Committee Reports::Report - Review of EU Legislation::01 March, 2000::Report

Preface

The Joint Committee on European Affairs has been charged by the Oireachtas to consider inter alia draft EU legislation and regulations made by the Government under the European Communities Acts. This Report is a review of the legislative activities of the Joint Committee on European Affairs during 1999.


The Joint Committee has followed up with Government Departments and others in the case of some proposals. Copies of correspondence with Government Departments are attached at Appendix I.


The Joint Committee is grateful to Curtin Dorgan Associates for its work on this review and to Mr. Patrick G. Howard for the compilation of the material in Appendix II.


___________________


Bernard J. Durkan, TD


Chairman


March 2000


REVIEW OF EU LEGISLATION

Report for 1999

I Introduction

1.1In May 1999, the consultants were asked to assist the Joint Committee in its review of draft EU legislation. Specifically the consultants were asked to examine EU draft directives and draft regulations and Statutory Instruments (‘SIs’) issued under the European Communities Acts 1972-98 and to bring to the attention of the Joint Committee any significant matters arising from this legislation. The consultants have undertaken this on a periodic basis relying on the documents conveyed to the Joint Committee by the Department of Foreign Affairs. As of the end of December, the consultants had completed 12 periodic or ‘Progress Reports’ covering a total of 131 items of draft EU legislation and SIs sent to the Joint Committee from March 1999 onwards.


II Summary of the Proposed Legislation Reviewed by the Joint Committee

2.1The tables below give some statistical information on the type of legislation submitted to the Committee, the extent to which it has been adopted, and the distribution of the legislation between the different Departments of State and between the different policy areas of the EU.


2.2As Table 1 shows there were 131 items in all of which over half were proposals for Regulations and about one quarter were Statutory Instruments. About half of the Regulations and Directives were agreed by the end of the year and most of these had been published in the Official Journal. A few had been agreed at least at Council level but were waiting European Parliament scrutiny or had just not yet been published. A small number of proposals had been withdrawn or had lapsed.


2.3Table 2 shows the distribution of proposals by main EU policy area. As might be expected, Agriculture was the largest followed closely by ‘External Relations’. A high proportion of those in Agriculture implement improvements in standards and controls over animal and plants. Most of these are individually rather minor adjustments, but their cumulative effect is an improvement in the safety of food, albeit at a cost in terms of compliance by producers, enterprises and member state Governments. The main element in the External Relations is with trade matters and of these about half were proposals for anti dumping or countervailing duties.


2.4Two other active areas were Fisheries, and industrial Policy and Internal Market. Most of the proposals relating to Fishing dealt with controls on fishing in specific areas, or for specific types of fish. The largest element in the Industrial policy area concern measures to improve the effectiveness of the internal market.


Table 1: Status of Proposals

Type of Legislation

Number

Adopted

Withdraw n

Under Discussion as of 1st March 2000

Statutory Instruments

38

38

0

0

Draft Regulations

73

55

2

16

Draft Directives

20

9

0

11

Total

131

102

2

27

 

Table 2: Proposals by EU Policy Area

Policy Area

Statutory Instruments

Regulations

Directives

Total

General Financial and Institutional Matters

 

7

1

8

Customs Union and Free Movement of Goods

 

2

1

3

Agriculture

13

17

7

37

Fisheries

 

14

1

15

Freedom of Movement for Workers and Social Policy

 

 

1

1

Right of Establishment and Freedom to Provide Services

1

 

1

2

Transport Policy

 

 

 

 

Competition Policy

2

 

 

2

Taxation

 

 

1

1

Economic and Monetary Policy

 

 

 

 

External Relations

4

32

 

36

Energy

 

 

 

 

Industrial Policy and Internal Market

12

 

3

15

Regional Policy

 

 

 

 

Environment Consumers and Health

4

 

4

8

Science, Information Education and Culture

2

 

 

2

Area of Freedom Security and Justice

 

1

 

1

Total

38

73

20

131

 

Table 3:Proposals by Department

Departments

Statutory Instruments

Regulations

Directives

Total

Agriculture and Food

13

15

6

34

Arts, Heritage, Gaeltacht and Islands

1

 

 

1

Foreign Affairs

 

13

 

13

Education and Science

1

 

 

1

Environment and Local Government

 

 

2

2

Enterprise, Trade and Employment

8

22

5

35

Finance

 

6

2

8

Health and Children

4

 

2

6

Justice and Law Reform

1

1

1

3

Marine and Natural

 

16

2

18

Resources

 

 

 

 

Public Enterprise

10

 

 

10

Total

38

73

20

131

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/1, May 1999

No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99001

Amended proposal for a Council Regulation (EC) imposing a definitive anti- dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan

Com (1999) 161

Enterprise Trade and Employment

990413

Also dealt with in Report 6 of Nov 1998 Item 76 (COM (98) 619 final). The Japanese company in question has excess capacity in Japan and there is a concern that European industry would be injured by exports from that plant. Subsidiary in Mexico has already been subject to an EU anti-dumping measure (in force until March 2002). The Proposal is that the duty imposed on time as measure concerning imports time as measure concerning imports originating in Mexico

Anti-dumping duty was enforced 5 years ago and normally it takes over five years to date of expiry. A new investigation led to a proposal by the Commission that duties would be continued but unusually the Council disagreed. The proposal would have little effect in Ireland.

Proposal withdrawn

99002

Proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on the imports of calcium metal originating in Russia and the People’s Republic of China

Com (1999) 75

Enterprise Trade and Employment

990310

Following the interim review investigation in 1995 of injury and competition aspects concerning the import of calcium metal originating in Russia and China, the Commission concluded that the Community industry was still suffering material injury and that the further imposition of duties was warranted. However, due to a decrease in costs of the Community producer, the duties in force were amended downwards

There has been an anti-dumping duty in existence but there was a change in the regulation to allow Russia and China market economy status. This amounts to a technical review or a change in the circumstances of the regulation. There is no impact on Ireland but Ireland supported the reduction of duties imposed

Adopted as Regulation 733/1999 of 30th march 1999. Published in OJ L94 on 9thApril 1999

99003

Proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary, and collecting definitively the provisional duty imposed

Com (1999) 95

Enterprise Trade and Employment

99.03.03

The Commission imposed a provisional anti-dumping duty and imports of polypropylene binder or baler twine originating in Poland, the Czech Republic, Hungary and Saudi Arabia under Regulation (EC) 2107/98. Following this imposition, definitive findings confirmed existence of dumping and resultant injury to Community industry, with the exception of Saudi Arabia. The Commission proposed that the Council approve the imposition of an definitive anti-dumping duty on imports from Poland, the Czech Republic and Hungary; and the termination of the proceedings against Saudi Arabia without measures

In general the imposition of the duties was supported. Irish Ropes felt that Ireland should support the introduction of duties and that products were being dumped. In relation to Saudi Arabia, the extent to which underselling was occurring was having a de minimis effect on Community industry. Thus Ireland supported the general recommendations of the Commission

Adopted as Regulation 603/1999 of 15th March 1999. Published in the OJ L75 of 20th March 1999.

99004

Proposal for a Council Regulation (EC) establishing a double-checking system for exports of certain ECSC steel products from the Republic of Poland to the European Community for the period 1 April to 31 December 1999

Com (1999) 118

Enterprise Trade and Employment

990315

This regulation required, for the period 1st April to 31st December 1999, that the import of certain iron and steel products to the Community from Poland should be subject to the presentation of a surveillance document issued by authorities in the Community. In addition, such products would be subject to the issue of an export document issued by the competent Polish authorities

The requirement will have little effect on Ireland

Adopted as Regulation 1093/1999 of 30th March 1999. Published in OJ L133 of 28th May 1999

99005

European Communities (Telecommunication s Infrastructure) (Amendment) Regulations 1999

S.I. 70 of 1999

Public Enterprise

99.03.25

These regulations ensure that a licensed programme provided by means of any transmission system licensed under the Wireless and Telegraphy Acts 1926 to 1988, including Cable and MMDS systems, is exempted from the requirement to also have a telecommunications licence for the provision of the services specified in a licence under these Acts

Earlier SI was drafted to implement 2 directives. Due to an oversight, only cable licences were exempted, not MMDS. The correction was prompted by the recognition of the inadequacy of the system when the Director of Telecommunications was about to issue a set of regulations which would combine systems that were separately licensed under separate regulations.

Signed by Minister on 25th March 1999

99006

European Communities (Voice Telephony and Universal Service) Regulations, 1999

S.I. 71 of 1999

Public Enterprise

990325

These regulations combine the following: Legal effect to the application of Open Network Provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment, and Amendment to S.I 15/98 (Directive 97/33/EC of 30th June 1997) on interconnection in telecommunications with respect to ensuring universal service and interoperability through application to the principles of ONP

This is related to a series of Directives dating from 1999. This S.I. represents the final stages in telecommunications harmonisation and liberalisation and refers to harmonisation only. Telecom Eireann was designated Universal Service provider on 15th May 1999 and can apply to the Regulator for compensation for cost of the universal service obligations it must carry.

Signed on 25th March 1999

99007

Proposal for a Council Regulation amending Regulation No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin.

Com(99) 130

Agriculture and Food

990318

The proposal aims to update procedures contained in Regulation 2377/90 in the light of subsequent legislation dealing with authorisation of human and veterinary medical products and also the terms of the Uruguay Round of trade negotiations

Proposal is largely technical, ensuring transparency and coherence with maximum residue limits (mrl). It is a basic requirement that substances not adhering to mrl’s must be removed from the markets. In essence, Ireland is in support of this proposal, but had a concern that it would apply to horses which, in Ireland are, not food producing animals.

Original deadline was June 1997 but this was extended to end 1999. However, agreement has still not been reached.

99008

Proposal for a Directive of the European Parliament and the Council on the posting of workers who are third-country nationals for the provision of cross border services

Com (1999) 3

Justice and Law Reform

990217

Object is to ensure that third country nationals who are working legally in one member state, can be sent by their employer to another member state. Procedures are proposed which will allow this to happen without opening the doors to abuse.

The object of this proposal is partly covered by judgements of the European Court. However, member states can still ask such workers to apply for visas. This proposal would dispense with that and bring in a ’Service Provision Card’. Consideration of the proposal is complicated by doubt about the Treaty base. Articles 56 and 59 cover freedom of services which is well established in EU law. But it is considered by Council experts that this proposal concerns migration and so is a matter for Title IV to which Ireland and the UK are not parties..

This proposal is still being examined by the Working Group on Economic Questions. The proposal is making slow progress

99008

Proposal for a Council Directive extending the freedom to provide cross border service to third-country nationals established within the EU

Com (1999) 3

Justice and Law Reform

990217

Object is to ensure that self employed nationals of third countries, legally established in one member state can provide services in another member state without having to be established there.

As above

As above

99009

Proposal for a Council Regulation amending for the third time Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

Com (1999) 141

Marine and Natural Resources

90326

Regulation 850/98 deals with control of fishing in certain areas and of fishing equipment with a view to conservation of stocks. This proposal is one of three, which have been proposed to take account of some shortcomings in the original Regulation. It redefines one area where fishing should not take place and changes circumstances when nets of certain sizes can be used.

