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Dáil Éireann debate -
Wednesday, 3 Mar 1993

Vol. 427 No. 3

Written Answers. - Derogations from EC Laws.

Peter Barry

Question:

74 Mr. Barry asked the Minister for Justice the number of derogations from implementing EC laws Ireland has sought and received during each of the last five years; and if she will make a statement on the matter.

No derogations from the implementation of European Community laws were sought during the last five years in respect of any area for which I or my Department have responsibility.

Peter Barry

Question:

75 Mr. Barry asked the Minister for Enterprise and Employment the number of derogations from implementing EC laws Ireland has sought and received during each of the last five years; and if he will make a statement on the matter.

The following derogations were sought and received by Ireland during the last five years in respect of EC legislation dealt with by my Department.

1. A derogation from the provisions of Annex III, section 4 of Directive 75/106/EEC relating to the making-up by volume of certain prepackaged liquids as amended by 88/316/EEC, which was adopted on 7 June 1988.

The purpose of the derogation was to allow Ireland (and the UK) to include the 71 ml size in the list of Community ranges of sizes for spirits.

2. A derogation was granted to Ireland in respect of Direction 89/395/EEC on Food Labelling, which was adopted on 14 June, 1989, in so far as it allowed Ireland to apply only a limited list of labelling provisions to milk bottles intended for re-use.

3. Ireland sought and received special phased transitional arrangements in relation to the following Directives:

Second non-life insurance freedom of services Directive (88/618/EEC)

Motor Insurance freedom of services Directive (90/618/EEC)

The special phased transitional arrangements would have allowed Ireland to delay the full implementation of the above Directives until 1999. However, following consultation with all interested parties and, in view of our commitment to a single insurance market, the hope of increased competition for the benefit of policyholders and increased opportunities for insurers here, the Minister decided to waive the special phased transitional arrangements and apply both Directives in full.

Peter Barry

Question:

76 Mr. Barry asked the Minister for the Environment the number of derogations from implementing EC laws Ireland has sought and received during each of the last five years; and if he will make a statement on the matter.

The following EC Directives for which my Department has administrative responsibility contain derogations for Ireland:

Title of EC Directive

Derogation for Ireland

Reason for Derogation

Council Directive 89/460/EEC of 18th July 1989 fixing the expiry date of derogation accorded to Ireland and the UK from Directive 85/3/EEC on maximum vehicle weights and dimensions (OJ No. L 226/5 of 18.7.1989)

Various operative dates for certain EC maximum vehicle weights deferred to 31/12/1998

To allow bridges to be strengthened (with the aid of EC funding) to carry heavier lorries

Third Council Directive 90/232/EEC of 14th May 1990 on the approximation of the laws of member states relating to insurance against civil liability in respect of the use of motor vehicles (OJ No. L 129/33 of 19.5.1990)

Operative date deferred to:

To phase in the impact of increased insurance liabilities on insurance premia

(a) 31/12/1995/ for compulsory passenger insurance (goods vehicles) and for increased automatic cover for Irish vehicles visiting other EC member states;

(b) 31/12/1998 for compulsory insurance of pillion passengers on motor cycles

Council Directive 91/328/EEC of 21st June 1991 amending Directive 77/143/EEC on the approximation of the laws of member states relating to roadworthiness tests for motor vehicles and their trailers (OJ No. L178/29 of 6.7.1991)

Operative date for biennial testing of cars over four years old deferred to 1/1/1998

To phase in the costs of car testing

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