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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny) díospóireacht -
Thursday, 8 Mar 2007

Scrutiny of EU Legislative Proposals.

Proposals for scrutiny are Nos. 1.1 to 1.5, inclusive. No. 1.1 is COM (2005) 592, a proposal for regulation on the liability of carriers of passengers by sea and inland waterways in the event of accidents. The Commission contends in the memorandum to this proposal that the European Community's transport liability regime concerning passengers should apply not only between member states, but also within them. That liability regime would include compulsory insurance and strict liability by the carrier by sea and on inland waterways.

The Commission's proposal attached to the memorandum is targeted at ships licensed to carry 12 or more passengers and would incorporate a 2002 protocol of the International Maritime Organisation with some additional elements. The potential implications for Ireland of the adoption of the proposal are set out by the Department and would primarily relate to domestic shipping. These would include higher transport costs for the consumer and some services might close if companies' potential liabilities were to rise significantly. It is indicated the national consultation process is ongoing, as are negotiations at the level of the European Union.

It is proposed that measure proposed be referred for further scrutiny by the Joint Committee on Transport. It is also proposed that the measure be forwarded for information to the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs in the context of the possible impact of the adoption of the measure on smaller vessels serving the islands and rural communities. It is additionally proposed that the Department be requested to forward a copy of the assessment of the cost of implementing the measure, as referred to in section 13 of its note. Is that agreed? Agreed.

No. 1.2, COM (2006) 604, is a proposal for a regulation establishing the European institute of technology to boost the competitiveness of the EU by promoting innovation, research and education. The Department in its information note has expressed initial concern at two elements of the proposal, namely, funding and the possibility that the EIT would be entitled to award its own degrees. It is proposed that funding for the initiative be taken from the life-long learning budget and the seventh framework research programme. The Department is concerned that this might make it more difficult for national institutes and researchers to receive funding from those sources. The Department also outlines its view that the EIT should not be a body that makes awards independently and that it would be preferable for awards to be made by the institutions at national level, perhaps on a joint basis. It is proposed to refer this proposal to the Joint Committee on Education and Science for further scrutiny in the context of the concerns raised by the lead Department in its information note. Is that agreed? Agreed.

I propose that the matter be referred to the Joint Committee on European Affairs?

Is that agreed? Agreed. I welcome visitors from the Aalborg teachers college in Denmark to the Gallery. I hope their visit has been informative and enjoyable and that they mix business with pleasure by seeing the sights of Dublin and beyond.

Would it be useful to circulate this material to the Joint Committee on Education and Science?

It has been referred to that committee.

COM (2006) 818 is a proposal for a directive to include aviation activities in the scheme for greenhouse gas emissions. This aims to address the contribution of aviation to greenhouse gases by including aviation in the EU emissions trading scheme. Carbon dioxide emissions from aircraft account for approximately 3% of the EU's total greenhouse gas emissions, mainly as a result of international flights between member states or a third country. This proposal would see the introduction of tradeable emissions allowances for airlines. Under the schemes airlines will be able to buy allowances if necessary or sell allowances they do not need. Airlines will also be able to buy allowances from third country projects under the Kyoto Protocol's flexible mechanisms. The Department explains that providing such flexibility does not reduce the environmental impact since the climate impact of emission reductions is the same regardless of where they are made. Initially it is envisaged that intracommunity international flights will be subject to the regime from 2011 and that international flights to and from third countries will be incorporated in the scheme from 2012.

The ultimate aim of this proposed measure is that by 2020 a total of 183 million tonnes of carbon dioxide would be saved per year, a 46% reduction on projected emissions in the same timeframe. The Department considers this proposal to be significant and one that may have significant implications. It is proposed that this proposal be forwarded to the Joint Committee on the Environment and Local Government for further scrutiny. Is that agreed? Agreed.

The next proposal is 5325/07, a proposal for a draft framework decision on the recognition and supervision of suspended sentences and alternative sanctions. This Franco-German proposal is one that is based on a rather simple principle, mutual recognition of suspended sentences and alternative sanctions. It would have legislative and resource implications across the European Union.

