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Appendix C2007 Minutes of proceedings of the Sub-CommitteeSub-Committee on European ScrutinyMinutes of Meeting of 24 January 2007Members present:Deputies: Bernard Allen (In the Chair); Paudge Connolly, Mae Sexton Senator: Senator John Dardis Apologies: Senator Paul Bradford PRIVATE SESSION: The Sub-Committee met in Private Session at 10.04 a.m. PUBLIC SESSION: The Sub-Committee met in Public Session at 10.06 a.m. 1. Proposals warranting further scrutiny The Sub-Committee considered item 1.1 and agreed to refer it for further scrutiny. 1.1 COM(2006)758 Proposal for a Council Decision concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a carnation (Dianthus caryophyllus L., line 123.2.38) genetically modified for flower colour.
It was agreed that the proposal be referred for further scrutiny by the Committee on the Environment and Local Government in the context of that committee’s ongoing scrutiny of proposals related to GMO organisms. 2. Title IV Measures There were no Title IV measures considered at this meeting 3. CFSP Measures The Sub-Committee noted two CFSP measures, items 3.1 and 3.2. 3.1 CFSP(2006)868 Council Joint Action 2006/868/CFSP of 30 November 2006 amending Joint Action 2004/847/CFSP on the European Union Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit (EUPOL ‘Kinshasa’)
It was agreed to note the measure 3.2 CFSP(2006)918 Council Joint Action 2006/918/CFSP of 11 December 2006 amending and extending Joint Action 2006/304/CFSP on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo
It was agreed to note the measure 4. Deferred Documents There were no documents deferred at this meeting 5. Proposals warranting no further scrutiny The Sub-Committee considered items 5.1 to 5.49 and agreed they warranted no further scrutiny. Items 5.1 to 5.8 were taken together 5.1 COM(2006)651 Proposal for a Directive of the European Parliament and of the Council on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors
AND 5.2 COM(2006)662 Proposal for a Directive of the European Parliament and of the Council on certain parts and characteristics of wheeled agricultural or forestry tractors
AND 5.3 COM(2006)667 Proposal for a Directive of the European Parliament and of the Council on the maximum design speed of and load platforms for wheeled agricultural or forestry tractors
AND 5.4 COM(2006)670 Proposal for a Directive of the European Parliament and of the Council on the steering equipment of wheeled agricultural or forestry tractors
AND 5.5 COM(2006)669 Proposal for a Council Directive laying down minimum standards for the protection of pigs
AND 5.6 COM(2006)694 Proposal for a Council Regulation on the production and marketing of eggs for hatching and of farmyard poultry chicks (codified version)
AND 5.7 COM(2006)749 Proposal for a Council Directive on pure-bred breeding animals of the bovine species
AND 5.8 COM(2006)812 Proposal for a Directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Codified version)
It was agreed that the codifying proposals (items 5.1 to 5.8) did not warrant further scrutiny Items 5.9 and 5.10 were taken together 5.9 COM(2006)830 Proposal for a Council Regulation on the Community trade mark
AND 5.10 COM(2006)692 Amended proposal for a Directive of the European Parliament and of the Council on injunctions for the protection of consumers’ interests (codified version)
It was agreed that these two proposed codifying proposals (items 5.9 & 5.10) be forwarded to the Joint Committee on Enterprise and Small Business for information in the context of its consideration of the earlier text. Items 5.11 to 5.20 were taken together 5.11 COM(2006)901 Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions, as regards the implementing powers conferred on the Commission AND 5.12 COM(2006)902 Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/48/EC relating to the taking up and pursuit of the business of credit institutions, as regards the implementing powers conferred to the Comission AND 5.13 COM(2006)905 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Amending Directive 2005/68/EC relating to reinsurance, as regards the implementing powers conferred on the Commission AND 5.14 COM(2006)916 Proposal for a Directive of the European Parliament and of the Council amending Directive 2002/87/EC relating to the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conlomerate as regards the implementing powers conferred on the Commission AND 5.15 COM(2006)917 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2002/83/EC relating to life assurance, as regards the implementing powers conferred on the Commission AND 5.16 COM(2006)924 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Amending Directive 92/49/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance, as regards the implementing powers conferred on the Commission AND 5.17 COM(2006)925 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Amending Council Directive 91/675/EEC setting up a European insurance and occupational pensions committee, as regards the implementing powers conferred to the Commission
