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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) díospóireacht -
Thursday, 26 Feb 2004

Scrutiny of EU Proposals.

We have much business to get through. Today we will deal with Nos. 1.1 to 1.18. When we get to No. 1.17, I will propose that we defer a decision awaiting further information. No. 1.1 is a proposed directive regarding the use of frontal protection systems on motor vehicles. It is COM (2003) 586 and sets out technical specifications. The Department's information note says that it supports the proposal, as it believes that it will have positive effects on road safety. It is proposed not to send it for further scrutiny. Is that agreed? Agreed.

No. 1.2 is COM (2003) 736, a proposed amendment to the directive on statistical surveys of milk and milk quotas. At its meeting in June, the sub-committee determined that the amendment did not warrant further scrutiny. The amended text under consideration relates to amendments tabled in the European Parliament and accepted by the European Commission. Inter alia, they would allow for the collection of data at the level of an enterprise or several local units if commercial considerations required it and abolish the need for the collection of data on the quantities of the main milk products reused in the production chain. Is it agreed that the proposal does not warrant further scrutiny? Agreed.

It is proposed to takes Nos. 1.3 and 1.4 together. No. 1.3 is COM (2003) 765, which is a proposed regulation on the fishing agreement with the Republic of Guinea. No. 1.4 is COM (2003) 766, which is the proposed decision on the conclusion of the agreement in the form of an exchange of letters concerning the provisional application of the protocol defining for the period 1 January 2004 to 31 December 2008 on the fishing opportunities and the financial compensation provided for in the agreement between the European Economic Community and the Republic of Guinea on fishing off the Guinean coast. The Commission's memorandum to the proposal outlines that the adoption of the decision is required to give effect to the temporary application of the agreement through an exchange of letters pending its definitive implementation through the proposed regulation. The Department's information note indicates that Irish fishermen, to date, have not expressed an interest to fish in the area covered by the agreement. It is proposed to note the two proposals and they do not warrant further scrutiny. Is that agreed? Agreed.

COM (2003) 783 is a proposed Council decision concerning the Hague Convention on the law applicable to certain rights in respect of securities held with an intermediary. The Hague Securities Convention was agreed in the context of the Hague conference, about which members have received a note. Its text was signed by all member states on 13 December 2002. The convention, which aims to address the difficulties that have arisen in the electronic age - it must be something to do with voting - sets out that the securities held, for example, in electronic book entry form will be governed by the law designated in the contract between the owner and the intermediary entrusted with securities.

The Department's information note indicates that the main significance of the proposal for Ireland, beyond the provision of further legal certainty of this question, is that it is likely to be adopted during Ireland's Presidency. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

As regards this particular proposal, I recall a court decision that may or may not be relevant. It arose from the collapse of the Morrogh stockbroking firm. In that case a decision was made as regards shares held in electronic form by the stockbroker, which caused many problems in the market generally. I merely raise the question as to whether the outcome of that judgment, which did cause problems, has been taken into account by the relevant Department in the consideration of this proposal. I am merely drawing attention to it.

Perhaps we can refer the Deputy's comments to the Department concerned to ensure it is considering this aspect. Is that agreed? Agreed.

COM (2003) 814 is a proposed directive on plant protection products containing micro-organisms. All plant protection products put on the market in the EU are evaluated according to Council Directive 91/414/EEC. The objective of the evaluation is to identify and assess, on a scientific basis, the potential adverse effects on human and animal health and the environment. Currently, the evaluations concern the listed contents of plant protection products. The proposal seeks to widen the scope of the current system to encompass plant protection products also containing micro-organisms. It is argued in the memorandum to the proposal that EU-wide regulations are required to ensure that evaluations take place in a consistent manner.

It is proposed that, while the proposal does not warrant further scrutiny, it should be forward to the Joint Committee on Agriculture and Food for information. Is that agreed? Agreed.