Under the proposed measure convicted persons, who have been given a suspended sentence or alternative sanction, could return from the sentencing state to their state of habitual residence without any adverse effect on the measure imposed. The stated aim is to enhance the prospects of the sentenced person's reintegration into society. Legal advice from the Office of the Attorney General is awaited on this proposal. It is very likely additional domestic legislation would be required in the event of the approval of the proposed measure.

It is proposed that the proposed measure be referred for further scrutiny by the Joint Committee on Justice, Equality, Defence and Women's Rights, particularly in the context of the resource implications for the probation and welfare service from the adoption of the measure. Regarding the European Communities Bill discussed by the Select Committee on European Affairs, could this new legislation be introduced by statutory instrument and laid before the Dáil, to be valid unless annulled? Can we clarify this? Is that agreed? Agreed.

The method will be considered if it is adopted. It does no harm to know what kind of legislation could be transposed.

I have concerns about our justice legislation and the role of the Oireachtas being undermined by a Minister introducing changes in our legislation by statutory instrument. It is a political point but it is of legitimate concern. The Minister could place the proposal before the Dáil and it would be valid unless annulled by a motion of the Dáil or Seanad.

I heard that point made by the Chairman yesterday. I also heard the Minister's reply but I agree that it would be no harm to track this.

Are the proposals agreed? Agreed. I welcome Senator Coghlan.

I am deputising for Senator Bradford.

The next proposal COM (2006) 755 is a proposal for a regulation on the common organisation of the market in cereals. This is a proposal to end Community intervention purchases of maize from the 2007-08 marketing year. The Commission concludes that ending intervention for maize would allow the market to find a new balance where intervention could regain its original purpose of providing a safety net and not be used as a commercial outlet. The Department notes its reservations that the rationale for the proposal is purely an economic one and would prefer that other methods to address the problem be considered. The Department suggests measures such as placing a ceiling on intervention levels and more stringent quality criteria for maize entering intervention. The proposal has no implications for Ireland since maize for cereal production is not grown here. It is proposed that this measure be referred to the Joint Committee on Agriculture and Food for further scrutiny in the context of the comments made by the Department regarding the rationale behind the proposal and alternative options. Is that agreed? Agreed.

There are no Title IV measures, no CFSP measures and no proposals proposed for deferral.

COM (2006) 808 is a proposal for a decision concerning the EC-Turkey association council and the implementation of the customs union in respect of certain processed agricultural products. This proposed measure follows the 2004 enlargement of the market in the European Union and concerns the appropriate changes to concessions to Turkey with regard to certain processed agricultural products, such as sugar confectionary, chocolate, sweets, stuffed pastas, ice cream and biscuits. I hope members have had their breakfasts. The Commission and Turkey reached agreement on the appropriate changes to the concessions in September 2006. Agreement is now required in the EC-Turkey association council and this proposal seeks approval for the Community position within that council. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 813 is a proposal for a regulation on the scrutiny by member states forming part of the system of financing by the European agricultural guarantee fund. The Commission sets out in the memorandum to this proposal that the 1989 regulation on scrutiny by the member states of transactions forming part of the system financing of the European agricultural guidance and guarantee fund has been amended on a number of occasions and requires codification in the interests of clarity.

The 1989 regulation aims to ensure the member states take effective action to protect the financial interests of the Community, to prevent and pursue irregularities and to recover sums lost as a result of irregularities or negligence. This would be carried out by, inter alia, the member states carrying out inspections. The Department views the adoption of the proposed measure as having no implications for Ireland. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 836 is a proposal for a decision on the conclusion of the amending association agreement between the EC and Jordan. The Department has confirmed that it views the adoption of the proposed trade liberalisation measure as having no implications for Ireland. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 850 is a proposal for a regulation on energy statistics, aiming to put in place a legal basis for the collection of comparable European energy statistics. The collection of energy statistics is currently under way in member states but is based only on a gentlemen's agreement. The proposed regulation does not seek to add any additional burden on member states save where data under the existing arrangement is not currently supplied. The CSO has indicated that it is currently working with Sustainable Energy Ireland to develop a framework for the implementation of this regulation. It is proposed that this proposal does not warrant any further scrutiny. Is that agreed? Agreed.

