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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) díospóireacht -
Thursday, 15 Dec 2005

Scrutiny of EU Proposals.

The sub-committee is in public session. Item No. 1 is proposals warranting further scrutiny. The following proposals are proposed for further scrutiny, items Nos. 1.1 to 1.3.

Item No. 1.1 is COM (2005) 457, a proposal for a directive of the European Parliament and of the Council on the placing on the market of pyrotechnic articles. The proposal seeks to establish the principle of the free movement of pyrotechnic articles, which includes fireworks, and to establish a framework for their placing on the market. The proposed measure, inter alia, seeks approval for the categorisation of the materials concerned and to oblige manufacturers to ensure that their products conform to set safety standards. The proposed measure also sets minimum ages for the use of pyrotechnic articles. The Commission’s memorandum concedes that the recoded accident rates in Greece and Ireland are at the lowest end of the scale in Europe and that these two states have a ban on the sale of fireworks to consumers.

The Department indicates that while it supports aspects of the proposed measure, it is opposed to the unrestricted sale to the public of the more powerful products and is seeking the amendment of the Commission's proposal. In particular, the Department would seek to provide for member states to have the right to restrict the use or sale of certain pyrotechnic articles, including bangers. I understand the Joint Committee on Justice, Equality, Defence and Women's Rights has followed this issue with some interest and that it has considered related matters in recent months. It is proposed that the proposal be referred for further scrutiny to the Joint Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.

Is there subsidiarity issue involved?

I am advised that it is deemed to be more of a safety than a subsidiarity issue. The Senator will note that the Department is seeking some amendments to the proposal. Does the Senator have a view?

I wonder whether this is another area where the Commission is intruding when it should be told to go away and leave us alone.

I am advised that this concerns a single market and a product in that market. The issue is one that the joint committee has been considering for some time. We suggest that this proposal be referred to it for scrutiny and to hear its views.

I concede that it would be better to have some degree of regulation.

Item 1.2 is COM (2005) 564, a proposal for a Council decision concerning the placing on the market of a maize product, Zea mays L., hybrid MON 863 x MON 810, genetically modified for resistance to corn rootworm and certain pests. This proposal from the Commission is seeking approval for the placing on the market across the member states of the EU of a hybrid maize product that has been genetically modified for resistance to corn rootworm and certain pests.

In accordance with established procedure, the application for its importation and approval for use in industrial processing across the single market followed a positive assessment by the relevant authority of a member state. As in previous and similar circumstances, the proposal did not receive the necessary support in the regulatory committee and was, therefore, presented for approval by the Council. I also understand that the Department has indicated that the proposal was considered by the Council in early December and that no majority was achieved in respect of it. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on the Environment and Local Government. Is that agreed? Agreed.

Item 1.3 is COM (2005) 617, a proposal for a regulation fixing for 2006 the opportunities and associated conditions for certain fish stocks, applicable in Union waters and for Union vessels, in waters where catch limitations are required. This is a proposal which the Department has classified as being of major significance and concerns the fixing of total allowable catches, known as TACs, quotas and other conditions relating to fishing efforts over 2006. It proposes, inter alia, that fishing effort be limited in the Irish Sea and to the west of Scotland. The proposed measure also seeks to further reduce the number of fishing days at sea and to continue the closure of the Celtic Sea. Given the significance of the proposal, the proposed measure has been brought to the attention of the secretariat of the Joint Committee on Communications, Marine and Natural Resources. It is proposed that the proposal be referred to that committee for further scrutiny. Is that agreed? Agreed.

Item No. 2 is Title IV measures. There were no Title IV measures received for this meeting.

Item No. 3 is CFSP measures, Nos. 3.1 to 3.10. Item No. 3.1 is CSFP (2005) 776, a Council joint action amending the mandate of the EU special representative for Moldova. This joint action seeks the establishment of an EU special representative support team to monitor developments on the Moldovan-Ukrainian border with a view to contributing to a peaceful settlement to the situation in the breakaway region of Transniestria. It is proposed to note the measure. Is that agreed? Agreed.

Item No. 3.2 CFSP (2005) 792 is a common position concerning restrictive measures against Uzbekistan. At the meeting on November 17, the Sub-Committee on European Scrutiny considered the related regulation concerning restrictive measures against Uzbekistan. The measures follow from what was seen as excessive, disproportionate and indiscriminate use of force by the Uzbek security forces earlier this year. The measures, inter alia, put in place a ban on the export of arms and military equipment as well as the provision of technical and financial assistance in this regard. It is proposed to note the measure. Is that agreed? Agreed.

Item No. 3.3 CFSP (2005) 793, the Council common position concerning the temporary reception by member states of the European Union of certain Palestinians. The sub-committee has, on a number of occasions, considered measures relating to the temporary reception by member states of certain Palestinians following the siege of the Church of the Nativity in 2002. This measure extends for a further 12 months the provisions concerning the national permits of the individuals concerned. Ireland accepted two Palestinians following the end of the siege and the measure would also apply to them. It is proposed to note the measure. Is that agreed? Agreed.

