Vol. 521 No. 1
64 Mr. McDowell asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to ensure the speedy implementation of the 39 EU directives for which her Department has responsibility, particularly the 30 directives in respect of which the deadline for implementation has passed; and if she will make a statement on the matter. [16506/00]
Monitoring of progress in implementing directives is supported by information from a database. The database is updated on a weekly basis and contains details of the status of implementation. The current position is contained in the following table. This shows 45 directives for implementation, for 20 of which the implementation deadline has passed. It also shows that 35 are scheduled to be implemented by the end of the year.
|
Title of S.I. or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Positionre drafting |
Expected Transposition Date |
|
Copyright and Related Rights Bill |
92/100/EEC |
Purpose of Directive is to, inter alia, harmonise the legal protection of rental and lending rights of authors, performers and producers in Member States. The terms of this Directive will be implemented into Irish law in the context of the new Copyright and Related Rights Bill. |
01.07.94 |
The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. The Bill is awaiting Report Stage in the Dáil. |
July 2000 |
|
Copyright and Related Rights Bill |
93/83/EEC |
Purpose of Directive is to, inter alia, harmonise the national rules of copyright in satellite broadcasting and cable retransmissions in Member States. The terms of this Directive will be implemented into Irish law in the context of the new copyright and Related Rights Bill. |
01.01.95 |
The copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. The Bill is awaiting Report Stage in the Dáil. |
July 2000 |
|
Carriage of Dangerous Goods by Road (Regulations) 2000 |
94/55/EC |
Applies to the transport of dangerous goods by road within or between Member States. |
01.01.97 |
Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dir. 95/50, 96/86 and 99/47. |
Mid 2000 |
|
Carriage of Dangerous Goods by Road (Regulations) 2000 |
95/50/EC |
To lay down uniform procedures for checks on the transport of dangerous goods by road. |
01.01.97 |
Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dirs. 94/55, 96/86 and 99/47. |
Mid 2000 |
|
Carriage of Dangerous Goods by Road (Regulations) 2000 |
96/86/EC |
ATP Council Directive 94/55/EC relating to the transport of dangerous goods by road within or between Member States. |
01.01.97 |
Regulations being examined by the Parliamentary Draftsman's office. (ECJ Proceedings received) – This Directive will be implemented with Dirs. 94/55, 95/50 and 99/47. |
Mid 2000 |
|
Copyright and Related Rights Bill |
93/98/EEC |
The purpose of this Directive is to harmonise the term of protection of copyright and certain related rights. Article 2(1) provides that the Principal Director of a cinematographic or audiovisual work shall be considered as its Author or one of its Authors. The other Articles of 93/98EEC are implemented vis-à-vis S.I. No. 158 of 1995 – European Communities (Term of Protection of copyright) Regulations 1995. The terms of the entire Directive will be implemented in the Copyright and Related Rights Bill. |
01.07.97 |
The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee Stage in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. The Bill is awaiting Report Stage in the Dáil. |
July 2000 |
|
Title of S.I. or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Positionre drafting |
Expected Transposition Date |
|
Copyright and Related Rights Bill |
92/09/EC |
Purpose of Directive is to, inter alia, harmonise the protection for Databases in Member States. The terms of this Directive will be implemented into Irish law in the context of the new Copyright and Related Rights Bill. |
01.01.98 |
The Copyright and Related Rights Bill was published in April, 1999. The Bill has passed all stages in the Seanad, and completed its Second Reading in the Dáil on 11 November, 1999. Committee State in the Dáil commenced on 18 January 2000 and was completed on 18 April 2000. The Bill awaiting Report State in the Dáil. |
July 2000 |
|
Safety, Health and Welfare at Work (General Application) Regulations, 2000 |
95/63/EC |
