Written answers

Tuesday, 7 February 2006

Department of Enterprise, Trade and Employment

EU Directives

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 141: To ask the Minister for Enterprise, Trade and Employment the number of EU directives remaining to be implemented for which his Department has responsibility; the directives that are overdue; the number of warnings received from the EU Commission since 1997 regarding delays or non-implementation of such directives; and if he will make a statement on the matter. [4080/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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There are currently a total of 26 directives due to be transposed by this Department. Of these, ten are overdue for transposition and are detailed as follows. Eight directives require to be transposed before the end of 2006 and a further eight in 2007 and subsequent years.

It is not possible to provide definitive information on infringement proceedings prior to 2001. However, since 2001, my Department has received 26 notifications — additional to the five extant notifications in the following table — from the Commission in respect of the non-transposition of EU directives. All the directives covered by the 26 notifications have been transposed and the infringement proceedings have been satisfactorily resolved.

My Department continues to accord a high priority to the transposition of directives and makes every effort to transpose directives in time to meet the deadline given for transposition.

Current Infringement Cases
Description of Directive Deadline for Transposition into Irish Law Current position
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 Drafting of Regulations almost complete. Reasoned Opinion.
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. 1/1/2006 Government approval to draft Bill was obtained in July 2005 and drafting by the Parliamentary Counsel is progressing steadily. It is hoped that the Bill will be published during the first half of 2006, with the passage of all Stages in the Houses before the end of the year.
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, with a view to transposition at an early date. Reasoned Opinion.
Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community. 23/03/2005 The Employees (Provision of Information and Consultation ) Bill 2005 completed all Stages in the Seanad on 6 December 2005. It is currently awaiting Report Stage in the Dáil and it is hoped to have it enacted by end March 2006. Reasoned Opinion.
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 Drafting of Regulations almost complete. Letter of Formal Notice.
Directive 2003/105 EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances. 01/07/2005 Regulations are in the final stages of drafting Reasoned Opinion
Commission Directive 2004/111/EC of 9 December 2004 adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the member states with regard to the transport of dangerous goods by road. 01/07/2005 Draft Regulations are in the final stages of drafting.
Commission Directive 2004/112 of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road. 14/12 2005 Draft Regulations are in the final stages of drafting.
Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws. 29/12/2005 Draft Statutory Instrument being considered by the Office of the Parliamentary Counsel.
Directive 2005/88/EC of the European Parliament and of the Council of 14 December 2005 amending Directive 2000/14/EC on the approximation of the laws of the member states relating to the noise emission in the environment by equipment for use outdoors. 31/12/2005 It is expected that the directive will be transposed by end March 2006.

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