Pat Breen (Clare, Fine Gael)
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Question 356: To ask the Minister for Enterprise, Trade and Employment if a regulatory impact analysis is required for the implementation of Directive 2003/105/EC in view of the recent Government decision that regulatory impact analysis should be introduced across all Departments and offices. [34192/05]

Tony Killeen (Clare, Fianna Fail)
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Proposed draft regulations entitled European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2005, to transpose Directive 2003/105/EC, are with the Attorney General's office for legal settlement. The new regulations will transpose, for the first time, Directive 2003/105/EC on the control of major accident hazards involving dangerous substances which amends Directive 96/82/EC.

The regulations will revoke and replace the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000), and the European Communities (Control of Major Accident Hazards Involving Dangerous Substances)(Amendment) Regulations 2003 (S.I. No. 402 of 2003).

It is mandatory to transpose all EU directives into national law. The issue is not negotiable and therefore a regulatory impact analysis cannot be completed after the fact. The work leading up to the adoption of an EU directive involves a very long consultation and negotiation period. The rationale for the proposed directive is set out, there is consultation at EU and national levels and the final product reflects the views of member states, including the parliaments of the member states, the European Parliament and the Council of Ministers. For the future, regulatory impact assessments will be conducted on all significant draft EU directives before they are agreed.