Gay Mitchell
Ceist:109 Mr. G. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment the matters of dispute which remain between the EU and the US. [6545/03]
Other Questions. - Trade Disputes.
There are currently 14 active WTO disputes involving the European Union under way with the United States. In 12 of these cases it is the Union that is the complaining party, being the defendant in only two cases. The information sought by the Deputy is contained in the following table.
A majority of the EU's offensive cases against the United States concern the misuse of trade defence instruments in the areas of anti-dumping, countervailing duties and safeguards, as well as subsidy related issues. Another important category relates to intellectual property rights.
List of Active WTO Dispute Settlement Cases between the European Union and the United States
(a) Offensive cases:
DS 108 – Foreign Sales Corporation;
DS 136 – 1916 Anti-Dumping Act;
DS 160 – Section 110(5) of the US Copyright Act;
DS 176 – Section 211 of the US Omnibus Appropriations Act;
DS 186 – Section 337 of the 1930 Tariff Act on Copyrights;
DS 200 – Carousel case.
DS 212 – US countervailing measures on privatised EU firms;
DS 213 – US application of de-minimis rules in anti-dumping and countervailing duty sunset reviews; DS 214 – US safeguard measures on steel wire rod and welded line pipe;
DS 217 –"Byrd Amendment";
DS 248 – US steel safeguards
DS 262 – US sunset reviews on certain steel products;
(b) Defensive Cases:
DS 48 + DS 26 – Hormones.
DS 260 – EC provisional safeguards on steel.
Further information on each of the above cases is available on the European Union's trade website at: http://mkaccdb.eu.int/miti/dsu.
I thank the Minister of State for his reply, although I hoped to hear from the good friend of the US, the Tánaiste.
Is the Deputy not a good friend of the US?
I was not aware of a number of the measures listed, including the 12 offences mentioned by the Minister of State. At what stage are negotiations between the Government and the US Administration on the International Criminal Court, the steel war, US retaliation against the EU on the banana regime, trade disputes over GMOs and the Kyoto Protocol, which the former Minister for the Environment and Local Government, Deputy Dempsey, described as "crazy", given the close relationship the Minister has with her friends in Boston and Washington?
I will not refer to the Kyoto Protocol, as that is a matter for the Department of the Environment and Local Government. Following a 60 day consultation with EU industry late last year, during which firms formally applied to have products removed from the retaliation list, a new revised version of the list was prepared by the EU Commission for agreement and finalisation by member states. Overall, we are pleased with the outcome of this consultation process, except in the case of one firm in respect of one low value imported product. All other products imported from the US by Irish firms, of which the Department was notified, were removed from the original list. The final version of the list is expected to be agreed by member states at an EU trade policy meeting in Brussels next Friday. Irish concerns have been fully catered for and, therefore, on the assumption that the one remaining product will be removed, no Irish company will import products on the final version of the EC retaliation product list.
Relations between the EU and certain member states and America are in turmoil. I am glad the Minister is nodding in agreement. There are serious problems. Will the Minister of State comment on an article written by Senator Maurice Hayes in today's Irish Independent in which he suggested Ireland might have a role in bringing together the EU and the US to heal these rifts? I published a document which seeks the creation of a transatlantic foundation in Dublin to bring about such healing. Will the Minister of State or the Minister consider examining the Fine Gael proposal and taking a pro-active role to establish what can be done to improve understanding between the EU and the US so that contentious issues can be addressed and both can have a better understanding of each other's position as good neighbours and friendly organisations?
With regard to American relations and the use of Shannon Airport, last weekend, the Minister stated at the very least we need to be careful to look after our American interests. A Progressive Democrats source stated the dial in regard to transfer pricing in corporate tax arrangements could be turned up and down and it was possible for the transfer pricing arrangement to be changed if Ireland did not back the use of Shannon Airport by the US. Has the US Administration indicated that it would review the transfer pricing and corporate tax regime between Ireland and the US? Does the Minister believe the Progressive Democrats source was correct that our transfer pricing arrangement with America is open to question and will be reviewed by the American Administration?
The finalisation of the product list does not mean retaliatory measures will be activated, thus precipitating a trade war with the US. A Bill was introduced towards the end of the Clinton regime to repeal the 1916 Act. The Bill fell and another was introduced but that was not passed. A further Bill has been introduced by the US. I hope negotiations will continue so that the problems will be sorted out without the need for the implementation of retaliatory measures. I agree that the proper management of business between Ireland and the US is important for both the EU and the US.
Acting Chairman
I call Question No. 110.
I asked a question and I expect an answer to it.
Acting Chairman
The time has expired. I have no control over ministerial replies. I must call Question No. 110.
If the Chair gives Members the opportunity to ask questions—
Acting Chairman
The time for the question has expired.
The Chair can at least give the Tánaiste an opportunity to state whether she will answer the question.
Acting Chairman
The Deputy was entitled to one minute to ask his supplementary question and the Minister of State was entitled to one minute to reply. I must call Question No. 110.
Will the Tánaiste answer my question? I cannot get an answer to my question, which was asked within the time available.
Acting Chairman
The Deputy will have to take that up with the Ceann Comhairle's office.