JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) debate -
Wednesday, 4 Apr 2007

Scrutiny of EU Legislative Proposals.

Chairman

Proposals for further scrutiny are Nos. 1.1 and 1.2, inclusive. No. 1.1 is COM (2007) 18, a proposal regarding the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and the specification of fuel used by inland waterway vessels. Minimum specifications for petrol and diesel fuels are set out in the fuel quality directive, Directive 98/70/EC. This current proposal arises from the European Commission's review of that existing directive and aims to reduce air pollutant and greenhouse gas emissions and to help implement Community strategies on air quality and climate change.

Specific amendments proposed to the existing directive include a reduction in the sulphur content in non-road fuels and fuels used on inland waterways, allowance of higher fuel vapour levels and oxidation levels for bio-fuel blends to promote the use of bio-fuels, and mandatory monitoring of life-cycle greenhouse gases in fuels to be introduced in 2009, and from 2011 to 2020, fuel suppliers will be required to reduce greenhouse gas emissions in fuels by 1% per annum.

The Department in its information note notes that national legislation on the enforcement of fuel laundering may require amendment since sulphur levels, although not the primary method of differentiation, are used to differentiate between road diesel and marked gas oil. The Department also points out that while the proposed measure is welcome, in that a reduction in sulphur levels will improve air quality and the proposal may reduce CO2 emissions, there remains a possibility that air pollutants such as volatile organic compounds and nitrogen oxides will increase. I understand there may be an element of trade-off here and that the Department will be monitoring developments on this issue.

In view of the concerns noted by the Department, it is proposed to refer this proposal to the Joint Committee on the Environment and Local Government for further scrutiny. Is that agreed? Agreed.

No. 1.2 is COM (2007) 58, a proposal to amend the directive relating to certain partly or wholly dehydrated preserved milk for human consumption and the regulations on the common organisation of the market in milk and milk products. This proposal is known as the dairy mini-package and aims to simplify the common organisation of the market for milk and milk products. It aims to amend three existing measures in this area. The main changes aim to allow manufacturers to standardise the protein content of milk powders at 34% and to reduce the intervention price to account for the lower protein content, simplify the butter intervention system, remove the unused and obsolete private storage schemes for cream and skimmed milk powder and remove the unused aid scheme for military forces, remove compulsory use of import licences, allow the production and marketing of milk of a wider range of fat contents within the EU, and simplify the school milk scheme by introducing a uniform rate of aid, irrespective of the fat content of milk delivered to pupils.

The Department in its information note indicates there are no implications for Ireland of much of the proposal given that many of the proposed amendments are of a technical or obsolete nature. However, the Department does raise concerns regarding the proposed amendment to the school milk scheme. Notwithstanding that the Department is in support of simplification, if a uniform rate of aid is introduced in place of a rate depending on fat content, as is the case at present, Ireland could lose 11% of current EU aid. The Department also indicates that the lower level of aid might negatively impact on participation in the scheme by suppliers. The Department has confirmed that it will strongly argue for a compromise rate of aid.

It is suggested to refer this proposal to the Joint Committee on Agriculture and Food for further scrutiny and to the Joint Committee on Health and Children for information. Is that agreed? Agreed.

No Title IV measures were received for this meeting. CFSP measures are Nos. 3.1 to 3.10, inclusive. No. 3.1 is CFSP (2007) 106, a Council joint action concerning the mandate of the European Union special representative in Afghanistan. It is proposed to note the measure. Is that agreed? Agreed.

Senator Dardis

He might prefer if we did not send him.

Chairman

He might. No. 3.2 is CFSP (2007) 107, a Council joint action appointing a successor to the current European Union special representative for Moldova. This joint action sets out that Mr. Mizsei will succeed Mr. De Szeged as the EU special representative, EUSR, for Moldova. The joint action also extends the EUSR mandate until 29 February 2008. It is proposed to note the measure. Is that agreed? Agreed.

Senator Dardis

It would be fascinating to know what would happen if we said "No" to one of these people.

Chairman

It has already been agreed so we are just noting it.

Senator Dardis

We cannot say "No".

Chairman

We cannot say "No", unfortunately. No. 3.3 is CFSP (2007) 110, a Council joint action concerning the mandate of the European Union special representative for the Middle East peace process. Following this joint action, the mandate of the European Union special representative for the Middle East peace process, Mr. Marc Otte, is extended until the end of February 2008. The committee has on a number of occasions considered the associated mandate and noted each of the related joint actions. It is proposed to note the measure. Is that agreed? Agreed.

