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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Thursday, 9 Nov 2006

Scrutiny of EU Proposals.

No. 1.1, COM (2005) 634 is a proposal for a directive on the promotion of clean road transport vehicles. The Commission's memorandum to this proposal outlines some of its recent thinking concerning energy and transport matters. It contends there is a considerable potential for reducing emissions from vehicles. The Commission is of the view that the European vehicle production industry is most likely to react to Community initiatives in this regard. The stated objective of this proposal is to require public bodies and transport operators providing services under concession or permission from a public body to set aside a quota of 25% of their annual procurement of certain vehicles to meet enhanced environmentally-friendly vehicles performance standards. The Department underlines that the Commission's analysis notes that public procurement of buses account for one third of the whole market in these vehicles. The proposal would not extend to cars and other light vehicles. The Department estimates additional procurement costs from the adoption of the measure of between 5% and 15% of the relevant budget.

It is proposed this significant proposal be referred to the Joint Committee on Transport for further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Environment and Local Government. A press release will also be issued on this proposal. Is that agreed? Agreed.

No. 1.2, COM (2006) 79, is proposal for a directive on enhancing supply chain security. Highlighting the threats to transport security in Europe, the Commission's memorandum to this proposal contends measures need to be taken at EU level to ensure security of supply of goods. The Commission is proposing, inter alia, that operators in the supply chain be responsible for their security performance in European freight transport; member states be required to establish a secure operator label that would be awarded to operators; member states have an obligation to establish a national scheme to grant secure operator status; and establishments with secure operator status could benefit from a reduced level of security control.

The status of secure operator would be awarded for three years and would follow the implementation of a documented security management system. The system would operate from the point of production to the point of delivery. The Department's note correctly identifies that the adoption of the proposed measure would have particular implications for geographically peripheral areas of the EU such as Ireland and that "aspects of this proposal could result in a slowing of the movement of Irish goods". Such a scenario could result in cost implications for the economy and consequently this proposal warrants further scrutiny by the sectorial committee.

It is proposed that the proposed measure be referred for further scrutiny to the Joint Committee on Transport. It is also proposed, given the highlighted potential of the proposed measure to impact upon trade between companies in Ireland and markets abroad, that it be forwarded for information to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

There are no Title IV measures for this meeting.

CFSP (2006) 708 is an amending Council joint action extending the European Union Integrated Rule of Law Mission for Iraq. It is proposed to note the measure. Is that agreed? Agreed.

No. 4.1, COM (2006) 581, is a proposal for a decision concerning the conclusion of the agreement between the European Community and the USA on co-ordination of an energy-efficiency labelling programme for office equipment. Energy Star is an international standard for energy efficient equipment. The aim of the current agreement between the USA and the European Community is to set common rules for its effective implementation. This proposal concerns approval for the conclusion of a revised agreement between the two parties. The Department has been requested to provide additional clarification to that already provided. In particular, the Department has been requested to give further background to the implications of the reference in the departmental note that the new agreement with the USA contains "new demanding and innovative energy efficiency criteria".

In particular, the Department has been requested to give further background to the implications of the reference in the departmental note that the new agreement with the USA contains "new demanding and innovative energy efficiency criteria". In that regard, the implications for Ireland of the adoption of that agreement have been also requested. It is proposed to defer consideration of the proposal until the Department has provided further clarification regarding the implications of the adoption of the proposed measure. Members will note that there is a related proposal, COM (2006) 576. Is that agreed? Agreed.

Some 26 proposals have been recommended for no further scrutiny. The first is COM (2006) 275, a Commission Green Paper entitled Towards a Future Maritime Policy for the Union: A European Vision for the Oceans and Seas. The Commission contends in the Green Paper that across the European Union policies on maritime transport, industry, coastal regions, offshore energy, fisheries, the marine environment and other relevant areas have been developed separately. The answer to those challenges, according to the Green Paper, is to bring all interrelated areas together and to "forge a new vision for the management of our relations with the oceans". An exceptionally long period of time has been offered by the Commission for the receipt of observations and suggestions by interested parties on how the ideas advanced in the Green Paper might be incorporated into an integrated maritime policy. That consultation phase is scheduled to end on 30 June 2007.

It is proposed that this significant Green Paper be forwarded for information and consideration to the Joint Committee on Communications, Marine and Natural Resources. It is also proposed that the Green Paper be forwarded for information and consideration to the committees relating to the other Departments involved in the broad range of issues touched on by the Green Paper, as indicated in the departmental note. Is that agreed? Agreed.

