JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Thursday, 16 Jun 2005

Scrutiny of EU Proposals.

Vice Chairman (Senator Bradford)

Items 1.1 to 1.3 on today's agenda are proposed for referral to sectoral committees for further scrutiny. COM (2005) 122, 123 and 124 is a package of proposals for decisions in the area of freedom, security and justice which is directly related to the next financial perspective. Negotiations on the individual elements of the package will be intrinsically linked with any outcome on the perspectives and therefore, I also understand, open to likely amendment and the downward adjustment of the indicated sums allocated in the proposed measures.

In an accompanying communication the Commission sets out that the creation of an area of freedom, security and justice would complement the establishment of an integrated, frontier-free economic area. The Commission then contends that "this area needs to be further developed and strengthened" and that this initiative would be "at the heart of the political project for an enlarged Union".

The Commission also sets out its belief that the three elements of the area — freedom, security and justice — must be developed across the EU member states in a balanced manner and that the monitoring of member states is required to ensure that the "same approach in their areas of competence" is adopted. Underpinning all of these actions is the promotion of European Union citizenship through the development of a "feeling of belonging to a union that shares the same fundamental rights and values".

Item 1.1 is COM (2005) 122, a package of proposals for decisions relating to the justice framework programmes on the fight against violence, fundamental rights and citizenships, criminal justice and civil justice. The proposed budget for this package is €531.9 million. Three existing agencies, the European Monitoring Centre for Drugs and Drug Addiction, the Observatory on Racism and Xenophobia, and Eurojust would be funded through the proposed programme on fundamental rights.

Support would also be offered to a range of organisations working to inform and educate on violence and drug issues, with a particular emphasis on the needs of children, young people and women. Community funding would take the form of grants or public procurement contracts.

The promotion of common values would be advanced through, inter alia, support for inter-faith and multicultural dialogue and through informing the peoples of Europe of their rights in the context of the EU. The programme specific to criminal justice would promote judicial co-operation and promote the mutual recognition of judicial decisions and judgments. It would also, inter alia, support the development and implementation of a European computerised system of exchange of information on criminal records.

The scrutiny committee has in recent months referred a number of documents relating to the exchange of information to the Joint Committee on Justice, Equality, Defence and Women's Rights, in particular the White Paper COM (2005) 10. This proposal would therefore be of interest in the context of any consideration that committee might wish to give to that matter. The proposed measure also seeks to advance a particular European perspective on justice and rights and further elaboration would be required on how this might operate in Ireland and across the EU. It is therefore proposed that this package of proposals be referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for further scrutiny. Is that agreed?

Senator Dardis

Will we have future financial perspectives?

Deputy Sexton

It would be even better to foster the training of members of the Judiciary. That would be interesting.

Vice Chairman

As the Vice Chairman, I will not comment. Item 1.2 is COM (2005) 123, a package of proposals for decisions relating to the freedom framework programmes, the European Refugee Fund, the External Borders Fund, the European Fund for the integration of third country nationals, and the European Return Fund. The proposed budget for this package of freedom proposals is €5,866.3 million.

The Commission's documentation outlines that there is a "differential burden imposed" across the member states with regard to migratory flows, therefore the number of persons affected by related policies is considerable. In the 25 member EU, the member states are responsible for controlling about 6,000 km of land border and about 85,000 km of coastline.

The documentation also indicates that member states refuse entry to 340,000 third country nationals, apprehend approximately 500,000 third country nationals illegally residing in their territories, and remove approximately 300,000. In the 25 member EU 2.2 million permits are granted to third country nationals to reside or stay.

Adoption of the proposed framework programme would see the establishment of "solidarity" funds in four areas, control and surveillance of external borders, return of third country nationals residing illegally in the EU, integration of legally residing third country nationals and asylum.

It is envisaged in the proposal that assistance to the individual member states would be based on the current and evolving burden and bringing collective benefits to the EU. An agency and a number of instruments would also be funded under the programme such as the European agency for the management of operational co-operation at the external borders and the instrument relating to EURODOC and the Schengen information system.

The proposed measure seeks to advance a particular European perspective on migration rated issues through the financial support of initiatives and projects at the level of the Commission as well as the member states. How these might operate in Ireland and across the EU would require further elaboration. It is therefore proposed that this package of proposals be referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for further scrutiny.

Senator Dardis

Agreed.

Vice Chairman

COM (2005) 124 is a package of proposals for decisions relating to three security framework programmes: prevention, preparedness and consequence management of terrorism; security and safeguarding liberties; and prevention of and the fight against crime. The Commission proposes that the budget for this set of programmes will be €735 million. It is envisaged that the framework programme will combine all activities related to law enforcement and crime prevention in a wider sense, including policing. The proposal includes provision for financing of the European police college. The Department of Justice, Equality and Law Reform has been requested to provide a briefing note for the committee on the current position on the college, which was established under a decision in 2000.

