European Directives under the responsibility of Department of Finance Completed transpositions Transposition Directive Ref Title No. 2005/19/EC (amending 90/424/EEC) 2004/18/EC Mergers Tax Directive Revised Public Sector Procurement Directive Deadline Expected Date Method 1 January 2006 Transposed by Finance Act 2006 Primary Legislation 30 January 2006 Transposed 22 June 2006 by SI No 329 of 2006 SI Purpose of Directive & Current Position Directive amends the 1990 Directive on the Common System of taxation applicable to mergers, divisions, transfers of assets and exchange of shares concerning companies of different member states. This has been transposed under the Finance Act and is effective from 1 January 2006. The Commission was notified on 19 May 2006 that the Directive has been fully transposed and details were supplied including cross references. At a meeting of the College on 29 June 2006, the Commission took the decision to close the infringement. Directive co-ordinates the procurement procedures for the award of public works contracts, public supply contracts and public service contracts. Regulations transposing this Directive were signed on 22 June 2006 and notified to the Commission (SI No 329 of 2006). Principal Officer responsible Gary Tobin Fiscal Division Gary.Tobin@finance.gov.ie Ronnie Downes Department of Public Expenditure & Reform Ronnie.Downes@per.gov.ie 2005/75/EC Internal Market & Services Directive 31 January 2006 Transposed 22 June 2006 by SI No 329 of 2006 SI This Directive is linked to Directive 2004/18/EC and has been transposed under SI No 329 of 2006 [listed above] and notified to the Commission. Ronnie Downes Department of Public Expenditure & Reform Ronnie.Downes@per.gov.ie 2006/29/EC Commission Directive 30 June 2006 5 July 2006 SI This Commission directive makes some additions/ deletions to the list of credit institutions which are exempted from the scope of the Codified Banking Directive (2000/12/EC). Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2006/58/EC Council Directive 28 June 2006 Transposed by Finance Act 2003 Primary Legislation 2004/17/EC Revised Utilities Sector Procurement Directive 30 January 2006 January 2007 Statutory Instrument (SI) 2005/51/EC Internal Market & Services Commission Directive 31 January 2006 Partly transposed 22 June 2006 by SI No 329 of 2006. Remainder: Nov 2006 SI SI 358 of 2006 was signed by the Minister on 5 July 2006. Commission notified on 19 July 2006. Council Directive 2006/58/EC of 27 June 2006 amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services. Commission notified 26 October 2006. Directive co-ordinates the procurement procedures of entities operating in the water, energy, transport and postal services sector. This Directive has been transposed into Irish law under SI 50 of 2007 and notified to the Commission on 2 March 2007. This Directive is linked to Directives 2004/17/EC and 2004/18/EC and was partly transposed under SI No 329 of 2006. It has been completed with the transposition of Directive 2004/17/EC (listed above) and notified to the Commission on 2 March 2007. Gerry Kenny Fiscal Division Gerry.kenny@finance.gov.ie Ronnie Downes Department of Public Expenditure & Reform Ronnie.Downes@per.gov.ie Ronnie Downes Department of Public Expenditure & Reform Ronnie.Downes@per.gov.ie 2005/68/EC 2005/81/EC 2006/48/EC 2006/49/EC Reinsurance Directive Commission Directive Capital Requirements Directive December 2007 19 Dec 2006 1 January 2007 June 2007 19 December 2006 December 2006 SI SI SI and Central Bank Notices The purpose of the Reinsurance Directive is to put in place a regulatory regime for reinsurance companies. Regulations partially transposing this Directive were signed on 14th July 2006. The remaining Articles 57-60 were transposed with effect form 1 June 2007. Pat Casey Financial Services Division Pat.Casey@finance.gov.ie Transposition notified to the Commission on 11 October 2007. This Directive is a minor update of Directive 80/723/EEC (as amended by Directive 2005/81/EC) which was transposed under the European Communities (Financial Transparency) Regulations 2004. Transposed under SI 613 of 2006. Notified to Commission on 11 January 2007. Directive becomes effective on a phased basis: 1 January 2007 – implementation of Standardised Methods Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 1 January 2008 – implementation of Advanced Methods 2006/79/EC Exemption from taxes of imports of small consignments of goods of a noncommercial character from N/A - There is no deadline by which this Directive must be transposed. July 2007 SI Directive 2006/48/EC transposed under SI 661 of 2006. Directive 2006/49/EC transposed under SI 660 of 2006. Transpositions notified to Commission on 17 January 2007. Directive agreed in October 2006. Directive 2006/79/EC transposed under SI 549 of 2007. Transposition notified to the Commission notified on 20 August 2007. