JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Thursday, 24 Jul 2003

Vol. 1 No. 37

Scrutiny of EU Proposals.

Chairman

Item 1 is scrutiny of legislative proposals, Commission document 127 of 2003 regarding the protection of workers from the risks related to exposure to carcinogens and mutagens at work. This proposal seeks to codify in a single text the provisions of the existing directive 90/394/EEC of 28 June 1990, as amended by directives 97/42/EC of 27 June 1997 and directive 99/38/EC of 28 April 1999. The measure currently in operation makes obligations to reduce and prevent health risks and to make available relevant information to competent health authorities in the member states. The Commission's accompanying memorandum indicates the codification of the memorandum is being proposed at this point to facilitate new member states in transposing the provisions of the directive into their national legislation. It is proposed that this measure does not warrant further scrutiny. Is that agreed? Agreed.

Commission Document (2003) 337 regarding the remuneration of EU officials serving in third countries. This is a technical proposal that sets the purchasing power weightings for the calculation of salaries for Community officials serving outside Brussels and is similar to one examined by the committee already. The weightings are calculated with reference to the exchange rates and cost of living in the countries in which the officials are serving. The operation of the weightings can result in adjustments upwards or downwards in the salaries paid in the relevant period. Recovery of the money involved may be spread over 12 months. The Department indicated that the proposal may be adopted by 24 April. It is proposed that this measure does not warrant further scrutiny. Is that agreed?

Deputy J. O’Keeffe

I trust that they are looking after themselves reasonably well?

Chairman

The Deputy can be sure they are looking after themselves reasonably well. Is that agreed? Agreed. This sets a precedent for Dublin weighting in future.

Notification that the following two proposals were adopted was received following the circulation of briefing materials for members. These were received just before the last meeting but too late to be included in the agenda for that meeting. On the rules for importation of footwear products originating in Vietnam, we have COM (2003) 339; this seeks to incorporate into Community law an agreement between the EU and Vietnam on the prolongation of surveillance of imports of footwear from Vietnam which was approved by the Council earlier this year. The agreement results in the continuing operation of a double surveillance scheme that seeks to verify the origin of Vietnamese footwear. I understand there are currently restrictions on the importation of footwear from China. Is it agreed to note this? Agreed.

Commission Document (2003) 342 relates to anti-dumping duties on imports of certain iron and steel ropes and cables from the Czech Republic, Russia, Thailand and Turkey. This proposal seeks to amend an existing anti-dumping measure to take account of new information about a Turkish exporting company which, the proposal indicates, was in breach of undertakings it had given the Commission. These undertaking meant the company was exempt from certain anti-dumping duties. I understand the undertaking given by the company was that it would issue commercial invoices only for the products covered by the regulation. The proposal means that the products of the company are subject to anti-dumping duties. Is it agreed to note this? Agreed.

Commission Document (2003) 364 regards statistics relating to the trading of goods between member states. It appears the proposed regulation uses clearer and simpler language to define the products covered by the existing measure. The proposed amendments in the legislation follow on from a survey of users of the statistics who had suggested some changes. One technical amendment will result in a reduction in the time period for the transmission of information to the Commission from 56 to 40 calendar days. The CSO indicated this creates a demanding challenge for it but, with the co-operation of all involved and some streamlined methods of operation, Ireland should be able to comply fully with what is proposed if adopted. It is proposed that this measure does not warrant further scrutiny. Is that agreed? Agreed.

Commission Document (2003) 351 relates to special temporary measures for recruitment of officials of the European Communities on the occasion of accession of new member states. The proposal arises in the context of the preparations within the Commission for the accession of new member states on 1 May next and provides for a temporary derogation from the staff regulations for EU officials to allow for the recruitment of officials from these accession states. In this period recruitment competitions for officials will take place that will be confined to candidates from these accession countries. The proposal also makes provision for departing officials from existing member states with personnel recruited from competitions confined to those member states. It is proposed to note this. Is that agreed? Agreed.

Commission Document (2003) 355 proposes establishing a programme of financial and technical assistance to third countries in the areas of migration and asylum. This proposal aims to aid third countries in managing migratory flows and the programme builds on existing partnerships with third countries and regions and focuses inter alia on illegal migration, readmission and reintegration, as well as the dissemination of information about the possibility of working legally in the EU as well as information campaigns on the consequences of illegal immigration and clandestine employment within the EU. It is proposed that this measure does not warrant further scrutiny. Is that agreed? Agreed.

Commission Document (2003) 389 relates to support for the UN's interim mission in Kosovo, UNMIK, and the office of the high representative in Bosnia and Herzegovina. To date the Council has appointed an EU special representative to act as special co-ordinator for the stability pact in south-east Europe. It is proposed that the work of the pact has a more confirmed medium term perspective than that which would be the norm for many special representatives. The proposal therefore is that a legal framework be provided through this measure for the EU's related financial assistance to be provided under the First Pillar rather than under CFSP. The change is budget-neutral and the special co-ordinator will henceforth no longer be a special representative. It is proposed to note this. Is that agreed? Agreed.

It is proposed that items 1.1 to 1.8, inclusive, do not warrant further scrutiny.

