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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) díospóireacht -
Thursday, 29 Jun 2006

Scrutiny of EU Proposals.

Item 1 covers proposals for further scrutiny. Item 1.1 is COM (2006) 202, proposal for the decision of establishing a Community programme to improve the operation of taxation systems in the Internal Market. The new programme proposed here is a reformed and modernised programme and, in addition to dealing with VAT and excise duties, it will also cover direct taxation. Important aspects of the new programme include developing and streamlining co-operation with and assistance to third countries in the fight against tax fraud; the continuing reduction of compliance burdens on administrations and taxable persons; and increasing the opportunities for contact between officials from different national administrations to contribute to achieving the objectives of the programme, for example, work visits, seminars and project groups. A total of €156.9 million is to be provided from the EU budget during the six-year period of the programme. The proposed period of six years would align the duration of the programme with that of the multi-annual financial framework. The Department states that there are no consequences for national legislation

The Department's view, however, is that this proposal should not be made under Article 95, qualified majority voting, since it is of the opinion that it is not the appropriate legal base and asserts that Article 94, unanimity, would be a more appropriate legal base. While supporting the programme, the Department notes that the impact assessment applies, that the new programme may stray into policy matters which are more appropriately dealt with in a Council forum and that such matters will be addressed when the programme is examined by Council.

The Department has been asked for details of which other member states support the Irish view that Article 94 would be a more appropriate legal base for the proposal. Pending a response from the Department, it is proposed that this proposal be referred to the Joint Committee on Finance and the Public Service for further scrutiny in view of the concerns expressed by the Department about the appropriate legal base for the proposal. Is that agreed?

Does anyone know the policy matters we are straying into? It states, "may stray into policy matters which are more appropriately dealt with in a Council forum".

We await clarification, but it seems it partly centres on harmonisation. We are looking for further detail.

If that is what it is about, it is a very serious matter.

We will seek clarification and issue a response.

What will happen if Ireland cannot gain the support of other member states for its view that the matter should be dealt with under Article 94? I do not expect the Chairman to have the answer, but perhaps he could find out.

We can do that.

I thank the Chairman.

The Department is actively preparing a detailed response on all these issues.

COM (2006) 209 is an amended proposal by the Commission for a regulation to establish a European institute for gender equality. It follows on from COM (2005) 81, the original proposal for a regulation of the European Parliament and the Council to establish such an institute, which was forwarded by the sub-committee to the Joint Committee on Justice, Equality, Defence and Women's Rights for its information on 28 April 2005. Having considered changes to the original text proposed by the Council, the European Economic and Social Committee and the European Parliament, the Commission has amended the proposal in a number of areas. One particular change proposed is to make provision for a restricted management board to manage the institute.

The Department describes the proposal as being of some significance in that the proposed institute would support activity on gender equality issues across the European Union. There is likely to be considerable further discussion on the proposal, particularly with regard to such issues as the membership and breakdown of the management board and the proposed use of a system for the rotation of membership; the method of appointment and approval of the director of the institute; how a telematic network to foster the exchange of information might be created; the number of members of the advisory forum, its role and function, and the nature of co-operation with international organisations. In the meantime, a query has been issued to the Department, seeking clarification of its view on the changes proposed with regard to the size and membership of the management board and the advisory forum. In view of its significance, it is proposed that the proposal be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for further scrutiny. Is that agreed? Agreed.

COM (2006) 234 is an amended proposal by the Commission for a decision of the European Parliament and the Council establishing a second programme of Community action in the field of health, 2007-13, following agreement on 17 May on the financial framework for the period 2007 to 2013. The original wide-ranging proposal published in April 2005 by the Commission — COM (2005) 115, a proposal for a decision establishing a programme of Community action in the field of health and consumer protection, 2007-13 — was based on a budget of €1.203 billion, of which €969 million was identified for public health projects and was referred to the Joint Committee on Health and Children in June 2005. It is currently awaiting detailed scrutiny.