COM (2003) 817 is a proposed regulation establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture. Under Regulation (EC) No. 1467/94 the Commission called for projects to assist in, inter alia, the conservation and utilisation of genetic resources for use in agriculture, for example the seeds of rare vegetable and fruit varieties. As agriculture becomes more intensive and reliant on genetic uniformity it becomes increasingly important to have a wide spectrum of genetic material available to address the problems of pests and disease. The Commission is seeking in this proposal to allocate a further €10 million to a programme similar to the one currently in operation. The new programme would, however, encourage the use of existing materials or databases and the development of a web-based inventory of collections. The Department’s information note highlights that the programme would open funding opportunities for eligible projects in Ireland.

It is proposed that this does not warrant further scrutiny but that it be forwarded to the Joint Committee on Agriculture and Food for further information. Is that agreed? Agreed.

COM (2003) 818 is a proposed regulation establishing measures for the recovery of the southern hake and Norway lobster stocks in the Cantabrian Sea and western Iberian peninsula. The Department's information note indicates that the proposal is not of significance for Ireland, which does not have a quota in these areas. It is proposed therefore that this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2003) 819 is a proposed regulation establishing measures for the recovery of the sole stocks in the Western Channel and the Bay of Biscay. Members will have seen that the Department's information note outlines that this proposal has no implications for Ireland which does not have an allocated quota for these stocks. The objective of the proposal is to rebuild stocks up to a safe level within five to ten years. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2003) 834 is a proposed Council decision providing macro-financial assistance to Albania. Albania is one of Europe's poorest countries with a per capita GDP of approximately $1,400. The 1992 elections there followed two years of political evaluation and ended 47 years of communist rule. The International Monetary Fund in its January 2004 review of performance under Albania’s IMF-supported programme for poverty reduction and growth facility noted that while it had remained uneven, “macro-economic stability has continued and structural reform has accelerated somewhat”. The memorandum to the proposal indicates that the assistance would be used, inter alia, for administrative reform. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

COM (2003) 841 is a proposed directive on the common system of taxation applicable to interest and royalty payments made between countries of different member states. Council Directive 2003/49/EEC provides that it is necessary "to ensure that interest and royalty payments are subject to tax once in a member state" and lists the types of companies benefiting from the measure. This proposal, in common with a number of similar proposals previously considered by the sub-committee, seeks to widen the scope of the measure to include the European company. This will allow from 8 October 2004 a company established in a member state and carrying out business in more than one member state to operate with one set of company rules. The proposal would also encompass, inter alia, Irish unlimited companies.

The current directive seeks to ensure that double taxation on the payments concerned cannot take place. The Department has indicated that the proposed measure will not impact on such tax obligations for individuals. It is proposed that while the proposal does not warrant further scrutiny, it should be forwarded to the Joint Committee on Finance and the Public Service for information. Is that agreed? Agreed.

COM (2003) 854 is the proposed regulation establishing a European Centre for the Development of Vocational Training. The centre, based in Thessaloniki, was created in 1975 and provides policy makers, researchers and practitioners with information to promote a clearer understanding of developments in vocational training. Among the tools it uses for this task are an interactive website for the exchange of views and information; a newsletter; and a professional journal for the publication of academic papers etc. on vocational training.

The Department's information note categorises the proposal as purely technical. It is proposed that while the proposal does not warrant further scrutiny, it be forwarded to the Joint Committee on Education and Science and the Joint Committee on Enterprise and Small Business for information purposes. Is that agreed? Agreed.

COM (2003) 855 is the proposed Council decision on the accession of the Community to the Convention on the Conservation and Management of Highly-Migratory Fish stocks in the western and central Pacific ocean, the WCPFC. This proposal seeks approval for the accession of the European Community to the convention. The WCPFC area of competence accounts for 60% of the world's tuna resources. The Community, according to the Departmental note, fished in these waters under private contracts for a number of years. The conclusion of a bilateral agreement with Kiribati in 2003 has deepened the official involvement in the industry. The first official meeting of the WCPFC is likely to take place in October 2004.

