Joe Costello (Dublin Central, Labour)
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Question 39: To ask the Minister for Finance the number of EU measures which have been transposed into primary or secondary legislation by his Department in the past 12 months; if he will list each measure; and if he will make a statement on the matter. [34635/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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During the past year, three EU Directives and one EU Regulation have been transposed into Irish law by my Department.

Joe Costello (Dublin Central, Labour)
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Question 40: To ask the Minister for Finance if there are EU measures in his Department which require to be transposed into Irish primary or secondary legislation; if so if he will detail those measures; when they were drafted by the EU Commission; when he will transpose them; and if he will make a statement on the matter. [34650/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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There are seven EU Directives and one Regulation awaiting transposition into Irish law by my Department at the current time.

Directive 2007/74/EC, which was signed on 20th December 2007, replaces earlier provisions (Directive 69/169/EEC), adapting it to the enlarged EU whilst restructuring it and simplifying certain provisions. Current tax exemptions for VAT and excise duties applied to goods being brought into the EU by persons travelling from third countries will be amended. In addition there will be new limits on the quantities of tobacco products and alcohol that can be imported. This Directive will be transposed by way of Statutory Instrument, and I expect it to be transposed by the due transposition date of 1st December 2008.

Directive 2007/44/EC establishes a harmonised legal framework setting out the entire procedure to be applied by competent authorities when assessing acquisitions on prudential grounds in the EU/European Economic Area (EEA). This Directive will apply to the acquisitions of credit institutions, insurance undertakings, assurance undertakings, reinsurance undertakings, investment firms, and Undertakings for Collective Investments in Transferable Securities (UCITS) management companies. It was formally adopted on 5 September 2007 and is due for transposition on 20th March 2009. This Directive will be transposed by Statutory Instrument, and I expect that it will be transposed by the due date.

Directive 2007/64 (Payment Services Directive) establishes a harmonised legal framework for payments services in the EU/EEA. This Directive was formally adopted on 13th November 2007, and is due for transposition on 1st November 2009. This Directive will be transposed by Statutory Instrument, and I expect that it will be transposed by mid-2009.

Directive 2008/55/EC codifies Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures. This Directive was formally adopted on 26th May 2008, and was due for transposition on 30th June 2008. It will be transposed by Statutory Instrument and is currently at legal drafting stage. I anticipate that this Directive will be transposed in early 2009.

Directive 2007/66/EC aims to improve the effectiveness of review procedures concerning the award of public contracts and reflects interpretation of the existing Remedies Directives by the European Court of Justice. It strengthens the rights of bidders in challenging award decisions and introduces measures to combat contracts awarded in breach of the public procurement rules. This Directive was formally adopted on 11th December 2007, and is due for transposition on 20th December 2009. It will be transposed by Statutory Instrument, and I expect its transposition to be completed by mid-2009.

Directive 2008/8/EC, which was signed on 12th February 2008, provides a package of new VAT arrangements for cross-border business-to-business (B2B) services from 1 January 2010, and, subject to a feasibility study, from 1 January 2015 for business-to-consumer (B2C) services in respect of telecoms, broadcasting and electronic services. The new B2B and B2C arrangements are based on shifting the place of taxation for services to the Member State of the consumer. Transposition of this Directive will be made by amending primary legislation — VAT Act 1972 — through Ministerial Regulations made under the European Communities Act 1972. These Regulations will be made in the early part of 2009.

Directive 2008/9/EC, which was formally adopted on 12th February 2008, provides detailed rules for the refund of value added tax, provided for in the EU VAT Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State. The Directive shall apply to refund applications submitted after 31 December 2009. This Directive will be transposed by amending both primary and secondary legislation, the VAT Act and Revenue Commissioner's Regulations, through Ministerial Regulations made under the European Communities Act 1972. These Regulations will be made by the due transposition date of 1st January 2010.

Regulation 1082/2006 came into force on 1 August 2007 and allows for the establishment of European Groupings of Territorial Cooperation (EGTC) which, in effect, allows bodies who are set up for the specific purposes of engaging in cross border cooperation to have a legal personality and be regarded as a Small and Medium Enterprise. It will be transposed by Statutory Instrument and is currently at legal drafting stage. I anticipate that this Regulation will be transposed before the end of this year.

The Office of Public Works (OPW) is managing the transposition of Directive 2007/60/EC, which was signed on 23rd October 2007, and is due for transposition on 25th November 2009. This Directive provides a framework for the assessment and management of flood risks, aiming at the reduction of adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods in the Community. It provides for the preparation and regular review of flood hazard maps, flood risk maps and flood risk management plans. OPW officials are in discussion with officials of the Department of the Environment, Heritage and Local Government, regarding the transposition of the Directive and it has yet to be determined whether the Directive will be transposed by secondary legislation or whether primary legislation will be required.

I wish to assure the Deputy that 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.