JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Wednesday, 24 Jan 2007

Scrutiny of EU Proposals.

Chairman

We will deal with proposals proposed for further scrutiny. COM (2006) 758 is a proposal for a Council decision approving the placing on the market of a genetically modified carnation by flower colour. It is modified to produce a violet flower and herbicide tolerance. The decision sought would allow the import, distribution and marketing of the modified carnation. The product would either be labelled or accompanied by a document stating it is genetically modified and that it is not fit for human or animal consumption or cultivation. The Dutch authorities presented an assessment report, to which some member states raised objections. The Environmental Protection Agency, while noting the views of other member states, raised no objections. In addition, the European Food Safety Authority concluded that the placing on the market of this product was unlikely to have adverse effects on human and animal health or the environment in the context of its proposed ornamental use.

In recent years the sub-committee has considered a considerable number of proposals from the Commission and referred them for further scrutiny, given the level of public apprehension regarding GM products. It is proposed, therefore, that the proposal be referred for further scrutiny by the Joint Committee on Environment and Local Government in the context of that committee's ongoing scrutiny of proposals related to GM organisms. Is that agreed? Agreed.

Senator Dardis

I am interested to know how one can label a carnation but we will let the joint committee deal with that aspect.

Chairman

As there are no Title IV measures for discussion at this meeting, we will proceed to deal with CFSP measures. Item 3.1 is CFSP (2006) 868, an amending joint action concerning the European Union police mission in Kinshasa, Democratic Republic of Congo, regarding the integrated police unit. In the context of reform of the police force in the Democratic Republic of Congo, a European police mission was established to monitor, mentor and advise according to the rules commonly accepted by democratic countries. The joint action extends the mission until 30 June this year. It is proposed to note the measure. Is that agreed? Agreed.

Item 3.2 is CFSP (2006) 918, a joint action amending a previous joint action on the establishment of the European Union planning team in Kosovo. A joint Council-Commission fact-finding mission recommended that an EU planning team be established to assist in the EU decision-making process with respect to Kosovo. Joint Action 2006/304 approved the establishment of the planning team and the continuation of its activities until May this year. It is proposed to note the measure. Is that agreed? Agreed.

There are no proposals listed for deferral. Item 5 concerns proposals which it is suggested require no further scrutiny. We will take items 5.1 to 5.10 together. They are all codification measures which aim to bring together in one directive or regulation ten existing measures. Item 5.1 is COM (2006) 651 which relates to the field of vision and windscreen wipers; item 5.2 concerns certain parts and characteristics; item 5.3 concerns the maximum design speed of load platforms and wheeled agricultural or forestry tractors; item 5.4 concerns steering equipment; item 5.5 lays down minimum standards for the protection of pigs; item 5.6 concerns the production and marketing of eggs for hatching and farmyard poultry chicks; item 5.7 concerns pure-bred breeding animals of the bovine species; while item 5.8 concerns the approximating of the laws of the member states relating to trade marks. It is proposed that these codifying measures do not warrant further scrutiny. Is that agreed? Agreed.

Senator Dardis

Will the Chairman explain why it is regarded as important by the European Union to refer to field of vision and windscreen wipers on tractors as a matter which might come to its attention? Is there a logical explanation?

Chairman

I am told common rules are needed for the Internal Market to ensure there will be no obstacles to trade.

Senator Dardis

We will certainly examine tractors when we buy them to make sure they are in compliance with the rules.

Chairman

The protection of pigs is also an interesting topic.

Deputy Sexton

One wonders about the minds of those who come up with these items.

Chairman

Yes. I propose to take the final codifying measures — items 5.9 and 5.10 — together. Item 5.9 is a proposal for a Council regulation on the Community trade mark, while item 5.10 is as an amended proposal for a directive of the European Parliament and the Council on injunctions for the protection of consumers' interests. It is proposed that these proposed measures be forwarded for information to the Joint Committee on Enterprise and Small Business in the context of its consideration of related texts. Is that agreed? Agreed.

