Written Answers. - EU Directives. – Dáil Éireann (28th Dáil) – Thursday, 20 Apr 2000

Written Answers. - EU Directives.

Michael D. Higgins

Question:

30 Mr. M. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps 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. [11958/00]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The 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. The current position is contained in the following table. This shows 41 directives for implementation, for 17 of which the implementation deadline has passed. It also shows that 31 are scheduled to be implemented by the end of the year.

There has been a keen interest among Deputies in recent weeks in the status of implementation of EU directives for which my Depart ment has responsibility and I am anxious to respond in the most expedient way possible. One such way would be to make the information available on the Department's website. This is very much in line with my commitment to contributing to e-Government and I have asked by Department to look at this with a view to having this on-line as soon as is practically possible.

Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate
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	411	22/04/97	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 Dáil 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	411	22/4/97	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 Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January, 2000.	July 2000

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	0		Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dirs. 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	0		Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dirs. 94/56, 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	0		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
Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate

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 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.	01.07.97	411	22/4/97	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 Dáil on 11 November, 1999. Committee Stage in the Dáil 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	411	22/04/97	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 Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January, 2000.	July 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	0		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	0	18/06/98	Draft Regulations being examined by the Parliamentary Draftsman – Reasoned Opinion recd.)	Mid 2000
Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate
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	0		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 (Safety Advisers) Regulations, 2000	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	0		Regulations being examined by the Parliamentary Draftsman's office.	Mid/Late 2000

Commission Directive on Motor Vehicle Type Approval relating to the engine power of motor vehicles	1999/99/EC	To implement Regulations concerning type approval of the engine power of motor vehicles	31/12/99	0		Regulations being prepared	30/06/00

Commission directive relating to measures to be taken against air pollution by emissions from motor vehicles	1999/102/EC	To implement regulations concerning type approval of measures to be taken against air pollution by emissions from motor vehicles	31/12/99	0		Regulations being prepared	30/06/00

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	The Regulations will be drafted with a view to implementation by as close as possible to the due date

Commission directive relating to the permissible sound level and exhaust system of motor vehicles	1999/101/EC	To implement regulations concerning the type approval of the permissible sound level and exhaust system of motor vehicles	31/03/2000	0		Regulations being prepared	30/06/2000

European Communities (Consumer Credit) Regulations 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.	The Regulations will be drafted with a view to implementation as soon as possible
Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate
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			Matter is still under consideration as to the form of transposition of the Directive	End May 2000

European Communities (Protection of Consumers in Respect of Distant Contracts) Regulations 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	The Regulations will be drafted with a view to implementation by the due date

European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 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	0		Health and Safety Authority to prepare Regulations	LateJune 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	0		Regulations to be prepared by Health and Safety Authority	LateJune 2000

EC (Machinery) Regulations 1999	98/37/EC	To consolidate all the Machinery Directives into one Directive	30.06.00	0	28/7/99	With AG's Office	30/06/2000

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	0		HSA will prepare implementing Regulations	July 2000

Council Directive relating to measures against emission of gaseous pollutants from motor vehicles	1999/96/EC	To implement regulations concerning type approval of measures against emission of gaseous pollutants from motor vehicles	01/07/2000	0		Regulations being prepared	30/06/00
Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate
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 in respect of biotechnological inventions	30.07.00			Initial draft sent to AGs office	July 2000

Commission Directive adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles	2000/3/EC	To implement regulations adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraints systems of motor vehicles	30/09/00	0		Regulations being prepared	30/06/00

Commission Directive adapting to technical progress Council Directive 96/79/EC on the protection of occupants of motor vehicles in the event of a frontal impact	1999/98/EC	To implement regulations adapting to technical progress Council Directive 96/79/EC on the protection of occupants of motor vehicles in the event of a frontal impact	30/09/00	0		Regulations being prepared	30/06/00

European Communities (Liability for Defective Products) Regulations 2000	1999/34/EC	To extend the scope of the Liability for Defective Products Act, 1991 to include primary agricultural produce–	04.12.00	0		Drafting has not yet begun	The Regulations will be drafted with a view to implementation by the due date

Commission Directive amending for the fifth time Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs	1999/91/EC	To implement regulations amending for the fifth time Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs	04/12/00			To be drafted	30/11/00

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.	31.12.0			Drafting has not yet commenced.	The Regulations will be drafted with a view to the implementation of the Directive by the due date
Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate
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	0		HSA will prepare implementing Regulations	Unknown. Test Method not published yet

Protection of Employees (Part-Time Work) 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.	20.01.01	16		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	4		Draft S.I finalised by the AG's Office. Text being prepared for submission to the Tanaiste for signature.	30/04/2001

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	0		The HSA will prepare implementing Regulations	5/5 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	0		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	0		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	92		The Government has approved the drafting of the Industrial Designs Bill. The draft Heads of the Bill were transmitted to the Office of the Attorney General on 27 January for formal drafting by Parliamentary Draftsman.	End 2000
Title of S.I or Bill	To Transpose Directive	Purpose	Deadline	Heads	Date to A.G.'s Office	Current Position re drafting	ExpectedTranspositionDate
European Communities (Consumer Goods and Associated Guarantees) Regulations 2001	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	0		Drafting has not yet begun	The Regulations will be drafted with a view to imple-mentation by the due date

To be decided	1999/63/EC	To provide for the regulation of working time of seafarers	30/06/2002	0		Preliminary consultations yet to take place	Before due date

To be decided	1999/95/EC	To provide for the verification and enforcement of compliance by ships calling at ports of Member States with Directive 1999/63/EC	30/06/2002	0		Preliminary consultations yet to take place	Before due 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	0		Health and Safety Authority to draft Regulations	20/4/2003

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	0		Regulations will be implemented by the Health and Safety Authority	June 2003

Dáil Éireann debate - Thursday, 20 Apr 2000