No. 3.4 is CFSP (2007) 111, a Council joint action concerning the mandate of the European Union special representative for the South Caucasus. It is proposed to note the measure. Is that agreed? Agreed.

No. 3.5 is CFSP (2007) 113, a Council joint action extending the mandate of the EU special representative for Central Asia.

Senator Dardis

Noted.

Chairman

Noted. No. 3.6 is CFSP (2007) 147, a Council joint action concerning the European Union military operation in support of the United Nations mission in the Democratic Republic of Congo during the election process.

Senator Dardis

Noted.

Chairman

Noted. No. 3.7 is CFSP (2007) 150, a Council Common Position regarding the renewal of measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia.

Deputy Sexton

Noted.

Chairman

Noted. No. 3.8 is CFSP (2007) 92, a Council Common Position renewing the restrictive measures imposed against Côte d'Ivoire.

Deputy Sexton

Noted.

Chairman

Noted. No. 3.9 is CFSP (2007) 93, a Council Common Position modifying and renewing restrictive measures against Liberia. In a further development in the easing of restrictive measures against Liberia in recent times, this measure, while renewing the current arms embargo, allows for a further exemption to the arms embargo on non-lethal military equipment for use by the Liberian police and security forces. Members may recall that earlier the embargo had been amended to take account of the provision of related materials to the UN mission in Liberia. It is proposed to note the measure. Is that agreed? Agreed.

No. 3.10 is CFSP (2007) 94, an amended Council Common Position concerning restrictive measures against Somalia. As members will be aware, exiting European Union measures based on resolutions of the United Nations have prohibited the direct and indirect sale or transfer of arms or related materials to Somalia.

The intergovernmental authority on development is a local regional grouping in Africa and has been authorised by the United Nations Security Council to establish a protection and training mission in Somalia with the aim of supporting peace and stability in the country through an inclusive political process. The Common Position provides for an exemption to this situation in respect of the provision of arms and material to that mission. Is that noted? Noted.

As no proposals are proposed for deferral, the sub-committee will move on to the 27 proposals in which no further scrutiny is proposed. No. 5.1, COM (2007) 7, is a proposal for a decision on the signature and provisional application and conclusion of the protocol to the partnership and co-operation agreement between the European Communities and Ukraine to take account of the accession of Bulgaria and Romania. No. 7.2 relates to No. 5.1 and I propose to take them together. It is suggested to note the proposal regarding the signature of the proposed measure and that the proposal in respect of the conclusion of the measures does not warrant further scrutiny. Is that agreed? Agreed.

No. 7.3 relates to No. 5.2 and I propose to take them together. No. 5.2, COM (2007) 9, concerns proposals on the signature, provisional application and conclusion of the protocol to the partnership and co-operation agreement between the European Communities and Moldova to take account of the accession of Bulgaria and Romania. Is it agreed to note the proposal? Agreed.

No. 5.3, COM (2007) 31, is a proposal for a directive on the marketing of fruit plant propagating material and fruit plants intended for fruit production. The existing legislation in this regard was adopted in 1992 to ensure that fruit plant material marketed in the Community was healthy and of good quality. The Commission, with this proposal, is aiming to review and recast the existing legislation. The Commission's explanatory memorandum has identified two objectives, namely, to clarify and simplify the regulatory framework in which business operates to make the legislation more accessible to the ordinary citizen, and to improve the legislation based on technical and scientific progress and align it to the new marketing environment in line with the revised Common Agricultural Policy.

The Department's information note indicates that from Ireland's perspective, the main crop covered by the proposed directive is strawberry, confirms that Ireland already operates a certification scheme for propagating material of this plant and this proposal should not require any fundamental changes to that framework. The Department also considers that this technical proposal will safeguard further the quality of planting material introduced from other member states. Is that agreed? Agreed.

No. 5.4, COM (2007) 36, is a proposal laying down procedures relating to the application of national technical rules to products lawfully marketed in another member state. The principle of mutual recognition is based on the fact that member states generally cannot prohibit the sale on their territories of products lawfully marketed in another member state. The aim of this proposal is to facilitate the free movement of goods by setting out the principles by which the mutual recognition of products operates in order that goods lawfully marketed in one member state can be marketed more easily elsewhere in the European Union.

