JOINT COMMITTEE ON THE ENVIRONMENT, TRANSPORT, CULTURE AND THE GAELTACHT debate -
Tuesday, 4 Oct 2011

Scrutiny of EU Legislative Proposals

Chairman

A number of European legislative proposals have been received since the previous Dáil and shall be considered today. As I mentioned earlier in private session, we have summarised points.

COM (2010) 303 and 332 are related and concern the Euro-Mediterranean Aviation Agreement with Jordan. COM (2010) 339 concerns the conclusion of the common aviation area agreement between the European Union and Georgia, provisionally enforced since October 2010. COM (2010) 653 concerns the fulfilment by Croatia of conditions on the agreement on the establishment of a European common aviation area, ECAA.

COM (2010) 768 and 803 concern the agreement, on certain aspects, on air services between the EU and Saudi Arabia which have been provisionally enforced since October 2010.

COM (2010) 653 concerns the fulfilment by Croatia of conditions in respect of the agreement on the establishment of a European common aviation area, ECAA. COM (2010) 768 and 803 concern the agreement on certain aspects of air services between the EU and Saudi Arabia, which have been provisionally in force since October 2010. COM (2011) 43 and 44 concern a memorandum of co-operation between the EU and the United States of America, USA, in civil aviation research and development. COM (2011) 106 and 107 concern a memorandum of co-operation between the EU and the International Civil Aviation Organisation, ICAO. It is proposed that these measures do not warrant further scrutiny. Is that agreed? Agreed.

COM (2010) 550 concerns access to the service offered by Galileo, the global navigation satellite system. COM (2011) 124 concerns the EU's agreement on the promotion, provision and use of Galileo and GPS navigation systems with the USA. COM (2011) 51 concerns the EU's co-operation agreement on satellite navigation with Norway.

Galileo is a global navigation satellite system being built by the EU and the European Space Agency, ESA. Its development began in 1994 and will consist of 30 satellites as well as a network of ground stations. It will offer five levels of service, including a public regulated service, PRS, which is the subject of this proposal. The proposal's objective is to lay down the detailed rules for access to the PRS. The agreement with Norway formalises the co-operation between Norway and the EU in respect of Galileo.

Given Ireland's support for the proposal on COM (2010) 550 tabled by the Hungarian Presidency at the Council meeting on 31 March 2011 when the Council agreed a general approach, it is proposed that this proposal does not warrant further scrutiny. It is also proposed that the two related proposals - COM (2011) 124 and 51 - do not warrant further scrutiny. Is that agreed? Agreed.

COM (2010) 686 concerns accession by the EU to the protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea. This proposal relates to the accession by the EU and member states to a 2002 protocol to the Athens Convention, which is a maritime organisation that deals with the liability of carriers at sea in the event of an accident. Most of the provisions in the 2002 protocol were agreed in a 2009 regulation commonly called the Athens regulation. The committee understands that Ireland has no international ocean-going passenger ferries operating under its flag and that the Athens regulation does not affect passenger ships currently operating in Irish domestic traffic. It is proposed that this proposal does not warrant further scrutiny. Is that agreed?

Deputy Catherine Murphy

Several times the document refers to Ireland as it stands "currently". We are using historical information. For example, we do not currently have a relationship with Saudi Arabia and no ocean-going passenger ferries currently fly the Irish flag. When documents are prepared in future, could they anticipate the impact of these provisions were we to have the affected sectors? The reference was made generally.

Chairman

There is an extensive backlog. After we clear the backlog this afternoon, we will deal with one or, at most, two proposals at a time. We will be able to open up our scope.

Deputy Catherine Murphy

The documents should not simply tease out proposals from an historical perspective. They should tease them out from the point of view of a possibility of Ireland having, for example, ocean-going passenger ferries flying the Irish flag or new relationships within the aviation industry.

Chairman

I thank the Deputy. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Turning to the Department of the Environment, Community and Local Government, COM (2010) 375 concerns the possibility for member states to restrict or prohibit the cultivation of genetically modified organisms, GMOs, in their territories. It is proposed that this proposal does not warrant further scrutiny. Is that agreed?

Deputy Brian Stanley

It is important that we give this matter further scrutiny. According to the briefing note, current legislation does not allow member states to impose bans on genetically modified, GM, crops. Will the proposal allow new Irish legislation to alter this situation? Clarity would be important.

Chairman

I am informed that there will not be separate Irish legislation. I assume the Deputy is referring to the issue of subsidiarity.

Deputy Brian Stanley

Have we any mechanism to restrict the use of GM crops?

Chairman

Ireland does not facilitate the production of GM crops within our jurisdiction. From my understanding, our position will not change as a result of this proposal.

Deputy Brian Stanley

Can we be forced to do so by the EU?