AND 5.18 COM(2006)909 Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/109/EC relating to the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market as regards the implementing powers conferred on the Commission. AND 5.19 COM(2006)911 Proposal for a Directive of the European Parliament and of the Council amendingDirective 2003/71/EC relating to the prospectus to be published when securities are offered to the public or admitted to trading, as regards the implementing powers conferred on the Commission AND 5.20 COM(2006)913 Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/6/EC on insider dealing and market manipulation (market abuse), as regards the implementing powers conferred on the Commission
It is agreed that these purely technical proposals (Items 5.11 to 5.20) did not warrant further scrutiny 5.21 COM(2006)920 Proposal for a Directive of the European Parliament and of the Council Amending Directive 2001/18/CE concerning the deliberate release into the environment of genetically modified organisms, as regards the implementing powers conferred to the Commission
As with the other proposals concerning the revised comitology procedure, it was agreed that this technical proposal did not warrant further scrutiny. However it was agreed to forward it to the Joint Committee on the Environment and Local Government for information given that Committee’s work on proposals related to genetically modified organisms. 5.22 COM(2006)710 Proposal for a Council Regulation concerning restrictive measures against the Democratic People’s Republic of Korea
It was agreed that the proposal did not warrant further scrutiny 5.23 COM(2006)721 Proposal for a Council Regulation amending Financial Regulation applicable to the 9th European Development Fund
It was agreed that the proposal did not warrant further scrutiny. It was also agreed that the proposal be forwarded for information to the Committee on Foreign Affairs for the particular attention of that committee’s sub-committee on development matters and for information to the Committee on Finance in the context of its consideration of COM/2006/213 5.24 COM(2006)777 Proposal for a Council Decision on the signature and provisional application of a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union. Proposal for a Council Decision on the conclusion of a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.
It was agreed that the proposal did not warrant further scrutiny Items 5.25 to 5.27 were taken together 5.25 COM(2006)752 Proposal for a Council Decision on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis. Proposal for a Council Decision on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis. Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis. Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis AND 5.26 COM(2006)753 Proposal for a Council Decision on the signature of a Protocol between the European Community, Switzerland and Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State, in Switzerland or Liechtenstein. Proposal for a Council Decision on the conclusion of a Protocol between the European Community, Switzerland and Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State, in Switzerland or Liechtenstein.
AND 5.27 COM(2006)754 Proposal for a Council Decision on the signature of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland. Proposal for a Council Decision on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
It was agreed that the proposals (items 5.25, 5.26 & 5.27) did not warrant further scrutiny Items 5.28 and 5.29 were taken together 5.28 COM(2006)757 Proposal for a Council Decision on a Community position in the Association Council on the implementation of Article 93(3) of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part. AND 5.29 COM(2006)765 Proposal for a Council Decision on the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union. Proposal for a Council Decision on conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
It was agreed that the proposals (items 5.28 & 5.29) did not warrant further scrutiny 5.30 COM(2006)766 Proposal for a Council Decision on a Community position concerning the rules of procedure of the Joint Committee referred to in the Interim Agreement between the European Community and the Republic of Albania
It was agreed that the proposal did not warrant further scrutiny 5.31 COM(2006)783 Proposal for a Directive of the European Parliament and of the Council on the interoperability of the Community rail system.
It was agreed that the proposal did not warrant further scrutiny. It is additionally agreed that the proposal be forwarded for information to the Committee on Transport in the context of the wider package of proposals [COM/2006/784 & COM/2006/785] on railway inter-operability 5.32 COM(2006)784 Proposal for a Directive of the European Parliament and of the Council, amending Directive 2004/49/EC on Safety on the Community’s Railways
It was agreed that the proposal did not currently warrant further scrutiny. It was additionally agreed that this proposal be forwarded for information to the Committee on Transport and that the Department be requested to inform the Committee of the conclusions to its ongoing consultation process 5.33 COM(2006)785 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency.