It is proposed that this does not warrant further scrutiny but that the Department be requested to inform the committee of the level of contribution which the Community will be obliged to make to the Fisheries Commission. It is proposed to note. Is that agreed? Agreed.

COM (2004) 35 is a proposed directive imposing an obligation on member states of the EU to maintain minimum stocks of crude oil and-or petroleum products. The Council directive that imposed an obligation on member states of the EEC to maintain minimum stocks of crude oil and/or petroleum products has been amended on a number of occasions. The Commission is seeking to codify these measures.

The Commission's memorandum to this proposal sets out that the proposal "fully preserves the content of the directives being codified and hence does no more than bringing them together with only such formal amendments as are required by the codification itself." It is proposed to note this. Is that agreed? Agreed.

COM (2004) 46 is the proposed Council decision extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement. The proposal seeks to extend for a further period of one year the application of certain measures against Zimbabwe. The information note from the Department of Foreign Affairs indicates that the measures were introduced by the EU in response to the violation of human rights in that country.

The measures taken to date concern the suspension of budgetary support and support for development projects. No additional negative measures are sought in the proposal. This, according to the information note, is to reduce the possibility of further impacting on the Zimbabwean people.

I cannot let the opportunity pass without recalling my continuing frustration at our impotence, the impotence of the EU and the world in standing back from what is happening in Zimbabwe. I accept the need to ensure that whatever measures are taken do not impact on the unfortunate people of Zimbabwe who suffer most. However, I am still not convinced that other steps do not exist that might be taken, such as seizure of assets. I do not object to the proposal, but I am using the opportunity to vent my frustration at the appalling events in Zimbabwe and the absolute impotence of the EU in confronting them.

There is another measure later on which widens the restriction.

Is that agreed? Agreed.

COM (2004) 58 is a proposed regulation protecting deep water coral reefs from the effects of trawling in certain areas of the Atlantic Ocean. The information note from the Department of Communications, Marine and Natural Resources indicates that the proposed measures would have "no implications of consequence for Ireland", as fishing can continue in the waters concerned and the vessels fishing these waters would be mainly Spanish and Portuguese. This concerns certain fishing gears which damaged the coral by bottom-trawling. The proposal does not warrant further scrutiny. Is that agreed? Agreed.

I mentioned at the outset that it is proposed to defer COM (2004) 67 because we are seeking further information on what consultation took place. We will consider it at the next meeting. Is that agreed? Agreed.

COM (2004) 88 is a proposed regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of sodium cyclamate originating in China and Indonesia. In this proposal, the Commission is seeking to make the anti-dumping duties imposed in September 2003 definitive. It is proposed that this does not warrant further scrutiny. Is that agreed? Agreed.

I propose that Nos. 1.11 to 1.18, excluding 1.17, do not warrant further scrutiny and should be forwarded for information to the sectoral committees. As agreed, 1.17 will come before the committee when we have further information.

The next set of proposals are the documents which it is proposed to refer to sectoral committees for further scrutiny. These are Nos. 2.1 to 2.7. No. 2.1 is COM (2003) 767 which is a proposed regulation of the European Parliament and of the Council on the implementation of the International Safety Management - ISM - Code within the EU.

In November 1993, the international maritime organisation adopted an international code for safety and pollution prevention. The code sets out practice for the maintenance of equipment and outlines safety procedures that should be followed. Following the MV Estonia tragedy, the proposed memorandum outlines European legislation which, in 1995, made it mandatory for all roll-on, roll-off passenger ferries operating to or from ports of the member states on a regular service to comply with the IMO code. This proposal would, inter alia, widen the requirement for compliance to include cargo ships, passenger ships engaged in international voyages and passenger ships engaged in domestic voyages regardless of their flag.

The Department of Communications, Marine and Natural Resources has indicated that the proposal would result in ferry boats carrying over 12 passengers having to comply with the regulations for the first time. This may have implications for ferry services to the inhabited islands. It is proposed that the note be referred for further scrutiny to the Committee on Communications, Marine and Natural Resources.