COM (2006) 864 is a proposed regulation on the submission by member states of statistics on aquaculture. Member states are required by Regulation 788/96 to provide annual data on aquaculture production. The Commission in its explanatory memorandum to this proposal notes that since the regulation was introduced, aquaculture has grown greatly and currently contributes 27% by value to total EU fishery production. The aim of the proposal is to require member states to submit data as follows: annually on volume and value of aquaculture production; and every three years on volume and value fishery product taken from wild into aquaculture, production from hatcheries and the structure of aquaculture holdings. The Department of Communications, Marine and Natural Resources in its information note explains that the proposal would have no data gathering implications for Ireland, given that the relevant information is already supplied. It is proposed that this proposal does not warrant any further scrutiny Is that agreed? Agreed.

COM (2006) 866 is a proposal to amend the regulation on mutual assistance between member states and the Commission to ensure the correct application of the law on customs and agricultural matters. This proposal, which was deferred at the last meeting of the sub-committee, aims to further strengthen the co-operation between member states and the Commission to ensure correct application of the law on customs and agriculture matters. Regulation 515/97 already provides the legal basis for mutual assistance between members states and the Commission to combat irregularities and fraud by using the customs information system, CIS, to alert each other to risks of irregular operations. This proposal will allow a member state receiving information from another member state under the CIS to communicate that information to a third country, provided the member state which originally sent the information gives its prior consent. Among the other main specific changes proposed are: empowering the Commission to negotiate with service providers for the pooling of customs and trade data in a single accessible directory; updating the provisions on the control of personal data under the CIS; using CIS data for analysis purposes to assist in detection and prosecution; and creating the community customs files identification database to track investigations in each member state and to release that information to competent authorities upon request.

The Revenue Commissioners state in their information note that the Irish customs authorities already use CIS on a day-to-day basis in mutual assistance and operational co-operation and that the proposal will not have any implications other than to enhance further their ability to co-operate with their counterparts in the EU. This proposal was deferred pending clarification of the legislative and specific cost implications for Ireland. The Department has supplied further information and has confirmed that there are no consequences for national legislation and no cost implications as the new database will be accessed using the current technology infrastructure. It is proposed that this proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2007) 11 is a proposal for an amending decision concerning the association of the overseas countries and territories, OCTs, with the European Community. As Members will be aware, a number of member states have special relationships with overseas territories that are not part of the Community, such as Denmark has with Greenland. The Council adopts specific rules in regard to OCTs, the provision of Community financial assistance and the associated governance and institutional issues. Under the tenth European Development Fund, the OCTs will receive €286 million over the period 2008-13. This proposal from the Commission concerns approval for the continuation of the legal base for the provision of support until 13 December 2013. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2007) 54 is a proposal for a regulation imposing an anti-dumping duty on tungsten electrodes originating in the People's Republic of China. It is proposed that the proposed measure does not warrant further scrutiny. Is that agreed? Agreed.

As members will be aware from recent meetings of the sub-committee, comitology procedures were amended by Council Decision 512 of 2006. The revised procedures now include a regulatory procedure with scrutiny, allowing scrutiny by the European Parliament. This new procedure applies in respect of certain Acts where the implementing powers delegated to the Commission allow the Commission to make provisions of general scope. In October 2006, the Commission, the Council and the European Parliament agreed a list of 25 instruments which required amending to include this new procedure as a matter of urgency. The Commission is currently screening existing legislation in order to decide whether the new procedure should apply. The following five proposals are of the same suite.

COM (2006) 904 is a proposal to amend the regulation on the Schengen borders code. COM (2006) 906 is a proposal to amend the money laundering directive. COM (2006) 908 is a proposal to amend the regulation on maximum residue levels of pesticides. COM (2006) 912 is a proposal to amend the regulation on genetically modified food and feed. COM (2006) 923 is a proposal for a directive concerning the placing of biocidal products on the market. I am informed that biocidal products are non-agricultural pesticides. It is proposed that these proposed measures do not warrant further scrutiny. Is that agreed? Agreed.

