JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Wednesday, 20 Sep 2006

Scrutiny of EU Proposals.

Chairman

The first matter concerns proposals warranting further scrutiny, namely, Nos. 1.1 to 1.12 on today's agenda. No. 1.1 is COM (2006) 399, a proposal for a Council regulation amending Regulation (EC) No. 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters. The lead Department is the Department of Justice, Equality and Law Reform and the Office of the Attorney General also has an interest in this matter.

The Commission's memorandum to this proposal states that it views the harmonisation of conflict of law rules as facilitating the mutual recognition of judgments. In this regard, the Commission presented a Green Paper regarding the applicable law and jurisdiction in divorce matters. That paper was considered by the Sub-Committee on European Scrutiny in April 2005 and was forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information and consideration. The Commission had sought views before September 2005.

The Department's note underlines that the harmonisation of the laws of the member states in respect of divorce and legal separation is not at issue in this proposal. However, the proposal which sets out the procedures to be followed in determining jurisdiction warrants further scrutiny in respect of the potential of the adopted proposal to undermine existing national measures for member states with significant non-national populations. I understand the particular arrangements in place in respect of judicial co-operation for Denmark, Ireland and Great Britain appear to greatly reduce any subsidiarity concerns. Ireland and Great Britain have the option to take part in the proposed process. The Department had been asked to outline its views on both of these principles. I understand the additional note provided by it has been circulated. However, it appears to add little of its own perspective on the proposal in respect of subsidiarity and proportionality. It is, therefore, proposed that the proposal be referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for further scrutiny. It is additionally proposed that it be forwarded for information to the Joint Committee on Social and Family Affairs. Is that agreed? Agreed.

The next item is COM (2006) 288, a Council decision authorising member states to ratify, in the interests of the European Community, the 2006 consolidated maritime labour convention of the International Labour Organisation, ILO. The consolidated maritime labour convention of the ILO was adopted in February. The Commission's memorandum sets out that the process of consolidation had been fully under way since 2001 and aimed to set simple and clear minimum standards in the maritime industry. The importance of this action is underlined by the importance of the sector for world trade. The ultimate aim of the 2006 convention is to achieve and maintain a level playing field in the shipping industry by fostering the promotion of decent living and working conditions for seafarers and fairer competition. The Department of Communications, Marine and Natural Resources indicates that the convention will apply to all sea-going vessels, with the exception of fishing vessels, vessels of traditional build and naval service vessels. It is possible for the convention to apply only to vessels over 200 gross tonnes, after social consultation. If this were the case, the convention would apply to approximately 40 Irish vessels. It is proposed that the proposal be referred for further scrutiny to the Joint Committee on Social and Family Affairs, given the highlighted likelihood that the Department of Social and Family Affairs would be required to advance related legislation before Ireland could ratify the convention. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Transport, the Joint Committee on Enterprise and Small Business and the Joint Committee on Communications, Marine and Natural Resources. Is that agreed? Agreed.

The next item is COM (2006) 364, an amended proposal for a Council decision concerning the Seventh Framework Programme of the European Atomic Energy Community, EURATOM, for nuclear research and training activities from 2007 to 2011. The committee has considered the nuclear research and training elements of the proposed framework programme on a number of occasions since June 2005, which on each occasion have been referred for further scrutiny by the Joint Committee on Environment and Local Government. The Department of the Environment, Heritage and Local Government has outlined that Ireland does not support or engage in nuclear energy generation, as it is not considered that this form of energy provides a safe, sustainable or viable energy source. It indicates that its main task in respect of such EU research activities is to maximise expenditure in the area of safety and controls. The amended proposal takes account of textual changes proposed by various institutions and accepted by the Commission. The Department indicates that it views these changes as not changing the aim of the proposal. One addition advocates "a multi-annual campaign ... to inform politicians and the general public about nuclear energy in order both to promote a fact-based debate and to facilitate informed decision-making". It is proposed that the amended proposal be referred for further scrutiny to the Joint Committee on Environment and Local Government in the context of its consideration of earlier proposals referred by the scrutiny committee, namely, COM (2005) 119, COM (2005) 444 and COM (2005) 445. Is that agreed? Agreed.