The following 11 proposals — items 5.11 to 5.21, inclusive, — concern amendments to existing directives to take into account a recent revision of the comitology procedures. Comitology emerged in the 1960s when the Council recognised that it lacked the resources to make all necessary implementation rules and decided to delegate implementing powers to the Commission while keeping some legislative control through the creation of committees composed of experts from each member state which work with the Commission on the technicalities necessary for the application of European Union law. Item 5.11 concerns the capital adequacy of investment firms and credit institutions; item 5.12 concerns the taking up and pursuit of the business of credit institutions; item 5.13 concerns reinsurance; item 5.14 concerns the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate; item 5.15 concerns life assurance; item 5.16 concerns the co-ordination of laws, regulations and administrative provisions relating to direct insurance, other than life assurance; item 5.17 concerns the setting up of a European insurance and occupational pensions committee; item 5.18 concerns the harmonisation of transparency requirements relating to information on issuers whose securities are admitted to trading in a regulated market; item 5.19 concerns the prospectus to be published when securities are offered to the public or admitted to trading; while item 5.20 concerns insider dealing and market manipulation, that is, market abuse. It is proposed that these purely technical measures do not warrant further scrutiny. Is that agreed? Agreed.

Deputy Sexton

In trying to simplify and clarify Community law with this codification procedure, I assume no changes are being made, that the law is exactly as has been agreed in each directive as transposed and codified. Is this guaranteed? I understand why the Commission wants to do this but are we certain nothing is being changed in the codification process? Please forgive my cynicism.

Chairman

The Commission guarantees there are no changes. The documents are being sent to the member states and governments to be examined.

The final directive, item 5.21, concerns the deliberate release into the environment of genetically modified organisms. As with the other proposals concerning the revised comitology procedure, it is proposed that this technical measure does not warrant further scrutiny. However, it is proposed to forward it to the Joint Committee on Environment and Local Government for information given that the committee's work on proposals related to genetically modified organisms. Is that agreed? Agreed.

COM (2006) 710 is the proposed regulation concerning restrictive measures against the Democratic People's Republic of Korea. In December 2006 the committee considered the related Common Position that followed from UN Security Council Resolution 1718 (2006) which, inter alia, expressed the gravest concern at the claim by the Democratic People’s Republic of Korea that it has conducted a test of a nuclear weapon and prohibits the trade in certain related equipment. The aim of the measure is to give legal effect within the European Union to the UN resolution. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 721 is the proposal for an amending financial regulation applicable to the ninth European Development Fund. As members may recall, the committee considered in July 2006 COM (2006) 213 in respect of the wider general financial regulation and referred that proposal for further scrutiny by the Joint Committee on Finance and the Public Service. This proposal specifically concerns the ninth European Development Fund and, inter alia, would oblige the Commission to take steps to establish a central database of relevant candidates and those that tender, and to have international tendering procedures published in the Official Journal of the European Union. It is proposed that the proposed measure does not warrant further scrutiny. It is proposed that it be forwarded to the Joint Committee on Finance and the Public Service. Is that agreed? Agreed.

COM (2006) 777 is the proposed decisions concerning the signature and provisional application of the protocol concerning the partnership, co-ordination and co-operation agreement with Mexico to take account of the accession of Bulgaria and Romania. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

We are taking items 5.25 to 5.27, inclusive, together. COM (2006) 752 is the proposed Council decisions concerning the signature and conclusion of the accession of Liechtenstein and Switzerland to certain elements of Schengen. COM (2006) 753 and COM (2006) 754 are proposals for Council decisions concerning the signature and conclusion of the protocol with respect to Liechtenstein and Switzerland in relation to criteria and mechanism for establishing the state responsible for asylum requests, including in relation to the special position of Denmark. It is proposed that the proposed measures do not warrant further scrutiny. Is that agreed? Agreed.

Senator Dardis

The Chairman should refer these to Deputy Gay Mitchell who is keenly interested in these matters.

Chairman

He is an expert on Schengen.

COM (2006) 757 is the proposed Council decision relating to the rules of procedure for joint committee in the context of the Euro-Mediterranean agreement between the EU and Algeria. COM (2006) 765 is the proposed Council decisions on the signing, provisional application and conclusion of a protocol to the Euro-Mediterranean agreement with Algeria, to take account of the 2004 accession of ten additional member states. It is proposed that the proposed measures do not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 766 is the proposed decision concerning the rules of procedure for joint committee in the context of the interim agreement between the EU and Albania. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 783 is the proposed directive on the interoperability of the Community rail system. The Commission sets out in its memorandum to this proposal that the "aim of simplifying and modernising the regulatory environment in Europe is central to [its] work". It is in this context that the Commission indicates it is proposing the consolidation and merger of the directives on railway interoperability. It is proposed that the proposal does not warrant further scrutiny. It is additionally proposed that the proposed measure be forward for information to the Joint Committee on Transport in the context of the wider package of proposals, namely, COM (2006) 784 and COM (2006) 785, on railway interoperability. Is that agreed? Agreed.

