Written answers

Tuesday, 16 May 2006

Department of Justice, Equality and Law Reform

EU Directives

9:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 453: To ask the Minister for Justice, Equality and Law Reform the European Directives that have to be implemented by his Department; when these directives were first issued; the timeframe for their implementation; and if he will make a statement on the matter. [18459/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The information requested by the Deputy is as follows:

EU Measure Date of Measure Transposition Deadline Current position
1 Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data 29/04/2004 05/09/2006 The position in relation to the Directives listed 1-4 is that the Immigration and Residence bill will, in the main, provide the legislative vehicle for implementing the provisions of these Directives. Drafting of this Bill is at an advanced stage
2 Council Directive 2004/83/CE of 29 April 2004, on the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted 29/04/2004 10/10/2006
3 Council Directive 2005/71/EC of 12 October 2005 relating to the specific admission procedure for third-country nationals for the purpose of scientific research 12/10/2005 12/10/2007
4 Council Directive 2005/85/EC of 1 December 2005, relating to the minimum standards concerning the procedure for granting and withdrawal of refugee status in the Member States 01/12/2005 1/12/2007 1/12/2008 (Article 15)
5 Directive 2005/60/EC of the European Parliament and the Council of 26 October 2005 on the prevention of the use of financial systems for the purpose of money laundering and terrorist financing 26/10/2005 15/12/2007 The Minister for Finance has the overall responsibility for the implementation of the Directive. However, a number of amendments to Criminal Law will also arise for which my Department is responsible. Arrangements for the assessment of the legislative changes required are already in train with a view to meeting the transposition deadline.
8 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services 13/12/2004 21/12/2007 I have established a Working Group to consider the application of an exemption for certain insurance products from the scope of the Directive. The Working Group is expected to report to me by end Summer 2006.
9 Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence 28/11/2002 05/12/2004 The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The legislative changes required to transpose this Directive will be brought forward by means of the Criminal Justice (Miscellaneous Provisions) Bill which is expected to be published this year.
10 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals 28/05/2001 No longer relevant The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. Due to difficulties among Member States in implementing this Directive, the instrument is due to be repealed by the draft Council Directive on common standards on procedures in Member States for returning illegally staying third country nationals. Discussions on this instrument are ongoing at Council working group level
11 Directive 2006/24/EC of 15 March 2006 of the European Parliament and Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC. 15/3/2006 17/9/2007 Ireland intends to challenge the legal base of this Directive before the European Court of Justice.

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