asked the Minister for Industry and Commerce his views on the amendments to the Rome Treaty whereby imports to Ireland will not have to carry a country of origin label and whereby the guaranteed Irish label will no longer be permitted; if he will take some action; and if he will make a statement on the matter.
Written Answers. - Origin Marking of Goods.
34.
Limerick East): I take it that the Deputy is referring to the revocation in July 1985 of the Consumer Information (Miscellaneous Goods) (Marking) Order, 1984, which required various imported and home produced goods to bear an indication of origin.
The revocation followed notification from the EC Commission of its intention to commence proceedings against Ireland in the European Court of Justice in respect of the order which the Commission contended was a barrier to trade and was thus in breach of the Treaty of Rome. The Commission's notification followed a judgment by the Court that similar legislative provisions in the United Kingdom were contrary to Article 30 of the Treaty. The Court has been extremely strict in its interpretation of the provisions of the Treaty in so far as they relate to origin marking. Basically its opinion is that origin marking can be required only in very limited circumstances and it has continually rejected the argument that a general origin marking requirement is necessary on grounds of consumer protection.
Legal advice was obtained to the effect that the 1984 Order could probably not be upheld in relations to products originating in EC member states or in countries with which the Community has trade agreements, or to products originating in third countries which are in free circulation in the Community. It was considered that revocation of part only of the order would have resulted in a system which would be confusing for the consumer, may have adversely affected our international trade generally and, furthermore, would have been extremely difficult to administer and enforce. Accordingly it was decided to revoke the order.
There are no EC or other provisions which prevent products carrying an indication of origin and I am not aware of any action aimed at prohibiting the use of the guaranteed Irish label.