The total budget proposed is now €365.6 million, that is, approximately one third of the original amount envisaged by the Commission. The consumer protection aspects of the original proposal are now being dealt with separately in COM (2006) 235 which we are also considering today. The scope of the programme has been redirected so as to concentrate on three broad objectives: the improvement of citizens' health security; promotion of health to improve prosperity and solidarity; and generation and dissemination of health knowledge. In view of its importance, it is proposed that the proposal be referred to the Joint Committee on Health and Children for further scrutiny and for information to the Joint Committee on Enterprise and Small Business in the context of the splitting of the original Commission proposal into two. Is that agreed? Agreed.

COM (2006) 235 is an amended proposal by the Commission for a decision establishing a programme of Community action in the field of consumer policy, 2007-13. This significant proposal arises from a compromise reached in April, whereby the initial April 2005 Commission proposal seeking the establishment of a programme of Community action in the field of health and consumer protection for the period 2007 to 2013 was split in two. This proposal which covers consumer protection falls substantially short of the original proposal in funding terms, as does the separate health programme proposal which we have just considered, COM (2006) 234.

To take account of the reduced budget and amendments introduced by the European Parliament and at committee level, the Commission has made substantial modifications to its initial proposal. This proposal focuses on achieving two new consumer objectives: to ensure a high level of consumer protection, notably through improved evidence, better consultation and representation of consumers' interests; and to ensure the effective application of consumer protection rules, notably through enforcement, co-operation, information, education and redress. These objectives are to be achieved though a series of actions such as data and information collection, exchange and analysis; support for scientific advice and risk evaluation; preparation of legislation and promotion of self-regulatory initiatives; financial support for European consumer organisations; joint surveillance and enforcement actions; use of legal and technical expertise; actions on education, information, advice and redress for citizens.

To increase cost efficiency and exploit economies of scale, the existing executive agency set up for the public health programme will assist in the implementation of the proposed new consumer programme, as well as food safety training measures. The total cost to the EU budget is stated by the Department to be €156.8 million over the course of the programme, 2007-13. It is proposed that this significant proposal be referred to the Joint Committee on Enterprise and Small Business for further scrutiny and for information to the Joint Committee on Health and Children. Is that agreed? Agreed.

COM (2006) 238 is a proposal by the Commission for a Council decision laying down the amount of Community support for rural development, its annual breakdown and the minimum amount to be concentrated in regions eligible under the convergence objective for the period 2007 to 2013. Under this proposal funding would be provided for rural development in the period 2007 to 2013 in line with the financial perspectives for the period, amounting to a total of €69.75 billion, of which at least €33.01 billion will be designated for the convergence regions, that is, the new member states, as well as Romania and Bulgaria. The proposal would also provide for allocation of €18.91 billion for the European Agriculture Guidance and Guarantee Fund, EAGGF, along traditionally agreed lines, this portion of the funding to be made available by a specific Commission decision.

The position of the Department is focused on ensuring Ireland will receive its allocation based on the traditionally agreed distribution of funding from the Commission. This funding, together with the special allocation of €500 million agreed for Ireland at the European Council, would make a total allocation to Ireland of €1.884 billion over the period 2007 to 2013. In addition, modulation — deduction from direct payments — should provide an additional €203 million. In view of the importance of rural development funding for Ireland, it is proposed that the proposal be referred to the Joint Committee on Agriculture and Food for further scrutiny. Is that agreed? Agreed.

I omitted to introduce Ms Mairéad McCabe to the committee earlier. I apologise to her for this.

No. 1.6 relates to COM (2006) 245, a proposal for a regulation determining the general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy and amending Council Regulation (EC) 2236/95. In September 2004 the committee considered COM (2004) 475, which was the original proposal from the Commission on this matter. The proposal was referred for further scrutiny by the Joint Committee on Transport.

The current proposal follows agreement on the next financial perspective of the European Union and, therefore, takes account of lower funds available than initially proposed by the Commission for transport, that is, €8.013 billion rather than €20.35 billion. This is still an increase on what was available under the current financial perspective for transport, which was €4.4 billion. The revised text also includes amendments adopted by the European Parliament.