The next item is COM (2006) 382, a proposal for a regulation of the European Parliament and the Council on roaming on public mobile networks within the Community, amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services. The Commission contends that the ability of customers of electronic communications services to use their mobile handsets to make and receive calls while travelling abroad is an important component of the service which contributes to the social and economic welfare of the Community as a whole. The aim of the proposal is to provide the necessary legal basis for effective and timely action to bring about substantial reductions in the price of mobile roaming services when travelling in the Community. This would be achieved through setting maximum price limits for the provision of such services. The current draft sets the maximum retail cost at 130% of the wholesale cost. Is this not high? Whether it is excessively generous appears to require further scrutiny. It also fails to take account of the tariff set at the wholesale cost level. The Department is of the view that the proposed measure, as drafted, would have a limited impact for Irish users, owing to market moves to address the more extreme examples of the roaming charges regime in Britain and Ireland. It is proposed that this significant proposal be referred to the Joint Committee on Communications, Marine and Natural Resources for further scrutiny. Is that agreed? Agreed.

Deputy Kirk

When items are referred to the other committees, do they refer to this one?

Chairman

They report back with a recommendation.

COM (2006) 495 is a proposal for a Council regulation repealing the anti-dumping duty on imports of synthetic staple fibres of polyesters originating in Australia, India, Indonesia and Thailand; terminating the proceedings in respect of such imports, following expiry reviews pursuant to Article 11(2) of Council Regulation (EC) No 384/96, and terminating the partial interim review pursuant to Article 11(3) of such imports originating in Thailand. Following an investigation of the market by the Commission, the proposal aims to end the duty in place on certain synthetic fibres. The Department's note had indicated that there was an "Irish producer interest", but offered no further details. The previous early warning note from the Department also failed to indicate any concern in Ireland regarding the investigation. The Department was, I understand, requested to provide some additional background information on these issues and has now indicated that the company concerned is Wellman International, Kells, County Meath. It is proposed that the proposal be referred for further scrutiny to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

COM (2006) 472 is a proposal for a Council regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam. As members may recall, the sub-committee previously considered the matter of an anti-dumping duty on certain footwear at its meeting on 8 June. The proposal has been the subject of some discussion across the European Union, but particularly in member states where producer interest is low such as in Ireland and where the most direct impact of the imposition of such a duty would generally be an increase in the retail price of the product concerned. The Commission had decided to impose a provisional duty of 19.4% in the case of the People's Republic of China and 16.8% in the case of Vietnam. The duties that would be applied in the definitive measure are slightly lower at 16.5% and 10%, respectively, which would apply to both adults' and children's shoes. The decision in respect of the imposition of a definitive duty will be made by the Council of Ministers. The sub-committee referred the earlier measure for further scrutiny to the Joint Committee on Enterprise and Small Business. Members will also have seen that the Department's note underlines that the Commission pushed ahead with this proposal, despite a majority of member states indicating their opposition to such a measure. It is proposed that this significant matter be referred for further scrutiny to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

COM (2006) 690 is a proposal for a Council framework decision on the organisation and context of the exchange of information extracted from criminal records between member states.

In April 2005, the scrutiny committee considered the Commission's White Paper on exchanges of information on convictions and the effect of such convictions in the European Union. That paper was forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for its information and consideration in the context of Ireland's limited ability to share such information, having no centralised register.

The current proposal aims to build on the November 2005 Council decision and to deepen the information sharing system. The current proposal provides, inter alia, for a central authority for information sharing in the member state, member states to inform one another of convictions, each member state to register the convictions of its nationals and the establishment of an electronic system for sharing information. It is proposed that the proposal be referred for further scrutiny to the Joint Committee on Justice, Equality, Defence and Women’s Rights.

Deputy Kirk

Are we talking about the establishment of a database for the Community area, a place of reference for each member state?

Chairman

That is correct. Unfortunately, we do not have a centralised register. Perhaps the Minister for Justice, Equality and Law Reform, Deputy McDowell, will turn his attention towards that matter, as he has responsibility for it.

Deputy Kirk

Obviously, he will if this proposal is adopted.

Chairman

Is that agreed? Agreed.

