Skip to main content
Normal View

JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Wednesday, 9 Mar 2005

Scrutiny of EU Proposals.

The sub-committee will today deal with scrutiny of legislative proposals. Item 1 relates to proposals warranting further scrutiny. The first set of proposals, items 1.1 to 1.2, are documents which it is proposed be referred to sectoral committees for further scrutiny. Item 1.1 is COM (2005) 2, a proposal for a Council regulation amending Annex I to Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, the lead Department for which is the Department of Enterprise, Trade and Employment. The Department note indicates that the issue is related to classification matters dealt with by the Revenue Commissioners.

It is suggested that the proposal, particularly given the importance of the IT sector, warrants further scrutiny by the Joint Oireachtas Committee on Enterprise and Small Business. It is also proposed that the time-line relating to the indicated possible adoption of the measure be brought to the specific attention of that committee. Is that agreed? Agreed.

Item 1.2 is COM (2004) 774, a proposal for a Council decision amending decisions 2001/507/EC and 2001/509/EC with a view to making UN/ECE Regulations 109 and 108 on retreaded tyres compulsory, the lead Department for which is the Department of Transport. Currently, compliance with the UN/ECE regulations governing the approval of the production of retreaded tyres is optional. National requirements, according to the Department, do, however, apply.

The proposal seeks to make the UN/ECE Regulations 109 and 108 on retreaded tyres mandatory across the EU and follows the EC's accession to the related agreement. If adopted, member states would be required to make approval in accordance with the relevant regulations a necessary condition for placing retreaded tyres on the market. That the proposal follows from an agreement to which the EC has acceded means there is little or no room for amendment of the proposal.

Under the proposal production units would be required to seek approval for production in conformity with a range of technical specifications. Members may have noted that the Department's note acknowledges that the adoption of the proposed measure implies additional expense for production units and for companies using commercial vehicles. I understand the Department has been posed a number of questions on the proposal and has replied to many of them.

The Department has confirmed it did not take part in any domestic consultation on the proposal. It has also outlined, in response to one of the issues raised, that it is not in a position to say that retreading standards other than those proposed would not constitute a road traffic hazard. It is proposed to refer the proposal for further scrutiny to the Joint Oireachtas Committee on Transport in relation to the possible implications for transport companies of the adoption of the proposed measure. It is also proposed that the proposal be forwarded to the Joint Oireachtas Committee on Enterprise and Small Business for information. Is that Agreed? Agreed.

No Title IV measures were received for this meeting. The next item is CFSP measures, items 3.1 to 3.3. Item 3.1 is CFSP/5726/05, Council Common Position amending Common Position 2004/423/CFSP renewing restrictive measures against Burma/Myanmar, the lead Department for which is the Department of Foreign Affairs. Other interested parties are the Department of Enterprise, Trade and Employment and the Central Bank. It is proposed to note the technical amendment. Is that agreed? Agreed.

Item 3.2 is CFSP (2005) 147, Council Common Position 2005/147/CFSP updating Common Position 2004/179/CFSP concerning restrictive measures against the leadership of the Transdniestria region of the Moldovan Republic, the lead Department for which is the Department of Foreign Affairs. The other interested Department is the Department of Justice, Equality and Law Reform. It is proposed to note the measure. Is that agreed? Agreed.

Item 3.3 is CFSP (2005) 161, Council Common Position renewing Common Position 2004/161/CFSP concerning restrictive measures against Zimbabwe, the lead Department for which is the Department of Foreign Affairs. It is proposed to note the measure. Is that Agreed? Agreed.

Under the heading "Deferred Documents", item 4.1, COM (2004) 716, is a proposal for a Council directive on the supervision and control of shipments of radioactive waste and spent fuel. The lead Department is the Department of the Environment, Heritage and Local Government. No other Department is involved. The proposal seeks to replace an earlier directive relating to the rules governing the transportation of radioactive waste and spent fuel. According to the Department, that earlier directive, 92/3, is open to an inconsistent approach to radioactive waste and materials designated for reprocessing. The current proposal, inter alia, attempts to rectify this by applying the same controls in both cases.

In June 2003 the sub-committee considered COM (2003) 32 relating to the management of spent nuclear fuel and radioactive waste. That proposal highlighted that there were disused nuclear sources stored at different locations in Ireland. The Department has, therefore, been requested to offer its view on whether the adoption of COM (2004) 716 would have implications for the transportation of these radioactive sources within, or without, Ireland and, if this were the case, in what respect the adoption of the proposed directive should be welcomed. It is proposed to defer consideration of this proposal until clarification has been provided by the Department on the points raised. It is also proposed that the Department be requested to provide the required information. Is that agreed? Agreed.

Item 4.2 will be taken as item 1.2, a proposal that warrants further scrutiny. Item 4.3 will be taken as item 5.8, a proposal that it is suggested warrants no further scrutiny.

