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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Thursday, 1 Dec 2005

Scrutiny of EU Proposals.

This discussion is on proposals for further scrutiny. COM (2005) 319 is the revised proposal for a regulation of the European Parliament and of the Council on passenger transport services by rail and road. The lead Department is the Department of Transport, with no other Departments involved. This proposal follows earlier attempts by the Commission to regulate the subvention of public service obligations in the transport sector. The proposal aims to require that transport services not controlled by a local or regional procurement body and seeking a subvention to meet a public service obligation to enter into a competitive process with other providers in this regard.

The Department has indicated the proposal as drafted does not take account of the organisation of transport services in the smaller member states such as Ireland. The Department has been asked for clarification on a number of points raised in its note and the Commission's proposal. Any further information provided in advance of the meeting will be circulated for the information of members. That memo has not yet been received.

The Department has, however, confirmed that the proposal received only cursory attention to date from the Transport Council and working group and it is unclear whether the Austrian Presidency will give it any more detailed consideration. The proposal has the potential to impact on the provision of rail and bus transport in Ireland if and when it is advanced. We received an explanatory memo which contained little beyond the guidelines. It is proposed that the proposal be referred for further scrutiny to the Committee on Transport. It that agreed? Agreed.

I propose we write back to Orla Corrigan to thank her for the correspondence explaining the delay, as she was carrying out the instructions of the sub-committee.

That is agreed. COM (2005) 507 is a proposal for a directive of the European Parliament and of the Council on improving the portability of supplementary pension rights. The lead Department is the Department of Social and Family Affairs and the other Department involved is the Department of Finance.

The importance of mobility of labour is stressed in the Commission's memorandum to this proposal on achieving the Lisbon strategy. The stated aim of the proposal is to reduce the obstacles to freedom of movement across the member states and to increase mobility between centres of employment within the member states. The Department's note indicates that Ireland is already compliant with a number of the provisions in the proposed directive. For example, it is set out that the Pensions Act provides for transferability of pension rights, preservation of rights for those who leave the scheme and the revaluation of accrued rights.

The Department sets out its view that the adoption of the proposed measure would result in additional administrative and other costs for employers. It also raises a number of issues regarding the transfer of pensions between sections of the public sector and transfers beyond the public service in Ireland, suggesting this could result in "serious implications for public sector schemes and members of those schemes".

The Department has indicated that it raised a number of points with the working group in this regard. In particular, the provisions for transfers between sections of the public service could result in an increased administrative burden and transfers beyond the public service would require an increase in the level of information available. The Department has sought further clarification within the working group on these matters. It is also seeking clarity with regard to the possible implications for pensions for the Defence Forces. It is proposed that the proposal be referred for further scrutiny to the Committee on Finance and the Public Service and for information to the Committee on Justice, Equality, Defence and Women's Rights with regard to the need for clarity on Defence Forces pensions. Is that agreed? Agreed.

COM (2005) 523 concerns a proposal for a regulation on the European Social Fund and is a revised text of COM (2004) 493, which was considered by this sub-committee in September 2004 and referred for further scrutiny by the Joint Committee on Enterprise and Small Business. The amended text follows from the Commission's acceptance of a number of amendments to the earlier text adopted by the European Parliament. These amendments, for the most part, make reference to the need to include certain categories of people, such as disadvantaged groups, and stress the importance of issues such as gender mainstreaming. It is proposed that the proposal, which the Department has classified as being of major significance, be referred for further scrutiny by the Joint Committee on Enterprise and Small Business in the context of its consideration of COM (2004) 493 and be forwarded for information to the Joint Committee on Education and Science. Is that agreed? Agreed.

COM (2005) 536 concerns an amended proposal for a decision establishing a Community programme for employment and social solidarity, Progress 2007 to 2013. The lead Department is the Department of Enterprise, Trade and Employment and the other interested Departments are the Departments of Social and Family Affairs, Justice, Equality and Law Reform and Finance. This sub-committee considered the initial proposal from the Commission for the Progress programme, COM (2004) 488, in October 2004 and referred it for further scrutiny by the Joint Committee on Enterprise and Small Business. Following the adoption of a number of amendments by the European Parliament to its original proposal, the Commission is advancing an amended text. The amended text includes, inter alia, the Community programme to promote organisations active at the European level in the field of equality between men and women, stresses the importance of the need to reconcile family and professional life and gives a role to the European Parliament in the monitoring of the programme.

