Written answers

Wednesday, 19 January 2011

Department of Enterprise, Trade and Innovation

EU Directives

9:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 75: To ask the Minister for Enterprise, Trade and Innovation the current position and time frame for the transposition of the services directive; and if he will make a statement on the matter. [2535/11]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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As I stated in my reply to Deputy Kathleen Lynch on 2nd December 2010 (Ref. No. 45550/10), the European Union (Provision of Services) Regulations 2010 (S.I. No. 533 of 2010) were signed into law by me on 10th November 2010. The Regulations give effect in Ireland to the Services Directive, with the exception of Article 42 of the Directive, which was transposed by the European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 (S.I. No. 555 of 2010), which I signed into law on 23rd November 2010.

The second set of Regulations also transpose Directive 2009/22/EC on injunctions for the protections of consumers' interests (codified version) and revoke the European Communities (Protection of Consumers Collective Interests) Regulations 2001 (S.I. No. 449 of 2001), which transposed the original Injunctions Directive. The Injunctions Directive ensures that consumers' rights, as set out in a number of other consumer Directives, can be protected by providing a means by which Member States can bring an action to stop any breaches of consumer rights under the Directives in question.

The decision to transpose Article 42 of the Services Directive in the European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 was taken for reasons of legal clarity. Article 42 adds the Services Directive to the list of Directives that are covered by the Injunctions Directive.

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