I understand that at joint committee level, a consultant is preparing a report on the issue of comitology, which was mentioned. There is a danger of issues slipping through the floorboards, so to speak, without being scrutinised. This is a valid point. It is to be hoped the consultant will bring to the joint committee an approach which will ensure that this can be avoided for the future. I gather the report has not been received from the consultant, but it is being examined and it will be on the agenda of the next meeting of the joint committee. Is it agreed that we will proceed on the basis proposed? Agreed.
The next item is No. 2.4, Council Document 8958 of 2004, which I have marked to draw to the attention of members. It is a draft framework decision on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences, including terrorism.
The European Council in its declaration on terrorism of 25 March last instructed the Council to examine measures in a number of areas, including proposals for establishing rules on the retention of communications traffic data by service providers. It also determined that priority should be given, inter alia, to proposals relating to the retention of communications traffic data with a view to adoption by June 2005.
This proposal is co-sponsored by a number of member states, including ourselves, France, Sweden and the UK, and concerns communications traffic and the harmonisation of the rules governing the retention of related data. It is proposed that the data should be stored for between 12 to 36 months following its generation. However, members will have noted that the proposed measure includes an option for longer periods. Member states can request access to information stored on the basis of established judicial co-operation procedures. The earliest implementation date for the proposed measure is June 2007, which is some time away and obviously there is a good deal of work to be done in the meantime.
The Department's note indicates that temporary measures are in place on the retention of the data in Ireland and that this proposal will largely determine the content of the primary legislation. The eventual shape of the measures proposed could have cost implications for the service providers, although advances in technology and the fact that much of the data would be retained for billing purposes would mean that the additionality of the measures would be limited.
It is considered this is a proposal that needs to be fully considered and that the appropriate committee is the Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.
No.s 2.5, COM (2004) 57, is the proposed regulation on the creation of a European foundation for the improvement of living and working conditions. This proposal was deferred from the previous meeting. Clarification had been provided on almost all the points where it had been sought. The last remaining issue is potentially the most significant and concerns staff regulations at the foundation. The current understanding from the Department is that aspects of the proposal through which two staff regulations would be operated at the foundation remain on the table and will be discussed again in September. Under these proposals the foundation would continue to operate under its existing staff regulations, but new staff would operate under the EU institution's regulations. This would raise difficulties for a small organisation such as the foundation.
This proposal is mostly technical. It is proposed to refer the proposal to the Committee on Enterprise and Small Business with particular reference to the issue of staff regulations at the foundation. Do members have any queries on that? Is that agreed? Agreed.
We now move to four proposals which were adopted prior to scrutiny. No. 3.1, COM (2004) 807, is a council decision concerning the conclusion of the WHO Framework Convention on Tobacco Control. The WHO convention encompasses advertising and sponsorship, labelling, illicit trade and second-hand smoke or passive smoking. This measure seeking consent for the European Community to ratify the convention was adopted by the Council on 1 June. It is proposed to note the measure. Is that agreed? Agreed.
No. 3.2, COM (2004) 211, is a decision of the European Parliament and of the Council establishing a Community action plan to promote bodies active at European level in the field of culture. It is proposed to note the measure. Is that agreed? Agreed.
No. 3.3, COM (2004) 422, is a Council regulation authorising transfers between the quantitative limits of textiles and clothing products originating in the socialist republic of Vietnam. It is proposed to note the measure. Is that agreed?
