Dáil Éireann Debate, Wednesday - 4 May 2022
138. Deputy Catherine Murphy asked the Minister for Transport if he will provide a schedule of fines and totality of the amount paid in respect of fines issued by the EU on his Department for failing to transpose EU directives; if he will include the directive that was not transposed on time; and if he will indicate the directives that are still not fully transposed for the past 25 years to date in 2022. [22336/22]
View answerMy Department has, to date, not paid any fines for non-transposition of EU Directives into Irish law.
An EU Coordination Unit within my Department is responsible for engaging with the EU Commission on issues relating to non-transposition of EU law where the Department of Transport has lead responsibility for ensuring such transpositions. The Unit reports on a regular basis to the Management Board and Ministerial Management Board of the Department on current EU legislation developments encompassing ongoing active infringement cases initiated by the European Commission and transpositions of adopted Directives, including all instances where such transpositions are overdue.
On the subject of overdue Directives my Department currently has a number of overdue transpositions which are the subject of formal infringement proceedings by the European Commission, including cases for incorrect application and for failure to comply with obligations under EU Law. In each of these cases, the Department has already taken the necessary action to remedy the infringement or is in the process of doing so.
The Department has a further four Directives which are not transposed within the specified timeframe but are not as yet subject to formal infringements proceedings. The Department is liaising with the Office of Parliamentary Counsel in each case to prepare the necessary Statutory Instruments to give effect to the outstanding Directives.
|
Date required for transposition |
Directive Title and Current Status |
|
20 August 2020 |
Regulation (EU) 2020/1054 regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation EU) No 165/2014 as regards positioning by means of tachographs: Transposition due date: 20 Aug Current status: Drafting of a Statutory Instrument underway. |
|
12 December 2020 |
Directive 2014/94/EU Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure Current Status: Drafting of a Statutory Instrument underway. |
|
16 July 2021 |
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (Department of Enterprise, Trade and Employment have the national lead on this Directive) Current Status: Drafting of a Statutory Instrument underway. |
|
19 October 2021 |
Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union Current Status: Drafting of a Statutory Instrument underway. |
|
21 February 2022 |
REGULATION (EU) 2020/1055 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector Current Status: Drafting of a Statutory Instrument underway. |
|
2 February 2022 |
DIRECTIVE (EU) 2020/1057 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 Current Status: Infringement proceedings have been initiated by the European Commission. Drafting of a Statutory Instrument is underway. |
|
17 June 2017 |
DIRECTIVE 2009/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council.
Current Status: The European Court of Justice found in 2020 that Ireland had failed to comply with obligations under Article 8(1) of Directive 2009/18/EC. To address this judgement, a new Statutory Instrument, No. 444 of 2020, was signed by the Minister and communicated to the European Commission in October 2020. The views of the Commission are currently awaited. |
|
16 June 2015 |
Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, as amended by Directive (EU) 2016/2370
Current Status: Ireland received infringement proceedings on this Directive for incorrect application and transposition. On 2 February 2022, the Department responded to the European Commission setting out its views. A response from the European Commission is awaited. |
|
31 January 2022 |
Commission Delegated Directive (EU) 2021/1206 of 30 April 2021 amending Annex III to Directive 2014/90/EU of the European Parliament and of the Council on marine equipment as regards the applicable standard for laboratories used by conformity assessment bodies for marine equipment (Text with EEA relevance)
Current Status: Infringement proceedings have been initiated by the European Commission. The Directive was transposed via S.I. 625 of 2021 which was signed by the Minister on 25 November 2021. However, the Statutory Instrument was only communicated to the Commission on 23 March 2022. A response to the European setting out the position is currently being prepared. |
My Department continues to put in place the necessary measures to improve the transposition, implementation and enforcement of EU transport law in Ireland.
