Vol. 516 No. 5
112 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps, if any, she is taking to ensure the speedy implementation of the 39 EU directives for which her Department has responsibility, particularly the 30 directives in respect of which the deadline for implementation has passed; and if she will make a statement on the matter. [8010/00]
Prompt implementation of directives is an ongoing priority for both myself and my Department. Monitoring of progress in implementing directives is supported by information from a database. The database is updated on a weekly basis and contains details in regard to the status of implementation. There are circumstances beyond the control of my Department which influence the timing of implementation. The current position is contained in the following table. It shows 39 directives for implementation, 15 by the end of 1999, of which four are the subject of primary legislation currently before the Houses, nine are with the parliamentary draftsman and two are with me for signature of regulations, 14 during this year, of which drafting has already started for ten, and ten between next year and the beginning of 2005.
One directive has been brought into effect under the direction of my Department since the beginning of 2000. Directive No. 1999/100/EC which relates to the carbon dioxide emissions and the fuel consumption of motor vehicles was transposed into SI 55/2000. It is expected that another 30 directives will be transposed into law during 2000.
|
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 Dail on 11 November, 1999. Committee Stage in the Dail commenced on 18 January 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 Dail on 11 November, 1999. Committee Stage in the Dail commenced on 18 January 2000. |
July 2000 |
|
Title of S.I or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Position re drafting |
Expected Transposition Date |
|
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 |
Mid 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 |
Mid 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 |
Mid 2000 |
|
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 Dail on 11 November, 1999. Committee Stage in the Dail commenced on 18 January 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 Dail on 11 November, 1999. Committee State in the Dail commenced on 18 January 2000. |
July 2000 |
|
European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1999 |
97/4/EC. Linked with transposition of 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 |
Regulations have been submitted for signature by Tánaiste. |
Early 2000 |
|
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) Regulations, 2000 |
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. |
Early 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.) |
Mid 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 |
Draft Regulations being examined by the Parliamentary Draftsman – Reasoned Opinion recd.) |
Mid 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. |
Mid 2000 |
|
European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1999 |
1999/10/EC. Linked with Directive 97/4/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. |
31.08.99 |
Regulations have been submitted for signature by the Tánaiste. |
Early 2000 |
|
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. |
Mid 2000 |
|
European Communities (Safety Advisers) Regulations, 2000 |
96/35/EC |
Requires that undertakings involved in the transport, or the related unloading or loading, 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. |
Mid/Late 2000 |
|
Title of S.I or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Position re drafting |
Expected Transposition Date |
|
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 commenced |
Mid/Late 2000 |
|
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. |
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 |
Draft regulations have been submitted to the Attorney General for approval. |
Mid 2000 |
|
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 |
Preparatory work is under way, prior to commencing drafting |
Mid/Late 2000 |
|
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 June 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 June 2000 |
|
EC (Machinery) Regulations 1999 |
98/37/EC |
To consolidate all the Machinery Directives into one Directive |
30.06.00 |
With AG's Office |
June 2000 |
|
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 |
July 2000 |
|
Title of S.I or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Position re drafting |
Expected Transposition Date |
|
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. |
Early/Mid 2000 |
|
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 |
At preliminary drafting stage |
July 2000 |
|
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 |
December 2000 |
|
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 |
Drafting has not yet commenced. |
December 2000 |
|
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. |
Mid-2000 |
|
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 |
2001 |
|
Title of S.I or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Position re drafting |
Expected Transposition Date |
|
Worker Protection (Part-Time Employees) (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 |
Imminent submission of draft Memorandum and Draft Scheme of Bill to Government. |
Autumn 2000 |
|
European Communities (Units of Measurement) (Amendment) Regulations, 2000 |
1999/103/EC |
To extend the period during which imperial units of measurement may be used until end 2009. |
9/02/01 |
Draft S.I. being finalised for forwarding to Attorney General |
20/04/01 |
|
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 |
|
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 |
|
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. |
End 2000 |
|
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 |
January 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 |
|
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. |
January 2005 |
