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Dáil Éireann debate -
Wednesday, 17 Oct 1979

Vol. 316 No. 1

Written Answers. - EEC Directives.

505.

asked the Minister for Foreign Affairs the EEC Directives from which Ireland has sought a derogation since joining the EEC; the reason for seeking the derogation in each case; if the derogation was granted and for what period.

The following material applies to directives from which derogation was sought after the directives had been adopted by the Council. There are, of course, instances where special provisions were negotiated by Ireland and other member states before the directives were adopted by the Council and in such cases the provisions are included in the text of the directive as published in the Official Journal. The Deputy will appreciate that the information requested was wide-ranging and involved consultation with many Government Departments in an endeavour to obtain exhaustive information covering this wide area. If the Deputy has any further specific requests I will be glad to furnish the appropriate information. Following is a tabular statement of the directives from which specific derogation was sought:

Directive

Derogation sought

Reason for seeking derogation

Whether granted—If so period

Council Directive No. 76/119/EEC on Outward Processing

Ireland sought derogation to end of transitional period

Derogation sought because of adverse effects on the interests of Irish producers, particularly in the sensitive industries sector. Moreover, the triangular traffic procedure permitted under the Directive was seen as further accentuating com petition from Outward Process goods manufac tured in Third Countries at lower labour rates.

Deferred until the end of the transitional period (30 June, 1977)

Directive

Derogation sought

Reason for derogation

Whether granted—If so period

Council Directive 72/464 EEC of 19 December, 1972 on taxes other than turnover taxes which affect the consumption of manufactured tobacco

Ireland sought a derogation from the application of directive for five years

This Directive was concerned with the structure and the basis of assessment of excise duty on tobacco and established a harmonised excise system based on a charge on the finished tobacco product. Derogation was sought because of the difficulties involved for Irish industry in changing over from the former system, which was based on the changing of excise duty on the importers leaf tobacco, to one based on the finished product.

Yes for five years to 1 January, 1978

Directive

Derogation sought

Reason for seeking derogation

Whether granted If so period

Council Directive No. 75/117/EEC on Equal Pay

Ireland sought derogation for a limited period—not to continue later than 31 December, 1977

Ireland requested in February, 1976 authorisation from the Commission to derogate from the rules on equal pay between men and women. The reasons why authorisation to derogate was sought were stated to be the high rates of unemployment and inflation prevailing in Ireland and the serious economic situation in particular areas of the Irish economy so that the introduction of equal pay in these circumstances might, by imposing additional burdens on undertakings result in an increase in the level of unemployment or affect the financial viability of business.

The request was rejected by the Commission.

Directive

Derogation sought

Reason for derogation

Whether granted—If so period

Council Directive 64/432/EEC of 26 June, 1964 on Animal Health Problems affecting intra-Community Trade in Bovine Animals and Swine.

1. The right to retain our national rules relating to protection against foot-and-mouth disease with regard to imports from other member States, of bovine animals for breeding, store and slaughter.

1. To protect our national herds against the introduction of foot-and-mouth disease.

1. Yes—to 31 December 1982 by Council Directive 77/98/EEC.

2. The right to retain our national rules relating to protection against swine fever disease with regard to imports from other member States of swine for breeding, store and slaughter.

2. To protect our national herds against the introduction of swine fever disease.

2. Yes—to (a) 31 December 1977 by Council Directive 77/98/EEC (b) 31 December 1978 by Council Directive 78/54/EEC (c) 30 June 1979 by Council Direcive 79/111/EEC (d) 21 December 1979 by Council Directive 79/580/EEC

Council Directive 64/433/EEC of 26 June, 1964 on Health Problems affecting intra-Community Trade in Fresh meat.

1. The right to retain our national rules relating to protection against foot-and-mouth disease with regard to imports of fresh meat from other member States.

1. To protect our national herds against the introduction of foot-and-mouth disease.

1. Yes—to 31 December 1982 by Council Directive 77/98/EEC

2. The right to retain our national rules relating to protection against swine fever disease with regard to imports of fresh meat from other member States.

2. To protect our national herds against the introduction of swine fever disease.

2. Yes—to:(a) December, 1977 by Council Directive 77/98/EEC (b) 31 December, 1978 by Council Directive 78/54/EEC (c) 30 June, 1979 by Council Directive 79/111/EEC (d) 31 December, 1979 Council Directive 79/580/EEC

Directive

Derogation sought

Reason for seeking derogation

Whether granted—If so period

Council Directive on 26 June, 1964 on animal health problems affecting intra Community trade in bovine animals and swine 64/432/EEC

1. The right to retain the methods applied in our territory whereby a herd of cattle become offically tuberculosis free and brucellosis free.

1. If we had to use the methods prescribed in EEC legislation significant numbers of cattle would be deemed to be TB reactors which were not infected with bovine tuberculosis.

Yes To 31/12/1979 in respect o Nos. 1, 2 and 3. To 31/12/1978 in respect of No. 4.

2. The right not to test for brucellosis castrated cattle from Ireland to the UK.

2. Such testing which we maintain is unnecessary, would be costly in terms of money and manpower.

3. The right to use a tuberculin test other than that laid down in the Directive in the case of cattle traded from Ireland to the UK.

3. See reply opposite I above

4. Derogation from the obligation to separate breeding and store cattle, traded from Ireland to the UK, from slaughter cattle.

4. This would cause practical trading difficulties.

Council Directive 78/1032/EEC on value of goods imported as part of traveller's personal luggage

Ireland sought derogation from the application of this Directive for five years

Possible fiscal and economic effects which could arise from the importation of certain sensitive goods if single items up to value of 180 EUA could be imported

Yes for five years

First Directive for the implementation of Article 67 of the Treaty. Council Directive 63/21/EEC on Liberalisation of Capital Movements

Ireland sought derogation from part of the Directive Ireland sought derogation from part of the Directive

to avoid capital outflows to third countries to modify and extend the scope of the previous derogation in order to reduce the possibility of establishing capital movements in the light of our participation in the EMS while the UK. remains without

Yes for an indefinite period. No decision yet

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