The Department has again indicated that, to date, financial support for TENs in Ireland has been limited. However, interest in this scheme is likely to increase in Ireland in the years ahead as the role of Structural and Cohesion Funds changes. In particular, the Department indicates that the adoption of the proposal may have implications in respect of Cork-Dublin-Belfast road and rail links. It is proposed that the proposal be referred for further scrutiny by the Joint Committee on Transport. Is that agreed? Agreed

COM 10357 (2006) is a draft Council decision concerning arrangements for co-operation between asset recovery offices of member states. This proposal by the Presidency is for a Council decision which would complete the current informal assets recovery network operating in the EU by providing a legal basis for the exchange of information between asset recovery offices of all the member states. This proposal provides for the setting up or designation of national asset recovery offices in each member state, which would have competence in the area of tracing illicit proceeds and other property that may become liable to confiscation. Those national offices would be charged with rapidly exchanging information with other such offices on request and on a spontaneous basis, in conformity with established rules on data retention.

Taking into account that Ireland is a founder member of the existing informal network of EU asset recovery offices, the Department of Justice, Equality and Law Reform welcomes the proposal as it provides for improved information exchange between all the member states and because the recovery of criminal proceeds is an area in which Ireland enjoys a high international profile. As stated by the Department, this proposal does not have major implications for Ireland in practical terms due to the existence of the CAB and the proceeds of crime legislation already in place in Ireland. In view of the importance of the general issue of assets recovery in Ireland, it is proposed that this proposal be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for further scrutiny. Is that agreed? Agreed.

That requires unanimity.

No. 2 relates to title IV measures, of which there is none for this meeting

No. 3.1 relates to CFSP (2006) 407, a Council joint action of 7 June 2006 amending and extending joint action 2005/643/CFSP on the European Union monitoring mission in Aceh, Indonesia. On 6 October 2005, the committee considered the matter of the EU monitoring mission in Aceh. That initial measure followed from an agreement between the Indonesian Government and the Free Aceh Movement and provided the legal basis for the provision of an EU monitoring mission to assist in the implementation of that agreement. The monitoring mission was tasked with monitoring the implementation of the commitments undertaken by both parties, including the relocation of military forces. In March 2006, the committee considered COM (2006) 202, the joint action extending the observer mission to 15 June 2006. The current joint action extends the operations of the mission until 15 September 2006. The extension followed a request from the Indonesian Government and the Free Aceh Movement.

The Department of Foreign Affairs note indicates that Ireland continues to participate in the mission and that it has contributed €32,000 to its costs. It is proposed to note the measure.

We will keep one member of the forces there.

Is that agreed? Agreed.

No. 3.2 relates to CFSP (2006) 413, a Council joint action of 12 June 2006 amending and extending joint action 2005/190/CFSP on the European Union integrated rule of law mission for Iraq. This EU mission aims to provide training in the rule of law to middle and senior level officials in the Iraqi police and criminal justice systems. The Department's note indicates that the mission began in July 2005 and that progress has been made with the mission's objectives. The Council documentation indicates that further follow-up action is required to help to address needs identified by Iraq in the area of the rule of law and in the human rights sector. This joint action extends the mandate of the mission until 31 December 2007. The extended mission will, inter alia, provide for work experience secondments in member states to meet the needs of small groups of Iraqi criminal justice practitioners. It is proposed to note the measure. Is that agreed? Agreed.

There are no proposals proposed for deferral. Under proposals proposed for no further scrutiny, COM (2006) 174 is a Green Paper on the presumption of innocence. This Green Paper from the Commission is part of a wider consultation being conducted on evidence-based safeguards in the area of mutual recognition and co-operation in judicial matters. The Commission wishes to ascertain, from consultation on the contents of this paper, whether cross-border cases present a particular problem in this area and whether European legislation is needed to enhance mutual trust between member states.

