Written answers
Thursday, 23 June 2005
Department of Justice, Equality and Law Reform
EU Directives
8:00 pm
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 189: To ask the Minister for Justice, Equality and Law Reform the number, title and purpose of the EU directives not yet incorporated into law relating to his Department's work; and when it is envisaged that these outstanding directives will be incorporated into Irish law in each case. [21784/05]
Michael McDowell (Dublin South East, Progressive Democrats)
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There are seven EU directives which have been adopted by the Council of the European Union but have yet to be transposed into domestic legislation in Ireland. One of these directives, Directive 2004/57/EC, has passed its deadline for transposition. It is anticipated that this directive will be transposed later this year by way of a Statutory Instrument under section 3 of the European Communities Act 1972. Three of the directives listed below are Schengen-related measures and as such, the deadlines for transposition apply to Schengen member states only. Ireland is not a Schengen member state. However, following the Council decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis, Ireland must transpose these measures before the Council can take a decision approving Ireland's implementation of these aspects of the Schengen acquis. Work is under way to prepare the necessary legislation to transpose the directives into Irish law. The remaining three directives have deadlines in 2006 and 2007. Work is also under way to allow for their transposition into domestic legislation.
| Number | Title | Purpose | Transposition deadline | Expected date of transposition |
| 2004/57/EC | Commission Directive 2004/57/EC of 23 April 2004 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 | Directive 93/15/EEC applies to explosive materials and articles which are considered to be such in the United Nations Recommendations on the transport of dangerous goods and which fall within Class 1 of those recommendations. Pyrotechnic articles, however, are expressly excluded from the scope of that Directive. Consequently, in order to ensure the uniform application of Directive 93/15/EEC throughout the Community, it is necessary to identify, by reference to the relevant United Nations recommendations, articles which are to be considered to be pyrotechnic in nature. So that it is clear precisely what Directive 93/15/EEC covers, Directive 2004/57/EC lists 1) the articles in the UN recommendations considered to be pyrotechnic or ammunitions and 2) those Articles in respect of which a determination is required as to whether those Articles are pyrotechnic articles or explosives. | 31/12/2004 | 2005 It is proposed to transpose the Directive into Irish law by way of Statutory Instrument under Section 3 of the European Communities Act, 1972. A draft instrument has been prepared within the Department and has been forwarded to the Attorney General's Office for formal drafting. |
| 2004/38/EC | Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 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. | The Directive lays down the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members; the right of permanent residence in the territory of the Member States for Union citizens and their family members; the limits placed on the rights above on grounds of public policy, public security or public health. | 30/04/2006 | 2006 |
| 2004/83/EC | Directive 2004/83/EC of 29 April 2004 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 | The purpose of this Directive is to lay down minimum standards for the qualification of third country nationals or stateless person as refugees or as persons who otherwise need international protection and the content of the protection granted. The main objective of this Directive is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection, and, on the other hand, to ensure that a minimum level of benefits is available for these persons in all Member States. | 10/10/2006 | Summer 2006 |
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