I propose to take Questions Nos. 445, 446 and 466 together.
A Reasoned Opinion from the European Commission in relation to the interpretation of the definition of water services under the water framework directive was received in November 2011, with a request for reply by 29 January 2012. My Department sought, and has been granted, an extension of the date for reply to 29 March 2012, in view of the complexity of the issue. This matter is also the subject of Reasoned Opinions issued to at least 5 other Member States.
In relation to the question of payment for the use of water for purposes such as hydropower or inland navigation, Article 9 of the Water Framework Directive provides Member States with some discretion on the application of the cost recovery principle. For example, Member States may have regard to the social, environmental and economic effects of the recovery, as well as the geographic and climatic conditions of the region affected.
My Department is considering its response to the Reasoned Opinion in consultation with the Office of the Attorney General. It would not be appropriate or normal procedure to lay the terms of the eventual reply before the Houses of the Oireachtas; the matter is likely to be subject to further communication between the Commission and the Irish authorities.
Question No. 447 answered with Question No. 440.