Written Answers. - EU Directives.

Ruairí Quinn

Question:

188 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the directives issued under the treaties establishing the European Communities of which any provision coming under the auspices of her Department has not yet been transposed into law; if in each case such transposition will be effected by Bill or statutory instrument; if transposition is overdue in any case; if so, the steps, if any, taken by the European Commission by way of enforcement; and if she will make a statement on the matter. [19645/00]

The information sought is set out in the following table. Similar information is generally available on my Department's website.

Title of Bill/S.I.

Directive No.

Purpose

Deadline

Expected Trans-positiondate

Enforcement by EuropeanCommission if overdue

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

04/12/00

N/A

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

31/12/00

31/12/00

N/A

European Communities (Injunctions for the Protection of Consumers' Interests) Regulations, 2000 or Injunctions for the Protection of Consumers' Interests Bill, 2000

1998/27/EC

To ensure access to the Courts of other member states by approved Irish bodies, that is, 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

31/12/00

N/A

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

1994/48/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

01/01/01

N/A

Protection of Employees (Part-Time Work) Bill

1997/81/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

20/01/01

N/A

Council Directive relating to the noise emission in the environment by equipment for use outdoors

2000/14/EC

To implement regulations relating to the noise emission in the environment by equipment for use outdoors

07/03/01

03/07/01

N/A

European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 2000

2000/21/EC

Concerning the list of Community legislation referred to in the fifth indent of Article 13(1) of Council Directive 67/548/EEC

01/04/01

29/10/00

N/A

European Communities (Protection of Workers) (Exposure to Chemical Agents) Regulations, 2001

1998/24/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

05/05/01

N/A

Title of Bill/S.I.

Directive No.

Purpose

Deadline

Expected Trans-positiondate

Enforcement by EuropeanCommission if overdue

European Communities (Classification, Packaging and Labelling of Dangerous Substances) Regulations, 2000

2000/32/EC

ATP for 26th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

01/06/01

29/10/00

N/A

Fixed-term Work Directive Bill

1999/70/EC

To provide that fixed-term workers are not treated less favorably than comparable full-time workers and to prevent abuse arising from the use of successive fixed-term employment contracts.

10/07/01

31/07/01

N/A

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

1998/50/EC

To amend the present legislation to take account of extensive case law in this area.

17/07/01

31/07/01

N/A

Motor Vehicles Type Approval

2000/40/EC

Motor Vehicles Type Approval relating to the front underrun protection of motor vehicles and amending Council Directive 70/156/EEC

10/08/01

10/08/01

N/A

European Communities (Classification, Packaging and Labelling of Dangerous Substances) Regulations, 2000

2000/33/EC

ATP for 27th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

01/10/01

29/10/00

N/A

Industrial Designs Bill

1998/71/EC

To bring Ireland's Design legislation up to date, to implement the EU Directive on the Legal Protection of Designs and to implement the Agreement on Trade – Related aspects of Intellectual Property (TRIPS).

28/10/01

30/04/01N/A

European Communities (Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work) Regulations, 2001

2000/39/EC

To establish a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work

31/12/01

30/12/01

N/A

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

31/12/01N/A

Title of Bill/S.I.

Directive No.

Purpose

Deadline

Expected Trans-positiondate

Enforcement by European Commission if overdue

European Communities (Certain Legal Aspects of Information Society Services, in particular Electronic Commerce, in the Internal Market) Regulations, 2000

2000/31/EC

To transpose those provisions of Directive 2000/31/EC which were not transposed by the Electronic Commerce Act, 2000 (No. 27 of 2000)

17/01/02

31/12/00

N/A

To be decided.

1999/63/EC

To provide for the regulation of working time of seafarers

30/06/02

30/06/02

N/A

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.

30/06/02

30/06/02

N/A

Fourth Motor Insurance Directive

2000/26/EC

Approximation of the laws of the member states relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC

20/07/02

20/07/02

N/A

European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 2002.

1999/45/EC

Aims at the approximation of the laws, regulations and administrative provision of MS relating to classification, packaging and labelling of dangerous preparations

30/07/02

30/07/02

N/A

Directive of the European Parliament and the Council on combating late payment in commercial transactions

2000/35/EC

to combat late payments in commercial transactions

08/08/02

08/08/02

N/A

European Communities (Protection of Workers from the risks related to exposure to carcinogens at Work) Regulations, 2003

1999/38/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

31/12/00

N/A

European Communities (Safety and Health Protection of Workers Potentially at Risk from Explosive Atmospheres) Regulations, 2003

1999/92/EC

Introduction of measures to encourage improvements in the safety and health of workers at work

30/06/03

30/06/03

N/A

Copyright and Related Rights Bill

1992/100/EEC

Purpose of Directive is to, inter alia, harmonize 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

24/11/00

The European Commission took proceedings against Ireland under the terms of Article 226 (formerly Article 169) of the EC Treaty. The European Court of Justice has delivered declaratory judgments in favour of the Commission. The Commission has advised Ireland of the possibility of further legal action following from the two declaratory judgments delivered to date under Article 228 (formerly Article 171) of the Treaty in order to secure transposition. In view of the imminence of the commencement of the Copyright and Related Rights Act, 2000, this last matter is not expected to proceed further.

