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EU Regulations

Dáil Éireann Debate, Tuesday - 28 April 2026

Tuesday, 28 April 2026

Questions (288)

Carol Nolan

Question:

288. Deputy Carol Nolan asked the Minister for Climate, Energy and the Environment to provide details on all open EU infringement proceedings where the subject of the infringement relates to the functions of his Department; the reason the infringement proceedings were initiated; the procedural stage of the infringement proceedings; and if he will make a statement on the matter. [30262/26]

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Written answers

Where a Member State fails to fulfil their Treaty obligations, either by lack of transposition, incomplete transposition, or the incorrect application of EU law, the Commission may initiate an infringement procedure under Article 258 of the Treaty on the Functioning of the European Union.

The infringement procedure follows a structured sequence:

• the Commission issues a letter of formal notice, providing the Member State an opportunity to submit observations;

• if the matter remains unresolved, the Commission delivers a reasoned opinion specifying the breach and demanding compliance within a defined period;

• should the Member State fail to comply, the Commission may refer the matter to the Court of Justice of the European Union.

Infringement procedures carry significant implications beyond purely legal consequences. They may generate political sensitivities, impose reputational costs, and in cases reaching the Court of Justice, result in substantial financial penalties through lump sum payments and daily penalty payments.

Please see the attached file for details of my Department's current infringements.

Number

Title

Stage

2012/4028

Directive 2003/35/EC with regard

to public participation and access to justice

Letter of Formal Notice

2018/2030

Council Directive 2011/70 safe

management of spent fuel and radioactive waste

Reasoned Opinion

2019/4007

Directive 2011/92/EU on the

assessment of the effects of certain public and private projects on the environment

Reasoned Opinion

2022/2073

Directive (EU) 2016/2284 on the

reduction of national emissions of certain atmospheric pollutants

Reasoned Opinion

2024/0231

Directive 2023/2413 as regards

the promotion of energy from renewable sources (RED III).

Reasoned Opinion

2024/2130

Directive 2012/19/EU on waste

electrical and electronic equipment (WEEE).

Letter of Formal Notice

2025/0146

Directive (EU) 2024/1711 as

regards improving the Union’s electricity market design.

Letter of Formal Notice

2025/2005

Directive 1999/31/EC ('the

Landfill Directive')

Letter of Formal Notice

2025/0226

Directive 2023/2413 as regards

the promotion of energy from renewable sources (RED III).

Letter of Formal Notice

2025/0332

Directive (EU) 2023/1791 on

energy efficiency and amending Regulation (EU) 2023/955

Letter of Formal Notice

2025/2231

The Energy Charter Treaty

Letter of Formal Notice

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