COM (2004) 333 is a proposed regulation temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products. Customs tariffs are suspended by the Community following applications through the national authorities, where this is considered to be in the interest of the Community. The tariffs may be suspended to assist the industry importing the product to become more competitive. Members will recall that the sub-committee has on a number of occasions dealt with similar proposals from the Commission. I understand that, in this instance, applications for the inclusion of two of the products included in the proposal came via the Irish authorities. I also understand that one of these products is used in the production of cholesterol-controlling tablets and the other is certain camera equipment — CCTV equipment. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 339 is a proposed regulation setting up a Community regime for the control of exports of dual-use items and technology. The Department's note indicates that the proposal has no implications for Ireland. It is proposed that the proposal does not warrant further scrutiny but that it be forwarded to the Joint Committee on Foreign Affairs for information. Is that agreed? Agreed.
COM (2004) 385 is a proposed Council decision granting a Community guarantee to the European Investment Bank against losses under loans for certain types of projects in Russia and the western new independent states or WNIS. The Department has indicated that, given the existing volume of EIB activities, the proposal would have limited implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
I propose to deal with items Nos. 1.12, 1.13 and 1.14, together, as each is an anti-dumping measure concerning certain steel wire originating in India. In July 2003, the Commission initiated a review of countervailing duties in place on imports of stainless steel wires of various diameters and originating in India. This review was undertaken at the request of an Indian company, VSL Wires Limited. That company claimed it had not exported the product at the time of the Commission's investigation prior to the imposition of duties on exports of this product from India and that therefore the duties should not apply to their product. The review confirmed that the company had not exported during the relevant reference period, 1 April 1997 to 31 March 1998, but it did determine that the company benefited from official subsidies. In these three proposals the Commission is seeking to include the company in the countervailing and anti-dumping duties currently applied to exports of the stainless steel wires from India. It is proposed that proposals 1.12, 1.13 and 1.14 do not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 371 is a proposed Council decision on the conclusion of the protocol to the interim agreement on trade and trade-related matters between the EU and Croatia, to take account of the accession of the new member states. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 372 is a proposed Council decision on the signing of the protocol to the interim agreement on trade and trade-related matters between the EU and Croatia, to take account of the accession of the new member states. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed. As I stated earlier, No. 117 was adopted prior to scrutiny and the committee was notified within the past few days.
COM (2004) 403 is a proposed regulation extending the definitive anti-dumping measures imposed on imports of certain ring-binder mechanisms originating in China to imports of the same product consigned from Vietnam. The proposal was adopted on 28 June, following the presentation of the Department's note to the Oireachtas. The Department had advised of this possibility. It is proposed to note the measure. Is that agreed? Agreed.
COM (2004) 426 is a proposed Council decision on a Community position in the Association Council on the implementation of Article 84 of the Euro-Mediterranean Agreement establishing an association between the EU and Morocco. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 47 is a proposal that seeks to codify the Council Directive of 23 July 1962 and subsequent Acts on the establishment of common rules for certain types of carriage by goods by road. The Department's note classifies the proposal as of "no significance" to Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
SEC (2004) 675 is a preliminary draft amending budget No. 8 to the budget for 2004. The net effect of the three elements of this proposal is an additional contribution by Ireland of €4.32 million to the European Union. The Department's note indicates that, as the estimate of this figure had been €5 million, there is no need to alter the existing forecast of a contribution of €1.177 billion for 2004 from Ireland.
This proposal takes account of three elements of the EU budget that need to be adjusted. The first concerns a surplus in the loan guarantee fund of the European Investment Bank for 2003. The surplus results in a benefit in accounting terms to Ireland of €2.9 million. The second element of the proposal relates to contributions to the EU budget by the member states. Ireland's contribution increased in 2003 and reflects, according to the Department, the above-average performance of the Irish economy. Contributions are in part calculated with reference to national income. Taking into account the €2.9 million I mentioned, the increase in this area amounts to €7.75 million in contributions. The third element of the proposal concerns contributions by the member states to the so-called "UK correction" that takes into account the level of EU funding Britain receives. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 428 relates to proposed Council decisions on the conclusion and the signature and provisional application of a protocol to the Euro-Mediterranean Agreement between the EU and Egypt, to take account of the accession of the new member states. Like a number of proposals considered by the sub-committee, the Commission is seeking here approval for the signature and provisional application of a protocol to an international agreement to take account of the recent enlargement of the European Union. This proposal also makes provision for changes to the tariff regime with regard to certain crops, for example garlic and cut flowers. I understand the lead Department has confirmed that the Department of Agriculture and Food was involved in the discussion on the proposal and in its view the crops and quantities involved meant that the adoption of the proposal would not cause difficulties for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 442 is a proposal for a regulation which follows from Common Position 2004/510/CFSP. It relates to an EU arms embargo, which has been in place with respect to the Sudan since 1994. The proposed measure would extend permission to supply certain equipment to the African Union and follows the plans for the deployment of the African Union-led ceasefire commission regarding the current situation in the Darfur region of the Sudan. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 331 is a proposal for a Council decision on the position to be taken by the Community concerning the proposal to amend the TIR Convention 1975. TIR stands for “transport international de marchandises par route”. According to the Commission memorandum to this proposal, the movement of goods has been facilitated through the TIR Convention 1975 and the TIR carnet. The TIR carnet is a customs transit document used for an international transit operation of goods. Each TIR carnet has a unique reference number. An electronic system has been developed to manage the process.
