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Dáil Éireann debate -
Wednesday, 9 Feb 2000

Vol. 514 No. 1

Written Answers. - EU Directives.

Michael D. Higgins

Question:

65 Mr. M. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the EU directives for which her Department has responsibility which are yet to be brought into effect; when the EU Directive 97/81/EC regarding the rights of part-time workers will be implemented; and if she will make a statement on the matter. [3538/00]

The information sought by the Deputy is contained in the following table. It is hoped the Bill to implement Directive 97/81/EC will be introduced in the Oireachtas by June, 2000.

Title of S.I or Bill

To TransposeDirective

Purpose

deadline

Current Position re drafting

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.

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 Dail on 11 November, 1999. Committee Stage in the Dail commenced on 18 January 2000.

Carriage of Dangerous Goods By Road (Regulations) 1999

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

Carriage of Dangerous Goods by Road (Regulations) 1999

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

Carriage of Dangerous Goods By Road (Regulations) 1999

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

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 93/98 EEC are implemented vis a 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.

01.01.97

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 Dail on 11 November, 1999. Committee Stage in the Dail commenced on 18 January 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 Dail commenced on 18 January 2000.

European Communities (Labelling, Presentation and Advertising of Foodstuffs) regulations, 1999

97/4/EC.Linked withtranspositionof 1999/10/EC

To provide increased information to consumers about the nature of a foodstuff, in particular the ingredients. The opportunity is being taken to consolidate all food labelling regulations (giving effect to Directive 79/112/EEC, as amended) into one set of Regulations.

14.08.98

Being prepared for submission to Tanaiste.

Title of S.I or Bill

To TransposeDirective

Purpose

Deadline

Current Position re drafting

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1999

97/56/EC

Amending for the 16th time 76/769/EEC on the approximation of the laws, regulations and administrative provisions of member states relating to restrictions on the marketing and use of certain dangerous substances and preparations.

04.12.98

Draft regulations being examined by the P.D.'s Office (Reasoned Opinion received) – This directive will be implemented with Dirs. 94/27, 99/43, 99/77 and 99/51.

Safety, Health and Welfare at Work (General Application) Regulations, 1999

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.)

European Communities (control of major accident hazards involving dangerous substances) Regulations, 1999

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

Draft regulations being examined by the Parliamentary Draftsman – Reasoned Opinion recd.)

Carriage of Dangerous Goods By Road (Regulations) 1999

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.

European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1999

1999/10/EC.Linked withDirective97/4/EC

To provide for derogations from Directive 97/4/EC, which amended Article 7 of Directive 79/112/EEC for the purpose of providing increased information to consumers about the nature of a foodstuff, in particular the ingredients. The opportunity is being taken to consolidate all food labelling regulations (giving effect to Directive 79/112/EEC, as amended) into one set of regulations.

14.08.98

Being prepared for submission to Tánaiste.

European Communities (Dangerous Substances and Preparations) (Marketing and Use) regulations, 2000.

99/51/EC

To implement Council Directive 76/769/EEC of 27 July 1976 on the Marketing and Use of Certain Dangerous Substances and Preparations.

01.12.99

Draft regulations being examined by the parliamentary draftsman's office. – This directive will be implemented with Dirs. 94/27, 97/56, 99/43 and 99/77.

Posting of Workers Bill

96/71/EC

To guarantee workers posted to another member state the terms and conditions of the host State

16.12.9

There are still difficulties to be resolved regarding the enforcement provisions of the directive. The other EU member states have similar problems. The AG's advice has been sought in this matter.

European Communities (Safety Advisers) Regulations, 1999

96/35/EC

Requires that undertakings involved in the transport, or the related unloading 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.

Worker Protection (Part-Time Employees) (Amendment) Bill

97/81/EC

To implement directive

20.01.00

Imminent submission of draft memorandum and draft scheme of Bill to Government.

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

Drafting has begun

European Communities (Consumer Credit) Regulations or Consumer Credit 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

Drafting has commenced.

Title of S.I or Bill

To TransposeDirective

Purpose

Deadline

Current Position re drafting

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

Drafting has begun

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

Drafting has not yet begun

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

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

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

EC (Machinery) Regulations 1999

98/37/EC

To consolidate all the machinery directives into one directive

30.06.00

with AG's office

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

HSA will prepare implementing regulations

European Communities (Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations) 2000

99/43/EC

To amend for the 17th time Directive 76/769/EEC

20.07.00

Draft regulations being examined by the parliamentary draftsman's office. – This directive will be implemented with Dirs. 94/27, 97/56, 99/77 and 99/51.

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

30.07.00

Not commenced

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 not yet begun

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, for example, 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

Drafting has not yet commenced.

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

94/27/EC

Amending for the 12th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of member states relating to restrictions on the marketing and use of certain dangerous substances and preparations – nickel

01.01.00

Draft regulations being examined by the parliamentary draftsman's office. – This directive will be implemented with Dirs. 97/56, 99/43, 99/77 and 99/51.

Title of S.I or Bill

To TransposeDirective

Purpose

Deadline

Current Position re drafting

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 provision 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

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

Fixed-term Work Directive Bill

1999/70/EC

To implement the directive

10.07.01

Initial consultations

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

98/50/EC

To implement directive

17.07.01

Initial consultations

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

At a Government meeting the Government approved the drafting of the Industrial Designs Bill . It was transmitted on 27 January to the Office of Attorney General for formal drafting by parliamentary draftsman.

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

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

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

European Communities (Restriction on the Marketing and Use of Certain Dangerous Substances and Preparations) (Asbestos) Regulations, 2005

99/77/EC

Adapting to technical progress for the sixth time annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the MS relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos).

01.01.05

Draft regulations with the P.D.'s office. This directive will be implemented with Directives 94/27, 99/43, 99/51 and 97/56.

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