Written answers

Tuesday, 26 June 2007

10:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 363: To ask the Minister for Transport and the Marine the EU directives within his Department's competency which have not been fully transposed into law; the articles that await transposition for those partially transposed; the date by which the whole directive was meant to have been transposed in each case; and if he will make a statement on the matter. [17573/07]

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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The information requested by the Deputy is contained in the following tables.

Table I
Directives awaiting full Transposition
No.TitleDeadline for transpositionComments
1Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of Transport Policy, by reason of accession of Bulgaria and Romania.1 January 2007Under consideration to establish if Ireland needs to take any action with regards to this Directive.
2Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.1 January 2007A number of amending regulations are required to be made to fully transpose this Directive into Irish Law in relation to motor vehicle type-approval directives. The amendments are technical amendments consequent on the accession of Bulgaria and Romania, namely, adding these names to the list of other Member States' names. The first amendment was submitted recently by the RSA to the Department of Transport.
3Directive 2003/59/EC of the European Parliament and of the Council of 15th July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC10 Sept 2006Since the 1st of September 2006 the RSA has commenced a process for the introduction of this Directive. To have implemented the Directive by the 10th of September 2006 would have precluded a thorough consultation process with the necessary stakeholders, or allowed for their feedback to be considered.In this regard, as part of a 6 week consultation process, a consultation document will be available to all stakeholders by early July 2007 before enabling legislation later in the year.
4.Directive 2006/22/EC of the European Parliament and of the Council of 15th March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No. 3821/85 concerning social legislation relating to road transport activities and repealing Council11 April 2007Office of Parliamentary Counsel finalising a draft text of SI to give effect to the directive.
5Commission Directive 2006/119/EC of 27 November 2006 amending for the purposes of adapting to technical progress Directive 2001/56/EC of the European Parliament and of the Council concerning heating systems for motor vehicles and their trailers.30 September 2007
6Commission Directive 2006/120/EC of 27 November 2006 correcting and amending Directive 2005/30/EC amending, for the purposes of their adaptation to technical progress Directives 97/24//EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles.30 September 2007
7Directive 2006/40/EC of the European Parliament and of the Council of 17th May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC.4 January 2008
8Commission Directive 2007/15/EC of 14 March 2007 amending, for the purposes of its adaptation to technical progress, Annex 1 to Council Directive 74/483/EEC relating to the external projections of motor vehicles.4 April 2008
9Commission Directive 2007/34/EC of 14 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 70/157/EEC concerning the permissible sound level and the exhaust system of motor vehicles.5 July 2007
10Commission Directive 2007/35/EC of 18 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 760/756/EEC concerning the installation of lighting & light-signalling devices on motor vehicles and their trailers.9 July 2007
11Commission Directive 2007/37/EC of 21 June 2007 amending, Annex 1 & 111 to Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to type-approval of motor vehicles and their trailers.4 January 2008
12Directive 2004/36/EC of 21 April 2004 on the safety of third-country aircraft using Community airports.30 April 2006Drafting of an S.I. to implement this Directive is at an advanced stage.
13Directive 2006/23/EC of the European Parliament and of the Council of 5th April 2006 on a Community air traffic control licence.17 May 2008
14Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures.10 June 2008Preparations have commenced.
Table II
Motor Vehicles Type-Approval Directives substantially transposed but where some provisions re sale or use of Component Parts are still to be transposed.
No.DirectiveDeadline for TranspositionComments
1Directive 70/220/EEC as amended by Directive 98/77/EC relating to measures to be taken against air pollution by emissions from motor vehicles.1st October 1999Draft regulations to provide for the transposition of the outstanding matters are with the Office of the Parliamentary Counsel (OPC) for settling.
2Directive 70/221/EEC as amended by Directive 2006/20/EC relating to fuel tanks and rear underrun protection of motor vehicles and their trailers.11 March 2010
3Directive 71/320/EEC as amended by Directive 98/12/EC relating to the braking devices of certain categories of motor vehicles and their trailers31st March 2001
