EU Directives.

Tuesday, 2 February 2010

Questions (147)

Joe Costello

Question:

232 Deputy Joe Costello asked the Minister for Finance if there are EU directives which require to be transposed into primary or secondary legislation; the list of such directives; the date they were drafted by the Commission; when he intends to transpose them into domestic law; and if he will make a statement on the matter. [4714/10]

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Written answers

Minister for Finance (Deputy Brian Lenihan)

There are currently three directives awaiting transposition into primary or secondary legislation under my Department's responsibility which have exceeded their transposition deadline. In the case of two of these the transposition timeline was late last year and it is expected that they will be transposed by means of Statutory Instrument shortly. The third outstanding directive has a January 2010 transposition date and will be brought into effect in the 2010 Finance Bill. A further four directives are due for transposition before the end of this year and three others are due in 2011. There is one directive with a transposition deadline of 2012. Details of these directives are set out in the following table. My Department is working to ensure the comprehensive transposition of these directives.

EU Directives to be transposed by the Department of Finance Directives overdue for transposition

Directive Number	Date of Adoption Transposition Deadline	Expected Transposition Date	Likely Method of Transposition
2007/60/EC Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks	23/10/200726/11/2009	A draft SI to transpose this directive into secondary legislation is nearing completion and will be signed within the next month.	Statutory Instrument
2007/66/EC Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts	11/12/2007 20/12/2009	It is anticipated that the Regulations will come into force shortly once the necessary Statutory Instrument is signed.	Statutory Instrument
2008/118/EC Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC	16/12/2008 01/01/2010	March 2010	Finance Bill

Directives due to be transposed by end 2010

Directive Number	Date of Adoption Transposition Deadline	Expected Transposition Date	Likely Method of Transposition
2009/44/EC Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (Text with EEA relevance)	06/05/2009 30/12/2010	By transposition deadline	Statutory Instrument
Directive 2008/48/EC Directive 2008/48/EC establishes a harmonised legal framework for the provision of credit in the EU. It replaces Directive 87/102/EEC which laid down minimum rules for consumer credit agreements within the EU.	22/05/2008 10/06/2010	By transposition deadline	Statutory Instrument
Directive 2009/83/EC Commission Directive 2009/83/EC of 27 July 2009 amending certain Annexes to Directive 2006/48/EC of the European Parliament and of the Council as regards technical provisions concerning risk management (Text with EEA relevance)	27/07/2009 31/10/2010	By transposition deadline	Statutory Instrument
2009/111/EC Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management (Text with EEA relevance)	16/12/2008 31/12/2010	By transposition deadline	Statutory Instrument

Directives due to be transposed in 2011 and 2012

Directive Number	Date of Adoption Transposition Deadline	Expected Transposition Date	Likely Method of Transposition
Directive 2009/110/EC Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC	16/12/2009 30/04/2011	By transposition deadline	Statutory Instrument
Directive 2009/69/EC Council Directive 2009/69/EC of 25 June 2009 amending Directive 2006/112/EC on the common system of value added tax as regards tax evasion linked to imports	25/06/2009 01/01/2011	March 2010	Finance Bill
Directive 2009/162/EC Council Directive 2009/162/EU of 22 December 2009 amending various provisions of directive 2006.112/EC on the common system of value added tax. This is a technical Directive.	22/12/2009 01/01/2011	By Transposition deadline	Statuary Instrument (Ministerial Regulations under the European Communities Act
Directive 2009/138/EC Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (Text with EEA relevance)	25/11/2009 31/12/2012	By transposition deadline	Statutory Instrument