The next set of proposals refers to sector committees. The first measure is Commission Document (2003) 319 regarding the management of waste from extracted industries. This is a proposal to change the legislative framework for the management of waste from extracted industries. At the national level many of the proposals have been anticipated and are already in operation in some form. For example, the Department has outlined that Ireland has a bonding system in place with the operators with mining licences in Ireland that would provide funds for clean-up operations at the end of the mining activities.

The proposal provides for an enhancement of the inspection system that most likely will require additional resources at the national ^ EPA - and local levels. The provisions of the proposal are also very likely to require amendments to existing regional waste management plans to take account of extractive operations. There are some 500 quarrying operations in place in Ireland, the Oireachtas Scrutiny Information Notice indicates.

All operators in the extractive industries will be required to have comprehensive waste management plans in place. Article 6 of the proposal states that member states shall ensure that the public concerned are given early and effective opportunities to participate in the preparation or review of the external emergency plan in relation to safety measures in place around the operations.

It is proposed to refer the proposal to the Oireachtas Joint Committee on Communications, Marine and Natural Resources for further scrutiny and to the Oireachtas Joint Committee on the Environment and Local Government for information. Is that agreed?

Senator Dardis

There is one aspect we might draw to the attention of the committees we are proposing to refer it. It states in the information note that it is not clear whether peat is included. Many such operations are already covered by integrated pollution control licences. Given the importance of the peat industry, which has been a very important employer, although not so much now, and the fact that it has also been a source of difficulty in water courses, and remedial works have had to take place, perhaps there should be clarification as to whether peat is the subject of this directive.

Chairman

We will draw the attention of the committees to that aspect and ask for that information.

Commission Document (2003) 335 relates to a common system of VAT, as regards conferment of implementing powers and the procedure for adopting derogations.

This proposal has two aims. One proposal would put in place formal procedures for the adoption of derogations from VAT rules which to-date have been adopted on the basis of an informal circulation of the proposal to member states prior to a Council meeting. The amendment would result in a proposal being put to the Council directly for consideration.

The second aim of the proposal is to amend how the VAT committee operates and has the potential to have wider implications. The Department has also questioned the legal implications of the proposal and will be seeking the advice of the Attorney General on the matter.

The Commission, having failed in its attempts to ensure that decisions made by the committee would be made by QMV, is seeking through this amendment to have the committee make proposals to the Council via the Commission on relevant VAT matters. The Council would still take any decision on these proposals by unanimity. However, the change would mean that this would fundamentally change the existing procedures on tax matters, whereby the Council delegates to the Commission legislative powers to deal with technical tax issues.

At present the Council sends it to the Commission. This proposal would allow the technical committee to send it to the Commission which, in turn, would send it to the Council. This would reverse the procedure. Given that the proposal touches on important tax matters, it is proposed to forward the proposal to the Oireachtas Joint Committee on Finance and the Public Service for further scrutiny. Is that agreed? Agreed.

Deputy J. O’Keeffe

There are a few red lights attached to this proposal.

Chairman

Commission Document (2003) 350 relates to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles.

This proposal would extend existing safety measures relating to specifications for speed-limitation devices to include those in operation in smaller delivery vans and small minibuses - vehicles with more than eight seats in addition to the driver. The current measures in operation cover coaches and heavy goods vehicles.

An existing Directive 2002/85 means that from 1 January 2005 all the above vehicles being registered must have speed-limitation devices installed in them. This is a technical measure that amends an existing directive outlining the specifications relating to speed-limitation devices to take account of the new categories of vehicles covered by Directive 2002/85.

While this proposal is technical in nature the implications, in particular, for sports and other voluntary groups may need further exploration. In addition to the eight seat vehicles, it would apply to large cars of 3.5 tonnes such as a range rover.

Senator Dardis

Rolls Royces?

Deputy J. O’Keeffe

What about 3.5 litre cars?

Chairman

It relates to tonnes.

It is proposed to refer this proposal to the Oireachtas Joint Committee on Transport for further scrutiny and to the Oireachtas Joint Committee on Arts, Sports, Tourism, Community, Rural and Gaeltacht Affairs and the Oireachtas Joint Committee on Enterprise and Small Business for information.

Deputy Mulcahy

Is this for the purpose of having a common speed-limit across Europe?

Chairman

I do not believe it is. I understand that most vehicles from 2000-01, including cars, have the potential for a speed governor to be installed. This is a technical measure requiring it to be installed for certain vehicles. It could be extended to ordinary cars at a later stage by the same procedure but the limits on thespeed would be a matter for national authorities.

Deputy Mulcahy

If they are going to require people to install speed regulators into any kind of vehicle they are saying that they want to control part of our behaviour.

Chairman

They are saying that vehicles of this measure must have these devices. All vehicles from 2000-01 onwards, including cars purchased by ordinary people, have the capacity to have such a system installed. It may be that they will gradually introduce this system so that all cars must actually have it installed. It would then be up to national authorities to say the speed limit is 80 so why did one not use the governor? That could happen in time. Would that be a bad thing?

