Written answers
Tuesday, 6 October 2020
Department of Housing, Planning, and Local Government
EU Directives
Catherine Connolly (Galway West, Independent)
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340. To ask the Minister for Housing, Planning, and Local Government the cost to his Department to date of all fines paid by Ireland for non-transposition of EU directives into Irish law; the breakdown, by directive of the lump sum cost and the daily cost of each fine; and if he will make a statement on the matter. [26679/20]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Fines have arisen in relation to two cases that involved transposition issues and the details of these cases are set out in the following table:
Year | Case Ref. | Directive | Details of Fine | Amount | Payment Details |
---|---|---|---|---|---|
2013 | C-374/11 | Council Directive 75/442/EEC of 15 July 1975, as amended | €2 million lump sum fine plus €12,000 /day pending full compliance imposed in relation to transposition and implementation of the Directive relating to the disposal of domestic waste water through septic tanks and other individual waste water treatment systems. | €2,000,000 €648,000 | Lump sum fine paid by DECLG in March 2013 Daily fines paid by DECLG in April 2013 |
2013 | C-279/11 | Council Directive 85/337/EEC, as amended | €1.5 million lump sum fine imposed in relation to transposition of the Directive relating to Environment Impact Assessments. | €1,500,000 | Lump sum fine paid by DECLG in March 2013 |
Fines have also arisen more recently in relation to one other case, reference C-261/18.This case is not related to transposition but rather to the implementation of the EIA Directive in the context of the Derrybrien wind farm. A lump sum fine of €5 million was paid in January 2020. Daily fines of €15,000 from the date of judgment (12/11/2019) were also imposed but a notification letter for payment has yet to be received from the Commission. The judgment will be complied with when the facility is subjected to a retrospective EIA, otherwise known as substitute consent. The substitute consent process is underway.
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