COM (2006) 784 is a proposal for an amending directive on safety on the European Union's railways. The Commission contends, in its memorandum to this proposal, that national procedures for the approval of locomotives are regarded as among the most serious barriers to the creation of new railway undertakings in the freight sector. It is, therefore, suggesting that relevant operating authorisation rules be harmonised across member states. The Department has set out in its note that the adoption of the proposed measure is unlikely to have major implications for Ireland but that the full possible implications for this country of the adoption of the proposal are still the subject of consultations between the Department and the Railway Safety Commission. It is proposed that the proposed measure does not currently warrant further scrutiny. It is additionally proposed that it be forwarded for information to the Joint Committee on Transport and that the Department be requested to inform the committee of the conclusions to its ongoing consultation process. Is that agreed? Agreed.

COM (2006) 785 is a proposal for an amending regulation establishing a European railway agency. The agency's structure, main tasks and working methods are outlined in European Regulation 881/20004. This proposal concerns approval for additional tasks for the agency to undertake such as interacting with national agencies to reduce the overall number of rules. It is proposed that the proposed measure does not warrant further scrutiny. It is additionally proposed that it be forwarded for information to the Joint Committee on Transport.

Senator Dardis

Are these proposals relevant to the exercise carried out previously by the sub-committee on subsidiarity and the railway programme?

Chairman

Not directly.

COM (2006) 826 is a follow-on note relating to a proposal for a regulation concerning the extension of the anti-dumping duty on silicon originating in the People's Republic of China to such imports from the Republic of Korea. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 740 is a proposed regulation concerning compensation for additional costs incurred in the marketing of fishery products from the European Union's outermost regions. The Commission's explanatory memorandum to the proposal recalls that the outermost regions of the Union - the Azores and Madeira, the Canary Islands and the French Departments of Guiana and Réunion - face additional costs in respect of the marketing of certain fishery products as a result of those regions remoteness and particular socio-economic conditions. Measures were adopted in 2003 to compensate producers in these outermost regions and expired on 31 December 2006. The Commission concludes that favourable consideration should be given to the continuation, to 2013, of the existing programme of assistance to these regions in view of the positive impact on fisheries in the regions concerned and owing to the continuing need for support. The Commission also aims to improve the efficiency of the scheme through a variety of amendments to the measures. The Department, in its information note, considers the proposal to be of minor significance having no implications for Ireland. It is, therefore, proposed that it does not warrant further scrutiny. Is that agreed? Agreed.

I am curious to discover the location of Réunion.

Senator Dardis

It is located in the middle of the Atlantic.

Chairman

I am informed that it is located in the Indian Ocean.

Senator Dardis

What is an ocean between friends?

Chairman

COM (2006) 716 is a proposal for a decision and regulation concerning imports from Canada post-2004 enlargement. The proposed measure is similar to a number of previous proposals considered by the sub-committee subsequent to the accession of the ten new member states in May 2004. The measures were required to take account of the enlarged market and proposed changed quotas and tariffs. The current proposal concerns increased quotas on a range of agricultural products, including pigmeat, poultry meat, skimmed milk powder, wine, certain fruits, barley, maize, dog and cat foods and animal feedstuffs. The Department has outlined that it views the proposed measure as having no implications for Ireland and that it does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 792 is a proposal for a Council decision appointing members of the European Social Fund committee. The sub-committee considered the proposal to appoint the previous committee in September 2004 which at that time comprised six members and three alternates from each member state. Since then, changes have been made to the regulation governing the composition of the committee. The proposal seeks to appoint a new committee for a period of three years - 1 January 2007 to 31 December 2009. The members nominated have been listed in the briefing circulated to members and all are drawn from the sectors indicated, that is, civil servants, IBEC and the trade union movement. Is that agreed? Agreed.

COM (2006) 599 is a decision of the European Parliament and the Council establishing the statistical governance advisory board. The proposal by the Commission is aimed at establishing a European statistical governance advisory board to enhance the credibility of European statistics, advise the Commission and report on implementation of the European statistics code of practice by EUROSTAT. Following further discussions, a compromise proposal was prepared by the Finnish Presidency.