It is a measure that should be welcomed.

Items Nos. 3.4, CFSP (2005) 976, and 3.5, CFSP (2005) 797, involve a Council joint action to amend the mandate of the European Union special representative for the Middle East peace process and a Council joint action on the European Union police mission for the Palestinian territories. The aim of the EU police mission is to contribute to the establishment of sustainable and effective policing arrangements under Palestinian ownership in accordance with the best international standards. The mission would also be established in co-operation with other EU programmes and other efforts to support the Middle East peace process. The establishment of the police mission necessitated the amendment of the mandate of the EU special representative for the Middle East peace process to include it as part of the EUSR's work programme. It is proposed to note the measures and that they be forwarded for information to the Joint Committee on European Affairs in the context of consideration of related issues during meetings such as the pre-GAERC meeting. Is that agreed? Agreed.

Item No. 3.6, CFSP (2005) 807, is a Council joint action extending and amending the mandate of the European Union monitoring mission, EUMM. This joint action tasks the mission with a particular focus on Kosovo, Serbia and Montenegro and neighbouring regions and sees the continuation of its work until 31 December 2006. It is proposed to note the measure. Is that agreed? Agreed.

Item No. 3.7, CFSP (2005) 822, is a Council joint action amending and extending Joint Action CFSP (2004) 847 on the European Union police mission in Kinshasa, ORC, regarding the integrated police unit, EUPOL Kinshasa. This joint action extends until 30 April 2006 the 2005 financing of the mission and amends the mandate to include administrative changes such as clarification concerning the role of the HQ of the mission. It is proposed to note the measure. Is that agreed? Agreed.

No. 3.8, CFSP (2005) 825, is a Council joint action amending the mandate of the European Union special representative in Bosnia and Herzegovina. The special representative in Bosnia and Herzegovina, currently Lord Ashdown, has been tasked, inter alia, with enhancing the coherence and effectiveness of the European Union’s engagement in that country. This measure seeks to strengthen this function through also assigning a role for the EU special representative on the co-ordination of the EU police mission’s actions and its promotion of the rule of law in Bosnia and Herzegovina. It is proposed to note the measure. Is that agreed? Agreed.

No. 3.9, CFSP (2005) 725, is a Council common position updating common position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing common position 2005/427/CFSP. It will be taken in conjunction with No. 3.10, CFSP (2005) 847, which is a Council common position updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing common position 2005/725/CFSP. Common position 2001/931/CFSP concerns the affording of police and judicial co-operation between member states in preventing and combating terrorist acts. This is with particular regard to the agreed list of persons, groups and entities that is periodically reviewed. It is proposed to note the measure. Is that agreed? Agreed.

Item No. 4. is deferred documents. As there are no proposals for deferral, we will move to item No. 5, proposals proposed for no further scrutiny.

No. 5.1, COM (2005) 552, is a proposal for a regulation adjusting with effect from 1 July 2005 the remuneration and pensions of officials and other servants of the European Union. This proposal seeks approval for the adjustment of the remuneration and pensions of officials and other servants of the European Union to take account of changes in cost of living and purchasing power indicators. The resulting salary increases of 2.2% would be effective from 1 July 2005. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.2, COM (2005) 553, is a proposal for a Council decision on the principles, priorities and conditions contained in the European partnership with Albania. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.3, COM (2005) 555, is a proposal for a Council decision on the principles, priorities and conditions contained in the European partnership with Bosnia and Herzegovina. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.4, COM (2005) 557, is a proposal for a Council decision on the principles, priorities and conditions contained in the European partnership with the Former Yugoslav Republic of Macedonia. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.5, COM (2005) 558, is a proposal for a Council decision on the principles, priorities and conditions contained in the European partnership with Serbia and Montenegro, including Kosovo. The proposed partnership lists the short to medium term priorities for further integration with the European Union. Separate priorities are also listed in relation to Kosovo. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed

No. 5.6, COM (2005) 560, is a proposal for a decision on the conclusion of an agreement between the EU and the Hashemite Kingdom of Jordan concerning the liberalisation of trade in agricultural products. The proposal seeks approval for the conclusion of a trade liberalisation agreement which aims to increase the level of reciprocal trade between the EC and Jordan. The Department's note indicates that the adoption of the measure would have no implications for Ireland because trade in agricultural products between Ireland and Jordan is not significant. It is proposed that the proposal does not warrant further scrutiny but that the proposed measure be forwarded for information to the Joint Committee on Agriculture and Food. Is that agreed? Agreed.