Title of Bill/S.I.

Directive No.

Purpose

Deadline

Expected Trans-positiondate

Enforcement by EuropeanCommission if overdue

Copyright and Related Rights Bill

1993/83/EC

Purpose of Directive is to, inter alia, harmonise the national rules of copyright in satellite broadcasting and cable retransmission 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

24/11/00

The European Commission took proceedings against Ireland under the terms of Article 226 (formerly Article 169) of the EC Treaty. The European Court of Justice has delivered declaratory judgments in favour of the Commission. The Commission has advised Ireland of the possibility of further legal action following from the two declaratory judgments delivered to date under Article 228 (formerly Article 171) of the Treaty in order to secure transposition. In view of the imminence of the commencement of the Copyright and Related Rights Act, 2000, this last matter is not expected to proceed further.

Copyright and Related Rights Bill

1996/9/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

24/11/00

The European Commission took proceedings against Ireland under the terms of Article 226 (formerly Article 169) of the EC Treaty. The European Court of Justice has delivered declaratory judgments in favour of the Commission; the case of this Directive remains sub judice.

Copyright and Related Rights Bill

1993/98/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

24/11/00

The European Commission took proceedings against Ireland under the terms of Article 226 (formerly Article 169) of the EC Treaty. The European Court of Justice has delivered declaratory judgments in favour of the Commission. The Commission has advised Ireland of the possibility of further legal action following from the two declaratory judgments delivered to date under Article 228 (formerly Article 171) of the Treaty in order to secure transposition. In view of the imminence of the commencement of the Copyright and Related Rights Act, 2000, this last matter is not expected to proceed further.

Carriage of Dangerous Goods By Road (Regulations), 2000

1994/55/EC

Applies to the transport of dangerous goods by road within or between member states.

01/01/97

31/12/00

The European Commission has initiated ECJ proceedings

Title of Bill/S.I.

Directive No.

Purpose

Deadline

Expected Trans-positiondate

Enforcement by EuropeanCommission if overdue

Carriage of Dangerous Goods by Road (Regulations), 2000

1995/50/EC

To lay down uniform procedures for checks on the transport of dangerous goods by road.

01/01/97

31/12/00

The European Commission has initiated ECJ proceedings

Carriage of Dangerous Goods By Road (Regulations), 2000

1996/86/EC

ATP Council Directive 94/55/EC relating to the transport of dangerous goods by road within or between member states

01/01/97

31/12/00

The European Commission has initiated ECJ proceedings

Safety, Health and Welfare at Work (General Application) Regulations, 2000

1995/63/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

30/11/00

The European Commission has issued a reasoned opinion, on missing the deadline

European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations, 2000

1996/82/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

30/09/00

The European Commission initiated ECJ proceedings

Carriage of Dangerous Goods By Road (Regulations), 2000

1999/47/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

31/12/00

None

European Communities (Safety Advisers for the Transport of Dangerous Goods by Rail, Road and Inland Waterway) Regulations, 2000

1996/35/EC

Requires that undertakings involved in the transport, or the related loading or unloading, of dangerous goods by road, rail and inland waterway must appoint a safety adviser or advisers.

31/12/99

31/12/00

None

European Communities (Indication of Prices of Foodstuffs and Non Food Products) Regulations, 2000

1998/6/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

20/12/00

Letter from the Commission requesting observations by 8th October on the non-transposition of the Directive

Please see across

1997/55/EC

Amends the Misleading Advertising Directive [84/450/EEC] to bring comparative advertising within its scope

23/04/00

Clarification is awaited from the Commission as to whether the Directive requires transposition given that comparative advertising is not prohibited under Irish law

European Communities (Protection of Consumers in Respect of Contracts concluded by means of Distance Communication) Regulations, 2000.

1997/7/EC

To protect consumers in respect of contracts concluded by means of distance communication.

04/06/00

15/12/00

Letter from the Commission requesting observations by 8th October on the non-transposition of the Directive

Safety, Health and Welfare at Work (Carcinogens) Regulations, 2000

1997/42/EC

Amending for the first time Directive 90/394/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

30/12/00

None

Title of Bill/S.I.

Directive No.

Purpose

Deadline

Expected Trans-positiondate

Enforcement by EuropeanCommission if overdue

European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 2000

1998/98/EC

Adapting for the 25th time Directive 67/548/EEC on the classification, packaging, labelling and notification of dangerous substances.

01/07/00

29/10/00

None

European Communities (Safety Advisers for the Transport of Dangerous Goods by Rail, Road and Inland Waterway) Regulations, 2000

2000/18/EC

Minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway

19/08/00

31/12/00

None