JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Thursday, 22 Apr 2004

Scrutiny of EU Proposals.

Chairman

We will turn to the first set of proposals for consideration, documents 1.1 to 1.3. COM (2004) 71 is a proposed directive regarding certain control procedures on the importation of live animals, meat and meat products. This proposal, which the Department classifies as purely technical, would repeal a number of existing measures in the area of animal health that would be replaced through the adoption of a proposal as outlined. It is proposed that this does not warrant further scrutiny but that it be forwarded to the Joint Committee on Agriculture and Food in the context of its consideration of this matter. Is that agreed? Agreed.

COM (2004) 85 is a proposed decision on the conclusion of the framework agreement between the European Union and the European Space Agency. This is essentially a technical measure. The framework agreement provides that both parties will co-operate in a number of fields such as science, earth observation and human space flight. The co-operation would also take the form of joint initiatives and regular consultations and exchange of information. It is therefore proposed that while the proposal does not warrant further scrutiny, it should be forwarded to the Joint Committee on Enterprise and Small Business for information purposes in the context of its consideration of space-related matters. It is also proposed that the background note on space be forwarded to that committee. Is that agreed? Agreed.

COM (2004) 126 is a proposed regulation on operations to aid uprooted people in Asian and Latin American developing countries. The proposal sets out that an evaluation report on the operation of the programme of assistance to uprooted people will be presented to the European Parliament and Council by the end of 2004. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 127 is a proposed directive on packaging and packaging waste. Directive 94/62/EC sets targets for packaging waste recovery and recycling for the current member states between 2001 and 2005. I understand that recently revised measures in these areas will become operational in the current member states between 2008 and 2011. Following consultations between the Commission and the ten accession states, the EC came to the conclusion that the states would benefit from later deadlines to implement the waste targets. The Commission's memorandum to the proposal notes that these states "have only recently started to build up their packaging, recycling and recovery systems". This proposal seeks to set target dates of between 2008 and 2010 for the new accession states for the implementation of the new waste measures. The Department's information note sets out that the adoption of the proposal would have "no implications for Ireland". It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 163 is a proposed regulation on support for pre-accession measures for agriculture and rural development in the applicant countries in the pre-accession period. I understand that eight of the accession countries benefited from Regulation (EC) 1268/1999 that sets out rules governing agricultural and rural development aid. The Department of Agriculture and Food has indicated that Malta and Cyprus were the beneficiaries of a separate measure for the Mediterranean region. This proposal seeks to extend the provisions of the 1999 regulation to Bulgaria and Romania and to amend some of the rates of assistance to current and future beneficiaries. The Department's information note underlines that the proposal holds no implications for Ireland. It is proposed to note the matter. Is that agreed? Agreed.

COM (2004) 174 is a proposed decision on the conclusion of the agreement between the European Union and the African, Caribbean and Pacific countries on the sugar protocol. The measure has no implications for Ireland. We are advised, therefore, that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 175 is a proposed decision on implementation of a programme to encourage the development, distribution and promotion of European audiovisual works. The MEDIA Plus programme came into force in January 2001 and aims at strengthening the competitiveness of the European audiovisual industry through a series of support measures funded from a budget of €400 million. The current proposal - we need to refer to COM (2004) 176, which is next - seeks to extend the media programme for a further year, up to the end of 2006, to take account of the enlargement of the European Union. This will allow further time for discussion on a new media programme that would commence at the start of 2007. The extension of the programme for a further year for a Union of 25 member states will result in an additional allocation of €85.6 million to the programme. The Department has indicated that it supports the extension of the programme, particularly as it supports lesser-used languages, festivals and television distribution, which match needs in the Irish audiovisual sector. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

Deputy Carey

I should have asked this question earlier. What practical supports does this measure give to the Irish audiovisual industry?

Chairman

The Department advertises and it can fund projects.

