EU Directives

Information on the EU Directives currently being transposed by the Department of Justice, Equality and Law Reform; information on recently transposed Directives is also included

Directive:	Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters
Date adopted:	21 May, 2008
Transposition date:	21 May, 2011
Current position:	The Directive is at an early stage of review in terms of how best to secure implementation within the national framework of legislation.

Directive:	Directive 2008/51/EC of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons
Date adopted:	21 May, 2008
Transposition date:	28 July, 2010
Current position:	The Directive is currently being reviewed. No major difficulties are envisaged with transposition by Statutory Instrument.

Directive:	Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (Text with EEA relevance)
Date adopted:	4 April, 2008
Transposition date:	5 April, 2009
Current position:	This Directive was transposed on 3 April 2009 by Statutory Instrument 133/2009: the European Communities (System for the Identification and Traceability of Explosives for Civil Uses) Regulations 2009

Directive:	Council Directive 2007/71/EC relating to the specific admission procedure for third-country nationals for the purpose of scientific research
Date adopted:	12 October, 2005
Transposition date:	12 October, 2007
Current position:	Transposed by Administrative Measures.

 

Directive:	Directive 2007/23/EC of the European Parliament and Council of 23 May 2007 on the placing on the market of pyrotechnic articles
Date adopted:	23 May, 2007
Transposition date:	4 January, 2010
Current position:	The Explosives Bill is currently being drafted by the  Office of the Parliamentary Counsel. It is the  Department's intention to transpose this Directive  under the new Explosives Bill.

Directive:	Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis.
Date adopted:	1 August, 2006
Transposition date:	30 November, 2008
Current position:	The Department of Finance has the overall responsibility for the implementation of the Directive. However, a number of amendments to criminal law will also arise for which this Department is responsible. This Directive will be transposed by legislation which is at a very advanced stage of drafting and the matter is being given the utmost priority. It is intended that such legislation will be published during the current parliamentary session and introduced in the Oireachtas without delay following publication.

Directive:	Directive 2006/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
Date adopted:	5 July, 2006
Transposition date:	17 August, 2008
Current position:	National Law is already  in compliance with this Directive.

Directive:	Directive 2006/24/EC of the European Parliament and Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
Date adopted:	15 March, 2006
Transposition date:	17 September, 2007
Current position:	Part of this Directive is covered by Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. The remainder will be transposed by means of primary legislation.

Directive:	Council Directive 2005/85/EC relating to the minimum standards concerning the procedure for granting and withdrawal of refugee status in the Member States
Date adopted:	1 December, 2005
Transposition date:	1 December, 2007 1 December, 2008 (Article 15)
Current position:	Irish law and practice in this area is already substantially in compliance with the terms of this Directive. The Immigration, Residence and Protection Bill 2008 include provisions to restate the law on refugees and other protection procedures with some amendments. These restatements are in compliance with Ireland’s obligations under this Directive.

Directive:	Directive 2005/60/EC of the European Parliament and Council on the prevention of the use of financial systems for the purpose of money laundering and terrorist financing
Date adopted:	26 October, 2005
Transposition date:	15 December, 2007
Current position:	The Department of Finance has the overall responsibility for the implementation of the Directive. However, a number of amendments to criminal law will also arise for which this Department is responsible. This Directive will be transposed by legislation which is at a very advanced stage of drafting and the matter is being given the utmost priority. It is intended that such legislation will be published during the current parliamentary session and introduced in the Oireachtas without delay following publication.

Directive:	Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services
Date adopted:	13 December, 2004
Transposition date:	21 December, 2007
Current position:	The Directive was transposed into domestic law be means of amendments to the Equal Status Act, made by the Civil Law (Miscellaneous Provisions) Act 2008. The relevant sections were commenced on 20 July 2008.

Directive:	Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data
Date adopted:	29 April, 2004
Transposition date:	6 September, 2006
Current position:	The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The Immigration, Residence and Protection Bill 2008, will, in the main, provide the legislative vehicle for implementing the provisions of this Directive.

Directive:	Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence
Date adopted:	28 November, 2002
Transposition date:	5 December, 2004
Current position:	The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The Instrument will, however, be transposed by the Immigration, Residence and Protection Bill 2008.

Directive:	Directive 2002/73/EC of the European Parliament and of the Council  amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (Text with EEA relevance)
Date adopted:	23 September, 2002
Transposition date:	5 October, 2005
Current position:	The Gender Equal Treatment Directive was formally transposed into Irish law by the Equality Act 2004 on 18 July, 2004. The European Commission contends that Ireland has failed to correctly transpose this Directive in a number of respects.  The Department has responded to the European Commission in this regard and is awaiting further comment.

Directive:	Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals
Date adopted:	28 May, 2001
Transposition date:	2 December, 2002
Current position:	The transposition date does not apply to Ireland as this is a Schengen-related measure and the deadline onl applies to Schengen Member States. Ireland has notified the Council of its desire to participate in this measure as part of Ireland's application to participate in some of the provisions of the Schengen Acquis. It is intended that the Immigration, Residence and Protection Bill 2008 will provide the necessary legislative framework for implementing this measure.

Directive:	Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation
Date adopted:	27 November, 2000
Transposition date:	2 December, 2003
Current position:	The Framework Employment Directive was formally transposed into Irish law by the Equality Act 2004 on 18 July 2004. The European Commission contends that Ireland has failed to correctly transpose this Directive in a number of respects.  The Department has responded to the European Commission in this regard and is awaiting further comment.

Directive:	Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
Date adopted:	29 June, 2000
Transposition date:	19 July, 2003
Current position:	The Race Directive was formally transposed into Irish law by the Equality Act 2004 on 18 July 2004. The European Commission has issued a Reasoned Opinion on 27 June 2007, stating its view that Ireland has failed to correctly transpose the Directive in a number of respects. A response to the Reasoned Opinion was submitted by the Department.