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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Thursday, 4 Nov 2004

Scrutiny of EU Proposals.

No documents have been received for today's meeting where it is proposed that they should be referred to sectoral committees for further scrutiny. We are dealing with three title IV measures at this meeting, item Nos. 2.1, 2.2 and 2.3. Item No. 2.3 was formerly listed as item 5.8 but will be taken as item 2.3 as it is a title IV measure.

Commission document COM (2004) 530 is a proposal for a Council decision authorising member states to ratify, in the interests of the European Community, the Seafarers' Identity Documents Convention of the International Labour Organisation. The stated aim of the convention is to make seafarers' identity documents more secure. It also aims to maintain a balance between strengthening the security aspects of maritime transport and simplifying the conditions under which seafarers take shore leave in a third country. This aim would be achieved through the issuing, by the states where the convention is in force, of a secure identity document to any person who is employed or engaged or works in any capacity on board a vessel. The convention gives guidelines on how the document might be made tamper-proof and on the details that it should contain, such as photographs, nationality and signature. The Commission and departmental documentation confirm that the document will not replace a passport, but would be used to facilitate shore leave or transit through a state in cases where a visa would normally be required. The proposal is addressed to the states in the Schengen area and therefore not of direct concern to Ireland. The adoption of the proposal would see the member states concerned being required to ratify the convention.

The Department has indicated that Ireland will ratify this convention and has confirmed that there will be a cost for the new card, but it is yet to be determined if this cost will be borne by the seafarer or by the employing company. It is proposed that in accordance with established procedure, this title IV proposal be noted. However, given the relative significance of the issues raised in the proposal, it is also proposed that the documents be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights and Law Reform and the Joint Committee on Communications, Marine and Natural Resources for information. Is that Agreed? Agreed.

As we are not a Schengen country, do we know whether Irish seafarers will be at any disadvantage in not being eligible to hold this new card?

They would only be at a disadvantage where they need a visa. They do not need a visa in European countries.

Commission document 2.2 COM (2004) 593 is a proposal concerning the signature and conclusion of an agreement with the Swiss Confederation concerning its association with the implementation, application and development of the Schengen acquis. The proposal also concerns the signature and conclusion of an agreement extending the provisions of the Dublin ll regulation and the Eurodac regulation to Switzerland. In 2002 a package of agreements with the Swiss Confederation came into force. These, inter alia, cover technical trade barriers, transport and trade in agricultural products. Members will have seen that the Commission’s memorandum to the proposal outlines that the Swiss Confederation at that time indicated its intention to participate in the EU system for co-ordinating asylum policies.

The agreement, which is the subject of this proposal, provides that Switzerland will accept the current and future Schengen acquis, with one exception. To allow for the possibility of referenda on related legislation, the Swiss Confederation has a window of two years to accept future measures. In addition, under the terms of the Agreement, it will make a contribution to the administrative costs of developing the acquis. The agreement also provides that the so-called Dublin and Eurodac regulations be implemented by the Swiss Confederation. The Department’s note indicates that Ireland will participate in the agreement in the areas in which it has to date been involved. Ireland will not participate in those areas of the Agreement relating to border controls and free movement of persons.

It is proposed that the proposal be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information. The Department has indicated that the Office of the Attorney General is advising on whether specific approval would be required in this instance. It is, therefore, also proposed that the Department be requested to forward the conclusion of the advice provided. Is that agreed? Agreed.

I am relieved that Deputy Gay Mitchell is not here to cover this matter. He would have considerable things to say about it.

Commission document 2.3 COM (2004) 594 is a proposal for a decision on the signing and conclusion of the agreement between Denmark and the EC extending the provisions of the Dublin II regulation and the Eurodac regulation to Denmark. This proposal seeks approval for the signing and conclusion of the agreement concerning the so-called Dublin and Eurodac regulations with the Kingdom of Denmark. The Dublin regulation provides that an applicant for asylum does not decide which country will investigate and consider the application. This is determined by reference to questions such as whether the applicant already applied for asylum in another country covered by the Dublin regulation. The Eurodac regulation seeks to assist in the operation of the Dublin regulation through the maintenance of a database of the fingerprints of the people concerned. The Department's note indicates that the implications for Ireland of the adoption of the measure would be minimal.