The adjustments are of a technical nature resulting from oversights in the original Regulation and will not give rise to any particular problems for Ireland.

Adopted as Regulation 1459/1999 of 24th June. Published in OJ L168 of 3rd July 1999

99010

Proposal for a Council Directive to amend Directive 77/388/EEC as regards the possibility of applying on an experimental basis a reduced VAT rate on labour intensive services

Com (1999) 62

Finance

990217

Member states are under constraints about how they can change their VAT rates. This proposal aims to allow member states to move labour intensive services from the standard or high VAT rate to the lower VAT rate (e.g 12.5% in Ireland’s case) in the interest of promoting employment. Member states who are interested should make their proposals in September and then the regime will run from 2000 to 2002 inclusive.

Ireland will not avail of this concession because many labour intensive services (building, restaurants) already are at the lower rate.

Adopted as Council Directive 1999/85 on 22nd October 1999. Published in OJ L277, Vol 42 on 28th October 1999

99011

Proposal for a Council Regulation (ECSC, EC, Euratom) incorporating daily subsistence allowance rates for officials on mission within the European territory of the Member States of the European Union for Austria, Finland and Sweden into Article 13 of Annex VII to the Staff Regulations of officials of the European Communities

Com (1999) 133 final

Finance

99.03.19

The proposal sets out to incorporate daily subsistence allowance rates for Austria, Finland and Sweden into Article 13 of Annex VII to the Staff Regulations. These amendments to the Regulation have no financial implications.

The Irish authorities had a concern with the initial proposal because it had an automatic annual adjustment. The amended proposal no longer has this adjustment built in, and the Irish authorities have no difficulty with this

Adopted as Regulation 1238/1999 of 14th June 1999. Published in OJ L150, Vol 42 of 15th June 1999.

99012

Proposal for a Council Regulation opening a Community tariff quota for barley and malting falling within CN code 1003 00

COM(99) 159 final

Department of Agriculture and Food

990412

Under GATT, trade flow problems in barley and malting led to a tariff quota being established for 1996, 1997 and 1998. As trade flow problems continue to exist, this proposed to open a tariff quota of 50,000 tonnes for 1999 and 2000, ie at the same level that was in place in 1997/1998.

At present approximately 12,000 tonnes of malt barley are being imported by Annhauser Baush to brew Budweiser in Ireland. While Ireland is not capable of growing this type of barley, still the farmers are against this high level of import. On the last occasion, Ireland abstained from the vote on the tariff quota.

Adopted as Regulation 1269/1999 of 14th June 1999. Published in OJ L151, Vol 42 of 18th June 1999.

99013

Proposal for a Council Regulation (EC) for the administration of autonomous Community tariff quotas for certain fishery products

Com (1999) 96

Marine

99.03.02

Having drawn up, as part of its annual overall review, a report on the 1999 markets and supply needs for certain processed fishery products, the Commission proposed a number of tariff quotas. These tariff quotas should be opened from 1 April 1999 for periods extending to 31 March 2000.

Ireland was in support of the proposal

Adopted as Regulation 745/1999 of 30th March 1999. Published in OJ L96, Vol 42 on 10th April 1999.

99014

Proposal for a Council Regulation (EC) introducing transitional measures for the management of certain Mediterranean fisheries and modifying Regulation (EC) No 1626/94

Com (1999) 121

Marine

990315

The above mentioned Regulation contains certain technical measures applicable to Mediterranean fisheries. The measures allowed temporary derogations which expired on 31/12/98. The derogations applied to the conditions for the use of towed gears and for mesh sizes to be used with towed gears. The proposal is to allow the continuation of certain fisheries which are currently carried out under the derogatory conditions.

Not of significance to Ireland as Irish boats do not fish in that area.

Adopted as Regulation 1448/1999 of 24th June 1999. Published in OJ L167, Vol 42 on 2nd July 1999

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/2 June 4, 1999

No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99015

Proposal for a Council Regulation on development cooperation with South Africa

Com (1999) 124

Foreign Affairs

99.03.12

Proposes to modify Regulation 2259/96 which set up development cooperation between South Africa and the EU and which expires at the end of 1999. Also proposes to take account of recommendations by, inter alia the European Parliament, on improvements in the modus operandi of the programme with South Africa

No significant implications for Ireland. Ireland has a position on the committee which oversees aid to South Africa, and is involved in analysis of projects. Other Member States feel that continued aid to South Africa is not necessary at this stage but Ireland remains a strong supporter of the agreement.

Agreement was reached at Working Party level. Adoption held up by disagreements over trade agreement with South Africa.

99016

Amended proposal for a Council Regulation concerning investigations conducted by the Fraud Prevention Office

Com (1999) 140 final

Foreign Affairs

990317

In December 1998 the Commission proposed a Regulation to set up an independent fraud prevention office replacing the UCLAF, the Commission’s internal fraud department. Following discussions with the Council and Parliament it was decided not to set up a new office but to strengthen the powers of the existing Fraud Prevention Office.

The original proposal was rejected because although there were separate offices involved, the Commission was retaining the role of the Fraud Office, thus involving duplication. The revised proposal involves a fraud office which institutionally involves the Commission but which is operationally separate. Effectively the office is independent of the Commission in respect of EU funds and in due course, Parliament. Ireland is supportive of the amended proposal.

Adopted as Regulation 1073/1999 of 25th May 1999. Published in OJ L136 on 31st May 1999

99017

Proposal for a Council Directive amending Directive 76/625/EEC concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees

COM(99) 78 final

Agriculture and Food

99.03.05

In order to determine the production potential of plantations of certain species of fruit trees, the Commission needs to have available medium term estimates of production and supply on the markets. However this data is not indispensable and thus the proposed amendment to Directive 76/625/EEC is that reports from Member States should become optional.

Requires annual data on clearing and new plantation. In Ireland’s case this refers to apple trees. Ireland has no objections to supplying statistics as these are already collated through a national statistics survey.

Adopted as Directive 1999/87/EEC on 23rd November 1999. Published in OJ L16, Vol 43 on 21st January 2000

99018

Proposal for a Council Regulation (EC) imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway and repealing Regulations (EC) No 1890/97 and (EC) No 1891/97

Com(99) 146 final

Enterprise Trade and Employment

99.03.26

This proposal has come about because farmed Atlantic salmon which was not bound on the Community market by undertakings by exporters has been sold at injurious prices, even after payment of duties. It is proposed that the current form of duties be maintained in principle; and only for injuriously priced imports, the anti-dumping duty should be replaced by a minimum price. For simplification in application of the duties, it is proposed to replace the two existing regulations by a single Regulation.

This proposal has received broad support from Ireland, given the significance of its own salmon farming industry

Adopted as Regulation 772/1999 of 30th March 1999. Published in OJ L101, Vol 42 on 16th April 1999.

99019

European Communities (Retirement of Farmers) (Amendment) Regulations, 1999

S.I. No. 98 of 1999

Agriculture and Food

99.04.23

These Regulations increase the amount of the annuity payable under the Farmers’ Retirement Scheme to take account of an increase in the Consumer Price Index

This S.I. is one in a series which gives effect to Directive No. 72/160/EEC of 17 April 1972, and involves applying to the Department of Finance for an increase in rates, based on information received from the CSO regarding the CPI.

Signed by the Minister on 23rd April 1999

99020

European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 1999

S.I. No. 132 of 1999

Justice, Equality and Law Reform

990517

Consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, these Regulations extend to lawyers from those countries the European Union (Freedom to Provide Services) (Lawyers) Regulations 1979 to 1986.

This S.I. gives effect to Directive No. 77/249/EEC of 22 March 1977, enabling lawyers from the above-mentioned countries to operate in a temporary capacity in Ireland. The Directive is part of the tendency towards free movement of workers in terms of provision of services

Signed by the Minister on 17th May 1999

99021

Proposal for a Council Regulation (EC) prohibiting the sale and supply of petroleum and certain petroleum products to the Federal Republic of Yugoslavia

Com(99) 196 final

Foreign Affairs

99.04.23

This proposal was for an embargo on the sale and supply of petroleum and certain petroleum products, as well as activities that would, directly or indirectly, promote such sales or supplies, to the Federal Republic of Yugoslavia. It was proposed with a view to enhance the impact of NATO air strikes against Yugoslavia.

One of a number of proposals made to increase pressure on Belgrade. No significant direct implications for Ireland.

Adopted as Regulation 900/1999 of 29th April 1999. Published in OJ L114, Vol 42 of 1st May 1999.

99022

Proposal for a Council Regulation (EC) suspending the application of Regulation No 3274/93 preventing the supply of certain goods and services to Libya

Com(99) 184 final

Foreign Affairs

990416

On 27 August 1998 the UN Security Council adopted Resolution 1192 (1998), which opens the possibility of lifting economic and financial sanctions against Libya. This was after the Secretary-General of the UN reported on 5th April 1999 that the two accused of bombing Pan Am Flight 103 had arrived in the Netherlands for the purpose of their trial. The proposal envisages this suspension of the application of Regulation 3274/93.

Ireland is keen to have Libya back amongst the Euro-Mediterranean Partnership, as it was significant by its absence. Ireland has good neighbour relations with Libya.


The issue of the supply of arms was dealt with under a separate 1996 Regulation.

Adopted as Regulation 836/1999 of 20th April 1999. Published in OJ L106, Vol 42 on 23rd April 1999

99023

Proposal for a Council Regulation (EC) establishing certain measures concerning imports of processed agricultural products from Switzerland in order to take account of the results of the Uruguay Round negotiations in the agricultural sector.

Com(99) 186 final

Agriculture and Food

99.04.22

The existing free trade agreement with Switzerland currently provides for only variable components to be applied to certain processed agricultural products. The Uruguay Round multilateral negotiations provides for the application of specific amounts to processed agricultural products in place of the previous variable tariffs. Until all the changes necessary to implement the results of the Uruguay negotiations have been negotiated with Switzerland, the Commission proposed to adopt autonomous measures in order to maintain the reciprocal preferences pending the conclusion of the negotiations.

No significant implications for Ireland.

Adopted as Regulation 1349/1999 of 21st June 1999. Published in OJ L162, Vol 42 on 26th June 1999.

99024

Proposal for a Council Regulation amending Regulation (EC) No 723/97 on the implementation of Member States’ action programmes on control of EAGGF Guarantee Section Expenditure

Com(99) 169 final

Agriculture and Food

99.04.15

To improve controls of EAGGF Guarantee Section expenditure, this Regulation aims to assist the Community to recognise and support special control measures by contributing towards the cost of controls required over and above those for which the Member States have made financial and staffing provision.

Ireland agreed with the proposal in principle, since it should result in a saving in expenditure through better control of waste. However, other member states felt strongly that expenditure control was a matter for each country to finance.

The proposal has made no progress in recent months due to strong opposition, though it has not been withdrawn and is still ‘on the table’.

99025

Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (codified version)

Com (99) 113 final

Enterprise Trade and Employment,

990414

The purpose of this proposal is for legislative consolidation of European Parliament and Council Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs The new Directive will supersede the various directives incorporated in it.

Ireland is well disposed towards this consolidation exercise. The present Directive has been in force for 20 years; has had more than 10 amendments and has become fragmented.