Chairman

I am informed that this proposal will strengthen Ireland's position. It is proposed that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 49 concerns the Convention on Biological Diversity, in particular the Nagoya Protocol on access to genetic resources. It is proposed that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 71 to 74, inclusive, are related and concern the framework programme of the European Atomic Energy Community for nuclear research and training activities. This is a separate matter from the other issue we discussed. It is proposed that these proposals do not warrant further scrutiny. Is that agreed? Agreed.

COM (2011) 189 codifies or, as we understand it, consolidates the directive on the assessment of the effects of certain public and private projects on the environment. It is proposed that this codification proposal does not warrant further scrutiny. Is that agreed? Agreed.

We will turn to Part 2 on adopted measures in respect of the Department of the Environment, Community and Local Government. COM (2011) 141 and 147 concern the joint undertaking status of HKG, which is the operator of a thorium high temperature reactor nuclear power station in Germany. It is proposed that these adopted measures do not warrant further scrutiny. Is that agreed? Agreed.

We will turn to Part 1 on matters that may require further action. COM (2010) 618 is a proposal for a Council directive on the management of spent fuel and radioactive waste. While it is understood that Ireland has a good licensing system governing the custody, use, importation and disposal of radioactive sources, it is important that additional resource requirements with regard to storage, monitoring and disposal of waste radioactive source arising from this directive be examined. It is proposed to write to the Minister for the Environment, Community and Local Government. If members wish to amend the proposal, we can seek a comprehensive briefing on the implications arising for Ireland.

Deputy Kevin Humphreys

I support the Chairman's suggestion. While I accept that we have a good licensing and governance system, that spent nuclear waste has been kept in storage for a long period presents a problem dating back several decades. The Minister should address the issue of spent fuel and radioactive waste, but we must address the historical problem as soon as possible. It dates back as far as our discussions on Carnsore Point and nuclear energy. An amount of nuclear waste left over from that period has not been dealt with in a proper manner.

Deputy Paudie Coffey

It is important that we not have the Minister's opinion alone. Could we also ask the Radiological Protection Institute of Ireland, RPII, to issue a report to us on the implications of such directives?

Perhaps it could appear before the committee because this is an important matter and it has the expertise as the agency responsible for the area. We should contact it on the matter.

Chairman

We can agree to this, but I need to be clear on the procedures with all members. In the first instance we are responding to the EU directive and the ministerial function of it. Deputy Kevin Humphreys suggests broadening the scope of this to include existing problems which are legacy issues from prior to the directive. Deputy Coffey proposes we broaden the debate to include the Radiological Protection Institute of Ireland. These three actions go in different directions and I am agreeable to putting them to the floor.

Deputy Kevin Humphreys

It is important when we deal with regulations that we also deal with the legacy issues. I thank the Chairman for taking this point.

Chairman

I will separate them into two proposals. The first is to amend the proposal to write to the Minister for the Environment, Community and Local Government to seek, along with a comprehensive briefing on the implications for Ireland of the directive, a briefing on the legacy issues. The second proposal is that we include this matter in our work programme and invite the Radiological Protection Institute of Ireland to appear before the committee to discuss it. Is that agreed? Agreed.

COM (2010) 475 concerns a directive establishing a single European railway area. Given Ireland's small and isolated rail network and the derogations which currently apply to Ireland, many of the changes being proposed by this proposal may not apply to Ireland in the short term. It is important, however, that it is understood how the proposal, the related Commission communication document and other Commission proposals may apply in the short and medium term to our railway network.

It is proposed that the committee will invite representatives of the Department of Transport, Tourism and Sport and Iarnród Éireann to meet the committee to discuss the Irish railway network and in particular the EU railway packages and proposals and how they apply or may in future apply to the network. Is that agreed? Agreed. We can now begin to organise inviting Iarnród Éireann to the committee. I will speak to the clerk about facilitating this meeting prior to Christmas. Deputy Seán Kenny proposed in private session that Northern Ireland Railways be considered in this context and I will ask the clerk to see whether Iarnród Éireann can deal with the issue prior to appearing before the committee.

Deputy Seán Kenny

There is a cross-Border dimension to this, for instance, rail travel to Donegal through Derry. It would be better if we invited Northern Ireland Railways to the meeting.

Chairman

This is similar to the previous matter whereby one proposal is to deal specifically with the directive and the other is to deal with its broader implications. I propose we publish on the committee's webpage a list of the full title of each proposal and the decision of the committee? Is that agreed? Agreed.

With the members' permission, I will suspend the meeting briefly prior to dealing with our next item of business to allow witnesses to take their seats. Is that agreed? Agreed.

Sitting suspended at 3.23 p.m. and resumed at 3.25 p.m.