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Joint Committee on the Secondary Legislation of the European Communities díospóireacht -
Wednesday, 19 Dec 1979

Statutory Instruments.

In paragraph 2 of this report we reflect our appreciation of the fact that reports we have made before have been taken note of by all concerned and that certain statutory instruments are being made in the manner we thought right. We should express thanks now, where elsewhere in the draft report we are expressing criticism.

With regard to the Council Directive on the farmers' retirement scheme, this scheme is implemented by way of a statutory instrument. As a result of being so done this Committee is able to observe what is happening. The other two schemes operated by the same Department, the farm modernisation and disadvantaged areas schemes are not embodied in statutory instruments. They are done administratively by reference to the Appropriation Bill which is at present being discussed in the Seanad. It was suggested that it should be reported by the Committee that it is not correct that Council Directives dealing with agricultural structures should be implemented in different ways. There should be regulations dealing with these two other schemes which can be looked at on their own merits by this Committee rather than being lost in the Appropriation Act. We are saying what we have said before in other reports about this matter and trying to get the Department of Agriculture to do in relation to these schemes what they do in relation to the farmers' retirement scheme. We think it is undesirable that these remain unchanged and wish so to recommend.

The anti-dumping duties are very complex. The key paragraph is No. 14. It is very interesting. The ECSC decided to protect the Community from dumping of certain products and issued recommendations which had to be implemented locally by regulations. The prevention was to be done by the member state in question. It was so conducted that the recommendation to stop dumping was made and at a certain stage another recommendation was made to terminate it. From the point of view of the European Community at one stage there were to be tariffs stopping dumping by third countries and after a period of time that was terminated so that the free flow of goods from third countries could resume. Owing to the procedures adopted the duties which could, as a matter of European law, have been in effect from 16 February 1979 to 26 March 1979 on products originating in and consigned from Brazil, and from 3 March 1979 to 11 April 1979 on products shipped from Spain but originating in Brazil, were not in force in Ireland at all. There was a period when, assuming the other eight member states acted locally as the recommendation required, there was an exposure here to dumping of these products from Brazil and Spain which was closed elsewhere in the Community. As regards the explanation for this, we were informed by the Department of Industry, Commerce and Energy that there must of necessity be some delay in giving effect at national level to Commission recommendations where, after receipt of the Official Journal of the European Communities in which the recommendation is published, regulations have to be prepared in consultation with the parliamentary draftsman and the Revenue Commissioners and the Revenue Commissioners have to be given time to instruct their officials and so on. The Department said that the delay was understood and accepted by the Commision but we suggest that the fact that it is understood by the Commission does not impress us. We are concerned that the country could apparently be exposed to dumping of iron and steel products by third countries because of legal and administrative difficulties in counteracting it here. If a dumping problem arises which requires prompt action our view is that legislation should exist which could immediately be brought into operation and which does not require anybody to draft anything. I do not know if anything got through or not but it could have, and that is the point.

Paragraphs 1 to 16, inclusive, agreed to.

Appendix agreed to.

Draft Report agreed to.

Ordered: To report accordingly.

The Joint Committee adjourned at 5.30 p.m.

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