At present, Ireland is carrying out a similar exercise in respect of national legislation.

Adopted as Directive 1999./45/EEC. Published in OJ L200, Vol 42 on 30th July 1999.

99026

Proposal for a Council Directive on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (codified version)

COM (99) 152 final

Enterprise Trade and Employment

99.04.08

The purpose of this is legislative consolidation of Council Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work. The new Directive will supersede the various directives incorporated in that Directive.

The proposed Directive itself brings nothing new. However, the amendment relating to mutagens and hardwood dusts will have significant implications for wood industries, especially small enterprises which lack resources to make the necessary changes to work practices.

Adopted as Directive 1999/38/EEC of 1st June 1999. Published in OJ L138, Vol 42 on 1st June 1999.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/3,June 18th, 1999

No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99027

Proposal for a Council Directive concerning the Framework Agreement on Fixed Term Work Concluded by UNICE, CEEP and the ETUC

Com(99) 203

Enterprise Trade and Employment

99.04.28

The essence of the proposal is to establish similar legal protection for workers with fixed term contracts as for workers with contracts of indefinite duration. The legislation is in the form of a Directive endorsing a ‘framework agreement’ reached between the employer and trade union bodies at EU level.

Fixed term workers already enjoy much of the legal protection available to indefinite duration workers in Ireland. The Framework Agreement quoted in the Directive is expressed in very general terms. Therefore it is not clear what changes will be necessary in Irish law. The Directive requires member states to consult the social partners on this.


Of equal or greater interest than the content of the Directive itself is the legal procedure involved. It is a procedure authorised by Article 139 which was inserted following the Treaty of Amsterdam and in effect permits legislation to be proposed by the social partners at EU level. There is no formal role for the European Parliament

Adopted as Directive 1999/70/EEC of 28th June 1999. Published in OJ L175, Vol 42 on 10th July 1999.

99028

Proposal for a Council Regulation amending Council Regulation No 772/99 imposing definite anti dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway common fisheries policy

Com(99) 214

Enterprise Trade and Employment

99.04.29

Under anti dumping procedures provisional anti dumping duties are imposed when the Commission believes there is a prima facie case and while an examination is undertaken. If the examination confirms that dumping is taking place, the duties become definitive. This is what is proposed here for 6 named Norwegian companies.

With a significant salmon farming industry Ireland is generally in support of this measure.

Adopted as Regulation 1003/1999 of 10th May 1999. Published in OJ L123, Vol 42 on 13th May 1999.

99029

Proposal for a Council Regulation concerning a freeze of funds and a ban on investment in relation to the Federal Republic of Yugoslavia.

Com (99) 249

Foreign Affairs

99.04.18

The proposal responds to a decision by the Council in April that sanctions against the FRY should be extended. The extension concerning freezing funds of the Government of the FRY and of Serbia and of companies, institutions and individuals controlled by these governments. A ban is also extended to investments in these governments and companies and institutions. It is also proposed to establish a management committee to assist the Commission to implement these bans

Ireland is in support of the proposal and the official position is that the Regulation should be implemented until the Government of FRY demonstrates complete good faith in adhering to UN Resolution 1244 (which governs UN activities in Kosovo)

Adopted as Regulation 1294/1999 of 15th June 1999. Published in L153, Vol 42 of 19th June 1999.

99030

European Communities (Protection of Topographies of Semiconductor Products) (Amendment) Regulations, 1999

S.I. 113 of 1999

Enterprise Trade and Employment

99.04.28

The SI is a very minor textual adjustment to another SI (101 of 1988). These SIs concern a Directive which governs copyright protection of ‘topographies’ or layout designs of circuits on semi conductors

The SI contains no substantive changes to the existing legislation

Signed on 28th April 1999

99031

European Communities (Animals and Animal Products from Belgium) Regulations, 1999

S.I. 175 of 1999

Agriculture and Food

99.06.11

Following discovery of dioxins in animal feed originating from one factory in Belgium, the EU authorised member states to take protective action against the importation of animals or products of animals that might have consumed animal feed from this factory. The S.I. empowers the Department of Agriculture and Food to ban imports of specified agricultural products from Belgium unless they can be certified as coming from farms not using animal feed from this factory or unless the animals or products can individually be certified as dioxin free. The products in question include pigs, chicken, and cattle and their products. The officers of the Department have additional powers to deal with suspect animals or animal products

Ireland does not import many animals or animal products from Belgium. However, the emergency has given rise to a good deal of activity in searching and checking the origin of animals and animal products.

Signed on 14th June 1999

99032

European Communities (Protective measures with regards to contamination by dioxins in Belgian foodstuffs) Regulations, 1999

S.I. 172 of 1999

Health and Children

99.06.11

This S.I. is similar to the one for animals and animal products but relates to food. The S.I. prohibits the sale of such products in Ireland and authorises Health Officers to detain suspect foods until they can be certified as free of dioxins.

The disruption to trade from this Regulation was relatively significant. Some shops specialising in Belgian chocolate had to close for a while. However, much of the suspect products were given the all clear.

Signed on 11th June 1999

99033

Proposal for a Council Regulation amending the agreement between the EC and Hungary on tariff quotas for wines

Com (99) 209

Agriculture and Food

99.04.30

The proposal is to extend the terms of an agreement with Hungary covering 1993-98 setting up reciprocal tariff quotas for wines. The extension is until the end of 1999.

The proposal is of no concern to Ireland

Adopted as Regulation 1774/1999 of 29th July 1999. Published in OJ L212, Vol 42 on 12th August 1999.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/4, July 1st, 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99034

The European Communities (Prohibition of the Sale and Supply of Petroleum and Certain Petroleum Products to the Federal Republic of Yugoslavia) Regulations, 1999

S.I. No 184 of 1999

Enterprise, Trade and Employment

99.06.17

The effect of this SI is to reduce certain economic relations with the Federal Republic of Yugoslavia as provided for in Council Regulation (EC) No. 900/99 of 29 April 1999, and to provide for penalties for infringement of the prohibitions.

Ireland supported the petrol embargo when it was introduced. However, Ireland has no trade with Yugoslavia.

Signed by the Minister on 17th June 1999

99035

European Communities (Second General System for the Recognition of Professional Education and Training) (Amendment) Regulations 1998

S.I. No. 511 of 1998

Education and Science

98.10.14

The parent Directive 92/51 EC provides for certain qualification categories listed by each Member State. The United Kingdom has shifted three of its qualifications from sub-degree level to degree level. This puts a requirement on Ireland to note the change by S.I.

The change has no effect on Ireland

Signed on 14th October 1998

99036

European Communities (Energy Labelling of Household Dishwashers) (Amendment) Regulations 1999

S.I. No. 171 of 1999

Public Enterprise

990610

The S.I. gives legal effect to Commission Directive 1999/9/EC of 26 February 1999 and Council Directive 92/75/EEC of 22 September 1992, in relation to energy labelling of household dishwashers.

This is a technical amendment regarding the date of coming into force of Directive 1999/9/EC. Ireland had already brought this Directive into force, thus the S.I. has little or no effect.

Signed on 10th June 99

99037

European Communities (Energy Labelling of Household Lamps) Regulations, 1999

S.I. No 170 of 1999

Public Enterprise

99.06.10

The SI prohibits the placing on the market for sale, hire or reward, of lamps unless accompanied by information relating to the consumption of electric energy in addition to some supplementary information. This information is to be conveyed to the customer by means of a specified label and an associated fiche (product information notice). This is a move towards a decrease in the production of incandescent lamps and an increase in energy efficiency.

The European Lighting Council approached the Commission to have the time scale of this Regulation brought forward. The lighting manufacturers wished to have the timing brought forward as packaging now has to have labelling information. The manufacturers must have the “CE” mark put on their products, and the simultaneous introduction of the above mentioned labelling information reduced costs for the manufacturers. The S.I, has no significant implications for Ireland.

Signed on 10th June 99

99038

European Communities (Protective Measures with regards to contamination by dioxins in Belgian foodstuffs) Regulations, 1999

S.I. No. 185 of 1999

Health and Children

99.06.22

Due to procedural errors on the one hand on the part of the Commission and on the other hand on the part of the Department of Health and Children, S.I. No. 172/99 had to be replaced by S.I. No. 185/1999.

The implications for Ireland have already been outlined in Report 99/3 of 18th June 1999.

Signed on 222nd June 99

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/5, 16th July 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99039

European Communities (Pesticide Residues)(Products of Plant Origin including Fruit and Vegetables) Regulations 1999

S.I. No 179 of 1999

Agriculture and Food

99.06.17

Provides that a person cannot put into circulation the plant products specified in the S.I. if they contain residues above certain limits. The plant products, the residues and the limits are listed in the S.I. The S.I. consolidates a large number of EU Directives and updates limits in the light of the latest technical information.

The S.I. is an important element in the on going improvement in the protection of public health. 77 residues and about 180 plant products are mentioned. However as a consolidating and updating measure it breaks little new ground and raises no significant issues.

Signed 17th June 1999

99040

European Communities (Pesticide Residues)(Foodstuffs of Animal Origin) Regulations 1999

S.I. No 180 of 1999

Agriculture and Food

99.06.17

Provides that a person cannot put into circulation any foodstuff of animal origin if it contains residues above certain limits. The foodstuffs, residues and limits are specified in the S.I. The S.I. consolidates a large number of EU Directives and updates the limit on one product.

The same comment applies to this S.I. as for S.I. No 179. In this case there are 25 residues. 18 categories of food products of animal origin are referred to.

Signed 17th June 1999

99041

European Communities (Pesticide Residues)(Cereals) Regulations 1999

S.I. No 181 of 1999

Agriculture and Food

99.06.17

Provides that a person cannot put into circulation any cereal if it contains residues above certain limits. The cereals, residues and limits are specified in the S.I. The S.I. consolidates a large number of EU Directives and updates the limit on several products.

The same comment applies to this S.I. as for S.I. No 179. In this case there are 77 residues (as in SI 179) and eight categories of cereals.

Signed 17th June 1999

99042

European Communities (Authorisation, placing on the Market, Use and Control of Plant Protection Products) (Amendment) Regulations, 1999

S.I. No 182 of 1999

Agriculture and Food

99.06.17

This S.I. amends an existing S.I. by the substitution of an annexe updated in a recent EU Directive. The effect is to add one compound to the list of compounds for which approval has to be given.

The same comment applies to this S.I. as for S.I. No 179.

Signed 17th June 1999

99043

European Communities (Motor Vehicles Type Approval)(No 2) Regulations 1999

S.I. No 183

Enterprise, Trade and Employment

99.06.17

There is a large number of regulations relating to type approval of motor vehicles. These regulations are aimed at ensuring that safety and other standards in vehicles and components are harmonised throughout the EU, and to some extent throughout the world, and thus allow free trade movement of vehicles and parts. This S.I. is the latest in a series which implements updated standards contained in recent EU Directives.

The S.I. has the effect of improving safety standards whilst maintaining the free flow of trade in vehicles and parts. The S.I. implements gradual improvements and poses no problems for Irish interests while being of general benefit.