The next set of proposals on the agenda are ones which it is proposed do not warrant further scrutiny — items 5.1 to 5.10. Item 5.1, COM (2004) 811, is a Green Paper on the European Union approach to managing economic migration. The lead Department is the Department of Justice, Equality and Law Reform. The other Department involved is the Department of Enterprise, Trade and Employment.

The Green Paper concerns admission procedures for the economic migration of third-country nationals. Members will have seen that the Commission's introductory memorandum outlines some of the background to this issue. It is suggested, for example, that between 2010 and 2030, at current immigration flows, the decline in the EU 25's working-age population will entail a fall in the number of employed persons of some 20 million. The Green Paper also underlines that immigration is not the solution to the demographic ageing problem. It adds that it is not its goal to describe policies in the EU 25, nor to compare them to policies in other regions.

The stated goals of the Green Paper are to identify the issues at stake and suggest possible options. It outlines a number of possible approaches to legislation: the adoption of a horizontal approach, with conditions set for employment, residence, etc. across the economic sectors; the adoption of a sectoral approach, with separate regulations for economic sectors; and the adoption of a common fast-track procedure to admit migrants to fill specific labour and skills gaps. Other areas examined include the question of whether admission should be linked to a specific job offer and whether the European Union should have common rules for the admission of third-country nationals. I recall that at the recent meeting of COSAC the Luxembourg Minister responsible for immigration, Mr. Nicolas Schmit, specifically highlighted his view that the Green Paper was very significant in advancing towards an integrated EU immigration policy.

I understand Ireland has an option to opt into many of the policy areas covered by the Green Paper and that, therefore, any proposals emerging from it would not necessarily apply in Ireland. The issues raised are, however, common to member states and the Green Paper has the potential to feed into any debate on immigration matters across the European Union.

It is proposed that the Green Paper be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for its information and consideration. The Green Paper may be of particular significance in the context of plans to amend the existing immigration system in Ireland. It is also proposed that the Green Paper be forwarded to the Joint Committee on Enterprise and Small Business for its information. Is that agreed? Agreed

While I accept it is a Green Paper and, therefore, not a set of final proposals, this is a very important issue which we have been debating at the Joint Committee on European Affairs in the context of the demographic problems facing the European Union. Every country in the Union will face major problems, given that the workforce is declining and the need for significant levels of immigration. It will present a challenge on the economic, social and political fronts.

We are referring the Green Paper to a number of joint committees for their information and consideration. It is worthy of the most detailed debate but as it is only a Green Paper, we are not scrutinising a set of firm proposals. Of all the documents before us today, this is the one with the greatest issues at stake. It is important that the committees concerned and the body politic examine the issue in great detail.

I agree with Senator Bradford. Ireland's requirements and objectives might be different from those of other member states given our high level of employment but this may change in the future. We have a requirement for a large number of migrant workers. There are proposals to fast-track the procedures here. It might be useful if the Green Paper was circulated to the members of the sub-committee as well as other committees.

I attended the COSAC meeting in Luxembourg at which concerns were expressed about immigration policies, specifically the unilateral action taken by Spain to regularise the status of over 500,000 illegal immigrants without consultation. There is a need for consultation between member states. Decisions taken by one country can have major implications for other European Union countries.

There are provisions relating to immigration within the constitutional treaty. It would not make sense for a White Paper to be inconsistent with it, even though it has not yet been adopted.

We will pass on the Green Paper to the relevant committees, mention that it is of specific interest to the sub-committee and suggest that they pay it close attention. We will acquire copies of the Green Paper and return to the issue.

Item 5.2, COM (2004) 738, is an amended proposal for a directive of the European Parliament and the Council on the approval of motor vehicles and their trailers, and the systems, components and separate technical units intended for such vehicles. The lead Department is the Department of Transport. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item 5.3, COM (2004) 814, is a proposal for a Council regulation concerning the provision of pre-accessson financial assistance for Turkey to bring it into line with the new financial regulations on the use of centralised indirect management. The lead Department is the Department of Foreign Affairs. The other Department involved is the Department of Enterprise, Trade and Employment. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item 5.4, COM (2005) 28, is a proposal for a regulation of the European Parliament and the Council amending Regulation (EC) No. 1177/03 concerning Community statistics on income and living conditions. The lead Department is the Central Statistics Office. There are no other Departments involved. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item 5.5, COM (2005) 36, is a proposal for a Council regulation amending Regulation (EC) No. 2792/99 as regards a specific action for the transfer of vessels to countries hit by the tsunami in 2004. The lead Department is the Department of Communications, Marine and Natural Resources. In conformity with Regulation (EC) No. 2792/99, I understand fishing vessels can be withdrawn from the fishing fleet following the provision of public support. However, these vessels must be either scrapped or reassigned to non-fishing purposes. This proposal seeks to provide for a derogation from this provision to allow the vessels removed from the fishing fleet to be transferred to those countries affected by the tsunami.