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie third countries 2006/97/EC 2006/138/EC 2006/112/EC 2004/39/EC Council Directve Council Directive Recast of the Sixth VAT Directive Markets in Financial Instruments Directive 1 January 2007 1 January 2007 April 2007 January 2007 1 January 2007 31 January 2007 31 January SI Primary legislation Primary legislation Early 2007 SI & Primary legislation The Directive adds lists of contracting authorities and contracting entities of Romania and Bulgaria to those of existing Member States annexed to the public procurement Directives. Ronnie Downes Department of Public Expenditure & Reform Ronnie.Downes@per.gov.ie The provision has already been implemented under a number of existing SIs. Commission notified on 4 April 2007. Amending Directive 2006/112/EC on the common system of value added tax as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie Transposition is not required as the Directive is already provided for under Irish VAT Law. The EU Commission was formally notified of this on 26 March 2007. Directive 2006/112/EC replaced the Sixth VAT Directive with effect from 1 January 2007. The new Directive provides a single legislative text for VAT incorporating all amendments to the Sixth VAT Directive since it was first adopted in 1977. The transposition was dealt with under Finance Act 2007. This co-decision Directive allows investment firms to provide their services across the EU on the basis of their home country authorisation. This Directive and the associated Commission Directive to be implemented by industry from 1/11/07. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2006/73/EC Commission Directive implementing Directive 2004/39/EC as regards organisational requirements and operating conditions. 2007 2006/84/EC Commission Directive 1 January 2007 2006/98/EC 2007/18/EC Council Directive Commission Directive: Exclusion or inclusion of certain institutions from its scope of 1 January 2007 30 Sept 2007 The two Directives have been transposed under SI 60 of 2007 and the Commission was formally notified on 21 March 2007. In addition, some technical provisions, mainly relating to penalties for non-compliance with the Directive’s provisions, required primary legislation and these are provided for in the Miscellaneous Provisions Bill which was published on 20 April 2007. Early 2007 Early 2007 30 Nov 2007 SI SI & Primary Legislation SI This Directive adapts Directive 2002/94/EC laying down detailed rules for implementing certain provisions of Council Directive 76/308/EC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures, by reason of accession of Bulgaria and Romania. Transposed under SI 249 of 2007. Notified to Commission on 26 June 2007. This Directive adapts a number of taxation directives to allow for the accession of Bulgaria and Romania. Transposed under SI 250 of 2007 and Section 88 of Finance Act 2007. Commission notified on 26 June 2007. The Directive makes two changes to Article 2 of Directive 2006/48/EC (the list of institutions excluded from the scope of that Directive). Transposed under SI 797 of 2007. Commission was notified on 18 December 2007. Gary Tobin Fiscal Division Gary.Tobin@finance.gov.ie Gary Tobin Fiscal Division Gary.Tobin@finance.gov.ie application and the treatment of exposures to multilateral development banks. 2007/74/EC 2007/44/EC Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries 1 December 2008 Directive of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards March 2009 March 2009 June 2009 SI SI This Directive amends the tax exemptions for VAT and excise duties applied to goods being brought into the EU by persons travelling from third countries. Two new ceilings have been introduced above which taxation becomes effective - €430 for goods brought in by people travelling by air or sea and €300 for other forms of transport. In addition there are new limits on the quantities of tobacco products and alcohol that can be imported. Transposed under SI 480 of 2008. Commission notified on 2 December 2008. This Directive establishes a harmonised legal framework setting out the entire procedure to be applied by competent authorities when assessing acquisitions on prudential grounds in the EU/European Economic Area (EEA). This Directive will apply to the acquisitions of credit institutions, insurance undertakings, assurance undertakings, reinsurance undertakings, investment firms, and Undertakings for Collective Investments in Transferable Securities (UCITS) management companies. Transposed by SI 206 of 2009. Commission notified 11 June 2009. