Written answers
Thursday, 23 March 2006
Department of Enterprise, Trade and Employment
EU Directives
5:00 pm
Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 37: To ask the Minister for Enterprise, Trade and Employment, in respect of EU directives for which his Department has responsibility, the number remaining to be implemented; 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. [11274/06]
Micheál Martin (Cork South Central, Fianna Fail)
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There is currently a total of 29 directives due to be transposed by this Department. Of these, as at end March 2006, ten are overdue for transposition and are detailed in the table.
| Description of Directive | Deadline for Transposition | Current position |
| Directive 2001/45/EC amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work | 19/7/2004 | Drafting of regulations almost complete. Will be part of general application regulations. Expected date of transposition 30 June 2006. Reasoned opinion issued by Commission |
| Directive 2001/84/EC. of 27 September 2001 on the resale right for the benefit of the author of an original work of art (deadline 1/1/2006) | 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 | 8/10/2004 | Draft regulations are being finalised and it is intended to send them to the Office of the Parliamentary Counsel shortly, with a view to transposition at an early date. Reasoned opinion issued by Commission |
| Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community | 23/3/2005 | 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 or early April 2006. Reasoned opinion issued by Commission |
| Directive 2002/44/EC of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) | 6/7/2005 | Drafting of regulations almost complete. Will be part of general application regulations Letter of formal notice issued by Commission |
| 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 | 1/7/2005 | 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 Letter of formal notice issued by Commission |
| Regulation (EC) No 2006/2004 of 27 October 2004 on co-operation 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 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/early April 2006. |
| Directive 2003/10 EC, to lay down requirements on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) | 15/2/2006 | Health and Safety Authority is drafting regulations. Plan to go to public consultation by end March 2006. Expected date of transposition 30 June 2006. |
From April 2006 to December 2006 another nine directives require to be transposed. A further ten directives require to be transposed in 2007 and subsequent years.
It is not possible to provide definitive information on proceedings relating to the delay or non-implementation of directives prior to 2001. However, since 2001, my Department has received 26 notifications — additional to the five extant notifications in the table — from the Commission in respect of the non-transposition of EU directives. All of the directives covered by the previous 26 notifications have now been transposed. 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.
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