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Dáil Éireann debate -
Wednesday, 27 Jan 1988

Vol. 377 No. 1

Written Answers. - EC Directives.

160.

asked the Minister for Industry and Commerce when he will introduce regulations to give effect to the EC directives on (a) toy safety, (b) imitation products, (c) product liability, (d) consumer credit, (e) contracts negotiated away from business premises; if, in each case, he is exercising any options to vary, add to or reduce the provisions of the EC directive, and if so, in what respects.

The following is the information sought by the Deputy in relation to each of the Directives mentioned:

(a) Toy Safety Directive

The Toy Safety Directive has not yet been formally adopted and, accordingly, the date of its implementation is as yet uncertain.

The draft Directive does not set out any options in relation to its provisions.

(b) "Imitation Products" Directive

The Industrial Research and Standards (section 44) (Resemblance to Food or Non-Food Products used by Children) Order, 1983, which contains provisions similar to those in the Directive, is at present being examined, and legal advice is being sought, to establish whether any further measures are necessary to give effect to the Directive.

Again, this Directive does not set out any options in relation to its provisions.

(c) Product Liability Directive

My Department is currently preparing legislation to implement this Directive and I hope to introduce the necessary measures within the next six months.

The Directive allows member states to exercise options in their implementing legislation in regard to (i) excluding primary agricultural products and game, (ii) allowing the development risks defence and (iii) imposing a financial limit on total liability. I propose to exclude primary agricultural products and game, to allow the development risks defence and not to set a financial limit.

(d) Consumer Credit Directive

I aim to introduce the necessary implementing measures in good times before the due implementation date of 1 January 1990.

One of the requirements of the Directive, i.e. that in relation to showing the true cost of credit in advertisements offering credit, has already been implemented here by means of the Consumer Information (Consumer Credit) Order, 1987. The remaining provisions of the Directive are currently under examination in my Department; no decisions have been taken on the manner in which these might be implemented.

(e) Directive relating to contracts negotiated away from business premises

I hope to introduce within the next few months the Regulations necessary to give effect to this Directive, which is commonly referred to as the "doorway selling" Directive. My Department is currently examining a number of options provided for in the Directive and no decision has yet been made on these.

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