The first matter is proposals warranting further scrutiny. Nos. 1.1 to 1.5 are proposed for further scrutiny. No. 1.1 is COM (2005) 586, a proposal for a directive on compliance with flag state requirements. This proposal, as set out in the Commission's memorandum, is being advanced in a rapidly evolving international and European context of states' responsibilities for implementing international conventions on maritime safety and pollution. This is particularly the case for members of the International Maritime Organisation, IMO. The purpose of this proposed directive is to require member states to implement the relevant IMO conventions and to harmonise the interpretation of the IMO conventions.
The Department's note indicates that it welcomes this initiative by the Commission, as it will assist in improving the implementation of safety measures on a consistent basis by all member states in respect of their own ships, and ships flagged outside the Union trading into EU ports. The Department however indicates that an assessment of the resource implications of the adoption of the proposal will be required. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Transport and that the proposal be forwarded for information to the Joint Committee on Communications, Marine and Natural Resources. Is that agreed? Agreed.
No. 1.2 is COM (2006) 154, a proposal for a Council regulation concerning the use of alien and locally absent species in aquaculture. Aquaculture is, as set out in the Commission's memorandum to this proposal, a fast-growing sector, where innovation and new outlets are being explored. To adapt production to market conditions, the memorandum continues, it is important that the aquaculture industry should diversify the species reared.
In an effort to be what the Commission describes as "prudent" about the potential threats to ecosystems posed by alien species, the Commission proposes that a new framework be established for governing aquaculture practices on alien and locally absent species. Under the proposed system, industry would be required to make an application to a competent national authority for species transfers. It would be for the member states, such as Ireland, to designate a national competent authority to oversee this work.
It is set out that discussions on the proposed measure have yet to start and that one of the issues for discussion in working group will be the associated cost of the adoption of the measure. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Communications, Marine and Natural Resources, particularly on the costs of the proposed system for governing alien and locally absent species in aquaculture. Is that agreed? Agreed.
No. 1.3 is COM (2006) 171, an amended proposal for a directive laying down the rules on nominal quantities for pre-packaged products. In December 2004, the committee first considered the issue of amended rules on nominal quantities for pre-packed products. The committee in January 2005 again considered the related proposal, COM (2005) 708, and determined that the proposal at that stage did not require further scrutiny, given that the Department had indicated that consultations were then taking place with interested parties.
The starting point of the proposal was the Commission's understanding that member states "must accept on their market products legally produced and marketed in another member state". In addition, the Commission proposed to maintain the current provisions on the pack sizes of products put in aerosols contained in Directive 75/324/EEC. The Commission argued that aerosol sizes and filling levels are dictated by assurances of safety.
This amended proposal follows from the Commission accepting a number of amendments adopted by the European Parliament with respect to COM (2005) 708. Inter alia, the amended proposal clarifies that the rules on fixed nominal quantities do not apply to sales in duty free shops; replaces the 20-year sunset clause by a clause asking the Commission to review the measure; removes aerosols from the proposal and adds sizes to the range of spirit drinks. It is proposed that this significant proposal for industry and consumers be referred for further scrutiny by the Joint Committee on Enterprise and Small Business. It is also proposed that the measure be forwarded to the Joint Committee on Agriculture and Food for information. Is that agreed? Agreed.
No. 1.4, COM (2006) 176, is a proposal for a Council regulation amending Regulation (EC) No. 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products. The proposal concerns the amendment of the current list to reflect the decisions taken with regard to the requests by companies in the member states. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the Department be once again requested to provide the information concerning applications for autonomous Community tariff quotas when submitting relevant information notes. Is that agreed? Agreed.
No. 1.5, COM (2005) 505, is an additional item circulated today. It is a proposal for a directive establishing a framework for Community action in the field of the marine environmental policy. The Commission sets out in its memorandum that the marine environment, is faced with a number of threats, including loss or degradation of biodiversity and changes in its structure, loss of habitats, contamination by dangerous substances and nutrients and the impact of climate change.
The aim of this proposed framework directive is to put in place a systematic strategy to address the challenges the marine environment faces, with a view to achieving an improved marine environment by 2021. The note from the Department of the Environment, Heritage and Local Government indicates that it welcomes the proposal, particularly as it recognises the importance of radioactive materials. However, it expresses some concern that nuclear discharges and emissions are not covered by the proposal.
I understand the full implications of any adopted proposal would not become fully evident until the required analysis of the relevant marine areas is carried out. However, it would be expected that the adopted measure would have significant implications for the future of the marine environment. It is proposed that this significant proposal be referred for further scrutiny by the Joint Committee on Communications, Marine and Natural Resources and that the proposal be forwarded for information to the Joint Committee on Environment and Local Government. Is that agreed? Agreed.
No Title IV measures were received for today's meeting. Nos. 3.1 to 3.5 on today's agenda are CFSP measures. No. 3.1 is CFSP (2006) 95, the Council common position renewing restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova. The member states, under the common position, are obliged to take measures to prevent the entry into, or transit through, their territories of the listed members of the Transnistrian leadership. Exemptions to travel bans are permitted for intergovernmental and political dialogue and where travel would be justified on the grounds of urgent humanitarian need. It is proposed to note the measure. Is that agreed? Agreed.