The Department has sought the advice of the Attorney General and the Director of Public Prosecutions on the paper. While a response is awaited from the latter, the Department states that on the basis of the advice from the Attorney General, the questions posed in the Green Paper should not present a problem for Ireland. A query has been sent to the Department seeking the reason for the delay in forwarding the Green Paper to the Oireachtas and asking whether the Commission intends to extend the deadline of 6 June 2006 for initial reactions to the proposal. Pending receipt of a response, it is proposed that this proposal, which is of some potential significance, be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights for information and consideration. This will provide an opportunity to follow discussions which ensue after the initial deadline of 6 June, which was set for reactions from the member states. Is that agreed? Agreed.

The deadline set by the Commission for reactions is 6 June. What can the Joint Committee on Justice, Equality, Defence and Women's Rights do in practical terms if it wants to have an input?

It is not an absolute deadline. It is the preferred date for receiving submissions, but subsequent submissions will be accepted. We have asked for an explanation why we did not get the submissions.

No. 5.2 relates to COM (2006) 188, a proposal for a Council decision on the signature and the conclusion of the agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas. This proposal concerns those countries participating in the Schengen acquis and therefore does not automatically apply to Britain or Ireland. The proposal seeks approval for the signature and conclusion of the agreement between the European Community and the Russian Federation on the facilitation of short-stay visas. The documents required for a visa have been reduced under the proposal and simplified procedures would be put in place for certain categories such as participants in scientific, cultural and sporting events. Under a joint declaration, Britain and Ireland underline the desirability of concluding bilateral agreements with the Russian Federation on the issuing of visas.

It is proposed that the proposal does not warrant further scrutiny. It is also proposed that the proposed measure be forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights in the context of British-Irish joint declaration on the desirability of concluding bilateral agreements with the Russian Federation on the issuance of visas. Is that agreed? Agreed.

No. 5.3 refers to COM (2006) 201, a proposal for a decision establishing an action programme for customs in the community, namely, Customs 2013. This Commission proposal for a decision of the European Parliament and of the Council is intended to replace the current action programme for customs, known as Customs 2007, which is due to expire on 31 December 2007. The new multi-annual Community action programme which is proposed and will be known as Customs 2013 will apply from 1 January 2008 and will expire at the end of 2013.

The specific objectives of the programme listed in the proposal include the reduction of the administrative burden and cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls and the application of best working practices; the maintenance of a performance measurement system for member state customs administrations; support for the creation of a pan-European electronic customs environment; undertaking actions which will provide support to the customs services of the countries preparing their accession and the development and reinforcement of common training; and contribution to the establishment of high quality customs administrations in third countries.

It is proposed that while this proposal does not require further scrutiny, it should be forwarded to the Joint Committee on Finance and the Public Service for information, in the context of its consideration of COM (2005) 609, a proposal for a decision regarding implementation of the Community's Lisbon programme on a paperless environment for customs and trade, and COM (2005) 608, a proposal for a regulation laying down the Community's customs code, both of which were referred to the Joint Committee on Finance and the Public Service for further scrutiny. Is that agreed? Agreed.

No. 5.4 refers to COM (2006) 210, a Commission report and a proposal for a Council directive amending directive 2002/38/EC regarding the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services.

This Commission proposal will provide for the temporary extension of Council Directive 2002/38/EC, which was known as the e-commerce VAT directive and which dealt with the VAT arrangements applicable to radio and television broadcasting services and certain electronically supplied services. The extension is necessary due to delays in adoption by the Council of new proposals, COM (2004) 334 on the place of supply of services and COM (2005) 728 on the simplification of VAT obligations, both of which would have ensured the long-term fulfilment of the aims of Directive 2002/38/EC. These two proposals will not be in place by the time of expiry of the current directive, that is, 30 June 2006.

