Early Warning System regarding EU Legislative Change on Critical Infrastructure: Arrangements for notification of forthcoming EU legislative changes that may affect the development of critical national infrastructure

To: All Departments

A Dhaoine Uaisle,

1. I am directed by the Minister for Foreign Affairs and Trade to set out the arrangements for notification of forthcoming EU legislative changes that may impact the future development and delivery of critical national infrastructure, including in particular those projects designated by Government as Critical Infrastructure.[1]

2. The Government published the ‘Accelerating Infrastructure Report and Action Plan’ on 3 December 2025.

3. Action 12 of the Action Plan foresees the establishment of an Early Warning System regarding EU Legislative Change on Critical Infrastructure. Sub action 12(iii) foresees that the Department of Foreign Affairs and Trade will issue a new Circular informing Departments of the requirement to notify the Department of Foreign Affairs and Trade of forthcoming EU legislative changes that may affect the development of critical national infrastructure.

4. This Circular sets out the arrangements for such notifications and the follow up envisaged.

5. On a quarterly basis, Government Departments notify the Department of Foreign Affairs and Trade of any new and potentially significant EU legislative proposals for inclusion in the quarterly Memorandum to Government on cross-governmental EU legislative activity, transposition and infringements (the “Keeping Government Better Informed” Memorandum for Information).

6. As part of their quarterly return to the Department of Foreign Affairs and Trade, Departments are requested to identify any legislative proposals published by the European Commission that could have an impact on the delivery of national infrastructure, including in particular those projects designated by Government as Critical Infrastructure. These proposals will then be listed in the Memorandum.

7. Any proposals identified that could have an impact on the delivery of critical national infrastructure and listed in the Memorandum will be discussed under a regularly arising agenda item at the senior official High Level Group on EU Policy, which is chaired by the Director-General of EU Division in the Department of Foreign Affairs and Trade with Assistant Secretary level representation from across Government Departments.

8. The European Coordinators’ Network, chaired at Counsellor level in the Department of Foreign Affairs and Trade with Principal Officer level representation from across Government Departments, will support the High Level Group in its work.

9. The High Level Group will determine appropriate follow up and will keep the negotiation of these proposals under active review to ensure that Irish positions take into account infrastructure implications.

10. Should the High Level Group consider that a proposal is likely to have a significant impact on the future development and delivery of critical national infrastructure, it may decide to refer the matter to the Senior Officials’ Group on Infrastructure for deliberation and consideration of next steps.

11. This mechanism is designed to ensure that an appropriately broad, inter-Departmental view is taken into account regarding the negotiation and implementation of EU legislation that is likely to impact the delivery of critical national infrastructure.

12. Oireachtas Scrutiny Notes are prepared by the lead Department for any new legislative proposal or initiative from the European Commission within 20 days of publication. The Oireachtas Scrutiny Note summarises the main elements of the proposal, the Department’s initial view, and any possible implications for Ireland.

13. Departments are now also required to include information about the potential for the proposal to impact the delivery of critical national infrastructure and should set out any possible implications. Once shared with the Oireachtas, the Oireachtas Scrutiny Notes will also be shared with the High Level Group on EU Policy by the EU secretariat in the Department of Foreign Affairs and Trade to support their discussions.

14. Departments and bodies must ensure internal arrangements are in place to ensure timely notification and analysis of forthcoming EU legislative changes that may impact the future development and delivery of critical national infrastructure.

15. Enquiries in relation to these arrangements can be addressed to EUPolicyI@dfa.ie

16. This circular takes effect from 30 March 2026.

Mise le Meas,

Maeve von Heynitz
Director-General, EU and Trade Policy Division