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EU Directives that Ireland disobeys

  • 16-05-2010 2:53pm
    #1
    Closed Accounts Posts: 3,591 ✭✭✭


    I remember reading before that when an EU directive comes from Brussels that sometimes states can choose to ignore then for a time or implement them but only half-heartedly. I think non-implementation brings about some sort of fine too.

    But can anyone point me in the direction of a definitive list of EU directives that we either haven't implemented or are paying lip service to?

    Someone told me recently that our TV licence regime is actually in direct contravention of EU law but that because the fine from Brussels associated with this is much less than the tax take on TV licences the govt. just keeps paying the fine as its the lesser amount. Can anyone shed any light on this or is it codswallop ?


Comments

  • Registered Users, Registered Users 2 Posts: 3,872 ✭✭✭View


    RATM wrote: »
    But can anyone point me in the direction of a definitive list of EU directives that we either haven't implemented or are paying lip service to?

    I don't know if there is a definitive list somewhere but this might do for a start. Yet again, we seem to be incapable of implementing environmental directives...
    RATM wrote: »
    Someone told me recently that our TV licence regime is actually in direct contravention of EU law but that because the fine from Brussels associated with this is much less than the tax take on TV licences the govt. just keeps paying the fine as its the lesser amount. Can anyone shed any light on this or is it codswallop ?

    I doubt this is true as most other EU states tend to have TV licences but I am open to correction...


  • Closed Accounts Posts: 3,591 ✭✭✭RATM


    View wrote: »


    I doubt this is true as most other EU states tend to have TV licences but I am open to correction...

    Nice one thanks for the link.

    The way I heard the TV license thing was that a state couldn't charge a tv license fee if the state run tv channel takes in ciommercial advertising. It most likely wasn't a directive but more something to do with competition in markets I think. Anyone got any ideas ?


  • Registered Users, Registered Users 2 Posts: 23,283 ✭✭✭✭Scofflaw


    RATM wrote: »
    Nice one thanks for the link.

    The way I heard the TV license thing was that a state couldn't charge a tv license fee if the state run tv channel takes in ciommercial advertising. It most likely wasn't a directive but more something to do with competition in markets I think. Anyone got any ideas ?

    Is this from here?
    I am currently beginning a process of challenging the television licence because it is illegal under EU compition law and amounts to a state sponsered corprate fraud perpatrated on every household in EIRE to the tune of 200 million euros per year.

    I for one do not wish to support the so called state broadcaster (RTE) as long as long as they continue to broadcast a completly onesided goverment propaganda agenda.

    I have made my concerns known to minster eamon ryan and recived no reply.

    If anybody has any ideas on my best approach to the problem they would be gratefully recived.

    It gives me some hope to be able to converse with people who belive that in some small way we can put the brakes on the coming federal goverment and who dont see me as complete nutter for wanting to try!!

    According to the Commission:
    The EU has only very limited power to tell countries how to run and finance their national broadcasting systems.

    Its primary job is just to ensure there is fair competition between broadcasters. It makes sure that government funding for public broadcasters is not excessive, measured against the scope of the broadcasters' remit.

    For more on this division of powers, see:

    Altmark judgement (EU court) and Chronopost judgment (EU court)

    EU policy papers on public service broadcasting

    However, RTE has certainly come under scrutiny from the Commission, apparently following a competition complaint from TV3 - there's a very detailed exchange of letters and emails relating to it here. The outcome was as follows:
    The Commission has the honour to inform you that the commitments given by Ireland in the context of the present procedure remove the Commission's concerns about the incompatibility of the licence fee financing of Radio Teilifís Éireann (RTÉ) and Teilifís na Gaeilge (TG4). Consequently, the Commission decided to close the present investigation in accordance with Article 18 and 19 of the "Procedural Regulation".

    As you can see, the decision was, essentially, that RTE's remit as a public service broadcaster was sufficient to justify the licence fee. Unfortunately, the question of whether RTE are actually good at what they do is apparently not something the Commission can consider.

    cordially,
    Scofflaw


  • Registered Users, Registered Users 2 Posts: 23,283 ✭✭✭✭Scofflaw


    On the subject of Directives that Ireland hasn't implemented, or has implemented badly - there's a statistical summary here. Unfortunately, that's just "how many" with no apparent drill-down to what the cases were, even though they must have had and used that data to compile the stats.

    Unfortunately, it also seems that each DG publishes its own list of infringement cases, as per Taxation & Customs here or Environment here. Irish Ministers only appear to publish them in response to questions in the Dáil, and while they're sometimes picked up by NGOs - there's a table of environmental cases here - that's again on a sectoral basis. Decisions of the Commission can be accessed here, but no summary and no detail.

    cordially,
    Scofflaw


  • Registered Users, Registered Users 2 Posts: 5,027 ✭✭✭dogbert27


    Without sources but to my knowledge it wasn't to do with the tv licence as I know Finland has the same system except theirs is a media licence for €220 but it was the VRT that the government charges on cars.

    Ireland is the only country in the EU apparantly that still charges VRT even though it shouldn't according to the EU.

    Sorry, it's a very loose example but a topic I've discussed with various people over the years so there's probably something to it.


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  • Registered Users, Registered Users 2 Posts: 1,241 ✭✭✭baalthor


    dogbert27 wrote: »
    Ireland is the only country in the EU apparantly that still charges VRT even though it shouldn't according to the EU.

    Sorry, it's a very loose example but a topic I've discussed with various people over the years so there's probably something to it.

    No there isn't ...

    VRT isn't illegal and many countries have it, some at a higher rate than Ireland.
    A Ford Fiesta costs nearly ?30 grand in Denmark !


  • Registered Users, Registered Users 2 Posts: 5,027 ✭✭✭dogbert27


    baalthor wrote: »
    No there isn't ...

    VRT isn't illegal and many countries have it, some at a higher rate than Ireland.
    A Ford Fiesta costs nearly ?30 grand in Denmark !

    Fair enough. As I said it was a loose example based on water cooler conversations. :o


  • Registered Users, Registered Users 2 Posts: 5,027 ✭✭✭dogbert27


    Okay it was block exemption I was thinking of. I don't think Ireland is ignoring it though.

    Recent EU legislation has outlawed what used to be known as ‘Block Exemption’, an unwritten rule which prevented dealers from selling outside certain ‘zones’ set by the carmakers, so they are now free to sell to whomever they like regardless of where they’re from. The upshot of this is that Irish dealerships are now free to sell cars to people from outside the country and once those cars are fitted with temporary ‘ZZ’ plates, the foreign buyer is free to drive away in his or her new car and register it once they’re home.

    Full article here:

    http://www.motornet.ie/content/templates/template_tax.asp?articleid=2963&zoneid=68


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