The proposed programme concerning terrorism will concentrate on preventing and reducing the risk of a terrorist attack, protecting critical infrastructure and on areas not covered by the rapid response instrument. Adoption of the programme would see provision for EU-wide projects, initiated and managed by the Commission, and allow support for transnational and member state specific projects in this regard. According to the Commission, the emphasis of the programme will be on innovation and the transfer of experience.

The actions around the fight against crime will have three themes. The first is to promote and develop co-ordination and co-operation with respect to law enforcement. The second is to promote and simulate crime prevention and criminology and third, to promote the development of best practice regarding witnesses and victims. Projects in this area will be funded through grants and public procurement contracts.

The proposed measure seeks to advance a particular European perspective on security and liberties through the financial support of initiatives and projects at the level of the Commission as well as the member state. How these might operate in Ireland and across the EU would require further elaboration. It is therefore proposed that this package of proposals be referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for further scrutiny.

Deputy Sexton

Agreed.

Vice Chairman

: We did not receive any Title IV Measures for today's meeting. We received four CFSP measures for today's meeting: The first is the European Council joint action 2005/265/CFSP appointing a special representative of the European Union for Moldova. In view of the developing relations between the EU and Moldova, the Council decided to appoint an EU special representative, EUSR, to contribute to a peaceful settlement in Transnistria, assist in the fight against the trafficking of human beings and to promote good mutual relations. Mr. Adriaan Jacobovits de Szeged was appointed to this post. The note from the Department of Foreign Affairs states that the appointment of the EUSR will provide a useful mechanism for Ireland in developing policy on Moldova, within the EU context. The European Council adopted the measure in March 2005 and the Department has apologised for the delayed submission of the related information note. It is proposed to note the measure.

Senator Dardis

Agreed.

Vice Chairman

CFSP/330/2005 is a Council joint action amending the mandate of the special representative of the European Union for the South Caucasus, Mr. Heikki Talvitie, who was appointed to the post on 7 July 2003. The mandate is amended to include a provision for a support team to facilitate confidence building between Georgia and the Russian Federation. The Council adopted the measure in April 2005 and the Department of Foreign Affairs has apologised for the delayed submission of the related information note. It is proposed to note the measure.

Deputy Sexton

Agreed.

Vice Chairman

CFSP 340/2005 is a Council common position extending restrictive measures against Burma, or Myanmar and amending Council Common Position 2004/423 CFSP. This proposal seeks to extend the restrictive measures put in place in April 2004 for a further 12 months. The measures relate inter alia to a visa ban on named persons associated with the regime and the freezing of certain assets. The Council adopted the measure in April 2005 and the Department of Foreign Affairs has apologised for the delayed submission of the related information note. It is proposed to note the measure.

Senator Dardis

Agreed.

Vice Chairman

CFSP/355/2005 is a Council joint action on the security sector reform advisory mission in the Democratic Republic of Congo, which establishes a small unit of seconded member state staff to assist the Congolese authorities in reform of their security sector, with a view to it respecting human rights and international human rights law in particular. It is proposed to note the measure.

Deputy Sexton

Agreed.

Vice Chairman

It is not proposed to defer any proposals.

COM (2005) 112 is a proposal for a regulation establishing a common framework for business registers used by the member states for statistical purposes and repealing Regulation (EC) No. 2186/93. Members will note that the Department's information underlines the background and arguments advanced in the Commission's memorandum to this proposal. That memorandum suggests that changes in the economies since 1993 have necessitated the advancing of the proposal, adoption of which would see the inclusion of statistical data on the agriculture, fishing and public administration sectors in the business registers. This committee has forwarded similar proposals to the Joint Committee on Enterprise and Small Business in the past, highlighting the potential implications for the CSO and the business sector. The CSO stated that adoption of the proposal should not impact on the agriculture and food sectors as the data currently available to it should meet the requirements of the proposed measure. It is proposed, given the additional information provided by the CSO, that the proposal does not warrant further scrutiny. However, it is proposed that the proposal be forwarded for information to the Joint Committees on Enterprise and Small Business, Agriculture and Food and Communications, Marine and Natural Resources.

Senator Dardis

Agreed. Will Ireland have to fund this measure? In other words, will the CSO pick up the bill?

Vice Chairman

I am advised that while there is no indication that funding from the EU might apply and the expectation is that the cost would be applicable to the member state and therefore, to the CSO.