We discussed this in plenary session last Wednesday with the director of the Marine Institute. It was notable that on the day the Government made the decision on salmon, when there was such concern about coastal communities, we had difficulty getting a quorum.

The Senator said "we".

I refer to the Joint Committee on European Affairs. Senators Quinn, Ormonde and I — together with Deputy Connolly, as I recall — were present, but there was no one from a coastal community at the meeting. However, a great deal of concern was expressed in the course of the day about coastal communities.

Would they have been aware of the meeting?

Of course, since it was a scheduled meeting of the committee with an agenda that included the Green Paper on marine policy.

I do not inspect the agendas for every sectoral committee.

Yes, but it was still noteworthy. This is the Joint Committee on European Affairs.

Are we agreed? Agreed.

COM (2006) 464 is a proposal for a decision concerning the possible extension of the current international coffee agreement. This proposal from the Commission is seeking approval for the Community to approve any proposal at the International Coffee Council for the extension of the current coffee agreement while issues around a new agreement are negotiated. It is suggested that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

I see that I missed No. 5.2. Perhaps I turned the page when we were talking.

COM (2006) 449 is a proposal for a regulation and a decision concerning the conclusion of the agreement with Uruguay regarding a technical adjustment to tariff quotas for beef, owing to the accession of ten new member states in 2004. In the context of the enlargement of the European Union in 2004, it was necessary to agree new tariff quotas with third countries. This proposal concerns beef imports from Uruguay and I understand that it clarifies the definition of the beef concerned, while retaining the level of the quota.

Members will have noted that the Department has outlined that it views the proposed measure as purely technical and that its adoption would have no implications for Ireland. It is suggested that the proposed measure does not warrant further scrutiny. It is also suggested that the proposed measure be forwarded for information, particularly in the context of the earlier proposal, COM (2006) 455, and the wider issue of the standards set for food imports from outside the European Union. It will go to the Joint Committee on Agriculture and Food. Is that agreed? Agreed.

COM (2006) 469 is a proposal for a decision concerning the extension of the international agreement on tropical timber. As members will have seen from the material circulated, a successor agreement was agreed in 2006 and this proposal concerns the facilitation of the extension of the earlier agreement until the new international tropical timber agreement 2006 can enter force. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 489 is a proposal for an amending regulation concerning reform of the banana sector. The Commission is proposing to reform the system of assistance to the EU banana sector by incorporating payments to producers in mainland member states into the single payment scheme and by directing support in that regard to the "outermost regions" through established structural assistance programmes for those disadvantaged areas. It is suggested that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 500 is a proposal for amending regulations concerning EU energy crop schemes. In 2003, new EU aid for supporting the production of energy crops was introduced. That aid per hectare is €45, for a maximum area of 1.5 million hectares. The Commission reports that the take-up of the scheme, at 38%, is currently short of the maximum permitted and concentrated in France, Germany and Britain. The Commission does, however, also underline that the participation rate continues to grow.

It is proposed here that the scheme be extended to the 2004 accession states and that the maximum area be extended to 2 million hectares. It is also proposed that member states be permitted in certain circumstances to pay national aid in the area. The Department indicates that the availability of such grant aid will facilitate the planting of crops such as willow and miscanthus, also known as tall grass. It is suggested that the proposed measure does not warrant further scrutiny. It is also suggested that the proposed measure be forwarded for information to the Joint Committee on Agriculture and Food and the Joint Committee on Environment and Local Government, particularly in the context of the additional potential to develop energy crops. Is that agreed? Agreed.

I propose to take Nos. 5.7 and 5.8 together. COM (2006) 505 and COM (2006) 506 are proposals for a decision and a regulation on the provisional application and conclusion of the fisheries partnership agreement between the European Community and the Islamic Republic of Mauritania. The current proposals follow the negotiation of a new framework fisheries agreement with Mauritania. The framework agreement aims to strengthen co-operation between the two parties in the areas of fisheries policy. The agreement also makes provision for an annual financial contribution of €86 million by the Community and for fisheries opportunities for Community vessels.

The Department states that there is an opportunity for Irish vessels and that those vessels participating in the scheme will be required to have a licence and pay a fee to the Mauritanian authorities. The financial contribution to the Mauritanian authorities would be used, inter alia, for assisting in the implementation of a Mauritanian national fisheries policy based on responsible fishing and on sustainable exploitation of fisheries resources in Mauritanian waters. It is suggested that the proposed measures do not warrant further scrutiny. It is also suggested that the proposed measures be forwarded for information to the Joint Committee on Communications, Marine and Natural Resources, particularly in the context of indicated Irish interest in fishing in Mauritanian waters. Is that agreed? Agreed.