COM (2006) 78 is a proposal for a Council decision concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of oilseed rape products genetically modified for tolerance to the herbicide glufosinate ammonium. This proposal is another example of where it has not been possible for the Commission to find sufficient support within the committee system for a proposal to place on the market a genetically modified product. In recent years, the scrutiny committee has considered quite a number of proposals from the Commission and has referred them for further scrutiny, given the level of public apprehension in respect of GM products.

It is proposed that the proposal be referred for further scrutiny to the Joint Committee on the Environment and Local Government. It is also proposed that the proposal be forwarded for information to the Joint Committee on Agriculture and Food, given the proposed use of the products concerned in animal feed. Is that agreed? Agreed.

COM (2006) 82 is a proposal for a Council decision on the conclusion, on behalf of the European Community, of the United Nations Convention Against Corruption. Under that convention, it is open to both states and regional integration organisations such as the EC to sign the convention. This proposal seeks approval from the Council for the Commission to conclude the UNCAC and to become a party to the convention.

The Department of Justice, Equality and Law Reform indicates that it is consulting on the implications of the convention for Ireland and whether its adoption will result in the need for further national legislation in this area. The convention concerns both private and public corruption and aims to provide a comprehensive legal framework in the important fight against corruption. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.

COM (2006) 388 is a proposal for a regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market. The stated purpose of the proposed regulation is to improve the functioning of Directive 91/414/EEC concerning the placing of plant protection products on the market.

The Commission's memorandum to the proposal indicates that the proposal for a new regulation in this area follows a report suggesting areas where relevant European legislation could be improved. This is a substantial proposal and the Department of Agriculture and Food has set out the main points of the implications for Ireland as increased reporting requirements for farmers, a lengthening in the time for authorisations that would result in an erosion of the competitiveness of European agriculture and a restriction on data protection that would also result in negative consequences for the sector. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Agriculture and Food. Is that agreed? Agreed.

COM (2006) 340 is a proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feeding stuffs. Following concern within the feed industry about a 2002 directive and the Court of Justice's decision regarding respect for the principle of proportionality, the Commission is proposing here to amend the feeding stuffs labelling provisions. The court found that the obligation to inform customers, on request, of the exact quantitative composition of compound feeding stuffs could not be justified and went beyond what is necessary to attain public health objectives. It also found that the requirement to list each feed material in descending order of inclusion was procedurally valid. It is proposed that the proposal, which will have implications for the agriculture sector in Ireland, should be forwarded for further scrutiny by the Joint Committee on Agriculture and Food. Is that agreed

Deputy Kirk

This refers to compound feedstuffs as distinct from feedstuff inputs that come into this country and the Community area. I assume the proposal relates to the end product rather than the component parts of the end product.

Chairman

Yes.

Senator Callanan

My point is somewhat similar. Animal feedstuff will be extremely important in the future in terms of animal welfare and food production efficiency levels. It is essential that we know what the compounds are. I have some doubts about this proposition but I will address these at another forum.

Chairman

The sectoral committee will deal with the detail. COM (2006) 396 is a proposal for a regulation of the European Parliament and of the Council on common rules for the operation of air transport services in the Community. The Commission contends that unless the current arrangements under the 1992 liberalisation of air transport services for granting and evoking licences are amended, the high failure rate among market entrants will continue, with the risk of leaving passengers stranded. The Commission states that there is currently a lack of price transparency that gives rise to possible confusion with respect to the inclusion or not of all taxes and charges in air fares.

The proposal requires member states to reinforce the supervision of the operating licence and to suspend or revoke it when requirements are not met. Furthermore, the proposal would provide, in cases of inaction by a member state, for the Commission to revoke the operating licence.

Under the proposal, air fares would have to include all applicable taxes, charges and fees and air carriers would be required to provide the general public with comprehensive information on their air fares, rates and the conditions attached. The proposed measure provides for the possible further widening of the competencies of the European Safety Agency. It also provides for new leasing rules and for reducing the possibility for member states to resort to public service obligation requirements.

The liberalisation of air services is one of the successes of the European project that is transparent to all. It is an example of Europe working and therefore more than merely a transportation question. It is proposed that the proposal be referred to the Joint Committee on European Affairs for further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Transport, particularly in the context of the importance of safe, low-cost air transport services in and out of Ireland. Is that agreed?

