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Dáil Éireann debate -
Tuesday, 27 Jun 2000

Vol. 522 No. 2

Written Answers. - EU Directives.

Frances Fitzgerald

Question:

85 Ms Fitzgerald asked the Tánaiste and Minister for Enterprise, Trade and Employment the EU directives, under the aegis of her Department that are outstanding and remain to be implemented in Irish law to date. [17969/00]

Details of the current position regarding directives yet to be implemented are contained in the following table.

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

Copyright and Related Rights Bill

92/100/EEC

Purpose of Directive is to, inter alia, harmonise the legal protection of rental and lending rights of authors, performers and producers in member states. The terms of this Directive will be implemented into Irish law in the context of the new Copyright and Related Rights Bill.

01.07.94

The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. Report and Final Stages taking place in the Dáil on 22 June 2000.

July 2000

Copyright and Related Rights Bill

93/83/EEC

Purpose of Directive is to, inter alia, harmonise the national rules of copyright in satellite broadcasting and cable retransmissions in member states. The terms of this Directive will be implemented into Irish law in the context of the new Copyright and Related Rights Bill.

01.01.95

The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. Report and Final Stages taking place in the Dáil on 22 June 2000.

July 2000

Carriage of Dangerous Goods By Road (Regulations) 2000

94/55/EC

Applies to the transport of dangerous goods by road within or between member states.

01.01.97

Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dir. 95/50, 96/86 and 99/47

Late 2000

Carriage of Dangerous Goods by Road (Regulations) 2000

95/50/EC

To lay down uniform procedures for checks on the transport of dangerous goods by road.

01.01.97

Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dirs. 94/55, 96/86 and 99/47

Late 2000

Carriage of Dangerous Goods By Road (Regulations) 2000

96/86/EC

ATP Council Directive 94/55/EC relating to the transport of dangerous goods by road within or between member states.

01.01.97

Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dirs. 94/55, 95/50 and 99/47

Late 2000

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

Copyright and Related Rights Bill

93/98/EEC

The purpose of this Directive is to harmonise the term of protection of copyright and certain related rights. Article 2(1) provides that the Principal Director of a cinematographic or audiovisual work shall be considered as its Author or one of its Authors. The other Articles of 93/98EEC are implemented vis-à-vis S.I. No. 158 of 1995 - European Communities (Term of Protection of Copyright) Regulations 1995. The terms of the entire Directive will be implemented in the Copyright and Related Rights Bill.

01.07.97

The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. Report and Final Stages taking place in the Dáil on 22 June 2000.

July 2000

Copyright and Related Rights Bill

92/9/EC

Purpose of Directive is to, inter alia, harmonise the protection for Databases in member states. The terms of this Directive will be implemented into Irish law in the context of the new Copyright and Related Rights Bill.

01.01.98

The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. Report and Final Stages taking place in the Dáil on 22 June 2000.

July 2000

Safety, Health and Welfare at Work (General Application) Regulations, 2000

95/63/EC

Amending directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work.

05.12.98

Draft Regulations are being examined by the Parliamentary Draftsman's office. (Reasoned Opinion recd.)

Late 2000

European Communities (control of major accident hazards involving dangerous substances) Regulations, 2000

96/82/EC

To prevent major accidents which involve dangerous substances and the limitation of their consequences for people and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner.

03.02.99

Final Draft Regulations have been examined by the Attorney General's Office and it is expected to be signed by Tánaiste within a few weeks - (Reasoned Opinion recd.)

Late 2000

Carriage of Dangerous Goods By Road (Regulations) 2000

99/47/EC

Adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of MS with regard to the transport of dangerous goods by road.

01.07.99

Draft Regulations being examined by the Parliamentary Draftsman's office. This Directive will be implemented with Dirs. 94/55, 95/50 and 96/86.

Late 2000

European Communities (Safety Advisers) Regulations, 2000

96/35/EC

Requires that undertakings involved in the transport, or the related loading or unloading, of dangerous goods by road, rail and inland waterway must appoint a safety adviser or advisers.

31.12.99

Regulations being examined by the Parliamentary Draftsman's office.

Late 2000

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

Commission Directive on Motor Vehicle Type Approval relating to the engine power of motor vehicles

1999/99/EC

To implement Regulations concerning type approval of the engine power of motor vehicles.

31/12/99

Regulations being prepared

30/06/00

Commission directive relating to measures to be taken against air pollution by emissions from motor vehicles

1999/102/EC

To implement regulations concerning type approval of measures to be taken against air pollution by emissions from motor vehicles.

