Written answers

Tuesday, 6 July 2010

10:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 332: To ask the Minister for Transport the reasons Ireland is being referred by the European Commission to the EU Court of Justice for failing to implement fully the first railway package; the measures he is taking to avert this action; and if he will make a statement on the matter. [29488/10]

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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The proceedings being taken against Ireland relate to the transposition of Directive 2001/14/EC. This Directive, which is part of the first railway package, provides for the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification.

In February of this year I signed the European Communities (Railway Infrastructure) Regulations 2010 which updated previous Regulations to provide for access to the international passenger rail market and other provisions of Directive 2001/14/EC.

In a reasoned opinion under Article 225 of the EU Treaty, the European Commission has notified Ireland in October 2009 of a number of aspects of the implementation of the Directive over which it has concerns. Ireland provided a detailed response to the European Commission's reasoned opinion on 7 December 2009.

Despite the response it is understood that the European Commission proposes to take court proceedings against Ireland as regards the manner of implementation of Directive 2001/14/EC. Precise details of the exact nature of these proceedings are awaited and Ireland will respond to the proposed proceedings when they are received.

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