Written answers
Tuesday, 30 November 2021
Department of Housing, Planning, and Local Government
EU Directives
Carol Nolan (Laois-Offaly, Independent)
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241. To ask the Minister for Housing, Planning, and Local Government if legal action is being pursued against his Department by the European Commission following failure to comply with reporting or other obligations under a European Union directive; and if he will make a statement on the matter. [58507/21]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Where the European Commission believes that there has been a failure by a Member State to comply with the transposition, implementation or reporting requirements of an EU Directive, it can initiate infringement proceedings against that Member State. The Commission has initiated a number of infringement proceedings against the State in areas that fall within the responsibility of my Department. The following table lists the current open cases.
| Case Number | Name | Description |
|---|---|---|
| Infringement 2017/0368 | Transposition of Directive 2014/52/EU (Environmental Impact Assessments) | The 2014 EIA Directive amends the 2011 Directive, necessitating changes in law, regulations and administrative provisions across a range of domestic legislative codes, to update the requirements for Environmental Impact Assessment (EIA) in respect of specified development project types, mostly large-scale, which may have environmental impacts. |
| Infringement 2007/2238 | Transposition of Directive 2000/60/EC (Water Framework Directive) | Alleged weaknesses in the transposition of the Water Framework Directive. |
| Infringement 2017/4007 | Ireland's compliance with Directive 98/83/EC (Drinking Water Directive) | Elevated levels of Total Trihalomethanes (TTHMs) in both public and group drinking water supplies. |
| Infringement 2019/2286 | Transposition of Directive 2008/105/EC (environmental quality standards re: Priority Substances in the field of water policy) | Concerning the transposition of Directive 2008/105/EC on environmental quality standards as regards priority substances (pollutants). The Commission alleges a number of areas where Ireland has incorrectly transposed the Directive. |
| Infringement 2010/2161 | EU action against Ireland re Peatlands | Conservation status of peatlands within Special Areas of Conservation (SAC) protected under the EU Habitats Directive as well as the regulation of peatlands outside protected sites. |
| Infringement 2015/2006 | Designation of Special Areas of Conservation (SACs) and measures for their maintenance and restoration | Ireland’s implementation of the Habitats Directive in respect of 423 Special Areas of Conservation in its territory. |
| Infringement 2018/2319 | Ireland's failure to implement EU IAS Regulation No. 1143/2014 (transposition issue) | Failure to implement regulation with respect to Invasive Alien Species. |
| Infringement 2021/2015 | Ireland’s compliance under IAS Regulation 1143/2014 (Article 13), on the prevention and management of the introduction and spread of invasive alien species | This case relates to Article 13 of the EU IAS Regulation (1143/2014) and Ireland’s obligation to establish Priority Pathway Action Plans (PPAPs) for invasive alien species of Union concern. |
| CJEU Case C418/04 | Failure to implement the Birds Directive | Ireland’s compliance with the European Court Judgement in this Case is largely achieved, with a small number of remaining issues being finalised. |
| Infringement 2020/0201 | Failure to transpose amending Directive 2018/844EU concerning Directive 2010/31/EU on the Energy Performance of Buildings | This case relates to Ireland’s failure to transpose amending Directive 2018/844EU concerning Directive 2010/31/EU on the Energy Performance of Buildings. |
| Infringement 2000/4384 (CJEU Case C261/18) | Environmental Impact Assessment (EIA) for projects in or likely to affect NATURA 2000 sites | This CJEU case relates generally to the validity of retention planning permissions for developments which require environmental impact assessment (EIA), and in particular to the validity of the permission granted for the Derrybrien wind farm in County Galway. |
| Infringement 2013/2056 (CJEU Case C427/17) | Ireland's compliance with Directive 91/271/EEC concerning urban waste water treatment | The CJEU delivered a judgment in March 2019, finding against Ireland for failures to comply with the requirements of the Directive concerning urban waste water treatment in 28 agglomerations (urban areas) in Ireland |
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