COM (2007) 17 is a proposal for a regulation laying down specific rules with respect to the fruit and vegetable sector and amending related regulations. This proposal aims to align the common organisation of the fruit and vegetable market with the CAP reforms of 2003. We referred earlier to the issue and have agreed a press statement on it. The Commission is proposing that greater encouragement be given to consolidation of the co-operation between growers and that fruit and vegetables be included in the single payments scheme. As members will have noted, the Commission contends that the shifting from production support to direct aid to producers will contribute to a more market-orientated and sustainable agriculture. The promotion of greater levels of consumption would, inter alia, occur by permitting the funding of promotional campaigns under the associated funding for the regulation. This funding will be neutral, as related export subsidies, which Ireland does not receive, would be abolished. It is proposed that the proposed measure be referred for information to the Joint Committee on Agriculture and Food. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Health and Children, in the context of the aspects of the proposed measure concerning the promotion of the consumption of fruit and vegetables by young people. Is that agreed? Agreed.

COM (2006) 787 is a proposal for a directive on the identification and designation of European critical infrastructure and the assessment of the need to improve their protection. This proposal aims to advance the process whereby criteria would be agreed at the level of the European Union as to what would constitute European critical infrastructure. Under the proposal, each member state would report to the Commission on developments related to European critical infrastructure based in the respective state. It is proposed that the proposed measure does not warrant further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Environment and Local Government. Is that agreed? Agreed.

COM (2007) 12 is a proposal to amend the regulation on the financing of interventions by the European agricultural guidance and guarantee fund. This proposal is related to COM (2006) 755 on the proposed abolition of intervention for maize and the Commission has asked the Council to consider them in tandem. This proposal aims to increase the EU contribution to the financial costs of intervention for cereals. Essentially, this proposal seeks to extend an arrangement in place for the period from 2005-06 to 2007-08. Costs for member states arise from the obligation to buy from producers agricultural products which are subject to an intervention mechanism and to bear the cost of public storage of such stocks. In some member states, the interest rates used to finance this activity are substantially higher than the standard recoupment rate. This proposal aims to alleviate this extra financial burden by compensating member states where the interest rates experienced exceed twice the uniform rate. The Commission will refund the difference between the uniform rate and the rate charged. The Department considers that the proposal has no implications for Ireland. It is proposed that the proposal does not warrant further scrutiny but that it be forwarded for information to the Joint Committee on Agriculture and Food in the context of COM (2006) 755, which was referred for further scrutiny. Is that agreed? Agreed.

COM (2006) 798 is a proposal for the opening of tariff quotas for imports into Bulgaria and Romania of raw cane sugar. This proposal aims to open tariff quotas for imports into Bulgaria and Romania of raw cane sugar. These countries rely hevily on imports of sugar from traditional suppliers in third countries, such as Brazil and Cuba. To ensure the sugar supply to those countries the Commission proposes opening tariff quotas on imports for the marketing years 2006-07, 2007-08 and 2008-09. The proposal also aims to fix the applicable import duty at a level that is not prohibitive for Bulgaria and Romania, while ensuring fair competition in the Community sugar market. The Department has indicated that this proposal is of minor significance having no implications for Ireland. It is proposed that the measure does not warrant any further scrutiny. Is that agreed? Agreed.

COM (2006) 822 is a proposal for a regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products. This proposal aims to amalgamate the existing 21 common market organisations, CMOs, into a single CMO and the Commission has put forward this proposal as part of its simplification agenda. Currently each agricultural sector, for example milk, rice and cereals, is regulated by separate Council regulations. Most of these basic regulations follow the same structure and contain numerous common provisions. The proposal aims to amalgamate these 21 regulations into a single CMO to harmonise provisions that would then apply similarly to all sectors, for example areas of policy such as intervention, import tariff quotas, competition rules and the communication of data.

This proposed regulation would apply to all products currently governed by a CMO and would incorporate other agricultural products not currently subject to a CMO such as silk worms, ethyl alcohol and apiculture, or honey, products. In addition this proposed regulation would incorporate further Council rules applying to agricultural products. These include rules on milk quotas, specific provisions on private storage and public intervention, state aid and competition rules.

The Department has supplied further information and has confirmed that this proposal is being carefully examined at working group level and that the Department will ensure it is satisfied that the text contains no changes in policy. The Department, in its information note, has raised concerns at the manageability of a single CMO as envisaged by this proposal and indicates that a number of other member states have raised the same issue. While the Commission has indicated that steps will be taken to address the issue the Department will seek a solution that ensures the Department's sectoral experts are facilitated in fully participating in and influencing the decision making process on the market measures in their sectors.