The Department has been asked to clarify the reason for the delay by the Council in the adoption of the supply of services proposal and the proposal concerning simplification of VAT obligations. Therefore, it is proposed that while this proposal does not warrant further scrutiny at present, it should be forwarded to the Joint Committee on Finance and the Public Service and the Joint Committee on Communications, Marine and Natural Resources for information. Is that agreed? Agreed.

Will there be any ramifications in respect of Pat Kenny's salary?

That remains to be seen. I have not yet seen the salary figures.

It is approaching €1 million per annum.

Is it?

No. 5.5 refers to COM (2006) 219, a proposal for a codified version of a directive on the term of copyright and certain related rights. This Commission proposal has the purpose of codifying Council Directive 93/98/EEC of 29 October 1993, which harmonised the term of protection of copyright and certain related rights and which has been substantially amended since it came into force by Directive 2001/29/EC, which brought in changes referring to duration of related rights. Both the 1993 and the 2001 directives will be repealed on foot of this new proposal.

The Department's information note states that the new text contains no substantial changes. No consequences for Irish legislation or the Community budget are anticipated. Therefore, it is proposed that while this proposal does not require further scrutiny, it should be forwarded for information to the Joint Committee on Enterprise and Small Business, the Joint Committee on Justice, Equality, Defence and Women's Rights and the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs. Is that agreed? Agreed

No. 5.6 refers to COM (2006) 226, a proposal for a codified version of a directive on rental and lending rights and on certain rights related to copyright in the field of intellectual property. This Commission proposal for a directive of the European Parliament and of the Council is designed to codify a 1992 Council directive on rental rights and lending rights and on certain rights related to copyright in the field of intellectual property. The codification arises following substantial amendments which were made to the 1992 directive.

The Department's information note indicates that this proposal will have no implications for Ireland and that there will be no consequences for national legislation. The Department has also confirmed that there are no identifiable consequences for the Community budget. Hence, it is proposed that while this proposal does not warrant further scrutiny, it should be forwarded to the Joint Committee on Enterprise and Small Business for information. Is that agreed? Agreed.

Does the Chair have any idea what Ireland's infringement was or who it was against? It appears as though the Commission has charged Ireland with infringement of the existing Acts.

I will investigate and will respond to the Deputy.

No. 5.7 refers to COM (2006) 220, a proposal for a Council decision on the signing of the co-operation agreement on a civil global navigation satellite system between the European Union and its member states and the Kingdom of Morocco. GALILEO is the European satellite radio navigation programme which provides a highly accurate, guaranteed global positioning service under civilian control. It was launched in 1999 at the initiative of the European Commission and developed jointly with the European Space Agency.

The programme represents a major technological advancement, particularly in terms of being able to deliver real-time positioning accuracy down to the metre range, which is unprecedented for a publicly available system. It is anticipated that it will result in the development of a new generation of universal services in areas such as transport, telecommunications, agriculture and fisheries.

Since 2004, Morocco has signalled its wish to participate in the programme and has confirmed its desire to conclude a co-operation agreement with the Union. It is expected that agreement will be approved shortly and that it will be signed at the earliest possible date. It is recommended that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 5.8 refers to COM (2006) 222, a proposal for a directive concerning misleading and comparative advertising. This codifying proposal by the Commission relates to Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising. The Department's information note has confirmed that as this is a codification exercise, there are no legal or administrative implications arising from the proposal. Its purpose is to protect traders against misleading advertising and its unfair consequences and to set down conditions for permissible comparative advertising. The new directive is due to enter into force on 12 December 2007.

The Department confirms that there are no consequences for the EU budget. It is anticipated that the proposal will be transposed by way of secondary legislation under the European Communities Act 1972, as amended. It is proposed that while this proposal does not warrant further scrutiny, it should be forwarded to the Joint Committee on Enterprise and Small Business for information. Is that agreed? Agreed.

No. 5.9 refers to COM (2006) 243, a proposal for a Council decision to amend and extend Directive 2001/923/EC which establishes an exchange, assistance and training programme for the protection of the euro against counterfeiting, namely, the Pericles programme, as well as a decision to extend it to the non-participating members states.