This proposed measure is another in a series of proposals linked to the next financial perspective, 2007 to 2013, and will be central to employment and social policies with a European dimension over the seven years of that perspective. The indicative financial figures for the proposal are likely to be subject to amendment following any agreement on the next financial perspective. I understand that in advance of the meeting the Department had been asked for its views on the amendments proposed in the revised text. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Enterprise and Small Business in the context of its consideration of the earlier proposal from the Commission, COM (2005) 536, which was referred for scrutiny in October 2004. It is also proposed that the Department be requested to outline its views on the amended text. Is that agreed? Agreed.

COM (2005) 575 is a proposal for a regulation fixing for the 2006 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No. 104/2000. The lead Department is the Department of Communications, Marine and Natural Resources. This proposal, which the Department classifies as being of major importance, concerns the guide prices and the facilitation of a system of market support in the fishery sector. The proposal sets minimum selling prices for fishery products. The memorandum to the proposal, inter alia, sets out that guide prices under the proposal would be altered through increases of between 0.5% and 1.5% for the majority of whitefish and between 2% and 3% for herring, mackerel, and albacore. Minor reductions are proposed for other species. I understand that changes in the guide prices can result in shifting the focus of fishing efforts. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Communications, Marine and Natural Resources. Is that agreed? Agreed.

No Title IV or CFSP measures were received for this meeting. There are no proposals proposed for deferral. The next set of proposals on our agenda are proposals which it is proposed do not warrant further scrutiny.

COM (2005) 484 concerns a Green Paper on improving the mental health of the population, Towards a Strategy on Mental Health for the European Union. The lead Department is the Department of Health and Children. The stated purpose of this paper is to launch a debate with a number of stakeholders about the relevance of mental health for the EU, the need for a strategy at EU level and its possible priorities. The Commission is seeking views in this regard by 31 May 2006 and it plans to publish the results of this consultation process with, if appropriate, its proposal for a strategy on mental health for the EU by the end of 2006. The paper outlines, for example, that mental ill health affects every fourth citizen, costs the EU an estimated 3% to 4% of GDP through lost productivity and can lead to suicide. I understand that the paper has been brought to the attention of the secretariat dealing with the Sub-Committee on the High Level of Suicide in Irish Society.

It is proposed that the paper be forwarded for information and consideration by the Committee on Health and Children, particularly in terms of the work of its sub-committee. The Department notes that the report of the expert group on Irish mental health policy is highly likely to reflect the key priorities outlined in the paper. Is that agreed? Agreed.

COM (2005) 452 concerns a proposal for a decision on the Community position on decision No. 1/2005 of the joint committee set up by the agriculture agreement between the EC and Switzerland. The lead Department is the Department of Agriculture and Food. This proposal seeks approval for the Commission to approve within the joint committee the amendment of the annex to the agreement to include recently adopted EU legislation concerning milk and livestock products. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 468 is a proposal for a Council decision authorising the conclusion on behalf of the European Community of a memorandum of understanding concerning the contribution of the Swiss Confederation towards reducing economic and social disparities. The lead Department is the Department of Foreign Affairs. Within the framework that a package of agreements with Switzerland will result in that country participating in a number of programmes and aspects of the European Union, negotiations commenced between both parties on a Swiss contribution to the further development of the ten new member states. The negotiations resulted in a memorandum of understanding setting out the general framework for this assistance, which would amount to 1 billion Swiss francs, €650 million, over five years.

The Swiss contribution to the development of the ten new member states was discussed with a delegation of the Swiss Parliament during an exchange of views at a recent meeting of the Committee on European Affairs. The Swiss contribution is seen as part of a package that resulted in the Swiss Confederation having access to the wider single market following the enlargement in 2004. The contribution would assist in reducing disparities in this larger single market. It is proposed that the proposal does not warrant further scrutiny but that the proposed measure be forwarded to the Committee on European Affairs for information. Is that agreed? Agreed.