Signed on 17th June 99

99044

Proposal for a Council Directive on the marketing of forest reproductive material

Com(99) 188 final

Marine and Natural Resources

99.06.07

Proposes to update and consolidate legislation introduced in the EU in 1975 relating to quality standards for forest reproductive material. It also proposes to adapt it to needs of Sweden and Finland and to an OECD scheme. An environmental risk assessment will be undertaken for any material consisting in genetically modified organisms.

The proposal is a further development of existing EU standards of plant health protection, in this case trees plants and material, Ireland has a specific interest in ensuring that there are good standards of control because we are importing a lot of material to support our afforestation programme. In general the proposal is to be welcomed

Adopted as Council Directive 1999/105/EEC of 22nd December 1999. Published in OJ L11, Vol 43 on 15th January 2000.

99045

Proposal for a Council Regulation (EC) prohibiting the sale, supply, provision and export of certain goods, services and technology to the Federal Republic of Yugoslavia in order to prevent repairing of certain damage

COM (99) 266 final

Foreign Affairs

99.05.31

This proposal is to extend the ban on exports of goods, services and technology which are suitable for repairing damage to assets, infrastructure or equipment which enable the Government of FRY to conduct its policy of internal repression

Ireland has no vital interest in this proposal. Agreement on the proposal was held up by concern that the proposal would adversely affect construction and repair of social infrastructure, (hospitals, schools, etc).

Common position was adopted but proposal was not passed into law.

99046

Proposal for a Council Regulation (EC) imposing a ban on flights between the territories of the Community and the Federal Republic of Yugoslavia, and repealing Regulation (EC) No 1901/98

COM (99) 246 final

Foreign Affairs

99.05.20

On 26 April 1999 the General Affairs Council decided that the ban on flights by Yugoslav carriers should be made into a comprehensive flight ban, including the existing provisions applying to Yugoslav carriers. This was confirmed by a Common Position. The proposal is made to allow the implementation of that Common Position.

Ireland has no vital interest in this proposed regulation.

Adopted as Regulation 1064/1999 of 21st may 1999. Published in OJ L129, Vol 42 on 22nd May 1999.

99047

Proposal for a Council Regulation (EC) amending for a second time Regulation (EC) No 66/98 laying down certain conservation and control measures applicable to fishing activities in the Antarctic

Com (1999) 255

Marine and Natural Resources

99.05.27

The proposal concerns measures supporting the internal obligations of the European Community with regard to the conservation of the Antarctic marine living resources.

As Ireland does not fish these waters, the proposal is of no interest to Ireland.

Agreement has been reached at Working Party level in December.

99048

Proposal for a Council Regulation (EC) on the allocation of fishing possibilities for certain fish stocks and amending Regulation (EC) No 48/1999 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1999 and certain conditions under which they may be fished

COM (99) 251 final

Marine and Natural Resources

99.05.26

The objective of the proposal is to amend Council Regulation 48/1999 which sets down the Total Allowable Catches (TACs) and quotas for certain fish species for 1999. The proposals dealt with: dogfish and prawns in the North Sea; sprat in the Baltic; blue whiting in waters to the west of Scotland and around Ireland; and blue whiting in the Bay of Biscay

The third item is the only one of direct interest to Ireland-the allocation of already agreed TAC for blue whiting in waters to west of Scotland and around Ireland. The proposal, involving a quota to Ireland of 14,243 tonnes was unacceptable to Ireland. As a result of strong pressure by Ireland at the Council on 10th June, the German presidency introduced a compromise which increased the Irish quota to 24,000 tonnes.

Adopted as Regulation 1570/1999 of 12th July, 1999. Published in OJ 187, Vol 42 on 20th July 1999.

99049

Proposal for a Council Regulation (EC) imposing a definitive anti dumping duty on imports of magnesium oxide originating in the People’s Republic of China

COM (99) 289 final

Enterprise, Trade and Employment

99.06.11

This involve a review of duties imposed on 14 June 1993. It is now coming to the end of a period when duties would normally lapse. The consideration of previous dumping practices, and examination of the sales prices to the US market, led to the conclusion that there was a high likelihood of a recurrence of injurious dumping should the measures be allowed to lapse. Consultation has shown that a majority of Member States were in favour of the continuation of measures.

Ireland opposed the duties, but the majority was in favour.

Adopted as Regulation 1334/1999 of 21st June 1999. Published in OJ L159. Vol 42 on 21st June 1999.

99050

Proposal for a Council Regulation (EC) re-imposing a definitive anti dumping duty on imports of certain magnetic disks (3.5” microdisks) originating in Indonesia and produced and sold for export to the Community by PT Betadiskindo Binatama

COM (99) 274 final

Enterprise, Trade and Employment

99.06.04

By Regulation (EC) 1851/95 a definitive anti-dumping duty on imports of 3.5” microdisks from Indonesia was in place. PT Betadiskindo Binatama lodged an application to be excluded from this Regulation, claiming that it was a new company, not in place at the time of the establishment of the duty. The Commission opened a ‘new exporter review’ to establish this. The above mentioned company did not cooperate in the investigation, so it is proposed that the company’s microdisks remain subject to the anti dumping duty.

This proposed Regulation has no impact on Ireland. Ireland supported the proposal, as this was a straightforward case of a company trying to evade the anti dumping duty.

Adopted as Regulation 1335/1999 of 21st June 1999. Published in OJ L159, Vol 42 on 25th June 1999

99051

European Communities (Export Credit Insurance) Regulations, 1999.

SI No 203 of 1999

Enterprise, Trade and Employment

99.07.05

The purpose of the draft regulations is to give effect to Council Directive 98/29/EC of May, 1998 which provides for the harmonisation, as between Member States, of the main provisions concerning export credit insurance for medium and long-term transactions. This is set out in the Annex to the Directive, which deals with four main issues: constituents of cover; premiums; country cover policy; and notification procedures.

As the State no longer provides export credit insurance, the only implication will be a requirement to comply with the notification arrangements provided for in the Directive. In Ireland’s case, this will simply reflect the fact that we no longer provide cover.

Signed on 5th July 1999

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/6, 21st July 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99052

European Communities (Processing of Mammalian Animal Waste) (Amendment) Regulations, 1999

S.I. No. 200 of 1999

Agriculture and Food

99.06.30

The S.I. gives effect to the European Communities (Processing of Mammalian Animal Waste) Regulations, 1998 and 1999. It refers to time, temperature and pressure controls which must be used when processing animal waste which is subsequently fed to animals whose flesh is not intended for human consumption.

When originally giving effect to the European Community Regulations, the Irish authorities excluded the processing of animal waste through knackeries, as this was a derogated area in relation to animal waste processing. When the European auditors examined the situation, it was discovered that a small percentage of animal waste processed through knackeries was sold to pet food shops and, as such, the derogation was not applicable. For this reason, Ireland had to change its legislation to include knackeries.

Signed on 30th June 1999

99053

European Communities (Official Control of Foodstuffs) (Amendment) Regulations, 1999

S.I. No. 210 of 1999

Health and Children

99.07.08

The European Communities (Official Control of Foodstuffs) (Amendment) Regulations, 1999, amend the European Communities (Official Control of Foodstuffs) Regulations, 1998 (S.I. No 85 of 1998) which contains all the necessary enforcement powers for substantive EU legislation relating to foodstuffs.

Following the issue of S.I. No 85 of 1998, it came to light that the principal regulations had inadvertently confined “control” to those Regulations dealing with inspections. S.I. 210 of 1999 extends the powers of authorised officers to those provisions dealing with control, inspection, powers of entry, sampling, suspension of a business, etc., all of which are essential aspects of the control function.

Signed on 8th July 1999

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/7, 13th August 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99054

Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/61/EEC relating to the type-approval of two or three wheeled motor vehicles

Com (1999) 276 final

Enterprise Trade and Employment

99.06.25

The ultimate purpose of this legislation is to ensure that uniform standards are applied to motor vehicles thus preventing obstacles to trade through different national standards. The purpose of this specific proposal is to facilitate type approval (that is approval of the whole vehicle, and not just its parts). It updates earlier legislation relating to two and three wheeled vehicles in the light of experience with similar legislation relating to other types of motor vehicles.

Since Ireland does not have an automotive sector this proposal will not cause any particular problems but on the other hand is to be welcomed as a measure which helps to integrate the EU market.

Under discussion.

99055

Proposal for a Council Regulation (EC) imposing a definite countervailing duty and collectively definitively the provisional duty imposed on stainless steel wires with a diameter of 1 mm or more originating in India and terminating the proceeding concerning imports of stainless steel wires with a diameter of 1 mm or more originating in the Republic of Korea

Com (1999) 318 final

Enterprise, Trade and Employment

99.06.23

The Commission started an inquiry into allegations of dumping and unfair state subsidies against India and Korea in relation to this product in 1998 and in 1999 and imposed provisional duties. Following completion of the investigation the Commission proposed to make the duties definitive in the case of India but to remove those imposed on Korean imports.

Ireland is not a producer nor a significant direct importer of these products and so can only be affected indirectly, if at all by the proposal. However, Ireland did oppose the proposal on the grounds that special consideration should be given to the situation of a less developed country like India

Adopted as Regulation 1599/1999 of 12th July 1999. Published in OJ L189 on 22nd July 1999

99056

Proposal for a Council Regulation (EC) imposing a definite countervailing duty and collectively definitively the provisional duty imposed on stainless steel wires with a diameter of less than 1 mm originating in India and terminating the proceeding concerning imports of stainless steel wires with a diameter of less than 1 mm originating in the Republic of Korea

Com (1999) 318 final

Enterprise, Trade and Employment

99.06.23

Same comment as for 99055.

Same comment as for 99055

Adopted as Regulation 1601/1999 of 12th July 1999. Published in OJ L189 on 22nd July 1999

99057

Proposal for a Council Directive of the European Parliament and of the Council on the Community code relating to medicinal products for human use (codified version)

Com (1999) 315 final

Health and Children

99.06.28

The purpose of this proposal is to codify EU legislation relating to medicines for human use. The codification is in accordance with a Commission decision that all measures should be codified after ten amendments in the interests of accessibility. The legislation referred to set down safety standards throughout the EU in relation to a large number of types of medicines.

There is no change of substance in this proposal. However, it should make the legislation easier to understand and administer. The proposal is being considered in conjunction with codification of medicinal products for veterinary use (99096) and is very complex.

Under discussion in Council Working Groups

99058

Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 47/1999 of 22 December 1998 on the arrangements for imports of certain textile products originating in Taiwan

Com (1999) 237 final

Enterprise, Trade and Employment

99.05.18

In imposing quantitative restrictions on imports of certain textile garments from Taiwan the Commission used a measure of quantity (i.e. pieces) which was unduly harsh on Taiwan by reference to the previous measure (i.e. kilograms). This proposal changes the conversion ratio between kilos and pieces used by the Commission in Regulation No 47/1999 so as to ensure that Taiwan’s exports to the EU are at least no lower than in 1997

The proposal essentially aims to correct an anomaly and is unlikely to have any noticeable effect on the Irish textile industry No representations have been received on the proposal to date.

