Written answers
Thursday, 29 March 2018
Department of Justice and Equality
EU Directives
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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209. To ask the Tánaiste and Minister for Justice and Equality the EU directives not yet transposed into law; the deadline imposed by the EU for the transposition of same; the estimated date for transposition into law; and if he will make a statement on the matter. [14792/18]
Charles Flanagan (Laois, Fine Gael)
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In respect of the Deputy’s question please see the following table which outlines the EU directives that come within the remit of my Department which have not yet been transposed into law, the estimated date for transposition into law and the EU deadline for transposition of same.
EU Directive | Estimated Date for Transposition into Law | EU Deadline for Transposition |
|---|---|---|
| Directive 2017/1371/EU of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law. | Q3 2019 | 6 July 2019 |
| Directive 2017/853/EU of 17 May 2017 amending Directive 91/477/EEC on control of the acquisition and possession of weapons. | By transposition deadline | 14 September 2018 (except for amendments to Article 4(3) and Article 4(4) of Directive 91/477/EEC which have a deadline of 14 December 2019) |
| Directive 2017/541/EU of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. | Ireland was unable to opt-in to the measure in early 2016 as negotiations were ongoing to form a new Government following the General Election.* | 8 September 2018* |
| Directive 2016/681/EU of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. | By transposition deadline | 25 May 2018 |
| Directive 2016/680/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and of the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. | By transposition deadline | 25 May 2018 |
| Directive 2015/849/EU of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC. | Q4 2018 | 26 June 2017 |
| EU Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA. | December 2018 | 23 May 2016 |
| Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. | Substantially transposed by SI 540/2017 on 28 November 2017. Some further minor amendments are likely to be required. | 4 October 2016 |
| Directive 2013/33/EU EU Reception Conditions Directive | The Oireachtas approved an opt-in by the State to the EU (recast) Reception Conditions Directive (2013/33/EU) on 23 January 2018. ** | July 2015 ** |
| Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime. | May 2018*** | 16 November 2015 |
* The Criminal Justice (Terrorist Offences) Bill is included in the Government Legislative Programme. This legislation must be in place before the EU Commission, in accordance with Protocol 21.4, can confirm Ireland's participation in the measure thus enabling transposition to take place. The September 2018 transposition date relates to those Member States bound by the Directive from its enactment.
** The July 2015 transposition date related to those Member States bound by the Directive from its enactment. From the formal date of notification of our wish to accept and be bound by the Directive, which was made on 24 January 2018, the EU Commission has a four month period to complete the compliance and assessment procedure to confirm our participation in the Directive. A Statutory Instrument is being drafted for transposition. This will require approval by both the Government and the European Commission before the Directive enters into force in the State.
*** The legislation transposing this Directive, the Criminal Justice (Victims of Crime) Act 2017, has been enacted. There are two relevant provisions still to be commenced and it is anticipated that this will happen by May 2018.
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