Written answers
Tuesday, 30 April 2024
Department of Justice and Equality
European Union
John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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516. To ask the Tánaiste and Minister for Justice and Equality to list all Acts and Statutory Instruments sponsored by her Department which became law from 20 February 2020 to date in 2024 and which were necessitated, either in whole or in part, to transpose or give effect to regulations, directives or other measures passed at European Union level. [19170/24]
Helen McEntee (Meath East, Fine Gael)
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My Department continues to put in place the necessary measures to ensure the full transposition, implementation and enforcement of EU law in Ireland, as appropriate.
The information requested by the Deputy is presented in the table below.
| Regulations, Directives or other measures passed at European Union level | Act / Statutory Instrument |
|---|---|
| Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; and to provide for related matters | Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020. |
| Commission Implementing Regulation (EU) 2018/337 of 5 March 2018 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable | S.I. No. 283/2020 - European Union (Designation of Verifying Entities for Deactivation of Firearms) Regulations 2020 |
| Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA | S.I. No. 432/2020 - European Union (Prevention and Combating of Human Trafficking) (National Rapporteur) Regulations 2020 |
| Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 on control of the acquisition and possession of weapons and Commission Implementing Directive (EU) 2019/68 of 16 January 2019 establishing technical specifications for the marking of firearms and their essential components | S.I. 283 of 2021 - European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2021 |
| The Act provides for the transposition of outstanding elements of Directive 2014/62/EU on the protection of the euro and other currencies against counterfeiting. The Act also provides for the implementation of a number of other European instruments in relation to the protection of the euro from counterfeiting and concerning measures to ensure the appropriate authentication of euro coins and notes, including Regulation (EC) No. 1338/2001, Regulation (EU) No. 1210/2010 and the Decision of the European Central Bank (ECB/2010/14). | Counterfeiting Act 2021 |
| Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU; and to provide for related matters | Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 |
| EU Council Directive 2002/90/EC EU Framework Decision 2002/946/JHA UN Protocol against the Smuggling of Migrants by Land, Sea and Air,supplementing the UN Convention against Transnational Organized Crime(2000). | Criminal Justice (Smuggling of Persons) Act 2021 |
| Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 20171 on the fight against fraud to the Union’s financial interests by means of criminal law; for that purpose to amend the Criminal Justice (Theft and Fraud Offences) Act 2001 and other enactments; and to provide for related matters. | Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 |
| Title VII of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020 and to the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 2006, approved on behalf of the European Union by Council Decision of 27 November 2014 | European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 |
| Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) | S.I. No. 297/2021 - European Union (Enforcement of data subjects’ rights on transfer of personal data outside the European Union) Regulations 2021 |
| Commission Implementing Directive (EU) 2019/69 of 16 January 2019 laying down technical specifications for alarm and signal weapons under Council Directive 91/477/EEC on control of the acquisition and possession of weapons | S.I. No. 180/2022 - European Communities (Alarm and Signal Weapons) (Technical Specifications) Regulations 2022 |
| Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons | S.I. No. 209/2022 - European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 |
| Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings | S.I. No. 549/2022 - European Union (Right to Information in Criminal Proceedings) Regulations 2022 |
| Titles VIII and XI of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020 | European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 |
| Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA | S.I. No. 22/2023 - European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 |
| Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online | S.I. No. 270/2023 - European Union (Online Dissemination of Terrorist Content) (Designation of the Commissioner of the Garda SÍochána as a Competent authority) Regulations 2023 |
| Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online | S.I. No. 545/2023 - European Union (Online Dissemination of Terrorist Content) (Designation of Coimisiún na Meán as a Competent Authority) Regulations 2023 |
| Council Framework Decision 2008/909/JHA of 27 November 20081 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA | Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 |
| Council Framework Decision of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA. | European Arrest Warrant (Amendment) Act 2024. |
| The relevant EU legislation in this regard is the ‘Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States’ (Directive 2004/38/EC), which was published in 2004. | S.I. No. 728 of 2020 - European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 |
| These Regulations introduce amendments to the European Communities (Reception Conditions) Regulations 2018 on labour market access for international protection applicants.The amendment reduces the timeframe for eligibility for labour market access from 9 to 6 months after lodging an international protection application, if no first instance decision has been taken.The Regulations also extend the validity of a Labour Market Access Permission from 6 months to 12 months. | S.I. No. 52 of 2021 - European Communities (Reception Conditions) (Amendment) Regulations 2021 |