Adopted as Regulation 1556/1999 of 12th July 1999. Published in OJ L184 of 17th July 1999

99059

Proposal for a Council Regulation (EC) on the import of bran, sharps and other residues of the sifting, milling or other working of certain cereals in originating in Algeria, Morocco and Egypt and the import of durum wheat originating in Morocco

Com (1999) 288 final

Agriculture and Food

99.06.14

The EU has special arrangements with these countries for importing these products. Transitional implementing Regulations have been passed to permit implementation of the WTO Agreements with respect to these special arrangements. These expire on 30 June 1999 and pending new agreements this proposal extends the transitional implementing Regulations

The proposal is essentially a legal technicality.

Adopted as Regulation No 1722/1999 of 29th July 1999. Published in OJ L203 on 3rd August 1999

99060

Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1696/71 on the common organisation of the market in hops

Com (1999) 302 final

Agriculture and Food

99.06.21

The amendments in this Regulation are due to changes in the common market for hops such as the introduction of the prohibition on national aids and the introduction of a flat rate of EU aid.

Ireland has no great interest in this crop.

Adopted as Council Regulation 191/2000 on 24th January 2000 and published in OJ L23, Vol 43 on 24th January 2000.

99061

Proposal for a Council Regulation laying down the weightings applicable from 1 January 1999 to the remuneration of officials of the European Communities serving in third countries

Com (1999) 343 final

Finance

99.07.08

The Commission is required to propose amendments every six months to ‘weightings’ which are applied to the salaries of EU officials working in third countries. These weightings are intended to maintain parity of local purchasing power of salaries with the same salaries in Brussels. The adjustments to the weightings in this proposal actually result in a net reduction of salaries in these countries.

Not of direct concern to Ireland.

Adopted as Council Regulation (EC, ECSC, Euratom) 2120/19999 on 1st October 1999. Published in OJ L261, Vol 42 on 7th October 1999.

99062

Proposal for a Directive of the European Parliament and the Council on national emission ceilings for certain atmospheric pollutants

Com (1999) 125 final

Environment and Local Government

99.06.09

There are a number of Directives in this area already which commit member states to certain levels of emission of pollutants by specific dates. However, this Directive proposes to reduce the limits further. The cost to Ireland, is estimated to be about Euro 44 million per annum over and above the costs of implementing the existing Directives. The benefit is a further decrease in pollution.

Ireland and other EU countries have recently signed a UN Protocol which is voluntary but contains similar, though less ambitious, objectives. The Governments of a number of EU member states feel that the objectives in the UN Protocol are sufficient for the time being. The proposal is highly significant.

The proposal is under discussion in Council Working Groups.

99063

Proposal for a Directive of the European Parliament and the Council relating to ozone in ambient air

Com (1999) 125 final

Environment and Local Government

99.07.09

This proposal is an integral part of 99062 and the two should be considered together.

As for 99062

As for 99062

99064

Proposal for a Council Regulation (EC) concerning the arrangements applicable to imports into the Community of products originating in Albania and amending Council Regulation (EC) No 2829/98 of 21 December 1998 applying a multi annual scheme of generalised tariff preferences for the period 1 July 1999 to 31 December 2001 as regards Albania (presented by the Commission).

Com (1999) 304 final

Enterprise, Trade and Employment

99.06.18

The purpose of this proposal is to extend to Albania preferential tariff treatment along the lines already extended to other countries in the Balkans. The proposal is made for political and for economic reasons.

It seems very unlikely that the proposal could lead to any increase in imports from Albania which would threaten Irish commercial interests. On the other hand Ireland has an interest in promoting the economic and social development of one of Europe’s poorest economies.

Adopted as Council Regulation 1763/1999 of 29th July 1999. Published in the Official Journal L211 of 11th August 1999

99065

Proposal for a Council Regulation amending Regulation (EC) No 1628/96 relating to aid for Bosnia and Hercogovina, Croatia and the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and setting up a European Agency for Reconstruction

Com (1999) 312

Foreign Affairs

99.06.23

This is an amendment to the ’Obnova Regulation’ under which EU provides assistance to Bosnia. The proposal is to extend that Regulation to cover Kosovo and to take account of some of the specifics of Kosovo (e.g. that it remains part of Yugoslavia though under international administration). It also is proposed to set up an agency for reconstruction which will manage the reconstruction programmes in Kosovo

There has been some controversy about the efficiency and the effectiveness of EU aid to Bosnia. Concerns on this account of been expressed in the European Parliament. The Irish Government will be concerned to ensure that the lessons learned in Bosnia are applied in Kosovo through improved administration.

Adopted as Council Regulation 2454/1999 of 15th January 1999 and published in the OJ L299, Vol 42 of 20th November 1999.

99066

European Communities (Operation of Road Passenger Transport Services by Non resident Carriers) Regulations, 1999

SI No 229 of 1999

Public Enterprise

99.07.06

The S.I. implements Directive 1298 which obliges member states to permit ‘cabotage’ in bus and coach passenger transport. Cabotage means allowing a foreign carrier not established in a member state to offer passenger services in that country. Up until now it has only been possible on a limited basis.

It is not clear what effect liberalisation of cabotage will have on the Irish industry. Some concerns have been expressed by PAMBO the Irish private sector bus association.

Signed by the Minister on 6th July 1999

99067

European Communities (International Carriage of Passengers) Regulations, 1999

SI No 174 of 1999

Public Enterprise

99.06.10

This S.I. implements Directive 11/98 and deals with the authorisation of all types of international coach passenger services

Same comment as for 99066.

Signed by the Minister on 10th June 1999

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/8, 27th August 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99068

Proposal for a Council Regulation (EC) imposing a definite anti dumping duty and collectively definitively the provisional duty imposed on imports of steel ropes and cable originating in the people’s Republic of China, Hungary, India, Mexico, Poland, South Africa, Ukraine and terminating anti-dumping proceedings in respect of imports originating in the Republic of Korea.

Com (1999) 397 final

Enterprise, Trade and Employment

99.07.30

The Commission started an inquiry into allegations of dumping against these countries last year and imposed provisional anti dumping duties on all of them except Korea. Following examination, the Commission decided that anti dumping duties were warranted in the case of all of the countries except Korea.

Not of direct significance to Ireland.

Adopted as Regulation 1796/1999 of 12th August 1999. Published in OJ L217 of 17th August 1999

99069

European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) (No 2) Regulations, 1999

S.I. No 227 of 1999

Agriculture and Food

99.07.21

The Regulations implement the Provisions of Directive 98/57/EEC to protect against the spread of an organism (Brown Rot) harmful to plant health

S.Is are issued a number of times a year depending on the occurrence of outbreaks of plant diseases amongst member states of the EU. Essentially, they allow member states to take steps to prevent imports from other countries in the interest of protecting plant health. In this case the disease is Brown Rot which attacks potatoes and there has been a major outbreak of the disease in Netherlands this year..

Signed on 21st July 1999

99070

European Communities (Prevention of Supply of Certain Goods and Services to Libya)(Revocation)

SI. No 235 of 1999

Enterprise, Trade and Employment

99.07.20

Because of improved relations between EU member states and Libya it has been agreed to revoke sanctions which previously applied to that country.

The items covered by the embargo to which this S.I. refers are not of significance to Ireland. Consequently the revocation of the embargo will make little economic difference.

Signed on 20th July 1999

99071

Proposal for a Council Regulation (EC) Laying down detailed rules for the implementation of Council Regulation No 2494/95 as regards minimum standards for the treatment of products in the Health, Education and Social Protection Sectors in the Harmonised Index of Consumer Prices

Com (1999) 377 final

Central Statistics Office

99.07.27

Because consumer prices are an important indicator for the formulation of EU monetary policy it is important that the indices in each member state are prepared on the same bases. This Regulation proposes to extend the scope of harmonised treatment of prices to the health, education and social protection sectors.

The items in question are included in the Irish CPI but not in the EU HICP because of the lack of a standard approach amongst member states. This proposals aims to introduce a standard approach.. It will make the HICP slightly more accurate and accelerate the recorded rate of inflation very slightly. But Ireland will be no better or worse in this respect than any other member state.

Adopted as Council Regulation 2166/1999 on 8th October 1999. Published in OJ L266, Vol 42 on 14th October 1999.

99072

Proposal for a Council Regulation (EC) on budgetary discipline

Com(1999) 364 final

Finance

99.07.28

This Regulation sets specifies on how the budget is to be calculated, reported on and adjusted, if necessary. It is aimed to ensure that spending on agriculture does not exceed the ‘guideline’ agreed by member states.

There is not likely to be much difficulty between the member states about the content of this proposal.

The proposal is still under discussion.

99073

Proposal for a Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners

Com (1999) 329 final

Health and Children

99.07.29

This proposal is one of a series of amendments to Directive 95/2/EEC which harmonises national rules on permitted food additives. This proposal adds a few new products to the list.

As the proposal increases the number of permitted substances, there is not likely to be any significant adverse economic effect on Irish interests.

Discussions have taken place at the Council Working group level.

99074

European Communities (Supply of Information on the Origin, Identification and Destination of Bovine Animals) Regulations, 1999

S.I. No 258 of 1999

Agriculture and Food

99.08.06

The S.I. gives effect to an EU Regulation which requires keepers of animals to supply information to authorised officers (i.e. officials of the Department of Agriculture).

The burden of keeping this information is reasonably heavy on both the Department and animal owners. A number of marts have argued that they are not obliged to comply. The S.I. is designed to clear up any confusion.

Signed on 6th August 1999

99075

Proposal for a Council Directive adapting to technical progress Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors

Com (1999) 306 final

Agriculture and Food

99.07.01

The purpose of the proposed Directive is to ensure harmonised standards through the EU thus preventing obstacles to trade through different national standards. In this case the proposal is to update standards first applied in 1976 in order to provide for technical progress since then.

This is a routine item since Ireland has no industry manufacturing these vehicles. Ireland’s only interest is to ensure the highest safety standards practicable.

Adopted as Council Directive 1999/86/EEC of 11th November 1999. Published in OJ L297, Vol 42 on 18th November 1999.

99076

European Communities (Licensing of Railway Undertakings) Regulations, 1999

S.I. No 238 of 1999

Public Enterprise

99.07.06

The S.I. gives powers to the Minister to license railway undertakings. This implements a Directive which aims to liberalise the market for international railway services. Criteria for granting a license include financial soundness, experience of railway transport, etc. In principle, any railway operator could apply.

Because of Ireland’s island status, this S.I. is not likely to make much difference by itself to the industry in Ireland. However, it is one of a number of steps, now in progress to bring competition to railways in Ireland.

Signed on 6th July 1999

99077

European Communities (Seed of Fodder Plants)(Amendment) Regulations 1999

S.I. No 1999 of 1999

Agriculture and Food

99.06.30

One of these S.Is is introduced every year. This one entitles the Department to increase the charges for testing and certifying seeds at its seed testing stations.

The increase envisaged is 1.9% and is not likely to make much difference to users of the service

Signed on 6th of June 1999

99078

European Communities (Knackery)(Amendment) Regulations, 1999

S.I. No 215 of 1999

Agriculture and Food

99.07.14

The S.I. brings knackeries which cut up dead animals for sale as food to dogs within the scope of the 1996 Regulations which means that they must be inspected by Departmental officers.

