Martin Cullen (Waterford, Fianna Fail)

The purpose of the Third Schedule to the Waste Management Act 1996 is to transpose the provisions of Annex IIA of Council Directive 75/442/EEC – the framework waste directive – which specifies waste disposal activities for the purposes of the directive. Similarly, the Fourth Schedule to the 1996 Act is intended to reflect waste recovery activities specified in Annex IIB of the directive. Minor changes to these annexes were made by Commission Decision 96/350/EC of 24 May 1996. These amendments were carried into the 1996 Act by means of the European Communities (Amendment of Waste Management Act 1996) Regulations 1998. The opportunity is now being taken to confirm the amendments to the two Schedules by means of a statutory provision. As these annexes are fundamental to the application of the directive, it is essential to ensure their precise transposition into national legislation. The European Commission could consider a departure from its substance a breach of the directive which no doubt would lead to legal proceedings. For the reason outlined, I cannot accept the amendments.