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Dáil Éireann díospóireacht -
Tuesday, 24 Oct 1989

Vol. 392 No. 1

Written Answers. - EC Directives on Internal Market.

86.

asked the Minister for Finance if, in respect of the 1992 European project and the completion of the internal market and in respect of the 279 directives which together comprise the legislative task necessary to give legal effect towards the completion of the internal market, he will give the following information in so far as it impacts upon his Department: (i) the number of directives that have been passed and the title of each directive so categorised, (ii) the number of directives which remain to be passed and the title of each directive so categorised and (iii) the number of directives which have been passed, delayed or otherwise held up as a consequence of reservations entered by his Department; if, in respect of such delays or reservations he will give details of the Irish position; the action, if any, he proposes to take in order to ensure that the 1992 project is achieved and Ireland's interests are safeguarded; and if he will make a statement on the matter.

The information which the Deputy has requested is set out hereunder. With regard to the completion of the internal market as it impacts upon my Department, the legislative process is well under way. A total of 23 directives and regulations has already been passed, while a further 38 directives and regulations remain to be passed. While Ireland has entered formal reservations on a small number of proposals, other countries also have entered reservations on the same proposals. No proposal, therefore, is delayed or otherwise held up solely on the basis of reservations entered by my Department. In relation to the realisation of the internal market, I intend, in so far as my remit as Minister for Finance is concerned, to continue to participate constructively in the ongoing discussion of the various measures needed to bring the internal market to fruition, in that process, I fully intend to safeguard Ireland's interests.

(i) The number of directives and regulations that have been passed is 23. The title of each directive so categorised is as follows:—

Public Procurement

1. Council Directive 88/295/EEC of 22 March 1988 amending Directive 77/62/EEC relating to the co-ordination of procedures on the award of public supply contracts and repealing certain provisions of Directive 80/767/EEC.

2. Council Directive 89/440/EEC of 18 July 1989 amending Directive 71/305/EEC concerning co-ordination of procedures for the award of public works contracts.

Liberalisation of capital movements

3. Council Directive 85/583/EEC of 20 December 1985 amending the Directive of 11 May 1960 for the implementation of Article 67 of the Treaty. (Liberalisation of units in collective investment undertakings for transferable securities).

4. Council Directive 86/566/EEC of 17 November 1986 amending the Directive of 11 May 1960 for the implementation of Article 67 of the Treaty. (Liberalisation of operations such as transactions in securities not dealt in on a stock exchange, admission of securities on the capital market and long-term commercial credits.)

5. Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty. (Full liberalisation of capital movements.)

Financial Services

6. Council Directive 86/635/EEC of 8 December 1986, on annual accounts and consolidated accounts of banks and other financial institutions.

7. Council Directive 89/299/EEC of 17 April 1989, on own funds of credit institutions.

8. Council Directive 89/117/EEC of 13 February 1989, on obligations of branches established in a member state of credit institutions and financial institutions having their head offices outside that member state regarding the publication of annual accounting documents.

Customs, Excise and VAT

9. Council Regulation (EEC) No. 1900/85 of 8 July 1985 introducing Community import and export declaration forms.

10. Council Regulation (EEC) No. 1901/85 of 8 July 1985 amending Regulation (EEC) No. 222/77 on Community transit.

11. Council Regulation No. 1674/87 of 11 June 1987 amending Regulation (EEC) No. 222/77 on Community transit.

12. Council Regulation (EEC) 4283/88 of 21 December 1988 on the abolition of exit formalities at internal Community frontiers — introduction of common border posts.

13. Council Directive 85/347/EEC of 8 July 1985 amending Directive 68/297/EEC on the standardisation of provisions regarding the duty-free admission of fuel contained in the fuel tanks of commercial motor vehicles.

14. Council Regulation (EEC) No. 1797/86 of 9 June 1986 abolishing certain postal fees for customs presentation.

15. Council Directive 85/348/EEC of 8 July 1985, amending Directive 69/169/EEC on the harmonisation of provisions relating to exemption from turnover tax and excise duty on imports in international travel.

16. Council Directive 87/198/EEC of 16 March 1987 amending Directive 69/169/EEC (as 15 above).

17. Council Directive 88/664/EEC of 21 December 1988 amending Directive 69/169/EEC (as 15 above).

18. Council Directive 85/349/EEC of 8 July 1985 amending Directive 74/65/EEC on the tax reliefs to be allowed on the importation of goods in small consignments of a non-commercial character within the Community.

19. Council Directive 88/663/EEC of 21 December 1988 amending Directive 74/65/EEC (as 16 above).

20. Council Directive 88/331/EEC of 13 June 1988 amending Directive 83/181/EEC as regards exemption from value added tax on the final importation of certain goods.

