Committee Reports > List of Committees > Joint > 1980 > Committee on the Secondary Legislation of the European Communities > Report No. 82 - Lawn Mowers, Powered Industrial Trucks, Protective Structures for Construction Plant Safety belts, Achorage and interior Fittings of Motor Vehicles, and Electrical Equipment

REPORT

A. INTRODUCTION

Proposals Examined

1. The Joint Committee has examined proposals made by the Commission for the adoption of Council Directives relating to

Noise emitted by lawn mowers [COM (78) 387 final],

Powered industrial trucks [COM (79) 229 final],

Roll-over and falling-object protective structures for construction plant [COM (79) 786 final],

Safety belts and restraint systems, anchorages for safety belts and interior fittings of motor vehicles [COM (80) 84 final], and

Electrical equipment for use in potentially explosive atmospheres in mines susceptible to fire-damp [COM (80) 12 final].

2. These proposed Directives are all based on Article 100 of the EEC Treaty which empowers the Council, acting unanimously on a proposal from the Commission to “issue directives for the approximation of such provisions laid down by law, regulation or administrative action in Member States as directly affect the establishment or functioning of the common market.”

3. These proposals have been examined for the Joint Committee by its Sub-Committee on Social, Environmental and Miscellaneous Matters under the Chairmanship of Senator Mary Robinson. The Joint Committee is indebted to Senator Robinson and her Sub-Committee for their work. In connection with one or more of the proposals dealt with in this report the following bodies, as well as the Government Departments concerned were consulted:—

Confederation of Irish Industry,

Federated Union of Employers,

Irish Congress of Trade Unions,

Irish Transport and General Workers’ Union,

The Construction Industry Federation,

Institute for Industrial Research and Standards,

Electro-Technical Council of Ireland, and

Armo Ltd.

The Committee wishes to express its sincere thanks to the bodies which supplied it with memoranda or otherwise made their views known to it.

Conclusions of Joint Committee

4. Article 100 of the EEC Treaty provides machinery for the removal of non-fiscal barriers to intra-Community trade. The Joint Committee is satisfied that all the proposals contained in this report are directed towards that end. It has examined each proposal in detail from the point of view of its implications for Ireland and later in this report it draws attention to some provisions in individual proposals where amendments may be desirable from an Irish viewpoint. Subject to these reservations it has no objection to the adoption of any of the proposals.

B. LAWN MOWERS

Contents of Proposal

5. The proposed Directive provides that Member States may not permit motor-powered lawn mowers to be marketed if their noise emission levels exceed specified levels but may not prevent, on grounds of noise emission levels, such mowers from being marketed if they are certified by the manufacturer or importer as complying with the Directive and bear an inscription showing the sound-power level. The obligation of ensuring compliance with the Directive would fall on the Member States.

Implications for Ireland

6. The Joint Committee is advised that only one Irish firm is engaged in the manufacture of powered lawn mowers and that the firm should not have difficulty in complying with the Directive if it is adopted. The Committee understands no Irish legislation would be affected by the adoption of the proposal.

C. POWERED INDUSTRIAL TRUCKS

Contents of Proposal

7. A proposal for a framework Directive which is before the Council since 1978 provides for EEC type-approval, EEC type-examination and EEC independent certification for lifting and mechanical handling appliances. The present proposal provides that powered industrial trucks of a capacity not exceeding 10,000 kg (with certain specified exceptions) would be eligible for EEC certification under the framework Directive if they comply with the requirements specified in the new draft Directive as to construction and design. Member States would be prohibited from preventing such trucks from being put on the market or put into service provided they comply with the specified requirements and EEC certification would carry with it a presumption of such compliance. There would, however, be no obligation to prohibit the use or sale of trucks which do not comply with the Directive.

Implications for Ireland

8. In the Joint Committee’s view it is essential that any Directive adopted must enable the Irish firms manufacturing lift trucks to continue to have access to the European market for its current range. The Committee is advised that as it stands certain provisions of the draft Directive are considered to be design restrictive and likely to lead to an increase in costs. It trusts that it will be possible to secure agreement to appropriate amendments of the draft Directive so as to accommodate the Irish position.

D. CONSTRUCTION PLANT

Contents of Proposals

9. The Commission has submitted two draft Directives regulating roll-over protective structures (ROPS) and falling-object protective structures (FOPS) which are fitted to certain vehicles used in construction work. Both are intended to be implementing Directives based on the draft outline Directive on construction Plant and Equipment which has been before the Council since 1975. The construction plant affected comprises rubber tyred front end loaders, motor graders, prime movers and dozers and crawler tractor loaders. It is proposed that such plant may be placed on the market only if fitted with ROPS which comply with EEC specifications. Plant fitted with FOPS may be placed on the market only if the latter comply with EEC specifications. Member States would be prohibited from preventing or restricting the marketing of plant fitted with protective structures which do comply with those specifications.

