Written answers
Wednesday, 11 December 2013
Department of Jobs, Enterprise and Innovation
EU Directives
Anthony Lawlor (Kildare North, Fine Gael)
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70. To ask the Minister for Jobs, Enterprise and Innovation the number of EU directives related to his Department that have yet to be transposed into Irish law despite the deadline date having passed; when it is proposed that these directives will be transposed; and if he will make a statement on the matter. [53355/13]
Richard 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.
Currently one Directive is 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. We understand that Ireland is one of approximately 8 Member States that have not transposed this Directive. During discussions between my Department and the Office of Parliamentary Counsel to the Government on the legal scrutiny and settlement of the draft Regulations to transpose the Directive, a number of additional legal issues were identified which has, of necessity, delayed transposition. These issues are being urgently addressed with a view to completing the process of transposition by the end of 2013. Close contact has been maintained with the European Commission throughout this process to apprise them of progress. A formal notice of Infringement has not been received to date, due to an administrative issue on behalf of the Commission.
A full list of the Directives to be transposed up to 2015 and the current position in respect of their transposition is provided in the following tables, which can also be accessed on my Department's website at .
DIRECTIVES TO BE TRANSPOSED IN 2013 (Two)
| Description of Directive | Deadline for Transposition | Current position |
|---|---|---|
| 1. /EU implementing the Framework Agreement on prevention of sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. | 11/05/2013 Section: | Overdue During discussions between the Department and the Office of Parliamentary Counsel to the Government on the legal scrutiny and settlement of the draft Regulations to transpose the Directive, a number of additional legal issues were identified which has, of necessity, delayed transposition. These issues are being urgently addressed with a view to completing the process of transposition by the end of 2013. |
| 2. on Consumer Rights. | 13/12/2013 Section: & Consumer | Regulations are due to be signed by the Minister during week commencing 9th December, 2013. |
DIRECTIVES TO BE TRANSPOSED IN 2014 (Three)
| Description of Directive | Deadline for Transposition | Current position |
|---|---|---|
| 3. on the interconnection of central, commercial and companies registers | 14/07/2014 Section: | Draft regulations are due to be submitted to the OPC during week commencing 9th December, 2013. |
| 4. on certain permitted use of orphan works | 29/10/2014 Section: | Preparation for submission to OPC commenced. |
| 5. amending the aerosol directive | 19/03/2014 Section: | Currently with the OPC. |
DIRECTIVES TO BE TRANSPOSED IN 2015 (Two)
| Description of Directive | Deadline for Transposition | Current position |
|---|---|---|
| 6. on the control of major-accident hazards involving dangerous substances | 31/05/2015, although one aspect has an earlier date of 14/2/2014 Section: | Drafting of short, technical S.I. has commenced (to transpose Article 30 – deadline for transposition 14 February 2014). A draft was sent to the OPC for legal settlement on 01 November, 2013 and a draftsperson has been assigned. The Department will be meeting the transposition deadline. |
| 7.on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings | 20/07/2015 Section: | Drafting has not yet commenced. |
DIRECTIVES TO BE TRANSPOSED IN 2016 (ONE)
| Description of Directive | Deadline for Transposition | Current position |
|---|---|---|
| 8. on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) | 01/07/2016 Section: | Drafting has not yet commenced. |
CODIFIED DIRECTIVES as at 10th December 2013
CODIFIED DIRECTIVES1 (Four)
CURRENTLY AWAITING TRANSPOSITION
| Description of Directive | Unit Responsible | Current position |
|---|---|---|
| 1. of the European Parliament and of the Council concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). | Drafting of the detailed transposing regulations continues | |
| 2. of the European Parliament and Council relating to appliances burning gaseous fuels | & Consumer | Draft with OPC. |
| 3. of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments | Draft is with the OPC. | |
| 4. on the protection of workers from risks related to exposure to biological agents at work. | Regulation Policy Unit | Ongoing liaison with OPC re finalisation of regulations. |
RECAST DIRECTIVES (Three)
CURRENTLY AWAITING TRANSPOSITION
| Description of Directive | Unit Responsible | Current position |
|---|---|---|
| 1. relating to common provisions for both measuring instruments and methods of metrological control (Recast) | Draft is with the OPC. There is no deadline for transposition of this Recast Directive. | |
| 2. of the European Parliament and Council on the Harmonisation of the laws of Member States relating to Electrical Equipment designed for use within certain voltage limits | & Consumer | Undergoing a recast. |
| 3. relating to simple pressure vessels | & Consumer | Undergoing a recast. |
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