Senator P. Burke

If the public service obligation requirement was removed it would have consequences for Ireland's regional airports. This is being referred to other committees for safety reasons. The public service obligation requirement should be examined by other committees.

Chairman

I agree with Senator Burke. We will emphasise that issue. This regulation would have major implications for Aer Arann and the regional airports.

Senator P. Burke

Will it be referred for examination of the public service element?

Chairman

The Senator's proposal is that it be referred for discussion instead of referring it for information to the Joint Committee on Transport.

Senator P. Burke

Yes, to examine the public service obligation.

Deputy Kirk

To which committee will it be referred?

Chairman

The proposal was to refer it to the Joint Committee on European Affairs for discussion and to the Joint Committee on Transport for information but Senator Burke proposes that it be discussed by the Joint Committee on Transport.

Senator P. Burke

It will be referred to the Joint Committee on Transport on safety grounds but should be also referred in respect of the public service obligation.

Chairman

The Joint Committee on European Affairs can deal with regional issues and we will ensure it does.

Senator P. Burke

I thank the Chairman.

Deputy Kirk

Is the intention to include it on the agenda for a meeting of the full Joint Committee on European Affairs?

Chairman

Yes, that is correct. Is it agreed that the matter be sent to the Joint Committee on Transport for discussion rather than for information? Agreed.

Next on the agenda are Title IV measures and Title VI. Item 2.1 is COM (2006) 84, a proposal for a Council regulation amending Regulation (EC) No. 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of member states and those whose nationals are exempt from that requirement. This is part of the Schengen process in which Ireland does not participate. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item 2.2 is COM (2006) 401, a proposal for a regulation of the European Parliament and of the Council establishing a mechanism for the creation of rapid border intervention teams and amending Council Regulation (EC) No. 2007/2004 as regards that mechanism. The proposed regulation concerns the formulation of lists of officers of national border guard units whom member states are willing to put at the disposal of the European Border Management Agency, FRONTEX, for the purpose of deployment to a requesting member state requiring increased technical and operational assistance at its external borders.

The recent summer saw indications that a number of member states may seek assistance from other member states in tackling migration-related challenges at their external borders. Reports were also made that Ireland was likely to play a greater role in FRONTEX. I understand the Department has therefore been requested to indicate whether the information note provided in mid-August requires updating. Any additional information will be circulated at a later date. The current note sets out that Ireland will not participate in the adoption of this measure and is not bound by its application.

During the summer I read media reports that the Garda Síochána would get involved, which is why, even though the proposal-----

Deputy Kirk

Are only land borders involved or are airports included?

Chairman

It is external entry points to the European Union, which are land borders. Coastal areas such as the Canary Islands would be patrolled.

It is proposed that the proposal does not currently warrant further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.

No. 2.3 is COM (2006) 403, a proposal for a regulation of the European Parliament and of the Council establishing a community code on visas. This is part of the Schengen process in which Ireland does not participate. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposed measure be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information in the context of any consideration of related national measures. Is that agreed? Agreed.

Deputy Kirk

This issue increasingly arises. It may be worthwhile to send it to the full Joint Committee on European Affairs for consideration.

Chairman

It will be sent for information because we are not part of the Schengen agreement, so we do not have a role in it.

Deputy Kirk

Yes.

Chairman

I understand Deputy Kirk's argument but it is a separate issue which could be discussed by the Joint Committee on European Affairs. We will send it for information and members may discuss it at their discretion.

No. 2.4 is COM (2005) 600, a proposal for a Council decision concerning access for consultation of the visa information system, VIS, by the authorities of member states responsible for internal security and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.

This is a part of the common visa policy in which Ireland participates and concerns the conditions under which internal security authorities may access visa-related information. This information would be shared on a reciprocal basis. The data would be accessed by these authorities "in the course of their duties in relation to the prevention, detection, and investigation of criminal offences, including terrorist acts and threats".

This Title IV proposal concerns the participation of Britain and Ireland in this information process and the overall guidelines for the sharing of such information. The guidelines set out, inter alia, that designated national authorities will participate and that data are protected under existing data protection regulations. The Department indicates that there are ongoing discussions on the legal basis for Ireland’s participation in this proposed measure. It is a significant proposal that would warrant further scrutiny by the Committee on Justice, Equality, Defence and Women’s Rights.

