Desmond J. O'Malley
Question:17 Mr. O'Malley asked the Tánaiste and Minister for Foreign Affairs the role he envisages for Ireland in the new European Security Pact.
Written Answers. - Pact on Stability in Europe.
The Government welcomed the decision of the European Council in Copenhagen last July that the European Community and its member states should elaborate common proposals for a Pact on Stability in Europe. The Deputy's question refers to a "Security Pact", but it concerns stability rather than security. Against the background of disputes of the kind that led to the crisis in former Yugoslavia, they support fully the objective of this initiative, which is to seek to enhance stability in Central Europe, in particular through the resolution of disputes involving miniorities and borders.
Since the decision last July, Ireland has been actively involved, together with our EC partners, in drawing up proposals for this initiative. It was agreed at the Council of Ministers meeting in Luxembourg last Monday that the concept is not sufficiently well developed to enable the Presidency to carry out consultations with those countries directly concerned, notably those in Central and Eastern Europe which envisage future membership of the Community. Although the Community's proposals will not be finalised until these consultations have been finalised, the main features of the proposed Pact are already clear.
The emphasis is being placed on preventative diplomacy. The Pact itself will probably be of a political rather than legally-binding nature, although it may incorporate bilateral agreements of a legal character. It is intended to base its work on existing principles of the UN and CSCE rather than to elaborate new ones. No new institutions will be created, but it is envisaged that existing institutions such as the CSCE and the Council of Europe, may have a role to play. Negotiations under the auspices of the Pact will take place only with the full consent of the parties concerned. They will not apply to existing conflict situations, such as that which exists in former Yugoslavia. The pact itself will not be directly concerned with security issues except in so far as the provision of guarantees in respect of agreements concluded under its auspices could involve bodies such as the Western European Union.
I anticipate that the European Union will continue to play a major role in the promotion of this initiative. Ireland's role will therefore be primarily one of helping, as a member of the Union, to develop what will be seen as one of the first initiatives of the new common and foreign security policy. It is not envisaged that the pact will apply to any other potential conflict situations outside Central and Eastern Europe.
Godfrey Timmins
Question:18 Mr. Timmins asked the Tánaiste and Minister for Foreign Affairs if there are any outstanding cases before the European Court of Justice whereby Ireland is deemed to be in breach of European law; and if he will make a statement on the matter.
There are only two cases pending against the State before the European Court of Justice. In both cases the Commission has asked the Court to rule that Ireland is in breach of Community law because EC Directives have not been implemented domestically within the permitted time limit. The State is defending both cases.
In Case C-381/92(Commission v. Ireland) the Commission is asking the court to rule that, in not bringing into force within the time permitted the measures necessary to comply with Directive 88/407/EEC, (laying down the animal health requirements relating to imports of deep-frozen semen of domestic animals of the bovine species) Ireland is in breach of Community law.
Similarly in Case C-384-92 the Commission is asking the Court to rule that Ireland has not implemented within the time allowed Directive 88/66/EEC on the zootechnical standards applicable to breeding animals of the porcine species.
As the cases are still before the court it would be inappropriate of me to comment further.