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Dáil Éireann díospóireacht -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Written Answers. - EU Directives.

Ruairí Quinn

Ceist:

121 Mr. Quinn asked the Minister for Public Enterprise the directives issued under the treaties establishing the European Communities any provision of which comes under the auspices of her Department which have not yet been transposed into law; if such transposition will be effected by Bill or statutory instrument; if transposition is overdue; if so, the steps taken by the European Commission by way of enforcement in each case; and if she will make a statement on the matter. [7153/02]

The information requested by the Deputy is set out in the following table:

(A) Aviation Regulation and International Relations.There are two Directives in relation to Aviation Regulations that have not yet been transposed into law.

Both of these Directives will be transposed via Statutory Instrument entitled: European Communities (Restrictions of subsonic Jet Aeroplanes Operations) (Amendment) Regulation, 2002.

1. European Communities (Restrictions of civil subsonic Jet Aeroplane Operations) (Amendment) Regulations, 2000.

To transpose Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on the limitation of the operation of airplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, Second Edition (1988). Expected date of implementation March 2002.

2. European Communities (Restriction of civil subsonic Jet Aeroplane Operations) (Amendment) Regulations, 2000.

To transpose Council Directive 99/28/EC of 30 March 1998 amending Directive 92/14/EEC on the limitation of the operation of airplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, Second Edition (1988). Expected date of implementation March 2002.

The European Commission has addressed a Reasoned Opinion to Ireland, pursuant to Article 226 of the EC Treaty, relating to the failure to implement Directives 98/20/EC and 98/28/EC.

(B) Renewable EnergyThere is one Directive in relation to Renewable Energy.

Directive 2001/77/EC of the European Parliament and of the Council of 27th September 2001 concerns the promotion of electricity produced from renewable energy sources in the internal electricity market.

The Directive requires Member States to increase, by 2010, the contribution of renewables based electricity consumption in line with the thresholds outlined in the Annex to the document. The target for Ireland is 13.2%. This is required to be implemented before October 2003

On the 27 September, 2001 the European Council and Parliament adopted Directive 2001/77/EC on the promotion of electricity from renewable energy sources in the internal electricity market. The deadline for full implementation of the Directive is 23 October 2003 and the means of transposition have not yet been decided.

(C) Public Transport Regulatory AffairsThere are six Directives in relation to Public Transport.

1. Council Directive 96/48/EC on the interoperability of the trans-European high speed rail system. Transposition will be effected by Statutory Instrument. Transposition is overdue, but will be completed in the near future. Judgement has been issued by the European Court of Justice in this case.

2. Commission Directive 2001/6 adopting for the third time Council Directive 96/49/EC on the transport of dangerous goods by rail. Transposition will be effected by Statutory Instrument. Transposition of minor part of Directive is overdue. No steps have been taken by the European Commission by way of enforcement.

3. Council Directive 2001/12 amending Directive 91/440/EC on the development of the Community's railways. Transposition will be effected by Statutory Instrument. Transposition is not overdue.
4. Council Directive 2001/13 amending Directive 95/18/EC on the licensing of railway undertakings. Transposition will be effected by Statutory Instrument. Transposition is not overdue.
5. Council Directive 2001/14 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification. Transposition will be effected by Statutory Instrument. Transposition is not overdue.
6. Council Directive 2001/16 on the interoperability of the trans-European conventional rail system. Transposition will be effected by Statutory Instrument. Transposition is not overdue.
(D)Communications RegulationDirective 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector has not yet been transposed into Irish law. Transposition was due under Article 15 of the Directive not later than 24 October 1998. The European Commission has instituted proceedings under Article 226 of the Treaty seeking a declaration that Ireland has failed to fulfil its obligations under the Directive. It is intended that the relevant Statutory Instrument will be signed into force in the near future.
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