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EU Directives

Dáil Éireann Debate, Wednesday - 20 February 2019

Wednesday, 20 February 2019

Questions (246)

Eoin Ó Broin

Question:

246. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the details of the recently initiated infringement proceedings by the EU Commission against Ireland for breaches of the water framework directive; the nature of the infringements; and if he will make a statement on the matter. [8525/19]

View answer

Written answers

An additional letter of formal notice from the European Commission relating to Infringement 2007/2238, which deals with Ireland's transposition of the Water Framework Directive, was received by my Department on 24 January 2019.

The letter outlines areas in which Ireland is alleged to have incorrectly or not fully transposed the Directive. The key elements of the Directive which, it is alleged, have been incorrectly or inadequately transposed by Ireland include the following:

- Article 2(28), the definition of "water services"

- Article 7(3) dealing with the protection of drinking water sources

- Article 11(3)(e) dealing with the control of abstractions and impoundments of water

- Article 11(5), dealing with the monitoring of water quality and the investigation of quality failures

- Article 11(6), dealing with the potential impact on marine waters of measures taken under the Directive

- Articles 11(7), 11(8) and 13(7) which set out key operational and review dates.

The letter also alleges potential gaps in transposition of the annexes to the Directive and in some definitional transpositions, as well as a number of possible interpretative misalignments.

In relation to Article 9(1), dealing with the recovery of costs for water services, the letter notes that responses received from Ireland are under consideration by the Commission and that the Commission will at this stage not follow up on transposition of this sub-article but that this is without prejudice to future follow up on the matter.

The Commission has sought a response within two months of receipt of the letter. However, given the extent and detail of the questions raised, my Department has requested a two-month extension, to 24 May 2019, in order to provide a full response to all the questions raised.

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