This Commission proposal consists of two elements. The first proposal is for a Council decision aimed at amending and extending for a further seven years a 2001 Council decision which established an exchange, assistance and training programme for the protection of the euro against counterfeiting. The second proposal is for a Council decision which would extend that programme to non-participating member states, that is, states that do not participate in the euro.

The Department's information note states that the two proposals hold no material implications for Ireland and that there are no consequences for national legislation. It is anticipated there will be an annual cost of €1 million to the Community budget. It is proposed that while this 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.

No. 5.10 refers to COM (2006) 259, a proposal for a Council decision on a Community position within the EC-Turkey customs co-operation committee on the adoption of a decision laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey association council. This proposed technical measure seeks to put in place detailed rules for the application of rules of origin of products circulating in the customs union and the Euro-Mediterranean partnership. For example, the proposed measure sets out the documentation that is required and the timelines for the presentation of these documents. The Department is of the view that the adoption of the proposed measure would have no negative implications for Ireland. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item No. 5.11 is COM (2006) 267, a proposal for a Council Decision amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP EC partnership agreement in a case of special urgency. Following the positive developments in Liberia in recent months and in particular what the Commission describes as the Liberian Government's manifest determination to bring about social, economic and political reconstruction in Liberia, the memorandum to the proposal sets out that all activities in pursuit of that goal should be supported and encouraged.

The memorandum then contends that the appropriate measures adopted by Council Decision 2003/631/EC and amended by Decision 2005/16/EC to limit assistance should be therefore terminated and that an enhanced, structured political dialogue could be established to monitor developments in the situation. The Commission proposes that the Council adopt this proposed decision to implement these actions. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item No. 5.12, COM (2006) 268, is a proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or steel originating in Croatia, Romania, Russia and Ukraine, and terminating interim and expiry reviews in Russia, Romania, Croatia and Ukraine. This proposal follows on from interim and expiry reviews which were conducted of the anti-dumping duties imposed on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania.

The anti-dumping proceedings were first imposed on such imports in 1997. The scope of the anti-dumping measure was extended in May 2005 to cover a broader range of products. The sub-committee considered EWN 2005/C77/02 at its meeting on 23 March. That proposal concerned the initiation of the measures under consideration here today and the sub-committee decided no further scrutiny was warranted. This new proposal is designed to impose new anti-dumping measures on the relevant countries so as to encompass this broader product scope. Accordingly, the existing measures covering the original product scope are being repealed and the reviews discontinued. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed.

Item No. 5.13, SEC (2006) 633, is a preliminary draft Amending Budget No. 3 to the general budget for 2006, general statement of revenue. This proposal by the Commission proposes an amendment to the general Community budget seeking an additional €3.604 million in commitment and payment appropriation, and comprises four elements involving the following administrative costs. The first is strengthening the European GNSS Supervisory Authority to take account of the transfer to it of some of the activities of the Galileo joint undertaking. Another is reinforcing the staff of the European Aviation Safety Agency to cover the standardisation inspections programme. The third is reinforcing the staff of FRONTEX, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. The final element involves increasing the appropriations for translation and interpretation costs for the European Data Protection Supervisor. The Department states in its information note that the additional payment appropriations on €3.604 million will increase Ireland's contribution to the EU budget by about €46,000. There are no consequences for national legislation. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

Item No. 6.1, COM (2005) 438, is a proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC. There was agreement on this proposal between the Council and the European Parliament in March this year. An earlier draft framework proposal in the same policy area under Title IV and with adoption by unanimity was presented that had been co-sponsored by Ireland. It was not possible to find agreement on that proposal. In 2005 the Commission presented this proposal on data retention based on Article 95 of the treaty. This new proposal was adopted by qualified majority in December 2005 under the British Presidency.

