It is proposed to defer consideration of the proposal. Is that agreed? Agreed.
COM (2004) 747 is an amended proposal for a directive on the harmonisation of the laws, regulations and administrative provisions of the member states concerning credit for consumers. The Commission, in 2002, outlined that credit in the EU 15 member states amounted to 7% of GDP and that this was growing at 7% per annum and often in new forms. This was resulting in member states amending national legislation to encompass new types of credit.
Directive 87/102/EEC and Directive 93/13/EC concern the harmonisation of laws, regulations and administrative procedures relating to credit for consumers. The Commission outlines its view in the memorandum to the proposal that Directive 87/102/EEC "no longer (reflects) the current situation on the consumer credit market (and is) therefore in need of revision". In September 2002, and prior to putting in place the current scrutiny process within the Oireachtas, the Commission presented a proposal for the amendment of the current EU rules governing consumer credit. Following a series of amendments presented by the European Parliament and accepted by the Commission this proposal was presented for adoption.
The Department has indicated that a consolidated text of the proposal is not currently available and that it is continuing to examine the likely practical implications of the proposal. It is, therefore, proposed that the committee defer consideration of the proposal and request the Department to make available a copy of the consolidated text when it becomes available along with an outline of its conclusions of the likely practical implications of the adoption of the proposal. Is that agreed? Agreed.
COM (2004) 731 is an amended proposal for a Council regulation concerning trade in certain equipment and products which could be used for capital punishment, torture or other cruel, inhumane or degrading treatment or punishment. The lead Department is the Department of Enterprise, Trade and Employment and other Departments concerned are the Department of Foreign Affairs and the Revenue Commissioners.
The committee considered an earlier text of this proposal in February 2003, when it was determined that the proposal did not warrant further scrutiny at that stage, given that it was likely to be amended. The general aim of the proposed measure is to ban the trade outside the Community in certain items that could be used for torture, degrading treatment and in the execution of the death penalty. There were, however, a number of issues raised about the original proposal with respect to, for example, the role of the Commission in approval for exports.
The proposal goes beyond trade issues and encompasses human rights, justice and health matters. The Department has now provided a copy of the current draft of the proposal and there appear to be substantial amendments made to the original text. The Department has indicated that the proposal is not likely to be adopted in the near future and this means that additional attention can be given to the text in advance of consideration by the sub-committee. It is, therefore, proposed that the committee defer consideration of the proposal. Is that agreed? Agreed.
The next set of proposals on our agenda are proposals where it is proposed that they do not warrant further scrutiny. COM (2004) 624 is a proposal for a Council regulation concerning the implementation of Protocol No. 4 and Protocol No. 9 regarding the Ignalina nuclear plant in Lithuania and the Bohunice VI plant in Slovakia. The lead Department is the Department of the Environment, Heritage and Local Government. There are no other Departments involved. The memorandum to the proposal sets out that Lithuania and Slovakia have only relatively recently put systems in place for the decommissioning of nuclear installations. Estimates set out for the decommissioning of the nuclear reactors are around 15% of the total investment cost.
The Commission contends that this situation requires Community solidarity and the Department indicates that it, along with other EU member states, is concerned with the continued operation of reactors in both Lithuania and Slovakia. The reactors in Lithuania are of a Chernobyl type and in Slovakia are of an early Soviet design. This proposal seeks approval for financial support for the decommissioning process and the total package of support would, over the period 2007-13, amount to just over €1 billion. Agreement to shut down the reactors was made in the context of accession to the EU and the Community has given assistance for the decommissioning process in 2000-04.
It is proposed that the proposal does not currently warrant further scrutiny. However, the combined proposed budget for the two closure programmes is substantial and is being presented in the context of the next financial perspectives. It is, therefore, additionally proposed that the proposal be forwarded to the Joint Committee on Environment and Local Government for information in the context of its consideration of COM (2004) 621 and the financial instrument for the environment, LIFE +. Is that agreed? Agreed.
COM (2004) 625 is a proposal for a Council decision on the conclusion of the agreement for scientific co-operation between the European Community and the Federal Republic of Brazil. The lead Department is the Department of Enterprise, Trade and Employment. The agreement with Brazil is based on a stated wish to extend and strengthen the conduct of co-operative activities in areas of common interest such as space, health, medicine and aeronautics. It will operate for an initial period of five years and involve, inter alia, reciprocal participation in research and technology programmes. The proposal seeks approval for the conclusion of the agreement that the Department classifies essentially as technical in nature and one which has no particular implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
I propose that the committee consider the following two related proposals together — COM (2004) 660 and COM (2004) 661. They follow on from Romania's and Bulgaria's participation in the TRAPEX information exchange system on consumer products covering the states of central and eastern Europe. In late 2003 Romania and Bulgaria sought to participate in the Community's comparable RAPEX system. Through these proposals, the European Commission is seeking approval for a positive Community position on their participation in the system. It is proposed that these two proposals do not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 664 is a proposal for a Council decision on the exchange of information extracted from the criminal record. The lead Department is the Department of Justice, Equality and Law Reform. The European Commission proposes that member states share information on criminal records concerning their nationals more speedily through a central processing authority. These actions will build on the related Council of Europe convention, to which Ireland is a party. Like a number of other parties to the convention, Ireland has expressed reservations about Article 22 to the effect that notifications of criminal records are only made if the "judicial records permit such notifications". Under the Commission's proposal, this general information will be transmitted without delay, rather than "at least once a year". It is proposed that the proposal does not warrant further scrutiny but that it should be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information. Is that agreed? Agreed.
