Vol. 525 No. 2
233 Mr. Sargent asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will detail, from the time of the present Dáil, the financial penalties imposed on the Government resulting from the failure of her Department to comply with EU directives; and the legal proceedings that are now pending by the EU as a result of the failure of her Department to comply with EU directives. [24132/00]
There have been no financial penalties imposed as a result of the failure to transpose EU directives on time. Details in regard to legal proceedings currently pending are set out in the following table.
|
Title of Bill/S.I. |
Directive No. |
Purpose |
Deadline |
Expected Transposition date |
Legal Proceedings |
|
Copyright and Related Rights Bill |
1992/100/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 |
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 |
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. |
|
Title of Bill/S.I. |
Directive No. |
Purpose |
Deadline |
Expected Transposition date |
Legal Proceedings |
|
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. |
|
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. |
|
Safeguarding of Employees Rights on the Transfer of Undertakings (Regulations SI 306/1980) |
77/187/EEC |
Safeguarding of employees rights in the event of transfer of undertakings, business or part of business |
14/02/79 |
Transposedon 03/10/80 |
The European Commission has issued a Reasoned Opinion in relation to certain aspects of the transposition |
|
Collective Redundancies by Protection of Employment Act (7 of 1977) |
75/129/EEC |
Approximation of the laws of Member States in relation to collective redundancies |
17/02/77 |
Transposedon 10/05/77 |
The European Commission has issued a Reasoned Opinion in relation to certain aspects of the transposition which require amending regulations regarding consultation with employees |
|
Collective Redundancies by Employment Order 1976 through Protection of Employment Act (SI 370 of 1996) |
92/56/EEC |
Amending Directive 75/129/EEC on Collective Redundancies |
23/08/94 |
Transposedon 09/12/96 |
The European Commission has issued a Reasoned Opinion in relation to certain aspects of the transposition which require amending regulations regarding consultation with employees |
|
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 Transposition date |
Legal Proceedings |
|
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 |
|
Minimum Health and safety Requirements on Board Fishing Vessels |
93/103/EEC |
Safety requirement to work on board fishing vessels. |
23/11/95 |
TransposedOctober 1999 |
The ECJ ruled against Ireland for failure to implement this Directive by the due date. Commission has now been notified of the transposition and it is expected that this matter will not proceed further |