A spectrum of vessels would be covered by the proposed measure and the transfer would be permitted up to 30 June 2006. In addition, supplementary assistance may be provided to cover the cost of transfer to the third countries concerned and to make the vessels fully seaworthy. Given the size of the vessels concerned, less than 12 metres in length, the Department's note indicates that it is unlikely that such vessels will be decommissioned for use within the Irish fleet in 2005-06. I also understand the Department has been asked to provide a list of the countries eligible to benefit from the proposed measure. This will be circulated in the usual manner when received from the Department. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed

Perhaps if we bought out the salmon nets, there might be some vessels less than 12 metres in length available to be transferred to where they are badly needed.

Item 5.6, COM (2005) 39, is a proposal for a Council regulation terminating the partial interim review of anti-dumping measures on imports of polyethylene terephthalate film originating, inter alia, in India. The lead Department is the Department of Enterprise, Trade and Employment. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item 5.7, COM (2005) 43, is an amended proposal for a Council regulation applying a scheme of generalised tariff preferences. The lead Department is the Department of Enterprise, Trade and Employment. The other Departments involved are the Department of Foreign Affairs; the Department of Agriculture and Food; the Department of Communications, Marine and Natural Resources; the Department of the Environment, Heritage and Local Government; the Department of Justice, Equality and Law Reform; and the Revenue Commissioners. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item 5.8, COM (2005) 54, is a proposal for a Council regulation imposing a definitive anti-dumping measure on imports of polyester staple fibres originating in China, Saudi Arabia, the Republic of Korea and Taiwan. The lead Department is the Department of Enterprise, Trade and Employment. Associated investigations took place into the possibility of dumping by companies in a number of third countries of polyester staple fibres. These investigations took place following complaints by a number of producers based in the European Union, including one based in Ireland, Wellman International Limited. The Department's note indicates that its overseas and indigenous industries section supported their case. Following the conclusion of the investigations, the Commission proposed the following package of trade measures: the imposition of a lower rate on imports from the People's Republic of China and Saudi Arabia than that which had been envisaged at an earlier stage in the process; the termination of the duties relating to Taiwan; and a reduction in the rate on imports from the Republic of Korea.

The Department's note indicates that it supports the general thrust of the proposal, particularly when it balances the needs of consumers and producers. Following the circulation of material, I understand the Department confirmed that the company concerned had been in regular contact with it on the issue and is "reasonably happy with the outcome". This arises because the package is seen as the best that can be achieved in current circumstances. Following the provision of additional information by the Department, it is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

The next two items are additional items on the agenda and were circulated at today's meeting. Item 5.9, COM (2005) 27, is a proposal for a Council regulation amending Regulation (EEC) No. 1883/78 laying down general rules for financing by the European Agricultural Guidance and Guarantee Fund. The lead Department is the Department of Agriculture and Food. This proposal seeks to take account of the need for certain member states to raise funds to pay for agricultural intervention at a higher rate of interest than is standard across a number of member states. The adoption of the measure would see a relatively small amount being drawn down from the European agriculture budget to cover the additional expense. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 840 is a proposal for a Council regulation amending Regulation EC/382/01 as regards its expiry date and certain provisions related to execution of the budget. The lead Department is the Department of Foreign Affairs. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

There is one adopted measure to be discussed at this meeting, item 6.1, COM (2004) 792, a proposal for a Council decision concerning the adoption of a position by the European Community on the implementation of the European Union-Tunisia action plan. The lead Department is the Department of Foreign Affairs. It is proposed to note the measure. Is that agreed? Agreed.

There were no early warning notes received for this meeting. The minutes of the meeting of 17 February have been circulated. Are they agreed? Agreed.

The draft 38th, 39th, 40th and 41st reports of the sub-committee were circulated. I propose that the reports, as circulated, be laid before both Houses. Is that agreed? Agreed.

Under the heading "Correspondence", we have received a letter dated 23 February 2005 from the Department of Agriculture and Food in response to a query on the deferred proposal COM (2004) 775. The Department is still consulting the Food Safety Authority of Ireland on the issue. I propose that the correspondence be noted and that scrutiny of COM (2004) 775 be deferred until the Department informs us of the outcome of the consultation process. Is that agreed? Agreed. The proposal seeks to lay down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies.

My agricultural friend tells me that is BSE.

On the report of the interdepartmental committee on the draft GSP regulation relating to item 5.7 on the agenda, it is proposed that the correspondence be noted. Is that agreed? Agreed.

We received an e-mail dated 25 February and a further e-mail dated 8 March from the Department of Enterprise, Trade and Employment providing additional information on COM (2004) 780 and COM (2004) 794, which was requested following our last meeting. I propose that this correspondence be noted. Is that agreed? Agreed.

As there is no other business, I thank members for their attendance. It is proposed that the next meeting of the sub-committee be held on Thursday, 24 March at 9.30 a.m.

Wednesday mornings would also be suitable. Is there a reason this option is not generally available to us?

I am told the processing of what is a very complex agenda takes a few days. The secretariat will examine the option of holding meetings on a Wednesday.

The sub-committee adjourned at 10 a.m. until 9.30 a.m. on Thursday, 24 March 2005.

Top
Share