4Directive 72/245/EEC as amended by Directive 2004/104/EC relating to the radio interference (electromagnetic compatibility) of vehicles31 December 2005
5Directive 74/61/EEC as amended by Directive 95/56/EC relating to devices to prevent the unauthorized use of motor vehicles1st October 1998
6Directive 74/408/EC as amended by Directive 96/37/EC relating to the interior fittings of motor vehicles (strength of seats and of their anchorages)1st October 1999
7Directive 76/757/EEC as amended by Directive 97/29/EC relating to retro-reflectors for motor vehicles and their trailers1st October 1999
8Directive 76/758/EEC as amended by Directive 97/30/EC relating to the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and their trailers1st October 1999
9Directive 76/759/EEC as amended by Directive 1999/15/EC relating to direction indicator lamps for motor vehicles and their trailers1st April 2001
10Directive 76/760/EEC as amended by Directive 97/31/EC relating to the rear registration plate lamps for motor vehicles and their trailers1st October 1999
11Directive 76/761 as amended by Directive 1999/17/EC relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps1st October 1999Draft regulations to provide for the transposition of the outstanding matters are with the Office of the Parliamentary Counsel (OPC).
12Directive 76/762 as amended by Directive 1999/18/EC relating to front fog lamps for motor vehicles and filament lamps for such lamps1st April 2001
13Directive 77/538/EEC as amended by Directive 1999/14/EC relating to rear fog lamps for motor vehicles and their trailers1st April 2001
14Directive 77/539/EEC as amended by Directive 97/32/EC relating to reversing lamps for motor vehicles and their trailers1st October 1999
15Directive 77/540/EEC as amended by 1999/16/EC relating to parking lamps for motor vehicles1st April 2001
16Directive 77/541/EEC as amended by Directive 96/36/EC relating to safety belts and restraint systems of motor vehicles1st October 1999
17Directive 88/77/EC amended by Directive 2001/27/EC relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles1st October 2001
18Directive 92/22/EEC amended by Directive 2001/92/EC relating to safety glazing and glazing materials on motor vehicles and their trailers1st July 2003
19Directive 92/23/EEC as amended by Directive 2001/43/EC relating to tyres for motor vehicles and their trailers and to their fitting4 August 2002
20Directive 2001/56/EC relating to heating systems for motor vehicles and their trailers9 May 2005
21Directive 2003/97/EC relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices24 January 2005
22Directive 2005/55/EC as amended by Commission Directives 2005/78/EC 2006/51/EC relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles *(See also under Appendix III)1st October 2006
23Directive 2005/66/EC relating to the use of frontal protection systems on motor vehicles *(See also under Appendix III)25 August 2006
24Council Decision of 13 March 2006 amending Decisions 2001/507/EC and 2001/509/EC with a view to making United Nations Economic Commission for Europe (UN/ECE) Regulation Nos. 109 and 108 on retreaded tyres compulsory.13 September 2006Draft Regulations have been prepared for settling by Office of the Parliamentary Counsel.
25Council Directive 93/14/EC relating to the braking of two or three-wheel motor vehicles9 May 2003Draft regulations being prepared.
26Council Directive 93/30/EEC on audible warning devices for two or three — wheel motor vehicles9 May 2003
27Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel vehicles, as amended by directive 2003/77/EC9 May 2003
28Directive 2000/7/EC of the European Parliament and of the Council on speedometers for two or three-wheel motor vehicles9 May 2003
Table III
Motor Vehicles Type_Approval Directives substantially transposed but for which partial transposition is or will be required (other than in relation to component parts as set out in Appendix II)
No.DirectiveProvision to be TransposedComments
1Directive 2005/49/EC of 25 July 2005 amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.Prohibit, wef 1 July 2013, the registration, sale or entry into service of vehicles (other than cars) equipped with 24 GHZ — short-wave radar equipment.Draft instrument submitted recently to the Department by RSA.
2Directive 2005/66/EC relating to the use of frontal protection systems on motor vehicles *(See also under Appendix II)Transpose directive so as to apply also to small vans. Overdue since 25 August 2006Ditto
3.Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 as amended by Commission Directives 2005/78/EC & 2006/51/EC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles.Transpose wef 1 October 2007, for Nox monitoring & torque limitation requirements for entry into service of HGVs.Ditto
4.Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC.Will require to be transposed in relation to small vans in due course when EC Whole Vehicle Type Approval becomes mandatory for such vehicles. Measures not operable until 2010.This depends on adoption of proposed revised framework type-approval directive by EU.

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