My constituency has seven inhabited islands. This proposal most likely will impact on the ferries operating to those islands and to the other inhabited islands around the coast. What is being done here is to introduce new regulations to apply to all ferries carrying over 12 passengers, when there should be an intermediate stage. The regulations that apply to the boat to Sherkin Island should not be the same as those which apply to the MV Ulysses - which I believe is the biggest in the world - and which is now coming into harbour here. I ask whether there would be any possibility of having graded requirements for the smaller ferry boats.

These are issues that the committee can clarify. We should send it to them for detailed consideration. Is that agreed? Agreed.

Our concern is noted.

COM (2003) 789 is a proposed regulation of the European Parliament and of the Council on the compilation of quarterly non-financial accounts by institutional sector. Ireland, that is the CSO, is in the process of putting in place a new system for the reporting of national accounts on an annual basis to EUROSTAT. Ireland had received derogation from this EU requirement until September 2005. Currently, these statistics are compiled by the CSO on the basis of sectors of activities, such as agriculture. It is argued, however, that statistics also based on the main institutional sectors of the economy, that is, general government, households, financial corporations and non-financial corporations, should offer the ECB a clearer picture of cyclical economic activity in the member states and the EU.

The CSO has indicated that it will be seeking a derogation of three years from the proposed measures and that its introduction will necessitate additional resources. It is proposed to refer the proposal to the Joint Committee on Finance and the Public Service for further scrutiny. Is that agreed? Agreed.

It is proposed to take Nos. 2.3 and 2.4 together. No. 2.3 is COM (2003) 827 which is the proposed Council decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent. No. 2.4 is COM (2003) 828 which is a proposed Council decision establishing the Community Patent Court and concerning appeals before the Court of First Instance.

A patent which is a legal title granting its holder exclusive right to make use of an invention for a limited time is currently obtainable in Europe through national patent offices or the European Patent Office, the EPO, in Munich. The EU member states, plus most states in Europe, are a party to the EPO and a European patent can be obtained by filing directly with the EPO, or via a national office, a single application for a patent in one of the official languages of the EPO, such as English, French or German. A European patent affords the holder the same rights in the designated contract states as a national patent granted in these states and legal disputes concerning a European patent are resolved through the national courts.

The Commission, in its memorandum for this proposal, argues that legal uncertainty can arise for holders of a European patent as litigation on the same issues concerning a patent in the national courts across the EU and beyond can result in variable outcomes.

COM (2000) 412 seeks to put in place a "unitary" patent enjoying the same application across the member states. The Department has indicated that one of the main questions yet to be resolved among member states is the number of languages in which the application for a patent may be made. Another issue to be resolved is the legal standing of translations. The Department has indicated that this proposal may be discussed at the competitiveness Council in March.

COM (2003) 827 seeks to confer on the European Court of Justice, at the latest by 2010, jurisdiction for such matters and COM (2003) 828 seeks to establish a Community Patent Court within the European Court of Justice through the establishment of a judicial panel. The package of proposals may result in Irish rights holders of Community patents having greater legal certainty as to their enforceable rights.

The Department's information note also indicates that proposals 827 and 828 may necessitate an amendment to the European Communities Act 1972. It is proposed that COM (2003) 827 and COM (2003) 828 be referred for further scrutiny to the Joint Committee on Enterprise and Small Business and forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information. Is that agreed? Agreed.

COM (2003) 831 is a proposed amendment to regulation on the application of social security schemes to employed persons and their families moving within the Community, and in respect of the alignment of rights and the simplification of procedures. This amended proposal is a revised text of COM (2003) 378 that was considered by the sub-committee at its meeting on 9 September and referred to the Joint Committee on Health and Children for further scrutiny. The aim of the core proposal is to align the entitlement to receive health care during a short-term stay in another member state.

