The European Commission has initiated a formal complaint against the Republic because of its lack of licensing arrangements for waste management contractors.
The Commission is concerned the Government has not introduced regulations requiring those who collect or transport waste to be registered with competent authorities. The letter of formal notice, a first written warning, was sent to the Government last month following a complaint from a resident of Bray, Co Wicklow. The complaint concerned Bray Urban District Council's attempts to privatise the refuse service last year.
Several local authorities in the State have now withdrawn either partially or completely from the waste collection business. The EU reprimand comes as the High Court is deliberating on a legal challenge to Wicklow County Council's decision to privatise its refuse service from January last year.
The privatisation is being resisted by a Green Party member of Wicklow County Council, Ms Deirdre De Burca, who took the judicial review action last November. She is seeking a declaration that the council had failed to complete a waste management plan, orders quashing the county manager's order of January 27th, 2000, ending the council's refuse collection service from January 28th, 2000, and directing the council to resume waste collection.
Counsel for Ms De Burca told the court Wicklow County Council had abdicated its statutory duty to collect and dispose of waste and had, instead, given the job to private operators, most of whom, it was claimed, were not authorised to carry out the functions.
In its defence, the council says it has prepared and adopted a waste management plan in accordance with the EC 1979 regulations and the 1976 Waste Management Act.
It says it is complying with the provisions of the Act and the decision to cease waste collection services was valid and not unreasonable.
Mr Justice O Caoimh has yet to rule on the case.
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