CFSP (2006) 29 is the council common position of 23 January 2006, repealing common position 96/184/CFSP concerning arms exports to the former Yugoslavia. Both the common position and the departmental note underline that positive developments in Bosnia and Herzegovina, including legislation on exports, imports and transit of arms that meet appropriate EU standards, mean that it is now justifiable to lift restrictive measures against that state regarding arms exports. It is proposed to note the measure.

Deputy Kirk

Where in the former Yugoslavia? Serbia? The common position refers to arms exports to where?

Chairman

Bosnia and Herzegovina.

CFSP (2006) 518 is the council common position of 24 July 2006 modifying and renewing certain restrictive measures imposed on Liberia. This position follows recent positive developments in Liberia and subsequent United Nations resolutions. It concerns the easing of restrictive measures against Liberia with regard to certain military equipment and imports from Liberia of round logs and timber. It is proposed to note the measure.

CFSP (2006) 523 is the council joint action of 25 July 2006 amending the mandate of the European Union special representative in Bosnia and Herzegovina. It is proposed to note the measure.

CFSP (2006) 607 is the council joint action of 7 September 2006 amending and extending joint action 2005/643/CFSP on the European Union monitoring mission in Aceh, Indonesia. The current joint action extends the mission until 15 December 2006. It is proposed to note the measure.

COM (2006) 330 is a council regulation to amend Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector. There are two elements to this proposal. The first, which the Department emphasises will have no implications for Ireland, allows new member states to alter their management of certain elements of the levy. The second element of the proposal provides for the payment by member states of the milk levy between 16 October and 30 November each year. To date the deadline has been 1 October. The Department has been requested to outline in more detail its understanding of the implications for Ireland of the changes in the date of payment of the levy. It is proposed to defer consideration of the proposal until the Department has provided the requested information.

COM (2006) 316 is a Green Paper on the role of civil society in drugs policy in the European Union. As a background to this paper, the Commission sets out that the worldwide impact of the production and consumption of illicit drugs is one of the gravest problems facing societies and governments today. The object of the Green Paper is to explore the scope for bringing those most directly concerned by the drugs problem more closely into the policy process on drugs at EU level. It is proposed that the paper on this important topic be forwarded for consideration by the Committees on Health and Children, Justice, Equality, Defence and Women's Rights, Education and Science and Environment and Local Government.

COM (2006) 400 is the European Commission Green Paper on conflict in law of matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition. The paper sets out that all property aspects of family law should be examined with regard to matrimonial property regimes and other forms of union, such as registered contracts. The Commission also estimates that there are approximately 170,000 international divorces in the EU every year, which represents 16% of all divorces. The paper attempts to deal with the questions around conflict of rules concerning the validity of contracts and the liquidation and division of property and explores associated issues.

The questions raised with regard to the legal consequences of registered partnerships may require particular attention in those states which do not have such arrangements under national legislation. The arrangements for Britain and Ireland are likely to apply in any subsequent proposal from the Commission. The Commission has set a deadline of 30 November 2006 for reactions from interested parties to its outline views on the way forward for European legislation in these areas.

Deputy Kirk

Am I correct in interpreting this matter as concerning separation and divorce where there is property in different member states?

Chairman

It concerns which jurisdiction would apply in determining the rules on the division of property.

Deputy Kirk

However, it refers to situations where the property of the husband and wife are in different jurisdictions within the EU.

Chairman

I am not an expert on this issue. For that reason, I propose that it be forwarded to the Committee on Justice, Equality, Defence and Women's Rights and the Committee on the Constitution for information and consideration. Is that agreed? Agreed.

Nos. 5.3 to 5.39 warrant no further scrutiny. No. 5.3 is COM (2006) 228, a proposal for a decision of the European Parliament and of the Council creating the Youth in Action programme for the period 2007-13. The existing EU youth programme is due to expire at the end of 2006. The Commission indicates that the evaluation of the programme has been generally positive, while also suggesting some improvements. This amended proposal of an earlier draft, COM (2006) 471, which was referred to the Committee on Education and Science, follows from amendments and modifications advanced by the European Parliament and Council. The amendments adopted by the Commission include those making reference to equality, anti-discrimination, linguistic diversity and disabilities and underline the focus of the programme on those aged 15 to 28. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposal be forwarded for information to the Committee on Education and Science. Is that agreed? Agreed.