COM (2004) 687 is a proposal for a Council regulation laying down specific measures for agriculture in the outermost regions of the European Union. The lead Department is the Department of Agriculture and Food but the Department of Foreign Affairs is also involved. In its memorandum to this proposal the European Commission outlines the arrangements for agricultural support for the outermost regions of the Union are fragmented in 56 micro measures. It, therefore, proposes in this draft regulation that the measures be replaced with a system whereby the member states concerned — Portugal, France and Spain — should submit a programme for each region that would focus on assisting supply and local production of essential agricultural lines. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 696 is an amended proposal for a Council regulation establishing an instrument of financial support for encouraging the economic development of the Turkish Cypriot community and amending Regulation EC 2667/2000 on the European Agency for Reconstruction. The lead Department is the Department of Foreign Affairs. This proposal seeks to amend Regulation EC 2667/2000 on the European Agency for Reconstruction, EAR, to allow the European Commission to entrust the agency with implementation of assistance for encouraging the economic development of the Turkish Cypriot community. The Commission contends the EAR has the capacity to attain the objectives of the aid package and that it appears to be the only possible option to deliver the aid programme to northern Cyprus rapidly. It is proposed that the proposal does not warrant further scrutiny but that it should be forwarded to the Joint Committee on European Affairs in the context of its consideration of EU related developments in the region. Is that agreed? Agreed.
COM (2004) 697 is a proposal for a Council decision amending Council decision 2001/855/EC to take account of certain treaties and trade agreements concluded with third countries by new member states prior to their accession to the European Union. The lead Department is the Department of Enterprise, Trade and Employment but the matter also concerns the Department of Foreign Affairs. Eight of the acceding countries — the Czech Republic, Estonia, Cyprus, Hungary, Latvia, Lithuania, Poland and Slovenia — requested the prolongation of certain agreements. The European Commission indicated it approved the prolongation of 17 such agreements. This proposal seeks approval for the 17 agreements to remain in force until 30 April 2005 when approval will be sought for agreements concerning the 25 member states. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
As agreed, item 5.9 will be taken as item 6.4, an adopted item. COM (2004) 724 is a proposal for a Council regulation on electronic recording and reporting of fishing activities and means of remote sensing. The lead Department is the Department of Communications, Marine and Natural Resources. The aim of this proposal is to strengthen control and enforcement in the context of the Common Fisheries Policy through the use of modern technologies. The European Commission memorandum outlines that the essential information on catches on board, species and time spent at sea is collected by the masters of the fishing vessels by recording it with a pen on paperbound log books. The same procedure is used when catches are transhipped, landed, transported or sold. This is, according to the Commission, a process that is slow, costly and conducive to mistakes.
The adoption of this proposal will see the masters of Community fishing vessels being required to record by electronic means information relating to fishing activity. This will also apply to declarations of catches landed. In addition, member states will be required to establish systems to enable the information to be forwarded to the Commission electronically. The Commission goes on to outline that the information provided could be cross-checked with information available from relevant remotely sensed images sent to earth by satellite, as an extra monitoring tool in regard to the activities of vessels.
In its note the Department indicates that it broadly welcomes the proposed measure but considers that the European Commission should await the examination of the results of related pilot projects. The Department also outlines that it is examining the proposal from an administrative and technical perspective. It is proposed that the proposal does not warrant further scrutiny but that the Department should be requested to inform the committee of the conclusions of its examination process. Is that agreed? Agreed.
