Written answers

Tuesday, 11 June 2013

Department of Jobs, Enterprise and Innovation

EU Directives

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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365. To ask the Minister for Jobs, Enterprise and Innovation the work his Department is currently undertaking on various pieces of upcoming legislation, through a potential Bill to go through the Houses of the Oireachtas or through Statutory Instrument, to ensure Ireland is in compliance with the upcoming deadlines of Directives from the European Union; the deadline in each case; and if he will make a statement on the matter. [27477/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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My Department ensures that a high profile is given to ensuring that a good performance on the transposition of Directives is maintained. Within the Department transposition is monitored on a regular basis.

A total of 7 Directives require to be transposed by my Department up to the end of May 2015. One Directive is recently overdue since 11th May 2013, Directive 2010/32/EU on implementing the Framework agreement on prevention from sharp injuries in the hospital and health care sector. A number of issues arose late in the legal settlement process and further engagement was required on a technical matter with the Commission which meant that the transposition deadline for this Directive could not be met. It is hoped to be in a position to complete the transposition of this Directive at an early date.

A full list of the Directives to be transposed and the current position in respect of their transposition is provided in the table below. This table can also be accessed on my Department’s website at www.djei.ie

Directives to be Transposed in 2013 (Four)

Description of Directive
Deadline for
Transposition
Current position
Means of Transposition
1. /EU implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU.11/05/2013



Section:
Overdue
A number of issues arose late in the legal settlement process and further engagement with the Commission was required on a technical matter which meant that the transposition deadline for this Directive could not be met. It is hoped to be in a position to complete the transposition of this Directive at an early date.
Transposition will be by means of a Statutory Instrument.
2. 2004/40/EC (as amended by 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).31/10/2013





Section:
Drafting has not yet commenced as an alternative Directive is now being finalised which will mean that the Directive due for transposition by 31/10/2013 will now be superseded.Not applicable as will be superseded by an alternative Directive.
3. on the term of protection of copyright and certain related rights.01/11/2013

Section:
Formal drafting of a legislative instrument by the Office of the Parliamentary Counsel is in progressTransposition will be by means of a Statutory Instrument.
4. on Consumer Rights.13/12/2013

Section: & Consumer
Initial work on drafting has commenced. A Public consultation paper was placed on the Department's website on 16th May 2013.Transposition will be by means of a Statutory Instrument.

Directives to be transposed in 2014 (Two)

5. on certain permitted use of orphan works29/10/2014

Section:
Preparatory work is in hand.A decision on the manner of transposition has not yet been taken.
6. amending the aerosol directive19/03/2014

Section:
Work will commence in Quarter 3 2013.Transposition will be by means of a Statutory Instrument.

Directives to be transposed in 2015 (One)

7. on the control of major-accident hazards involving dangerous substances31/05/2015, although one aspect has an earlier date of 14/2/2014

Section:
Drafting has not yet commenced.It is intended that transposition will be by means of a Statutory Instrument

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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366. To ask the Minister for Jobs, Enterprise and Innovation if EU Directive 2010/32/EU, on the Prevention of Sharp Injuries has been transposed into law; and if not, the timeframe for transposition; and if he will make a statement on the matter. [27601/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Draft transposing Regulations to bring the "Sharps" Directive into force in Irish legislation have been prepared by my Department in conjunction with the Health & Safety Authority (HSA) and the Office of the Parliamentary Counsel (OPC). However, in considering the Draft Regulations, a number of issues arose and two issues remain outstanding. These are currently being responded to by my Department, together with the HSA, before revised text proposals can be submitted to the OPC for legal settlement. As the 11 May 2013 transposition deadline has passed, the European Commission has been notified of the position.

My Department hopes to have revised Draft Regulations available for consideration for the OPC shortly with a view to their introduction at an early date.

Notwithstanding that the "Sharps" Directive itself has yet to be transposed through national Regulations, the duties to maintain a safe and healthy workplace under the Safety Health and Welfare at Work Act 2005 and associated regulations still obtain.

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