No. 3.2 is CFSP (2006) 300, a Council joint action on the European Union police mission in Kinshasa, Democratic Republic of Congo, DRC, regarding the integrated police mission. The joint action extends the 2005 mission until 31 December 2006 and provides for the reinforcement of the mission in advance of the electoral process in the DRC. The Department's note indicates that Ireland has contributed €75,000 to the operations of the police mission. It is proposed to note the measure. Is that agreed? Agreed.
No. 3.3 is CFSP (2006) 303, a Council joint action extending the European mission to provide advice and assistance for security sector reform in the DRC. It is proposed to note the measure. Is that agreed? Agreed.
No. 3.4 is CFSP (2006 ) 304 a Council joint action on the establishment of an EU planning team, EUPT Kosovo, regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo. It is proposed to note the measure. Is that agreed? Agreed.
No. 3.5 CFSP (2006) 319 is a Council joint action on the European Union military operation in support of the United Nations mission in the Democratic Republic of Congo, MONUC, during the election process. It is proposed to note the measure. It is also proposed that the measure be forwarded for information to the Joint Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.
There are no proposals for deferral. It is proposed that Nos. 5.1 to 5.12, inclusive, do not require further scrutiny. No. 5.1 is COM (2006)111, a proposal for a regulation concerning the phasing in of double hull or equivalent design requirements for single hull oil tankers. In February 2003, the committee considered an earlier initiative on the phasing out of single hull oil tankers, COM (2002)1780. The committee decided at that stage the proposal did not warrant further scrutiny. The original proposal followed from the oil spill caused by the tanker Prestige and included a provision that only double hull tankers shall carry heavy grades of oil and a broader application of assessments of the structural soundness of tankers. The current proposal from the Commission provides that exemptions to the above measures may no longer be availed of. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposal be forwarded for information to the Joint Committee on Transport for information. Is that agreed? Agreed.
No. 5.2 is COM (2006)115, a proposal for a decision on the conclusion of the agreement between the Community and Norway on the participation of Norway in the work of the European monitoring centre for drugs and drug addiction. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.3 is COM (2006)141, a proposal for a decision on the signing of a co-operation agreement on a civil global navigation satellite system between the European Community and its member states and the Republic of Korea. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.4 is COM (2006) 144, a proposal for a Council regulation amending Regulation (EC) 51/2006, concerning blue whiting and herring. This proposal seeks approval for the implementation by the European Union of an agreement with the authorities of the Faroe Islands concerning limited mutual access to fishing zones. The note from the Department of Communications, Marine and Natural Resources indicates that Ireland is taking advantage of this opportunity in respect of herring and that a similar interest has been expressed in respect of whiting. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposal be forwarded to the Joint Committee on Communications, Marine and Natural Resources for information in the context of the possible additional interest in licences to fish in the waters of the Faroe Islands. Is that agreed? Agreed.
No. 5.5 is COM (2006) 149, a proposal for a regulation adapting Regulation (EC)1698/2005 on support for rural development by the European agricultural fund for rural development by reason of the accession of Bulgaria and Romania to the European Union. This proposal on Bulgaria and Romania, which the Commission's memorandum underlines has no financial implications for the Community budget, concerns the extension of the provision applicable to the EU ten, in order that the average financial contribution of 2.5% of the rural development programme funding can be designated for the Leader axis. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposal be forwarded for information to the Joint Committee on Agriculture and Food. Is that agreed? Agreed.