31/12/99

Regulations being prepared

30/06/00

European Communities (Indication of Prices of Foodstuffs and Non Food Products) Regulations, 2000

98/6/EC

To replace and extend the existing provisions requiring an indication of the selling price and the price per unit of measurement of products in order to improve consumer information and to facilitate comparison of prices.

18.03.00

Consultations are under way and drafting has commenced.

End 2000

Commission directive relating to the permissible sound level and exhaust system of motor vehicles

1999/101/EC

To implement regulations concerning the type approval of the permissible sound level and exhaust system of motor vehicles.

31/03/2000

Regulations being prepared

30/06/2000

European Communities (Consumer Credit) Regulations Bill 2000

98/7/EC

Implement 98/7/EC, which requires offers of credit, where a rate of interest is indicated, to include a statement of the annual percentage rate of charge (APR).

01.04.00

The Regulations have been sent to the Attorney General's Office for settling.

Mid/Late 2000

European Communities (Misleading and Comparative Advertising) Regulations, 2000

97/55/EC

Amends the Misleading Advertising Directive [84/450/EEC] to bring comparative advertising within its scope

23.04.00

A reply is awaited to a letter of 7 April 2000 to the Commission requesting clarification as to whether the Directive requires transposition given that comparative advertising is not prohibited under Irish law.

Linked to current position

European Communities (Safety Advisers) Regulations, 2000

2000/18/EC

Minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway

19.05.00

The Directive will be implemented with Directive 96/35/EC of which draft Regulations are being examined by the Parliamentary Draftsman's office.

Late 2000

European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000

93/13/EEC

To give further effect to Directive 93/13/EEC to give effect to provisions of the Directive not properly transposed in the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 1995 (S.I. No. 27 of 1995)

31.05.00

Draft received from Attorney General's Office is being examined.

July 2000

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

European Communities (Protection of Consumers in Respect of Distant Contracts) Regulations 2000 or Protection of Consumers in Respect of Distant Contracts Bill 2000

97/7/EC

To protect consumers who enter into distant contracts, e.g. e. commerce, mail order, teleshopping, etc.

04.06.00

A first draft of the Regulations has been prepared and the intention is now to seek clarification from the Commission before proceeding further.

Linked with current position

European Communities (Classification, Packaging and Labelling of Dangerous Preparations) 2000

99/45/EC

Aims at the approximation of the laws, regulations and administrative provision of MS relating to classification, packaging and labelling of dangerous preparations

22.06.00

Health and Safety Authority to prepare Regulations

Late 2000

Safety, Health and Welfare at Work (Carcinogens) Regulations 2000

97/42/EC

Amending for the first time Directive 90/304/EEC on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

27.06.00

Regulations to be prepared by Health and Safety Authority

Late 2000

EC (Machinery) Regulations 1999

98/37/EC

To consolidate all the Machinery Directives into one Directive

30.06.00

with AG's Office

30/06/00

European Communities (Classification, Packaging and Labelling of Dangerous Substances) Regulations, 2000

98/98/EC

Adapting for the 25th time Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances.

01.07.00

Draft Regulations sent to P.D.'s office on 04/05/00 for examination.

Late 2000

Council directive relating to measures against emission of gaseous pollutants from motor vehicles

1999/96/EC

To implement regulations concerning type approval of measures against emission of gaseous pollutants from motor vehicles

01/07/2000

Regulations being prepared

30/06/00

European Communities (Legal Protection of Biotechnological Inventions) Regulations, 2000

98/44/EC

The Directive seeks the establishment of clear provisions to offer an equal level of protection to biotechnological inventions in all member states. It attempts to clarify existing patent law regarding what is, and what is not, patentable in respect of biotechnological inventions.

30.07.00

Initial draft sent to AGs office

July 2000

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

Commission directive adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles

2000/3/EC

To implement regulations adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraints systems of motor vehicles.

30/09/00

Regulations being prepared

30/06/00

Commission directive adapting to technical progress Council Directive 96/79/EC on the protection of occupants of motor vehicles in the event of a frontal impact

1999/98/EC

To implement regulations adapting to technical progress Council Directive 96/79/EC on the protection of occupants of motor vehicles in the event of a frontal impact.

30/09/00

Regulations being prepared

30/06/00

European Communities (Liability for Defective Products) Regulations 2000 or Liability for Defective Products Bill 2000

1999/34/EC

To extend the scope of the Liability for Defective Products Act, 1991 to include primary agricultural produce.

04.12.00

Drafting has commenced

December 2000

Commission directive amending for the fifth time directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs.

1999/91/EC

To implement regulations amending for the fifth time directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs.