The proposal, including the changes made in the revised proposal, contains the following changes to the current regime: the board will be established to enhance the credibility of European statistics and its tasks will be to submit an annual report on implementation of the European statistics code of practice; to advise the Commission on appropriate measures to facilitate implementation of the European statistics code of practice; to advise the Commission on communicating the code of practice to users and data providers; and to give advice on updating the code of practice and other ways of strengthening the operation of the European statistical system as a whole. There is an emphasis in the revised proposal on the independence of the persons appointed to the board, and explicit reference is made to the exclusion of the European Central Bank-European system of central banks from the remit of the advisory body.

The Central Statistics Office states in its information note that this proposal has no implications for Ireland and that there are no consequences for national legislation or for the EU budget. The office fully supports the revised proposals put forward by the Finnish Presidency. A query has been raised regarding the anticipated timescale for adoption of the proposal in light of the revisions made in late 2006. It is proposed that this proposal does not warrant further scrutiny, but that it be forwarded for information to the Joint Committee on Finance and the Public Service, in view of the compromise proposal by the Finnish Presidency. Is that agreed? Agreed.

Senator Dardis

Why is it proposed to exclude the ECB?

Chairman

To ensure the independence of the bank.

Senator Dardis

Will its statistics not be available to be scrutinised?

Deputy Sexton

Will the proposal proceed regardless of the Finnish compromise? Is that still being negotiated?

Chairman

This is the latest draft and the Finnish proposal will be considered. I will obtain a note on the Finnish compromise and the ECB for members.

COM (2006) 653 is a proposal for a decision to set up a European advisory committee on Community statistical information policy. The purpose of this proposal by the Commission is to reform the body which was set up in 1991 to assist in the co-ordination of the Community's statistical programme. This body, which is the Advisory Committee on Statistical Information in the Economic and Social Spheres, CEIES, helps assess the relevance of the Community's statistical programme; monitors the statistical programmes; and assesses costs incurred. The need to reform CEIES in terms of function and composition was recognised at both Commission and Council level in 2005, especially in view of enlargement and an earlier call in 2002 for reflection on reform which had been made by the CEIES bureau. The overall effect of the reform will be to improve efficiency and effectiveness by reducing the membership of the Committee on Statistical Information in the Economic and Social Spheres, CEIES, and by giving it a stronger role in terms of preparing the Community statistical programme, CSP. The essential changes proposed are: a name change to the European Advisory Committee on Community Statistical Information Policy and a focus on user requirements in co-ordinating the strategic objectives and priorities of that policy; a more active role in preparation of the Community statistical programme and the annual statistical work programme of the Commission; a requirement for the Commission to report annually on how it has taken account of the committee's opinions; a reduction in membership from 79 to 25, with membership being drawn from civil society, the scientific community and statisticians; and provision for the setting up of temporary working parties to report back to the committee and to draw up expert opinions on highly complex statistical matters.

The Central Statistics Office states in its information note dated 5 December 2006 that this proposal has no major implications for Ireland. Although Ireland will lose its automatic right to participate in the body, as will be the case with all other member states, it will be given the opportunity to nominate two members suitably qualified in the field of statistics for a shortlist from which membership will be selected by the Commission. The CSO considers that the existing body did not function to its maximum potential and fully supports the additions made in the revised proposal. It has confirmed it fully supports the contents of the revised proposal. A query has been raised about the anticipated timescale for adoption of the proposal in light of the revisions made in late 2006.

It is recommended that the matter does not warrant further detailed scrutiny at this time and that it be forwarded to the Joint Committee on Finance and the Public Service in conjunction with COM (2006) 599 in view of the compromised proposal. Is that agreed?

Deputy Sexton

I wish them luck trying to reduce the membership from 79 to 25. The revised proposal states: "[T]he 14 members shall perform their duties in their personal capacity[.]" What does that mean?

Chairman

They would be independent of member states.

Deputy Sexton

How will these people be chosen independent of the states?

Chairman

Each state will be asked to nominate two people. They will be technical experts acting in their own right as experts rather than on behalf of member states.

Deputy Sexton

So they will be paid consultants rather than members of a board.

Chairman

I am told they tend to be civil servants sent to the committees in Brussels by the member states.

