Written answers

Tuesday, 2 November 2021

Department of Communications, Climate Action and Environment

EU Directives

Photo of Rose Conway-WalshRose Conway-Walsh (Mayo, Sinn Fein)
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136. To ask the Minister for Communications, Climate Action and Environment when Article 8 of the Broadband Cost Reduction EU Directive will be implemented; and if he will make a statement on the matter. [52250/21]

Photo of Darren O'RourkeDarren O'Rourke (Meath East, Sinn Fein)
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148. To ask the Minister for Communications, Climate Action and Environment when he will implement Article 8 of the Broadband Cost Reduction Directive; the reason it has remained unimplemented; and if he will make a statement on the matter. [52604/21]

Photo of Ruairi Ó MurchúRuairi Ó Murchú (Louth, Sinn Fein)
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164. To ask the Minister for Communications, Climate Action and Environment if he or his officials have had engagements with the European Commission regarding the Broadband Cost Reduction Directive 2014/61/EU, specifically in regard to article 8 and new buildings being broadband ready; if he has plans to implement this directive; and if he will make a statement on the matter. [53330/21]

Photo of Ossian SmythOssian Smyth (Dún Laoghaire, Green Party)
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I propose to take Questions Nos. 136, 148 and 164 together.

Directive 2014/61/EU (‘the Broadband Cost Reduction Directive’) on measures to reduce the cost of deploying high-speed electronic communications networks requires operators of communications, district heating, electricity including public lighting, gas, transport and waste water networks to negotiate agreements to share their network physical infrastructure with public communications networks operators, if requested, unless there are objective reasons not to do so in any particular case.

The Directive provides, among other things, for infrastructure sharing requirements and a requirement to establish a dispute settlement body to adjudicate in disputes regarding access to other networks and the terms and conditions of such access. The European Union (Reduction of Cost of Deploying High Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016) transposing these requirements of the Directive were signed into law  on 20 July 2016.

It remains the case that Article 8 of the Directive has yet to be transposed. Article 8 requires that that all newly constructed buildings at the end-user's location, with certain exceptions, or buildings undergoing major renovation works, for which applications for building permits have been submitted after 31 December 2016, are equipped with a high-speed-ready in-building physical infrastructure.  An amendment to the Building Control Acts is required to effect its transposition, and Officials in my Department have engaged with the European Commission on the matter. My Department is engaging with the Department of Housing, Local Government and Heritage on the necessary measures to transpose this provision, in order that they can be finalised as a matter of urgency.

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