Amending directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work. |
05.12.98 |
Draft Regulations are being examined by the Parliamentary Draftsman's office. (Reasoned Opinion recd.) |
Mid 2000 |
|
European Communities (control of major accident hazards involving dangerous substances) Regulations, 2000 |
96/82/EC |
To prevent major accidents which involve dangerous substances and the limitation of their consequences for people and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner. |
03.02.99 |
Final Draft Regulations have been examined by the Attorney General's Office and it is expected to be signed by Tanaiste within a few weeks – (Reasoned Opinion reced.) |
Mid 2000 |
|
Carriage of Dangerous Goods by Road (Regulations) 2000 |
99/47/EC |
Adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of MS with regard to the transport of dangerous goods by road. |
01.07.99 |
Draft Regulations being examined by the Parliamentary Draftsman's office. This Directive will be implemented with Dirs. 94/55, 95/50 and 96/86. |
Mid 2000 |
|
European Communities (Safety Advisers) Regulations, 2000 |
96/35/EC |
Requires that undertakings involved in the transport, or the related unloading or unloading, of dangerous goods by road, rail and inland waterway must appoint a safety adviser or advisers. |
31.12.99 |
Regulations being examined by the Parliamentary Draftsman's office. |
Mid/Late 2000 |
|
Commission Directive on Motor Vehicle Type Approval relating to the engine power of motor vehicles |
1999/99/EC |
To implement Regulations concerning type approval of the engine power of motor vehicles. |
31/12/99 |
Regulations being prepared. |
30/06/00 |
|
Commission directive relating to measures to be taken against air pollution by emissions from motor vehicles |
1999/102/EC |
To implement regulations concerning type approval of measures to be taken against air pollution by emissions from motor vehicles. |
31/12/99 |
Regulations being prepared. |
30/06/00 |
|
European Communities (Indication of Prices of Foodstuffs and Non Food Products) Regulations, 2000 |
98/06/EC |
To replace and extend the existing provisions requiring an indication of the selling price and the price per unit of measurement of products in order to improve consumer information and to facilitate comparison of prices. |
18.03.00 |
Drafting has commenced. |
End July 2000 |
|
Title of S.I. or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Positionre drafting |
Expected Transposition Date |
|
Commission directive relating to the permissible sound level and exhaust system of motor vehicles |
1999/101/EC |
To implement regulations concerning the type approval of the permissible sound level and exhaust system of motor vehicles. |
31/03/2000 |
Regulations being prepared. |
30/06/2000 |
|
European Communities (Consumer Credit) Regulations Bill 2000 |
98/07/EC |
Implement 98/07/EC, which requires offers of credit, where a rate of interest is indicated, to include a statement of the annual percentage rate of charge (APR). |
01.04.00 |
The Regulations have been sent to the Attorney General's Office for settling. |
Mid/Late 2000 |
|
European Communities (Misleading and Comparative Advertising) Regulations, 2000 |
97/55/EC |
Amends the Misleading Advertising Directive [84/450/EEC] to bring comparative advertising within its scope. |
23.04.00 |
Matter is still under consideration as to the form of transposition of the Directive. Currently awaiting response from the Commission. |
Mid 2000 |
|
European Communities (Safety Advisers) Regulations, 2000 |
2000/18/EC |
Minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway. |
19.05.00 |
The Directive will be implemented with Directive 96/35/EC of which draft Regulations are being examined by the Parliamentary Draftsman's office. |
Mid/Late 2000 |
|
European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000 |
93/13/EEC |
To give further effect to Directive 93/13/EEC to give effect to provisions of the Directive not properly transposed in the European communities (Unfair Terms in consumer Contracts) (Amendment) Regulations, 1995 (S.I. No. 27 of 1995). |
31.05.00 |
Settled by the Attorney General. Being prepared for submission to the Tanaiste. |
Late July 2000 |
|
European Communities (Protection of Consumers in Respect of Distant Contracts) Regulations 2000 or Protection of Consumers in Respect of Distant Contracts Bill 2000 |