It is proposed that the proposal be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information. The Department has indicated that the Office of the Attorney General is advising on whether specific approval would be required in this instance. It is, therefore, also proposed that the Department be requested to forward the conclusion of the advice provided. Is that agreed? Agreed.

We have three CFSP measures for this meeting. Commission document 3.1 CFSP (2004) 569 is a Council joint action on the mandate of the European Union special representative in Bosnia and Herzegovina and repeals Council joint action 2002/2911/CFSP. Lord Ashdown was appointed the EU's special representative in Bosnia and Herzegovina in March 2002. In July 2004 the Council agreed a joint action concerning operations in the state. This joint action follows from joint action 2004/570 and amends Lord Ashdown's mandate to take account of the enhanced co-ordination role of the EU special representative, or EUSR. The EUSR will have an additional role in the envisaged EU military operation in the country, after NATO's SFOR operation in Bosnia and Herzegovina concludes at the end of 2004. It is proposed to note the measure.

Is that agreed? Agreed.

Commission document 3.2 CFSP (2004) 661 is a Council common position of 24 September 2004 concerning restrictive measures against certain officials of Belarus. This common position follows from a report adopted by parliamentary assembly of the Council of Europe concerning the fate of four well-known persons who disappeared in Minsk in 1999 and 2000. The report by a member of the assembly from Cyprus, Mr. Christos Pourgourides, indicated that a proper investigation of the disappearances had not been carried out by the competent Belarusian authorities. Despite calls from the EU, the Government of Belarus has not established an independent investigation into the disappearance of a former Minister, a former Vice-President of the Parliament, a businessman and a television cameraman. Consequently, the Council has decided to implement targeted sanctions regarding Belarus. These will involve travel restrictions on listed persons considered in the "Pourgourides Report" to be actors in the 1999-2000 disappearances, including the Prosecutor General and the Minister of the Interior of Belarus. It is proposed to note the measure. Is that agreed? Agreed.

Commission document 3.3 CFSP (2004) 694 is a Council common position of 11 October 2004 on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia, or ICTY. This measure is the latest in a series of common positions concerning the work of the ICTY considered by the sub-committee. It follows from a UN Security Council resolution and strengthens the measures in place for leading actors in the conflict of the 1990s in the former Yugoslavia. The common position agrees to the imposition of an asset freeze relating to Mr. Karadzic and the commander of the Bosnian Serb forces during the siege of Srebrenica, Mr. Mladic, as well as Mr. Gotovina, commander of the Croat forces during the retaking of Krajina. The common position is implemented through a regulation, which is the subject of the note on COM (2004) 348, and results in member states freezing the economic assets of the persons concerned. It is proposed to note the measure. Is that agreed? Agreed.

Why is this coming to us now, when it has already been implemented since 11 October?

There is a related regulation later on, but I am advised that they were adopted at the same time. There are no deferred documents for consideration at this meeting. The next set of proposals on the agenda are those which it is proposed do not warrant further scrutiny. These are items Nos. 5.1 to 5.17, inclusive. Members should note that item No. 5.8 is a title IV measure and was taken as item No. 2.3. Item No. 5.2 has been adopted and will now be dealt with as item No. 6.6, an adopted measure. Similarly, item No. 5.9 has been adopted and will be dealt with as item No. 6.7, an adopted measure.

Item No. 5.1, Commission document COM (2004) 560, is a proposal for a Council decision approving the conclusion of the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency. To date, the EU has been a party to the conventions on assistance and notification in the event of nuclear or radiological accidents with respect only to its research facilities. Under the conventions, a party to them is obliged to notify other parties about the release of radioactive materials and to provide them with relevant information. The Commission argues in its memorandum that the measures adopted in 1987 do not reflect its competence in this area and that it should become a full party to the conventions.

I understand the Department has indicated that it supports the proposal as it would underpin the provision of information on situations related to the release of radioactive materials. There would, for example, be an additional party requesting and receiving information and the Department contends that the greater flow of information in this area is to be welcomed. It is proposed that the proposal does not warrant further scrutiny, but that it be forwarded to the Joint Committee on the Environment and Local Government for information. Is that agreed? Agreed.

