Committee Reports > List of Committees > Joint > 1985 > Committee on the Secondary Legislation of the European Communities (4th Committee) > Report No. 16 - Statutory Instruments [9]

APPENDIX 3

European Communities [Motor Vehicles (Registration of Importers) Act, 1968 (Repeal)] Regulations, 1984 [S.I. No. 367 of 1984]

Secretary,

Department of Industry, Trade, Commerce and Tourism.

Re:—European Communities [Motor Vehicles (Registration of Importers) Act, 1968 (Repeal)] Regulations 1984 [S.I. No. 367 of 1984]

I am directed by Mr. Gerard Collins T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities to request the following information in relation to the above regulations:—

(1)To what extent, if any, the making of the above instrument was necessitated by the obligations of Membership of the EEC.

(2)If the Regulations were necessitated by Community legislation why is there no such reference in the regulations themselves or in the explanatory memo?

S. PHELAN,

Clerk to Joint Committee.

11 March 1985.

Mr. S. Phelan

Clerk to the Joint Committee on the

Secondary Legislation of the European Communities

Leinster House

Dublin 2.

Re:— European Communities [Motor Vehicles (Registration of Importers) Act, 1968 (Repeal)] Regulations, 1984 [S.I. No. 367 of 1984].

I am directed by the Minister for Industry, Trade, Commerce and Tourism to refer to your minute of 11 March, 1985 (Ref. EC4/206) about the above regulations.

The Motor Vehicles (Registration of Importers) Act, 1968 provided the statutory framework for special arrangements which applied to the assembly and importation of motor vehicles in Ireland. When originally introduced, these arrangements known as “the Scheme” were to apply until 1992. However, under Protocol 7 annexed to Ireland’s Treaty of Accession to the European Communities, we were obliged to terminate the Scheme by 1 January, 1985. Following consultation with the Office of the Attorney General, it was decided to repeal the 1968 Act (therby terminating the Scheme) by means of Regulations made under the European Communities Act, 1972.

The above Regulations were necessitated by virtue of Ireland’s Treaty of Accession, hence the relevant enabling legislation was the European Communities Act, 1972. However, since the 1968 Act was de facto the Scheme, it was not found necessary to make reference in the Regulations to the fact that they were prompted by virtue of our Community obligations. Similarly, the Explanatory Note stated the fact that the Regulations repealed the 1968 Act without mention of the reason why it was necessary to so do. It is however appreciated that the Note should make some attempt to clarify the reasoning behind the Regulations and this point will be borne in mind in the preparation of any future statutory instruments made pursuant to our obligations under the EEC Treaty.

N. KENNEDY,

20th March, 1985.