No. 5.4 is COM (2006) 237, a proposal for a Council regulation amending Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development. While the adoption of the measure would have no direct implications for Ireland because Ireland does not qualify under the convergence criteria, it is an example of where rural development support has been fixed at the EU level and therefore may be of interest to the Committee on Agriculture and Food. It is proposed that the proposed measure be forwarded for information to that committee. Is that agreed? Agreed.

No. 5.5 is COM (2006) 244, a proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No. 1073/1999 concerning investigations conducted by the European Anti-Fraud Office. As members will be aware, the European Anti-Fraud Office, OLAF, is tasked with conducting administrative anti-fraud investigations and is conferred with independent status. Evaluations of the effectiveness of OLAF have been positive, according to the Commission, but have suggested certain improvements. It is suggested that the proposed advances will lead to operational improvements. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Committee on Finance and the Public Service. Is that agreed? Agreed.

No. 5.6 is COM (2006) 258, a proposal for a Council directive laying down minimum standards for the protection of calves. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.7 is COM (2006) 264, a proposal for a Council regulation laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No. 1782/2003. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.8 is COM (2006) 273, a proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Committee on Agriculture and Food. Is that agreed? Agreed.

COM (2006) 324 is a proposal for a Council decision granting a Community guarantee to the European Investment Bank against losses under loans and guarantees for projects outside the Community and COM (2006) 419 is a proposal for a Council decision granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community, that is, areas in central and eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa. It is currently proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Deputy Kirk

I take it these are aid projects.

Chairman

It refers to investment banks, so they would be investment projects.

Deputy Kirk

In the Third World, under the general aid programme?

Chairman

They refer to loan guarantees to the investment banks. It refers to loans given under special, generous conditions to the countries specified to develop their infrastructural investment.

COM (2006) 284 is a proposal to undertake a codification of the Council decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in member states. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

It is proposed that COM (2006) 341 and COM (2006) 370 do not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 354 is a proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide. At the core of the regulation would be the provision of financial assistance based on strategy papers and annual action programmes. The Commission would be assisted in achieving the goals of the regulation by a management committee of representatives of the member states. The Commission sets out that financing under the proposed regulation would include studies, meetings, information, training and publication activities. Civil society, NGOs, international and regional organisations, and natural persons would be eligible for support. It is proposed that the proposal does not warrant further scrutiny, but that the proposed measure be forwarded for information to the Committee on Foreign Affairs for the particular attention of the sub-committee on human rights. Is that agreed? Agreed.

COM (2006) 361 is a proposal for a Council regulation amending Council Regulation (EC) 1207/2001 as regards the consequences of the introduction of the system of pan-Euro-Mediterranean cumulation of origin. The Department views the proposal as purely technical, the adoption of which would have no negative implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 363 is a proposal for a Council regulation concerning the conclusion of the partnership agreement between the European Community and the Republic of Cape Verde. The agreement provides for a limited number of fishing licences being made available to vessels from EU member states and the provision by the EU of financial assistance amounting to €385,000 per annum for a period of five years. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 365 is a proposal for a Council decision on the position to be adopted on the EU-Lebanon action plan. The action plan sets out perspectives and priorities for an upgrade in the scope and intensity of political co-operation and the taking of measures in Lebanon to improve business conditions. 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 European Affairs. Is that agreed? Agreed.

COM (2006) 353 is a proposal for a Council regulation repealing Council Regulation (EC) 7/2005 adopting autonomous and transitional measures to open a Community tariff quota for certain agricultural products originating in Switzerland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Deputy Kirk

As a matter of interest, what are the products?

Chairman

We will provide a list later.

COM (2006) 377 is a proposal for a Council decision on the conclusion of a protocol amending the stabilisation and association agreement between the European Communities and member states, on the one part, and the Republic of Croatia, on the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community. This proposal takes account of new arrangements agreed between the Commission and Croatia on a duty-free quota for sugar and would provide for a duty-free tariff quota for EC imports of 180,000 tonnes of sugar from Croatia and for preferential treatment by Croatia of 80,000 tonnes of such exports from the EC. The Department is of the view that the adoption of the proposal would have no implications for Ireland.

