Committee Reports > List of Committees > Joint > 1988 > Committee on the Secondary Legislation of the European Communities (5th Committee) > Report No. 02 - Statutory Instruments [19]

APPENDIX 6

EUROPEAN COMMUNITIES (NATURAL MINERAL WATERS) REGULATIONS, 1986

[S.I. NO. 11 OF 1986]

20 March 1986

Secretary

Department of Industry, Trade, Commerce and Tourism.

I am directed by Mr. Gerard Collins, T.D., Chairman of the Joint Committee to refer to the above Regulations. Your attention is drawn to Report 23 on 33 Statutory Instruments adopted by the Joint Committee on 18 December, 1985. I am to enquire whether any consideration was given to the observations, made in this Report on the implementation of EEC Directives, when these Regulations were being adopted.

Furthermore I am to enquire the reason it was considered necessary to include Regulation 9 and the reference to the manufacture of soft drinks.

Jody Blake

Assistant Principal Committee Clerk

Deaprtment of Industry and Commerce

7 August, 1987

Ms A. McHugh

Assistant Principal Committee Clerk

Joint Committee on the Secondary Legislation of the European Communities.

A Chara,

I am directed by the Minister for Industry and Commerce to refer to your letter of 28th July, 1987 regarding the European Communities (Natural Mineral Waters) Regulations, 1986.

While the Joint Committee’s Report No. 23 (dated 18 December, 1985) had not arrived in the Department when the Regulations under reference were submitted to the Minister for signature (i.e. about mid-January, 1986), the Departmental Officials concerned were already aware, from certain earlier Reports, that the Joint Committee considered that Irish implementing instruments should be as self-contained and clear as possible and expressed in the legal language normally used in the State. These points were put to the Parliamentary Draftsman’s Office in the discussions leading to the drafting of the Regulations and, as far as the Department is aware, were taken into account in the drafting of S.I. No. 11 of 1986. The Department is satisfied that the Regulations set out clearly the obligations arising from the Directive.

As regards the specific issue raised in the second paragraph of your minute, Regulation 9 (with its reference to soft drinks) was included to facilitate the soft drinks industry which was anxious to have the position spelt out as had been done in the Directive.

The failure to respond to your minute of 20 March, 1986 is regretted, but there is no record of it ever being received in the Department.

You may wish to note that administrative responsibility for the Regulations now rests with the Food Branch of the Department of Agriculture and Food.

Mise le meas,

Thomas O’Reilly,

Assistant Principal.