Item No. 5.2, Commission document COM (2004) 60, has been dealt with as item No. 6.6 as it has been adopted. Item No. 5.3, Commission document COM (2004) 604, is a proposal for a Council decision amending Council Decision 2002/883/EC providing further macro-financial assistance to Bosnia-Herzegovina. In November 2002, the Council decided to provide Bosnia-Herzegovina with macro-financial assistance of up to €60 million. The assistance was provided in the form of a loan facility of €20 million and the remainder was administered by way of a grant facility. The objective of the assistance has been to support the balance of payments situation and to help ease the country's external financial requirements in the post-conflict period.

The provision of assistance under the 2002 decision was dependent on a satisfactory track record on the economy. However, I understand that due to procedural requirements and delays in implementing the required economic reforms, it was not possible to provide all the assistance within the timeframe envisaged in the original decision. The proposal seeks to amend the current arrangement to permit the final payments be made up to 30 June 2005. The original decision had a cut-off date of November 2004.

The Commission's memorandum to the proposal outlines that Bosnia-Herzegovina, BiH, needs to make progress in a number of economic areas before it can recommend the opening of negotiations on a stabilisation and association agreement with BiH. Nonetheless, the Commission notes that progress in structural reforms has continued and that, on this basis, it is proposing an extension in the timeframe for provision of this assistance. The Department of Finance has confirmed that the adoption of the proposal would have no direct implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item No. 5.4, Commission document COM (2004) 605, is a proposal for a Council decision amending Council Decision 2002/882/EC, providing further macro-financial assistance to the Federal Republic of Yugoslavia. In November 2002, the Council decided to provide up to €130 million up to November 2004 to underpin economic reforms in the country. However, in recent times the pace of economic advance has slowed down, due to, among other things, a difficult political situation. I understand that €25 million of the original amount of assistance remains to be provided and this proposal seeks to extend the period by which this assistance might be provided. The adoption of the proposal would see the provision of this macro-financial assistance to Serbia and Montenegro being provided up to 30 June 2006.

The provision of the remaining financial assistance is linked to progress in economic and structural reforms and the Department has confirmed that the adoption of the proposal would have no direct implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item No. 5.5, Commission document COM (2004) 644, is a proposal for a Council regulation amending Regulation (EC) No 527/2003 on the importation of wines from Argentina to include an extension of the derogation for wines that may contain malic acid. I understand the sub-committee previously considered this matter in October 2003 when it determined that the related proposal did not warrant further scrutiny. This proposal seeks to extend permission for a further year the offering for sale of wines imported from Argentina, which have had acid derived from apples added to them. Members have seen from the materials circulated that it is contended that this is in order to sharpen the taste of the wine. Did Deputy Carey check this?

Has the wine matured in the meantime?

There is a strong case for some underground investigation in this matter.

We will check the budget. The proposal would allow for an extension of the current regulation permitting the sale of such wines for human consumption within the EU until the end of September 2005. I understand that the Department of Agriculture and Food has made clear that the addition of acid derived from apples to wine, while not traditionally permitted by European wine-making rules, has "no health implications". It is proposed that the proposal does not warrant further scrutiny. Is that agreed?

It does raise the question of whether the inclusion of such substances should be indicated on the bottle. Consumers should be told whether a product is organic.

It is unfortunate that Senator Quinn is not here as we could have asked for his advice.

He or his son may be guests on the radio programme of Ms Marian Finucane as we speak.

If members wish, we could ask the Department of Agriculture and Food if there are regulations with regard to the labelling of wines.

There is no difficulty with the addition of malic acid to wine but the consumer should be informed of its addition.

We will seek that information from the Department. It is a matter of interest to us all and is news to me.

Item No. 5.6, Commission document COM (2004) 647, is a proposal for a Council decision fixing the financial contributions to be paid by the member states contributing to the European Development Fund with regard to the third instalment of 2004. In June, the sub-committee noted the proposal, COM (2004) 378, from the Commission calling for the second instalment of member states' contributions to the European Development Fund. The current proposal from the Commission sets the contributions for the member states with regard to the third tranche of assistance to the fund. This tranche amounts to €490 million and Ireland's share of this would be just over €3 million.

