Written answers
Thursday, 27 October 2005
Department of Enterprise, Trade and Employment
EU Directives
5:00 pm
Ruairi Quinn (Dublin South East, Labour)
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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)
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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.
Current infringement cases. | ||
Description of Directive | Deadline for Transposition into Irish Law | Current position |
Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work | Directive was transposed in 1993. EU Commission determined that Ireland failed to fulfil its obligations in respect of this directive | Difficulties have now been addressed in the Safety, Health and Welfare at Work Act 2005 and it is anticipated proceedings will now be dropped |
Directive 92/100/EEC on Rental Right and Lending Right on Certain Rights related to Copyright in the field of Intellectual Property. | Directive was transposed on 01/01/2001. EU Commission considered that Ireland had incorrectly transposed certain provisions of this directive | 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 |
Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work | 19/07/2004 | It is expected that the Regulations will be in force before the end of 2005. Letter of Formal Notice |
Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees | 08/10/2004 | Draft Regulations are being finalised and it is intended to send them to the Office of Parliamentary Counsel shortly, the expected date of transposition is 31 December 2005 Reasoned Opinion |
Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community | 23/03/2005 | The Bill was published on 19 July 2005, and it is hoped to have it enacted by end 2005. Letter of Formal Notice |
Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) | 06/07/2005 | It is expected that the Regulations will be in force before the end of 2005. Letter of Formal Notice |
Infringement notices received since 2001 for the following directives which are now transposed. | |||
Description of Directive | Deadline for Transposition into Irish Law | Date Transposed | Legislation |
Directive 1998/6/EC on Consumer Protection in the indication of prices of products offered to consumers | 18/03/2000 | 20/12/2002 | SI 639 of 2002 |
Directive 1998/24/EC Protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive) | 05/05/2001 | 19/12/2001 | SI 619 of 2001 |
Directive 1998/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs | 28/10/2001 | 01/07/2002 | SI 39 of 2001 |
Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment | 01/12/2000 | 04/06/2004 | SI 374 of 2004 |
Directive 1999/44/EC on certain aspects of the sale of goods and associated guarantees | 01/01/2002 | 02/01/2003 | SI 11 of 2003 |
Directive 1999/45/EC of 31st May 1999 relating to the classification, packaging and labelling of dangerous preparations. | 30/07/2002 | 19/02/2004 | SI 62 of 2004 |
Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP | 10/7/2001 | 14/07/2003 | Protection of Employees (Fixed Term Work) Act 2003 |
Directive 2000/14/EC relating to the noise emission in the environment by equipment for use outdoors | 03/07/2001 | 19/12/2001 | SI 632 of 2001 |
Directive 2000/31EC on certain legal aspects of information society services in particular electronic commerce, in the internal market | 17/02/2002 | 24/02/2003 | SI 68 of 2003 |
Directive 2000/34/EC European Communities (Organisation of Working Time)(Activities of Doctors in Training), (Workers on Board Sea-going Fishing Vessels), (Inclusion of Transport Activities) (Inclusion of Offshore Work). | 01/08/2003 | 01/01/2005 | SI 819 of 2004 |
Commission Directive 2001/2/EC of 4 January 2001 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment | 01/07/2001 | 04/06/2004 | SI 374 of 2004 |
Council Directive 2001/23/EC of 12 March 2001, relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses | 12/7/2001 | 11/04/2003 | SI 131 of 2003 |
Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society | 22/12/2002 | 19/01/2004 | SI 16 of 2004 |
Directive 2001/41/EC relating to restrictions on the marketing and use of certain dangerous substances and preparations, as regards substances classified as carcinogens, mutagens or substances toxic to reproduction | 18/07/2002 | 04/06/2003 | SI 220 of 2003 |
Commission Directive 2001/59/EC of 6 August 2001 relating to the classification, packaging and labelling of dangerous substances | 30/07/2002 | 27/03/2003 | SI 116 of 2003 |
Commission Directive 2001/60/EC of 7 August 2001 relating to the classification, packaging and labelling of dangerous preparations | 30/07/2002 | 19/02/2004 | SI 62 of 2004 |
Directive 2001/65/EC amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions | 01/01/2004 | 30/11/2004 | SI 765 of 2004 |
Council Directive 2001/90/EC of 26 October 2001 adapting to technical progress for the seventh time Annex 1 to Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (creosote) | 31/12/2002 | 04/06/2003 | SI 220 of 2003 |
Commission Directive 2001/91/EC of 29 October 2001 adapting to technical progress for the eighth time Annex 1 to Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (hexachloroethane) | 31/12/2002 | 04/06/2003 | SI 220 of 2003 |
Commission Directive 2002/50/EC of 6 June 2002 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment | 01/01/2003 | 04/06/2004 | SI 374 of 2004 |
Commission Directive 2002/62/EC of 9 July, 2002 relating to restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds) | 31/10/2002 | 04/06/2003 | SI 220 of 2003 |
Directive 2003/6/EC of 28 January 2003 on insider dealing and market manipulation (market abuse) | 12/10/2004 | 06/07/2005 | SI 342 of 2005 |
Commission Directive 2003/124/EC of 22 December 2003 implementing Directive 2003/6/EC as regards the definition and public disclosure of inside information and the definition of market manipulation | 12/10/2004 | 06/07/2005 | SI 342 of 2005 |
Commission Directive 2003/125/EC of 22 December 2003 implementing Directive 2003/6/EC as regards the fair presentation of investment recommendations and the disclosure of conflicts of interest | 12/10/2004 | 06/07/2005 | SI 342 of 2005 |
Commission Directive 2004/13/EC amending Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs | 29/01/2005 | 04/05/2005 | SI 232 of 2005 |
Commission Directive 2004/72/EC of 29 April 2004 implementing Directive 2003/6/EC as regards accepted market practices, the definition of inside information in relation to derivatives on commodities, the drawing up of lists of insiders, the notification of managers transactions and the notifications of suspicious transactions | 12/10/2004 | 06/07/2005 | SI 342 of 2005 |
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