COM (2005) 113 is a proposal for a Council regulation establishing a rapid response and preparedness instrument for major emergencies. A major emergency is defined in the proposal as "any situation which has, or may have, an adverse impact on people, property or the environment and may result in a call for assistance". The proposed measure seeks to give a legal basis for EU financial support to rapid responses and preparedness for such major emergencies in and across the member states. The proposed level of support over the period of the next financial perspective is €173 million.

The Department of the Environment, Heritage and Local Government indicates that it supports the proposed measure, once it can be accommodated within the financial perspective currently being negotiated. The Department was asked, following the receipt of its information note, to clarify the voting method that would be used to adopt the proposed measure, as Article 308 of the treaty indicates that the voting method should be by unanimity. It has now confirmed that the adoption is by unanimity. The Department was also asked to outline Ireland's current and anticipated level of participation in rapid response and preparedness activities and in this regard has indicated that an audit is currently being undertaken. An additional note from the Department answering some of the points raised has been circulated to Members.

It is proposed that the proposal does not warrant further scrutiny, but that the Department be requested to keep the committee informed of major developments in relation to the concern that the proposed financial package would be adopted within the financial perspective currently being negotiated.

Senator Dardis

Agreed.

Vice Chairman

COM (2005) 180 is a proposal for a Council regulation imposing certain specific restrictive measures in connection with the impeding of the peace process and the breaking of international law in the Darfur region of Sudan. The proposal seeks approval for economic and financial restrictions on persons deemed by the UN to be impeding the peace process in Darfur. The Department of Foreign Affairs has indicated that the proposed measure may be adopted early this week. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 197 is a proposal for a Council regulation on administering certain restrictions to imports of certain steel products from the Republic of Kazakhstan. This proposal concerns the legal establishment of administrative procedures on certain restrictions in place on steel imports from Kazakhstan, for example on import authorisations. The Department of Enterprise, Trade and Employment note outlines that its consultation process has resulted in no interested party reporting difficulties with the current proposal. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 198 is a proposal for a Council decision on the position to be adopted by the Community with the ACP-EC committee of ambassadors concerning the staff regulations of the technical centre for agriculture and rural co-operation. This proposal seeks adoption of an agreed position on behalf of the EU on the centre's staff regulations and, inter alia, the rights and obligations of its staff. The Department of Foreign Affairs indicates that adoption of the proposed measure would have no implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 201 is a proposal for a Council decision on the conclusion of an agreement between the European Community and the Republic of Kazakhstan on trade in certain steel products covering the years 2002 to 2004. The new agreement sets quantitative limits for imports into the Community of the products concerned for 2005 and 2006. The Department of Enterprise, Trade and Employment reported that its consultation process has resulted in no interested party reporting difficulties with the current proposal. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 213 is a proposal for a Council decision on the position to be adopted by the Community within the ACP-EC Council of Ministers with regard to adoption of a decision on the transitional measures to cover the period from the signing to the entry into force of the revised ACP-EC partnership agreement. At the previous meeting of the scrutiny committee, the Commission's proposal COM (2005) 185 for the signature and conclusion of this agreement was considered. This proposal seeks approval for the operation of certain transitional measures in this regard. The Commission's memorandum and the Department of Foreign Affairs' note both report, for example, that the question of the inclusion of the European Development Fund, EDF, in the Community budget is still outstanding. Therefore, in certain circumstances under this proposal assistance would be provided from the balances of the ninth EDF.

In additional information provided by the Department following a request for clarification on this point, the Department has outlined the position on any ratification of the agreement. Members will have seen that the Department indicates that the Minister for Foreign Affairs is seeking the authority of the Government for signature on behalf of Ireland, subject to ratification, of the revised ACP-EC partnership agreement at the forthcoming ACP-EC Council of Ministers meeting on 24 and 25 June 2005. It is proposed that the proposal be forwarded for information to the Joint Committee on Foreign Affairs with a view to it being brought to the attention of its sub-committee on development. Is that agreed? Agreed.