The Commission's memorandum to the measure notes that the member states are required to pay the contributions due under this instalment within 21 calendar days of the date on which the Council's decision is notified to them. It also indicates that the level and schedule of contributions were sent by the Commission to the Council in November 2003. It is proposed that the proposal does not warrant further scrutiny. Is that agreed?

The sub-committee occasionally receives documents from Departments with regard to EU decisions that have already been adopted. This matter has been in negotiation since last year. The sub-committee deserves the courtesy of earlier presentation of documents. One feels the sub-committee must sometimes remind some Departments of its existence.

Is the Deputy suggesting the committee communicates with the Department?

We should flag the issue when it arises. These issues were flagged in advance with the previous Chairman. However, I note what the Chairman is saying.

Is the Deputy proposing the committee writes to the Departments involved?

COM (2004) 658 is a proposal for a Council decision on the signature and conclusion of the agreement on Swiss participation in the European Environment Agency and the European Environment Information and Observation Network. The European Environment Agency, EEA, was created by regulation in 1990 and is tasked with producing objective, reliable and comparable information for those concerned with the implementation of the European environment policy. Third country membership is permitted under the regulation and Switzerland is the only major western European country of currently outside the network of the agency.

This proposal seeks to promote the Swiss Confederation to become part of the agency's network. It can be seen from the number of proposals related to bi-lateral agreements with the Swiss Confederation that there is heightened activity in the bi-lateral relationship with that state. This is partly due to the country being outside the EEA framework. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 594 has been dealt with as Item 2.3 as it is a Title IV measure. COM (2004) 669 will be dealt with as Item 6.7 as it has been adopted. COM (2004) 616 is a proposal to amend Council Regulation 2201-2003 concerning recognition of judgments in matrimonial matters, as regards treaties with the Holy See. Council Regulation (EC) 1347-2000 provides for the mutual recognition of judgments in matrimonial matters in civil proceedings. This is a technical proposal from the Commission to include Malta with the group of member states under Regulation (EC) 2201-2003, whereby the decisions of the ecclesiastical courts in the members states concerned with regard to the annulment of canonical marriages are recognised by other states.

The existing member states concerned by the current regulation are Spain, Italy and Portugal. The legal obligation arises from concordats between these member states and the Holy See. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 639 is a proposal for a Council regulation on the importation of certain steel products originating in the Russian Federation. Drawing from the Commission's memorandum to this proposal, the Department indicates that competition is currently robust in the EU for steel products. In an effort to ease competitive pressures, this proposal seeks to allow for additional imports of certain steel products from the Russian Federation. The Department has also indicated its consultants have led it to conclude the adoption of the proposal would have no negative implications for Ireland. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

Items 5.12 and 5.13 are discussion documents. COM (2004) 562 is a Green Paper on mutual recognition of non-custodial, pre-trial supervision measures. Owing to the risk of flight, non-national suspects are often remanded in custody while residents benefit from alternative measures. The paper suggests the introduction of a legal instrument to enable member states mutually recognise non-custodial pre-trial supervision measures would help reduce the number of non-resident pre-trial detainees in the EU. It also seeks to develop a debate on the "Eurobail" system. It argues that a new category of "enforceable offence" be created and that this category be called "Fugitive from Justice".

It is also argued that the European Arrest Warrant, EAW, has a threshold of punishability of one year and therefore there are situations where the EAW system will not lead to the surrender of the requested person to the issuing member state. The Department's note indicates it has sought legal advice from the Attorney General's office on the matter. The Commission is seeking views on the Green Paper by 30 November 2004. It is proposed the Green Paper be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information. Is that agreed? Agreed.

It is a tight timeframe for submissions, considering the date of issue of the document was 10 September. No action will be taken on the matter for a few more days. This committee is sometimes taken for granted by certain Departments. I am sure there is a good explanation for the short timeframe.

Should the committee request an explanation from the Department of Justice, Equality and Law Reform?

