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Dáil Éireann díospóireacht -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Directives Implementation.

Ruairí Quinn

Ceist:

156 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the EC, ECSC or EURATOM directives wholly or partly under the auspices of her Department that are not fully implemented; the subject, date and reference number of each; the date on which implementation is or was due; the proposed mode of implementation, that is, a Bill or a statutory instrument; when it is proposed to implement the directive in each case; and if she will make a statement on the matter. [1061/98]

The following is the position regarding EU Directives:

Directive

Current Position Re. Drafting

93/103/EEC on minimum health and safety requirements for work on board fishing vessels

Due for implementation by S.I. on 23 November 1995. It is expected to be implemented in early 1998.

94/9/EC concerning equipment and protective systems for use in potentially explosive atmospheres

Due for implementation by S.I. on 1 September 1995. It is expected to be implemented in early 1998.

94/26/EC on electrical equipment for use in potentially explosive atmospheres

Due for implementation by S.I. on 31 March 1995. It is expected to be implemented in early 1998.

94/60/EC on restrictions on the marketing and use of certain hazardous substances and formulations

Due for implementation by S.I. on 20 December 1995. It is expected to be implemented in early 1998.

94/69/EC on classification, packaging and labelling of dangerous substances

Due for implementation by S.I. on 1 September 1996. It is expected to be implemented in early 1998.

95/30/EC on the protection of workers from risks related to exposure to biological agents at work

Due for implementation by S.I. on 30 November 1996. It is expected to be implemented in early 1998.

96/54/EC on classification, packaging and labelling of dangerous substances

Due for implementation by S.I. on 31 October 1997 and balance on 31 May 1998. It is expected to be implemented in early 1998.

97/10/EC on restrictions on the marketing and use of certain dangerous substances and preparations

Due to be implemented by S.I. on 31 December 1997. It is expected to be implemented in early 1998.

97/16/EC on the marketing and use of certain dangerous substances and preparations

Due for implementation by S.I. on 31 December 1997. It is expected to be implemented in early 1998.

94/27/EC on restrictions on the marketing and use of certain dangerous substances and preparations

Implementation date not yet available.

94/48/EC on the marketing and use of certain dangerous substances and preparations

Implementation date not yet available.

95/63/EC on the minimum safety and health requirements for the use of work equipment by workers at work

Due for implementation by S.I. on 5 December 1998. It is expected to be implemented by 5 December 1998.

96/55/EC on restrictions on the marketing of chlorinated solvents

Due to be implemented by S.I. on 30 June 1998. It is expected to be implemented by 30 June 1998.

96/56/EC on the classification, packaging and labelling of dangerous substances

Due for implemention by S.I. on 1 June 1998. It is expected to be implemented by early 1998.

96/65/EC on the classification, packaging and labelling of dangerous preparations

Due to be implemented by S.I. on 31 May 1998. It is expected to be implemented by 31 May 1998.

96/82/EC on the control of major accident hazards involving dangerous substances

Due to be implemented by S.I. on 3 February 1999. It is expected to be implemented by 3 February 1999.

96/94/EC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work

Due to be implemented by S.I. on 1 June 1998. It is expected to be implemented by 1 June 1998.

97/42/EC on the protection of workers from the risks related to exposure to carcinogens at work

Due to be implemented by S.I. on 27 June 1997. It is expected to be implemented by 27 June 1997.

97/53/EC on the approximation of the laws of member states on electrical equipment for use in potentially explosive atmospheres employing certain types of protection

Due to be implemented by S.I. on 31 May 1998. It is expected to be implemented by 31 May 1998.

97/56/EC on restrictions on the marketing and use of certain dangerous substances and preparations

Due to be implemented by S.I. on 4 December 1998. It is expected to be implemented by 4 December 1998.

97/59/EC on the protection of workers from risks related to exposure to biological agents at work

Due to be implemented by S.I. on 31 March 1998. It is expected to be implemented by 31 March 1998.

97/64/EC on restrictions on the marketing and use of certain substances and preparations (lamp oils)

Due to be implemented by S.I. on 30 June 1998. It is expected to be implemented by 30 June 1998.

97/65/EC on the protection of workers from risks related to exposure to biological agents at work

Due to be implemented by S.I. on 30 June 1998. It is expected to be implemented by 30 June 1998.

.83/EEC – co-ordination of certain rules concering copyright and rights relating to copyright, applying to satellite broadcasting and cable transmission.

These directives will be implemented in the context of a new Copyright and Related Rights Bill which is currently being drafted. 250 Heads have been drafted and submitted to the Attorney General's Office to date.

92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property.

92/9/EC on the legal protection of databases.

93/98/EEC (Article 2.1 only) on term of protection of copyright and certain related rights

95/16/EC on the approximation of the laws of the member states relating to lifts.

Due for implementation on 1 July, 1997. Proposed date for implementation is early 1998 by Statutory Instrument.

96/71/EC posting of workers in the framework of the provision of services

Due for implementation by 16 December 1999. Will be implemented by Bill.

97/81/EC on the framework agreement on part-time workconcluded by UNICE, CEEP and the ETUC.

Due for implementation by 20 January, 2000. Will be implemented by Bill.

94/8/EC on revision of thresholds for small and medium sized company status in company law

The directive is completely optional. Implementation was examined in 1996. At the time it was decided not to implement the directive due to the preparation of a Draft Financial Reporting Standard for smaller entities, FRSSE, by the consultative committee of accounting bodies, which was designed to relieve small companies of some of the burdens. This standard was adopted at the end of 1997. The EU is likely to review the threshold limits in advance of the introduction of the Euro and it can be further examined at that stage.

95/26/EC of 29 June 1995 amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Dire ctives73/239 and 92/49/EEC in the field of non-life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities, UCITS, with a view to reinforcing prudential supervision.

Directive 95/26/EC was due to be implemented by 18 July 1996. Amendments in the fields of assurance and non-life insurance dealt with in the “BCCI” directive have been implemented by this Department, and I understand amendments involving the fields of credit institutions and investment have been implemented by the Department of Finance. In so far as UCITs is concerned, work is advanced on amending the UCITS Regulations, SI No. 78 of 1989, which implemented Directive 85/611/EEC. This amendment will cover the relevant provisions of Directive 95/26/EC. It is hoped that the work will be completed by summer 1998.

97/37/EC on textile names

The Directive is due for implementation by 1/6/1998. A draft S.I. is being prepared for submission to the Attorney General at present.

97/4/EC on food labelling

The Directive is due for implementation by 14/8/1998. A draft S.I. is being prepared for submission to the Attorney General at present.

97/7/EC on distance contracts

The Directive is due for implementation by 3/6/2000. It is expected that implementation by S.I. will be before the due date.

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