The S.I. closes what was seen to be an omission in the original 1996 S.I. which in turn implemented EU Directives. (See item 99052)

Signed on 14th of July 1999

99079

Proposal for a Council Directive of the European Parliament and of the Council amending Council Directive 91/308/EEC of 10 June 191 on prevention of the use of the financial system for the purpose of money laundering.

Com(1999) 352 final

Finance

99.08.02

Liberalisation of financial markets is a major objective of EU policy but it can facilitate money laundering. The 1991 Directive was aimed to limit the scope of money laundering and this proposed Directive updates the 1991 Directive by widening the range of institutions covered (e.g. lawyers will now be included), strengthening the provisions relating to the identification of clients, establishes cooperation between member state authorities, and gives new powers to the Commission, and provides for periodic review by the Commission of the workings of the Directive.

A lot of the proposals are already in force in Ireland.

Discussions on this proposal are under way. A meeting of the Working Group was held in December 1999.

99080

Proposal for a Council Regulation (EC) amending regulation (EC) No 2398/97 imposing a definitive anti dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan.

Com (1999) 297 final

Enterprise, Trade and Employment

99.06.23

The effect of the amendment is to allow some producers n these countries, who were not involved in dumping, to be exempt from the anti dumping duty

Ireland has no particular interest in this proposal

Adopted as Council Regulation (EC) No 1421/1999 of 28th June 1999. Published in the Official Journal L166 of 1st July 1999

99081

Proposal for a Council Regulation (EC) imposing a definitive anti dumping duty on imports of synthetic fibres of polyesters originating in Taiwan and terminating the proceeding in respect of imports of synthetic fibres of polyesters originating in the Republic of Korea.

Com (1999) 383 final

Enterprise, Trade and Employment

99.07.26

Provisional anti dumping duties were imposed on both countries in 1997, but following investigation the Commission decided that while dumping was continuing from Taiwan, that was not the case for Korea.

This product is manufactured in Ireland and the proposal was supported by the Irish Government

Adopted as Council Regulation (EC) No 1729/1999 of 29th July 1999. Published in the Official Journal L204 on 4th August 1999

99082

Proposal for a Council regulation amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

Com (1999) 264 final

Enterprise Trade and Employment

99.07.22

The Regulation allows the EU to increase quotas for the products specified in the Regulation. The products covered are certain chemical items.

None of the items is of economic concern to Ireland.

Adopted as Council Regulation 2407/1999 of 8th November 1999 and published in OJ L291, Vol 42 on 13th November 1999.

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/9, 8th October 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99083

Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 772/1999 imposing definitive anti dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway

Com(99) 429 final

Enterprise, Trade and Employment

990826

This is one of a series of Regulations relating to imports of salmon from Norway. In this case the Commission proposed to make some changes to the list of exporters who are subject to anti dumping duties following appeals by the exporters and inquiries by the Commission.

Ireland supports this Regulation.

Adopted as Regulation 1895/1999 of 27th August 1999 and published in OJ L233 on 3rd September 1999

99084

Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 2717/93 imposing definitive anti dumping on imports of ferro chrome with a carbon content by weight of maximum 0.5% (low carbon ferro chrome) originating in Kazakhstan, Russian and Ukraine.

Com(1999) 406 final

Enterprise, Trade and Employment

990806

There is an anti dumping duty on ferro chrome from these countries. This proposal aims to exclude from the anti dumping duties low carbon content ferro chrome which the Commission, after examination, considers to be different to high carbon content ferro chrome and exempt from the anti dumping duties.

Ireland supports this proposal.

Adopted as Council Regulation No 1976/1999 of 13th September 1999 and published in OJ L245 on 17th September 1999

99085

Proposal for a Council Regulation (EC) on certain procedures for applying the Trade, Development and Cooperation Agreement between the European Community and the Republic of South Africa

Com (1999) 402 final

Foreign Affairs

99.08.16

The Agreement with South Africa will go into force on 1 January 2000. This Regulation contains some procedural matters which must first be put into legislation (e.g. rules for calculation of rates of duty).

The Regulation is purely a technical matter. However, it has to be implemented by each member state. The substantive agreement has to be ratified by each member state and this has been held up by less minute reservations by Italy and Greece.

Adopted as Council Regulation 2793/1999 of 17th December 1999 and published in OJ L337, Vol 42 on 30th December 1999.

99086

Proposal for a Council Regulation (EC) laying down certain control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North East Atlantic Fisheries

Com(1999) 345 final

Marine and Natural Resources

99.07.14

The EU is a party to this Convention which aims to conserve fish in the North Atlantic. The Convention covers areas outside EU waters. This Regulation implements control procedures agreed by the Contracting Parties in 1998. The procedures are similar to those in force in EU waters.

Ireland supports these proposals and has taken steps to comply with them. As regards the implementation Ireland had concerns about the financing of the proposals since it was considered that Ireland carried a large part of the burden.

Agreement was reached at Working Party level in December.

99087

Proposal for a Council Regulation on closer dialogue with the fishing industry and groups affected by the common fisheries policy.

Com (1999) 382 final

Marine and Natural Resources

99.07.28

The object of this proposal is to improve the interface between the fishing industry and the Commission. This will be done by helping to strengthen representative organisations, including providing some finance and improving communications.

In principle the Irish Government favours this proposal. However, there could be problems for Irish interests which might be submerged if the proposal resulted in a consolidation of interest groups at EU level.

Under discussion in Council working groups.

99088

Proposal for a Council Regulation (EC) on the conclusion of the Protocol defining, for the period from 3 May 1999 to 2 May 2000, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Republic of Angola on fishing off Angola

Com(1999) 389 final

Marine and Natural Resources

99.08.09

The Regulation defines the conditions under which EU vessels can fish in Angolan waters.

No Irish vessels fish in these waters, so the proposal is of no concern of this country

Adopted as Council Regulation 103/2000 on 29th November 1999 and published in OJ L17 Vol 43 on 21st January 2000.

99089

Proposal for a Council Directive amending Directive 70/524/EEC concerning the additives of feeding stuffs

Com (1999) 388 final

Agriculture and Food

99.09.03

This relates to high technology additives where permission is given to the specific individual who developed the additive. Authorisations have to be re-evaluated. However, through oversight no provision is made for replacement of authorisations granted before 31 December 1987. Authorisations granted after that date must be replaced by 1 October 1999. This Directive proposes to correct this anomaly and subject all these products to the same procedures for re evaluation and replacement.

The proposal increases safeguards and so is to be welcomed. There appear to be no problems for Ireland.

Under discussion at Council Working Group level.

99090

Proposal for a Council Regulation (EC) opening a Community tariff quota for the import of boneless dried meat of bovine animals

Com(1999) 387 final

Agriculture and Food

990729

The Regulation is a transitional measure designed to continue a trade concession given to Switzerland as far back as 1972. It permits import of 700 tonnes of meat for a period of one year from Switzerland. Thereafter imports will continue, but under a separate agreement between the EU and Switzerland.

The matter is not of significance for Ireland.

Adopted as Council Regulation 2249/1999 on 22nd October 1999 and published in OJ L278, Vol 42 on 26th October 1999.

99091

Proposal for a European Parliament and Council Regulation amending Regulation (EEC) No 3528/86 on the protection of the Community’s forests against atmospheric pollution.

Com(99) 379 final

Marine and Natural Resources

990902

This proposal is identical to Regulations adopted in 1997 but subsequently challenged by the Parliament because they were based on Article 43 whereas they should have been based on Article 175. The Court found in favour of the Parliament, so the Commission has resubmitted both Regulations on the basis of Article 175. The original Regulation provided for the continuation of a scheme of surveillance of atmospheric damage to forests which expired in 1996. It will now be continued to 2001.

About £150,000 per annum is spent on monitoring in Ireland mainly through contracts with Coillte and UCD. The only practical change is that in future such contracts will be awarded by the Department rather than directly by Brussels.

Has been agreed but not yet published in the OJ

99092

Proposal for a European Parliament and Council Regulation amending Regulation (EEC) No 2158/86 on the protection of the Community’s forests against fire.

Com(99) 379 final

 

990902

See 99091 above. This Regulation relates to cooperation on methods of identifying forests at risk of fire, and on means of prevention. The original Regulation was due to expire in 1992. It will now continue until 2002.

Most of these activities are in Mediterranean countries and none of these activities take place in Ireland.

Has been agreed but not yet published in the OJ.

99093

European Communities (Allocation of Railway Infrastructure Capacity and Charging of Infrastructure Fees) Regulations, 1999

S.I. No 281 of 1999

Public Enterprise

990831

Under EU Directives member states must make it possible for competition to develop on international routes. In this S.I. provision is made for undertakings to apply for railway licenses, for the appointment of an officer to allocate track capacity to competing operators and for the appointment of a safety officer. These provisions apply only to international services.

The only applicants for licenses in Ireland are Iarnrod Eireann and Northern Ireland Railways. The licenses will be issued by the Minister. Allocation of track capacity will be done by Iarnrod. This is not ideal, but given that there is unlikely to be competition, it saves setting up an independent officer. The safety officer will be independent and appointed by the minister. (There is a rail safety officer already for ’national’ services)

Signed on 31st August 1999

99094

European Communities (Food Additives other than Colours and Sweeteners) Regulations, 1999

S.I. No 288 of 1999

Health and Children

990914

Amendment to existing regulations arising from a number of EU Directives controlling use of additives in foodstuffs.

Routine amendment. No significant implications.

Signed on 14th September 1999

99095

Proposal for a Council Regulation (EC) concerning the tariff quota for butter of New Zealand origin

Com(99) 399 final

Agriculture and Food

990720

The EU permits imports of 76 667 tons of butter from New Zealand annually. The butter must conform to certain specifications. In recent years spreadable butter has been exported by New Zealand under the quota and the EU objected on the grounds that this butter did not conform to the specifications in the concession. However New Zealand appealed to the WTO and the WTO found in favour of New Zealand. The purpose of this proposal is to make it clear that spreadable butter is eligible for inclusion in the quota.

While it probably would be in Ireland’s interests to reduce imports of butter from outside the EU, this proposal is the result of a WTO ruling and there is no scope for an intervention by Ireland.

Adopted as Council Regulation 2250/1999 on 22nd October 1999 and published in OJ 278 Vol 42 on 26th October 1999.

99096

Proposal for a Directive of the European Parliament and of the Council on the Community code relating to veterinary medicinal products (codified version)

Com(99) 213 final

Agriculture and Food

990908

The Commission has decided as a matter of policy that when a Directive has been amended 10 times it must be consolidated so that the public do not have to assemble the original and the amendments in order to understand the up to date content of the Directive. The Commission specifies that consolidation can take place even if less than ten amendments have been made. In this case it is proposed to consolidate two Directives which have been amended a total of seven times.

Department is reviewing document but it is not expected that it will give rise to any difficulties of substance. The whole area of veterinary medicines will be reviewed by the Commission next year. The proposal is being considered in conjunction with the codification of medicinal products for human use (99057) and is extremely complex.