Deputy J. O’Keeffe

Can I add a rider to the proposal. From the point of view of provisional licence holders, it will be a major advance to have some type of speed governor installed in vehicles. I am not sure whether it is part of our national policy but we could try to encourage a further development of this proposal along those lines. When I see the way young fellows drive on the roads around the country I am tempted to find some way to restrict the speeding. There is a strong case to have some type of governor in operation for provisional licence holders.

Chairman

Is it agreed to refer the proposal to the committees? Agreed.

Commission Document (2003) 400 relates to preliminary draft general budget of the European Communities for the financial year 2004.

The conclusion of the 2004 budget will not take place until November-December 2004. As members will have seen in the documentation circulated, the Council met on 16 July to consider the proposed budget from the Commission. However, the Department has indicated that due to the lack of a quorum the proposal was not voted upon. This Council document was subsequently considered by written procedure and the documentation provided by the Department has been circulated this morning, I understand. I believe this would be a useful document for the Oireachtas Joint Committee of European Affairs to examine and monitor. I propose we refer it to that committee. Is that agreed? Agreed.

I propose to take Nos. 2.5 to 2.7, that is COM (2003) 361, COM (2003) 362 and COM (2003) 363, together as they are closely related proposals. These directives relating to safety belts, anchorages and head restraints, are being amended simultaneously. Under COM (2003) 361, relating to motor vehicles with regard to seats, their anchorages and head restraints, a ban would be imposed, except for city buses, on the installation of side-facing seats in motor vehicles from 1 July 2004. COM (2003) 362, on the approximation of the laws of member states relating to anchorages for motor vehicle safety belts, would prohibit the registration, sale or entry into service of new vehicles not conforming with relevant EU safety regulations, from 1 January 2004. COM (2003) 363, on the approximation of the laws of the member states relating to safety belts and restraint systems of motor vehicles, will make allowances for exceptions to the standards relating to seat belts where they are designed for disabled persons - where they offer the same level of security as other belts. It is proposed to forward these proposals to the Oireachtas Joint Committee on Transport for further scrutiny. These might also be scrutinised along with COM (2003) 350, which was dealt with earlier in this meeting. Is that agreed? Agreed.

The next proposal before us is a Title IV measure regarding the creation of a European enforcement order for uncontested claims ^ COM (2003) 341. Members will be aware that the Oireachtas voted on 26 June 2002 for Ireland to participate in the process of adopting a regulation on the creation of a European enforcement order for uncontested claims. The proposed regulation outlines safeguards relating to the notification of any court action. The measure envisages the mutual recognition and enforcement of judgments in uncontested claims. The amendment to the original proposal primarily relates to changes in the procedure, on enforcement of the Nice Treaty. The European Parliament now adopts civil law measures through the co-decision procedure. It is proposed to note the Title IV proposal and forward it to the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights for its information. Is that agreed? Agreed.

The following proposals are CFSP measures, to be noted by the sub-committee: CFSP (2003) 468, regarding a common position on the control of arms brokering, introduces licensing arrangements, with a view to ensuring greater levels of monitoring and control, to avoid the circumvention of established embargoes on arms exports. It will require the issuing of licences based on conformity with the European Union code of conduct on arms exports. This measure will require the enactment of primary legislation by Ireland and other member states. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2003) 473 is a joint action regarding a contribution of the European Union to the conflict settlement process in Georgia South Ossetia. This CFSP measure will result in the provision of a €160,000 contribution to the OSCE for its work in the Southern Caucasus, in particular to assist in the holding of meetings relating to the conflict settlement process there. Since independence in the early 1990s, there has been conflict in the region. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2003) 496, relates to joint action concerning the appointment of an EU special representative for the Southern Caucasus. This joint action appoints Mr. Heikki Talvitie to act as EU special representative for the Southern Caucasus for the six-month period from 1 July to 31 December 2003. This is seen as a signal of a willingness by the EU to play a greater role in the region. It will also assist Ireland to develop policy on the region in an EU context. Is that agreed? Agreed.

Before we move on to the next item on the agenda I would like to deal with six proposals which have been received by the secretariat, subsequent to the issue of briefings to members. Some of these proposals can be dealt with now and information notes have been circulated to members. Others can be postponed until the sub-commttee meets again in September. It is proposed that the following four proposals can be deferred for consideration, to our next meeting: COM (2003) 356, COM (2003) 352, COM (2003) 401 and COM (2003) 413. Is that agreed?

Deputy J. O’Keeffe

To what date?

Chairman

The next meeting in September.

Deputy J. O’Keeffe

When is that?

Chairman

Possibly 11 September. It is proposed that one of the measures, COM (2003) 372, requires no further scrutiny. This is a technical measure that would continue to allow milk for human consumption to be described as "whole milk" in Finland and Sweden where the fat content is below 3.5%, the standard fat content for milk in the European Union. Is that agreed? Agreed.

The last of these proposals, COM (2003) 380, is of some significance. It proposes to change the rules governing the counting of votes on anti-dumping proposals, whereby an abstention would no longer count against the proposal. It is therefore proposed to forward this to the Oireachtas Joint Committee on Enterprise and Small Business for further scrutiny, as it may be considered again in Brussels in early September. Is that agreed? Agreed.