COM (2006) 518 is a proposal for a decision concerning approval for EURATOM's accession to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities. EURATOM is currently a party to the 1987 Convention on the Physical Protection of Nuclear Material, CPPNM. Following a conference in 2005, that convention was amended to encompass nuclear facilities. The Department indicates that Ireland was "proactive in supporting" the initiative. It is suggested that the proposed measure does not warrant further scrutiny. It is also suggested that the proposed measure be forwarded for information to the Joint Committee on Environment and Local Government. Is that agreed? Agreed.

COM (2006) 521 is a proposal for a directive adapting certain directives in the field of the free movement of goods, by reason of the accession of Bulgaria and Romania. It is suggested that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 522 is a proposal for a directive adapting certain directives in the field of taxation by reason of the accession of Bulgaria and Romania. This legislation concerns taxation and relates primarily to the listing of Bulgarian and Romanian rates and taxation agencies. It is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.12, COM (2006) 526, is a proposal for a directive adapting certain directives in the field of freedom to provide services by reason of the accession of Bulgaria and Romania. The aim of this proposal is to amend European Union legislation following the conclusion of the act of accession of Bulgaria and Romania. This is to make the technical amendments to these items of legislation necessitated by the accession of these two states. The legislation concerns, inter alia, the provision of insurance services in the two states concerned and the rest of the European Union. This, I understand, will facilitate the opening of the respective markets to new entrants from these areas.

It is proposed that the measure does not warrant further scrutiny. It is also proposed that the measure be forwarded for information to the Joint Committees on Enterprise and Small Business and Finance and the Public Service in the context of the implications for the insurance sector. Is that agreed? Agreed.

I propose to take Nos. 5.13 and 5.14 together. No. 5.13, COM (2006) 527, is a proposal for a directive concerning the classification, packaging and labelling of dangerous substances by reason of the accession of Bulgaria and Romania. No. 5.14, COM (2006) 530, is a proposal for a directive concerning the classification, packaging and labelling of dangerous substances by reason of the accession of Bulgaria and Romania. It is proposed that the measures do not warrant further scrutiny. Is that agreed? Agreed.

No. 5.15, COM (2006) 529, is a proposal for a directive adapting certain directives in the field of agriculture — veterinary and phytosanitary — by reason of the accession of Bulgaria and Romania. It is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.16, COM (2006) 531, is a proposal for the amendment of the directive concerning the right to vote and stand as a candidate in municipal elections by citizens of the Union by reason of the accession of Bulgaria and Romania. The aim of this proposal is to amend European Union legislation following the conclusion of the act of accession of Bulgaria and Romania. This is to make the technical amendments to the legislation concerning the participation of citizens of the member states in municipal elections across the European Union.

The Department has, I understand, been requested to outline in more detail the implications for Ireland of the adoption of the proposed measure than that indicated in section 14 of its note. Additional information in this regard will be circulated to members as soon as it is received by the Department. It is proposed that the measure does not currently warrant further scrutiny. It is also proposed that the measure be forwarded to the Joint Committee on Environment and Local Government for information, especially in the context of possible implications for local government matters. Is that agreed? Agreed.

It has not been circulated to date, I take it.

That is correct.

It should be sent to all the Oireachtas committees. It contains detail that every Member of the Oireachtas should be interested in. Normally I would not say that.

As soon as we have the additional information, we shall do that. It is a good idea.

Does that mean that Bulgarians and Romanians can come and stand for election in Ireland but cannot work here?

We shall clarify that, but I should say they are two different things — standing for election and not working.

No. 5.17, COM (2006) 553, is a proposal for a decision concerning trade preferences for cheese between the European Union and Norway. The Commission sets out in its memorandum to the proposal that the need to reflect the increase of exports of cheeses in brine or oil has resulted in this proposal that the tariff quota levels be increased in response to that reality. The proposed additional volume of 500 tonnes would reflect the weight of brine or oil imported in combination with cheese. It is proposed that the measure does not warrant further scrutiny. It is also proposed that the measure be forwarded for information to the Joint Committee on Agriculture and Food. Is that agreed? Agreed.

No. 5.18, COM (2006) 556, is a proposal for a codifying directive regarding the identification of controls, tell-tales and indicators for two or three-wheel motor vehicles. I am told tell-tales are signs, rather than indicators. It is proposed that the measure does not warrant scrutiny. Is that agreed? Agreed.