No. 5.7, COM (2005) 595, is a Council decision on the appointment of the special co-ordinator of the stability pact for south eastern Europe. Launched in 1999, the stability pact for south-eastern Europe is a conflict prevention strategy of the international community, aimed at strengthening the efforts of the countries of in the region in fostering peace, democracy, respect for human rights and economic prosperity. Dr. Erhard Busek is the special co-ordinator for the stability pact and this proposal seeks approval for a further extension of his appointment for a period of 12 months. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.8, COM (2005) 614, is a proposal for a regulation imposing specific restrictive measures against persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri. Following the report of the international independent investigation commission into the 14 February terrorist bombing in Beirut which killed the former Lebanese Prime Minister Rafiq Hariri and 22 others, the UN Security Council decided on 31 October to take certain measures to support the investigation. The Security Council adopted Resolution 1636 (2005) providing for the freezing of the economic assets of those suspected of involvement. I understand determinations in this regard would be made by the UN sanctions committee. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.9, COM (2005) 556, is a proposal for a Council decision on the principles, priorities and conditions contained in the accession partnership with Croatia. The Council adopted, in September 2004, a European partnership with Croatia. On 3 October this year, negotiations started with Croatia on its accession to the European Union. The Commission outlines in its memorandum to the proposal that it, therefore, considers it appropriate to update the partnership with Croatia. The proposed accession partnership identifies the short to medium term priorities for Croatia's preparations for further integration with the European Union. It is proposed that the proposal does not warrant further scrutiny. Is that agreed?

Have the circumstances pertaining to the international criminal tribunal changed as a result of the capture of General Ante Gotovina?

I am advised that negotiations had already started because the European Union had decided to proceed. Is the Senator satisfied?

The proposal that the matter does not warrant further scrutiny is agreed.

No. 5.10, COM (2005) 559, is a proposal for a Council decision on the principles, priorities and conditions contained in the accession partnership with Turkey. On 3 October 2005 negotiations started with Turkey on its accession to the European Union. The Commission outlines in it memorandum to the proposal that it, therefore, considers it appropriate to revise the partnership with Turkey. The proposed accession partnership identifies the short to medium term priorities for Turkey's preparations for further integration with the European Union. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

I suggest that we send it to a meeting of the full committee to be noted given our recent visit to Turkey.

The proposal will be sent to the full committee for information purposes.

No. 5.11, COM (2005) 629, is a White Paper on Financial Services Policy 2005-2010. The earlier Green Paper was considered by the committee in June and forwarded for information to the Joint Committee on Finance and the Public Service. The White Paper includes many of the aspects of the earlier paper and indicates that the focus of the Commission's proposals in future will relate to retail banking, investment fund management and capital requirements for insurance companies. It is proposed that the paper be forwarded to the Joint Committee on Finance and the Public Service for information and consideration in light of the importance of the financial services sector to the Irish economy. It is also proposed that the paper be forwarded to the Joint Committee on Enterprise and Small Business for information, particularly with regard to the insurance sector. Is that agreed? Agreed.

No. 5.12, COM (2005) 563, is a proposal for a Council regulation amending Regulation (EC) No. 533/2004. The proposal seeks to amend the relevant regulation to align the name of the Croatian partnership with the name of the Turkish partnership, as both are candidate countries. The name of the Croatian partnership would change from "European Partnership" to "Accession Partnership" following the adoption of the measure. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.13, COM (2005) 601, is a proposal for a decision on the conclusion of an agreement in the form of an exchange of letters between the European Union and Thailand concerning the level of duty applicable on imports of rice from Thailand. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.14, COM (2005) 598, is a proposal for a regulation fixing the fishing opportunities and associated conditions relating to fishing effort in the Baltic Sea. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.15, COM (2005) 599, is a proposal for a regulation amending Regulation (EEC) No. 1480/2003 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain electronic products. It is proposed that it does not warrant further scrutiny. Is that agreed? Agreed.

No adopted measures or early warning notes were received for this meeting. It is proposed to defer consideration of minutes of the meeting of 1 December 2005. Is that agreed? Agreed.

The draft 59th report of the sub-committee has been circulated. I propose that it be forwarded to the Joint Committee on European Affairs for agreement to lay it, along with the appendices, before both Houses. Is that agreed? Agreed.

A further briefing on COM (2005) 547 has been received from the Department of Agriculture and Food. It concerns a motion adopted by the European affairs committee of the French National Assembly regarding the wine agreement with the USA. It is proposed to note this item of correspondence.

Does the Vice Chairman believe we should research this matter in Bordeaux?

The Senator has been making strong efforts in that regard to date. Perhaps he will be more successful next year. I propose to note the correspondence without appending travel proposals to it. Is that agreed? Agreed.

I apologise for trying to expedite matters but I am expected at a meeting with Senator O'Rourke and other colleagues at 9.45 a.m. I thank members for their co-operation and assistance throughout the year and I also thank the staff, who are our eyes and ears and sometimes our mouths. I hope to meet them all again early in the new year. This sub-committee does valuable work and certainly refers much correspondence and many matters of concern to the various Oireachtas committees. It is very much part of the way we now try to do business in a transparent fashion. On behalf of the Chairman, Deputy Allen, I look forward to working with everyone again next year.

The sub-committee adjourned at 9.52 a.m. until 9.30 a.m. on Thursday, 26 January 2006.

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