Phil Hogan
Question:331 Mr. Hogan asked the Minister for Transport, Energy and Communications the number and identity of EC Directives that have not been transposed into Irish law; and if he will make a statement on the matter.
Written Answers. - EC Directives.
The present position in regard to EC Directives within my area of responsibility which have not been transposed into Irish law is detailed in the attached Schedule.
SCHEDULE
EC Directives to be transposed into Irish Law
|
Directive |
Title |
Implementation Date |
|
|
1. |
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 |
1 January, 1991 |
|
2. |
90/337/EEC |
Council Directive of 29 June, 1990, concerning a Com- munity procedure to improve the transparency of gas and electricity prices charged to industrial end-users. |
1 July, 1991 |
|
3. |
89/336/EEC |
Council Directive of 3 May, 1989, on the approximation of laws of the member states relating to electro-magnetic compatibility. |
1 July, 1991 |
|
4. |
92/31/EEC |
Council Directive of 28 April, 1992 amending Directive 89/336/EEC (above). |
28 July, 1992 |
|
5. |
90/314/EEC |
Council Directive of 13 June, 1990, on package travel, package holidays and package tours. |
31 December, 1992 |
|
6. |
90/554/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. |
31 December, 1992 |
|
7. |
91/244/EEC |
Council Directive of 27 March, 1991 amending Directive 75/130/EEC on the establishment of common rules for certain types of combined transport of goods between member states. |
1 January, 1992 |
|
8. |
91/263/EEC |
Council Directive of 29 April, 1991, on the approxi- mation of laws of the member states concerning telecommunications terminal equipment including the mutual recognition of their conformity. |
6 November, 1992 |
|
9. |
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. |
1 January, 1992 |
|
10. |
91/440/EEC |
Council Directive of 29 July, 1991 on the development of the Community's railways. |
1 January, 1993 |
|
11. |
92/42/EEC |
Council Directive of 21 May, 1992 on the minimum efficiency requirement for new hot water boilers fired with liquid or gaseous fuels. |
1 January, 1993 |
|
12. |
92/44/EEC |
Council Directive of 5 June, 1992 on the application of open network provision to leased lines. |
5 June, 1993 |
|
13. |
92/75/EEC |
Council Directive of 22 September, 1992 on the indi- cation by labelling and standard production information of the consumption of energy and other resources by household appliances. |
1 July, 1993 |
|
14. |
92/106/EEC |
Council Directive of 7 December, 1992 on the estab- lishment of common rules for certain types of combined transport of goods between member states. |
1 July, 1993 |
|
15. |
90/641/Euratom |
Council Directive of 4 December, 1990 on the oper- ational protection of outside workers exposed to the risks of ionising radiation during their activities in controlled areas. |
1 January, 1994 |
|
16. |
92/3/Euratom |
Council Directive of 3 February, 1992 on the supervision and control of shipments of radioactive waste between member states and into and out of the Community. |
1 January, 1994 |
|
17. |
92/38/EEC |
Council Directive of 11 May, 1992 on the adoption of standards for satellite broadcasting of television signal. |
1 January, 1994 |
The position in regard to implementation is:
Items 1, 6 and 9
The Commission have been informed that the enactment of legislation or the making of Statutory Regulations is not required to give effect to these Directives in Ireland. A notice has been inserted inIris Oifigiúil in relation to each of the Directives. The Commission have queried the Irish position and the advice of the Attorney General was sought as to whether the introduction of legislation is necessary to give effect to the Directives. This advice has been received and is being studied.
Item 2
The requirements of this Directive are being complied with. Both the Electricity Supply Board and Bord Gáis Éireann are supplying the necessary information and statistics by way of administrative arrangements. The Directive will be transposed into Irish law via the Energy (Miscellaneous Provisions) Bill which is currently being drafted.
Items 3-4
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 31 December, 1993.
Item 5
A consultation process on this Directive is now at an advanced stage and it is hoped to have the implementation legislation in place in the near future.
Item 7
This Directive is the subject of ongoing correspondence between the Department and the Commission on whether it is necessary to take any special legal measures to implement the Directive in question as its provisions are incapable of practical application in Ireland.
Item 8
Statutory provisions for implementation are expected to be made by end December, 1993.
Item 10
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. The Irish authorities having examined the content of the Directive in considerable detail are of the view that its requirements are either already met by existing legislation or in respect of a small number of particular provisions can be met by administrative arrangements.
Item 11
While the deadline for introducing legislation to comply with the provisions of this Directive is 1 January, 1993, its provisions need not be applied until 1 January, 1994.
Regulations are currently being drawn up to give effect to the Directive by 1 January, 1994.
Item 12
Statutory provisions for implementation are expected to be made by end March, 1994.
Item 13
While the implementation date to introduce legislation to comply with this Directive is 1 July, 1993 the effective date of operation is 1 January, 1994. The Directive is an enabling instrument and other implementing Directives on specific appliances such as fridges, washing machines and ovens are to follow. It is not considered necessary to adopt the enabling Directive as a prerequisite to the adoption of the individual Directives dealing with specific appliances.
Item 14
The question of whether legislation is required to implement the provisions of this Directive is being considered.
Item 15
Regulations to implement this Directive which have been cleared by the Parliamentary Draftsman were sent to the Commission for approval on 2 July, 1993.
Item 16
Heads of Regulations to implement this Directive were sent to the Parliamentary Draftsman on 9 August, 1993 and were forwarded to the Commission for approval on 21 September 1993.
It is expected that both of these Directives will be implemented by the required date.
Item 17
In relation to this item the Council of Ministers passed a resolution on 16 June, 1993 inviting the Commission to propose to the Council before 1 October, 1993 a substantial revision of this Directive. The Commission's revised proposal is still awaited. This revision will be examined when received and further consideration will then be given to the implementation of the Directive.