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2009/14/EC 2008/55/EC procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector Directive 2009/14/EC of the European Parliament and of the Council of 11 March 2009 amending Directive 94/19/EC on deposit-guarantee schemes as regards the coverage level and the payout delay Council Directive 2008/55/EC of 26 May 2008 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures June 2009 June 2009 SI Directive 2009/14 amends an existing directive (94/19/EC) on deposit guarantee schemes - the objective of which is the harmonisation of coverage levels and payout delays. Pat Casey Financial Services Division Pat.Casey@finance.gov.ie Transposed by SI 228 of 2009. Notified to Commission on 6 July 2009. N/A (Codifying Directive) SI This Directive codifies Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties taxes and other measures. Transposed by SI No. 353 of 2009. Notified to Commission on 15 September 2009. Gary Tobin Fiscal Division Gary.Tobin@finance.gov.ie (Codified version) 2007/64/EC 2008/8/EC Directive of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC Council Directive of 12 February 2008 amending Directive 2006/112/EC as regards the place of supply of services November 2009 September 2009 SI The Payment Services Directive establishes a harmonised legal framework for payments services in the EU/EEA. Pat Casey Financial Services Division Pat.Casey@finance.gov.ie Transposed by SI No. 383 of 2009. Notified to the Commission on 9th October 2009. January 2010 January 2010 SI This Directive provides a package of new VAT arrangements for cross-border business-to-business (B2B) services from 1 January 2010, and, subject to a feasibility study, from 1 January 2015 for business-to-consumer (B2C) services in respect of telecoms, broadcasting and electronic services. Transposed by SI No. 520 of 2009 for 1 January 2010 implementation deadline. Notified to the Commission on 30th December 2009. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie 2008/9/EC 2008/117/EC Council Directive of 12 February 2008 laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State Council Directive 2008/117/EC of 16 December 2008 amending Directive 2006/112/EC on the common system of value added tax to combat tax evasion connected with intra-Community transactions January 2010 January 2010 SI Directive 2008/9/EC provides detailed rules for the refund of value added tax, provided for in the EU VAT Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State. The Directive shall apply to refund applications submitted after 31 December 2009. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie Transposed by SI No. 520 of 2009. Notified to the Commission on 30th December 2009. January 2010 January 2010 SI This Directive is designed to combat VAT fraud through enhanced administrative co-operation between Member States. Transposed by SI No. 520 of 2009. Notified to the Commission on 30th December 2009. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie 2007/66/EC 2008/118/EC Directive of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts. Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC December 2009 March 2010 SI Directive 2007/66/EC aims to improve the effectiveness of review procedures concerning the award of public contracts and reflects interpretation of the existing Remedies Directives by the European Court of Justice. It strengthens the rights of bidders in challenging award decisions and introduces measures to combat contracts awarded in breach of the public procurement rules. Ronnie Downes Department of Public Expenditure & Reform Ronnie.Downes@per.gov.ie Transposed by SI No. 130 of 2010 and SI No. 131 of 2010. Notified to the Commission on 6th April 2010. January 2010 March 2010 Primary Legislation This Directive replaces and updates Directive 92/12/EEC, which provides for harmonised general arrangements for the holding, movement and monitoring in the Community of products that are subject to excise duty. The primary purpose of the new Directive is the provision of the legal basis for a modernised (computerised) excise movement control system (EMCS) for the movement of excise products between Member States where the excise duty is suspended pending their release for consumption in the destination Member State. Transposed by Finance Act 2010 (Section 93). Notified to the Commission on 16th April 2010. