JOINT COMMITTEE ON JOBS, SOCIAL PROTECTION AND EDUCATION debate -
Wednesday, 19 Oct 2011

Scrutiny of EU Legislative Proposals

Chairman

The first measure is COM (2011) 241 concerning a scheme of generalised tariff preferences. The generalised tariff preference scheme is part of the EU trade policy with the rest of the world and a key priority is to help developing countries to benefit from globalisation, in particular by linking trade and sustainable development. Irish Aid, which is the Irish programme of assistance for developing countries has an overarching objective - poverty reduction - and therefore this proposal is of interest in the context of Ireland's wider foreign policy. Given the available information, it is proposed that this proposal does not warrant further scrutiny. It is proposed, however, that the proposal be sent for information to the Joint Committee on Foreign Affairs and Trade. Is that agreed? Agreed.

The next measure is COM (2011) 231, which concerns a prolonging of the autonomous duty suspension for certain types of monitors. COM (2011) 269 seeks to amend the autonomous tariff quotas for certain agricultural and industrial products. COM (2011) 270 seeks to maintain the suspension of duties for some items and withdrawing the suspension for others on certain industrial and agricultural products. COM (2011) 259 concerns temporarily suspending autonomous common custom tariff duties on imports of certain industrial products into the Canary Islands.

It is proposed to note COM (2011) 231, COM (2011) 269 and COM (2011) 270 and to agree that COM (2011) 259 does not warrant further scrutiny. Is that agreed? Agreed.

The third measure is COM (2010) 781, which concerns the control of major accident hazards involving dangerous substances. This proposal will repeal and replace the current provisions established by the Seveso 11 Regulation of 1996 on the control of major accident hazards involving dangerous substances. The Department launched a public consultation on the proposal to help clarify the implications of the proposal and these are being assessed as part of the regulatory impact assessment being prepared, which in turn will inform the negotiating position. COM (2011) 348 concerns the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents such as electromagnetic fields. The Commission indicates that an earlier directive in 2004 on the matter excessively limited the medical community's use of MRI equipment in hospitals, resulting in calls for more practical limits and a replacement directive. It states that this proposal will provide sufficiently high levels of protection, while allowing medical and industrial use of electromagnetic fields to continue. COM (2010) 597 concerns the use of phosphates and other phosphorous compounds in household laundry detergents. This proposal amends regulation EC/648/2004 by introducing a limitation on the content of phosphates and other phosphorous compounds in household laundry detergents. It is proposed that these proposals do not warrant further scrutiny. Is that agreed? Agreed.

The fourth measure is COM (2011) 215 and COM (2011) 216 and concerns the use of enhanced co-operation in the area of unitary patent protection. The Department of Jobs, Enterprise and Innovation indicates that unitary patent protection with 25 member states subscribing, would enable Irish based households with patents to seek protection for their patents across 25 member states, 79% of the territory of the EU, for a fraction of current costs.

COM (2011) 288 concerns expansion of the responsibilities of the European Observatory on Counterfeiting and Piracy in areas of counterfeiting, piracy, copyright and patents. Ireland already participates in the observatory and sees the expansion here in a positive light.

COM (2011) 289 concerns the creation of a legal framework for the use oforphan works, which are works such as books or certain cinematographic or audio works that are still protected by copyright but where the owners of the copyright are not known or cannot be located in order to obtain rights clearances. It is proposed that these measures do not warrant further scrutiny. Is that agreed?

Deputy Willie O’Dea

Is item No. 4, the unitary EU patent, as opposed to the present EPS system?

Chairman

Yes.

Deputy Willie O’Dea

How far advanced is this proposal?

Chairman

It is being negotiated. Some countries have a concern with it and are taking legal action. It is still in negotiation, but the process has been stalled. Would the Deputy like more information? If so I will put it back on the list.

Deputy Willie O’Dea

I will communicate with the Chair.

Chairman

That is no problem. Should the Deputy want to return to this on another day, we can facilitate him.

