Written answers
Tuesday, 4 April 2006
Department of Enterprise, Trade and Employment
EU Directives
9:00 pm
Arthur Morgan (Louth, Sinn Fein)
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Question 304: To ask the Minister for Enterprise, Trade and Employment the details regarding EU directives in respect of employment law which are awaiting transposition by the State. [12909/06]
Arthur Morgan (Louth, Sinn Fein)
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Question 305: To ask the Minister for Enterprise, Trade and Employment the details of all infraction proceedings in respect of EU employment law which the State is currently involved in. [12910/06]
Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 304 and 305 together.
There are currently 16 EU directives relating to employment law and occupational health and safety due to be transposed into Irish law by this Department. Of these 16 directives, seven are overdue for transposition.
The details of these directives, their current position, including any enforcement proceedings being taken by the European Commission, and their expected date of transposition, are set out in the following table.
I wish to add for the Deputy's information that this information is available on the Department's website www.entemp.ie and is updated on a regular basis.
| Directive No. and Subject | Deadline for Transposition into Irish Law | Current Position (including details of any enforcement proceedings by Commission) | Expected date of transposition |
| 2001/45 EC To lay down certain conditions re the minimum safety and health requirements for use of work equipment | 19/07/2004 | With Office of Parliamentary Counsel for legal settlement. European Court of Justice proceedings instituted. Ireland has submitted a defence as requested by the Office of the Attorney General. | 30/06/2006 |
| 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees | 08/10/2004 | A consultation process is ongoing. Draft regulations are in preparation and it is expected to forward these to the Office of Parliamentary Counsel shortly. Warning Letter dated 13 December 2004 and Reasoned Opinion dated 12 October 2005. | End July 2006 |
| 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, which transposes the Directive, passed all stages in the Oireachtas on 29 March 2006; it is expected to be signed by the President shortly. Warning Letter dated 27 May 2005 and Reasoned Opinion dated 13 December 2005 from the Commission re: legal proceedings. | Early April 2006 |
| 2002/44 EC To protect workers from the risks arising from physical agents/vibrations | 06/07/2005 | Will be part of General Application Regulations being drafted by the Health and Safety Authority. Letter of Formal Notice regarding the Directive being overdue received from the Commission | 30/06/2006 |
| 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) | 15/02/2006 | Health & Safety Authority is drafting regulations. Plan to go to public consultation in early April 2006. | 30/06/2006 |
| 2003/18/ EC amending council directive 83/477EC on the protection of workers from the risks related to exposure to asbestos at work. | 15/04/2006 | Health & Safety Authority is preparing draft Regulations | 15/04/2006 |
| Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees | 18/08/2006 | A consultation process is ongoing. Draft regulations are in preparation and it is expected to forward these to the Office of Parliamentary Counsel shortly for legal settlement | 18/08/2006 |
| 2004/40/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Articles 16 (1) of Directive 89/391/EEC) | 29/04/2008 | Drafting has not yet commenced. | 29/04/2008 |
| 2004/111/EC 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 by the Health and Safety Authority | 28/04/2006 |
| Directive No. and Subject | Deadline for Transposition into Irish Law | Current Position (including details of any enforcement proceedings by Commission) | Expected date of transposition |
| 2004/112 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 by the Health and Safety Authority Letter of Formal Notice regarding the Directive being overdue received from the Commission | 28/04/2006 |
| 2005/59/EC amending for the 28th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (Toluene and Trichlorobenzene) | 15/12/2006 | Health & Safety Authority to prepare draft Regulations | 15/12/2006 |
| Directive 2005/69/EC amending for the 27th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (polycyclic aromatic hydrocarbons in extender oils and tyres) | 29/12/2006 | Health & Safety Authority to prepare draft Regulations | 29/12/2006 |
| Directive 2005/84/EC amending for the 22nd time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (phthalates in toys and childcare articles) | 16/07/2006 | Health and Safety Authority to prepare draft regulations | 16/07/2006 |
| Directive 2005/90/EC of the European Parliament and of the Council of 18 January 2006 amending for the 29th time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogenic, mutagenic or toxic to reproduction — c/m/r) | 24/02/2007 | Health & Safety Authority to prepare draft Regulations | 24/02/2007 |
| 2006/8/EC amending for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations. | 01/03/2007 | Health & Safety Authority to prepare draft Regulations | 01/03/2007 |
| 2006/15/EC establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC | 08/08/2007 | Health and Safety Authority to prepare draft Regulations | 08/08/2007 |
Ruairi Quinn (Dublin South East, Labour)
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Question 306: To ask the Minister for Enterprise, Trade and Employment if he will confirm that EU Directive 2003/18/EC will be implemented before 14 April 2006; if the directive will not be implemented by 14 April 2006 the reason Ireland will not meet its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [12953/06]
Tony Killeen (Clare, Fianna Fail)
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EU Directive 2003/18/EC amends the existing Council Directive 83/477/EEC as amended on the protection of workers from the risks related to exposure to asbestos at work. The existing directive as amended is fully implemented and enforced in Ireland. So, too, is the directive concerning the marketing and use of asbestos, which means that there is a ban on the marketing and use of asbestos in general. The existing directives provide for some derogations for specific uses for a specific period of time. EU Directive 2003/18/EC aims to regulate the activities around those derogations in setting stricter rules protecting workers who carry out those activities.
EU Directive 2003/18/EC provides that member states should comply with the directive by 15 April 2006. I am advised that legislative proposals are currently being drafted by the Health and Safety Authority. I have yet to receive these legislative proposals, so the directive will not be implemented in Ireland by 15 April 2006.
I am advised that the Health and Safety Authority has been working with other member states and the EU Commission in drawing up new guidelines for enforcement and implementation of EU Directive 2003/18/EC. I expect that this preparation should have a positive effect on the enforcement of the regulatory measures to be put in place in Ireland.
Ruairi Quinn (Dublin South East, Labour)
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Question 307: To ask the Minister for Enterprise, Trade and Employment if he will confirm that EU Directive 2004/22/EC will be implemented before 29 April 2006; if the directive will not be implemented by 29 April 2006 the reason Ireland will not meet its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [12954/06]
Micheál Martin (Cork South Central, Fianna Fail)
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Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments is due to be transposed by the 30 April 2006. The provisions of the directive will become operational on 30 October 2006, and I expect that this directive will be transposed into national legislation by that date.
Ruairi Quinn (Dublin South East, Labour)
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Question 308: To ask the Minister for Enterprise, Trade and Employment if he will confirm that EU Directive 2004/48/EC will be implemented before 30 April 2006; if the directive will not be implemented by 30 April 2006 the reason Ireland will not meet its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [12955/06]
Michael Ahern (Cork East, Fianna Fail)
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Most of the specific measures required to implement Directive 2004/48/EC on the enforcement of intellectual property rights already exist in Irish law but a small number require primary legislation. The proposed Intellectual Property (Miscellaneous Provisions) Bill, which is intended to transpose several EU directives, will include the further provisions needed to complete legal transposition in this case. My Department is working actively with Parliamentary Counsel on drafting that Bill with a view to its publication in the coming months and consideration by the Oireachtas before the end of 2006.
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