Senator Dardis

They will be similar to the staff of the technical committees which deal with agriculture. They act on their own initiative when attending such meetings. It is curious that we already have a European Statistical Governance Advisory Board and are soon to have a European Advisory Committee on Community Statistical Information Policy. We appear to be creating a great deal of bodies to keep these people on the road.

Chairman

COM (2006) 687 is a proposed decision on the Community's statistical programme 2008-12. The proposal sets out the Community's statistical programme 2008-12 which will replace the current programme which is due to expire at the end of this year. The CSP is implemented via annual work programmes which provide more detailed work objectives for each year and refer to specific legislation for major actions. It is a comprehensive document detailing the production and delivery of products to users, the improvement of the quality of statistics and the further development of the European Statistical System, a partnership comprising EUROSTAT, national statistical authorities and other national authorities with responsibility in each member state for producing and disseminating European statistics. There will be a requirement for a final report to be submitted by the end of 2013. The Central Statistics Office states in its information note that it is not possible to quantify the precise implications for Ireland of the new programme, but that as was the case with previous programmes, it will form the basis for some of the additional services to be undertaken by the CSO from 2008 to 2012.

It is recommended that this proposal does not warrant further scrutiny at this time, but should be forwarded to the Oireachtas Joint Committee on Finance and the Public Service for information. That committee may wish to request the CSO to keep it informed on developments in the negotiations and in particular on likely implications for Ireland. Is that agreed?

Senator Dardis

It would appear that additional obligations will fall to the CSO and it will be required to carry out additional work. Provision is made for €274 million. Does the Community fund the additional work or is it up to Ireland to fund any obligations arising from such measures?

Chairman

It is not clear. Often there is a central fund and member states are funded to carry out these duties if there is a burden on them. We will request a note on the matter.

Senator Dardis

The briefing document states it is anticipated to require a financial framework totalling €274.2 million for the five-year period. It does not state whether it will be funded by the Union or by member states.

Chairman

It is a good question and we will find out.

COM (2006) 800 is a proposed regulation laying down the weightings applicable from 1 July 2006 to the remuneration of officials, temporary staff and contract staff of the European Community serving in third countries and of certain officials remaining in post in the ten new member states for a maximum period of 19 months after accession. This proposal by the Commission relates to that part of annexe X of the staff regulations dealing with remuneration of Community officials posted in countries outside the European Union and also certain officials remaining in posts in the two new member states for a maximum of 19 months after accession. Remuneration is payable in euro in Belgium, but provision is also made for all or part of an official's remuneration to be paid in the currency of the country of employment, in which case the portion paid in local currency is subject to a weighting.

This proposal seeks approval for the application from 1 July 2006 of the level of weightings in respect of the categories of officials concerned. The Department's information note states that this technical proposal has no direct implications for Ireland and that there are no consequences for national legislation. It is recommended that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 748 is a proposed directive concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches. This proposal by the Commission is a purely technical measure designed to simplify Community legislation by repealing a directive which is now considered to be obsolete. The Department of Finance states that the measure, which it has confirmed is being implemented since 1 January 2007, has no implications for Ireland and has no consequences for the European budget. It is proposed that this measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 751 is an amended proposal for a regulation on the service in the member states of judicial and extrajudicial documents in civil or commercial matters. It is an amended proposal for Regulation (EC) 1348/2000. On 22 April 2004, the sub-committee considered COM (2004) 173, which was a draft Title IV proposal to establish a uniform procedure for applying for a European order for moneys outstanding and was designed to eliminate the need for a judgment to enforce locally and external judicial order for uncontested claims. This further amended proposal from the Commission does not differ in any substantive way from the original proposal. The Department goes on to say that while no implications of this proposal have a particularly Irish dimension, it should further clarify and facilitate arrangements in respect of the service of documents between the member states. It is proposed that the proposal does not warrant further scrutiny but should be forwarded for information to the Joint Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.

