroy,

Clerk to the Joint Committee on the

Secondary Legislation of the

European Communities,

Leinster House,

Dublin, 2.

European Communities (Wire-Ropes, Chains and Hooks) Regulations, 1979—S.I. No. 207 of 1979

Mr. Gene Fitzgerald, T.D., Minister for Labour, has asked me to refer further to your letter of 1 Deireadh Fómhair, 1979 (ref. EC 4/105) concerning the European Communities (Wire-Ropes, Chains and Hooks) Regulations, 1979, Statutory Instrument No. 207 of 1979.

It is correct to say that the Regulations, which were adopted to ensure that our obligations under the Directive were complied with and to satisfy the Commission that this had been done, apply to the lifting equipment in question whether or not it has been provided with a certificate or markings complying with the Council Directive. Insofar as the provisions of the Regulations apply to lifting equipment which has been provided with the certificates and markings to which the Directive refers, they were adopted by the Minister pursuant to section 3 (1) of the European Communities Act, 1972. The Regulations make it clear that the marking of such lifting equipment is not subject to marketing restrictions, for reasons of certification or marking, under national legislation. (There are however stringent provisions in the interests of safety applicable at the stage at which all such equipment is used, which is the point at which such controls have traditionally been applied in Ireland, and these are considered to be fully sufficient for the protection of persons and property.). Insofar as the provisions of the Regulations apply to lifting equipment which has not been provided with such certificates or markings, these provisions were not, however, adopted by the Minister pursuant to section 3 (1) of the 1972 Act, but rather pursuant to section 3 (2). Under the latter provision the Minister may include in Regulations made by him under the 1972 Act such incidental, supplementary and consequential provisions as appear to him to be necessary for the purposes of the Regulations. Lifting equipment not provided with the certificates and markings set out in the Directive was included within the scope of the Regulations because the Minister wished to avoid a situation in which, while removing doubts as to the position concerning lifting equipment which had been provided with EEC certificates and markings, he failed to remove such doubts regarding similar lifting equipment which had not been so provided by omitting it from the scope of the Regulations. It is considered that this was an entirely correct basis on which to exercise the powers under section 3 (2) of the 1972 Act.

I should add that the text of the draft Regulations was forwarded to the Commission Services who expressed their satisfaction that the proposed measure would fulfil the requirements of the Directives.

J. A. MOLLOY.

31 December, 1979.