No. 5.19, COM (2006) 557, is a proposal for the repeal of the directive concerning the approximation of the laws of the member states concerning the classification of wood in the rough. That has nothing to do with golf. The Department has confirmed that alternative measurement and classification methods are available to industry and that therefore the repeal of the directive would not impact on the market. It is proposed that the measure does not warrant scrutiny. Is that agreed? Agreed.

No. 5.20, COM (2006) 576, is a proposal for a recasting regulation on a Community energy efficiency labelling programme for office equipment. It is related to the proposal, COM (2006) 581. It is proposed that the measure does not currently warrant further scrutiny. Is that agreed? Agreed.

No. 5.21, COM (2006) 577, is a proposal for an amending decision concluding the consultation procedure with the Togolese Republic under Article 96 of the Cotonou Agreement. The Commission memorandum concludes that the Togolese authorities have taken resolute steps in the right direction in terms of democracy and human rights, but that further action is required. This measure therefore proposes the continuation of the period of consultation with authorities there on these issues. It is proposed that the measure does not warrant further scrutiny. It is also proposed that the measure be forwarded to the Joint Committee on Foreign Affairs for the particular information of its development sub-committee. Is that agreed? Agreed.

No. 5.22, COM (2006) 579, is a proposal for a decision providing Community macro-financial assistance to Moldova. The Commission is proposing that Moldova receive exceptional macro-financial assistance of €45 million for the period 2007 to 2008. Such assistance will be managed by the Commission. It is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.23, COM (2006) 602, is a proposal for a decision concerning an amendment to the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The Commission proposal is that the Community effectively supports participation by Belarus in principle but not as currently proposed by Belarus. The Community and the member states would thereafter co-operate closely to ensure a compromise amendment that is in conformity with EU principles in this area. It is proposed that the measure does not warrant further scrutiny. It is also proposed that the measure be forwarded for information to the Joint Committee on Environment and Local Government. Is that agreed? Agreed.

No. 5.24, COM (2006) 634, is a proposal for a Council regulation terminating the partial interim review of anti-dumping measures on imports of silicon originating in the Russian Federation. It is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.25, COM (2006) 561, is a proposal for a decision concerning the trade, development and co-operation agreement, TDCA, between South Africa and the European Community and the phasing out and elimination of the duties on some automotive products. The TDCA between South Africa and the Community provides for the phasing out and elimination of the duties on some automotive products. This proposal aims to give practical effect to this goal. It is proposed that the measure does not currently warrant further scrutiny. Is that agreed? Agreed.

No. 5.26, COM (2006) 580, is a proposal for a decision concerning an agreement between the European Community and Iceland on trade preferences in agriculture products in the context of the European Economic Area. It is proposed that the measure does not warrant further scrutiny. It is also proposed that the measure be forwarded for information to the Joint Committee on Agriculture and Food. Is that agreed? Agreed.

No. 6.1, adopted measure COM (2006) 575, is a proposal for fixing the financial contribution to be paid by the member states contributing to the European Development Fund. It is proposed to note the measure. It is also proposed that the measure be forwarded to the Joint Committee on Foreign Affairs for the particular information of its development sub-committee. Is that agreed? Agreed.

No. 7.1, early warning notice EWN (06) C254, is the notification of a partial view of anti-dumping measures in force in respect of imports of grain oriented flat-rolled products of silicon-electrical steel originating in the USA and Russia. It is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 7.2, early warning notice EWN (06) C262, is the notification of an interim review of anti-dumping measures in force in respect of ferro molybdenum originating in the People's Republic of China. It is proposed that the measure does not require further scrutiny. Is that agreed? Agreed.

Early warning notice regulation 1551/06 is a Commission regulation imposing a provisional anti-dumping duty on imports of certain frozen strawberries originating in the People's Republic of China. The Department's note indicates that its consultation process has resulted in no difficulties being reported to it by interested parties. Under the early warning arrangements in place with the Department, the committee would be informed of any material change to this situation. It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the note be forwarded for information to the Joint Committee on Agriculture and Food for information. Is that agreed? Agreed.

Early warning notice regulation 1620/06 is a Commission regulation imposing a provisional anti-dumping duty on imports of ironing boards originating in the People's Republic of China. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

That is a very pressing matter.

I knew the Senator would say that.

Early warning notice regulation 2042/06 concerns the notification of a formal review of anti-dumping measures in force in respect of television camera systems originating in Japan. Is that agreed? Agreed

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