COM (2004) 176, similarly, is a proposed decision on the implementation of a training programme for professionals in the European audiovisual programme industry. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 198 is a proposed regulation imposing a definitive countervailing duty on imports of certain plastics originating, inter alia, in Thailand. This proposed measure seeks to reduce the levels of anti-subsidy duties to €23.90 per tonne that would apply on imports of certain plastics from a company in Thailand. The company, Indo Pet (Thailand) Limited, had requested that the Commission investigate its circumstances, as the EC had not specifically investigated the company before it had set the prevailing duty of €49.10 per tonne for imports from Thailand. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 199 is a related measure. It is a proposed regulation imposing a definitive anti-dumping duty on imports of certain plastics originating, inter alia, in Thailand. It is proposed that this measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 321 is a preliminary draft, amending budget No. 6 to the budget for 2004. Council Regulation (EC, Euratom) No. 1605/2002, dated 25 June 2002, provides that the Commission may entrust certain tasks to agencies, provided that these tasks do not involve a large measure of discretion implying political choices. Intelligent Energy - Europe, EIE, is the Community's support programme for non-technological actions in the field of energy, particularly as regards energy efficiency and renewable energy sources. The duration of the programme is from 2003 to 2006. In December 2003 certain aspects of the programme were allocated to an executive agency - the Intelligent Energy Executive Agency - such as technical and financial monitoring of the programme. This proposal seeks approval for the funding of the agency to the amount of €2.77 million. It is proposed that, while this does not warrant further scrutiny, it should be forwarded to the Joint Committee on Finance and Public Service for its information. The measure is likely to be adopted by the end of April. Is that agreed? Agreed.

Deputy Carey

Why link it to EURATOM?

Chairman

The EURATOM Council Regulation 1605 covers that form of energy, among other things, and I presume that is the relationship. We can give the Deputy a note on it. Is it agreed to forward the matter to the Committee on Finance and the Public Service? Agreed.

The following two proposals relate to common foreign and security policy measures. Under the confidential briefing procedures, the Chair was notified in advance of this matter. No. 112 is COM (2004) 264, a proposed regulation on restrictive measures concerning Liberia. This follows from UN Security Resolution 1532/2004 which concerns preventing relatives of former dictator Charles Taylor, who is now in exile in Nigeria, from using misappropriated funds to interfere with the restoration of peace and stability in Liberia. Adoption of the proposal would see the funds and economic resources of Mr. Taylor, his wife, Ms Jewel Howard Taylor, and son, Mr. Charles Taylor junior, being frozen in the states of the EU. Economic resources are defined in the proposal as assets of every kind, whether tangible or intangible, movable or immovable, which are not funds which can be used as funds to obtain funds, goods or services. The proposed measure provides for exemptions to necessary basic expenses to pay for foodstuffs, rent or mortgage payments. It is proposed that this does not warrant further scrutiny.

Senator Quinn

This is unusual. Has it been done before? I think of Papa Doc Duvalier and others who were involved in similar scandals.

Chairman

It is quite regular. There is a protocol between the committee and the Department. As these measures come under the confidentiality rules in the EU, the Department notifies the Chair and the Chair then has the option of taking certain steps or noting it until it arises. This is a procedure for which there is much precedent.

No. 113 is COM (2004) 226, a proposed regulation on restrictive practices against Burma. European restrictive measures were imposed on Burma-Myanmar in 1996 and those have been extended and amended several times since then. Those measures were imposed because of the political situation in that country and the Commission's memorandum to the current proposal states that the military in Burma-Myanmar is still engaged in serious violations of human rights. This proposal seeks to extend the restrictive measure of 2003, which is due to expire on 29 April next. The restrictions apply, inter alia, to technical assistance, financing and financial assistance in connection with military activities and a ban on the export of equipment which could be used in internal oppression. The departmental note states that this may be adopted at the Gerk meeting of 26-27 April 2004. It is proposed that this does not warrant further group scrutiny. Is that agreed?

Senator Quinn

Does the fact that we have now recognised Myanmar change the situation at all? We are recognising it while the regime is still engaged in serious violations of human rights. Is this normal?

Chairman

It is normal. We are not the only EU state which recognises this country and some which recognise the country do not apply the trade sanctions. Is it agreed that the proposal does not warrant further scrutiny? Agreed. It is proposed that Nos. 11 to 113, inclusive, do not warrant further scrutiny and should be forwarded for information to the sectoral committee as agreed.

