Paul Gogarty (Dublin Mid West, Green Party)
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Question 158: To ask the Minister for the Environment, Heritage and Local Government if he will report on the outcome of the consideration that his Department and the Environmental Protection Agency gave to the European Court of Justice ruling (details supplied). [31087/06]

Dick Roche (Wicklow, Fianna Fail)
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My Department's consideration of the implications of this judgment has been overtaken by the publication by the European Commission in December 2005 of a proposal for a Directive of the European Parliament and of the Council on waste which includes text to deal with this case. The Commission proposal is to exclude unexcavated contaminated soil from the scope of the Directive where already covered by other Community legislation. This proposed directive is currently under negotiation and my Department is actively involved in this process.