It is proposed that, while this measure does not warrant further scrutiny, it should be forwarded to the Joint Committee on Agriculture and Food for information in the context of the concerns raised by the Department. It is also proposed to ask the lead Department to keep that committee informed of the progress of this proposal. Is that agreed? Agreed.

COM (2006) 827 is a proposal amending the regulation establishing a quota system for the production of potato starch. A quota system applies to the production of potato starch in the EU. Quotas were allotted to member states and, within each, subquotas were allotted to manufacturers. These quotas apply to the end of the 2006-07 marketing year.

The Commission has presented to Council a report on the functioning of the quota system. Based on the report the Commission proposes a roll-over of the current quotas to the 2007-08 and 2008-09 marketing years to allow proper analysis of the effect of the reform of the sugar sector on the starch market. The Department, in its information note, has indicated that this proposal will have no implications for Ireland and that Ireland does not produce potato starch and does not hold a quota. It is proposed that this measure does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 861 is a proposal to amend the regulation on the tariff and statistical nomenclature and on the common customs tariff. This proposal aims to suspend import duties on unwrought, not alloyed aluminium. The market for raw aluminium has become increasingly dominated by holdings in third countries offering a wide range of aluminium products. This trend has resulted in member states using raw aluminium, suffering a competitive disadvantage having to pay import duties while operating in an environment of higher energy prices than some third countries.

The proposal seeks to suspend import duties on raw aluminium to restore the competitiveness of small industries using such aluminium for industrial transformation and to avoid further price increases for consumers. The Department, in its information note, considers this proposal to be purely technical with no implications for Ireland. It is proposed that this technical proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2006) 791 is a proposal for a Council directive amending Directive 93/109/EC of 6 December 1993 as regards certain detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a member state of which they are not nationals. It is set out, in the Commission's memorandum to this proposal and in the Department's note, that the administrative procedures and information exchange between member states relating to helping prevent double voting and double candidature are seen as extremely onerous and difficult to implement effectively.

The Commission concludes its memorandum with the proposal for the existing administrative burden to be reduced to declarations on documentation in the member state of residence and for there to be effective, proportionate and dissuasive penalties for inaccuracies in declarations. There would also be a report on how effective this approach has been, at a later date. The Department indicates, in its note, that the proposed measure would significantly reduce the related administrative burden in Ireland. It then suggests that the proposal is a positive and timely response by the Commission to concerns expressed by member states. I understand that, while the current proposal concerns administrative simplification measures that may ease the burden on electoral administrations across the member states, the line of thinking outlined in the Commission's options section of the proposal suggests that more radical measures may be considered in the future.

It is proposed that the proposed measure does not currently warrant further scrutiny. It is also proposed that the proposed measure be forwarded for information to the Joint Committee on Environment and Local Government. It is also proposed that the Department be requested to keep the committee informed of significant developments relating to this proposal. Is that agreed? Agreed.

The age for a candidate in EU elections is 21, as opposed to 18 for the Dáil.

Nos 6.1 to 6.3 relate to Green and White Papers. COM (2006) 744 is a Green Paper on the review of the consumer acquis. The Commission sets out, in its introduction to the paper, that this exercise is a follow-up to the Commission’s 2004 review of the body of European consumer law in the context of the wider objective of its better regulation goals. The stated aim of the Commission’s review is to achieve a real consumer internal market, while ensuring the strict respect of the principle of subsidiarity. This might be achieved, the paper suggests, by removing the option for member states-related legislation to go beyond that which is contained in certain EU consumer legislation.

The Commission has set a timeline for the receipt of observations from interested parties of 15 May 2007. It is proposed that this significant Green Paper concerning European consumer legislation be forwarded for the information and consideration of the Joint Committee on Enterprise and Small Business. Is that agreed? Agreed.