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie 2008/48/EC 2009/44/EC Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC June 2010 Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims 30 December 2010 June 2010 SI The Consumer Credit Directive establishes common rules on consumer credit aimed at harmonising certain aspects of the laws, regulations and administrative provisions on consumer credit in the internal market. The Directive covers personal loans of between EUR 200 and 75,000 repayable after more than a month. The Directive does not apply to mortgages or to deferred debit cards. Joan Daly Financial Services Division Joan.Daly@finance.gov.ie Transposed by SI No. 281 of 2010. Notified to the Commission on 14th June 2010. 30 December 2010 SI Directive 2009/44/EC amends Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems. This Directive makes changes to the Financial Collateral Directive to extend the protections of the Directive to cover certain credit claims (i.e., bank loans) that are accepted as collateral for Eurosystem operations. The changes to the Settlement Finality Directive are aimed at providing protections against systemic problems arising in the event of an institution not being able to make payments. This Directive has been transposed into Irish law under SI 624 of 2010 and notified to the Commission on 4 January 2011. Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2009/69/EC Council Directive 2009/69/EC of 25 June 2009 amending Directive 2006/112/EC on the common system of value added tax as regards tax evasion linked to imports 1 January 2011 1 January 2011 Primary Legislation The Directive clarifies the conditions under which imported goods transiting to another Member State may qualify for an exemption from VAT. Imported goods transiting to another Member State qualify for a VAT exemption on importation on the basis of conditions laid down by individual Member States. Under the measure, importers must now provide documentary evidence that the importation of the goods involved is followed by an intra-Community supply or transfer of the goods to another Member State. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie Transposed by Finance Act 2010 (Section 125). Notified to the Commission on 26th July 2010. 2009/83/EC Commission Directive 2009/83/EC of 27 July 2009 amending certain Annexes to Directive 2006/48/EC of the European Parliament and of the Council as regards technical provisions concerning risk management 31 October 2010 31 October 2010 SI The Directive amends certain annexes to Directive 2006/48/EC of the European Parliament and of the Council as regards technical provisions concerning risk management for off-balance sheet items, including securitised assets. Transposed by existing measures (SI 661 of 2006). Notified to the Commission on 14th October 2010. Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2009/111/EC 2009/162/EC Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management Council Directive 2009/162/EU of 22 December 2009 amending various provisions of Directive 2006/112/EC on the common system of value added tax 31 December 2010 31 December 2010 SI This Directive amends the existing Capital Requirements Directive to further strengthen the prudential framework for risk management for banks and investment firms and to establish processes by which information is shared and greater coordination takes place among supervisors in relation to cross-border banking groups. Transposed by SI 627 of 2010. Commission on 5th January 2011. 1 January 2011 1 January 2011 SI Pat Casey Financial Services Division Pat.Casey@finance.gov.ie Notified to Directive 2009/162/EC makes a number of minor changes to the EU VAT Directive 2006/112/EC; including extension of the rules regarding the supply and importation of natural gas and electricity; clarification as regards the right to VAT deduction, and derogations for Bulgaria and Romania. Transposed by SI 612 of 2010. Notified to Commission on 31st December 2010. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie 2010/12/EC 2009/110/EC Council Directive 2010/12/EU of 16 February 2010 amending Directives 92/79/ EEC, 92/80/EEC and 95/59/EC on the structure and rates of excise duty applied on manufactured tobacco and Directive 2008/118/EC 1 January 2011 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing 30 April 2011 1 January 2011 SI The aims of Directive 2010/12/EC are to ensure the smooth operation of the single market, narrow the differences in price levels of tobacco products across Member States, contribute to creating a high level of health protection and give more flexibility to Member States to set tax levels. Transposed by SI 608 of 2010. Commission on 6th January 2011. 