The fifth measure is COM (2011) 379 and COM (2011) 380, which concerns an anti-counterfeiting trade agreement between the EU and a number of countries. COM (2011) 394 and COM (2011) 395 concern an agreement on scientific and technological co-opertion between the EU and Algeria. COM (2011) 185 concerns the EU position on the accession of Vanuatu to the World Trade Organisation. It is proposed COM (2011) 185, which is adopted, be noted and that COM (2011) 379, COM (2011) 380, COM (2011) 394 and COM (2011) 395 do not warrant further scrutiny. Is that agreed? Agreed.

COM (2010) 193 concerns guidelines for the employment policies of the members states, Part 2, of the Europe 2020 integrated guidelines, which are valid for only year and must be renewed annually. The purpose of COM (2011) 6 is to ensure the guidelines for member states employment policies, as set out in Council decision 707 of 2010 are maintained for 2011 and are taken into account by the member states in their employment policies. The Department of Jobs, Enterprise and Innovation indicates that these guidelines are effected in the first national reform programme, which Ireland submitted to the Commission on 29 April 2011, when it was also laid before the Houses of the Oireachtas. It is proposed to note these adopted measures. Is that agreed? Agreed.

The seventh measure is COM(2011) 29, which contains in the main the codification for, as we know it in Ireland, the consolidation of existing directives in a particular area of company law. As it also includes a minor change to reflect changes since the Lisbon treaty, it is known as a recast, in effect, the main principles and the substances of the directive are not being changed. It is proposed that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

The eight measure is COM (2011) 79, a proposal to interconnect central, commercial and companies registerers. Ireland is already involved in the European business register and the Department has indicated that Ireland is supportive of this proposal. It further indicates that the system being proposed is a largely decentralised system that will not place any additional burdens on business and that it is not proposed that companies will be obliged to file more information or to provide additional translations, nor is there any attempt by the Commission to harmonise legal value of registrations. Therefore it is proposed that this proposal does not warrant further scrutiny. However, as the cost of developing and maintaining the new database is not clear at this stage, it is proposed to ask the Department to update the committee with regard to any significant changes to the proposal and also in regard to likely costs, when this becomes available. Is that agreed? Agreed.

COM (2011) 82 is known as the Trade: Omnibus 1 proposal. The aim of the proposal is to modify the procedures for the adoption of Acts in those trade related regulations in order to ensure consistency with the provisions introduced by the Lisbon treaty.

COM (2011) 224 concerns amending regulation No. 521208, setting up the fuel cells in a hydrogen joint undertaking. The objective of the joint undertaking for fuel cells and hydrogen FCH JU is to deliver robust hydrogen and fuel cell technologies developed to the point of commercial take-off in 2015, with a view to large-scale mass market roll out by 2020. COM (2011) 351 deals with the co-operation, standards and standardisation which play crucial roles in supporting competitiveness and protecting citizens. COM (2011) 349 is also known as the trade omnibus II proposal. It takes account of the changes introduced by the Lisbon treaty and reviews whether certain trade related regulations should be adapted in order to grant delegated powers to the Commission. It is proposed that they do not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 38; COM (2011) 39; COM (2011) 261; COM (2011) 151; COM (2011) 165; COM (2011) 317; COM (2011) 390; COM (2011) 410; COM (2011) 412; COM (2011) 449; COM (2011) 438; COM (2011) 457; COM (2011) 467; COM (2011) 477; COM (2011) 486; COM (2011) 488; and COM (2011) 493 are all technical trade related proposals which deal, inter alia, with the imposition of a termination of anti-dumping or countervailing duties on imports of goods from a number of countries. It is proposed that these do not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 233 concerns the appointment of members of the European Social Fund Committee. It is a proposal for a Council decision on appointing members to the ESFC to fill vacancies. It is proposed that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 212; COM (2011) 251; COM (2011) 258; COM (2011) 339; COM (2011) 340; COM (2011) 358; COM (2011) 386; COM (2011) 387; COM (2011) 388; COM (2011) 420; and COM (2011) 447 all deal with the applications for funding from the European Globalisation Adjustment Fund which was established by the EU in 2006 to provide assistance to workers made redundant as a result of major structural changes in world trade patterns.

