Vol. 275 No. 8
asked the Minister for Foreign Affairs if some member countries of the EEC have on occasions not observed the Treaty of Rome and subsequent directives; and, if so, if he will give examples of these occurrences and briefly indicate the penalties imposed; and if he will state if these penalties were met.
72.
asked the Minister for Foreign Affairs the circumstances under which a country, now a member of the EEC, may seek and be allowed a derogation from the Treaty of Rome and subsequent directives.
With the permission of the Ceann Comhairle I propose to take Questions Nos. 71 and 72 together. No derogation from the provisions of the Treaty of Rome is permitted except where provided for in the treaty itself.
Regulations and directives and decisions are binding on all member States and on those to whom they are addressed. They continue to be applicable until revoked or amended by subsequent Regulations, Directives or Decisions.
The Treaties provide for the action to be taken in cases of non-compliance with obligations thereunder.
It might be said that every case before the European Court arises from alleged breaches of obligations imposed by the Treaties. There have been over 30 cases against member States since the foundation of the Communities, in the majority of which the court found that there had been a breach of obligations. Member States are required by the provisions of the Treaty to comply with the judgment of the court. I am not aware of any case in which a penalty was imposed by the court on a member State.
In cases where the Commission considers that action by a State is not compatible with its commitments it so informs the State concerned and also seeks the comments of other member States in the matter. If the States does not comply with the decision of the Commission the Commission may then bring the matter before the court. We are, therefore, aware of any action by the Commission in these cases at an early stage and may submit comments before the matter reaches the court.
