Emmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

Question 49: To ask the Minister for Finance the number of EU directives for which his Department has responsibility that are yet to be implemented; the number in respect of which the deadline has passed; and if he will make a statement on the matter. [18297/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

There are currently eight EU directives for which my Department has responsibility which have yet to be implemented. The deadline has passed in the case of two of these directives. One of these two was transposed through the Finance Act 2005 and the Commission has now been notified of this fact. The second one will be transposed shortly by statutory instrument.

The details of each of the directives are set out as follows:

Council Directive 2003/98/EC — Re-use of Public Sector Information. This directive lays down ground rules for the re-use of public sector information for commercial purposes. A stamped copy of the statutory instrument has now been received from the Office of the Parliamentary Counsel. The deadline for implementation is 1 July 2005; Council Directive 2004/106/EC of 16 November 2004 amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the member states in the field of direct taxation, certain excise duties and taxation of insurance premiums and Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products. This directive requires transposition by 1 July 2005; Council Directive 2005/19/EC of 17 February 2005 amending Directive 90/434/EEC 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchange of shares concerning companies of different member states. This directive has only recently been agreed and published in the Official Journal on 4 March 2005 with a deadline for transposition of 1 January 2006; Council Directive 2004/18/EC — Revised Public Sector Procurement Directive. This directive co-ordinates the procurement procedures for the award of public works contracts, public supply contracts and public service contracts. The deadline for implementation is 30 January 2006; Council Directive 2004/17/EC — Revised Utilities Sector Procurement Directive. This directive co-ordinates the procurement procedures of entities operating in the water, energy, transport and postal services sector. The deadline for implementation is 30 January 2006; Council Directive 2004/39/EC — Markets in Financial Instruments Directive. This directive allows investment firms to provide their services across the EU on the basis of their home country authorisation, that is, it will give them an effective single passport. The deadline for implementation is 30 April 2006; Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity. The deadline for transposition was 31 December 2003. As was already outlined in response to a parliamentary question on 5 May 2005, Ireland was already in compliance with all significant requirements of the directive prior to 1 January 2004. The outstanding elements of the directive have been provided for in Finance Act 2005, subject to a commencement order in one instance. A letter notifying the Commission of this has issued; and Council Directive 2004/56/EC of 21 April 2004 amending Directive 77/799/EEC concerns mutual assistance in the field of direct taxation, certain excise duties and taxation of insurance premiums. The deadline for transposition was 1 January 2005. A statutory instrument is being prepared and the directive will be transposed shortly.

Every effort is being made in my Department, in conjunction with the Office of the Attorney General and Parliamentary Counsel to the Government, to ensure that any outstanding directives will be transposed as a matter of urgency and that remaining directives will be transposed on time.