| These Regulations amend the definitions of ‘applicant’ and ‘recipient’ in the European Communities (Reception Conditions) Regulations 2018 to remove the exclusion of persons notified of a transfer decision under the Dublin III Regulation 604/2013 from labour market access.This amendment followed a ruling from the Court of Justice of the European Union in KS and MHK v International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate General and RAT and DS v Minister for Justice and Equality (Joined Cases C-322/19 and C-385/19). emn.ie/case_law/ks-and-mhk-v-international-protection-appeals-tribunal-the-minister-for-justice-and-equality-and-the-advocate-general-and-rat-and-ds-v-minister-for-justice-and-equality-joined-cases-c-322-19-and-c-3/ | S.I. No. 178 of 2021 - European Communities (Reception Conditions) (Amendment) (No. 2) Regulations 2021 |
| Enforcement of data subjects’ rights on transfer of personal data outside the European Union) Regulations 2021 which was made under the European Communities Act 1972 | S.I. No. 297 of 2021 - European Union |
| Directive 2004/38/EC1 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States; European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006 | S.I. No. 445 of 2021 - European Communities (Free Movement of Persons) (Amendment) Regulations 2021 |
| This Order specifies the States which are Contracting States for the purposes of section 2 of the Choice of Court (Hague Convention) Act 2015 (No. 38 of 2015), and includes the text of Declarations made pursuant to Article 21 of the Convention by Denmark, the European Union and the United Kingdom. This Order revokes the Choice of Court (Hague Convention) Act 2015 (Section 2) Order 2018 (S.I. No.113 of 2018) | S.I. No. 238 of 2022 - Choice of Court (Hague Convention) Act 2015 (Section 2) Order 2022 |
| These Regulations give full effect to Council Regulation (EU) No. 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility and on international child abduction (recast) (Brussels IIb / Brussels II ter). | S.I. No. 400 of 2022 - European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 |
| The purpose of these Regulations is to give further effect in Irish law to the Asylum Procedures Directive 2005/85/EC.The Regulations amend section 73(2) of the International Protection Act 2015. They add to the list of matters to which the Minister for Justice may have regard when deciding whether to prioritise the processing of an application for international protection or requesting IPAT to prioritise an appeal. The additions include whether the applicant is from a safe country of origin, and whether the country of origin of the applicant is a country in respect of which there are a large number of applications or appeals and there is a need to ensure an efficient processing of application or appeals.The Regulations also insert a new section 73A into the International Protection Act 2015 to enable the Minister to accelerate the examination of any application, having regard to the matters in section 73(2). | S.I. No. 541 of 2022 - European Communities (International Protection Procedures) Regulations 2022 |
| These Regulations specify the Circuit Court as competent to take evidence for the purpose of Article 1.1(a) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(recast). The power conferred on the Circuit Court will be exercised by the county registrar in accordance with the provisions of Regulation 3. They also specify the Courts Service as the central body in the State for the purposes of Articles 4 and 19 of the EU Regulation. | S.I. No. 110 of 2023 - European Union (Evidence in Civil or Commercial Matters) Regulations 2023 |
| This Order amends the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ) www.irishstatutebook.ie/2019/en/si/0594.html to specify the states which are bound by the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance and includes the text of Declarations, Reservations and Specifications made pursuant to the Convention. | S.I. No. 111 of 2023 - European Union (Hague Maintenance Convention) (Amendment) Regulations 2023 |
| The European Union (Hague Judgments Convention) Regulations 2023 ensure that the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “Hague Judgments Convention”) has an appropriate “fit” in the Irish system. The Convention seeks to provide predictability and certainty in relation to the global circulation of foreign judgments, and is complementary to the Convention of 30 June 2005 on Choice of Court Agreements. The Regulations specify the states which are bound by the Hague Judgments Convention and include the text of Declarations made pursuant to the Convention. | S.I. No. 434 of 2023 - European Union (Hague Judgments Convention) Regulations 2023 |
| Part 2, other than Chapters 2 and 3 of Title II, and Title III, of that Part, of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community , approved on behalf of the European Union by Council Decision (EU) 2020/135 of 30 January 2020 | European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 |
| Directive 2004/38/EC – Citizens’ Rights | Given further effect by way of S.I. No. 445/2021 - European Communities (Free Movement of Persons) (Amendment) Regulations 2021. |
| Directive 2001/55/EC – Temporary Protection | Given further effect by way of Part 4 of the Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024 |
| Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status | Given further effect by way of: International Protection Act 2015 (Safe Countries of Origin) (Amendment) Order 2024 (S.I. No. 32 of 2024) Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Part 11) S.I. No. 542/2022 - International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 S.I. No. 541/2022 - European Communities (International Protection Procedures) Regulations 2022 International Protection Act 2015 (Safe Third Country) Order 2020 (S.I. No. 725 of 2020) Part 18 of Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 |
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