Dáil Éireann Debate, Tuesday - 2 February 2010
147 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of EU directives for which her Department has responsibility remaining to be implemented; the directives that are overdue; the number of reasoned opinions received from the EU Commission since 2002 regarding delays or non-implementation of such directives; and if she will make a statement on the matter. [4850/10]
View answer175 Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment 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 she intends to transpose them into domestic law; and if she will make a statement on the matter. [4712/10]
View answerI propose to take Questions Nos. 147 and 175 together.
There are currently a total of 15 EU Directives due to be transposed by my Department up to 2012. The following table provides details of the current position in relation to each Directive currently awaiting transposition within my Department, the date of adoption of each Directive, whether transposition will be by way of Primary or Secondary legislation and the current deadline for transposition. In addition full details on the state of play of all current EU Directives due for transposition are maintained on the Department's website, www.entemp.ie.
My Department has received 26 Reasoned Opinions from the European Commission relating to Directives since 2002. All but one of the outstanding issues has been settled satisfactorily. The remaining issue concerns Directive 2006/43 which is currently overdue and awaiting transposition.
The transposition of EU Directives is an ongoing priority in my Department and is reported to the Management Board on a regular basis.
|
Directives to be Transposed in 2008 (One) |
||||
|---|---|---|---|---|
|
Description of Directive |
Date adopted |
Primary/ Secondary Legislation |
Deadline for Transposition |
Current position |
|
1. Directive 2006/43/EC on statutory audits of annual and consolidated accounts |
17/05/2006 |
Secondary |
29/6/2008 Section: Company Law Administration |
Drafting regulations being finalised. Expected date of transposition 26 February 2010 Infringement: European Court of Justice proceedings (Case C-294/09) initiated by Commission on 26 June 2009. Infringement No. 2008/0552 OVERDUE |
|
Description of Directive |
Date adopted |
Primary/ Secondary Legislation |
Deadline for Transposition |
Current position |
|
2. Directive 2006/123/EC on services in the internal market. |
12/12/2006 |
Secondary |
28/12/2009 Section: Internal Market |
Work on the transposition of the Directive is continuing. On 9 March 2009, the Department published, on its website, a draft Regulatory Impact Analysis on the Directive. On 4th August 2009, the Department published a Consultation Document, also on its website, on the transposition of the Directive. The deadline for the receipt of comments on the Consultation Document (which will be published on the website) was 30 September 2009. The comments received from stakeholders were published on the Department’s website. Expected date of transposition end July 2010 OVERDUE |
|
3. Directive 2009/3/EC on units of measurement |
11/03/2009 |
Secondary |
31/12/2009 Section: NSAI Liaison |
Regulations being prepared Expected date of transposition February 2010 OVERDUE |
|
Description of Directive |
Date adopted |
Primary/ Secondary Legislation |
Deadline for Transposition |
Current position |
|
4. Directive 2006/25/EC on the minimum Health and Safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) |
05/04/2006 |
Secondary |
27/4/2010 Section: H.S.A. Liaison |
Drafting request issued to AG’s Office |
|
5. Directive 2009/121/EC naming a new textile Melamine |
14/09/2009 |
Secondary |
15/9/2010 Section: Competition and Consumer Policy |
Drafting is in progress |
|
6. Directive 2009/122/EC describing the method of analysis for “Melamine” |
14/09/2009 |
Secondary |
15/9/2010 Section: Competition and Consumer Policy |
Drafting is in progress |
|
7. Directive 2009/49/EC amendment regarding certain disclosure requirements for medium-sized companies and the obligation to draw up consolidated accounts |
18/06/2009 |
Secondary |
31/12/2010 Section: Company Law |
Drafting has not yet commenced |
|
Description of Directive |
Date adopted |
Primary/ Secondary Legislation |
Deadline for Transposition |
Current position |
|
8. Directive 2009/48/EC on the safety of toys |
18/06/2009 |
Secondary |
20/01/2011 Section: NSAI Liaison |
Drafting has not yet commenced |
|
9. Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. |
14/01/2009 |
Secondary |
23/02/2011 Section: Competition and Consumer Policy |
Draft Regulations have been forwarded to the OPC for drafting. |
|
10. Directive 2009/38/EC on a European Works Council |
06/05/2009 |
Primary |
05/06/2011 Section: Industrial Relations |
Consultation with the Social Partners about to commence. Primary legislation will then be drafted and transposition is expected to be completed by the deadline. |
|
11. Directive 2009/127 on machinery for pesticide application |
21/10/2009 |
Secondary |
15/06/2011 Section: NSAI Liaison |
Drafting has not yet commenced |
|
12. Directive 2009/43/EC on simplifying terms and conditions of transfers of defence-related products within the Community |
06/05/2009 |
Primary |
30/06/2011 Section: Market Access Unit |
Drafting has not yet commenced |
|
13. Directive 2008/104/EC on temporary agency workers |
19/11/2008 |
Primary |
05/12/2011 Section: Employment Rights |
Drafting has not yet commenced |
|
14. Directive 2009/109/ECamendment on the reporting and documentation requirements in the case of mergers and divisions |
16/09/2009 |
Secondary |
30/06/2011 Section: Company Law |
Drafting has not yet commenced |
|
Description of Directive |
Date Adopted |
Primary/ Secondary Legislation |
Deadline for Transposition |
Current position |
|
15. Directive 2008/46/EC amendment on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) |
23/04/2008 |
Secondary |
27/4/2012 Section: H.S.A. Liaison |
Transposition date delayed until 2012 as original Directive (2007/30/EC) is amended by Directive 2008/46/EC to take account of possible impact on MRI scanners |
