Eamon Ryan (Dublin South, Green Party)
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Question 262: To ask the Minister for Justice, Equality and Law Reform the European directives in his Department that are awaiting full implementation. [14657/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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There are seven directives that come under the remit of my Department that have been adopted by Council but have yet to be transposed into domestic legislation. These are: Commission Directive 2004/57/EC on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses; Council Directive 2004/83/EC on the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted; Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services; Council Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) no 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC; Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals; and Council Directive 2004/82/EC on the obligations of carriers to communicate passenger data.

The second, third, fourth, fifth, sixth and seventh directives listed are not due to be transposed for some time and work is under way to allow for their transposition into domestic legislation. The first directive was adopted on 23 April 2004 and a transposition date of 31 December 2004 was set. This directive has not yet been transposed but its transposition into national legislation is currently being examined as a matter of urgency, in the context of a review of the Explosives Act 1875.