Written answers

Tuesday, 10 November 2009

Department of Justice, Equality and Law Reform

EU Directives

9:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 116: To ask the Minister for Justice, Equality and Law Reform the number of EU directives for which he has responsibility that remain to be implemented; the directives that are overdue; and if he will make a statement on the matter. [40153/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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My Department has responsibility for seven EU Directives which have to be implemented. There are four Directives which are currently overdue as follows:

Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status.

The minimum standards on procedures required by this Directive are operated by the State in its national provisions and procedures, and therefore, the State is substantially in compliance with the Directive in law and practice. The Immigration, Residence and Protection Bill 2008, which is currently before the Oireachtas, includes provisions to revise the law on refugee and other protection procedures and this revision will be in compliance with the terms of the Directive.

Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.

Part of this Directive is covered by Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. The remainder of it is to be transposed by the Communications (Retention of Data) Bill 2009 which was published on 9 July 2009 and is currently before Dáil Éireann.

Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing; and

Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis.

The Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009, which will transpose both of these Directives, was published on 28 July, 2009 and is currently before Dáil Éireann.

There are three Directives which remain to be implemented. They are not overdue. They are:

Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons;

Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles;

Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

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