It was agreed that the proposal did not warrant further scrutiny. It was additionally agreed that the proposal be forwarded for information to the Committee on Transport in the context of the wider package of proposals [COM/2006/783 & COM/2006/784] on railway inter-operability 5.34 COM(2006)826 — Follow on note Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Regulation (EC) No 398 /2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not
It was agreed that the proposal did not warrant further scrutiny. 5.35 COM(2006)740 Proposal for a Council Regulation introducing a scheme to compensate for additional costs incurred in the marketing of fishery products from the Azores, Madeira, the Canary Islands and the French departments of Guiana and Reunion from 2007 to 2013
It was agreed that the proposal did not warrant further scrutiny 5.36 COM(2006)716 (i)Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Canada (ii)Proposal for a Council Regulation concerning the implementation of the Agreement concluded by the EC following negotiations in the framework of Article XXIV.6 of GATT 1994, amending and supplementing Annex 1 to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.
It was agreed that this proposal did not warrant further scrutiny 5.37 COM(2006)792 Council Decision appointing members of the European Social Fund Committee
It was agreed that this proposal did not warrant further scrutiny 5.38 COM(2006)599 Decision of the European Parliament and of the Council establishing the European Statistical Governance Advisory Board
It was agreed that this proposal did not warrant further scrutiny, but that it be forwarded for information to the Joint Committee on Finance and the Public Service, in view of the compromise proposal by the Finnish Presidency. It was also agreed that the Department provide additional information concerning the exclusion of the ECB and that it be requested to keep the scrutiny sub-committee updated with regard to progress in light of the compromise proposal. 5.39 COM(2006)653 Decision of the European Parliament and of the Council setting up a European Advisory Committee on Community Statistical Information Policy
It was agreed that this proposal did not warrant detailed scrutiny at this time, but that it be forwarded to the Joint Committee on Finance and the Public Service in conjunction with COM(200)599, in view of the compromise proposal. 5.40 COM(2006)687 Decision of the European Parliament and of the Council on the Community Statistical Programme 2008 to 2012
It was agreed that this proposal did not warrant further scrutiny at this time, but should be forwarded to the Joint Committee on Finance and the Public Service for information, which may wish to request the CSO to keep it informed on developments in the negotiations and in particular on likely implications for Ireland. It was also agreed to clarify if the adoption of this proposal would result in additional work for the CSO and, if so, how this will be funded. 5.41 COM(2006)748 Proposal for a Directive of the European Parliament and of the Council repealing Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches
It was agreed that this proposal did not warrant further scrutiny. 5.42 COM(2006)800 Proposal for a Council Regulation laying down the weightings applicable from 1 July 2006 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries and of certain officials remaining in post in the ten new Member States for a maximum period of nineteen months after accession
It was agreed that this proposal did not warrant further scrutiny 5.43 COM(2006)751 Amended proposal for a Regulation of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (“Service of documents”)
It was agreed that this proposal did not warrant further scrutiny but that it be forwarded for information to the Joint Committee on Justice, Equality, Defence and Women’s Rights in the context of its earlier consideration of the proposal. 5.44 COM(2006)619 Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services
It was agreed that this proposal did not warrant further scrutiny 5.45 COM(2006)815 Proposal for a Council Decision on Guidelines for the Employment Policies of the Member States
Given that this is a technical proposal that merely seeks approval for the Guidelines for 2007, it was agreed that the proposal did not warrant further scrutiny 5.46 COM(2006)760 Recast of Council Directive 69/355/EEC concerning indirect taxes on the raising of capital (Companies Capital Duty).