31/12/00

To be drafted

30/11/00

European Communities (Injunctions for the Protection of Consumers' Interests) Regulations, 2000 or Injunctions for the Protection of Consumers' Interests Bill 2000

98/27/EC

To ensure access to the Courts of other member states by approved Irish bodies (e.g. Director of Consumer Affairs) to protect the collective interests of Irish consumers listed in a number of specified directives, including the timeshare directive, the package travel, package holidays and package tours directive and the misleading advertising directive.

31.12.00

Preparatory work is under way to clarify responsibility for the Directive

Linked to current position

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Aerosol Generators) Regulations, 2001

94/48/EC

Amending for the thirteenth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the member states relating to restrictions on the marketing and use of certain dangerous substances and preparations – aerosol generators.

01.01.01

HSA will prepare implementing Regulations following publication of required test methods, in accordance with provisions of directive.

2001

Motor Vehicles Type Approval relating to the speedometers of two or three-wheel motor vehicles.

2000/7/EC

To implement motor vehicles type approval Directive

01/01/2001

Regulations being prepared

30/06/2000

Protection of Employees (Part-Time Work) (Amendment) Bill

97/81/EC

To provide for the removal of discrimination against part-time workers, to improve the quality of part-time work and to facilitate the development of part-time work on a voluntary basis.

20.01.00

Awaiting drafting of Bill by Parliamentary Draftsman's Office

Autumn 2000

Motor Vehicles Type Approval relating to the interior fittings of motor vehicles (interior parts of the passenger compartments other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seat)

2000/04/EC

To implement Type Approval Directive on Motor Vehicles

08/04/2001

Regulations being prepared.

30/06/00

Motor Vehicles Type Approval relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers

2000/8/EC

To implement motor vehicles type approval Directive.

03/05/2001

Regulations being prepared.

30/06/00

European Communities (Protection of Workers) (Exposure to Chemical Agents) Regulations, 2001

98/24/EC

Protection of the Health and Safety of Workers from the risks related to Chemical Agents at Work (Fourteenth individual Directive within the meaning of Article 16(i) of Directive 89/3291/EEC

05.05.01

The HSA will prepare implementing Regulations.

May 2001

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

European Communities (Classification, Packaging and Labelling of Dangerous Substances Regulations, 2001)

2000/32/EC

Adapting to technical progress for 26th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

01/06/2001

Regulations being prepared

Mid/Late 2001

Fixed-term Work Directive Bill

1999/70/EC

To provide that fixed-term workers are not treated less favourably than comparable full-time workers and to prevent abuse arising from the use of successive fixed-term employment contracts.

10.07.01

Initial consultations

July 2001

Safeguarding of Employees' rights on Transfer of Undertakings (Amendment)

98/50/EC

To amend the present legislation to take account of extensive case law in this area.

17.07.01

Initial consultations

July 2001

European Communities (Classification, Packaging and Labelling of Dangerous Substances) Regulations, 2001

2000/33/EC

Adapting to technical progress for 27th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

01.10.2001

Health and Safety Authority to prepare Regulations

Mid/Late 2001

Industrial Designs Bill

98/71/EC

To bring Ireland's design legislation up to date, to implement EU Directive and to implement the Agreement on Trade Related aspects of Intellectual Property (TRIPS).

28.10.01

Formal drafting commenced with Parliamentary Draftsman on 10 May 2000

Early 2001

European Communities (Consumer Goods and Associated Guarantees) Regulations 2000 or Consumer Goods and Associated Guarantees Bill 2000

1999/44/EC

To improve consumer protection, particularly in transboundary transactions, by, inter alia, providing for a guarantee period covering the purchase of consumer goods in the internal market. The Directive is similar in some respects to the Sale of Goods and Supply of Services Act, 1980.

01.01.02

Drafting has not yet begun

End 2001

To be decided

1999/63/EC

To provide for the regulation of working time of seafarers.

30/06/2002

Preliminary consultations yet to take place

June 2002

To be decided

1999/95/EC

To provide for the verification and enforcement of compliance by ships calling at ports of member states with Directive 1999/63/EC.

30/06/2002

Preliminary consultations yet to take place

June 2002

Title of S.I or Bill

To Transpose Directive

Purpose

Deadline

Current Position re drafting

Expected Transposition Date

European Communities (Protection of Workers from the risks related to exposure to carcinogens at Work) Regulations, 2003

99/38/EC

Amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work and extending it to mutagens.

20.04.03

Health and Safety Authority to draft Regulations

April 2003

European Communities (Safety and Health Protection of Workers Potentially at Risk from Explosive Atmospheres) Regulations, 2003

99/92/EC

Introduction of measures to encourage improvements in the safety and health of workers at work.

30.06.03

Regulations will be implemented by the Health and Safety Authority

June 2003

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