COM (2004) 736 is a proposal for Council decisions concerning the signature, provisional application and conclusion of a protocol to the Euro-Med agreement with Tunisia to take account of the recent accession of new member states to the European Union. The lead Department is the Department of Foreign Affairs. This proposal aims to take account of the recent accession of new member states in relation to the Euro-Med agreement with Tunisia. In addition, it makes provision for recent institutional developments within the Union. Other aspects of the protocol relate to duty on imports of untreated olive oil and technical trade matters such as the administration of proofs of origin. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 739 is a proposal for a Council regulation amending Regulation (EC) No. 2007/2000 with regard to exceptional trade measures for the Community's imports of sugar and wine from Albania, Bosnia Herzegovina and Serbia and Montenegro, including Kosovo. The lead Department is the Department of Agriculture and Food and the other Department involved is the Department of Foreign Affairs. It is proposed in this draft measure that the western Balkans benefit from duty free tariff quotas rather than unlimited access. According to the Commission, this should remove the incentive for a large percentage of domestic sugar production to be exported and replaced by imports from third countries, a practice that could create trade flows for which the third countries could seek compensation as and when the states of the western Balkans join the European Union. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
COM (2004) 761 is a proposal for a Council regulation adjusting, with effect from 1 July 2004, the remuneration and pensions of officials and other servants of the European Communities and the correlation co-efficients applied thereto. The lead Department is the Department of Finance and the other Department is the Department of Foreign Affairs regarding EU institutions. The technical adjustments proposed would result in a salary increase of 0.7% for EU officials for the period 1 July to 31 December 2004. The adjustment is based on exchange rates and economic purchasing power parity movements across the EU and also concerns allowances. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
Item 5.14 is now being taken as item 6.5, which is an adopted proposal. COM (2004) 649 is the proposal concerning the conclusion of the agreement between the Community and the Swiss Confederation in the audio-visual field and the Community's media programmes. The lead Department is the Department of Arts, Sport and Tourism. The proposal seeks approval for the definitive conclusion of the agreement with the Swiss Confederation. It is proposed that the proposal does not warrant further scrutiny? Is that agreed? Agreed.
Item No. 10215/04 is a proposal for a framework decision on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the European Union, in particular as regards serious offences, including terrorist acts. The lead Department is the Department of Justice, Equality and Law Reform and the Revenue Commissioners have an interest. The proposal follows from the March 2004 declaration on combating terrorism and is on the initiative of the Kingdom of Sweden. I understand it aims to respond to the practical difficulties in the timely exchange of information on serious crime and provides that the information may be supplied within 12 hours. The information would be communicated through a number of channels, including those established in the context of the Europol Convention. On the basis of aims of the proposal, the Department has indicated that it has no difficulty with it. The Department has, however, indicated that the proposal has yet to be considered in detail and some of the wording is likely to change over time.
Members will have seen that some of the articles in the draft measure are of particular interest. Article 1, inter alia, states that the framework decision does not imply any obligation on the part of the member states to gather and store information and intelligence only for the purpose of providing it to the competent authorities of other member states. This is one article that may require tighter language with respect to the obligations arising from the decision because, I understand, the term “does not imply” is considered to be ambiguous. Central to the proposal is the provision in Article 4 which outlines that: “member states shall ensure that information and intelligence, held by or accessible without the use of coercive means to competent law enforcement agencies” can be provided. It would, therefore, appear to be essential to know the understanding of the term “coercive means”. Article 11 of the proposal provides that the competent law enforcement authorities may refuse in certain circumstances to provide information or intelligence if the provision of the information-intelligence would harm national security, jeopardise the success of an operation or the request is disproportionate.
On the basis of the general aims of the proposal, it is proposed that the proposal does not warrant further scrutiny. However, it is additionally proposed that the Department be requested to update the committee on major developments in regard to this proposal, in particular with respect to the term "coercive means" in Article 4 and in regard to its consultation process on the proposal, including in regard to data protection issues. Is that agreed? Agreed.
Item 5.17 will now be taken as item 6.6, an adopted proposal. Items 5.15 to 5.24 are in the second bundle. Please note that item 5.17 will now be taken as item 6.6 as adopted.
COM (2004) 699 is a proposal for a Council regulation applying a scheme of generalised tariff preferences. The lead Department is the Department of Enterprise, Trade and Employment and other Departments include the Department of Foreign Affairs, the Department of Agriculture and Food, the Department of Communications, Marine and Natural Resources, the Department of the Environment, Heritage and Local Government, the Department of Justice, Equality and Law Reform and the Revenue Commissioners.
The Department's note clearly emphasises the point that effective trade preference arrangements can provide a stepping stone to help developing countries benefit in the long term from broad trade liberalisation measures. This proposal seeks to build on existing trade arrangements through widening the scope of the products included, merging the social and environmental dimensions and providing greater clarity on the graduation out of the preference regime. The Department also indicates that it, and the interdepartmental committee established to consider this matter, have fully supported the thrust of the proposed new scheme. Its consideration of particular aspects of the proposal is, however, continuing. It is proposed that the proposal does not currently warrant further scrutiny. However, it is also proposed that the Department may be requested to provide the committee with an outline on the outcome of the deliberations of the interdepartmental committee. Is that agreed? Agreed.
COM (2004) 754 is a proposal for Council decisions on the signature, provisional application and conclusion of a protocol to the Euro-Mediterranean Agreement between the European Communities and their member states, of the one part, and the state of Israel, on the other part. The lead Department is the Department of Agriculture and Food and the other Department is the Department of Foreign Affairs. Like the proposal relating to Tunisia, COM (2004) 736, this proposed measure in regard to Israel aims to take account in the Euro-Med Agreement of the recent accession of the new member states. In addition, it makes provision for recent institutional developments within the European Union. Other aspects of the protocol relate to duty on imports of a range of agricultural products and technical trade matters such as the administration of proofs of origin. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.
As a division has been called in the Dáil, we will suspend the sitting for a short time.