We have been closing down our sugar factories and here we have importation from Croatia. Does it warrant further scrutiny? I am told it is part of the liberalisation of trade between the EU and Croatia and other Balkan countries and it does not refer to the sugar regime within the Community. I am advised that we should send this proposal to the Joint Committee on Agriculture and Food to ascertain its views. Is that agreed? Agreed.

Deputy Kirk earlier asked what were the commodities involved in COM (2006) 353. It regards witloof chicory from Switzerland. I am as wise as the Deputy as to what exactly this is.

Deputy Kirk

I take it huge volumes are not coming in.

Chairman

No. I am told it is like lettuce. I am learning every day.

COM (2006) 383 is a proposal for a Council regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System. This is a proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System. The Schengen Information System is intended to facilitate the application of the provisions of the convention. In that context, it provides for the electronic exchange of information between the participating countries via a central system. Various delays mean the Commission is here proposing approval of a new date, 31 December 2007, for the finalisation of the new system. The proposal also concerns the location of elements of the system in Strasbourg and Salzburg.

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 Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.

COM (2006) 386 is a proposal for a Council decision on Community strategic guidelines on cohesion for the years 2007 to 2013. It is proposed that the proposal be forwarded to the Joint Committee on Finance and the Public Service in the context of the guidance the adopted document would have on priority themes for investment by member states. Is that agreed? Agreed.

COM (2006) 393 is a proposal for a Council regulation amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia and repealing Regulation (EC) No 1030/2003. This proposal follows the related UN decisions and, inter alia, concerns easing restrictions on the provision of certain military assistance to Liberia. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 394 is a proposal for a Council regulation on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their member states, of the one part, and the Republic of Albania. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 339 is a communication from the Commission on the implementation of the Hercule programme and its extension during the period 2007 to 2013. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 422 is a proposal for a Council decision on the signature and conclusion of the Scientific and Technological Co-operation Agreement between the European Community and the Republic of Korea. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 445 is a proposal for a Council regulation amending Regulation (EC) No 817/2006 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004. This proposal concerns a technical amendment to the existing measures to ensure all restrictive measures will be legally covered in European legislation. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

SEC (2006) 996 is a preliminary draft amending budget No. 5 to the general budget for 2006 — general statement of revenue. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 470 is a proposal for a Council regulation imposing a definitive anti-dumping duty on imports of certain plastic bags and sacks originating in the People's Republic of China and Thailand and terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia. It is proposed that the proposed measure does not currently warrant further scrutiny. However, given the widespread use of the product concerned in enterprises, it is proposed that it be forwarded for information to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

COM (2006) 343 is a proposal for a Council decision authorising the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

COM (2006) 438 is a proposal for a Council regulation temporarily withdrawing access to the generalised tariff preferences from the Republic of Belarus. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 456 is a Council decision on the application of certain guidelines in the field of officially supported export credits. It is proposed that the proposal does not warrant further scrutiny but that it be referred to the Joint Committee on Enterprise and Small Business in the context of proposed changes in the external environment. Is that agreed? Agreed.

COM (2006) 471 is a proposal for a Council regulation amending Regulation (EC) No. 1676/2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate film originating in India and the Republic of Korea. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 420 is a Council decision on the signature on behalf of the Community and Council decision on the conclusion of an additional protocol to the European agreement establishing an association between the European Communities and their member states, on the one part, and Romania, on the other part, on conformity assessment and acceptance of industrial products. It is proposed that the proposal does not warrant further scrutiny but that it be referred to the Joint Committee on Enterprise and Small Business in the context of the possible increase in market penetration by Romanian products. Is that agreed? Agreed.

COM (2006) 250 is a proposal for a Council decision on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 315 is a proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 411 is a regulation establishing a multi-annual plan for cod stocks in the Baltic Sea and the fisheries exploiting those stocks. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 433 is a proposal for a Council regulation amending Council Regulation (EC) No. 639/2004 on the management of fishing fleets registered in the Community outermost regions. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 448 is a proposal for a Council regulation repealing Council Regulation No. 2040/2000 on budgetary discipline. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 233 is a proposal for a Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products. The Department has set out in an additional information note that the proposal is of minor significance, as the proposed changes concern the administration, not the substance, of market support. It is proposed that the proposal does not warrant further scrutiny but that it be referred for information to the Joint Committee on Communications, Marine and Natural Resources. Is that agreed? Agreed.