COM (2006) 619 is a proposed decision on the signature and provisional application of the agreement between the European Community and the Government of Malaysia on certain aspects of air services. This proposal by the Commission, which was adopted on 19 December 2006, seeks approval on the conclusion of an agreement between the EU and Malaysia. The agreement is one of a number of agreements designed to bring existing bilateral air services agreements into line with Community law and to allow any EU carrier to operate services from those member states and various third countries. As the Department of Transport confirms in its information note, this proposal does not hold significant implications for Ireland as there are no directly scheduled air services between Ireland and Malaysia. It is recommended that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 815 is a proposed decision on guidelines for the employment policies of the member states. Members will have noted from the material that has been circulated that the Council and Commission report to the European Council adopts conclusions and draws up guidelines which the member states "shall take into account in their employment policies". Each member state implements policies with varying degrees of social partner involvement, such as national action plans. Given that this is a technical proposal, which merely seeks approval for the 2007 guidelines, it is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 760 is a recast of a Council directive concerning indirect taxes on the raising of capital, or the companies capital duty. It relates to Council Directive 69/335/EC and aims to abolish the duty by 2010. It is intended to simplify a complicated piece of Community legislation. The companies capital duty is being phased out because it has been recognised that it is a significant obstacle to the development of companies in the EU. The proposal is intended to prohibit the creation or levying of other similar taxes. The Commission is proposing to recast the 1969 directive by proposing a limit of 0.5% on the rate by 2008, and a phasing out of capital duty by 2010. By that year, member states will have had 25 years in which to adapt their fiscal arrangements to prepare for the abolition of the duty. The Department states in its information note that this technical proposal has no consequences for national legislation or for the European budget. It is proposed that the measure does not warrant further scrutiny but that it be forwarded to the Joint Committee on Finance and the Public Service for information. Is that agreed? Agreed.

COM (2006) 135 is a proposed regulation concerning common rules for the provision of basic information on purchasing power parities and for their calculation and dissemination. This proposal seeks to give a statutory basis to the current practice of member states in calculating annual purchasing power parities to allow pure volume comparisons of gross domestic product and its aggregates between countries. The Department of the Taoiseach states in its information note that the proposal, which has some significance, does not involve any new work other than the introduction of new elements of quality control, given that Ireland is undertaking the purchasing power standard exercise. It is proposed that the measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 565 is a proposed regulation on the organisation of a labour force sample survey in the Community. Following a mid-term review of the Lisbon strategy, the Commission presented a strategy in February 2005 on growth and jobs and a review of the European employment strategy. In its information note, the Central Statistics Office confirms that the requirements foreseen by the regulation have been implemented in Ireland and that a question on wages and salaries was introduced in the quarterly national household survey in 2006. Consequently, the CSO considers the proposal to be of minor significance. The proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 745 is a proposal for a regulation on the export and import of dangerous chemicals. The Rotterdam Convention regulates the import and export of certain hazardous chemicals and pesticides based on the principle of prior informed consent. The European Court of Justice annulled the related Regulation 304/2003/EC which implemented the convention at Community level. COM (2006) 745 proposes to provide legal certainty by establishing a replacement regulation with the correct legal base. Is that agreed that it does not warrant further scrutiny? Agreed.

We move next to Green and White Papers. COM (2006) 763 is a Green Paper, Global Europe: Europe's Trade Defence Instruments in a Changing Global Economy. The Green Paper is designed to promote discussion on whether trade defence measures available to EU law-makers — anti-dumping, anti-subsidy and safeguards — are sufficient and effective protectors of Europe's interests in a changing global economy. The Green Paper poses 32 questions grouped according to six themes. These are as follows: the role of trade defence instruments in a changing global economy; the weighting of certain EU interests in trade defence investigations; the launch and conduct of trade defence investigations; the form, timing and duration of trade defence measures; the transparency of trade defence investigations; and the institutional structure of trade defence investigations. The consultation period will extend to 31 March this year. It is proposed to forward the Green Paper to the Joint Committee on Enterprise and Small Business for its information and consideration. Is that agreed? Agreed.

Senator Dardis

Surely it will be irrelevant if the WTO reaches an agreement.

Chairman

COM (2006) 769 is a Green Paper on satellite navigation which aims to promote a debate on what the public sector can do to support the development of satellite navigation applications. In its introduction the Commission estimates that the market in GNSS technology products and services will reach €400 billion by 2025. The Green Paper addresses three broad areas. The first is area sectors in which satellite navigation applications are developing; the second is ethical and privacy issues, while the third is public sector action. On the basis of the information presented on these topics, the Commission poses ten questions which seek to prompt new ideas from industry, public authorities and consumers to define targets and, especially, formulate appropriate public sector action. It is proposed to forward the Green Paper to all relevant Oireachtas committees for their information and consideration. It is also proposed that the Department be requested to keep the sub-committee informed of progress on Ireland's response to the paper, including specific plans made for consultation and the eventual submissions which result. Is that agreed? Agreed.