This proposal defines the rights and obligations of national authorities and of enterprises when a member state decides to take restrictive measures on a product in accordance with national technical rules and, in this context, the proposal sets out the procedural requirements for denying mutual recognition. The proposal also aims to reduce the risk for enterprises that their products will not get access to the market of the member state and to enhance communication between member states by establishing one or several product contact points in each member state.

The Department's information note indicates that the proposal has positive implications for Irish industry and exporters as it aims to enhance the operation of the Single Market through increased free movement of goods. While the Department indicates there may be additional costs associated with the establishment of product contact points, further clarification received confirmed the actual cost envisaged is minor and would be met from existing resources.

It is suggested that while this proposal does not warrant further scrutiny, it should be referred to the Joint Committee on Enterprise and Small Business for information. Is that agreed?

Senator Dardis

This is important because there is much evidence that technical barriers to trade are being used as devices to prevent trade. Anything of this nature is to be welcomed.

Chairman

No. 5.5, COM (2007) 37, is a proposal setting out the requirements for accreditation and market surveillance relating to the marketing of products. This is another proposal aimed at promoting the free movement of goods. The proposal aims to establish consistent rules and procedures with regard to the accreditation of national conformity assessment bodies. According to the Commission, accreditation will provide an authoritative statement of the competence of such national bodies responsible for ensuring products conform with applicable requirements such as health and safety. The proposal also aims to strengthen the market surveillance framework for national authorities to ensure unsafe or non-compliant products can be easily identified and withdrawn from the market. While the Department indicates there may be additional costs associated with the implementation of this proposal, further clarification received confirmed the actual cost envisaged is minor and would be met from existing resources. It is suggested that this proposal does not warrant further scrutiny but that it be referred to the Joint Committee on Enterprise and Small Business for information. Is that agreed? Agreed.

No. 5.6, COM (2007) 53, is a proposal for a decision on a common framework for the marketing of products. This proposal seeks a Council decision to agree a common framework for the marketing of products. This proposed decision is being presented by the Commission in tandem with the proposed regulation on accreditation and market surveillance. As the regulation has been discussed separately, this note will focus on the contents of the decision which aims to set out the general framework for future sectoral legislation and give guidance to ensure the greatest possible coherence in future sectoral legislation.

The Department's information note indicates there are no immediate implications for Ireland and the proposed decision sets a common framework for the adaptation of existing European Union legislation on the marketing of products in the future. The Department considers that the administrative and legal consistency provided by the framework will facilitate further the free movement of goods and will benefit all stakeholders. It is suggested that while this proposal does not warrant further scrutiny, it should be forwarded to the Joint Committee on Enterprise and Small Business for information with the related proposals. Is that agreed? Agreed.

No. 5.7, COM (2007) 38, is a proposal concerning a decision of the EU-Mexico joint council concerning the definition of the concept of originating products and methods of administrative co-operation. The European Union has had a partnership and co-operation agreement with Mexico since 1997. In its decision No. 2 of 2000, the EU-Mexico joint council laid down trade liberalisation provisions. The joint council has agreed amendments to these provisions and this proposal seeks a Council decision on the position to be taken by the European Union with regard to these draft amendments. The draft amendments specifically concern Annexe III to decision No. 2 of 2000 concerning originating products and methods of administrative co-operation. The Department's information note considers this proposal to be mainly technical with no reported difficulties for Ireland and therefore it does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.8, COM (2007) 43, is a proposal for a decision as regards the extension of the International Sugar Agreement 1992. This agreement entered into force in 1993 and has been prolonged on six occasions for a two-year period. The sub-committee considered the previous proposal to extend the agreement to 31 December 2007 and agreed it did not warrant further scrutiny. The purpose of this proposal is to authorise the European Union to approve another prolongation to 31 December 2009. Is it agreed that this technical proposal does not warrant further scrutiny? Agreed.

No. 5.9, COM (2007) 44, is a proposal for a Council decision with respect to the extension of the Grains Trade Convention 1995. The current Grains Trade Convention is the latest in a long series of multilateral co-operation instruments for grains, which have been in operation since 1949. The convention applied initially to the end of June 1998 and since then has been regularly extended. In 2005 the sub-committee considered a proposal to extend the convention for two years to 30 June 2007. In the current proposal, the Commission seeks the Council's authorisation to vote in favour of the further extension of the convention up to 30 June 2009. Is it agreed that this proposal does not warrant further scrutiny? Agreed.