COM (2005) 498 is a proposal for a Council regulation amending and updating Regulation (EC) No. 1334/2000 and setting up a Community regime for the control of exports of dual-use items and technology. The lead Department is the Department of Enterprise, Trade and Employment and the other interested Department is the Department of Foreign Affairs. Dual-use items, including software and technology, are civil items which can be used for military purposes. This proposal seeks approval for the inclusion in the annex of Regulation (EC) No. 1334/2000 of dual-use items included under the most recent control lists of international control regimes which not all member states participate in. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 516 is a proposal for a Council decision fixing the financial contributions to be paid by the member states contributing to the first instalment for 2006 of the European Development Fund. The lead Department is the Department of Foreign Affairs. As members will recall, this sub-committee previously considered the final instalment of contributions to the EDF for 2005, COM (2005) 481. This proposal follows the procedure for contributions to the European Development Fund and the European Investment Bank whereby the Commission proposes to the Council the level of contributions for the ensuing period. The proposal concerns the first instalment for 2006 and, in this case, the proposed contribution from Ireland would amount to €8.68 million to the EDF. Ireland's contribution to the European Investment Bank would be €930,000. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 527 concerns a proposal for a Council decision on a Community position within the EU-Swiss joint committee on a recommendation concerning documentation for the re-importation of products into the EC and Switzerland. The lead Department is the Department of Finance and, specifically, the Office of the Revenue Commissioners. This proposal aims to clarify the situation with regard to the documentation required by exporters for products being re-exported into the Community and Switzerland. I understand that guidelines are therefore provided with the proposal and these, inter alia, set out that approved exporters are not required to provide the full range of customs documentation in this situation, thus reducing delays and minimising administrative costs. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 571 is a proposal for a Council decision providing macro-financial assistance to Georgia. The lead Department is the Department of Finance. The Commission is proposing that macro-financial assistance in the form of grants be provided to Georgia through the reprogramming of €33.5 million from an earlier package of assistance. The funds will be made available in at least two instalments for agreed economic programmes. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 572 is a proposal for a Council regulation correcting Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder. The lead Department is the Department of Agriculture and Food. Following changes to customs tariff numbers and the adoption of Regulation (EC) No. 583/2004 setting a higher maximum level at which aid would be supplied for fodder, the Commission is proposing the amendment of Regulation No. 1786/2003 to remove inconsistencies and errors that would otherwise remain in place. The Department has, as Members will have seen, confirmed that it views the adoption of the proposed measure as having no implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

When a proposal has no implications for Ireland I do not normally interject but I wonder whether that proposal has had financial implications for the EU as a whole. It is unusual for it to admit that an error has been made.

There are no financial implications because it is bringing it into line with previous proposals which have already been adopted.

COM (2005) 547 is a proposal for a Council decision on the conclusion of an agreement between the European Community and the United States of America on trade in wine. The lead Department is the Department of Agriculture and Food. At the previous meeting of this sub-committee, COM (2005) 519 was considered and it was determined that the proposal from the Commission concerning a memorandum of understanding between the Community and the USA concerning the trade in wine did not warrant further scrutiny. This proposal concerns the conclusion of the actual agreement on the trade in wine between the Community and the USA. Under the agreement, the USA recognizes 17 EU wine names, such as Chianti and Burgundy and the US will be permitted to use certain EU wine expressions, such as "château" and "classic". The Commission's memorandum to the proposal outlines the significance in trade in wine for the Community and, therefore, the importance of agreements such as this one in further facilitating trade. It is indicated, for example, that Community exports of wine to the United States during 2004 amounted to €1.842 billion.

Since the circulation of the documentation to members, I understand that the committee on European affairs within the French National Assembly has made its reservations known with respect to this matter. I understand that the Department has been asked for observations on this document and these will be circulated when available. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

It would appear that in a few years time, global warming will mean that wine can be produced in County Cork and the south of France will have become a desert.

Wine is already produced in Mallow.

Château Mallow.

Longueville House. They have everything in County Cork, except the all-Ireland football championship.

COM (2005) 550 is a proposal for a regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of granular resin originating in Russia and the People's Republic of China. The lead Department is the Department of Enterprise, Trade and Employment. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No adopted measures or early warning notes were received for this meeting. Minutes of the meeting of 17 November 2005 have been circulated. Are they agreed? Agreed.

The draft 57th and 58th reports of the sub-committee have been circulated. I propose that the reports be forwarded to the Joint Committee on European Affairs for agreement to lay before both Houses along with appendices. Is that agreed? Agreed.

No correspondence has been received by the sub-committee.

Do we have any tracking system for the length of time other committees take to respond or express an opinion once we send regulations to them?

Yes, there is a tracking system. They report back to the secretariat.

Does the Chairman have any reason to be unhappy with the work of other committees?

As no report has been brought to my attention, I presume the secretariat is satisfied.

The joint committee went into private session at 10.10 a.m. and adjourned at 10.20 a.m. until 9.30 a.m. on Thursday, 15 December 2005.

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