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EU Directives.

Dáil Éireann Debate, Tuesday - 14 November 2006

Tuesday, 14 November 2006

Questions (155)

Bernard Allen

Question:

219 Mr. Allen asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of EU directives awaiting transposition in his Department; the date by which these directives are to be, or were to be, transposed into Irish law; the number of such EU directives which are overdue for transposition; when he expects that overdue directives will be transposed; and if he will make a statement on the matter. [37869/06]

View answer

Written answers

The information requested by the Deputy is set out in the following table. I would also like to point out that there are no Directives currently overdue for transposition in my Department.

EU Measure

Transposition date

Current position

1

Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data

05/09/2006

The transposition deadline is 6 September 2006. However this date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The Immigration and Residence Bill will, in the main, provide the legislative vehicle for implementing the provisions of this Directive. Drafting of this Bill is at an advanced stage.

2

Council Directive 2005/7/EC of 12 October 2005 relating to the specific admission procedure for third-country nationals for the purpose of scientific research

12/10/2007

This Directive is not due to be transposed for some time. Work is under way to allow for its transposition into legislation.

3

Council Directive 2005/85/CE of 1 December 2005, relating to the minimum standards concerning the procedure for granting and withdrawal of refugee status in the Member States

1/12/20071/12/2008 (Article 15)

This Directive is not due to be transposed for some time. Work is under way to allow for its transposition into legislation.

4

Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

21/12/2007

This Directive is not due to be transposed for some time. Work is under way to allow for its transposition into legislation.

5

Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence

5/12/2004

The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The legislative changes required to transpose this Directive will be brought forward by means of the Criminal Justice (Miscellaneous Provisions) Bill which is expected to be published in early 2007.

6

Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals

Original Deadline: 2/12/2002 (no longer relevant)

The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. Due to difficulties in Member States in implementing this Directive, the instrument is due to be repealed by the draft Council Directive on common standards on procedures in Member States for returning illegally staying third country nationals. Discussions on this instrument are ongoing at Council working group level.

7

Directive 2006/24/EC of 15 March 2006 of the European Parliament and Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.

17/9/2007

Ireland has challenged the legal base of this Directive before the European Court of Justice. Proceedings are currently ongoing in relation to this case.

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