No. 5.10, COM (2007) 42, is a proposal for an amending regulation introducing exceptional trade measures for countries and territories participating in or linked to the European Union's stabilisation and association process. In 2000, a regulation was agreed that provided for trade concessions in respect of the states of the western Balkans. Following the conclusion of separate agreements with Albania and the Former Yugoslav Republic of Macedonia, the Commission proposes to amend the earlier regulation concerning the products encompassed by the agreements with these two states. Is it agreed that this technical proposal does not warrant further scrutiny? Agreed.

No. 5.11, COM (2007) 4, is a proposal for a decision concerning the establishment of a list of arbitrators in the context of disputes arising relating to the EC-Chile agreement. The agreement between the European Community and Chile provides for the activation of an arbitration panel in the event that it is not possible to find common ground within 45 to 90 days of disagreement arising in respect of certain trade matters. This proposal concerns the approval of a proposal within the committee that operates the agreement for a 15-member panel of arbitrators to be established. This panel would consist of five nationals of member states, five nationals of Chile and five third country nationals. It is suggested that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

Deputy Sexton

Do we have the list of arbitrators?

Chairman

It has not yet been agreed. It is proposed to establish the panel.

Senator Dardis

There are many of them.

Chairman

There are 15. I hope they will be drinking Chilean wine while they are setting out their proposals. That is a joke.

Senator Dardis

Nevertheless, there could be substance to it.

Chairman

No. 5.12 is COM (2007) 64, a proposal for a decision concerning the establishment of an association council for discussion of issues in the context of the association agreement between the European Community and Lebanon. The proposed decision sets out the rules of procedure for operating the Council facilitating the functioning of the European Community-Lebanon agreement. Inter alia, these rules provide that the Council shall meet regularly at ministerial level once a year and that the Council will be serviced by two secretaries, one from both the European Community and Lebanon. It is suggested that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

Senator Dardis

It will be a much simpler operation for the Lebanese than it will be for the Chileans.

Chairman

I would say that. No. 5.13, COM (2007) 48, is a proposal to allow a derogation to Estonia from the regulation on drinking milk. The standard fat content for whole drinking milk in the European Community is 3.5%. Some member states have local traditions with regard to the fat content of drinking milk and, as a result, have secured derogations from the standard. Estonia has a tradition of consuming low fat milk — 2.5% — and on accession, was given a derogation to deliver and sell 2.5% fat milk marketed as "whole milk" in its own territory. The derogation is due to expire on 30 April 2007 and this proposal seeks to extend the derogation to 30 April 2009, which is the expiry date of similar derogations in place for other member states. It is suggested that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.14, COM (2007) 57, is a proposal for a decision concerning the allocation of resources under the ACP-EU Agreement to Somalia. This proposal concerns approval for EU aid amounting to €36 million to Somalia. The proposed measure indicates that the special aid would relate to institution building, as well as economic and social development. It is suggested that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.15, COM (2007) 68, is a proposal for a regulation concerning the extension of the agreement on trade in agricultural products to Liechtenstein. In view of the customs union between Switzerland and Liechtenstein that has existed since 1923, it is proposed here that the agreement between Switzerland and the European Community on trade in agricultural products be extended to include the Principality of Liechtenstein. It is suggested that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.16, COM (2007) 91, is a proposal for a directive amending the administrative rules concerning public limited companies. Both the Commission and the Department of Enterprise, Trade and Employment set out that this proposal is being presented in the context of efforts to reduce the administrative burden in the European Union. The proposal concerns the bringing into line of the two relevant directives with other European legislation, inter alia, in respect of removing the need for a company to have a report on a proposed merger by an expert if all the shareholders agree that such a report is not required. It is suggested that the proposed measure does not warrant further scrutiny and that the proposed measure be forwarded for information to the Oireachtas Committee on Enterprise and Small Business and the Oireachtas Committee on European Affairs in the context of efforts to reduce unwarranted regulation of business. Is that agreed? Agreed.

No. 5.17, COM (2007) 92, is a proposal to extend the derogation allowing the importation of certain wines from Argentina. The sub-committee previously considered this matter in October 2003, November 2004 and November 2005 when it determined that the related proposals did not warrant further scrutiny. This proposal seeks to extend permission for a further year for the offering for sale of wines imported from Argentina that have had malic acid — a derivative from apples — added to them, a practice established in Argentina to sharpen the taste of wines. The proposal would allow for an extension of the current regulation permitting the sale of such wines for human consumption within the EU until the end of December 2008.

