Written Answers. - EC Directives, Regulations and Recommendations.
Trevor Sargent
Question:
74
Mr. Sargent
asked the
Minister for Finance
if he will supply Deputy Sargent with a list of EC Directives, relevant to his Department, which have been signed by the Council but not yet due for transposition into Irish law; and when they are expected to be transposed.
Trevor Sargent
Question:
75
Mr. Sargent
asked the
Minister for Finance
if he will supply Deputy Sargent with a list of EC recommendations and regulations relevant to his Department issued during 1991; and the action, if any, taken on them.
Trevor Sargent
Question:
76
Mr. Sargent
asked the
Minister for Finance
if he will supply Deputy Sargent with a list of EC Directives relevant to his Department which are overdue for transposition into Irish law; and the expected date of their transposition.
I propose to take Questions Nos. 74, 75 and 76 together.
As far as my Department is concerned the position is as follows:
EC Directives which have been signed by the Council but are not yet due for transposition into Irish law.
Council Directive 92/50/EEC of 18 June 1992 relating to the Co-ordination of Procedures for the Award of Public Service Contracts. This measure is expected to be transposed before the due date of 1 July, 1993.
Council Directive 92/121/EEC of 21 December 1992 on the monitoring and control of large exposures of credit institutions. It is expected that this Directive will be implemented by the due date of 1 January, 1994.
EC Directives which are overdue for transposition into Irish law and the expected date of transposition.
Council Directive 92/77/EEC of 19 October 1992 on the approximation of VAT rates. It is expected that this Directive will be implemented in the Budget and Finance Act, 1993.
Council Directive 90/531/EEC of 17 September 1990 on the Procurement Procedures of Entities operating in the Water, Energy, Transport and Telecommunications Sectors. It is expected that this measure will be transposed by Statutory Instrument in the next two weeks.
Council Directive 92/13/EEC of 25 February 1992 co-ordinating the laws, regulations and administrative Provisions relating to the Application of Community Rules on the Procurement Procedures of Entities operating in the Water, Energy, Transport and Telecommunications Sectors. It is expected that this measure will be transposed by Statutory Instrument in the next month or so.
Council Directive 92/83/EEC (structure of excise duties on alcohol and alcoholic beverages) is implemented in the Finance Act, 1992 and S.I. No. 394 of 1992, apart from the taxation of beer on the end-product basis. This aspect will be implemented by means of an Order to be made by the Minister for Finance under section 102 of the Finance Act, 1992, when detailed negotiations with the trade concerns have been completed.
Council Directive 92/80/EEC (approximation of taxes on manufactured tobacco other than cigarettes) and 92/82/EEC (approximation of the rates of excise duties on mineral oils) deal with rates of duties to apply to these products in the Internal Market. Ireland complies with practically all of the provisions specified in these directives in its existing rating structure. Those very few areas in which we do not strictly comply at present (pipe tobaccos and heavy fuel oil duties) will be dealt with in the context of the forthcoming budget.
EC Recommendations and Regulations issued during 1991 and the action, if any, taken on them.
(1) List of EC Recommendations issued during 1991: Nil
(2) List of EC Regulations issued during 1991 and the action taken on them.
1. Council Regulation (EEC) No. 717/91 of 21 March 1991 (OJ No. L 78) abolishing the requirement for the Single Administrative Document (Customs written declaration) at import and export for intra-EC trade with effect from 1 January 1993. Customs declarations are no longer required in Ireland for intra-EC trade from that date. Ireland has complied in full with the terms of the Regulation.
2. Council Regulation (EEC) No. 3925/91 of 19 December 1991 (OJ No. L 374) eliminating controls and formalities applicable to the cabin and hold baggage of persons taking an intra-EC flight and making an intra-EC sea crossing, with effect from 1 January 1993. Systematic customs controls on the baggage of intra-EC travellers have been discontinued in Ireland from that date. Ireland has complied in full with the terms of the Regulation.
3. Council Regulation (EEC) No. 718/91 of 21 March 1991 (OJ No. L 66) provided for,inter alia, the repeal with effect from the introduction of the Single Market, of Council Regulation (EEC) No. 3/84, which introduced arrangements for the movement within the Community of goods for temporary use sent from one member state to one or more member states. Ireland has complied in full with the terms of the Regulation.
4. Council Regulation (EEC) No. 719/91 of 21 March 1991 (OJ No. L 78) and Commission Regulation (EEC) No. 1593/91 of 12 June 1991, (OJ No. L 148) to enable goods which are being temporarily imported from one member state into one or more member states to move under cover of an ATA Garnet, without formalities at each border crossing. The adoption of this Regulation was another step forward to the completion of the internal market. Ireland has complied in full with the terms of the Regulation.
5. Commission Regulation (EEC) No. 1418/91 of 15 May, 1991 (OJ No. L 135) amending Regulation (EEC) No. 4141/87 determined the conditions under which goods for certain categories of aircraft, ships or drilling or production platforms were eligible on import for a favourable tariff arrangement by reason of their end-use. The terms of the Regulation have been fully implemented.
6. Commission Regulation (EEC) No. 1419/91 of 15 May 1991 (OJ No. L 135) amending Regulation (EEC) No. 4141/87 determined the conditions under which certain goods are eligible on import for a favourable tariff arrangement by reason of their end-use. The terms of the Regulation have been fully implemented.