COM (2005) 214 is a proposal for a directive correcting Directive 2004/18/EC on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts. This proposal concerns the amendment of a proposal initially put forward by the Commission in advance of the current scrutiny arrangements. An error in the earlier draft proposal would have resulted in too low a threshold being set for certain contracts in the terms of the directive that provides for co-ordination of procedures for the award of certain contracts. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 220 is a proposal to amend Regulation (EC) No. 1255/96, temporarily suspending the autonomous common customs tariff duties on certain products. This committee has on a number of occasions considered proposed amendments to this regulation. It most recently did so in January and July 2004, when it was determined that the proposals did not warrant further scrutiny. The Department of Enterprise, Trade and Employment has indicated that in this instance the proposed amendment, inter alia, concerns changes in the specifications for two pieces of high technology equipment, the inclusion of which was proposed by Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 227 is a proposal for a Council Regulation imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo. The proposal seeks approval for the placing of admission restrictions as well as financial restrictions on persons deemed by the UN to be in breach of the arms embargo in place on the DRC. The Department of Foreign Affairs has indicated that the proposed measure may be adopted early this week. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 228 is a proposal for a Council regulation imposing certain restrictive measures in respect of the Democratic Republic of Congo and repealing Regulation (EC) No 1727/2003. The proposal seeks approval for the amendment of certain restrictive measures in place in terms of the arms embargo to, inter alia, allow for derogations such as for the UN mission in the DRC. The Department of Foreign Affairs has indicated that the proposed measure may be adopted early this week. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 142 is a proposal for a Council decision concerning derogation on the concept of originating products and a number of textile products from Tunisia and Turkey. This proposal seeks approval for a period of not more than 12 months for a derogation from the rules of origin in respect of a number of textile products. This would permit certain products exported from Tunisia to the EU to be designated as manufactured there, despite the fabrics originating in Turkey. This proposal follows from the trade agreement between Tunisia and Turkey in the context of the Euro-Med agreement. The Department of Enterprise, Trade and Employment note indicates that it has no objection to the proposal as the measures contained therein are limited. It is proposed that the proposal does not warrant further scrutiny, but that the documentation be forwarded to the Joint Committee on Enterprise and Small Business in the context of the consideration of any impact on the textile sector in Ireland. Is that agreed? Agreed.

COM (2005) 210 is a proposal for a regulation of the European Parliament and of the Council on a multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002. The Commission is seeking approval through this proposal for the funding of the EMSA over the next financial perspective, 2007 to 2013, in terms of its anti-pollution activities. In particular, this would cover four areas of work: information by assembling, analysing and disseminating best practices; techniques and innovation in the field of oil pollution response; co-operation and co-ordination by providing the relevant technical and scientific assistance; and operational assistance by supporting with additional means, for example stand by anti-pollution ships. The work by the agency over the seven years concerned in the area of its anti-pollution activities would be based upon its 2004 action plan.

The Department of Communications, Marine and Natural Resources indicates that the funding of such additional activities would be of assistance in the event of major spills off the coast of Ireland. It is proposed that the proposal does not warrant further scrutiny and that it be forwarded for information to the Joint Committee on Communications, Marine and Natural Resources. Is that agreed? Agreed.

COM (2005) 202 is a proposal for a Council decision on the conclusion of an agreement between the EC and the USA on the fixing of the level of import duty on rice from the USA. This proposal follows from an agreement with the USA, the consequences of which would be the reduction of the duties applying to rice originating in that country and imported into the EU. The Department of Agriculture and Food has indicated that the most direct implication for Ireland of the adoption of the proposal is a possible reduction in the price of rice for consumers. The Department's note indicates that the Council may adopt the proposal on 21 and 22 June. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed. Rice fans will be happy.

COM (2005) 211 is a proposal for a Council decision on the updating of the veterinary legislation in the agreement between the EU and Andorra. The adoption of this proposal would see the agreement with Andorra amended to take account of recent changes to EU veterinary legislation. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 215 is a proposal for a Council regulation amending Regulation (EEC) No. 1907/90 on certain marketing standards for eggs. The Commission is seeking approval through this proposal for an optional derogation in the rules governing the stamping of eggs to indicate their origin. The derogation would apply to small producers with up to 50 laying hens. The Commission argues in the memorandum to the proposal that the existing requirements could create difficulties for certain producers.

The Department has indicated that it is positively looking at the options for applying the derogation and in this regard is consulting the Artisans' Forum of the FSA.

It is proposed that the proposal, which offers greater policy flexibility to member states, does not warrant further scrutiny, but that the proposal be forwarded for information to the Joint Committee on Agriculture and Food. Is that agreed? Agreed.

Senator Dardis

It states that the volume of eggs sold in local markets in Ireland is negligible. I suggest one of the reasons for that is the regulations as they stand at the moment. I am glad this is happening because the small producer is being totally squeezed out by large commercial operations.

Vice Chairman

I agree. For once we are discussing an EU proposal that appears to peel back a little layer of bureaucracy, at least in a small way.

Senator Dardis

They could increase the number of hens.

Vice Chairman

It has been a good morning for rice-eating small egg producers.

Senator Dardis

I hope they do not start substituting rice for barley in the whiskey we are producing.

Vice Chairman

There were no adopted measures received for this meeting. There were no early warning notes received for this meeting.

Minutes of the previous meeting of 2 June 2005 have been circulated. Are they agreed? Agreed.

I propose to defer consideration of the 51st report of the sub-committee. Is that agreed? Agreed.

The joint committee adjourned at 10.05 a.m. until 9.30 a.m. on Wednesday, 29 June 2005.