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Dáil Question to Dept of Transport on outstanding EU Directives

Dáil Question No: 215

To ask the Minister for Transport, Tourism and Sport the number of EU directives related to his Department that have yet to be transposed into Irish law despite the deadline date been passed; when is it proposed that these Directives will be transposed; and if he will make a statement on the matter.

– Anthony Lawlor.

* For WRITTEN answer on Wednesday, 11th December, 2013.

Ref No: 53359/13

Answered by the Minister for Transport, Tourism and Sport Leo Varadkar

REPLY 

There are currently two EU Directives under my Department’s remit where the transposition deadline has passed but the Directives are not yet transposed into Irish Law. These are:

Directive 2011/76/EU OF THE EUROPEAN PARLIMENT AND OF THE COUNCIL OF 27 SEPTEMBER 2011 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures:

The Directive has a transposition date of 16 October 2013. The means of transposing the Directive is being reviewed at present with a view to transposition in 2014.

Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences:

This Directive has a transposition date of 7 Nov. 2013. However, Directive 2011/82/EU was adopted pursuant to Article 87(2) of the Treaty on the Functioning of the European Union (TFEU).  As Article 87 is within Title V of the TFEU (Freedom, Security and Justice), then Articles 1 and 2 of Protocol 21 TFEU apply. This means that the Directive is not binding upon Ireland or the UK.  The Directive is also subject to a challenge in the European Court of Justice.  Ireland is awaiting the outcome of the Court’s judgement on the correct legal basis for Directive 2011/82/EU before considering if we should opt in.