Written answers
Wednesday, 17 May 2006
Department of Enterprise, Trade and Employment
EU Directives
9:00 pm
Dinny McGinley (Donegal South West, Fine Gael)
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Question 126: To ask the Minister for Enterprise, Trade and Employment the number of EU directives for which he has responsibility that remain to be implemented; and if he will make a statement on the matter. [17893/06]
Joe Costello (Dublin Central, Labour)
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Question 132: To ask the Minister for Enterprise, Trade and Employment the number, in respect of EU directives for which his Department has responsibility, 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. [18221/06]
Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 126 and 132 together.
There are currently a total of twenty-nine Directives due to be transposed by this Department. Of these, as at end April 2006, 13 are overdue for transposition and are detailed in the table below.
From May 2006 to December 2006 another six Directives require to be transposed. A further ten Directives require to be transposed in 2007 and subsequent years.
It is expected that of the Directives currently overdue four will be transposed by the end of May 2006. Another Directive, (2002/14/EC), that is also currently overdue has been implemented in law but is awaiting a Commencement Order to complete formal transposition.
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 six extant notifications in the table above) 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.
| Overdue Directives as at end April 2006. | ||
| 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. Draft is with Parliamentary Counsel. Expected date of transposition: End-June 2006. Reasoned Opinion issued by the Commission. |
| 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 Office of the Parliamentary Counsel shortly. Expected date of transposition: 31 July 2006. Reasoned Opinion issued by the 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 was signed by President on 9th April 2006. Expected date of transposition: Awaiting commencement Order. Reasoned Opinion issued by the 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 | Commission Directives 2004/111/EC and 2004/112/EC are linked. The Carriage of Dangerous Goods by Road Act 1998 was intended as a basis for implementing both of these Directives. Deficiencies in the 1998 Act have brought into question the legality of using this as a means of transposition of these two Directives. New draft Regulations were forwarded to the Office of the Parliamentary Counsel on 28 March 2006. The expected date of transposition: End May 2006. |
| 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. Expected date of transposition: End June 2006. Letter of Formal Notice issued by the Commission. |
| Commission Directive 2004/112/EC 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 | Commission Directives 2004/111/EC and 2004/112/EC are linked. The Carriage of Dangerous Goods by Road Act 1998 was intended as a basis for implementing both of these Directives. Deficiencies in the 1998 Act have brought into question the legality of using this as a means of transposition of these two Directives. New draft Regulations were forwarded to the Office of the Parliamentary Counsel on 28 March 2006. Expected date of transposition: End May 2006. Letter of Formal Notice issued by Commission |
| Regulation 2006/2004 EC of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws | 29/12/2005 | Final draft of SI has been cleared by the OPC. Expected date of transposition: End May 2006. |
| 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 | Office of Parliamentary Counsel received draft Regulations on 27 February 2006. Regulations signed on 3rd May 2006. |
| 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) This Directive is linked to 2004/48/EC below (infringement of IP rights). | 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 reach all stages in the Houses before the end of 2006. Letter of Formal Notice issued by the Commission. |
| 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 & Safety Authority preparing Regulations. Expected date of transposition: End-June 2006 |
| Directive 2003/18 EC on the protection of workers from the risks related to exposure to asbestos at work. | 15/4/2006 | Following public consultation draft Regulations will be finalised for submission to the Department by the Health and Safety Authority by mid-June 2006. Expected date of transposition: End July 2006. |
| Directive 2004/48 EC on the Enforcement of Intellectual Property Rights Linked to Directive 2001/84/EC above. | 26/4/2006 | Parliamentary Counsel commenced drafting of the Bill to give effect to the Directive. (See 2001/84/EC above.) |
| Directive 2004/22 EC . . . of 31 March 2004 on measuring instruments | 30/4/2006 | Draft implementing Regulations have been prepared. It is anticipated that the Directive will be transposed by operational date of October 2006. Expected date of transposition: October 2006 |
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