Dáil Éireann Debate, Thursday - 1 May 2025
170. Deputy Liam Quaide asked the Tánaiste and Minister for Foreign Affairs and Trade the financial penalties, including lump sum payments and daily fines, for failing to transpose EU Directives into national law for each of the years 2020 to 2024 respectively, outlining the EU Directive being infringed, the Department responsible and the total amount of the fine, in tabular form. [21816/25]
View answerOver Ireland’s 50 years of EU membership, approximately 4,000 Directives have been transposed into Irish law. The vast majority are transposed on time, usually two years following publication. However, where this does not happen, the European Commission can open infringement proceedings against Ireland. Most infringements are resolved (once transposition is completed) at the initial stages of the infringement proceedings (Letter of Formal Notice or Reasoned Opinion). Where this does not occur, the European Commission can refer Ireland to the Court of Justice of the European Union for non/incomplete transposition. From 2020 to 2024, respectively, the Court of Justice of the European Union has found against Ireland in three infringement cases where financial penalties have been levied, reflected in the following table:
|
Year |
Department |
Directive |
Lump Sum Payment |
Daily Fines |
Total |
|
2020 |
Department of Justice |
Directive 15/849 (4th Anti Money Laundering Directive) |
€2,000,000 |
€2,000,000 |
|
|
2024 |
Department of Tourism, Culture Arts Gaeltacht Sport & Media |
Directive 2018/1808 (Audiovisual Media Services Directive) |
€2,500,000 |
€10,000 |
€5,140,000 |
|
2024 |
Department of Environment Climate & Communication |
Directive 2018/1972 (European Electronic Communications Code (Recast) Directive) |
€4,500,000 |
€4,500,000 |
Details of these cases are as follows –
• 2020 – Department of Justice – Directive 15/849 (4th Anti Money Laundering Directive) - €2,000,000 lump sum
The Court of Justice of the European Union (CJEU) imposed a lump sum penalty of €2million on Ireland for the delayed transposition of the 4th Anti-Money Laundering Directive (Directive 2015/849). Ireland's completion of transposition prior to the CJEU ruling in July 2020 mitigated daily fines being imposed for any continued non-compliance. The lump sum payment was paid to the European Commission, and the infringement case formally closed in June 2021.
• 2024 - Department of Tourism, Culture Arts Gaeltacht Sport & Media – Directive 2018/1808 (the Audiovisual Media Services Directive) - €2,500,000 lump sum and €10,000 daily fines
On 29 February 2024, the CJEU imposed a lump sum fine of €2.5million against Ireland for failure to notify the full implementation of the revised AVMSD into Irish law. The Court also imposed daily fines of €10,000 from the date of judgment until the AVMSD was fully transposed. On October 2024, the first tranche of daily payments of €1.83 million was paid. In December 2024, the European Commission wrote to Ireland to state that by virtue of additional measures communicated to the Commission, it considered Ireland to have completed transposition of the Directive. The final tranche of daily payments was paid on 31 January 2025. The infringement case is awaiting formal closure.
• 2024 – Department of Environment Climate & Communications – Directive 2018/1972 (European Electronic Communications Code (Recast) Directive) – €4.5 million lump sum
Ireland fully transposed Directive 2018/1972 in November 2023. The CJEU imposed a lump sum fine of €4.5million for failure to transpose the Directive within the required time period. Ireland's completion of transposition prior to the CJEU ruling in March 2024 mitigated daily fines being imposed for any continued non-compliance. The lump sum fine was paid on 3 July 2024, and the infringement proceedings formally closed on 2 October 2024.