It was agreed that this proposal did not warrant further scrutiny, but that it be forwarded to the Joint Committee on Finance and the Public Service for information 5.47 COM(2006)135 Regulation of the European Parliament and of the Council establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination
It was agreed that this proposal did not warrant further scrutiny 5.48 COM(2006)565 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community
It was agreed that this proposal did not warrant any further scrutiny 5.49 COM(2006)745 Proposal for a Regulation of the European Parliament and of the Council concerning the export and import of dangerous chemicals
It was agreed that this technical proposal did not warrant further scrutiny 6. Green/White papers The Sub-Committee considered three Green Papers, items 6.1 to 6.3. and agreed to refer them for information and consideration to the relevant committees. 6.1 COM(2006)763 Global Europe — Europe’s trade defence instruments in a changing global economy — a Green Paper for public consultation
It was agreed to forward this Green Paper to the Joint Committee on Enterprise and Small Business for information and consideration. 6.2 COM(2006)769 Green Paper on Satellite Navigation
It was agreed to forward this Green paper to all relevant Oireachtas Committees for information and consideration, (the Joint Committees on Enterprise and Small Business, Education and Science, Transport, Justice, Equality Defence and Women’s Rights, Communications, Marine and Natural Resources and Agriculture and Food). It was also agreed that the Department be asked to keep the Sub-Committee informed as to progress on Ireland’s response to the paper including specific plans made for consultation and the eventual submission made. 6.3 COM(2006)708 Green Paper on Modernising labour law to meet the challenges of the 21st. century
It was agreed that this Green Paper be forwarded for information and consideration to the Joint Committee on Enterprise and Small Business, and also to the Joint Committee on Justice, Equality, Defence and Women’s Rights and to the Joint Committee on Social and Family Affairs, in view of the fact that inputs on the Green paper will be required from the Department of Justice, Equality and Law Reform and the Department of Social and Family affairs as well as the lead Department 7. Adopted measures The Sub-Committee considered and noted eight adopted measures, items 7.1 to 7.8 7.1 COM(2006)528 Proposal for a Council Directive adapting certain directives in the field of transport policy, by reason of the accession of the Republic of Bulgaria and Romania
It was agreed to note this adopted measure. It was additionally agreed to ask the Department to provide a note in relation to the pace and standards of implementation of EU legislation relating to vehicles from the new member states. 7.2 COM(2006)677 Proposal for a Council Regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union
It was agreed to note this adopted measure 7.3 COM(2006)703 Proposal for a Council Regulation fixing for the 2007 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000
It was agreed to note this adopted measure 7.4 COM(2006)731 Proposal for a Council Decision on the granting of the special incentive arrangement for sustainable development and good governance beyond 1 January 2007 to the Republic of El Salvador
It was agreed to note this adopted measure 7.5 COM(2006)739 Proposal for a Council Directive amending directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services
It was agreed to note this adopted measure 7.6 COM(2006)644 Proposal for a Council Decision on a Community Position concerning the decision by the WTO General Council to apply provisionally the Transparency Mechanism for Regional Trade Agreements
It was agreed to note this adopted measure and to forward it the Joint Committee on Enterprise and Small Business for information 7.7 COM(2006)750 Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products
It was agreed to note this adopted measure and to forward it to the Joint Committee on Enterprise and Small Business for information 7.8 COM(2006)771 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
It was agreed to note this adopted measure and to forward it to the Joint Committee on Enterprise and Small Business for information 8. Early Warning notes The Sub-Committee considered six Early Warning Notes at this meeting, Items 8.1 to 8.6 8.1 EWN: 2006/C320/06 Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of certain finished polyester filament fabrics originating in the People’s Republic of China
It was agreed that the proposal did not currently warrant further scrutiny 8.2 EWN: Regn. 1999 / 2006 Commission Regulation (EC) No1999/2006 of 20 December 2006 imposing a provisional anti-dumping duty on imports of certain saddles originating in the People’s Republic of China
It was agreed that the proposal did not currently warrant further scrutiny 8.3 EWN: 2006/ C316 / 06 Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of urea originating in Belarus, Croatia, Libya and Ukraine
It was agreed that the proposal did not currently warrant further scrutiny 8.4 EWN: 2006/ C311 / 13 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia
