The form of EU legislation known as the Directive requires Member States to introduce their own legislation, based on a text agreed at EU level. This invariably leads to variations between Member States' implementation of the legislation
It is well known that Member States will sometimes be more stringent in their national implementing measures than they are required to be by a particular Directive - the practice known as 'goldplating'. So while a Member State might not promote 'stealth legislation' at EU level, there are undoubtedly options for introducing particular requirements at national level (which can then be conveniently blamed on 'Brussels bureaucrats').
It is worth noting that in the EU legislative system, a Directive is different from a Regulation, which must be introduced into national law exactly as set out in the EU-level text.
Eric
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Eric Davies
Fight Alzheimer's - sponsor me at www.justgiving.com/eric2008
European Information Services / Coordinator, European Information Association (part-time only)
PO Box 28
Mold
CH7 6FE
UK
Tel: +44 (0) 1244 552 137
www.eia.org.uk
----- Original Message -----
From: [log in to unmask]
To: [log in to unmask]
Sent: Wednesday, September 03, 2008 10:03 AM
Subject: Re: EU Directive 2006/24/EC
The comments about the UK Government are incorrect. The UK Government does not and cannot promote "stealth legislation" through the EU. EC bureaucrats initiated and drafted the Directive. Many draft Directives then fail because the Council of Ministers will not approve them. This one was approved by unanimous vote of the relevant Ministers from every EU member state. Ergo, it was started by bureaucrats and was approved by Ministers from all countries. Subsequently it was approved by the European Parliament, representing all member states.
I'm deeply unhappy with this legislation - but it wasn't the result of a UK Government conspiracy!
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of MJ Ray
Sent: 03 September 2008 09:43
To: [log in to unmask]
Subject: Re: EU Directive 2006/24/EC
"Eric Davies - EIA" <[log in to unmask]> wrote:
> Natalie, the Directive WILL be implemented in the UK (though as it's a Directive, the detail will no doubt vary from the versions introduced in other Member States - this is the sort of thing that EIA training courses are useful for finding out!).
>
> The Home Office is currently consulting on the 'final phase' of UK implementation - see http://www.homeoffice.gov.uk/documents/cons-2008-transposition (there's also a page on the earlier consultation - http://www.homeoffice.gov.uk/documents/euro-directive-retention-data/).
I suspect this directive requires libraries to log wifi heavily, but I'm no expert on this and I've not yet asked one. I'm still trying to minimise this problem.
So please respond to the consultation and ask for the minimum possible implementation (and so reduce your costs). There are some comments from smarter people than me on http://www.news.software.coop/govuk-consults-on-forced-isp-snooping-please-say-no/61/
I feel that this Data Retention Directive is an example of Stealth Laws - gov.UK introducing unpopular laws by getting legislation through at the EU level, then once citizens realise the damage it does to our freedom, they say "nothing we can do, it's an EU directive". It's happened before and will probably happen again.
We must reform the EU in a citizen-friendly way.
Hope that helps,
--
MJ Ray (slef)
Webmaster for hire, statistician and online shop builder for a small worker cooperative http://www.ttllp.co.uk/ http://mjr.towers.org.uk/ (Notice http://mjr.towers.org.uk/email.html) tel:+44-844-4437-237
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