Written answers
Tuesday, 2 February 2010
Department of Enterprise, Trade and Employment
EU Directives
12:00 pm
Róisín Shortall (Dublin North West, Labour)
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Question 147: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of EU directives for which her Department has responsibility remaining to be implemented; the directives that are overdue; the number of reasoned opinions received from the EU Commission since 2002 regarding delays or non-implementation of such directives; and if she will make a statement on the matter. [4850/10]
Joe Costello (Dublin Central, Labour)
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Question 175: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if there are EU Directives which require to be transposed into primary or secondary legislation; the list of such directives; the date they were drafted by the Commission; when she intends to transpose them into domestic law; and if she will make a statement on the matter. [4712/10]
Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 147 and 175 together.
There are currently a total of 15 EU Directives due to be transposed by my Department up to 2012. The following table provides details of the current position in relation to each Directive currently awaiting transposition within my Department, the date of adoption of each Directive, whether transposition will be by way of Primary or Secondary legislation and the current deadline for transposition. In addition full details on the state of play of all current EU Directives due for transposition are maintained on the Department's website, www.entemp.ie.
My Department has received 26 Reasoned Opinions from the European Commission relating to Directives since 2002. All but one of the outstanding issues has been settled satisfactorily. The remaining issue concerns Directive 2006/43 which is currently overdue and awaiting transposition.
The transposition of EU Directives is an ongoing priority in my Department and is reported to the Management Board on a regular basis.
DIRECTIVES as of 29 January 2010
| DIRECTIVES TO BE TRANSPOSED IN 2008 (ONE) |
| Description of Directive Date adopted Primary/Secondary Legislation Deadline for TranspositionCurrent position |
| 1. Directive 2006/43/EC on statutory audits of annual and consolidated accounts 17/05/2006Secondary 29/6/2008Section: Company Law AdministrationDrafting regulations being finalised.Expected date of transposition26 February 2010Infringement: European Court of Justice proceedings (Case C-294/09) initiated by Commission on 26 June 2009. Infringement No. 2008/0552OVERDUE |
| DIRECTIVES TO BE TRANSPOSED IN 2009 (TWO) |
| Description of Directive Date adopted Primary/Secondary Legislation Deadline for TranspositionCurrent position |
| 2.Directive 2006/123/EC on services in the internal market.12/12/2006 Secondary 28/12/2009Section:Internal Market Work on the transposition of the Directive is continuing. On 9 March 2009, the Department published, on its website, a draft Regulatory Impact Analysis on the Directive. On 4th August 2009, the Department published a Consultation Document, also on its website, on the transposition of the Directive. The deadline for the receipt of comments on the Consultation Document (which will be published on the website) was 30 September 2009. The comments received from stakeholders were published on the Department's website.Expected date of transposition end July 2010OVERDUE |
| 3. Directive 2009/3/EC on units of measurement 11/03/2009 Secondary 31/12/2009Section:NSAI Liaison Regulations being preparedExpected date of transposition February 2010OVERDUE |
| DIRECTIVES TO BE TRANSPOSED IN 2010 (FOUR) |
| Description of Directive Date adopted Primary/Secondary Legislation Deadline for TranspositionCurrent position |
| 4. Directive 2006/25/EC on the minimum Health and Safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation)05/04/2006 Secondary 27/4/2010Section: H.S.A. LiaisonDrafting request issued to AG's Office |
| 5. Directive 2009/121/EC naming a new textile Melamine 14/09/2009 Secondary 15/9/2010Section:Competition and Consumer Policy Drafting is in progress |
| 6. Directive 2009/122/EC describing the method of analysis for "Melamine"14/09/2009 Secondary 15/9/2010Section:Competition and Consumer Policy Drafting is in progress |
| 7. Directive 2009/49/EC amendment regarding certain disclosure requirements for medium-sized companies and the obligation to draw up consolidated accounts 18/06/2009 Secondary 31/12/2010Section:Company Law Drafting has not yet commenced |
| DIRECTIVES TO BE TRANSPOSED IN 2011 (Seven) |
| Description of Directive Date adopted Primary/Secondary Legislation Deadline for TranspositionCurrent position |
| 8. Directive 2009/48/EC on the safety of toys 18/06/2009 Secondary 20/01/2011Section:NSAI Liaison Drafting has not yet commenced |
| 9. Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.14/01/2009 Secondary 23/02/2011Section:Competition and Consumer Policy Draft Regulations have been forwarded to the OPC for drafting. |
| 10. Directive 2009/38/EC on a European Works Council 06/05/2009 Primary 05/06/2011Section:Industrial Relations Consultation with the Social Partners about to commence. Primary legislation will then be drafted and transposition is expected to be completed by the deadline. |
| 11. Directive 2009/127 on machinery for pesticide application 21/10/2009 Secondary 15/06/2011Section:NSAI Liaison Drafting has not yet commenced |
| 12. Directive 2009/43/EC on simplifying terms and conditions of transfers of defence-related products within the Community 06/05/2009 Primary 30/06/2011Section:Market Access Unit Drafting has not yet commenced |
| 13. Directive 2008/104/EC on temporary agency workers 19/11/2008 Primary05/12/2011Section: Employment RightsDrafting has not yet commenced |
| 14. Directive 2009/109/ECamendment on the reporting and documentation requirements in the case of mergers and divisions16/09/2009 Secondary 30/06/2011Section:Company Law Drafting has not yet commenced |
| DIRECTIVES TO BE TRANSPOSED IN 2012 (ONE) |
| Description of Directive Date Adopted Primary/Secondary Legislation Deadline for TranspositionCurrent position |
| 15. Directive 2008/46/EC amendment on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) 23/04/2008 Secondary 27/4/2012Section: H.S.A. Liaison Transposition date delayed until 2012 as original Directive (2007/30/EC) is amended by Directive 2008/46/EC to take account of possible impact on MRI scanners |
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