It was agreed that the proposal did not currently warrant further scrutiny 8.5 EWN: Regn: 1888/2006 Commission Regulation (EC) No1888/2006 of 19th December 2006 imposing a provisional anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand
It was agreed that the proposal did not currently warrant further scrutiny 8.6 EWN: 2006/C311/14 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Ukraine
It was agreed that the proposal did not currently warrant further scrutiny 8. Minutes of previous meeting The Minutes of the meetings of the 14th December 2006 were circulated and agreed. 9. Reports of the Sub-Committee The Draft 75th Report on the Sub-Committee meeting of 30th November 2006 and the Draft 76th Report of the Sub-Committee meeting of 14th December 2006 were circulated and it was agreed to forward them to the Joint Committee on European Affairs for agreement to lay before both Houses along with Appendices. 10. Correspondence The Sub-Committee considered the following items of correspondence: •Letters from Mr. Prionsias De Rossa, M.E.P; Mr. Brian Crowley, M.E.P., Mr. Gay Mitchell, M.E.P. and Mr. Liam Aylward, MEP in response to a letter from the sub-committee supporting the earliest adoption of COM(2006)564 in order for the International Fund for Ireland to plan ahead with regard to financial contributions. The Sub-Committee agreed to note these items of correspondence, in particular noting the adoption of this proposal with one amendment by the European Parliament on 13 December 2006. The Sub-Committee further agreed to ask the Department of Foreign Affairs to keep it informed of progress in relation to this proposal at the European Council. •Letter from Department of Communications, Marine and Natural Resources outlining the Department’s response on the principle of subsidiarity and proportionality in relation to COM(2006)594, a Proposal for a Directive of the European Parliament and of the Council amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services. •The Sub-Committee considered the above letter and a contribution to the COSAC subsidiarity and proportionality test (and background legal advice on the principle of subsidiarity by the Parliamentary Legal Advisor dated March 2005) in relation to COM(2006)594. It was agreed to forward this contribution to the COSAC secretariat and to forward the document to the Joint Committee on European Affairs and the Joint Committee on Communications, Marine and Natural Resources for their information. 11. Date & Time of next meeting The Sub-Committee adjourned at 10:59 a.m. until 9.30 a.m. on Thursday 8th February 2007. Bernard Allen, T.D. Chairman 24th January 2007 Sub-Committee on European ScrutinyMinutes of Meeting of 8th February 2007Members present:Deputies: Paudge Connolly Senator: Paul Bradford (in the Chair) Other Members: Senator Paul Coughlan & Deputy Jimmy Devins Apologies: Deputy Mae Sexton & Deputy Bernard Allen PRIVATE SESSION: The Sub-Committee met in Private Session at 9.45 a.m. PUBLIC SESSION: The Sub-Committee met in Public Session at 9.45 a.m. 1. Proposals warranting further scrutiny The Sub-Committee considered items1.1 and 1.2 and agreed to refer them for further scrutiny 1.1 COM(2006)684 Proposal for a Regulation of the European Parliament and of the Council banning the placing on the market and the import of or export from the Community of cat and dog fur and products containing such fur
It was agreed to refer this proposal to the Joint Committee on Agriculture and Food for further scrutiny. It was also agreed to forward the proposal to the Joint Committee on Enterprise and Small Business for information. 1.2 COM(2006)829 Proposal for a Council Regulation setting up a Community regime for the control of exports of dual-use items and technology
It was agreed that this proposal be referred to the Joint Committee on Enterprise and Small Business for further scrutiny. 2. Title IV Measures The Sub-Committee noted one Title IV measure, item 2.1 1 COM(2006)817 Proposal for a Council Decision establishing the European Police Office (EUROPOL)
It was agreed that the proposed measure be forwarded for information and consideration by the Committee on Justice, Equality, Defence and Women’s Rights, in advance of any consideration of this matter in the Houses. 3. CFSP Measures The Sub-Committee noted four CFSP measures, items 3.1 to 3.4. 3.1 CFSP(2007)40 Council Joint Action 2007/40/CFSP of 22 January 2007 amending Joint Action 2002/921/CFSP extending the mandate of the European Union Monitoring Mission
It was agreed to note the measure. 3.2 CFSP(2006)998 Council Joint Action 2006/998/CFSP of 21 December 2006 amending Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre
It was agreed to note the measure. 3.3 CFSP(2006)1002 Council Joint Action 2006/1002/CFSP of 21 December 2006 amending Joint Action 2001/554/CFSP on the establishment of a European Union Institute for Security Studies
It was agreed to note the measure. 3.4 CFSP(2006)1011 Council Common Position 2006/1011/CFSP of 21 December 2006 implementing Common Position 2001/931/CFSP on the application of specific measures to combat terrorism
It was agreed to note the measure. 4. Proposals deferred The sub-committee agreed to defer item 4.1 pending receipt of further information. 4.1 COM(2006)866 Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters.