The proposal outlines that customs authorities shall transmit by the fastest means of communication related information in a standard format. This is with a view to encouraging use of the new electronic system. The Department indicates that the adoption of the proposed measure would not impose any additional obligations on Ireland. It is proposed to note it. Is that agreed? Agreed.
COM (2004) 411 is a proposal for a Council decision on the fulfilment of the conditions laid down in Article 3 of the Additional Protocol to the Europe Agreement establishing an association between the EU and Bulgaria, with regard to an extension of the period foreseen in Article 9(4) of Protocol 2 of the Europe Agreement. The Department's note indicates that the adoption of the proposal would have no implications for Ireland. It is proposed to note it. Is that agreed? Agreed.
COM (2004) 419 is a proposal for a Council decision on a Community position within the EU-Mexico Joint Council concerning the amendments to the Joint Council Decision 2/2000. The lead Department has confirmed that the Departments concerned with aspects covered by the proposal had no negative observations on the proposal. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
To sum up, it was proposed that the items discussed, with the exception of COM (2004) 403, which has already been adopted, do not warrant further scrutiny and should be forwarded for information to sectoral committees as agreed.
The next set of proposals relates to the documents which it is proposed to refer to sectoral committees for further scrutiny. The first four proposals are related proposals, which form part of a package of proposals from the Commission that would impact on the rail sector. While each one is classified as of "some significance", together they would have a greater significance and would have implications for the operation and for users of the rail service in Ireland.
COM (2004) 139 is a proposed directive on the development of the Community's railways. A survey carried out by Eurobarometer is highlighted in the memorandum to this proposal. This showed that 70% of those interviewed agreed with the proposition that "if safety standards are met, competition is the best way to make the railways more efficient". The Commission proposal is based on a belief that increased competition would be good for the sector and proposes that the general principle be established that the market should be opened on the basis of free access to international services. Thereafter exemptions would be possible in instances of public service contracts for specific services, where supply and demand and the need to ensure an adequate service require it.
The Department has indicated that after 2010, if the proposal were adopted, any railway undertaking established in the EU would have the right to access the rail market on the island on a North-South basis. This right of access would be subject to the requirement that it did not negatively impact on the "economic equilibrium" of a public service contract.
COM (2004) 142 is a proposed directive on the certification of train crews operating locomotives and trains on the Community's rail network. The Commission suggests in its presentation of this proposal that there is a need to maintain and raise the safety levels in rail services and to enhance the interoperability of train crews so as to encourage international railway transport. The Commission proposes the establishment of a dual system of certification for rail drivers and certain other rail staff in the European Union. The first would be an EU-wide licence to reflect the attainment of minimum Community requirements, for example physical fitness, experience and minimum age, and would be issued by a competent national authority, but mutually recognised.
The second part of the system would be an element unique to the requirements of the service on which the driver is employed and would be issued by the railway undertaking. The certification scheme would be phased in over the period 2008 to 2015 and member states would have the option of excluding light rail, metro and heritage lines. The Department has indicated that Iarnród Éireann has its own system of certification of train drivers.
COM (2004) 143 is a proposed regulation on international rail passengers' rights and obligations. The Commission in its presentation of this proposal suggests that the proposal follows from its White Paper on transport policy, complaints received by the Commission and questions raised by Members of the European Parliament. It aims to promote international rail travel by improving passengers' rights.
The proposal seeks inter alia to establish rights for the passenger to obtain information such as the conditions for the lowest fares and availability of on board services; and for the passenger to buy a “throughticket” for the international journey. It would also establish liability on the part of the transport company in the event of death or injury to passengers and for damage to or loss of luggage. It sets minimum insurance cover and minimum compensation in case of delays, such as 100% compensation for a delay of an hour on international services of up to two hours. The Department has confirmed that the proposal would have implications for the North-South rail service. It is proposed that the three proposals be referred to the Joint Committee on Transport for further scrutiny. Is that agreed? Agreed.