At an early stage of consideration by member states

99097

European Community (Good Laboratory Practice)(Amendment ) Regulations, 1999

S.I No 294 of 1999

Enterprise, Trade and Employment

990917

The SI amends an existing regulation issued under an EU Directive of 1991 which requires laboratories which carry out safety and residue analyses on chemicals, pharmaceuticals and pesticides to comply with the OECD principles of good laboratory practice. The Directive has now been updated and this regulation implements the terms of the new Directive. It also provides for the change of name of the Irish Laboratory Accreditation Board to the National Accreditation Board.

Eleven laboratories in Ireland are covered by this SI of which six regularly conduct relevant tests. The Regulation is not likely to give rise to any particular difficulties.

Signed on 17th September 1999

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/10, 5th November 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99098

Proposal for a Council Directive laying down specific provisions for the control of blue tongue

Com(1999) 368 final

Agriculture and Food

99.09.08

Proposes control measures for blue tongue which is a disease affecting sheep. There are other Directives for controlling animal diseases but the specifics of this disease are such that a special Directive is needed. So far, in the EU the incidence of this disease is confined to some Greek islands.

The proposal has yet to be studied by the Department. But Ireland is unlikely to have any difficulty with the proposal.

Under discussion at Council Working group level.

99099

Proposal for a Council Regulation amending Regulation (EC) No 1577/96 introducing a specific measures in respect of certain grain legumes

Com(1999) 428

Agriculture and Food

99.09.09

The products in question are vetches, lentils and chick peas. There have been overruns in the maximum guaranteed areas (MGAs) assigned to these products and the purpose of this Regulation is to improve control by assigning an MGA to each product separately.

Ireland has no interest in these products which are mainly grown in Spain, Portugal and France.

Common position agreed at Council level. Proposal now under consideration by European Parliament.

99100

Proposal for a Council Regulation apportioning the quantities of grant provided for under the Food Aid Convention 1995 for the period 1 July 1998 to 30 June 1999

Com (1999) 384 final

Agriculture and Food

99.07.28

Under the Food Aid Convention the EU and its member states are committed to providing 1,755,000 tons in the period 1 July 1998 and 30 June 1999. This proposes that the contribution of the member states be decreased by 55,000 tons and that of the EU increased by the same amount.

Ireland has no objection to this proposal. Ireland discharges its obligation by providing money for the purchase and transport of its contribution.

Agreement has been reached at Working Group level.

99101

European Communities (Animals and Animal Products from Belgium) Regulations 1999

S.I. 290 of 1999

Agriculture And Food

99.08.23

In August there was another incident of dioxin contamination in Belgium and the certification procedure installed to deal with the first outbreak had to be tightened up. This S.I. implement an EU Decision which requires each consignment of specified agricultural products to be accompanied by a certificate.

Ireland does not import many agricultural products from Belgium so the S.I. has had little disruptive effect in this country.

Signed on 23rd August 1999

99102

Proposal for a Council Regulation amending Regulation (EC) No 2450/98 imposing a definitive countervailing duty on imports of stainless steel bars originating in India and collecting definitively the provisional duty imposed.

Com(1999) 436 final

Enterprise Trade and Employment

99.09.13

This proposal involves a reduction in the countervailing duty which applies to two companies.

The proposal is unlikely to affect Irish interests.

Adopted as Regulation 2049/1999 of 27th September 1999 and published in Official Journal of 30th September 1999 vol 42, L255.

99103

Proposal for Council Regulation (EC) amending Regulation (EC) No 2334./97 as last amended by Council Regulation (EC) No 2079/98, imposing a definitive anti dumping duty on certain imports of flat pallets of wood originating in the Republic of Poland

Com(99) 433 final

Enterprise, Trade and Employment

99.09.10

This proposes to reduce the rate of anti dumping duties on certain types of pallet exported by specific Polish companies which have made undertakings about their volume of exports.

The proposal is unlikely to affect Irish interests.

Adopted as Regulation 2049/1999 of 27th September 1999 and published in Official Journal of 30th September 1999 vol 42, L255

99104

Proposal for a Directive of the European Parliament and of the Council on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC (codified version)

Com(1999) 432 final

Enteprise, Trade and Employment

99.09.14

The purpose of this proposal is to consolidate a total of five other Directives dealing with health and safety issues. There are no changes of substance.

The proposal is to be welcomed in that it will bring about a simplification of some of the rules relating to worker safety.

Under discussion in Council Working Groups.

99105

Proposal for a Regulation (EC) of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the European Community and on the free movement of such data.

Com (1999) 337 final

Justice, Equality and Law Reform

99.07.14

While there are EU Directives imposing obligations on member states with regard to the handling of personal data (confidentiality, etc), these Directives do not apply to the EU Institutions themselves. This draft Directive proposes that henceforth these rules will apply to the EU institutions. It also proposes to set up an independent body to monitor the application of the rules to the Institutions.

It is considered highly appropriate that the Community should be subject to the same rules that it imposes on member states.

Discussions under way at Council Working Group level.

99106

Proposal for a Council Regulation amending Regulation (EC) No 3605/93 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community

Com(1999) 444 final

Finance

99.09.13

Amends the method of calculating the ‘deficit’ which is used in relation to the monitoring of the fiscal situation of member states following EMU. The new method proposes, inter alia, to ignore effect of swaps on the measure of the deficit.

This is not important to the large member states which do not engage in foreign borrowing but could make a significant difference to the recorded deficit in Ireland. Under a compromise the deficit will be recorded under the new and under the old method i.e. excluding and including the effect of swaps. The inclusive method will be used for the measurement of the deficit for the purposes of the Maastricht Treaty

Adopted as Council Regulation (EC) No. 475/2000 of 28 February 2000. Published in OJ L58, Vol 43 on 3rd March 2000.

99107

Proposal for a Council Directive amending Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases

Com(1999) 437 final

Marine and Natural Resources

99.09.09

This proposes to improve procedures for controlling infectious salmon anaemia. This affects Atlantic salmon. Standard EU procedure requires all fish in farms affected by this disease to be destroyed. However, the disease affects a small number of fish and is not a threat to human health. The economic impact of destruction is considered out of proportion to the threat. Therefore the proposal is to delegate authority to empty affected farms to the local authorities and to introduce a procedure to allow vaccination to take place.

There have been outbreaks of this disease in several Atlantic countries and it could occur in Ireland so the Irish authorities are in favour of this proposal.

One Working Group meeting has taken place.

99108

Proposal for a Regulation (EC) of the European Parliament and of the Council extending Regulation (EC) No 443/97 on operations to aid uprooted people in Asian and Latin American developing countries

Com(1999) 443 final

Foreign Affairs

99.09.15

The EU provide funds for assisting people driven from their homes by threats to their safety. This proposes to extend the budgetary authority, which expires at the end of 1999, for another year. The amount involved is Euro280 million per annum.

Ireland supports this proposal

Common position has been reached in the Council.

99109

European Communities (Road Passenger Transport)(Amendment) Regulations, 1999

S.I. No 303 of 1999

Public Enterprise

99.09.30

The S.I. implements Directive 98/76/EC of 1 October 1998 which in turn amends Directive 96/26/EC of 29 April 1996. These Directives regulate admission to occupations of road haulage operator and road passenger operator in relation to diplomas, certificates and evidence of formal qualification. The measures are designed to raise standards of performance by operators throughout the EU. This S.I. deals with road passenger operators.

The general effect of the S.I. is to improve standards of operators and is desirable though there will be some costs to actual and potential operators.

Signed on 30th September 1999

99110

European Communities (Merchandise Road Transport)(Amendment) Regulations 1999

S.I. No 304 of 1999

Public Enterprise

99.09.30

As above, but this S.I. relates to road haulage.

As above.

Signed on 30th September 1999

99111

European Communities (Television Broadcasting) Regulations, 1999

S.I. No 313 of 1999

Arts, Heritage, Gaeltacht and the Islands

99.10.08

This implements the ‘Television without Frontiers Directive’ which was amended in 1997. It replaces S.I. 251 of 1991. The Directive, as amended, requires EU broadcasters to devote a majority of their time to European made programmes and to ensure that 10% of the programmes are made by European ‘independent’ programme makers. The Directive also provides some guidelines on protecting young persons from unsuitable material shown on TV.

The Directive has been strongly promoted by France and strongly resisted by some other countries and is quite controversial. It is implemented in Ireland through this S.I. and other legislation. Ireland has no problems meeting the European content provisions of the Directive.

Signed on 8th of October 1999

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/11, 19th November 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99112

Proposal for a Council Regulation amending Regulation (EC) No 900/1999 prohibiting the sale and supply of petroleum and petroleum products to the Federal Republic of Yugoslavia

Com(1999) 455 final

Foreign Affairs

99.09.29

Proposes to amend an earlier Regulation which imposed an embargo on the supply of petroleum and petroleum products to the FRY. The effect of the amendment is to exclude Kosovo and Montenegro from the embargo. The authorities in Montenegro and Kosovo have undertaken to ensure that supplies to Montenegro will not be forwarded to the FRY

Ireland supports this proposal which should be helpful to the two territories concerned while at the same time maintaining pressure on the FRY

Adopted as Council Regulation 2111/1999 of 4th October 1999. Published in OJ L258, Vol 42 on 5th October 1999.

99113

Proposal for a Council Regulation amending Regulation (EC) No 1064/1996 imposing a ban on flights between the European Community and the Federal Republic of Yugoslavia.

Com(1999) 466 final

Foreign Affairs

99.10.05

Proposes to amend an earlier Regulation which banned flights between the EU and the FRY. The effect of the amendment is to exclude Montenegro and Kosovo from the ban. The authorities of Montenegro and Kosovo must ensure that the exemptions do not permit the FRY to circumvent the sanctions against FRY.

As for 99112

Adopted as Council Regulation 2151/1999 of 11th October 1999. Published in OJ L264, Vol 42 on 12th October 1999.

99114

Proposal for a Council Regulation (EC) concerning a ban on the supply to Indonesia of equipment which might be use for internal repression or terrorism

Com(1999) 460 final

Foreign Affairs

99.10.06

Proposal is to ban the supply of a list of specific items to Indonesia until January 2000.

Ireland is in favour of this proposal as a means to aiding the restoration of peace in East Timor

Adopted as Council Regulation 2158/1999 of 11th October 1999 and published in OJ L265, Vol 42 on 13th October 1999.

99115

Proposal for Council Regulation on amending the Agreements between the EU and the Republic of Bulgaria, Republic of Hungary and Romania on the reciprocal establishment of tariff quotas for certain wines and amending Regulation (EC) No 933/95 opening and providing for the administration of Community tariff quotas for certain wines.

Com(99) 489 final

Agriculture and Food

99.10.19

The EU has agreements with these three countries on reciprocal tariff quotas for certain wines. The agreements are due to expire at the end of 1999. The agreements are being reviewed in the context of a broader discussion with the three countries on trade in wines and spirits. Pending finalisation of this comprehensive agreement, this proposes to extend for one more year the existing agreements relating to tariff quotas for wines.

As a wine importer Ireland has an interest in widest access to wine suppliers and so supports this proposal. Ireland will have a bigger interest in the revised agreement next year which will include spirits.

Adopted as Council Regulation (EC) No. 388/2000 of 24 January 2000. Published in OJ L49, Vol 43 of 22 February 2000.

