Deadline on nearly 40 EU directives passes

The Government has missed the deadline for implementing almost 40 EU directives, with some directives two years overdue, it has…

The Government has missed the deadline for implementing almost 40 EU directives, with some directives two years overdue, it has emerged.

The Department of Health is the worst offender, with 14 directives still to be passed into Irish law, according to figures obtained by The Irish Times.

These directives relate to cosmetics, the protection of animals used for scientific experiments, substances in foodstuffs, and nutritional labelling.

A Department spokeswoman said the delays were caused by a number of factors, including the complexity of the cosmetics directives and the volume of other work to be completed in the food unit.

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She said pressures of work on the Minister for Health, Ms Harney, had "resulted in the cancellation of a number of meetings where directives were to be signed off".

Several of the cosmetics directives were due to be signed off on December 10th but a meeting on this date was postponed. This was a busy time for Ms Harney as the Cabinet was about to make the decision to pay €2,000 to all nursing home residents illegally charged for staying in the homes.

These directives should be signed off on shortly, the spokeswoman said.

The Department of Enterprise, Trade and Employment has a list of 31 directives to be passed into Irish law. The deadline has passed on nine of these, with a tenth deadline looming on December 31st.

The European Commission has issued a reasoned opinion - a final written warning - on the State's failure to implement a directive on the organisation of working time. This involves the drawing up of statutory instruments covering the working time of mobile workers and offshore workers.

The deadline for passing this into Irish law was August 2003. If the Department does not act quickly, the Commission will take the case to the European Court of Justice.

A Department spokesman said the two statutory instruments had been submitted to the Minister, Mr Martin, for signature. The laws would come into effect on January 1st, he said.

Another directive, restricting dangerous substances in aerosol generators, should have been introduced into Irish law two years ago.

However, the Department spokesman said the EU Commission had not devised a test method for aerosol generators.

The Health and Safety Authority would prepare regulations as soon as this was done, he said.

Other outstanding directives at the Department include one on insider dealing and one restricting the marketing of certain dangerous substances.

Five deadlines have passed on EU directives which should have been passed into law by the Department of the Environment.

These directives would be passed into law in the first half of the new year, a spokesman said.

One involves regulations for the disposal of old vehicles. Another concerns the management of environmental noise and a third involves the measurement of gaseous pollutants from certain engines.

Some 11 directives are awaiting implementation at the Department of Finance. The deadlines for four of these have passed, with a fifth deadline due to pass on January 1st.

The most overdue directive - one on energy tax - should have been implemented before January 1st of this year.

The EU Commission has written to the Department asking why the directive has not been implemented.

A Department of Finance spokesman said most of the directive was already provided for in Irish law while outstanding elements should be legislated for in the Finance Bill in March.

The Department of Transport has missed three deadlines for implementing directives. They concern the reduction of pollutant emissions from two and three-wheel vehicles and the working time of civil aviation workers.

The Department of Communications, Marine and Natural Resources has received "formal notices" from the European Commission in the case of two overdue directives. A formal notice seeks an update on why the deadline has not been met.

They concern common rules for the internal market on electricity and natural gas.

Time is running out for the Department of Agriculture on five directives which should be implemented by January 1st. They include approval of agricultural and forestry tractors, plant health checks, and animal health rules.

Six Departments do not have any outstanding directives.

Alison Healy

Alison Healy

Alison Healy is a contributor to The Irish Times