Vol. 503 No. 6
99 Mr. Higgins (Dublin West) asked the Minister for Foreign Affairs the time given by the European Commission to reply to letters of inquiry, letters of formal notice and reasoned opinions relating to infringement proceedings; and if he will supply a schedule of these communications giving the time taken to reply to each one. [10757/99]
Article 169 of the treaty establishing the European Economic Community (TEC), provides that if the Commission considers that a member state has failed to fulfil an obligation under the treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations; and that, if the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the European Court of Justice.
When it believes that a member state has failed to meet its obligations under the treaty the Commission, acting under Article 169, writes formally to the member state concerned, in the normal course to the Minister for Foreign Affairs, setting out its views and asking the member state to submit observations on the contents of the Commission letter within two months of receipt there- of. The letter advises that after taking note of the observations of the member state, the Commission may, if necessary, deliver a reasoned opinion under Article 169; and also that, if it does not receive a response within the time limit given, the Commission may deliver a reasoned opinion.
When the Commission issues a reasoned opinion under the provisions of Article 169, it invites the member state to take the measures necessary to comply with the reasoned opinion within two months of the notification thereof.