I had a reservation about that on the previous occasion and looked at the bottles of Argentinian wine I drank, many of which do not state they contain an additive.

Senator Dardis

We need to investigate this. A study tour of Argentina is called for.

Chairman

We will consider that. Many people would like to see us visit Argentina to taste some wines. It is proposed to note the proposal. Is that agreed? Agreed.

No. 5.18, COM (2007) 82, is a proposal for a decision terminating the anti-dumping proceedings concerning imports of pentaerythirol originating in the People's Republic of China, Russia, Turkey, Ukraine, and the United States. It is suggested the proposed measure does not warrant further scrutiny. Is that agreed? Agreed. Apparently pentaerythirol is a chemical used in paints and varnishes. I should have known this but did not.

Senator Dardis

We do not need to go there to investigate that.

Chairman

No. 5.19, COM (2007) 88, is a proposal for a Council regulation terminating the review of anti-dumping measures in place concerning imports of synthetic staple fibres of polyesters originating in the People's Republic of China, Saudi Arabia, Belarus and the Republic of Korea. It is suggested the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.20, COM (2007) 123, is a proposal for a regulation imposing definitive anti-dumping measures on imports of certain frozen strawberries originating in the People's Republic of China. It is suggested the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.21, COM (2007) 55, is a proposal concerning the signature and provisional application and the conclusion of the agreement on Agreed Principles of the Modernisation of the Existing System of Utilisation of the Transsiberian Routes between the European Community and the Russian Federation. Traditionally, EU airlines are subject to a substantial overflight payment requested by the Russian Federation for transit over Siberian-Russian territory. This proposal aims to solve this problem by seeking formal conclusion of an agreement concerning this issue which was negotiated by the Commission with the Russian Federation. Agreement was reached on the abolition of Siberian overflight payments at the EU-Russia Summit in November 2006.

The main elements of the agreement are that by 2014, all overflight payments will be cost-based, transparent and non-discriminatory, all newly operated overflights will be free of payments, and the current level of payments will be reduced in 2010 for certain parts of the payments. During the transitional period, that is, from date of signature to 2014, an equalisation mechanism and fund will be used to balance costs between existing overflights, which will continue to attract payment, and newly operated overflights, which will not be subject to payment. This mechanism is designed to ensure a level playing field among community carriers.

In its information note, the Department of Transport has indicated this proposal will have no immediate effect on Ireland as no Irish carriers operate on trans-Siberian routes. The Department has also confirmed that the Government gave approval for the signature and provisional application of the agreement by Ireland and for the State's participation in the agreement establishing an equalisation mechanism. It is suggested this proposal does not warrant further scrutiny. Is that agreed? Agreed.

Senator Dardis

Does the payment depend on where one sits in the aircraft or whether one has booked on-line?

Chairman

That is a new one.

Deputy Sexton

The committee should note domestic legislation is required and that while it is said it will be advanced at the earliest opportunity, we should keep an eye on it to ensure it is. One never knows with Ryanair.

Chairman

Is Deputy Sexton proposing we keep an eye on it?

Deputy Sexton

Yes, just to ensure——

Chairman

——to keep the committee informed. No. 5.22, COM (2006) 867, is a proposal concerning certain control measures applicable to fishing activities in the area covered by the Convention on the Conservation of Antarctic Marine Living Resources. Conservation and management measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources, CCAMLR, are binding on parties to the convention and were last transposed into Community law in 2004.

Since 2004, the CCAMLR has adopted amended rules and a system of catch and effort reporting is now in place in the Community. This proposal aims to amend the existing legislation to take into account the factors mentioned above, specifically to include rules to enhance monitoring of the vessels authorised to fish in the convention area and to combat illegal fishing activities. Other measures include a prohibition on discharging waste and a tagging system for the purposes of data collection.

In its information note, the Department of Communications, Marine and Natural Resources considers this proposal to have no significance and no implication for Ireland. It is suggested this proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.23, COM (2007) 15, is a proposal for a Council regulation on the conclusion of the fisheries partnership agreement between the European Community and the Republic of Madagascar. No. 5.24, COM (2007) 16, is a proposal for a Council decision on the provisional application of the protocol setting out the fishing opportunities and financial contribution provided for in the fisheries partnership agreement between the European Community and the Republic of Madagascar. These proposals concern the conclusion of the fisheries partnership agreement between the European Community and the Republic of Madagascar and the provisional application of the protocol to the agreement setting out the fishing opportunities and financial contribution provided for in the agreement. The fisheries partnership agreement was negotiated and initialled on 21 June 2006 and, once agreed, will apply for six years until 31 December 2012.