No. 5.6 is COM (2006) 152, a proposal for a Council decision adapting the Act of Accession of Bulgaria and Romania as regards rural development. In order to ensure compatibility between amended EU legislation and the Act of Accession of Bulgaria and Romania to the European Union, this proposal concerns the amendment of the Act of Accession to reflect the relevant changes in EU legislation. The amended legislation pertains to the Leader programme and other agricultural measures. The Department of Foreign Affairs has been requested to indicate if the amendment of the Act of Accession has any implications for the national ratification process. This information will be circulated later today. It is proposed that the proposal itself does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.7 is COM (2006) 162, a proposal for a Council regulation amending Council Regulation (EC) 2667/2000 on the European Agency for Reconstruction. I understand that the Commission reported in December 2005 that the agency has been successful and efficient overall in delivering reconstruction assistance in the western Balkans. That report, COM (2006) 710, also states that the agency has been an efficient and flexible tool for delivering assistance. However, the Commission concludes that differentiation between the countries in the western Balkans in terms of aid mechanisms sends blurred signals to the countries of the region. This proposal seeks approval for the continuation of the agency until December 2008 and to gradually phase out the activities of the agency in respect of Community assistance for reconstruction, development and stabilisation in the western Balkans. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.8 is COM (2006) 166, a proposal for a decision concerning the conclusion of consultations with the Islamic Republic of Mauritania. I understand the transitional Government in Mauritania has set out undertakings that constitutional democracy will be restored by the end of May 2007. An enhanced political dialogue will be conducted with the Mauritanian Government over an 18-month monitoring period. In view of these developments, the Commission is proposing that the consultations started following the 2005 coup be concluded. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.9 is COM (2006) 190, a proposal for a Council regulation concerning restrictive measures against President Lukashenko and certain officials of Belarus. The committee in its previous meeting considered Common Position 276, which provides for widening the scope of restrictive measures in place on certain officials in Belarus to include, among others, President Lukashenko. The earlier restrictive measures were put in place following the disappearance of four well-known opposition figures in Belarus in 1999 and 2000. The widening of the scope of the restrictive measures follows the recent violent break-up of peaceful demonstrations in Belarus. The restrictions concerned an entry ban on the persons listed. The current proposal concerns the freezing of funds and economic assets of the listed officials. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.10 is COM (2006) 113, a proposal for a decision on the signature and provisional application of the multilateral aviation agreement between the Community and a number of third countries, including Iceland and Norway. Members will have seen that the Department of Transport regards the approval of the proposed agreement as leading to greater opportunities for Irish airlines and potential improvements in safety and security in the third countries. It is proposed that the proposal does not warrant further scrutiny but that the proposed measure be forwarded for information to the Joint Committee on Transport in the context of possible additional opportunities for market access by Ireland-based companies. Is that agreed? Agreed.
Nos. 5.11 and 5.12 were circulated as additional matters. No. 5.11 is COM (2006) 151, a proposal for a decision on the equivalence of the official examination of varieties carried out in Croatia. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
No. 5.12 is COM (2006) 150, a proposal for a decision on the position of the European Community regarding the adaptation to technical progress of Regulation 51 of the United Nations Economic Commission. The proposal concerns the approval of light and heavy duty vehicles with regard to noise emissions and seeks approval for advancement of the Commission position at the UNECE working group in that regard. The period of double testing, at two years, appears somewhat long for what is essentially an experiment. However, the Department of Transport has underlined that the cost of employing the old and new tests in parallel would be low and that Ireland does not have a vehicle manufacturing industry. It is proposed that the proposal does not currently warrant further scrutiny but that the proposal be forwarded to the Joint Committee on Transport for information and that the Department be requested to keep the committee informed of significant developments with regard to the proposal. It is furthermore proposed that the Department be requested to outline what it understands to be the additional costs of running parallel tests. Is that agreed? Agreed.
The next matter on the agenda concerns adopted measures. No. 6.1, COM (2006) 229, which was circulated today as an additional item, concerns Council Regulation (EC) 728/2006 of 15 May 2006. At its meeting of 17 February 2005, the committee considered COM (2004) 822, a proposal for a Council regulation amending and suspending the application of Regulation (EC) 2193/2003 establishing additional customs duties on imports of certain products originating in the United States of America. The current measure adopted on 15 May would also facilitate the resolution of a potentially damaging trade dispute with the United States of America by again delaying the imposition of trade sanctions. This follows positive moves in the USA to address the WTO in compatible elements of its relevant legislation. The Department had been requested to outline the particular significance of the elimination of the grandfathering of the sales and lease contracts for the EU and Ireland. It has now set out that removing grandfathering rights would remove the considerable taxation benefits accruing to US multinationals under the legislation.
It is proposed to note the measure. It is also proposed that the measure be forwarded for information to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.
The next item is an early warning note. No. 7.1 is regulation 134 (2006), a notice of the imposition of provisional anti-dumping measures concerning lever-arch mechanisms used mainly in the stationery sector and originating in the People's Republic of China. It is proposed that the proposal does not warrant further scrutiny at present. Is that agreed? Agreed.
We go, with relief, on to No. 8, the minutes of previous meetings. Minutes of the meetings of 6 and 27 April have been circulated to members. Are they agreed? Agreed.
No. 9 is the draft 66th report of the sub-committee, showing how busy we have been. It has been circulated. I propose that the report be forwarded to the Joint Committee on European Affairs for agreement to lay before both Houses along with appendices. Is that agreed? Agreed.
No. 10 is correspondence received. We received further information on COM (2006) 160, the Internal Market services directive, which the sub-committee referred to the Joint Committee on Enterprise and Small Business for further scrutiny and various other committees for information at our meeting on 27 April. It is proposed to forward this additional correspondence to these committees. Is that agreed? Agreed. We received documentation from the Department of Enterprise, Trade and Employment detailing the list of companies availing of tariff suspensions or quotas relating to No. 1.4 on today's agenda. It is proposed to note this correspondence and ask the Department to provide details of amendments to this list that are requested by Irish suppliers. Is that agreed? Agreed.
I propose that the next meeting of the sub-committee take place on 1 June. This is in three weeks' time because there is a COSAC meeting next week. Is that agreed? Agreed.
The sub-committee adjourned at 9.55 a.m. until 9.30 a.m. on Thursday, 1 June 2006.