In view of the fact that it is unclear what the legislative and specific cost implications for Ireland will be of the proposed Regulation, it was agreed to defer this proposal to the next meeting of the Sub-Committee pending receipt of further information. 5. Proposals warranting no further scrutiny The sub-committee considered item 5.1 to 5.16 and agreed they warranted no further scrutiny Items 5.1 to 5.8 were taken together 5.1 COM(2006)903 Directive of the European Parliament and of the Council amending Directive 2006/43/EC on statutory audit of annual accounts and consolidated accounts, as regards the implementing powers conferred on the Commission
AND 5.2 COM(2006)907 Proposal for a Directive of the European Parliament and of the Council amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products, and Council Directive 92/42/EEC and Directive 96/57/EC and 2000/55/EC of the European Parliament and of the Council, as regards the implementing powers conferred on the Commission
AND 5.3 COM(2006)914 Proposal for a Directive of the European Parliament and of the Council amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), as regards the implementing powers conferred to the Commission
AND 5.4 COM(2006)915 Proposal for a Directive of the European Parliament and the Council amending Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment, as regards the implementing powers conferred to the Commission
AND 5.5 COM(2006)918 Regulation of the European Parliament and of the Council amending Regulation (EC) No 1606/2002 on the application of international accounting standards as regards the implementing powers conferred on the Commission
AND 5.6 COM(2006)922 Proposal for a Directive of the European Parliament and of the Council amending Directive 2000/53/CE on end-of life vehicles, as regards the implementing powers conferred to the Commission
AND 5.7 COM(2006)926 Proposal for a Directive of the European Parliament and of the Council amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), as regards the implementing powers conferred on the Commission
AND 5.8 COM(2006)919 Proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the implementing powers conferred on the Commission
It was agreed that these purely technical proposals, Items 5.1 to 5.8 did not warrant further scrutiny 5.9 COM(2006)868 Proposal for a Council Regulation on the conclusion of the Agreement between the European Community and the Government of the Russian Federation on co-operation in fisheries and the conservation of the living marine resources in the Baltic Sea
It was agreed that this proposal did not warrant any further scrutiny. 5.10 COM(2006)776 Proposal for a Council Decision on a Community position in the Association Council on the implementation of Article 84 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Tunisian Republic, of the other part
It was agreed that the proposal did not warrant further scrutiny 5.11 COM(2006)665 Proposal for a Council Decision concerning conclusion on behalf of the European Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation
It was agreed that the proposal did not warrant further scrutiny. It was also agreed that the proposal be forwarded for information to the Committee on the Environment and Local Government. 5.12 COM(2006)732 Proposal for a Council Decision amending Decision 2004/585/EC establishing Regional Advisory Councils under the Common Fisheries Policy
It was agreed that this proposal did not warrant further scrutiny. 5.13 COM(2006)807 Proposal for a Council Decision on the signing and conclusion on behalf of the European Community of the 2006 International Tropical Timber Agreement presented by the Commission
It was agreed that this proposal did not warrant further scrutiny. 5.14 COM(2006)804 Proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand
It was agreed that this proposal did not warrant further scrutiny but that it should be forwarded to the Joint Committee on Communications, Marine and Natural Resources in the context of the fishing opportunity presented. 5.15 COM(2007)25 (Follow on note) Proposal for a Council Regulation imposing a definitive anti-dumping on imports of certain polyethylene terephtalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review pursuant to Article 11(2) and Article 11(3) of Council Regulation (EC) No 384/96
It was agreed that the proposal did not currently warrant further scrutiny. 5.16 COM(2007)26 (Follow on note) Proposal for a Council Regulation imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97
It was agreed that the proposal did not currently warrant further scrutiny. 6. Green/White Papers There were no Green or White papers for consideration 7. Adopted Measure The sub-committee considered and noted one adopted measure, item 7.1 7.1 COM(2006)730 Proposal for a Council Decision on the signing and the provisional application of a bilateral agreement in the form of an Exchange of Letters between the European Community and Ukraine on trade in textile products until Ukraine joins the WTO
It was agreed to note this adopted measure. 8. Early Warning Notes The sub-committee considered three early warning notes, items 8.1 to 8.3 8.1 EWN C11/04 Notice of initiation of an anti-dumping proceeding concerning imports of pentaerythritol originating in the United States of America, the People’s Republic of China, Russia, Turkey and Ukraine
It was agreed that the proposal did not currently warrant further scrutiny. 8.2 EWN 117/03 Notice of initiation of an anti-dumping proceeding concerning imports of certain camera systems originating in Japan and of the initiation of the interim review of the anti-dumping duty on imports of television camera systems originating in Japan
It was agreed that the proposal did not currently warrant further scrutiny. 8.3 EWN 2007/C23/04 Notification of initiation of a review of anti-dumping measures relating to urea, a chemical product used mainly as a fertiliser, originating in Russia.