The next proposal refers to documents which are proposed for forwarding to the sectoral committees for scrutiny, Nos. 21 to 23, inclusive. No. 21 is COM (2004) 621, the proposed directive from the Council on driving licences. The European Commission is seeking the recasting - that is, the replacement and repeal - of earlier European legislation on driving licences with this proposal. Members will have seen the Commission memorandum to the proposal which states that 60% of the overall population of the Union hold a valid driving licence. That is approximately 200 million people. It argues that the divergent national rules governing those licences need harmonisation if the Single Market is to function properly. It is also argued by the Commission that a number of administrative changes are needed to combat fraud and improve road safety. The administrative changes are, inter alia, the introduction of plastic photo licence cards and a facility for the inclusion of a microchip on the card similar to that introduced recently for passports.

Harmonisation of the frequency of medical checks for drivers of medium and heavy goods vehicles, minibuses, buses and coaches is to occur at the time of the renewal of the licences. There are also provisions for the establishment of minimum standards for driver examiners and the prohibition of issuing a new licence while that licence is withdrawn in the holder's member state. The Department states that some aspects of this proposal are already in place in Ireland and that it broadly supports the proposal. It has, however, indicated that divergent views within the working group mean progress on the adoption of the proposal may be made over the medium term. In particular, discussion is likely to focus on a cost-benefit analysis of the measures proposed, with attention being given to ensuring that while fraud measures are addressed at a European level, the proposed changes do not make access to a licence artificially difficult.

The proposed measures are, as the Department's information note suggests, of some significance and they are likely to impact on the provision and regulation of driving licences in member states. It is proposed to refer this to the Joint Committee on Transport for scrutiny.

Deputy Carey

I am in the minority but this proposal increases the need for some form of a national ID scheme.

Chairman

Some members of the committee may be aware that for a long time I campaigned against the use of a passport by Irish citizens within the European Union. This arises because of the common travel area between Ireland and the UK and the Schengen agreement which covers travel to other parts of the EU as well as Norway, Switzerland and others. Those countries which are part of Schengen, but not the EU, have greater ease of access within the EU than EU citizens and we are all citizens of the Union. I have a difficulty with the passport issue. We negotiated an opt-in for the Schengen agreement in the Amsterdam treaty but we cannot exercise that because one would need passport control between Dundalk and Newry, for example.

However, if this licence has a microchip it can be a lesser document on which to travel than a passport. In other EU countries people travel on an identity card. I would like the committee to ask the Department of Foreign Affairs to explore the possibility of this document with a microchip being used for travel within the EU, as it would meet all the requirements of a passport. As well as sending this to the Joint Committee on Transport, I propose taking up this idea with the Department of Foreign Affairs as it will take time for this proposal to come about.

Deputy Sexton

Much work is being done on passports to ensure that anti-fraud measures are taken. Chips can now be violated but the newest technology does not require a chip and that technology should be used in this area if everything is to be included on one identity card. This looks like a terrific step forward.

Deputy Carey

I agree. This can be referred only to the committee that deals with transportation issues. To reiterate what I said earlier, we should try to initiate a debate which would move opinion in the direction of agreeing on some form of standardised identity document. If one travels to Italy, one's passport must be valid for six months after one returns. The Czech Republic has a different requirement. Perhaps this country has such requirements. The proposal would iron out these issues. We are all aware of the Ryanair experience where passengers are regularly turned away because they do not have valid documentation.

Senator Quinn

It takes 12 months to get a driving licence here because one cannot take the test. Perhaps we will be embarrassed into speeding up matters.

Chairman

We will send it to the Department of Transport and we will ask the Department of Foreign Affairs to examine the proposal. Is that agreed? Agreed.