Adopted measures are Nos. 6.1 to 6.5 on the agenda. COM (2006) 439 is a proposal for a Council regulation amending Regulation (EC) 1470/2001 imposing a definitive anti-dumping duty on imports of integrated electronic compact fluorescent lamps originating in the People's Republic of China. It is proposed to note the measure. Is that agreed? Agreed.

COM (2006) 426 is a proposal for a Council regulation amending Regulation (EC) 367/2006, which relates to imports of polyethylene terephthalate film originating, inter alia, in India. It is proposed to note the measure. Is that agreed? Agreed.

COM (2006) 436 is a proposal for a Council regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain side-by-side refrigerators originating in the Republic of Korea. The measure concerns the imposition of anti-dumping measures on certain large refrigerators imported from the Republic of Korea. The earlier indication from the Commission was that the measures could have included a wider range of large refrigerators. The complaint to the Commission with respect to dumping was made by Whirlpool, which has a back-office operation in Ireland. It is proposed to note the measure. Is that agreed? Agreed.

COM (2006) 442 is a proposal for a Council regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of chamois leather originating in the People's Republic of China. Is that agreed? Agreed.

COM (2006) 415 is a proposal for a Council regulation imposing a definitive anti-dumping duty on imports of silicon carbide originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) 384/96, and terminating the investigations concerning the anti-dumping measures applicable to imports of silicon carbide originating in the Russian Federation and Ukraine. It is proposed to note the measure. Is that agreed? Agreed.

There are a number of early warning notes. EWNC197-02 is a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyethylene terephthalate film originating in India. EWNC202-09 is a notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate film originating in India. It is proposed that the proposals do not currently warrant further scrutiny. Is that agreed? Agreed.

The minutes of the previous meeting of 19 July 2006 were circulated. Are they agreed? Agreed.

The next item is the reports of the sub-committee. The 70th draft report has been circulated. I propose that the report be forwarded to the Joint Committee on European Affairs for agreement to lay it before both Houses along with appendices. Is that agreed? Agreed.

The following items of correspondence were received by the sub-committee. The first five items of correspondence, as indicated below, were circulated to members. The items of correspondence received are as follows: a letter from the Tánaiste; a cover letter from the Department of Foreign Affairs; a letter from the criminal law reform division of the Department of Justice, Equality and Law Reform; a letter from the European Union affairs and competitiveness section of the Department of Enterprise, Trade and Employment; a letter from the criminal law reform division of the Department of Justice, Equality and Law Reform; further information on COM (2006) 495; correspondence received in relation to COM (2006) 399; and further information on COM (2006) 226.

As I stated, some of these items of correspondence were circulated. In regard to No. 1, it is proposed to forward the letter from the Tánaiste to the Joint Committee on European Affairs for information and consideration of the significant issues raised. In regard to No. 2, it is proposed to note the correspondence. In the case of No. 3, it is proposed to note the correspondence and forward it to the Joint Committee on Justice, Equality, Defence and Women's Rights for its information. In regard to No. 4, it is proposed to thank the Department for its letter and underline the wish that annual leave not impact on the provision of notes for this sub-committee. In regard to No. 5, it is proposed to note the correspondence. In regard to No. 6, it is proposed to thank the Department for the correspondence and to again request that the sub-committee be informed of significant developments subsequent to the submission of early warning notes. It is proposed to thank the Department for the correspondence received on COM (2006) 399 and to request it to provide its views on the principles of subsidiarity and portionality. It is also proposed to note the correspondence received on COM (2006) 226.

It has been proposed that the next meeting take place on Thursday, 12 October at 9.30 a.m. Is that agreed? Agreed.

There were 67 items listed for this meeting, some of which were complex and detailed. It is grand for us to come here to deal with them, but there was a considerable amount of work done by the secretariat during the holiday period. On behalf of the joint committee, I thank it for the detailed preparatory work done and again raise the issue of resources for the committee, a matter with which we will deal at the next meeting.

The sub-committee adjourned at 2 p.m. until 9.30 a.m on Thursday, 12 October 2006.