21. 17th Council Directive 85/362/EEC of 16 July 1985 on the exemption from value added tax on the temporary importation of goods other than means of transport.

22. 13th Council Directive 86/560/EEC of 17 November 1986 on the harmonisation of the laws of the member states relating to turnover taxes — arrangements for the refund of value added tax to taxable persons not established in Community territory.

23. 18th VAT Directive concerning the abolition of certain derogations (Article 28 (3) of Directive 77/388/EEC).

(ii) The number of directives and regulations which remain to be passed is 38. The titles of these are as follows:

Public Procurement

1. Co-ordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.

2. Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (all these sectors now to be included in one proposal).

3. Public procurement in the field of services.

Financial Services

4. Solvency ratio for credit institutions.

5. Second Council directive on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC.

6. Freedom of establishment and services in the field of mortgage credit.

7. Reorganisation and winding up of credit institutions and deposit guarantee schemes.

8. Investment services in the securities field.

9. Capital adequacy of investment firms, including credit institutions (not yet submitted to Council).

10. Co-ordination of regulations on insider dealing.

Customs, Excise and VAT

The EC Commission has yet to bring forward formal proposals for directives in a number of areas; in the case of indirect tax harmonisation, a number of formal proposals already tabled by the Commission are now out of date and are to be replaced by fresh proposals. The following is a list of proposed directives or regulations which have been tabled so far by the Commission and which are not yet adopted; those which are to be replaced, or are likely to be replaced, by alternative proposals from the Commission are marked with an asterisk.

11. Proposal for a Council directive on duty-free admission of fuel in the fuel tanks of commercial motor vehicles (partially adopted).

12. Proposal for a Council regulation on the elimination of controls performed at the frontier of member states in the field of road and inland waterway transport.

13. Proposal for a Council directive amending Directive 83/183/EEC on tax exemptions applicable to permanent imports from a member state of the personal property of individuals.

14. Proposal for a Council directive amending Directive 83/182/EEC on tax exemptions within the Community for certain means of transport temporarily imported into one member state from another.

15. Proposal for a Council directive on the easing of controls and formalities applicable to nationals of the member states when crossing intra-Community borders.

16. Proposal for a 16th Council directive concerning the imposition of VAT on importation of used goods by private individuals.

17. Proposal for a 19th Council directive amending Directive 77/388/EEC.

18. *Proposal for a Council directive on the approximation of VAT rates.

19. *Proposal for a Council directive instituting a process of convergence of value added tax and excise duties.

20. *Proposal for a Council directive completing and amending Directive 77/388/EEC — removal of fiscal frontiers.

21. *Proposal for a 12th Council directive concerning expenditure on which tax is not deductible.

22. Proposal for a Council directive amending Directive 77/388/EEC on the application of the common value added system to small and medium-sized businesses.

23. Proposal for a 7th Council directive on the application of VAT to secondhand goods, works of art, antiques and collectors' items.

24. Proposal for a Council directive on the Community value added tax and excise duty procedure applicable to the stores of vessels, aircraft and international trains.

25. *Proposal for a Council directive on the harmonisation of excise duties on alcohol.

26. *Proposal for a Council directive concerning a harmonised excise duty on wine.

27. *Proposal for a Council directive concerning the harmonisation of excise duties on beer.

28. *Proposal for a Council directive concerning the harmonisation of excise duties on fortified wine and similar products.

29. *Proposal for a Council directive laying down certain rules on indirect taxes which affect the consumption of alcoholic drinks.

30. *Proposal for a Council directive concerning the harmonisation of excise duties on mineral oils.

31. *Proposal for a Council directive on approximation of the rates of excise duty on alcoholic drinks and on the alcohol contained in other products.

32. *Proposal for a Council directive on approximation of the taxes on cigarettes.

33. *Proposal for a Council directive on approximation of taxes on manufactured tobacco other than cigarettes.

34. *Proposal for a Council directive on approximation of rates of excise duty on mineral oils.

Taxation of Companies

35. Proposal for a directive on the common system of taxation applicable to parent companies and their subsidiaries of different member states.

36. Proposal for a directive on the common system of taxation applicable to mergers, divisions and transfers of assets between companies from different member states.

Income Tax

37. Proposal for a directive on harmonisation of income taxation provisions with respect to freedom of movement of workers within the Community.

Taxation of Securities

38. Proposal for a directive on harmonisation of taxes on transactions in securities.

(iii) The number of regulations and directives already passed has been indicated in response to (i) above. As I have already indicated, while my Department have entered formal reservations on a small number of proposals, other countries also have entered reservations on the same proposals. No proposal, therefore, is being delayed or held up solely on the basis of reservations entered by my Department.

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