The European Parliament proposed, and the Commission has accepted for inclusion in this revised text, a number of amendments. These would provide for, inter alia, the entry into force of the new regulation on the same day as the introduction of the European health insurance record on 1 June 2004, which replaces the E111 form and which indicates that each holder has an entitlement to medical attention that is “necessary” during his or her stay in another member state. At present employed persons are entitled to “immediately necessary” care. The Department classifies the proposal as one of some significance. The Department has also indicated in its information note that it is not possible to be definitive on the national implications as it is not possible to determine likely future demand and that in Ireland many elements of the measure are already being implemented. It is proposed that the amended proposal be referred to the Joint Committee on Health and Children for further scrutiny. Is that agreed?

It could be tested in the coming months.

It could well be. Is that agreed? Agreed.

COM (2004) 30 is a proposal for a Council regulation on actions in the field of bee-keeping. This proposed measure includes a report on honey production and related national programmes. The report highlights that the EU has a honey deficit and must import half of the honey consumed, self-sufficiency in the years 2001-02 being 45.9%. The proposal seeks to have national programmes drawn up for a period of three years, rather than one, and to have these drawn up in collaboration with representatives organisations and bee-keeping co-operatives. EU financial support would also be available to apiculture programmes - I believe the figure to be 50% - as a result of this proposal. It is proposed to forward the proposal, including the report to the Joint Committee on Agriculture and Food for further scrutiny. Is that agreed?

There is a sting in this somewhere.

All very predictable.

Where do we get it from? I understand from the secretariat that it is imported from Argentina, South America and Canada. Is there money in it, if one is looking for alternative uses of land?

Is that agreed? Agreed.

COM (2004) 80 relates to the opinion of the Commission on the European Parliament's amendments to the Council's common position on setting standards of quality and safety for the donation, procurement, testing, processing, storage and distribution of human tissues and cells. This proposal is an amended text of the proposal COM (2003) 340 considered by the sub-committee at the meeting of 9 September 2003 and referred to the Committee on Health and Children for further scrutiny. It is indicated by the Department that the European Parliament amendment to the proposal is aimed at clarifying the objectives of the measure. The final text of the amended proposal has not been agreed. The Department has undertaken to forward this as soon as it is available. It has, however, forwarded a text outlining its understanding of them, which has been circulated to members.

The original proposal seeks to set standards for the donation, procurement, testing, processing, handling and storage of tissues and cells. It also requires that national authorities be established to oversee their implementation. Measures provided for in the original proposal include training requirements, accreditation of establishments and ensuring the traceability of tissues and cells from donors. I understand the Department has indicated it is likely that the proposal will be adopted in the next month or so. A detailed note has been forwarded on the European Parliament's amendment to the directive on quality and safety standards on tissues and cells dated February 2004, which runs to 77 comments.

I draw members attention in particular to Nos. 6 and 57, which seem to suggest that member states should promote the donation of tissues and cells, including hematopoietic progenitors of high quality and safety, thereby also increasing self-sufficiency in the Community. This refers to promoting foetal tissues and cells as well as adult and embryonic cells referred to in No. 6. There is no reference to national laws, which govern this at present. There is little law in Ireland and the Commission on Human Reproduction will not report until the summer. The State has been asked to do something which may not meet with its national ethical or registry position. That is a recommendation of the European Parliament, but a decision has not yet been made in any event. I propose we do the same as we did with the prior proposal and send it to the Joint Committee on Health and Children for its scrutiny.

There seems to be a very long delay in getting the proposed guidelines from the bodies considering them. Why is that? Are there difficulties in reaching agreement or would that be a normal delay?

I understand from the research that has been done that it is becoming increasingly complicated. For example, even a hip operation involves skin tissue and the question then is whether skin tissue should be safeguarded. This is not the same issue as the issue of embryo research itself, which was sent to the Joint Committee on Enterprise and Small Business. This deals with the processing, storage, procurement, donation, safety, distribution and so on.