COM (2004) 608 is a Green Paper on defence procurement. According to data presented in the paper, the defence expenditure of the 25 member states constitutes approximately €160 billion. The market for the equipment, which constitutes one fifth of the expenditure, is fragmented, and the Commission contends this "increases the cost to the taxpayer and damages both the competitiveness of the European defence industry and its ability to meet the requirements of the ESDP".

The Green Paper is an attempt by the Commission to encourage a debate on the establishment of an appropriate regulatory environment for the procurement of defence equipment. The Department's note suggests the "end goal of the Green Paper" is to have a single set of rules for procuring defence equipment.

The creation of a more regulated market would not have any major implications for Ireland and the Department indicates it is "something that would be welcomed". The Commission is seeking the views of interested parties by January 2005. It is proposed the Green Paper be forwarded to the Committee on Justice, Equality, Defence and Women's Rights for information. Is that agreed?

The timescales are tight. The same principle applies here, regarding the length of time given by the Commission in terms of notifying the country and the response of the country itself. This committee has the capacity to respond and make an input to Green Papers. We should ask the Department to raise the matter of timescales with the Commission, so that the committee at least has some capacity to have a view and send it back to the Commission.

I agree with Senator Dardis. There are technical, but also political, aspects to this matter. There are issues which would play into the hands of certain sceptical citizens in this country, only too happy to exploit it as a signal we are going for a common foreign and security policy by stealth.

Will the committee seek an explanation from the Department of Defence, and find the date on which it received the communication?

If the Department is uncomfortable about the times involved, it should communicate to the Commission its displeasure that we must respond within such a tight timescale.

We will do so. COM (2004) 600 is a proposal to terminate a review of anti-dumping measures imposed on certain electronic weighing scales, REWS, in respect of a specific Taiwanese exporter. Following an investigation, the Commission has concluded a Taiwanese exporter of electronic weighing scales, Charder Electronic Company Ltd, should be subject to existing anti-dumping measures in place with regard to scales for use in the retail trade. The anti-dumping duty rate would be the 13.4% imposed by Regulation (EC) No. 2605-2000. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 678 is a proposal to impose anti-dumping measures in respect of imports of okome plywood originating in the People's Republic of China. Following a complaint from the European Federation of the Plywood Industry, the Commission investigated the possibility of dumping in the EU by manufacturers of plywood in the People's Republic of China. The investigation determined that dumping was taking place.

The Commission is seeking to impose anti-dumping duties on plywood from the People's Republic of China. The Department has indicated its consultation process has resulted in none of those consulted reporting any difficulties from the adoption of the proposed measures. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 614 is a proposal for a Council regulation on administering imports of certain steel products from the Ukraine. This proposal aims to provide the regulatory framework for the agreement on steel with the Ukraine. For example, it sets out the rules on import licences and administrative co-operation. The proposed legislation also includes quantitative limits on the importation of certain steel products from the Ukraine.

The Department's note indicates its consultation process has resulted in none of those consulted reporting any difficulties from the adoption of the proposed measure. This proposal is associated with COM (2004) 613. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 613. This is a proposal for a Council decision on the conclusion of an agreement between the European Community and the Government of the Ukraine on trade in certain steel products. This proposal seeks approval for the conclusion of the agreement on steel with the Ukraine. For example, it sets out the rules on import licences and administrative co-operation. The agreement also includes quantitative limits on the importation of certain steel products from the Ukraine.

The Department's note indicates its consultation process has resulted in none of those consulted reporting any difficulties from the adoption of the proposed measure. This proposal is associated with COM (2004) 614. It is proposed this does not warrant further scrutiny. Is that agreed? Agreed.

We have received seven adopted measures for this meeting, items Nos. 6.1 to 6.7, inclusive. COM (2004) 348 concerns Council Regulation (EC) No. 1763-2004 of 11 October 2004 on further measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY). This is the latest in a series of measures concerning the work of the ICTY considered by the sub-committee. It follows from a Council Common Position, and strengthens the measures in place with regard to leading actors in the conflict of the 1990s in the former Yugoslavia. The regulation puts in place an asset freeze relating to Mr. Karadzic and the commander of the Bosnian Serb forces during the siege of Srebrenica, Mr. Mladic, as well as Mr. Gotovina, commander of the Croat forces during the retaking of Krajina. The regulation obliges member states to freeze the economic assets of the persons concerned. This action is intended to increase pressure on the three indicted war criminals.

