Written answers

Tuesday, 20 March 2007

11:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 318: To ask the Minister for Finance the number of EU directives awaiting transposition in his Department; the date by which these directives are to be, or were to be, transposed into Irish law; the number of such EU directives which are overdue for transposition; when the overdue directives will be transposed; and if he will make a statement on the matter. [10053/07]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There are eight EU Directives awaiting either transposition into Irish law, or formal notification of completion of transposition to the European Commission, by my Department at the current time.

Directive 2005/60/EC is intended to strengthen legal measures to prevent the use of the financial system for money laundering and terrorist financing. Deadline for transposition is December 2007. The Department of Finance together with the Department of Justice Equality and Law Reform has conducted an extensive consultation with interested parties. It is intended that transposition will be effected by means of a Criminal Justice Bill to amend or replace relevant provision of the Criminal Justice Act 1994.

The Reinsurance Directive (2005/68) has been partially transposed and notified to the Commission on the 30th August 2006. The deadline for full transposition is December 2007. The remaining articles will be transposed shortly.

Directive 2006/79/EC was agreed in October 2006. Following consultation with the Office of the Revenue Commissioners, it has been decided that it is appropriate to legislate in respect of this Directive and this will be done by way of a Statutory Instrument before end 2007. There is no deadline by which this Directive must be transposed.

Council Directive 2006/112/EC: Deadline for transposition is 1 January 2007. SI No. 663 of 2006 was enacted to cater for the recast of the Sixth VAT Directive. On the advice of Parliamentary Counsel, this instrument is now being revoked in favour of its inclusion in Finance Bill 2007.

Council Directive 2006/138/EC (19 Dec 06). Transposition is not required as the Directive is already provided for under Irish VAT Law. Arrangements are being made to notify the Commission formally in this regard.

Council Directive 2006/98/EC (20 Nov 06) and Commission Directive 2006/84/EC (23 Oct 06) adapt a number of taxation directives to allow for the accession of Bulgaria and Romania and as such have a deadline of 1 January 2007. The Directives, which were published in the Official Journal in late December, are being actively examined by my officials. SIs are currently being prepared to cater for those aspects that require transposition. I expect that the draft SIs will be sent to the Parliamentary Counsel's Office in the coming days.

Council Directive 2006/97/EC (20 Nov 2006): Deadline for transposition is 1 Jan 2007. This Directive adapts certain Public Procurement Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania. An investigation is ongoing to ascertain whether this directive needs to be transposed.

Directive 2006/138/EC does not need to be transposed as it is already provided for under Irish VAT law, but the European Commission must be formally notified of this. Four directives (2006/112, 2006/98, 2006/84, 2006/97) are overdue for transposition since 1st January 2007. I can assure the Deputy that strong efforts are being made to complete the transposition and formal notification to the European Commission of these overdue directives at the earliest possible date.

I am informed regularly by senior management about the up-to-date position with regard to European Directives under the responsibility of my Department awaiting transposition. In addition, my Department reports monthly to the Interdepartmental Committee on European Affairs, chaired by Minister of State Noel Treacy, on the status of outstanding directives. Every effort is being made in my Department, in conjunction with the Office of the Attorney General, to ensure that Directives are transposed on time.

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