Dáil Éireann debate -
Tuesday, 14 Oct 2003

Vol. 572 No. 3

Written Answers. - EU Directives.

Jim O'Keeffe

Question:

197 Mr. J. O'Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the EU directives relevant to her Department which are awaiting implementation; the nature of the directives; when each was passed by the Council of Ministers; the date for implementation; if the Government sought a derogation; and if she will meet the deadline as required. [23338/03]

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

The current position in relation to the transposition of EU directives for which my Department is responsible is available on my Department's website at www.entemp.ie/ecd/eudirectives The website contains details of the purpose of each directive, the current position in respect of implementation, the deadline for implementation and the expected date of implementation. The number of each directive listed details the year when the directive was adopted by the Council of Ministers.

There are currently no directives awaiting implementation for which Ireland has received a derogation. However, the following two directives contain provisions, which allow member states, if applicable, to avail of a derogation: Directive 2002/14/EC and Directive 2002/14/EC establishes a general framework for informing and consulting employees in the European Community. Provision is made in Article 3 for member states to derogate from the directive "through particular provisions applicable to the crews of vessels plying the high seas". No decision has been made yet as to whether Ireland will avail of this derogation.

The date for transposition of the directive into Irish national law is 23 March 2005. Article 10 provides for certain transitional arrangements allowing for staged implementation up to March 2008 for countries that at the date of entry into force of the directive have no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose. Given that Ireland does not have a general, permanent and statutory system of information and consultation of employees, it is proposed to phase in the scope of the legislation in line with these transitional provisions.

As regards Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (thedroit de suite directive) contains a derogation allowing member states that did not apply a resale right at the date of entry into force of the directive to postpone the application of the levy to works of qualifying deceased artists from the transposition date (before 1 January 2006) to a date not later than 1 January 2010. (The droit de suite applies to qualifying works for a term of 70 years following the death of the author.) Ireland qualifies for this derogation. The question of whether Ireland will avail of the derogation remains to be considered.

I am satisfied that my Department is giving all due priority to the task of implementing the provisions of EU directives, in light of the available resources.

Question No. 198 answered with Question No. 176.