Bernard Allen (Cork North Central, Fine Gael)
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Question 25: To ask the Minister for Foreign Affairs the number of outstanding judgments, findings or infringement proceedings against Ireland for the failure or delay to transpose European Union regulations into Irish law or to act on applicable European directives or legislation; and if he will make a statement on the matter. [33302/05]

Dermot Ahern (Louth, Fianna Fail)
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The obligation on member states to transpose EU legislation relates to EU directives. EU regulations do not need to be transposed, as they are directly applicable.

If the EU Commission considers that a member state has failed to fulfil an obligation, such as failure to transpose a directive or incorrectly transposing a directive, it can — under Article 226 of the treaty — issue a reasoned opinion on the matter. If the member state concerned does not comply with the opinion within the period laid down by the Commission, the Commission may bring the matter before the European Court of Justice. Where such an action is taken against a member state under Article 226, and the infringement in question is not addressed, the Commission will bring an action under Article 228 seeking fines against the member state in question.

At present, Ireland has no outstanding judgments, findings or infringements against it for the failure to transpose, or delay in transposing, EU directives into Irish law, or failure to act on applicable directives. There are, however, 24 infringement proceedings against Ireland under Article 226 for alleged incorrect transposition of EU directives. In five of these cases, a judgment has already been made, and Ireland must now comply with these judgments. In addition, there are five cases at the Article 228 stage.

The Government takes all infringement cases against Ireland very seriously and has put in place structures and procedures to ensure that all such proceedings are dealt with properly and effectively.