The regulation and the common position were agreed at the GAERC on 11 October 2004. The additional note from the Department, which was circulated with the advice, indicates this was to ensure assets were not moved prior to its adoption. The Department has also indicated this issue was the subject of a pre-adoption note to the previous Chair. It is proposed to note the measure. Is that agreed? Agreed.

What is the difference between this and what the committee has already discussed?

This regulation is a legal instrument. The other is a COM measure, and does not have any direct effect.

COM (2004) 645 is a proposal for a Council decision concerning the signature and conclusion of the agreement between the European Community and the Swiss Confederation in the field of statistics. The Commission's memorandum to this measure outlines that Switzerland suggested, following the negative vote on the EEA referendum, that bilateral agreements would be developed on a number of sectoral areas, including statistics.

Under this agreement, existing co-operation on statistical matters would be deepened. To a great extent, Switzerland would adopt the acquis communataire in relation to statistics. Switzerland’s participation in the Community’s statistical programme would, for example, involve the provision of statistical information to Eurostat and the Swiss statistical office would participate in EU-EEA groups discussing statistical matters.

The Council approved the signature of the agreement on 25 October. It is proposed to note the measure. Is that agreed? Agreed.

It is a load of cuckoo, but we should watch the matter.

That is a timely comment. COM (2004) 663 is a Council regulation amending Regulation (EC) No. 798-2004 renewing the restrictive measures in respect of Burma-Myanmar, as regards the financing of certain enterprises.

The EU Common Positions and Regulations on Burma have been renewed and amended on a number of occasions in recent years. The sub-committee most recently considered a measure regarding Burma in May 2004. This regulation follows more recent concern outlined at the GAERC about the failure of the regime to fulfil conditions set by EU foreign ministers at an informal meeting in April 2004 in Ireland. The fulfilment of these conditions would see advances towards democracy in Burma-Myanmar. The regulation also follows from a common position on Burma and strengthens the restrictive measures to include, inter alia, a prohibition on making financing available to certain Burmese state-owned enterprises.

The Commission in its memorandum underlines the need to put additional pressure on the regime in Burma through the adoption of this measure in response to "the continuing and intensified repression of civil and political rights". As indicated earlier by the Department, the proposal has now been adopted by Council. It is proposed to note the measure. Is that agreed? Agreed.

This begs the question raised last year, namely, why did the European Union insist on recognising the regime in Myanmar? We must have these restrictions.

COM (2004) 595 is a proposal for a Council regulation amending Council Regulation (EC) No. 176-2000 amending Council Regulation (EC) No. 1015-94. In April 1999, a Japanese company, Ikegami Tsushinki Company Limited, applied for an exemption to anti-dumping duties imposed on certain television camera systems in 1994. This exemption was granted and entered into force on 28 January 2000. This measure, which was adopted by Council on 4 October, backdates the exemption to the date of the original application by the company "in accordance with the consistent practice of the Community Institutions".

The Department's note indicates its consultation process has resulted in none of those consulted reporting any difficulties from the adoption of the proposed measure. The Department has outlined in an additional note to the sub-committee that the proposal was adopted soon after it was presented by the Commission. It is proposed to note the measure. Is that agreed? Agreed.

I am nit-picking again, but why, under No. 3, does it state the date and number of Council document are not yet available? Who do they think we are?

Is the Deputy making a proposal?

I am raising again my dissatisfaction with certain Departments which are inclined to take a slightly cavalier attitude towards their responsibility to submit documents in a timely fashion.

Does the Deputy wish to defer this item?

No, but I want note to be taken of this issue. I congratulate Deputy Allen on his election to the position of Chairman. The previous Chairman, Deputy Gay Mitchell, was forced on a number of occasions to raise this issue with the relevant Departments. It would be opportune for Deputy Allen, as incoming Chairman, to indicate that the sub-committee takes its work very seriously. Departments are generally very co-operative but they should not put the sub-committee and its staff under pressure with either late submission of documents or submission of incomplete data.