The agreement provides Community fishermen with fishing opportunities in Madagascar's fishing zone while ensuring sustainable and responsible management of the sector. The agreement also aims to encourage economic, scientific and technical co-operation. The Department indicates these proposals have no significance and no direct implications for Ireland. It is suggested these proposals do not warrant further scrutiny. Is that agreed? Agreed.

Deputy Sexton

Our briefing note reads there will be no direct implications for Ireland. What are the indirect implications?

Chairman

The measure has direct implications for other countries but not for Ireland. No. 5.25 is a proposal for a regulation repealing Council Regulation (EEC) No 954/79 concerning the ratification by member states of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences. The convention was agreed in Geneva in 1974 with the objectives of, inter alia, facilitating the orderly expansion of world sea-borne trade and stimulating the development of regular and efficient liner services adequate to the requirements of the trade concerned. The convention also sets down rules and procedures to assist in the avoidance of abuses in arrangements for freight shipping. With this goal in mind, it had been agreed that shipping would be allocated on the basis of a ratio of 40/40/20 in relation to country of origin, country of destination and third countries.

Existing Community law permits an exemption to the treaty's ban on restrictive practices, Article 81 of the treaty, where member states that become a party to the code open to owners from other member states the proportion of trade allocated to it under the code. The Commission argues that this situation should not continue beyond the anticipated further liberalisation of the relevant market in the months ahead. Therefore under the proposal on 18 October 2008, Article 81 would apply also to this sector and those member states that are a party would be required to withdraw from the code. It is suggested the proposed measure does not warrant further scrutiny. It is also suggested the proposed measure be forwarded for information to the Joint Committee on Transport. Is that agreed? Agreed.

No. 5.26 was circulated today and concerns COM (2006) 921, a proposal to amend Directive 2000/60/EC establishing a framework for Community action in the field of water policy as regards the implementing powers conferred on the Commission. This measure is identical to numerous proposals recently considered by the sub-committee which aim to amend existing legislation to bring it in line with recent changes to the comitology procedure.

The measure to be amended is the water framework directive, Directive 2000/60/EC, and the regulatory procedure with scrutiny will be applied to powers conferred on the Commission in the directive to adopt technical specifications for analysis and monitoring of water status, to adapt annexes to take account of scientific and technical progress, and to adopt the results of the intercalibration exercise and the values established for the member state monitoring system classifications. It is suggested this proposal does not warrant further scrutiny. Is that agreed? Agreed.

Deputy Sexton

It is a little too late for Galway.

Senator Dardis

In the context of Galway, should this be sent to the Joint Committee on Environment and Local Government?

Chairman

Agreed. No. 5.27, regarding COM (2007) 148, is a preliminary draft amending budget No. 2 to the budget for 2007, general statement of revenue. The Commission is outlining amendments to the budget for 2007 in light of certain recent developments. It is suggested this proposal does not warrant further scrutiny. Is that agreed? Agreed.

There are no Green Papers or White Papers for discussion at this meeting but there are three adopted measures. No. 7.1 is a proposal for a decision on the signing, on behalf of the European Community, of the United Nations Convention on the Rights of Persons with Disabilities and its optional protocol. This is a proposal seeking a Council decision to allow the Commission to sign the UN Convention on the Rights of Persons with Disabilities and its optional protocol. The Commission had Council approval to negotiate on behalf of the Community those aspects of the new convention falling within the competence of the Community. The negotiations are complete and the text of the convention was adopted by the General Assembly of the United Nations in December 2006 and was opened for signature on 30 March 2007. The proposal was adopted at Council on 27 March 2007 to allow signing in time for the signing ceremony on 30 March 2007.

The convention aims to ensure people with disabilities enjoy the same human rights as everyone else and are able to lead their lives as fully fledged citizens who can make valuable contributions to society. Parties to the optional protocol recognise the competence of the Committee on the Rights of Persons with Disabilities to receive and consider communications from individuals or groups who claim to be victims of a violation by that party of the provisions of the convention.