COM (2004) 95 relates to the proposed regulation on statistics relating to vocational training in enterprises. This proposal seeks to make it a requirement for member states to produce statistics relating to vocational training in enterprises. I understand that previously the statistics were collected in the member states on the basis of a so-called "gentleman's agreement". The Commission's memorandum to the proposal argues that the availability of such statistics should facilitate better reaction to the needs of the labour market and, therefore, help achieve the Lisbon strategy. The Commission also indicates that the survey results can be used for benchmarking at several levels, EU-wide, country-wide and enterprise comparison-wide, on training provision and access to and participation in training and on the intensity and costs of training.

The data would be collected on the manufacturing, industrial and services sectors from enterprises employing ten or more people. Members will have seen that in the annex to the proposal the sample sizes outlined for the member states are proportionately larger for the smaller member states, for example, 4,000 for the United Kingdom and 2,100 for Ireland. The CSO indicated that it is hopeful that, through consultation with user groups, the proposed survey may also be used for carrying out additional surveys of particular interest to certain user groups. It is proposed that this be referred to the Committee on Enterprise and Small Business for further scrutiny. Is that agreed? Agreed.

COM (2004) 172 relates to a proposed regulation on shipments of waste. This is an amended text of proposed document, COM (2003) 379, which was considered by the sub-committee at its meeting on 9 September. The proposal's main goal is to harmonise the rules governing the shipment of waste. Different levels of control apply to waste. The level of control tends to match the risk posed by the waste being carried within the member states and across frontiers. The adoption of the proposed measure would mean that all shipments of waste destined for disposal would have to be notified to and receive written approval from the competent authorities of the areas across which the waste would be transported. Currently waste considered low risk may be transported on the basis of the tacit approval of the competent authorities.

The Department has indicated that while the tighter regulation would be welcome from an environmental protection perspective, the changes would have resource and cost implications for local authorities in Ireland. It is proposed that the proposal be referred to the Committee on the Environment and Local Government for further scrutiny. Is that agreed? Agreed.

Deputy Carey

What evidence is there that local authorities are involved in shipping waste abroad, other than hazardous waste?

Chairman

They would not be involved. They would be the authority one would have to notify. That would involve them in costs because they would have to keep records and become involved in consultations and so on.

Deputy Sexton

On driving licences, the directive comes into force 21 days after publication in the Official Journal of the European Union and the provisions will be implemented two years from then. At what point is the decision taken to include it in the journal?

Chairman

Only after it has gone through the legislative process, including the committee system, the Parliament and the Council. This is a medium-term rather than a short-term proposal.

We now move to seven proposals adopted prior to scrutiny. COM (2004) 124 relates to a proposed amendment to a Commission proposal laying down procedures for medical products, establishing a European medicines agency and on the Community code relating to veterinary medicinal products. This measure, which was adopted on 11 March 2003, takes account of a number of amendments tabled by the European Parliament to an earlier proposal considered by the sub-committee on the authorisation and supervision of medicines. That proposal was referred to the Committee on Health and Children and the Committee on Agriculture and Food. The amendment adopted related to minor changes of language, which the Commission indicated it could accept. It is proposed to note the measure and to forward it the Committee on Health and Children and the Committee on Agriculture and Food for information, along with the background note from the Department of Health and Children. Is that agreed? Agreed.

Deputy Carey

I feel the method of scrutinising these proposals might have some impact on the final document and they should take account of the views of parliaments such as ours.

Chairman

I presume the Department of Health and Children and the Department of Agriculture and Food took into account the scrutiny process. They would have seen it before the proposal entered the final stages.

The following proposals are the subject of a note from the Department of Finance outlining the circumstances of their adoption. The note outlines that the measures were adopted within a relatively short period, which did not permit, within the structures existing then, the proposals to be presented to the sub-committee prior to adoption. The departmental note, however, sets out that new arrangements will ensure that all budgetary proposals are notified very shortly after the Department becomes aware of them.

COM (2004) 168 relates to the proposed decision on the mobilisation of the EU solidarity fund. This fund was created in 2002 to give financial support to member states facing difficulties during or following major disasters. In response to calls for assistance from Malta on 10 November 2003, concerning a disaster caused by a storm and flooding, from Spain on 1 October 2003, concerning damage caused by fire, and from France on 26 January 2004, concerning a disaster caused by flooding, this proposal sought approval for financial assistance to be drawn down for these member states.