The original information note states that the scope does not apply to blood, blood products, organs or in vitro. Is this new regulation an amendment made by the Parliament as part of an opinion on the document itself?

This is more than an opinion; it is a European Parliament amendment which has been accepted in principle by the Commission. I think it would also have to be accepted by the Council. If our committee on health examines this and makes comments it can send them to the Minister for Health and Children. Before he makes his decision at the Council he can have the benefit of hearing the committee's report. Is that agreed? Agreed.

We are now moving to proposals which were adopted prior to scrutiny. COM (2003) 786 is a Council decision concluding the consultation procedure with Haiti under Article 96 of the ACP-EC partnership agreement. Haiti, the first Caribbean state to achieve modern independence, has experienced oppression and elections marked by irregularities and fraud. These are the findings of OAS observer missions. The Commission's memorandum to this measure highlights that democratic principles are still not upheld in Haiti. European Union aid has in recent years been directed at strengthening civil society and the work of the private sector, rather than in direct co-operation with the government of Haiti. It is proposed to note the measure and to forward it to the Joint Committee on Communications, Marine and Natural Resources for information. Is that agreed? Agreed.

I think we should send the Chairman on an exploratory mission to Port-au-Prince. I think he might have a calming influence on the situation there.

The Chair notes Deputy O'Keeffe's ongoing love of the Chair. There is no need to send this anyway. It is sufficient just to note it.

Things are very bad there and likely to get worse.

COM (2003) 848 is a Council regulation terminating the anti-dumping proceedings concerning imports of sacks and bags made of polyethylene or polypropylene originating in China, India, Indonesia and Thailand. This measure terminates the review of the market and anti-dumping duties in place since 1997 on imports of certain plastic sacks and bags originating in China, India, Indonesia and Thailand. The measure was adopted on 10 February by the Council. It is proposed to note the measure. Is that agreed? Agreed.

I want to make a comment on this Department's approach to matters. I suspect that this regulation is innocuous enough and it would not have been impossible to have it in front of us prior to being adopted.

It was forwarded to us, but not until 2 February, and it was adopted on 10 February. The committee was not in session then. It is not good enough. These are issues which are ongoing and the committee is pressing this with every Department. This sort of practice may well be the subject of a report to both Houses. It is proposed to note.

COM (2004) 27 is a Council regulation imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in places such as Romania in so far as it concerns imports into the European Community of products manufactures by Petrotub SA and Republica SA. This proposal sought to amend 2320/97 and set duties based on evaluations using the correct methods and calculations. The duties imposed are on an ad valorem basis of 9.8%. However, the measure outlines that the companies have given price undertakings to the Commission, which should mean that the duties would not come into play. It is proposed to note the measure. Is that agreed? Agreed.

COM (2004) 31 was also adopted but forwarded to the committee on 2 February and adopted on 10 February. It is a Council regulation imposing a definitive anti-dumping duty on imports of sulphanilic acid originating in China and India. An investigation by the European Commission demonstrated that the anti-dumping duties that were imposed in July 2002 on imports of sulphanilic acid from China and India had been absorbed into the sale price. This suggested an increase in dumping of this product on the market in the EU. The measure sought that new rates of anti-dumping duties should be imposed and that these should be based on the new export price. The rates are 33.7% for the product originating in China and 18.3% for India and these were agreed by Council on 10 February. I understand that sulphanilic acid is used in the production of dyes. It is proposed to note the measure. Is that agreed? Agreed.

COM (2004) 82 is a Council regulation concerning certain restrictive measures in respect of Zimbabwe. Regulation 310/2002 establishing in European law the restrictive measures in place with respect to Zimbabwe was due to expire on 20 February. These measures have been in place since February 2002, as the EU Council had determined at that time that the Government of Zimbabwe was continuing to engage in serious violations of human rights and of the freedom of opinion, of association and of peaceful assembly. The restrictive measures, inter alia, concern a ban on the supply of military equipment and related technical assistance, and an EU travel ban on senior figures of the regime in Zimbabwe, including President Robert Mugabe. Exceptions to this travel ban are permitted for certain international conferences. There has been continuing concern at the situation in Zimbabwe. The proposed regulation seeks to renew the measures in place, since it deems that it is necessary to maintain restrictive measures against the Government of Zimbabwe and those who bear prime responsibility for serious human rights violations.