99116

Proposal for a Council Regulation amending Regulation (EC) No 54/1999 allocating for 1999 Community catch quotas in Greenland waters

Com(1999) 472 final

Marine and Natural Resources

99.10.14

The Greenland capelin fisheries are managed by Greenland, Iceland and Norway and the EU is entitled to 70% of the Greenland share. This works out at 48,945 tons.

Ireland hopes to obtain a small share of the EU quota. Last year 5 Irish vessels were entitled to fish there but did not do so. This year it is understood that they will reapply and if successful they will exploit the fishery.

Adopted as Regulation 2472/1999 on 22nd November 1999 and published in OJ L302, Vol42 on 25th November 1999.

99117

Proposal for a Council Regulation amending Regulation (EC) No 61/1999 allocating for 1999 catch quotas between Member States for vessels fishing in Lithuanian waters.

Com(1999) 473 final

Marine and Natural Resources

99.10.14

Lithuania has transferred a quota of 5,000 tons of sprat from its fisheries to the EU in return for a contribution of Euro 62,500 to Lithuania. This proposal involves the allocation of the extra catch among the EU member states (Denmark, Germany and Sweden.)

Ireland has no interest in this fishery.

Adopted as Regulation 2473/1999 on 22nd November 1999 and published in OJ L 302, Vol 42 on 25th November 1999.

99118

Proposal for a Council Regulation establishing a Community framework for the collection and management of the fisheries data needed to conduct the common fisheries policy’

Com(99) 541 final

Marine and Natural Resources

99.10.27

Member states already collect fishery statistics. This proposes to harmonise the efforts of the member states and work them into a comprehensive EU framework. Rules about the management of the data are also proposed. Decisions also have to be made about the EU contribution to member states’ costs.

The proposal appears to pose no particular problems for Ireland.

Under discussion at Council Working Group level. Possibly may be completed by March 2000.

99119

Proposal for a European Parliament and Council Regulation establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97

Com (99) 487 final

Agriculture and Food

99.10.13

The proper labelling of bovines and beef is desirable for consumer protection purposes. In addition to the existing compulsory animal registration scheme there is also a voluntary beef labelling scheme in operation in a number of member states (including Ireland). The Commission now proposes a compulsory labelling scheme which will come into force within 14 months. The label would give consumers information about type of animal, country of origin, date of slaughter, maturation period, etc.

Ireland supports a voluntary labelling scheme such as already exists and is used by some large exporters and by some large domestic retailers. But there is concern that compulsory labelling would be expensive for small retailers. There is also concern that consumers in Irish export markets would show a preference for domestic produce if the country of origin was universally displayed. Some of the information might also be misunderstood (e.g. period between slaughter and sale)

Under discussion in Council working groups

99120

Proposal for a European Parliament and Council Regulation amending Council Regulation (EC) No 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products.

Com (99) 487 final

Agriculture and Food

99.10.13

This proposal proposed to prolong the existing regime which was to have expired at the end of 1999, so as to provide time for Item 99119 to come into operation.

There was no inherent problem with this proposal as far as Ireland was concerned. Parliament objected to it initially on the grounds that the Commission was proposing that it was a matter for the Council only. In the event the Parliament did not respond to the proposal in time and it lapsed.

Proposal withdrawn.

99121

Proposal for a European Parliament and Council Regulation clarifying Council Regulation (EC) No 2223/96 as concerns principles for recording taxes and social contributions.

Com(99) 488 final

Finance

99.10.18

Under EMU all member states have to record government spending and revenues on the same methodological basis. The standards are set down in ESA95. One important aspect is that Government revenues should be recorded on an accruals basis. However, income tax assessments issued by the Revenue Commissioners invariably exaggerate the revenues which will eventually be collected and their use as a basis for estimating accrued Government revenues would create a false impression. This proposal is to allow income taxes and social insurance contributions to be counted on a cash basis.

Ireland is in favour of this proposal. The issues raised in this item are closely related to those in Item 99106 in Report No 99/10..

Common position was reached in the Council and the proposal has been sent to the Parliament.

99122

Proposal for a Council Regulation amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

Com(99) 495 final

Enterprise, Trade and Employment

99.10.21

One of a series of minor downward adjustments to the EU tariff in favour of imports of specific commodities requested by certain member states and not likely to affect domestic producers. This proposal concerns products of tropical origin for manufacture of oils.

Ireland has no interest in this proposal

Adopted as Council Regulation 2745/1999 of 17th November 1999 and published in OJ L331, Vol 42 on 23rd December 1999.

99123

Proposal for a Council Regulation on information measures relating to the common agricultural policy

Com(99) 536 final

Agriculture and Food

99.10.26

The proposal is to provide 4.5 million Euro for various measures to improve information about the Common Agricultural Policy, especially amongst farmers and rural dwellers. The idea is that farmer and other rural groups would undertake the campaign and part finance it.

Objections to this proposal by some member states, including Ireland, have been mollified by the clarification that the funds will not come from resources for supporting agricultural prices. However, the Irish Government would like the element of self financing by recipients increased to 50% from the 39% proposed.

Under discussion in Council working groups.

99124

European Communities (Protein Feedingstuffs)(Amend -ment) Regulations 1999

S.I. 334 of 1999

Agriculture and Food

99.10.21

The S.I. makes two small adjustments to the existing Regulations to the effect that businesses dealing in protein feeding stuffs are subject to the Regulations which set down standards with respect to health standards and labelling.

A technical amendment which is part of the on going process of raising standards in the animal feeds sector

Signed on 21st October 1999

 

 

 

 

 

 

 

 

JOINT OIREACHTAS COMMITTEE ON EUROPEAN AFFAIRS: PROGRESS REPORT ON EU LEGISLATION


Report Number 99/12 - 3rd December 1999


No

Title

Ref

Dept

Date

Contents of Legislation

Comment

Status

99125

Proposal for a Council Regulation on Community financial contributions to the International Fund for Ireland

Com(1999) 549 final

Foreign Affairs

99.09.29

Since the present arrangement for Community contributions to the International Fund for Ireland expires on 31 December 1999, it is proposed to make financial contributions to the IFI for a further three years with an annual contribution of EUR 15 million. The Commission before 1 April 2001 will make a review of the performance of the IFI and the need for further support. The conditions to be applied to this contribution will be that priority will be given to projects which have a strong reconciliation and cross-community element; and that the contributions shall not be used as a substitute for other private or public expenditure.

A decision was made at the Berlin European Council in 1989 to provide funding to the IFI. Since then, 184m EURO has been provided to the IFI. Although the EU subsequently introduced the Peace & Reconciliation Initiative, the IFI has been used as a vehicle for promoting dialogue between Protestant and Catholics in Northern Ireland (75% of the fund) and the Border counties (25% of the fund). IFI receives funding also from the USA, Canada and New Zealand. This proposal is to provide 45million Euro for the years 2000, 2001 and 2002.

Adopted as Council Regulation 214/2000 on 24th January 2000 and published in OJ L24, Vol 43 on 29th January 2000.

99126

Proposal for a Council Regulation on the conclusion of the Protocol setting out for the period 1 June 1999 to 31 May 2002 the fishing opportunities and the financial contribution provided for in the Agreement between the European Community and the Government of the Sao Tomé e Principe on fishing off the coast of Sao Tomé e

Com(1999) 550 final

Marine & Natural Resources

99.11.03

The latest protocol expired on 31st May 1999. A new Protocol fixing the technical and financial conditions governing the fishing activities of Community vessels in the waters of Sao Tomé e Principe during the period 1 June 1999 to 31 May 2002 was initialled by both parties on 31 May 1999. The Commission proposes to adopt by Regulation the conclusion of the new Protocol

No implications for Ireland

Adopted as Council Regulation (EC) No. 428/2000 of 14 February 2000. Published in OJ L54, Vol 43 on 26th February 2000.

99127

Proposal for a Council Regulation amending for the fourth time Regulation (EC) No 1626/94, laying down certain technical measures for the conservation of fishery resources in the Mediterranean and for the fourth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

Com(99) 552 final

Marine & Natural Resources

99.11.04

The International Commission for the Conservation of Atlantic Tuna (ICCAT) is an intergovernmental organisation, with the mandate of conservation of tuna and tuna-like fish stocks in the Atlantic Ocean and its adjacent seas. The proposal is to adapt existing regulations regarding the conservation of Atlantic Tuna in order to incorporate ICCAT’s recommendations regarding prohibition of any landing of fish below 1.8kg (previously 3.2kg) in order to give additional protection to juvenile fish. In addition, seasonal closures were adopted in respect of the Mediterranean.

Ireland has an interest in Northern Albacore which is fished by our driftnet fleet in the May-September period. Ireland has no difficulty with the proposal to transpose the ICCAT’s requirements into EU law.

The amendment to Regulation 850/98 was adopted as Council Regulation 2722/1999 of 17th December 1999 and published in OJ L328, Vol 42 on 22nd December 1999

99128

Proposal for a European Parliament and Council Directive amending Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine

Com(99) 456 final

Agriculture and Food

99.10.25

Directive 64/432 is the basic Directive which covered intra-Community trade in bovine animals and swine. Directive 97/12 is an update (consolidation) of this, which itself has been amended twice. The proposal is a continuation of the updates, with two extra items: identification of animals and exemption for some countries from having tests, i.e. countries which have in place a computerised surveillance network.

Ireland has no problem with this proposal. In fact Directive 97/12 was adopted at the end of the Irish Presidency

A common position of the Council has been reached and the proposal has been sent to Parliament.

99129

European Communities (Ban on Supply to Indonesia of Equipment which might be used for Internal Repression or Terrorism) Regulations, 1999

S.I. No 357 of 1999

Enterprise, Trade and Employment

99.11.12

This order imposes penalties for infringements of Council Regulation (EC) No. 2158/1999 which introduced a ban on supply to Indonesia of equipment which might be used for internal repression of terrorism.

The associated Regulation (2158/1999) was agreed and supported by the Irish Government. Neither the Regulation nor the S.I. have significant implications for Ireland

Signed by Minister on 12th November 1999

99130

European Communities (Motor Vehicles Type Approval) (No. 3) Regulations, 1999

S.I. No. 358 of 1999

Enterprise, Trade and Employment

99.11.16

This order amends S.I. No. 183 of 1999, by substituting a schedule to take account of certain type approval directives subsequently adopted. The amendments involve adapting to technical progress Directives relating to lamps, protective devices and statutory markings on motor vehicles

The Regulation refers to new cars coming onto the market, and is part of a continuous programme of adapting to technical progress, e.g. by substituting more up-to-date tests. It has no real impact on industry in Ireland, as Ireland does not have a car manufacturing base.

Signed by the Minister on 16th November 1999

99131

Proposal for a Council Regulation laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO)

Com(1999) 570 final

Marine and Natural Resources

99.11.09

NAFO, of which the EU is a contracting party, has established severe measures for the protection of fish stocks within its Regulatory Area. NAFO has witnessed vessels flying the flags of non-Contracting Parties fishing in disregard of established conservation measures in the Regulatory Area of NAFO. The proposal aims to lay down certain control measures to address this situation.

This has no significant implications for Ireland.

Under discussion.