Written answers

Wednesday, 3 February 2021

Department of Justice and Equality

EU Directives

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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577. 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 she will make a statement on the matter. [5504/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I wish to advise the Deputy that the EU directives not yet transposed into law, the deadline imposed by the EU for the transposition of same and the estimated date for transposition into law are in tabular form as follows.

Name of Transposition EU Deadline Estimated date for transposition
Control of acquisition and possession of  weapons - Directive (EU) 2017/853 of 17 May 2017- Articles 4.3 and Article 4.4 14 December 2019 2021
Marking of firearms – Commission  Implementing Directive (EU) 2019/68 of 16 January 2019 17 January 2020 Summer 2021
Alarm and signal weapons

Commission Implementing -  Directive (EU) 2019/69 of 16 January 2019
17 January 2020 Summer 2021
Mutual Recognition of Custodial Sentences-

Council Framework Decision 2008/909/JHA of 27 November 2008
5 December 2011 Currently drafting, most likely publication in Q1 2021.
Counterfeiting-

Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014
23 May 2016 The Criminal Justice (Counterfeiting) Bill was published on 18 December 2020 and is awaiting second stage in the Dáil.
PIF – Protection of EU Financial Interests-

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017
06 July 2019 The Criminal Justice (Theft and Fraud Offences) (Amendment) Bill 2020 was introduced in the Seanad and completed all stages on 26 November 2020. Dáil Second Stage started on 27 January 2021 and is continuing 3-4 February 2021.
Fifth AML Directive-

Directive (EU) 2018/843
10 January 2020 The Criminal Justice (Money Laundering and Terrorist Financing) Bill 2020 was published in September 2020 and completed Dáil passage on 17 December 2020. Seanad Second Stage was completed on 1 February 2021 and scheduled for Committee Stage 8 February 2021.
Mutual Recognition of Supervision Measures-

Council Framework Decision 2009/829/JHA of 23 October 2009
1 December 2012 The Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill 2019 will fully transpose the Framework Decision. 



The Bill was signed on 25 November. Commencement order signed 21 January, coming into effect 5 February.
Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) 17 July 2021 (except for Article 28) with possibility to extend to 17 July 2022 where Member States encounter particular difficulty in implementing the Directive provided the European Commission is notified by 17 January 2021 of the intention to avail of the extension.



Ireland notified the Commission of the intention to  avail of the extension on 23 December 2020. Deadline for transposition of Article 28(a)-(c) – 17 July 2024; Article 28(d) – 17 July 2026.
The personal insolvency and bankruptcy aspects of the Directive will be given effect in the Personal Insolvency (Amendment) (No 2) Bill.

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