COM (2006) 708 is a Green Paper on the modernisation of labour laws to meet the challenges of the 21st century. The Commission's proposal is intended to launch a public debate within the European Union on the ways in which labour law can be developed in line with the Lisbon strategy to achieve sustainable growth and increased and improved employment appropriate to the modern world of work. Key issues identified for further exploration include the following: employment transitions; uncertainty on certain legal aspects of employment; the three-way relationships between a user undertaking, employee and work agency; the organisation of working time; the mobility of workers; enforcement issues; and undeclared work. The Department points out in its information note that many of the issues raised in the Green Paper, including those just mentioned, have been made central to or formed part of the ongoing domestic debate on employment matters, particularly in the context of the recently concluded social partnership negotiations which resulted in the adoption of Towards 2016. It is proposed that this Green Paper be forwarded for information and consideration to the Joint Committee on Enterprise and Small Business, the Joint Committee on Justice, Equality, Defence and Women's Rights and the Joint Committee on Social and Family Affairs, in view of the fact that inputs on the Green Paper will be required from the Department of Justice, Equality and Law Reform and the Department of Social and Family affairs as well as the lead Department. Is that agreed? Agreed.

There are eight adopted measures. COM (2006) 528 is a proposal for a Council directive adopting certain directives in the field of transport policy by reason of the accession of the Republic of Bulgaria and Romania. This directive amends nine transport-related directives to accommodate the accession of the two countries. The amendments proposed to the directives are technical and consist of amendments such as the addition of Bulgaria and Romania to the list of distinguishing signs indicating member states that appear on Community model driving licences, vehicle registrations and driver qualification cards. Other amendments simply include Bulgarian and Romanian in the list of languages used in such documents. The proposal was agreed at a meeting of the Council on 20 November 2006. The Department indicates in its information note that there are no implications for Ireland. It is proposed to note this adopted measure.

Deputy Sexton

On the question of changing the documentation to take into consideration the two accession countries, obviously the standards that apply to them are the same as those that apply to all other EU countries. I refer to the testing regulations and whatever other measures are being adopted. I presume they have all been compared.

Chairman

I am told they are obliged to take on all of these. I wonder how quickly they will do so. It raises certain questions.

Deputy Sexton

I am particularly concerned about standards. Are we simply accepting that the standards are the same or must the countries reach a certain standard before their accession? Do we know this, particularly in regard to driving matters?

Chairman

I am told the new countries must adopt the EU law before they become members. I still have queries regarding vehicle testing.

Deputy Sexton

I am anxious that the standards be the same as our own. Could we check this?

Senator Dardis

The countries would have to sign up to the acquis but, as was the case with Ireland, it takes some considerable time after joining before everything is brought into line. Countries are given a certain amount of time to do so.

Chairman

I would like to obtain information on the pace of implementation. One sees many foreign-registered cars on the roads and wonders when they were last tested, if ever.

Deputy Sexton

Perhaps we could get clarification on the timeframe the countries have in which to reach the standards that obtain here.

Chairman

I would also like to obtain information from the Department on the position of the steering wheels of cars. Their position gives rise to considerable safety issues. Is there any move to standardise requirements in this regard?

Senator Dardis

Such as, that we should drive on the right hand side of the road.

Deputy Sexton

Would the Senator like to be the first to propose that?

Senator Dardis

We will phase it in over a six-month period and see how it works.

Chairman

There are safety issues and one should at least be thinking about them. We would like to know if they are being addressed.

COM (2006) 677 is a proposed regulation concerning direct support schemes for farmers, and requires the sugar industry to take into account the accession of Bulgaria and Romania. It amends three existing regulations relating to direct payments and the sugar regime to allow their implementation in Bulgaria and Romania subsequent to accession. Members will recall similar proposals on foot of which technical amendments are required to take account of the accession of Bulgaria and Romania. The Department has indicated that there are no implications for Ireland. This proposal was adopted at a meeting of the Council on 20 November 2006, little more than a month after its transmission, in order that it could be concluded prior to accession on 1 January 2007. It is proposed to note this adopted measure. Is that agreed? Agreed.