COM (2006) 474 is a Green Paper on detection technologies in the work of law enforcement, customs and other security authorities. The Hague programme, the political programme of the Union for justice and home affairs, highlights the importance of public private interaction in the fight against organised crime and terrorism. This Green Paper sets out the basis for initiating such a dialogue in the area of detection technologies. To this end the Green Paper poses 55 questions on whether and what minimum standards are required with regard to detection technologies; means of exchanging information on best practice; future needs in terms of detection technologies along with possible solutions and the best use and possible interoperability of current technologies. The paper also seeks views on improving public private dialogue on this topic.

The Commission notes in the proposal, and this is also highlighted by the Department, that the use of detection technologies must be balanced with the protection of basic rights and respect for the privacy of all citizens. The deadline for responses was 10 January and the Department has been asked whether the Commission is likely to accept submissions at this stage.

It is proposed that this Green Paper be forwarded for information and consideration to the Joint Committee on Justice, Equality, Defence and Women's Rights for information and consideration. Is that agreed? Agreed.

No. 6.3 is a Green Paper entitled Towards a Europe Free from Tobacco Smoke: Policy Options at EU level. The aim of this Green Paper is to launch a consultation process and an open public debate on the best way to tackle passive smoking in the EU. The Commission specifically mentions the excellent example set by Ireland in this field by introducing effective measures to protect citizens from the harmful effects of environmental tobacco smoke.

The Green Paper goes on to outline two possible approaches for a smoke-free initiative and a number of policy options. It poses the questions of which approach would be more desirable, a total ban or a ban with exemptions; which policy option would be the most desirable; and what form of EU intervention is necessary to achieve the objectives. The options for EU intervention are: no change from the status quo — voluntary measures; an open method of co-ordination; Commission or Council recommendation; or binding legislation. The Commission deadline for reactions is May 2007. It is proposed that this Green Paper be forwarded for information and consideration to the Joint Committee on Health and Children. Is that agreed? Agreed.

We now come to six adopted measures. The first is a proposal for a decision extending the period of suspension of certain EC support to Zimbabwe for an additional 12-month period. The suspension has been in place since February 2002 and has been renewed on four separate occasions. The current situation in respect of human rights, democratic principles and the rule of law in that country is the background to the agreed suspension. It is proposed to note the measure. It is also proposed that the measure be forwarded for information to the Joint Committee on European Affairs. Is that agreed? Agreed.

The next item is a proposal for a decision on bilateral agreements with Bulgaria and Romania regarding the provision of information in the field of technical regulations and of rules on information society services. This seeks a Council decision to formally adopt bilateral agreements already negotiated by the Commission with Bulgaria and Romania laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services.

The objective of the agreements is to extend the notification procedure whereby the Community must exchange with Bulgaria and Romania information on technical regulations applying to products and information society services. The Council adopted these agreements on 21 December 2006 and they expired on the date of accession of Bulgaria and Romania, 1 January 2007. The Department has indicated that the proposal was purely technical and that it would have no implications for Ireland. It is proposed to note this adopted measure. Is that agreed? Agreed.

The next item is a proposal for a decision concerning the restructuring of the steel industry in Bulgaria. Under the arrangement, state aid is exceptionally allowed to the sector. It is proposed to note the measure. Is that agreed? Agreed.

The next item is a proposal for directive on freedom of movement of persons and mutual recognition of professional qualifications, by reason of the accession of Bulgaria and Romania. Under the EU arrangements in this area, where there is a substantial difference between the training undertaken in the two or more states, member states may provide for additional compensatory actions such as an aptitude test.

Although this measure merely extends existing relevant EU provisions to cover Bulgaria and Romania, it might be timely to bring to the attention of the Joint Committee on Education and Science, on this occasion, these measures concerning the recognition of professional qualifications. It is proposed to note the measure. It is also proposed that the measure be forwarded for information to the Joint Committee on Education and Science and the Joint Committee on Environment and Local Government, in the context of that committee's consideration of the Building Control Bill. Is that agreed? Agreed.

The next item is a proposal for a regulation fixing fishing opportunities and associated conditions 2007. The Department has set out that this proposal, adopted by the Council on 21 December 2006, was discussed with the Joint Committee on Communications, Marine and Natural Resources at its meeting on 13 December. It is proposed to note the measure. It is also proposed that the measure be forwarded to the Joint Committee on Communications, Marine and Natural Resources in the context of its earlier consideration of this matter. Is that agreed? Agreed.