97/07/EC |
To protect consumers who enter into distant contracts, e.g. e. commerce, mail order, teleshopping, etc. |
04.06.00 |
The Regulations have been drafted and are being prepared for approval prior to being forward to the Attorney General's Office for settling. |
Autumn 2000 |
|
European Communities (Classification, Packaging and Labelling of Dangerous Preparations) 2000 |
99/45/EC |
Aims at the approximation of the laws, regulations and administrative provision of MS relating to classification, packaging and labelling of dangerous preparations. |
22.06.00 |
Health and Safety Authority to prepare Regulations |
Late September 2000 |
|
Safety, Health and Welfare at Work (Carcinogens) Regulations 2000 |
97/42/EC |
Amending for the first time Directive 90/304/EEC on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) |
27.06.00 |
Regulations to be prepared by Health and Safety Authority. |
Late September 2000 |
|
EC (Machinery) Regulations 1999 |
98/37/EC |
To consolidate all the Machinery Directives into one Directive |
30.06.00 |
with AG's Office |
30/06/00 |
|
European Communities (Classification, Packaging and Labelling of Dangerous Substances) Regulations, 2000 |
98/98/EC |
Adapting for the 25th time Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances. |
01.07.00 |
Draft Regulations sent to P.D.'s Office on 04/05/00 for examination. |
July 2000 |
|
Title of S.I. or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Positionre drafting |
Expected Transposition Date |
|
Council directive relating to measures against emission of gaseous pollutants from motor vehicles |
1999/96/EC |
To implement regulations concerning type approval of measures against emission of gaseous pollutants from motor vehicles. |
01/07/2000 |
Regulations being prepared. |
30/06/00 |
|
European Communities (Legal Protection of Biotechnological Inventions) Regulations, 2000 |
98/44/EC |
The Directive seeks the establishment of clear provisions to offer an equal level of protection to biotechnological inventions in all Member States. It attempts to clarify existing patent law regarding what is, and what is not, patentable in respect of biotechnological inventions. |
30.07.00 |
Initial draft sent to AGs office. |
July 2000 |
|
Commission Directive adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles |
2000/3/EC |
To implement regulations adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraints systems of motor vehicles. |
30/09/00 |
Regulations being prepared. |
30/06/00 |
|
Commission Directive adapting to technical progress Council Directive 96/79/EC on the protection of occupants of motor vehicles in the event of a frontal impact |
1999/98/EC |
To implement regulations adapting to technical progress Council Directive 96/79/EC on the protection of occupants of motor vehicles in the event of a frontal impact. |
30/09/00 |
Regulations being prepared. |
30/06/00 |
|
European Communities (Liability for Defective Products) Regulations 2000 or Liability for Defective Products Bill 2000 |
1999/34/EC |
To extend the scope of the Liability for Defective Products Act, 1991 to include primary agricultural produce. |
04.12.00 |
Drafting has begun. |
December 2000 |
|
Commission directive amending for the fifth time directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs |
1999/91/EC |
To implement regulations amending for the fifth time directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs. |
04/12/00 |
To be drafted. |
30/11/00 |
|
European Communities (Injunctions for the Protection of Consumers' Interests) Regulations, 2000 or Injunctions for the Protection of Consumers' Interests Bill 2000 |
98/27/EC |
To ensure access to the Courts of other Member States by approved Irish bodies (e.g. Director of Consumer Affairs) to protect the collective interests of Irish consumers listed in a number of specified directives, including the timeshare directive, the package travel, package holidays and package tours directive and the misleading advertising directive. |
31.12.00 |
Preparatory work is under way, prior to commencing drafting. |
December 2000 |
|
European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Aerosol Generators) Regulations, 2001 |
94/48/EC |