The total amount concerned, €21.9 million, is relatively small, given the damage caused. It is seen as more a sign of political solidarity than of major financial assistance. The measure was adopted on 26 March and the Department has been asked for a note on the background to the adoption of the proposal. A further document, COM (2004) 269 refers to the same €21.9 million. It is proposed in view of the fact that the Department of Finance has proposed to repent for its sins and amend its ways, to note the decisions. Is that agreed? Agreed.

Commission document SEC 104/2004 relates to the preliminary draft amending budget No. 2 to the 2004 budget. Regulation (EC) No. 45/2001 provides for the appointment of a supervisor for data protection issues relating to the European institutions. In December 2003, the European Data Protection Supervisor, Mr. Peer Johan Hustinx, and the Assistant Supervisor, Mr. Joaquin Bayo Delgado, were appointed. I understand the data protection supervisor monitors the implementation of European data protection regulations in regard to the European institutions Regulation No. 45/2001. This amendment to the 2004 budget provides funding of €1.2 million for the operation of the European data protection office. It is proposed to note the measure. Is that agreed? Agreed.

Commission document SEC 105/2004 relates to preliminary draft amending budget No. 21 to the budget for 2004. This measure formally ratifies the Community budget for 2004 for the enlarged European Union of 25 member states. Members will recall that officials from the Department of Finance came before the Joint Committee on European Affairs on the proposed 2004 budget, following an earlier consideration of the budget by the sub-committee. It is proposed to note the measure. Is that agreed? Agreed.

SEC 2004/269, which relates to a preliminary draft amending budget No. 5, was referred to earlier. The EU solidarity fund was created in 2002 to give financial support to member states facing particular difficulties or major disasters. Malta, Spain and France made applications. The funds for these member states were issued to the following amounts from the 2004 budget: Malta, €0.96 million for flood damage; Spain, €1.3 million for damage caused by forest fires; and France, €19.625 million, for damage caused by flooding. The total amount of €21.9 million is relatively small. Given the damage caused, estimated at a total of €868 million in the memorandum to the proposal, this can be seen more as an act of political solidarity than major financial assistance. It refers to No. 168. It is proposed to note the measure. Is that agreed? Agreed.

No. 4.3.6 relates to a preliminary draft amendment budget No. 3. This proposed measure, which may be adopted by 22 April 2004, amends the 2004 budget to take account of the cost of the publication of the acquis in the languages of the new member states. It will cost €10.5 million. It is proposed that it does not warrant further scrutiny. Is that agreed? Agreed.

Deputy Carey

Is the acquis published in Irish?

Chairman

Not that we are aware of but we shall check that. It is an interesting question, given that it is being published in all languages.

No. 4.3.7, SEC 2004/277, relates to a preliminary draft amending document No. 4. This measure will have no immediate implication for the budget in 2004. It is proposed to note the measure. Is that agreed? Agreed.

