Dáil Éireann debate -
Tuesday, 23 Mar 1993

Vol. 428 No. 1

Written Answers. - EC Directives.

Eamon Gilmore

Question:

399 Mr. Gilmore asked the Minister for Transport, Energy and Communications if, in relation to the areas for which his Department has responsibility, he will give details of the number of EC Directives, by number and title, which have been implemented in Ireland by way of statutory instruments since Ireland became a member state; if, in relation to each directive implemented, he will give details of the variation/amendment/ differences there are in each statutory instrument compared to the original directive; and the number of directives, by number and title, which have not been implemented by way of statutory instruments.

Minister for Transport, Energy and Communications (Mr. Cowen)

A listing of EC Directives transposed into national legislation follows together with a listing of EC Directives due for implementation. In a number of instances implementing instruments have differed in certain respects from the original Directives. The provision of detailed information in this regard, however, would involve an inordinate expenditure of staff resources.

EC Directives implemented in Irish Law

Number	Title	SI No.
Energy		(where applicable)
68/414/EEC	Council Directive of 20 December, 1968, imposing an obligation on member states of the EEC to maintain minimum stocks of crude oil and/or petroleum products.	325 of 197459 of 197678 of 1977
68/416/EEC	Council Decision of 20 December, 1968, on the conclusion and implementation of individual agreements between Governments relating to the obligation of member states to maintain minimum stocks of crude oil and/or petroleum products.
72/425/EEC	Council Directive of 19 December, 1972 amending the Council Directive 68/414/EEC of 20 December, 1986.
75/405/EEC	Council Directive of 14, April, 1975 concerning the restriction of the use of petroleum products in power stations.	75 of 1978
80/836/ Euratom	Council Directive of 15 July, 1980, laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionising radiation.	43 of 1991
84/467/ Euratom	Council Directive of 3 September, 1984, amending Council Directive 80/836/Euratom.
85/536/EEC	Council Directive of 5 December, 1985 on crude oil savings through the use of institute fuel components in petrol.	333 of 1988
90/547/EEC	Council Directive of 29, October 1990 on the transit of electricity through transmission grids.	275 of 1991
91/296/EEC	Council Directive of 31 May 1991 on the transit of natural gas through grids.	343 of 1991
Transport	First Council Directive of 23 July 1962 on the establishment of certain common rules for internation transport (carriage of Goods by road for hire or reward).	253 of 1980
72/426/EEC	Council Directive of 19 December, 1972 amending the First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward).
74/149/EEC	Council Directive of 4 March, 1974 amending the First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward).
77/158/EEC	Council Directive of 14 February, 1977 amending the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between the member states.
78/175/EEC	Council Directive of 20 February, 1978 amending the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between member states.
80/49/EEC	Council Directive of 20 December, 1979 amending the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between member states.
82/50/EEC	Council Directive of 19 January, 1982 amending the First Council Directive of 23 July, 1962 on the establishment of common rules for certain types of carriage of goods by road between member states.	358 of 1982
83/572/EEC	Council Directive of 26 October 1983 amending Directive 65/269/EEC concerning the standardisation of certain rules relating to authorisations for the carriage of goods by road between member states and the First Council Directive of 23 July, 1962 the establishment of common rules for certain types of carriage of goods by road between member states.	283 of 1985
74/561/EEC	Council Directive of 12 November 1974 on the admission to the occupation of road haulage operator in national and international transport operations.	386 of 1977431 of 1981180 of 198860 of 1991217 of 1992
74/562/EEC	Council Directive of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations.	388 of 1977
77/796/EEC	Council Directive of 12 December 1977 aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment.	432 of 1981431 of 1981180 of 198860 of 1991217 of 1992