It was agreed that the proposal did not currently warrant further scrutiny. 9. Minutes of previous meeting The Minutes of the meetings of the 24th January 2007 were circulated and agreed. 10. Reports of the Sub-Committee The Draft 77th Report on the Sub-Committee meeting of 24th January 2007 was circulated and it was agreed to forward it to the Joint Committee on European Affairs for agreement to lay before both Houses along with Appendices. 11. Correspondence The Sub-Committee considered the following items of correspondence: •Letter dated 19th January 2007 from the Department of Foreign Affairs concerning CFSP(2006)1011 item 3.4 on today’s agenda. It was agreed to note this correspondence •Response dated 19th December 2006 from the Department of Environment and Local Government on COM(2006)242 and COM(2006)252 concerning persistent organic pollutants. The Sub-Committee agreed to thank the Department for their response but to ask them to outline, in more detail, the implications for industry, in particular the views of industry expressed during the consultation process. 12. Date & Time of next meeting The Sub-Committee adjourned at 10:05 a.m. until 9.30 a.m. on Thursday 1st March 2007. Bernard Allen, T.D. Chairman 8th February 2007 Sub-Committee on European ScrutinyMinutes of Meeting of 8th March 2007Members present:Deputies: Bernard Allen (in the Chair), Mae Sexton Other Members: Senator Camillus Glynn, Senator Paul Coughlan & Senator Terry Leyden Apologies: Senator John Dardis PRIVATE SESSION: The Sub-Committee met in Private Session at 9.35 a.m. PUBLIC SESSION: The Sub-Committee met in Public Session at 9.35 a.m. 1. Proposed warranting further scrutiny The sub-Committee agreed that items 1.1 to 1.5 warranted further scrutiny 1.1 COM(2005)592 Proposal for a Regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea and inland waterways in the event of accidents
It was agreed that the proposed measure be referred for further scrutiny by the Committee on Transport. It was also agreed that the proposed measure be forwarded for information to the Committee on Arts, Sport, Tourism, Community, Rural & Gaeltacht Affairs, in the context of the possible impact from the adoption of the proposed measure on smaller vessels serving the islands and rural communities. It was additionally agreed that the Department be requested to forward a copy of the assessment of the cost of implementing the proposed measure, as referred to in section 13 of its note 1.2 COM(2006)604 Proposal for a Regulation of the European Parliament and the Council establishing the European Institute of Technology
It was agreed to refer this proposal to the Joint Committee on Education and Science for further scrutiny in the context of the concerns raised by the Lead Department in its information note. It was also agreed that the Committee on Education and Science be requested to forward a copy of the report to the Joint Committee on European Affairs. 1.3 COM(2006)818 Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community
It was agreed that this proposal be forwarded to the Joint Committee on the Environment and Local Government for further scrutiny 1.4 5325/07 Draft Council Framework Decision 200../.../JHA of ...... on the recognition and supervision of suspended sentences and alternative sanctions
It was agreed that the proposed measure be referred for further scrutiny by the Committee on Justice, Equality, Defence and Women’s Rights, particularly in the context of the resource implications for the Probation Service from the adoption of the measure. It was also agreed to request the Department to indicate what type of National legislation might be required on foot of the agreement to adopt this proposal. 1.5 COM(2006)755 Proposal for a Council Regulation amending Regulation (EC) No. 1784/2003 on the common organisation of the market in cereals
It was agreed that this measure be referred to the Joint Committee on Agriculture and Food for further scrutiny in the context of the comments made by the Department regarding the rationale behind the proposal and alternative options. 2. Title IV Measures There were no Title IV Measures considered at this meeting 3. CFSP Measures There were no CFSP Measures considered at this meeting 4. Proposals deferred There were no proposals deferred at this meeting. 5. Proposals warranting no further scrutiny The sub-committee agreed that items 5.1 to 5.21 did not warrant further scrutiny 5.1 COM(2006)808 Proposal for a Council Decision on a Community position in the EC-Turkey Association Council on the amendment of the trade concessions for processed agricultural products covered by Decision No 1/95 of the EC-Turkey Association Council on implementing the final phase of the Customs Union and by Decision No 1/97 of the EC-Turkey Association Council on the arrangements applicable to certain processed agricultural products
It was agreed that the proposed measure did not warrant further scrutiny 5.2 COM(2006)813 Proposal for a Council Regulation on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund
