Written answers
Thursday, 27 October 2005
Department of Communications, Energy and Natural Resources
EU Directives
5:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 180: To ask the Minister for Communications, Marine and Natural Resources the number of EU directives within his Department's competency which have not been transposed into law; the number of warning letters received by his 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 his Department; and if he will make a statement on the matter. [31145/05]
Noel Dempsey (Meath, Fianna Fail)
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There are five directives awaiting transposition by my Department, only one of which is overdue, Directive 2003/55/EC. The detailed position in relation to directives awaiting transposition is set out in table 1. Since the establishment of my Department in 2002, the European Commission has issued letters of formal notice or reasoned opinions on ten occasions: 2002, 2; 2003, 3; 2004, 3; 2005, to date, 2. The letters concerned overdue transposition of directives all of which have since been transposed, with the exception of Directive 2003/55/EC, which has been awaiting transposition for the longest period and is expected to be transposed in November. The details are set out in table 2.
| Table 1 — EU Directives Awaiting Transposition | |||
| Title/Number/Subject | Method Bill/SI | Deadline for Transposition into Irish Law | Expected date of transposition |
| Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC. | 4 SIs | 1. 01.07.04 (part) | 1. Transposed (01.07.04) |
| Directive 2002/91 of 16 December 2002 on the energy performance of buildings | Bill | 04.01.06 | December 2005 |
| Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC. | Bill | 21.02.06 | February 2006 |
| Directive 2004/67/EC of the European Parliament and of the Council of 26 April 2004 concerning measures to safeguard security of natural gas supply | SI | 19.05.06 | May 2006 |
| Directive 2005/12/EC of the European Parliament and of the Council of 18 February 2005 amending Annexes I and II to Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships | SI | March 2006 | March 2006 |
| Table 2 — Letters from the Commission Regarding Alleged Failure to Transpose EU Directives | ||||
| Date of letter | Type of letter: | Details | Title of Directive | Current Status |
| 25/07/02 | LFN | Failure to transpose Directives 1999/63 and 1999/95/EC | Directive 1999/63 of the European Parliament and of the Council concerning the agreement on the organisation of working time of seafarers concluded by the EC Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST); Directive 1999/95 of the European Parliament and of the Council concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community Ports | Transposed |
| 23/12/02 | RO | Failure to transpose Directive 2000/31/EC | Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) | Transposed |
| 04/04/03 | RO | Failure to transpose Directives 1999/63/EC and 1999/95/EC | Directive 1999/63 of the European Parliament and of the Council concerning the agreement on the organisation of working time of seafarers concluded by the EC Shipowners Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) Directive 1999/95 of the European Parliament and of the Council concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community Ports | Transposed |
| 08/04/03 | RO | Failure to transpose Directive 1999/95/EC | Directive 1999/95 of the European Parliament and of the Council concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community Ports | Transposed |
| 25/07/03 | LFN | Failure to transpose Directive 2001/105/EC and 2001/106/EC | Directive 2001/105 of the European Parliament and of the Council dated 19 December 2001 amending Council Directive 94/57 EC on Common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administration. Directive 2001/106 of the European Parliament and of the Council dated 19 December 2001 amending Council Directive 95/21/EC concerning enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for Ship Safety, pollution prevention and shipboard living and working conditions (Port State Control). | Transposed |
| 28/01/04 | LFN | Failure to transpose Directive 2002/84/EC | Directive 2002/84 of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships | Transposed |
| 19/02/04 | LFN | Failure to transpose Directive 2002/59/EC | Directive 2002/59 of the European Parliament and of the Council of 27 June 2002 establishing a Community Vessel Traffic Monitoring and Information System and repealing Council Directive 93/57/EEC | Transposed |
| 13/10/04 | LFN | Failure to transpose Directive 2003/54/EC and Directive 2003/55/EC | Directive 2003/54/EC of the European Parliament and of the Council of 26 July 2003 concerning common rules for the Internal market in Electricity and repealing Directive 96/92/EC Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the Internal Market in natural gas and repealing Directive 98/30/EC | Transposed Expected to be transposed November 2005 |
| 07/04/05 | RO | Failure to transpose Directive 2003/55/EC | Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the Internal Market in natural gas and repealing Directive 98/30/EC | Expected to be transposed November 2005 |
| 05/07/05 | LFN | Failure to notify transposition of Directive 2003/30/EC | Directive 2003/30/EC of the European Parliament and on the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport | Transposed |
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