30 April 2011 SI Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie Notified to Directive 2009/110/EC modernises the regulatory framework around electronic money, created by Directive 2000/12/EC, to improve the development of the electronic money market and stimulate technological innovation in this area. The new Directive clarifies the scope of application of the current e-money regime; revises the prudential requirements for electronic money institutions, opens up the permitted activities of electronic money institutions and introduces associated safeguards, clarifies customers’ rights to redeem electronic money and aligns the Directive with existing regimes under the Payment Service Directive (2007/64/EC), the Anti-Money Laundering Directive (Directive 2005/60/EC) and the Capital Requirements Directive (2006/48/EC). Pat Casey Financial Services Division Pat.Casey@finance.gov.ie Transposed by SI 183 of 2011. Commission on 28th April 2011. Directive 2000/46/EC. 2009/65/EC 2010/43/EU Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities 30 June 2011 Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards 30 June 2011 30 June 2011 SI Transposed by SI 352 of 2011. Commission on 14th July 2011. 30 June 2011 Notified to Notified to Pat Casey Financial Services Division Pat.Casey@finance.gov.ie Notified to Pat Casey Financial Services Division Pat.Casey@finance.gov.ie SI Transposed by SI 352 of 2011. Commission on 14th July 2011. organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company 2010/44/EU Commission Directive 2010/44/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards certain provisions concerning fund mergers, masterfeeder structures and notification procedure 30 June 2011 & 31 December 2013 30 June 2011 SI Transposed by SI 352 of 2011. Commission on 14th July 2011. Notified to Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2010/24/EC 2010/78/EC Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures 31 December 2011 Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/ EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 31 December 2011 31 December 2011 SI This Directive provides for mutual assistance between Member States for the recovery of each other’s claims and those of the Community with respect to certain taxes and other measures. It covers direct and indirect taxes and is designed to promote wider information exchange among Member States, and assist with the smooth functioning of the internal market. Gary Tobin Fiscal Division Gary.Tobin@finance.gov.ie Transposed by SI 643 of 2011. Notified to Commission on 19th December 2011. 31 December 2011 SI This is a technical Directive, which is part of the package of proposals for the reform of financial service supervisory structures. Transposed by: SI 319 of 2011 SI 637 of 2011 SI 638 of 2011 SI 316 of 2012 SI 315 of 2012 SI 317 of 2012 SI 299 of 2012 SI 300 of 2012 SI 70 of 2012 Transposition complete. All measures notified to the Commission. Pat Casey Financial Services Division Pat.Casey@finance.gov.ie 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) 2010/45/EU Council Directive 2010/45/EU of 13 July 2010 amending Directive 2006/112/EC on the common system of value added tax as regards the rules 31 December 2012 31 December 2012 SI This Directive is designed to create a harmonised framework for invoicing. It aims to simplify the invoicing requirements for business and to provide tax administrations with an effective means of ensuring tax is paid. Transposed by SI 354 of 2012 and SI 458 of 2012. All measures notified to the European Commission. Gerry Kenny Fiscal Division Gerry.Kenny@finance.gov.ie on invoicing 2011/16/EU Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the filed of taxation and repealing Directive 77/799/ EEC 1 January 2013 1 January 2013 SI This Directive reinforces, strengthens and modernises the provisions of the existing Directive 77/799/EEC in order to achieve a better functioning of the internal market and a more effective administrative cooperation. The Directive will assist authorities in assessing taxes correctly and preventing and combating tax fraud and tax evasion. Transposed by SI 549 of 2012. European Commission notified. Gary Tobin Fiscal Division Gary.Tobin@finance.gov.ie