The proposal was formally adopted on 19 February and the Department had advised of this possibility. I think this is one of the measures of which I was advised in advance under the scrutiny procedures.

In light of the Chairman's earlier remarks I had hoped to see a toughening of the sanctions against Zimbabwe but there seems to be a renewal of the existing regime which expires on 28 February. I do appreciate the overall difficulty. What does one do when a sovereign state makes virtual slaves of its own people? I know it is part of a broader issue and I accept that it is not possible to impose measures that will not make the lot of the people worse. It is an issue that will have to be considered as the EU acquires more and more political relevance in the world. Obviously I have no objection to this particular measure.

I am sure the committee agrees with those views. I understand that this proposal does go much further than previously. For example, the head of the Zimbabwean commission on the media and the head of the Zimbabwean commission on elections have been included in the ban for the first time. Clearly the EU is trying to get its message across.

Is there any possibility that their assets abroad could be seized?

Maybe I could stop off there on my way back from Haiti.

What a marvellous idea.

It is proposed to note the measure. Is that agreed? Agreed.

No. 4 deals with common foreign and security policy measures, of which the Chair was notified in advance under the confidential briefing to the scrutiny committee procedure.

CFSP (2004) 85 is a common position concerning conflict prevention management and resolution in Africa. This common position builds on the outlining of EU perspectives on Africa in the Council common position of 14 May 2001 concerning conflict prevention management and resolution in Africa. In particular, it highlights a number of declarations and post-summit communiqués that had been agreed since the previous common position. These include the joint position on UN-EU co-operation on crisis management of 24 September 2003 and the final communiqué of the Africa-Europe ministerial meeting of 28 November 2002.

The joint declaration restates that primary responsibility for the maintenance of international peace and security rests with the UN Security Council and recalls recent examples of co-operation between the two organisations. The declaration also establishes a joint consultative mechanism to further co-operation. The communiqué noted the commitment of the EU to combat communicable diseases in Africa. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2004) 86 is a joint action appointing the European Union Special Representative in the former Yugoslav Republic of Macedonia, FYROM. Through Joint Action 2003/870/CFSP, the General Affairs and External Relations Council, GAERC, on 8 December 2003 extended the mandate of the EU Special Representative in FYROM until 30 June 2003. At that stage it had been envisaged that Mr. Soren Jessen-Petersen would take over this post from then incumbent Mr. Alexis Brouhns in the new year. On 26 January 2004 the GAERC adopted this joint action formally appointing Mr. Jessen-Petersen, and he took up his new position on 1 February 2004. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2004) 133 is a common position on restrictive measures against extremists in the former Yugoslav Republic of Macedonia. The measure provides for a travel ban on entry to the European Union aimed at extremists believed to be endangering the peace in Macedonia. The list of those concerned had been proposed by the EU Special Representative and supported by the Government of Macedonia. The measure provides for exceptions on the grounds of urgent humanitarian need or attendance at intergovernmental or political dialogue meetings. It is proposed to note the measure. Is that agreed? Agreed.

The minutes of the previous meeting of 5 February have been circulated. Are the minutes agreed? Agreed.

I propose to defer consideration of the twenty-seventh report of the sub-committee to the next meeting. Is that agreed? Agreed.

Under the legislation on scrutiny, we are obliged to report to both Houses of the Oireachtas on the workings of scrutiny up to the end of December 2003. I propose to bring a report to the next committee meeting as to the progress on the compilation of that report. Is that agreed? Agreed.

The sub-committee adjourned at 10.23 a.m. until 10 a.m. on Thursday, 11 March 2004.
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