The measure aims to harmonise member states' rules on data retention and provides that each member state take measures to ensure communications data be retained by providers of public communications networks, in general, for 12 months. The Department has underlined that the measure does not relate to the content of the communications. The Department has raised concern in the note provided that the adopted measure could have serious implications for the capacity of the Garda Síochána to investigate serious offences. Irish legislation makes provision for the retention of data for up to three years.

It is proposed to note the adopted measure and that the Department be requested to forward all proposals in the usual manner to the scrutiny committee when they are presented for adoption. It is also proposed that this significant measure and the Department's document outlining the circumstances surrounding the adoption of the measure be forwarded for the information and consideration of the Joint Committee on Justice, Equality, Defence and Women's Rights. It is furthermore proposed that the measure be forwarded for information to the Joint Committee on Communications, Marine and Natural Resources. Is that agreed? Agreed.

The briefing note states that the proposal for the directive on data retention was published by the Commission. The note also states that the directive was politically agreed very quickly by qualified majority voting in December 2005 and that it was not practical to consult the sub-committee within the limited timeframe. This seems significant legislation. Are we challenging the proposal because we do not agree with the reduction from three years to one year and the implications this has for the Garda Síochána?

I am advised there were concerns about the duration of this measure. Due to the complexity, we should seek a detailed legal note from the Office of the Parliamentary Counsel. In the meantime we will forward this to the relevant committee.

I am pleased we are requesting the Department to forward all proposals in the usual manner. The Council documents are dated 27 September 2005. An earlier document was submitted for scrutiny in May and we had to reply by June. In that case the Department adhered to a tight timeframe. In this case the Department is leisurely. The sub-committee's concerns should be communicated in strong terms.

We will write formally to the Department expressing concerns at the speed with which documentation is issued to the sub-committee. We will also receive advice from the Office of the Parliamentary Counsel.

We have to have documents in a timely fashion in order to fulfil our role.

Item No. 7.1 is EWN 2006/C127/02, a notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts originating in the People's Republic of China. This standard measure concerns an interim review of anti-dumping measures currently in force in respect of imports of hand pallet trucks, the trucks and their essential parts which are used for handling material usually placed on pallets. There are no reported difficulties with the proposal. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

No. 7.2 is EWN 2005/C172/04, a standard notice of initiation of a partial interim review of the countervailing anti-dumping measures applicable to imports to the Euiropean Union of polyethylene terephthalate film used in industry and originating in India. The Department states in its information note that there are no reported difficulties for Ireland. It is proposed that this proposal does not currently warrant further scrutiny. Is that agreed? Agreed.

We missed No. 5.14.

That was a typographical error. It was dealt with at the last meeting. The minutes of the meeting of 8 June 2006 have been circulated. Are they agreed? Agreed. No. 9 covers reports of the sub-committee. The draft 67th and 68th reports have been circulated. I propose the reports be forwarded to the Joint Committee on European Affairs for agreement, to lay before both Houses with the appendices. Is that agreed? Agreed.

Under correspondence is COM (2005) 190 and a post-adoption letter from the Department of Foreign Affairs relating to No. 3.2 on today's agenda, it is proposed to note this correspondence. Is that agreed? Agreed.

It is proposed the next meeting of the sub-committee will take place on Thursday, 20 July 2006. The time will be confirmed in due course. Is that agreed? Agreed.

I will not be here so I will convey my apologies in advance.

I thank the Senator. I thank sub-committee members for their co-operation. The press release will be re-examined before it is issued. I thank the secretarial staff again for the volume of work done. I am concerned that this sub-committee is extremely under-resourced. We must come to grips with that and examine it further if we are to carry out our duties in the manner in which we are obliged. The burden of work on the extremely small number of staff is enormous and they are under tremendous pressure, although they do not complain. Perhaps we should discuss this in private session at the next meeting.

We should also bring it to the notice of the Joint Committee on European Affairs.

We should do so as we must face up to it sooner rather than later. Questions will be asked if, due to pressure and lack of resources, an error occurs. We should put measures in place to prevent that happening.

The sub-committee adjourned at 10.25 a.m. until 20 July 2006.

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