Joanna Tuffy (Dublin Mid West, Labour)
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Question 103: To ask the Minister for Communications, Energy and Natural Resources the position regarding the legal action taken by the European Commission in 2009 on concerns over Ireland's obligations under the EU Directive on emergency oil stocks; and if he will make a statement on the matter. [10138/10]

Eamon Ryan (Dublin South, Green Party)
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In 2008 the EU Commission issued a formal notice of infringement proceedings arising from the Commission's view that section 26 (4) of the National Oil Reserves Agency Act, 2007 was not compatible with Article 3(1) of Directive 2006/67/EC on the basis that the section allowed the National Oil Reserves Agency (NORA) stocks to be used as security against Agency loans. While in reality, NORA never used nor planned to use its stocks as security against any of its loans, the undertaking was given to the Commission to repeal the relevant Section of the Act in the interest of ensuring full compliance with the terms of the Directive.

Accordingly, I signed the European Communities (Repeal of Section 26(4) of the National Oil Reserves Agency Act 2007) Regulations 2009 (S.I. No 247 of 2009) on 30th June 2009. These Regulations repealed Section 26(4) of the National Oil Reserves Agency Act 2007, in order to make the 2007 Act compatible with Article 3(1) of the Directive and the European Commission was notified of this action accordingly.