COM (2006) 703 is a proposed regulation fixing for 2007 the guide prices and Community producer prices for certain fishery products. This proposal provides that a guide price and a Community producer price be fixed each year to determine price levels for intervention in the market for certain fisheries products. The guide price sets a minimum selling price for fishery products and facilitates the establishment of a system of market-supported payments to fishermen in respect of products that do not reach the minimum selling price. Such products are put into storage until market conditions improve. It is proposed to note the adopted measure. Is that agreed? Agreed.

COM 731 is a proposal for Council decision on the granting of the special incentive arrangement for sustainable development and good governance beyond 1 January 2007 to the Republic of El Salvador. This proposal by the Commission is intended to extend the period of benefitting from a special incentive arrangement for sustainable development and good governance beyond 1 January 2007 until the end of 2008 to the Republic of El Salvador. When submitting its request for tariff preference, El Salvador referred to incompatibility with its constitution of two INO conventions. It committed, however, to sign and ratify those two conventions before the end of 2006. El Salvador ratified the said conventions in August 2006, thus fulfilling conditions imposed in the regulation. Accordingly, this measure proposes a Council decision to allow the continued granting of the special incentive up to the end of 2008. The Department confirms that this is a purely technical proposal which has no negative implications for Ireland. It was adopted on 19 December 2006.

COM 739 is a proposal for an amending directive with regards to the period of application on the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services. It is proposed to note this adoptive measure. Is that agreed? Agreed.

COM (2006) 644 is a proposal for a Council decision on a Community position concerning the decision by the WTO General Council to apply provisionally the transparency mechanism for regional trade agreements. It is proposed that this does not warrant further scrutiny but that it be forwarded to the Joint Committee on Enterprise and Small Business for information. Is that agreed? Agreed.

COM (2006) 750 is a proposal for an amending regulation temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products. It is proposed to note this and send it to the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

COM (2006) 771 is a proposal for an amending regulation opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products. It is proposed that this measure 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.

We have six early warning notes, items 8.1 to 8.6. Item 8.1 is EWN 2006/C320/06, a notice of the initiation of a re-investigation of anti-dumping measures in place in relation to polyester fibres imported from the People's Republic of China. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed. Item 8.2 is EWN 1999/2006, a provisional application of a duty on certain bicycle saddles imported from the People's Republic of China. Is that agreed? Agreed. Item 8.3 is EWN 2006/C316/06, a notice of the initiation of an expiry review of anti-dumping measures in place in relation to urea originating in Belarus, Croatia, Libya and Ukraine. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed.

Item 8.4 is EWN 2006/ C311/13, a notice of the initiation of a partial review of anti-dumping measures in place in relation to ammonium nitrate originating in Russia. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed. Item 8.5 is EWN 1888/2006, a provisional application of anti-dumping measures in relation to sweet-corn kernels originating in Thailand. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed. Item 8.6 is EWN 2006/C311/14, notice of the initiation of a partial review of anti-dumping measures in place in relation to ammonium nitrate originating in Ukraine. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed.

Minutes of the meeting of 14 December 2006 have been circulated. Are they agreed? Agreed. The draft 75th and 76th reports of the subcommittee have also been circulated. I propose that both reports be forwarded to the Joint Committee on European Affairs for agreement to lay before both Houses along with appendices. Is that agreed? Agreed.

The following items of correspondence have been received by the sub-committee: letters from Mr. Prionsias De Rossa, MEP, Mr. Brian Crowley, MEP, Mr. Gay Mitchell, MEP, and Mr. Liam Aylward, MEP, in response to a letter from the sub-committee. It is proposed to note this correspondence. Is that agreed? Agreed. There is also a letter from Department of Communication, Marine and Natural Resources outlining the Department's response on the principle of subsidiarity. It is proposed to note that letter. Is that agreed? Agreed.

I propose that the next meeting of the sub-committee will take place at 9.30 a.m. on Thursday, 8 February 2007. Is that agreed? Agreed.

I thank members for their co-operation in dealing with this hefty agenda. I wish everyone a happy and successful new year.

Deputy Sexton

I reassure everyone that I do not have the flu but some type of allergy.

Chairman

I thank the committee staff for their support.

The sub-committee adjourned at 11 a.m. until 9.30 a.m. on Thursday, 8 February 2007.