Amending for the thirteenth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provision of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations – aerosol generators. |
01.01.01 |
HSA will prepare implementing Regulations following publication of required test methods, in accordance with provisions of directive. |
2001 |
|
Title of S.I. or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Positionre drafting |
Expected Transposition Date |
|
Motor Vehicles Type Approval relating to the speedometers of two or three-wheel motor vehicles. |
2000/7/EC |
To implement motor vehicles type approval Directive. |
01/01/2001 |
Regulations being prepared. |
30/06/2000 |
|
Worker Protection (Part-Time Employees) (Amendment) Bill |
97/81/EC |
To provide for the removal of discrimination against part-time workers, to improve the quality of part-time work and to facilitate the development of part-time work on a voluntary basis. |
20.01.00 |
Awaiting drafting of Bill by Parliamentary Draftsman's Office. |
Autumn 2000 |
|
Motor Vehicles Type Approval relating to the interior fittings of motor vehicles (interior parts of the passenger compartments other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seat) |
2000/04/EC |
To implement Type Approval Directive on Motor Vehicles. |
08/04/2001 |
Regulations being prepared. |
30/06/00 |
|
Motor Vehicles Type Approval relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers |
2000/8/EC |
To implement motor vehicles type approval Directive. |
03/05/2001 |
Regulations being prepared. |
30/06/00 |
|
European Communities (Protection of Workers) (Exposure to Chemical Agents) Regulations, 2001 |
98/24/EC |
Protection of the Health and Safety of Workers from the risks related to Chemical Agents at Work (Fourteenth individual Directive within the meaning of Article 16(i) of Directive 89/3291/EEC. |
05.05.01 |
The HSA will prepare implementing Regulations. |
May 2001 |
|
Fixed-term Work Directive Bill |
1999/70/EC |
To provide that fixed-term workers are not treated less favourably than comparable full-time workers and to prevent abuse arising from the use of successive fixed-term employment contracts. |
10.07.01 |
Initial consultations. |
July 2001 |
|
Safeguarding of Employees' rights on Transfer of Undertakings (Amendment) |
98/50/EC |
To amend the present legislation to take account of extensive case law in this area. |
17.07.01 |
Initial consultations. |
July 2001 |
|
Industrial Designs Bill |
98/71/EC |
To bring Ireland's Design legislation up to date, to implement EU Directive and to implement the Agreement on Trade-Related aspects of Intellectual Property (TRIPS). |
28.10.01 |
Formal drafting commenced with Parliamentary Draftsman on 10 May 2000. |
Early 2001 |
|
European Communities (Consumer Goods and Associated Guarantees) Regulations 2000 or Consumer Goods and Associated Guarantees Bill 2000 |
1999/44/EC |
To improve consumer protection, particularly in transboundary transactions, by, inter alia, providing for a guarantee period covering the purchase of consumer goods in the internal market. The Directive is similar in some respects to the Sale of Goods and Supply of Services Act, 1980. |
01.01.02 |
Drafting has not yet begun. |
January 2002 |
|
Title of S.I. or Bill |
To Transpose Directive |
Purpose |
Deadline |
Current Positionre drafting |
Expected Transposition Date |
|
To be decided |
1999/63/EC |
To provide for the regulation of working time of seafarers. |
30/06/2002 |
Preliminary consultations yet to take place. |
June 2002 |
|
To be decided |
1999/95/EC |
To provide for the verification and enforcement of compliance by ships calling at ports of Member States with Directive 1999/63/EC. |
30/06/2002 |
Preliminary consultations yet to take place. |
June 2002 |
|
European Communities (Protection of workers from the risks related to exposure to carcinogens at Work) Regulations, 2003 |
99/38/EC |
Amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work and extending it to mutagens. |
20.04.03 |
Health and Safety Authority to draft Regulations. |
April 2003 |
|
European Communities (Safety and Health Protection of Workers Potentially at Risk from Explosive Atmospheres) Regulations, 2003 |
99/92/EC |
Introduction of measures to encourage improvements in the safety and health of workers at work. |
30.06.03 |
Regulations will be implemented by the Health and Safety Authority. |
June 2003 |
