Emmet Stagg (Kildare North, Labour)
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Question 142: To ask the Minister for Finance the number of EU directives for which his Department has responsibility that are yet to be implemented; the numbers in respect of which the deadline has passed; and if he will make a statement on the matter. [26652/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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There are currently four EU directives for which my Department has responsibility which have to be implemented before their relevant deadlines. In addition, there are a further three EU directives which, despite being fully implemented by Ireland, still appear on the EU Commission's list of outstanding directives. The Commission has been informed of this position. We await notification from the Commission that it has removed these three directives from its list of outstanding directives.

The details of each of the four directives still to be implemented are set out as follows: 1. Council Directive 2005/19/EC 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 amends the 1990 mergers directive which provides tax neutrality for cross-border company restructuring. The amending directive extends tax deferral to a larger number of cases and improves the methods to secure tax neutrality while safeguarding the financial interests of member states. The deadline for implementation is 1 January 2006; 2. 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; 3. 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; 4. Council Directive 2004/39/EC Markets in Financial Instruments Directive, MIFID. 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. However, in view of the complexity of the directive and the changes in IT and other administrative procedures which the financial services sector will have to make, the Commission has proposed that the date for implementation be extended by six months. This would extend the deadline to the end of October 2006, with a further six months for industry to comply. This proposed extension is likely to be approved by Council.

Every effort is made by my Department, in conjunction with the Office of the Attorney General and Parliamentary Counsel to the Government, to ensure that directives are implemented within their deadlines and this is expected to be achieved in regard to the four directives listed above.