I support Deputy Carey. There is an attitude in some Departments that the sub-committee is a type of pro forma inconvenience. The point should be made that we take our work seriously and will scrutinise matters that are brought for our consideration. The Departments should be made aware that we will let them know if we feel that documents are not sent to us on time or are inadequate in their content.

It is open to us to invite a senior official to come before the sub-committee, as was done on a previous occasion.

I am told that these measures are adopted very quickly but that we are in constant communication with the Department of Enterprise, Trade and Employment.

Deputy Carey's point is generally valid, not merely in respect to this particular issue but in an overall sense.

The sub-committee is communicating with a number of Departments arising from such observations.

It puts needless pressure on the sub-committee's officials when issues like this arise.

I will make the members' views known to the Department. Is item No. 6.4, Commission document COM (2004) 595 agreed? Agreed.

Item No. 6.5, Commission document COM (2004) 637, is a proposal to extend anti-dumping duty imposed on imports of steel ropes and cables originating in China to imports consigned from Morocco. Following a complaint from the liaison committee of the European Federation of Steel Wire Rope Industries, EWRIS, the Commission's investigation into the market found that the anti-dumping duty imposed on imports of the product concerned from the People's Republic of China was being circumvented by diverting exports through Morocco. This measure imposes the same rate of duty on imports from Morocco as that in operation for China, 60.4%. The duty will not be imposed on one company based in Morocco that produces steel ropes and cables, as it was found that the company concerned, Remer Maroc SARL, was not a significant exporter and did not purchase steel ropes or cables in China.

The Department has outlined in an additional note to the sub-committee that the proposal was adopted soon after it was presented by the Commission. It is proposed that the sub-committee note the measure. Is that agreed? Agreed.

Item No. 6.6, formerly item No. 5.2, is Commission document COM (2004) 601. This is a proposal concerning the signature of the agreement between the EU and the Swiss Confederation amending the agreement of 22 July 1972 concerning processed agricultural products. The need to update the 1972 agreement with the Swiss Confederation is the source of this proposed Commission measure. It aims to take account of developments in the international trade regime and encompasses a wide range of products, such as margarine and fruits. The adoption of the measure sees improved market access for products concerned and the Department of Agriculture and Food has concluded in its information note that this would increase market opportunities for Ireland, among others.

For the products concerned, the parties to the agreement "may not levy customs duties on imports or charges having equivalent effect". The measure was adopted by the Council at the end of October to facilitate the early signature of the agreement. It is proposed that the measure be noted and that it be forwarded to the Joint Committee on Agriculture and Food for information. Is that agreed? Agreed.

I do not have a problem with this item but I cannot identify it in my papers.

It was formerly item No. 5.2. Item No. 6.7, formerly item No. 5.9, is Commission document COM (2004) 669. This is a proposal for the signature of the exchange of letters on the date of the application of the agreement between the EU and the Swiss Confederation providing for the taxation of savings income. The sub-committee considered the original proposal concerning the agreement on the taxation of saving income in the Swiss Confederation in April this year when it was determined that the proposal did not warrant further scrutiny. This technical instrument changes the date for the operationalisation of the measure in order to bring it into line with similar measures agreed with other third countries. The new implementation date is 1 July 2005. This measure was adopted by the Council on 25 October. It is proposed that the sub-committee note the measure. Is that agreed? Agreed.

Item No. 7 is the minutes of the previous meetings of 30 September 2004, 7 October 2004 and 14 October 2004, which have been circulated to members. Are they agreed? Agreed.

I propose that the next meeting of the sub-committee should take place in on 18 November 2004 at 9.30 a.m. Is that agreed? Agreed. I am now advised that there may be some difficulty with that date as some members may be engaged abroad on sub-committee business. The secretary will advise members if the date of the next meeting changes. I thank members for their co-operation on my first occasion as Chairman.

The sub-committee adjourned at 10.25 a.m. until 9.30 a.m. on Thursday, 18 November 2004.

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