Written answers
Thursday, 27 October 2005
Department of Health and Children
EU Directives
5:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 108: To ask the Tánaiste and Minister for Health and Children the number of EU directives within her Department's competency which have not been transposed into law; the number of warning letters received by her Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in her Department; and if she will make a statement on the matter. [31143/05]
Mary Harney (Dublin Mid West, Progressive Democrats)
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The Deputy will find the latest position on directives awaiting transposition by the Department of Health and Children as set out in the following table. The process transposing four directives has not yet been completed. In one case the process has been delayed by legal action. In two cases with an end-October deadline the drafting is almost complete. It is complete in the remaining case where the Statutory Instrument is ready for signature.
Together with my colleagues in Government, I am conscious of the need to ensure Ireland's treaty commitments are met by transposing EU legislation as required. In this context the Department of Health and Children continues to make every effort, within its available resources, to ensure that relevant EU measures are transposed into Irish law in a timely manner.
With regard to the more detailed historical information sought for the period 1997-2005, the available information will be collated and forwarded to the Deputy as soon as possible.
| Directive | Title | Note |
| Directive 2003/33 | Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products | The Tobacco Advertising Directive (2003/33/EC) was transposed into Irish law by means of the Public Health (Tobacco)(Amendment) Act 2004. This Act, which was enacted in March 2004, is being challenged by the international tobacco industry in the Irish Courts and as a result of this legal challenge Ireland is not in a position to commence all sections of the Act. A comprehensive ban on tobacco advertising and sponsorship has been in place in Ireland since July 2000. This legislation includes the requirements of Directive 2003/33/EC and also prohibits tobacco advertising in cinemas, on billboards and tobacco sponsorship at national events which are not included in the Directive. |
| Directive 2004/24 | Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use. | The deadline for the transposition of this Directive is the end of October. The drafting of the Statutory Instrument is at an advanced stage |
| Directive 2004/27 | Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use. | The deadline for the transposition of this Directive is the end of October. The drafting of the Statutory Instrument is at an advanced stage |
| Directive 2005/9 | Commission Directive 2005/9/EC of 28 January 2005 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annex VII thereto to technical progress | The drafting of the S.I. has recently been completed and it will be signed shortly. |
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