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European Communities Bill, 1972
Explanatory Memorandum
The purpose of the Bill is to make provision so as to
enable Ireland to fulfil the obligations which will arise
from her membership of the European Communities,
namely, the European Coal and Steel Community
(ECSC), the European Economic Community (EEC)
and the European Atomic Energy
Community
(EURATOM). It is proposed to achieve this by giving
in the State the effect and application required by the
treaties governing the European Communities to the
provisions of the treaties and of the acts adopted by
the institutions of the Communities (i.e. Secondary
legislation) and by authorising the making of Minis-
terial regulations to enable, where this is not otherwise
achieved, the provisions of the treaties and of the acts
to be fully effective in the State.
Section 1 gives the definition of "the European Com-
munities" and of "the treaties governing the European
Communities". The latter definition consists of a listing
of the treaties which established the three Communities
and of the treaties and other acts amending and supple-
menting them, together with the Treaty of Accession of
Ireland (and the other applicant countries) to the Euro-
pean Economic Community and the European Atomic
Energy Community and the Council Decision concern-
ing accession to the European Coal and Steel Com-
munity. The listing is completed so as to include any
treaties or other acts amending or supplementing those
listed which have entered into force before the date of
accession (1 January 1973). Any such treaty or act
entering into force between the date of signature of
the Treaty of Accession (22 January 1972) and the date
of accession will not be included in the definition of
"the treaties governing the European Communities"
unless the Government make an order, to be approved
in draft by both Houses of the Oireachtas.
Section 2 provides that the treaties governing the
European Communities and the acts adopted by the
institutions of the Communities shall, with effect from
1 January 1973, be binding on the State and shall be
part of the domestic law of the State under the condi-
tions laid down in the treaties. This provision follows
from Article 2 of the Act concerning the Conditions of
Accession and the Adjustments to the Treaties which is
annexed to the Treaty of Accession and which states
as follows :
From the date of accession, the provisions of the
original Treaties and the acts adopted by the insti-
tutions of the Communities shall be binding on the
new member States and shall apply in these States
under the conditions laid down in those Treaties and
in this Act.
The provisions of the treaties and of the acts of the
institutions fall into two categories, namely, those which
are directly applicable in member States and those
which are not directly applicable and which require
implementing measures by member States. Insofar as
secondary legislation is concerned, that which is direct-
ly applicable is comprised mainly of regulations in the
case of the EEC and EURATOM and decisions in the
case of the ECSC and that which is not directly appli-
cable is comprised mainly of directives and decisions in
the case of the EEC and EURATOM and recommen-
dations in the case of the ECSC. By virtue of Section 2,
the provisions of the treaties and of existing and future
secondary legislation of the Communities will have the
effect and application in the State required by the
treaties.
Section 3 confers power on a Minister to make regu-
lations to enable Section 2 to have full effect. Minis-
terial regulations will be required mainly in order to
implement in the State the provisions of the treaties and
of the secondary legislation of the Communities which
are not directly applicable. They will also be required
to enable certain directly applicable provisions of the
treaties and of the secondary legislation to have full
effect in the State. The regulations may contain inci-
dental, supplementary and consequential provisions, in-
cluding provisions for repeal, amendment or application
of other law.
Section 4 gives statutory effect to regulations made
under Section 3. Provision is included for such regula-
tions ceasing to have effect unless they are confirmed
by Act of the Oireachtas passed not later than the end
of the year following that in which they are made. The
section also provides for the summoning of Dail
Eireann at the request of a majority of the members
if, when such regulations are made and before they are
confirmed or cease to have effect, the Dail stands
adjourned for more than ten days.
Section 5 provides for short title.
There are two Appendices to this Memorandum.
Appendix I contains a list of the secondary legislation
of the Communities as at 31 May 1972 which will come
into force in Ireland on or after the date of accession.
Appendix II contains a list of the principal Irish enact-
ments which will be affected by Community law. This
list is a comprehensive one but it does not purport to
be exhaustive.
It is to be noted that Part 2 of the British European
Communities Act 1972 has not been re-enacted in the
Irish Bill and consequently no provision appears to
have been made for listing specified repeals or to even-
tually apply the European Community's common cus-
toms tarriff in Ireland, or to set up the Intervention
Board for Agricultural Produce, or to finance the Sugar
Board under new arrangements, or to bring Company
Law in Ireland in conformity with Community arrange-
ments, or to provide for compatibility in restrictive
trade practices. It is not made a criminal offence to
give false evidence on oath before the European Court
of Justice or to disclose EURATOM classified informa-
tion to unauthorised persons.
Under Section 2 of the Bill, not only the treaties
governing the European Communities which are fully
listed in Section 1, but also the Acts adopted by the
Institutions of the Community, shall be binding on the
State as part of the domestic law of Ireland. These
Acts comprise directives, regulations, recommendations
and decisions and can be described as the secondary
legislation of the Communities. These regulations, direc-
tves, : ecommendations and decisions, are set out in full
in Appendix I to the Explanatory Memorandum under
the following headings .
(A) BUDGETARY POLICIES
(1) European Communities—1 Regulation of 1971.
(2) European Coal and Steel Community—11 Deci-
sions.
(3) European Communities—2 Decisions.
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