There are two directives issued under the treaties establishing the European Communities, parts of which come under the auspices of my Department, which are awaiting transposition into Irish law. These are Council Directive 98/49/EC, which was adopted on 29 June 1998, and Council Directive 2000/43/EC, which was adopted on 29 June 2000.
Directive 98/49/EC deals with the preservation of benefits, disclosure of information and payment of occupational pensions across borders for workers who move from one member state to another. It also provides for workers who are posted abroad to be allowed to stay in their occupational schemes and to be exempt from joining such a scheme in the country to which they are posted.
This directive was adopted on 29 June 1998. Member states were required to comply with the directive by 25 January 2002, and member states are to communicate to the Commission the text of the provisions of national law which they adopt in the field covered by the same date. The Pensions Act is already largely in compliance with the terms of the directive. However, some minor changes are required to that Act to ensure full compliance. These have been incorporated in the forthcoming Pensions (Amendment) Bill, which is currently before the Houses of the Oireachtas. My Department has already informed the European Commission of this situation, and explained that the delay in implementing the directive is due to the complexity of the Pensions Bill. The aim is to have the Pensions Bill fully enacted by the end of March this year, and I will then be in a position to inform the European Commission that we are in full compliance with the directive. In view of this, the Government did not consider it necessary to seek a derogation in relation to the date of implementation.
