Written answers
Tuesday, 19 July 2016
Department of Jobs, Enterprise and Innovation
EU Directives
Alan Kelly (Tipperary, Labour)
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895. To ask the Minister for Jobs, Enterprise and Innovation the total number of EU directives relating to her Department that currently require transposition into Irish law; the number of such directives for which the deadline for transposition has passed; the communications both formal and informal that she has received from the European Commission regarding the failure to transpose said directives; and if she will make a statement on the matter. [22713/16]
Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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My Department is proactive in ensuring that good performance on the transposition of Directives is consistently maintained. Within my Department, transposition is monitored through a customised intranet database which is used as a central management and information tool to track the implementation of Directives on an ongoing basis. This complements the central tracking and monitoring of transpositions carried out by the Department of the Taoiseach. Updates on transposition of Directives are also provided regularly to the Management Board of my Department.
A total of fifteen Directives require to be transposed by my Department up to the end of 2017. Nine Directives are currently overdue. The European Commission has initiated infringement proceedings in respect of seven of the overdue Directives. My Department is making every effort to transpose the overdue Directives and has advised the Commission of the position in respect of the ongoing progress being made in finalising the transposition of these Directives.
In addition, the Department is dealing with the transposition of five codified Directives that have no deadline for transposition.
A full list of the Directives to be transposed up to 2017 is set out below and is also available on the Department’s website at www.djei.ie.
DIRECTIVES as at 18 July 2016
| Directives to be transposed up to 2017 (Fifteen) | ||
|---|---|---|
| Description of Directive | Deadline for Transposition/ Unit Responsible | Current Position |
| 1. Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings | 20/07/2015 Unit: Company Law Unit | Drafting of the Companies (Accounting) Bill, which transposes Directive 2013/34/EU, is at an advanced stage. |
| 2. Directive 2014/30/EU on the harmonisation of the laws of Members States relating to Electromagnetic Compatibility (Recast) | 19/04/2016 Unit: Enterprise Development Unit | It is aimed to have the Directive transposed in Q3 2016. |
| 3. Directive 2014/31/EU on the harmonisation of the laws of Members States relating to the making available on the market of non-automatic weighing instruments | 19/04/2016 Unit: NSAI Liaison & Standards Unit | Draft Regulations with the OPC. It is aimed to have the Directive transposed in Q3 2016. |
| 4. Directive 2014/32/EU relating to the harmonisation of the laws of the Member States in relation to the making available on the market of measuring instruments (Recast) | 19/04/2016 Unit: NSAI Liaison & Standards Unit | Draft Regulations with the OPC. It is aimed to have the Directive transposed in Q3 2016. |
| 5. Commission Delegated Directive 2015/13/EU of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters | 19/04/2016 Unit: NSAI Liaison & Standards Unit | Draft Regulations with the OPC. It is aimed to have the Directive transposed in Q3 2016. |
| 6. Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast) | 19/04/2016 Unit: Safety, Health & Chemicals Policy Unit | It is aimed to have transposition achieved by September 2016. |
| 7. Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (Recast) | 19/04/2016 Unit: Safety, Health and Chemicals Policy Unit | It is aimed to have transposition achieved by September 2016. |
| 8. Directive 2014/67/EU on the posting of workers | 18/06/2016 Unit: Employment Rights Unit | It is aimed to transpose by the end July. |
| 9. Directive 2014/68/EU on the harmonisation of the laws of the Member States relation to the making available on the market of pressure equipment (Recast) | 18/07/2016 Unit: Safety, Health and Chemicals Policy Unit | It is aimed to have transposition achieved by September 2016. |
| 10. Directive 2016/970/EU of 27 May 2016 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products | 21/09/2016 Unit: Licensing Unit | It is aimed to transpose by the deadline set for transposition. |
| 11. Directive 2014/95/EU on disclosure of non-financial and diversity information by certain large undertakings and groups | 06/12/2016 Unit: Company Law Unit | Drafting of S.I. has commenced. |
| 12. Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union | 27/12/2016 Unit: Competition and Consumer Policy Unit | Drafting of S.I. has commenced. |
| 13. Directive: 2015/2115 on the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards formamide | 24/05/2017 Unit: Competition and Consumer Policy Unit | Drafting of S.I. has not yet commenced. |
| 14. Directive: 2015/2116 for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards benzisothiazolinone | 24/05/2017 Unit: Competition and Consumer Policy Unit | Drafting of S.I. has not yet commenced. |
| 15. Directive: 2015/2117 for the purpose of adopting specific limit values for chemicals in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards chloromethylisothiazolinone and methylisothiazolinone, both individually and in a ratio of 3:1 | 24/05/2017 Unit: Competition and Consumer Policy Unit | Drafting of S.I. has not yet commenced. |
CODIFIED DIRECTIVES as at 18 July 2016
| Codified Directives1 (Five) Currently Awaiting Transposition | ||
|---|---|---|
| Description of Directive | Unit Responsible | Current position |
| 1. Directive 2009/104/EC 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) | Safety, Health and Chemicals Policy Unit | Draft with OPC. |
| 2. Directive 2009/142/EC of the European Parliament and Council relating to appliances burning gaseous fuels | Competition & Consumer Unit | Draft with OPC. |
| 3. Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (Codified) | Safety, Health & Chemical Policy Unit | The Department is considering the draft final text of the Regulations. |
| 4. Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications tests on chemical substances (Codified) | Safety, Health & Chemical Policy Unit | The Department is considering the draft final text of the Regulations. |
| 5. Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Codified) | Safety, Health & Chemical Policy Unit | The Department is in consultation with the OPC on the possible transposition of this codified Directive. |
1Codification brings together previous legislation in a single new Act. There are no timelines required for the transposition of codified Directives.
Alan Kelly (Tipperary, Labour)
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896. To ask the Minister for Jobs, Enterprise and Innovation the reason the EU accounting directive (2013/34/EU) has still not been transposed into Irish law despite a deadline of 20 July 2015; when she intends to transpose the directive; and if the European Commission has raised the issue of non-transposition with Ireland. [22714/16]
Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Office of the Parliamentary Counsel has recently completed drafting of the Companies (Accounting) Bill 2016. I intend to seek Government approval to publish and initiate the Bill in the Houses of the Oireachtas shortly.
The European Commission issued a Reasoned Opinion on 16 June 2016. This Opinion is on account of Ireland's failure to notify measures for the transposal of the Accounting Directive (2013/34/EU) into national law.
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