There are two Title lV measures which we need to address. The first is Item 4.1, which is a proposed decision establishing the European Refugee Fund, ERF, for the period 2005 to 2010. The ERF was established through Council Decision 2000/596/EC as a Title lV measure. The establishment of the ERF was an implicit recognition that the costs of reception, integration and voluntary repatriation needed to be shared among the member states. Ireland exercised its right to opt into this measure. The fund was initially established for a five year period with the aim of supporting and encouraging the efforts of member states in receiving asylum seekers, refugees and displaced persons. The budget for the 2000-04 period is €216 million, 95% of which is allocated to actions undertaken in member states and the remaining 5% to actions at a level of the Community. The Department has indicated that Ireland has received approximately €4 million from the ERF for projects relating to the aims of the fund. The ERF supports actions in the areas of reception, integration and repatriation, for example, information and advice about voluntary return programmes. It does not pay for the transportation. A mid-term review prepared for the Directorate General for Justice and Home Affairs on the current programme is generally positive regarding the operation of the fund. A number of its recommendations are included in the proposed measure to extend the programme, such as the introduction of multi-annual programming, a greater role for the Commission and a more than threefold increase in funding of the annual budget over the next five years to a level of €150 million. Under the fund each member state receives a fixed amount, currently €100,000. The proposal seeks to increase this to €300,000 for current member states and to set it at €500,000 until the end of 2007 for the accession states. It is outlined that the greater amounts for accession countries are partly to take account of their location at the external land frontiers of the European Union. Supplementary allocations would reflect the numbers of refugees and asylum seekers with which member states deal. The proposal would also see the Commission's percentage allocation double to 10% of the fund and give it a greater role in the approval of national plans relating to the fund. The Commission's memorandum to the proposal gives little indication as to the reasoning behind the proposed doubling of the allocation to Commission projects beyond noting the need for increased concentration on best practice, more transnational projects and dialogue and information on project results. This percentage may change as the measure is negotiated. This is a Title lV proposal. It does not, therefore, automatically apply to Ireland and the approval of the Oireachtas is required before Ireland can opt into it. It is proposed to note the Title lV proposal and to forward it to the Joint Committee on Justice, Equality, Defence and Women's Rights for information in advance of any decision to seek the approval of the Oireachtas to opt into the measure. Is that agreed? Agreed.

The next item is No. 4.4.2, COM (2004) 173, a proposed regulation creating a European order for payment procedure. This proposal, which the Department classifies as of some significance, follows from the Commission Green Paper on the European order for payment procedure and on measures to simplify and speed up small claims litigation. The Green Paper came before the sub-committee on 12 March 2003 and was forwarded for information to the Joint Committee on Enterprise and Small Business and Joint and Select Committees on Justice, Equality, Defence and Women's Rights. The proposed measure, which is a Title lV proposal, would establish a uniform procedure for applying for a European order for payment for moneys outstanding. It would abolish the need for an execuatur, that is, a judgment to enforce locally an external judicial order for uncontested claims. It is outlined in the Department’s information note that the adoption of the measure will facilitate Irish litigants in collecting claims that are uncontested in other member states. Members will have seen that the Commission, in its memorandum to the proposal, strongly argues that the proposed measure should apply not only to uncontested claims of a cross-border nature but also to claims arising within the member states. This is likely to be the subject of some debate as discussions on the proposal advance, as 11 of the current member states already have in place a similar national system for uncontested claims. The Commission’s argument that the legislative powers of the Commission in this regard, Article 65, should not be subject to an overtly narrow interpretation would also appear likely to prompt some discussion. I believe the discussion would centre around whether the Commission is intruding into member states’ rights. It is proposed that the Title lV proposal be noted and forwarded to the Select Committee on Justice, Equality, Defence and Women’s Rights for its information in advance of any decision to seek the approval of the Oireachtas to opt into the proposed measure, because that also would be necessary.

Senator Quinn

Did you say, Chairman, that it is proposed to forward the measure to the Joint Committee on Enterprise and Small Business?

Chairman

No. I said the measure arises from a Green Paper which this sub-committee had already sent to the Joint Committees on Justice, Equality, Defence and Women's Rights and Enterprise and Small Business. It is proposed to send this measure for consideration to the Select Committee on Justice, Equality, Defence and Women's Rights because a legislative proposal arising from the measure would come before that committee first. We could also send it to the Joint Committee on Enterprise and Small Business for information.

Senator Quinn

It is an area with which that committee should concern itself.

Deputy Carey

I support Senator Quinn's suggestion. Would the measure have implications for goods and services purchased across borders by mail order or via the Internet and which could give rise to litigation?

Senator Quinn

It could have such implications.

Chairman

It could. Anything bought on credit would be affected. If a purchaser could stop a credit card payment, the payment would not take place. However, there is an issue. Legislation would be required and such legislation would go before the Select Committee on Justice, Equality, Defence and Women's Rights. We will send it to that committee and to the Joint Committee on Enterprise and Small Business for its information.

That concludes the business of the meeting. The next meeting of the sub-committee will be at 9.30 a.m. on Thursday, 6 May 2004.

The sub-committee adjourned at 5 p.m. until 9.30 a.m. on Thursday, 6 May 2004.