89/438/EEC	Council Directive of 26 June 1989 amending Directive 74/561/EEC of 12 November 1974, Directive 74/562/EEC of 12 November 1974, and Directive 77/796/EEC of 12 December 1977	59 of 1991216 of 199260 of 1991217 of 1992
80/51/EEC	Council Directive of 20 December, 1979 on the limitation of noise emissions from subsonic aircraft.	14 of 198416 of 1984
83/206/EEC	Council Directive of 21 April, 1983 amending Council Directive 80/51/EEC of 20 December 1979.
80/1177/EEC	Council Directive of 4 December 1980, on statistical returns in respect of carriage of goods by rail, as part of regional statistics.	*
82/470/EEC	Council Directive of 29 June, 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies (ISIC Group 718) and in storage and warehousing (ISIC Group 720).	18 of 1988
83/416/EEC	Council Directive of 25 July, 1983, concerning the authorisation of scheduled inter-regional air services for the transport of passengers, mail and cargo between member states.	215 of 1987
86/216/EEC	Council Directive of 26 May 1986, amending Directive 83/416/EEC on account of the accession of Portugal.
84/647/EEC	Council Directive of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road.	60 of 1991217 of 1992
90/398/EEC	Council Directive of 24 July 1990 amending Directive 84/647/EEC of 19 December 1984.	60 of 1991
87/601/EEC	Council Directive of 14 December, 1987, on the approval of fares for scheduled air services between member states.	207 of 1989
87/602/EEC	Council Directive of 14 December, 1987, on the sharing of passenger capacity between air carriers on scheduled air services between member states and on access for air carriers to scheduled air service routes between member states.	208 of 1989
88/599/EEC	Council Directive of 23 November 1988 on standard checking procedures for the implementations of Regulations (EEC) No. 3820/85 on the harmonisation of certain social legislation relating to road transport and Regulation (EEC) No. 3821/85 on recording equipment in road transport.	*
89/629/EEC	Council Directive of 4 December, 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes.	235 of 1990
89/684/EEC	Council Directive of 21 December, 1989, on vocational training of certain drivers of vehicles carrying dangerous goods by road.	204 of 1992
91/670/EEC	Council Directive of 16 December, 1991 on mutual acceptance of personnel licences from the exercise of functions in civil aviation.	*
Communications
72/245/EEC	Council Directive of 20 June, 1972 of laws of member states relating to radio interference from vehicle ignition systems.	33 of 1973
75/322/EEC	Council Directive of 20 May, 1975 on the approximation of laws of member states relating to radio interference from tractor ingnition systems.	358 of 1976
76/889/EEC	Council Directive of 4 November, 1976 approximation of laws of member states relating to radio interference cause by electrical household appliances, portable tools and similar equipment.	170 of 1979
82/499/EEC	Council Directive of 7 June, 1982 adapting to technical progress Directive 76/889/EEC.	339 of 1983
87/308/EEC	Council Directive of 2 June, 1987 adapting to technical progress Directive 76/889/EEC.	290 of 1990
76/890/EEC	Council Directive of 4 November 1976 on the approximation of the laws of member states relating to the suppression of radio interference with regard to flourescent lighting luminaries.	171 of 1979
82/500/EEC	Council Directive of 7 June 1982 adapting to technical progress Directive 76/890/EEC.	340 of 1983
87/310/EEC	Council Directive of 3 June, 1987 adapting to technical progress Directive 76/890/EEC.	291 of 1990
87/372/EEC	Council Directive of 25 June, 1987 on the frequency bands to be reserved for the co-ordinated introduction of public pan-European cellular digital land-based mobile communications in the Community.	*
89/552/EEC	Council Directive of 3 October, 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in member states concerning the pursuit of television broadcasting activities.	252 of 1991
90/387/EEC	Council Directive of 28 June, 1990 on the establishment of internal market for telecommunications services through the implementation of open network provision.	45 of 1992
90/388/EEC	Commission Directive of 28 June, 1990 on competition in the markets for telecommunications services.	45 of 1992
90/544/EEC	Council Directive of 9 October, 1990 on the frequency bands designated for the co-ordinated introduction of pan-European land-based public radio paging in the Community.	*

Directives due for Implementation.