Implications for Ireland

10. The Joint Committee is informed that there are at present no Irish firms engaged in the manufacture of the structures or plant covered by the Commission’s proposals. It is not expected, therefore, that the adoption of the proposals would raise difficulties for any Irish manufacturer.

11. As far as the safety of workers is concerned the Committee is informed that the Commission’s proposals are based on ISO standards which are acceptable to the Industrial Inspectorate of the Department of Labour. However the Construction Industry Federation has indicated to the Committee that it would be concerned if the measures proposed “introduce further safety hazards which were not present before their introduction.”. The Federation refers to (a) restriction of all-round visibility, (b) prevention of the ability to evacuate the machine especially where FOPS are used and (c) increase in hazards of fire and noise due to FOPS where these enclose the operator’s position. The Federation is also worried that ROPS and FOPS may increase the height of some construction plant thus making it unsuitable for work in which it is currently employed. The Committee considers that the points made by the Federation are of considerable importance and it recommends that the proposals be examined in the light of the Federation’s observations to see to what extent they require amendment.

E. MOTOR CAR ACCESSORIES

Contents of Proposals

12. Under existing EEC legislation Member States may not prohibit the sale, registration, entry into service and use of a motor vehicle which complies with EEC provisions relating to (a) safety belts and restraint systems (Directive 77/541/EEC), (b) anchorages of safety belts (Directive 76/115/EEC) and (c) interior fittings (Directive 74/408/EEC). At present Directive 77/541/EEC applies only to vehicles used for the carriage of passengers and comprising no more than 9 seats, including the driver’s seat. Arising out of changes in the law of two Member States, the Commission is proposing to extend the scope of the Directive to cover (i) vehicles used for the carriage of passengers, comprising more than 9 seats and having a maximum weight not exceeding 5 t. and (ii) vehicles used for the carriage of goods and having a maximum weight not exceeding 3.5 t. Consequential amendments of Directive 76/115/EEC are also proposed. Directive 74/408/EEC prohibits EEC type approval of a vehicle on grounds relating to the strength of seats and their anchorages if the seats incorporate built-in seat-belt anchorages. Arising out of recent experience of manufacturers, the Commission is proposing that this Directive be amended to allow EEC type approval where anchorages are attached to the seat itself.

Implications for Ireland

13. The Joint Committee is informed that these proposals are not expected to raise difficulties for Irish manufacturers. It is also advised that apart from updating the schedule to the European Communities (Vehicle Type Approval) Regulations, 1980 [S.I. No. 41 of 1980] Irish legislation would not be affected by the adoption of the amending Directives. The Institute for Industrial Research and Standards has informed the Committee that Irish Standard No. 137: 1965 relating to anchorage for safety belts is being revised in light of the EEC proposals but that it has no comment to offer on the other two proposals.

F. ELECTRICAL EQUIPMENT

Contents of Proposal

14. The proposal is the third in a programme of Directives for the removal of technical barriers to trade in the sector of electrical apparatus for use in potentially explosive atmospheres. The first, Council Directive 76/117/EEC of 18 December, 1975, is a framework Directive for surface installations and sets out general rules which would apply; it foresaw that harmonised standards would subsequently be made in specific Directives. The framework Directive specifically excluded “equipment designed for work underground in mines susceptible to fire damp”. Council Directive 79/196/EEC dated 6 February, 1979, the second in the series, introduced seven harmonised standards; the Joint Committee’s observations on this Directive in its draft form are contained in its Nineteenth Report dated 28 June, 1978 (Prl. 7278). The present proposal deals with the equipment excluded from the framework Directive; it adapts the framework to make it applicable to electrical apparatus for use in potentially explosive atmospheres in gassy mines; it includes the seven harmonised standards and sets out additional technical specifications with which such electrical apparatus must comply; and by way of derogation from the two earlier Directives, it makes its standards applicable to electrical equipment for use in those parts of surface installations at gassy mines which may be endangered by fire damp from underground ventilation.

15. If adoped the new Directive will oblige Member States to allow the marketing and use of electrical equipment conforming to the harmonised standards or certified as offering at least an equal degree of safety.

Implications for Ireland

16. The Joint Committee is advised that, if the proposed Directive is adopted, the impact on Irish industry will be slight since Irish standards are already closely in line with those of the proposal. The type of equipment involved is not manufactured in this country.

17. The adoption of the Directive would oblige Ireland to designate an approved body to verify and test equipment and/or issue certificates of conformity and inspection. The Committee is informed that there are no facilities in Ireland for testing such equipment as they could not be justified on economic grounds. It may, therefore, be necessary to have recourse to test facilities outside the country.

18. Existing Irish legislation on the subject is contained in the electricity regulations made by the Minister for Labour under the Mines and Quarries Act, 1965. The Committee is advised that these will require minor amendments in order to ensure that they do not conflict with the Directive if it adopted.

(Signed) ALEXIS FITZGERALD,

Chairman of the Joint Committee.

16 December, 1980.