Ruairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

Question 190: To ask the Minister for Enterprise, Trade and Employment 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. [31148/05]

Michael Ahern (Cork East, Fianna Fail)
Link to this: Individually | In context

My Department continues to accord a high priority to the transposition of directives and endeavours as far as possible to transpose directives in time to meet the deadline given for transposition.

There are currently seven directives awaiting transposition between now and the end of October 2005, of which six are overdue for transposition. In addition, a further 15 directives require to be transposed, two by the end of this year and the remainder in subsequent years. In the case of the overdue directives, three are the subject of letters of formal notice by the European Commission and a further directive is the subject of a reasoned opinion. Details of these directives are provided in the following table. It is anticipated that all of the overdue directives will be transposed before the year end.

Directive 2001/45/EC, concerning the minimum safety and health requirements for the use of work equipment by workers at work, which was due to be transposed by 19 July 2004, is currently the longest overdue directive. It is due to be transposed by way of regulations, namely the forthcoming Safety, Health and Welfare at Work (General Application) Regulations. It is intended that these regulations will be in force before the end of 2005.

Two directives which were previously transposed are also the subject of infringements under Article 226. In the case of Directive 92/100/EEC, rental right and lending right and on certain rights related to copyright in the field of intellectual property, the European Commission considered that Ireland had incorrectly transposed certain provisions of the directive. With the intention of resolving the matter, the Government has approved the drafting of legislation which will provide a legislative basis for the introduction of a positive public lending right scheme in Ireland. In respect of Directive 89/391/EEC, framework directive on safety and health of workers at work, the European Commission determined that Ireland had failed to fulfil its obligations in respect of the directive. The difficulties raised by the Commission have now been addressed in the Safety, Health and Welfare at Work Act 2005 and it is anticipated that proceedings will now be dropped.

It is not possible to provide definitive information on infringement proceedings prior to 2001. However, with the exception of those directives currently subject to infringement proceedings, as outlined above, all other infringement proceedings have been satisfactorily resolved. At present there are no other infringement cases outstanding. The following table provides details of EU directives for which infringement notices have been issued since January 2001 and where applicable it details the date transposed and the position in relation to those directives which are currently awaiting transposition.