Ireland's State of the Environment Report 2024

443 Chapter 16: Environmental Policy Implementation and Performance Infringement procedures for breaches of EU environmental law The European Commission has the power to bring legal action – an infringement procedure – against Member States for failing to properly implement EU law. Infringement procedures can arise from the Commission’s own investigations or following complaints from citizens, businesses or other stakeholders. The procedures follow a number of formal steps that require engagement between the Commission and the Member State. If the Member State fails to remedy the breach of EU law, the Commission may refer the matter to the CJEU, which, in certain cases, can impose financial penalties. Most cases are resolved before being referred to the CJEU. Unresolved infringements point to ongoing structural, administrative and legislative deficiencies in the implementation of environmental legislation and can be damaging to a country’s international reputation. The number of open infringements fluctuates over time as existing infringement procedures are closed and new ones are opened. 1 1 The latest information on infringements is available on the European Commission website (ec.europa.eu/info/law/infringements_en) accessed 1 August 2024. As shown in Figure 16.3, as of 21 June 2024, there were nine CJEU cases and 16 infringements open against Ireland for failures in implementing EU environmental legislation. The cases comprised four relating to water (poor application of the Urban Waste Water Treatment Directive, exceedances of trihalomethanes in drinking water and issues relating to incorrect transposition of the Water Framework Directive (2000/60/EC)), four relating to nature (failures to designate special protection areas (SPAs) and SACs and failures to fulfil obligations under the Invasive Alien Species Regulation ((EU) 1143/2014)) and one relating to impact assessment (not properly carrying out an EIA). The active infringements consist of five relating to water, four relating to nature, two each relating to air, climate and impact assessment, and one relating to access to justice. As illustrated in Figure 16.3, the majority of environmental infringement procedures pursued by the Commission against Ireland over the last 22 years have related to shortcomings in implementing waste, air, water and nature legislation. Figure 16.3  Closed infringement procedures against Ireland since 1 January 2002 for failures in implementing EU environmental legislation Waste Air Water Nature Other* Chemicals Environmental assessment Climate & floods Access to justice Marine Water Nature Environmental Assessment Air Water Nature Environmental Assessment Climate & floods Access to justice 41 21 21 18 12 10 9 9 2 1 Summary of closed infringements (up to June 2024) Open infringements (from July 2024) Open CJEU cases (from July 2024) 0 1 2 3 4 5 0 1 2 3 4 5 2 5 4 2 2 1 4 4 1 *The ‘other’ infringements related to the Seveso Directive, Noise Directive, Environmental Liability Directive, Integrated Pollution Prevention and Control Directive and the Nagoya Protocol on Access to Genetic Resources.