Dáil Éireann Debate, Tuesday - 20 March 2007
238 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 the overdue directives will be transposed; and if he will make a statement on the matter. [10056/07]
View answerThe information requested by the Deputy is set out in the table. I would 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 |
Work is under way to allow for transposition into domestic legislation. |
|
3 |
Council Directive 2005/85/EC 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) |
Work is underway to allow for transposition into domestic 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 |
Work is under way to allow for transposition into domestic 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 this year. |
|
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. 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. |
|
8 |
Directive 2005/60/EC of the European Parliament and the Council of 26 October 2005 on the prevention of the use of financial systems for the purpose of money laundering and terrorist financing |
15/12/2007 |
The Minister for Finance has the overall responsibility for the implementation of the Directive. However, a number of amendments to the criminal law will also arise for which my Department is responsible. Arrangements for the assessment of the legislative changes required are already in train with a view to meeting the transposition deadline. |
