Written answers
Wednesday, 21 June 2006
Department of Enterprise, Trade and Employment
EU Directives
9:00 pm
Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context
Question 108: To ask the Minister for Enterprise, Trade and Employment the status of all outstanding EU directives due to be transposed in whole or in part by his Department; if he will list those directives for which his Department has received one or more warnings from the EU in relation to non-transposition or incorrect transposition; the timetable for implementation of all outstanding directives; and if he will make a statement on the matter. [23492/06]
Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context
There are currently a total of twenty-seven Directives to be transposed by this Department. Of these, 16 remain to be transposed up to the end of 2006, details of which are given in the Table below. Another 11 Directives require to be transposed in 2007 and subsequent years.
Regulations to implement Directive 2001/84 (Resale right for the benefit of the author of an original work of art) were signed on 13 June 2006. Formal notification of the transposition of this Directive will be made to the Commission following advertisement in Iris Oifigiúil. Draft Regulations in respect of two further Directives (2004/111 and 2004/112) are awaiting clearance in the Office of Parliamentary Counsel. A Commencement Order which will give effect to Directive 2002/14 is also being prepared by the Office of Parliamentary Counsel and it is expected that this will be finalised at an early date.
Of the 16 Directives due to be transposed by the end of 2006, 11 are overdue for transposition. It is anticipated that by the end June 2006, 5 of the Directives currently overdue will have been transposed while another 4 overdue Directives are expected to be transposed by end July 2006. The Department has received three Reasoned Opinions and six Letters of Formal Notice from the Commission in relation to overdue Directives.
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 nine extant notifications in the Table below) 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 20th June 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 at the Office of the Parliamentary Counsel. Court proceedings have been instituted by the ECJ and Ireland has lodged a defence. ECJ deadline for rejoinder is 26 June 2006. |
| 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. |
| 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. |
| 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. Substantial drafts of Regulations under The Carriage of Dangerous Goods by Road Act 1998 were received on 11th May. Accompanying draft Regulations under the 1972 European Communities Act are awaiting clearance in the OPC. These are expected to be finalised shortly. |
| 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 completed in the Health and Safety Authority. These will be finalised by Counsel hired by HSA. |
| 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 | Commission Directives 2004/111/EC and 2004/112/EC are linked. Substantial drafts of Regulations under The Carriage of Dangerous Goods by Road Act 1998 were received on 11th May. Accompanying draft Regulations under the 1972 European Communities Act are awaiting clearance in the OPC. These are expected to be finalised shortly. |
| 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 | Regulations (SI 312/2006) signed on 13 June 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 | Public consultation process completed and the Health and Safety Authority are finalising Regulations which are being drafted (legal settlement) by Counsel hired by the HSA. |
| Directive 2003/18 EC on the protection of workers from the risks related to exposure to asbestos at work | 15/4/2006 | Regulations being drafted (legal settlement being outsourced), in agreement with OPC. |
| Directive 2004/48 EC on the Enforcement of Intellectual Property Rights | 26/4/2006 | Office of Parliamentary Counsel currently drafting Bill to give effect to the Directive. |
| 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 the operational date of October 2006. |
| Directives due for Transposition June 2006-December 2006 | ||
| Description of Directive | Deadline for Transposition | Current position |
| Directive 2005/84 amending Directive 76/769/EEC . . . relating to restrictions on the marketing and use of certain dangerous substances and preparations | 16/7/2006 | Four separate amendments of Directive 76/769 have been drafted into one set of Regulations which are currently the subject of public consultation. Legal settlement being outsourced, in agreement with OPC. |
| Directive 2003/72 EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees | 18/8/2006 | The EU Council of Ministers adopted the Regulation and Directive on the European Cooperative Society on 22 July 2003. Consultation regarding the options in the Regulation has been concluded. Draft Regulations are being finalised in tandem with the Company Statute regulations and it is intened to send them to the OPC shortly. |
| Directive 2005/59 EC amending for the 28th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (Toluene and Trichlorobenzene) | 26/10/2006 | See 2005/84 above. |
| Directive 2003/58 EC of 15 July 2003 amending Council Directive 68/151/EEC {First Company Law Directive}, as regards the disclosure requirements in respect of certain types of companies | 31/12/2006 | Company Law Administration Section is in consultation with the Companies Registry Office in regard to implementation and it is expected that the deadline of 31st December 2006 will be met. |
| Directive 2005/69/EC of the European Parliament and of the Council of 16 November 2006 amending for the 27th time | 29/12/2006 | See 2005/84. |
| 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) | Transposition expected by deadline date of 29 December 2006. |
No comments