Statutory measures to give legal effect to the following EC Directives which fall within my area of responsibility have not been taken.

Directive	Title	Implementation Date
1. 78/170/EEC	Council Directive of 31 February, 1978 on performance of heat generators for space heating.	1 July, 1980
2. 82/885/EEC	Council Directive of 10 December, amending Directive 78/170/EEC.	1 July, 1984
3. 79/530/EEC	Council Directive of 14 May, 1979, on the indication by labelling of the energy consumption of household appliances.	13 June, 1981
4. 79/531/EEC	Council Directive of 14 May, 1979, applying to electric ovens Directive 79/530/EEC.	13 June, 1981
5. 89/618 Euratom	Council Directive of 27 November, 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency.	26 November, 1991
6. 90/337/EEC	Council Directive of 29 June, 1990, concerning a Commuity procedure to improve the transparency of gas and electricity prices charged to industrial end-users.	1 July, 1991
7. 89/336/EEC	Council Directive of 3 May, 1989, on the approximation of laws of the member states relating to electromagnetic compatibility.	1 July, 1991
8. 92/31/EEC	Council Directive of 28 April, 1992, amending Directive 89/336/EEC (above).	28 July, 1992
9. 90/314/EEC	Council Directive of 13 June, 1990, on package travel, package holidays and package tours.	31 December, 1992
10. 91/263/EEC	Council Directive on the approximation of laws of the member states concerning telecommunications terminal development including the mutual recognition of their conformity.	6 November, 1992
11. 91/440/EEC	Council Directive of 29 July, 1991, on the development of the Community's railways.	1 January, 1993
12. 92/14/EEC	Council Directive of 2 March, 1992, on the limitation of the operation of airplanes covered by part II, Chapter 2, Volume I of Annex 16 to the Convention on International Civil Aviation, second edition (1988).	1 July, 1992
13. 92/42/EEC	Council Directive on the minimum efficiency requirements for new hot water boilers fired with liquid or gaseous fuels.	1 January, 1993

The position in regard to implementation is as follows:

Items Nos. 1-2: I do not propose at this stage to provide statutory enforcement of these Directives in view of Directive 92/42/EEC recently adopted and required to be implemented by 1 January, 1994.

Items Nos. 3-4: I do not propose at this stage to provide statutory enforcement of these Directives in view of Directive 92/75/EEC recently adopted and required to be implemented by 1 January, 1994.

Item 5: Draft regulations have been sent to the European Commission for their recommendations, under Article 33 of the EURATOM Treaty which obliges member states to communicate any draft provisions to the Commission.

Item 6: The requirements of this Directive are being complied with. Both ESB and BGE are supplying the necessary information and statistics by way of administrative arrangements. The Directive will be transposed into Irish law as soon as possible.

Items 7-8: The delay in transposing these Directives is due to the complex nature of the transposing regulations and the necessity to consult with a variety of interests. Statutory provisions for implementation are expected to be made by 1 June, 1993.

Item 9: The Department has been engaged in consultation with the tourist industry and the travel trade regarding implementation of this Directive. Statutory provisions for implementation are expected to be made by end-June, 1993.

Item 10: Statutory provisions for implementation are expected to be made by end-June, 1993.

Item 11: As the interpretation of this Directive has given rise to difficulties for member states, an EC Working Group consisting of representatives from all member states and under the Chairmanship of the Commission is examining the question of its implementation.

Item 12: The necessary statutory provisions are beieng drafted at present and it is expected that they will be in place shortly.

EC Directives implemented in Irish Law:

Number	Title	SI No.
91/287/EEC	Council Directive of 3 June, 1991 on the frequency band to be designated for the co-ordinated introduction of digital European cordless telecommunications (DECT) into the Community.	*

*These Directives have been implemented by way of administrative provisions.