The next item is proposals for decisions on the conclusion of the trafficking and smuggling protocols concerning transnational organised crime. As members will have noted, the Department has indicated these protocols were signed by all member states and the Community in December 2000. Approval of the proposed measures would permit the Community to conclude the protocols. It is proposed to note the measure. It is also proposed that the measure be forwarded for information to the Joint Committee on Justice, Equality, Defence and Women's Rights. Is that agreed? Agreed.

The first is notification of initiation of reviews of anti-dumping measures relating to imports of certain fluorescent lamps originating in the People's Republic of China. The Department's note indicates that the Department's consultation process has, to date, resulted in an Irish company conveying concerns on the review. It is proposed that the proposal does not currently warrant further scrutiny. It is also proposed that the Department be requested to keep the committee informed of significant developments on the Commission's review. Is that agreed? Agreed.

The next item is Commission Regulation (EC) 2005/2006 of 22 December 2006, imposing provisional anti-dumping duties on imports of synthetic staple fibres of polyesters originating in Malaysia and Taiwan. The Department's note indicates that the Department's consultation process has, to date, resulted in an Irish company indicating support for this action, while user interests have conveyed that they are opposed. It is proposed that the proposal does not currently warrant further scrutiny. It is also proposed that the Department be requested to keep the committee informed of significant developments in the Commission's actions and of the relevant companies' concerns. Is that agreed? Agreed.

The next item is notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of grain-oriented flat-rolled products of silicon-electrical steel originating in Russia. The Department's note indicates that the Department's consultation process has, to date, resulted in no Irish company conveying concerns about the review. I understand a typo in the material circulated resulted in indicating that an Irish company had concerns with the proposal. It is proposed that the proposal does not currently warrant further scrutiny. Is that agreed? Agreed.

The next item is the minutes of the meeting of 8 February 2007, which have been circulated. Are they agreed? Agreed. The next item is the draft 78th report, which has been circulated to members. I propose that the report be forwarded to the Joint Committee on European Affairs for agreement to lay before both Houses along with appendices. Is that agreed? Agreed. I thank the committee for preparing the report.

The fourth annual report on the operation of the European Union (Scrutiny) Act 2002 for the period 1 January to 31 December 2006 has been circulated. I propose that the report be forwarded to the Joint Committee on European Affairs for agreement to lay before both Houses along with appendices. Is that agreed? Agreed.

I referred earlier to a letter from Deputy Deasy, who enclosed a copy of a letter and submission from IBEC entitled "Improving the EU Regulatory Environment". In this submission IBEC has offered to assist the committee in the scrutiny of EU legislation. It is proposed that we write to IBEC offering to circulate the schedule of documents for consideration at each of our scrutiny meetings in advance and invite the forwarding of any comments relating to these documents. It is also proposed to send this correspondence to the Joint Committee on European Affairs for information.

In that context I had suggested that we might also send the documents to ISME and the ICTU, if that is agreeable.

From a practical point of view, I presume these documents are on-line and they could be transmitted via e-mail to these organisations. This would be in preference to creating more paperwork.

I am told they are on the Commission's website and we would e-mail those organisations a list.

I feel it would put an onerous responsibility on the staff here to produce these documents.

I agree.

They must also be presented and posted. If the bodies have enough interest they can download the documents themselves for scrutiny and in order to make observations to this committee.

It is another burden for the small group of people working here.

We need only point out that these directives exist and where they are available to be downloaded.

The Irish Business and Employers Confederation, IBEC, expressed an interest so we should accede to its request and include the other two. If there are other organisations that could be consulted or informed the Senator might let us know.

It is proposed to note a letter from the Department of Enterprise, Trade and Employment concerning item 7.2 on today's agenda. Is that agreed? Agreed.

No. 13 is a list of reports submitted by Departments under the European Union (Scrutiny) Act 2002 regarding measures, proposed measures and other developments relating to the European Community and the European Union and they have been circulated. It is proposed to note these reports and any member who wishes to receive a copy of them should contact the secretariat. Is that agreed? Agreed.

The sub-committee adjourned at 10.55 a.m. sine die.
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