Ireland signed the convention at the signing ceremony on 30 March 2007. Ireland did not sign the optional protocol because the Department considered that it would require further consideration. Why was the sub-committee not alerted before the signing? What issues prevent the Department from signing the optional protocol? We will seek an information note.

Nos. 7.2 and 7.3 were taken with Nos. 5.1 and 5.2. No. 8.1 is an initiation of a review of anti-dumping measures applicable to imports of certain plastic bags and sacks originating in the People's Republic of China. It is suggested the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 8.2 is an initiation of a review of anti-dumping measures applicable to imports of tartaric acid originating in the People's Republic of China. The Department has also indicated that tartaric acid is used, inter alia, as a food ingredient. It is suggested the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Minutes of the meeting of 8 March 2007 have been circulated. Are they agreed? Agreed. The draft 79th report has been circulated. I propose the report be forwarded to the Joint Committee on European Affairs for agreement to lay before both Houses along with appendices. Is that agreed?

A letter has been received by the sub-committee concerning the late submission of proposals (2007) 42, 47 and 64 and a post adoption letter concerning proposals (2007) 6 and 8 from the Department of Foreign Affairs. It is proposed to note these letters. Is that agreed? A letter has been received from the Irish Congress of Trade Unions indicating who to send the EU scrutiny document schedule to in advance of scrutiny meetings. It is proposed to note this letter. Is that agreed? Agreed.

Correspondence has been received from the Department of Transport enclosing an assessment from the European Council on the costs of implementing COM (2005) 592 on the liability of carriers of passengers by sea and inland waterways in the event of accidents, which was considered by the sub-committee at its previous meeting. It is proposed to forward this to the Joint Committee on Transport and the Joint Committee on Arts, Sports, Tourism, Community, Rural and Gaeltacht Affairs and to ask the Department to keep the sub-committee informed of significant developments. Is that agreed? Agreed.

No. 12 concerns the six-monthly reports from Departments. Since the last scrutiny meeting, seven Departments have submitted their six-monthly reports, as per the European Union (Scrutiny) Act 2002. The list of Departments has been circulated. It is proposed to note receipt of these reports. If any committee member wishes to receive a copy of these reports or previous reports, he or she should contact the secretariat which will forward them as requested.

Members may be interested in how scrutiny will be handled in the period between the dissolution of the 29th Dáil and the establishment of a new scrutiny committee. Departments will be asked to continue to provide information notes on all EU proposals in accordance with the four-week guideline. Advice will be drafted on all documents received. The first meeting of the scrutiny committee of the 30th Dáil will note proposals that have no major significance or implications for Ireland, based on the information notes and advice drafted by policy advisers. It will scrutinise and refer documents of significance. In regard to documents of particular significance which are received during the period subsequent to the final meeting, the Chair will be notified of any major proposal until the dissolution of the Dáil. This means we will not meet again unless a major issue arises.

Senator Dardis

The Chair will deal with any matter requiring attention.

Chairman

Before we conclude, I wish to pay tribute to the staff who have worked magnificently on the huge volume of detailed information that comes before the sub-committee. I thank them for their commitment, dedication and professionalism. I pay particular tribute to Mr. Myles Geiran, who is leaving us after being promoted to Washington. At least we will have a bed in Washington if we ever go there. He should make sure to find a two-bedroom apartment. I wish him well on his promotion to first secretary in the Irish Embassy in Washington. That is a tribute to him and the work he has done for the sub-committee and the Joint Committee on European Affairs on his many visits abroad, in particular to newly acceded member states. The level of information we have received from Departments while he was on the secretariat is appreciated by all of us. I also thank the other members of the secretariat who have accompanied us on our visits abroad for their courtesy, kindness and professionalism.

Senator Dardis

I concur in all the remarks the Chairman has made and wish Mr. Geiran well in his new post. It is remarkable what a small group of people can do in terms of processing material. They obviously work very hard and they deserve our thanks. I also thank the Chairman for the way in which he conducted the proceedings, and Senator Bradford when he had to step in. It is a tribute to those members that our meetings have been cordial and businesslike.

Deputy Sexton

I add my voice to the thanks given to the entire team and the congratulations given to Mr. Geiran on getting his new post. Of all the meetings I attend, these are without doubt the most efficient. The advice we are given means we can deal with our workload very quickly.

Chairman

I thank those in the audience who have attended all our meetings and pay tribute to the members of the media who give special attention to the sub-committee.

The sub-committee adjourned at 10.15 a.m. sine die.