7. Commission Regulation (EEC) No. 2249/91 of 25 July 1991 (OJ No. L 204) implementing Council Regulation (EEC) No. 1855/89 for the temporary importation of means of transport from third countries. This Regulation was introduced to take account of the Single Market situation. Ireland has complied in full with the terms of the Regulation.
8. Commission Regulation (EEC) No. 2365/91 of 31 July 1991 (OJ No. L 216) lays down the conditions for the use of the ATA Carnet for the temporary importation of goods from non-EC countries into the customs territory of the Community or the temporary exportation of goods from that territory to non-EC countries. The Regulation is effective from 1 January 1992. Ireland has complied in full with the terms of the Regulation.
9. Commission Regulation (EEC) No. 2490/91 of 13 August 1991 (OJ No. L 231) amending Regulation (EEC) No. 4131/87, determined the conditions of entry of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheading 2204 21 41, 2204 21 51, 2204 29 41, 2204 29 45, 2204 29 51 and 2204 29 55 of the Combined Nomenclature. The terms of the Regulation have been fully implemented.
10. The following Commission Regulations relate to the classification of goods in the Customs Combined Nomenclature. The terms of all the Regulations have been fully implemented.
Commission Regulation (EEC) No. 316/91 of 9 February 1991 (OJ No. L 37).
Commission Regulation (EEC) No. 440/91 of 27 February 1991 (OJ No. L 52).
Commission Regulation (EEC) No. 441/91 of 27 February 1991 (OJ No. L 52).
Commission Regulation (EEC) No. 546/91 of 5 March 1991 (OJ No. L 60).
Commission Regulation (EEC) No. 964/91 of 20 April 1991 (OJ No. L 100)
Commission Regulation (EEC) No. 1288/91 of 14 May 1991 (OJ No. L 122).
Commission Regulation (EEC) No. 1796/91 of 24 June 1991 (OJ No. L 16).
Commission Regulation (EEC) No. 2084/91 of 17 July 1991 (OJ No. L 193).
Commission Regulation (EEC) No. 2399/91 of 8 August 1991 (OJ No. L 220).
Commission Regulation (EEC) No. 2507/91 of 20 August 1991 (OJ No. L 233).
Commission Regulation (EEC) No. 3085/91 of 21 October 1991 (OJ No. L 291).
Commission Regulation (EEC) No. 3694/91 of 17 December 1991 (OJ No. L 350).
11. Council Regulation (EEC) No. 3330/91 (OJ No. L 316) lays down the rules for the compilation of intra-EC trade statistics "INTRASTAT" for a transitional period commencing on 1.1.93. The INTRASTAT system replaces the previous system which compiled statistics on intra-EC trade from the Single Administrative Document (SAD). The terms of the Regulation are being implemented in full by Ireland.
12. Commission Regulation (EEC) No. 593/91 of 12.3.91 (OJ No. L 66) amending Regulation (EEC) No. 1766/85 concerning rates of exchange to be used in the determination of customs value. This Regulation is being implemented in full in Ireland.
13. Commission Regulation (EEC) No. 558/91 of 7.3.91 (OJ No. L 62) amending Regulation (EEC) No. 1495/80 implementing certain provisions of Council Regulation (EEC) No. 1224/80 on the valuation of goods for customs purposes. This Regulation is being implemented in full in Ireland.
14. A large number of Regulations on establishing unit values for customs purposes of certain perishable fruit and vegetables (25 Regulations) and on technical aspects of anti-dumping duty (13 Regulations) were adopted in 1991. Details of these will be provided by the Revenue Commissioners if required. These Regulations are being implemented in full in Ireland.
15. Commission Regulation (EEC) No. 3518/91 of 4 December, 1991 (OJ No. L 334) on the country nomenclature for the external trade statistics of the EC and statistics of trade between member states. This Regulation is being implemented in full in Ireland.
16. Commission Regulation (EEC) No. 1593/91 of 12 June, 1991 (OJ No. L 148) provides for the implementation of Council Regulation (EEC) No. 719/91 on the use in the Community of TIR Garnets and ATA Carnets as transit documents. This Regulation is being implemented in full in Ireland.
17. Council Regulation (EEC) No. 664/91 of 18 March, 1991 (OJ No. L 75) applying Decision No. 1/90 of the EEC/EFTA Joint Committee on "Common Transit". This Regulation is being implemented in full in Ireland.
18. Council Regulation (EEC) No. 3648/91 of 11 December, 1991 (OJ No. L 348) lays down the methods of using Community Transit Form 302. This Regulation is being implemented in full in Ireland.
19. Council Regulation (EEC) No. 3407/91 of 19 December, 1991. On action by the Community relating to nature conservation (ACNAT).
This is a financial instrument for funding the implementation of the Birds Directive and Habitats Directive. The Office of Public Works submitted a proposal for funding and have agreed a contract with the Commission under which Ireland will receive 75 per cent refund for the purchase of priority habitats under the Habitats Directive and 50 per cent refund for a re-survey of Areas of Scientific Interest and the purchase of important bird sites under the Birds Directive.
