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Dáil Éireann debate -
Tuesday, 20 May 1980

Vol. 321 No. 1

Written Answers. - Non-implementation of Directives or Regulations.

201.

asked the Minister for Foreign Affairs the content of each of the directives or regulations which Ireland has failed to implement over the last six years.

Article 169 of the Treaty provides that the Commission may, if it considers that a member state has failed to fulfil a Treaty obligation, take the matter before the Court of Justice after the member state has had an opportunity to submit its observations and if the member state concerned fails to comply with a Commission reasoned opinion within the period laid down by the Commission.

On the basis of a preliminary check, which is all that has been possible in the time available, it would appear that there has been no ruling of the Court of Justice that Ireland has failed to implement a directive.

In regard to regulations, the position following a preliminary check is that in a judgment on 16 February 1978, in the case, The Commission of the European Communities v. Ireland, the Court of Justice held, inter alia, that the Irish fishery conservation measures were in breach of Regulation (EEC) No. 101/76.

I will write to the Deputy shortly when a comprehensive examination has been made.

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