Dáil Éireann Debate, Tuesday - 17 October 2023
321. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the EU directives relating to his own Department that Ireland is not in compliance with, and his timelines to ensure we do comply, in tabular form, by directive name and expected date of compliance., [44916/23]
Amharc ar fhreagraMy Department continues to put in place the necessary measures to ensure the full transposition, implementation and enforcement of EU environmental law in Ireland.
The Court of Justice of the European Union (CJEU) has handed down judgments in the following cases in respect of non-compliance with the Directives specified below which relate to my Department:
|
Commission Infringement File |
Directive Title |
CJEU Case No |
|
INFR (2000)4384 - EIA for projects in or likely to affect NATURA 2000 sites. |
Directive 85/337/ of 27/6/85 on the assessment of the effects of certain public and private projects on the environment |
C-261/18 |
|
INFR (2013)2056 - Application of Directive concerning urban waste water |
Directive 91/271/EEC concerning urban waste-water treatment |
C-427/17 |
|
INFR (2015)2006 - Designation of Special Areas of Conservation in Ireland |
Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora |
C-444/21 |
Further detail in relation to the all three cases are available on CURIA - Home - Court of Justice of the European Union (europa.eu).
Due to the complexities involved it is difficult to give definitive timelines of when cases can be progressed to closure. However, my Department is in regular communication with the Commission, providing updates on legislative developments and actions to resolve matters as quickly as possible.
Separately, and for completeness, the European Commission identifies possible infringements of EU legislation on the basis of its own investigations or following complaints from citizens, businesses or other stakeholders. Further information on the infringement process, including information on Commission decisions is available:commission.europa.eu/law/application-eu-law/implementing-eu-law/infringement-procedure_en#:~:text=Infringement%20procedure%20According%20to%20the%20EU%20treaties%2C%20the,Court%20of%20Justice%2C%20which%20can%20impose%20financial%20sanctions.
In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 5 open infringement cases relating to transposition and implementation of EU environmental legislation. The following table lists the directives involved and the stage of proceedings in respect of these cases.
|
Commission Infringement File |
Directive Title |
Stage |
|
INFR (2007)2238 - Incorrect transposition of the Water Framework Directive |
Directive 2000/60/EC establishing a framework for Community action in the field of water policy |
Referral to CJEU – Article 258 TFEU |
|
INFR (2017)4007 - Exceedance of THM parametric value in drinking water in Ireland |
Directive 98/83/EC on the quality of water intended for human consumption |
Referral to CJEU – Article 258 TFEU |
|
INFR (2022)2185 - Late review, adoption and reporting of third river basin management plans |
Directive 2000/60/EC establishing a framework for Community action in the field of water policy |
Reasoned Opinion – Article 258 TFEU |
|
INFR (2010)2161 - Application of Articles 6(2), 6(3) and 6(4) of the Habitats Directive |
Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora |
Additional Reasoned Opinion – Article 258 TFEU |
|
INFR (2018)2319 - Establish penalties in accordance with Article 30 |
Regulation (EU) No 1143/2014 - of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species |
Reasoned Opinion – Article 258 TFEU |