The fund can be drawn down up to a maximum total annual amount of €500 million. These proposals concern applications made by six countries. Belgium, France and Germany submitted one application each. Denmark and Austria submitted two applications each. There were three applications from the Netherlands. It also includes an application for technical assistance by the Commission. The clerk has a press release from the Department on the operation of the fund. If members would like a copy we can circulate it.

Deputy Willie O’Dea

I would like a copy. I have a question on applications to the fund. Was there a proposal that the criteria for drawing down the fund were to be changed or modified, particularly in light of the experience with Dell in Limerick?

Chairman

There is no proposal at the moment but I will check the situation. The press release will clarify that the Minister has some thoughts on this but there is no directive on it. We will mark it for another discussion.

Deputy Aengus Ó Snodaigh

I wish to raise a similar point. The committee should examine the proposals of the Minister to ensure that if there are changes they will be beneficial. The Dell workers submitted an application but others are now suffering, such as those in TalkTalk and possibly those in Aviva. Will they come under the scheme or will the rules need to be changed?

The figures are substantial in the context of Ireland, a State comprising 4.5 million people, but may not be as substantial in the case of larger countries. More of the globalisation adjustment fund should be allocated to Ireland, given how open our market has been. We were encouraged to go down that road by the major nations in Europe and are suffering the consequences to a greater degree than the rest of Europe in many ways.

Chairman

We will have a discussion on the issue and bring in some officials. The proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 24; COM (2011) 65; COM (2011) 87; COM (2011) 191; COM (2011) 192; COM (2011) 197; COM (2011) 198; COM (2011) 201; COM (2011) 203; COM (2011) 207; COM (2011) 209; and COM (2011) 210 have already been adopted. They are technical trade related proposals which deal, inter alia, with the imposition of the termination of anti-dumping or countervailing duties on imports of goods from a number of countries which have been adopted. Is it agreed to note these measures? Agreed.

COM (2010) 582; COM (2010) 625; COM (2010) 631; COM (2010) 661; COM (2010) 662; and COM (2010) 685 all deal with applications for funding from the European globalisation fund which have been adopted. There is one application each from Slovenia, Spain and Poland and two each from the Czech Republic and the Netherlands. Is it agreed to note these measures? Agreed.

We now move on to early warning notes from the Department which tell us when the Commission has decided to launch an investigation into a trade matter such as alleged dumping of goods into the EU market. An investigation usually takes between nine to 15 months to be completed and on completion the Commission will issue a decision in the form of a regulation, some of which we have considered today.

EWN 2010-LT43/40 concerns a Council regulation from 2009 concerning glass fibre. The Joint Committee on European Scrutiny considered an early warning note on this at two meetings at the end of 2010. A note indicated Ireland had imposed the imposition of provisional anti-dumping duties on the import of glass fibre from China due to the negative impact duties would have on raw material costs for the users of the product. The Department of Enterprise, Trade and Innovation indicated it had advised the Commission of Ireland's concerns in regard to the matter. This note is an update with regard to that proposal. It states that given the revisions made by the Commission, which have significantly reduced the provisional of anti-dumping duty and therefore the negative impact on Irish users of fibreglass, Ireland is not opposed to the revised proposal. Given this information, it is proposed that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

The other early warning notes are: 2010-24/08; C99/13; L343/57; 2011-43/9; C102/15; C102/18; C196/05 (China); C201/5; C223/07; C509/9; C98/22; L122/47; L131/14; L169/1; and L37/2. With respect to all of them, the Department of Jobs, Enterprise and Innovation has indicated there are no reported difficulties. Is it agreed that they do not warrant further scrutiny? Agreed.

I apologise for the backlog and thank the officials for their help. We will return to two issues. I will put them on the agenda for a future meeting. Deputy O'Dea will revert to me on his issue.