It was agreed that the proposed measure did not warrant further scrutiny 5.3 COM(2006)836 Proposal for a Council Decision on the conclusion of an agreement in the form of an exchange of letters between the European Community and the Hashemite Kingdom of Jordan amending the EC-Jordan Association Agreement
It was agreed that the proposed measure did not warrant further scrutiny 5.4 COM(2006)850 Proposal for a Regulation of the European Parliament and the Council on energy statistics
It was agreed that this proposal did not warrant any further scrutiny 5.5 COM(2006)864 Proposal for a Regulation of the European Parliament and of the Council on the submission by Member States of statistics on aquaculture
It was agreed that this proposal did not warrant any further scrutiny 5.6 COM(2006)866 Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters
It was agreed that this proposal did not warrant further scrutiny 5.7 COM(2007)11 Proposal for a Council Decision amending Council Decision 2001/822/EC on the association of the Overseas Countries and Territories with the European Community
It was agreed that the proposed measure did not warrant further scrutiny 5.8 COM(2007)54 — FON Proposal for a Council Regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain tungsten electrodes originating in the People’s Republic of China
It was agreed that the proposed measure did not warrant further scrutiny Items 5.9 to 5.13 were taken together 5.9 COM(2006)904 Proposal for a Council Regulation amending Regulation No. 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as regards the implementing powers conferred on the Commission
AND 5.10 COM(2006)906 Proposal for a Directive of the European Parliament and of the Council amending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as regards the implementing powers conferred on the Commission
AND 5.11 COM(2006)908 Proposal for a Regulation of the European Parliament and the Council amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed as regards the implementing powers conferred on the Commission
AND 5.12 COM(2006)912 Proposal for a Regulation of the European Parliament and the Council amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission
AND 5.13 COM(2006)923 Proposal for a Directive of the European Parliament and of Council amending Directive 98/8 EC concerning the placing of biocidal products on the market, as regards the implementing powers conferred to the Commission
It was agreed that these measures 5.9 to 5.13 did not warrant any further scrutiny 5.14 COM(2007)17 Proposal for a Council Regulation laying down specific rules as regards the fruit and vegetable sector and amending certain Regulations
It was agreed that the proposed measure be referred for information to the Committee on Agriculture & Food. It was also agreed that the proposed measure be forwarded for information to the Committee on Health and Children, in the context of the aspects of the proposed measure concerning the promotion of the consumption of fruit and vegetables by young people 5.15 COM(2006)787 Proposal for a Directive of the Council on the identification and designation of European Critical Infrastructure and the assessment of the need to improve their protection
It was agreed that the proposed measure did not warrant further scrutiny. It was also agreed that the proposed measure be forwarded for information to the Committee on the Environment and Local Government 5.16 COM(2007)12 Proposal for a Council Regulation amending Regulation (EEC) No 1883/78 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section
It was agreed that this proposal did not warrant further scrutiny but that it be forwarded for information to the Joint Committee on Agriculture and Food in the context of COM(2006)755 which was referred for further scrutiny 5.17 COM(2006)798 Proposal for a Council Regulation opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/2007, 2007/2008 and 2008/2009
It is proposed that this measure did not warrant any further scrutiny 5.18 COM(2006)822 Proposal for a Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products
It was agreed that while this measure did not warrant further scrutiny it should be forwarded to the Joint Committee on Agriculture and Food for information in the context of the concerns raised by the Department. It was also agreed to ask the Lead Department to keep that Committee informed of the progress of this proposal 5.19 COM(2006)827 Proposal for a Council Regulation amending Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch
It was agreed that this measure did not warrant further scrutiny 5.20 COM(2006)861 COUNCIL REGULATION amending Annex I to regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
It was agreed that this technical proposal did not warrant further scrutiny 5.21 COM(2006)791 Proposal for a Council Directive amending Directive 93/109/EC of 6 December 1993 as regards certain detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals
It was agreed that the proposed measure did not currently warrant further scrutiny. It was also agreed that the proposed measure be forwarded for information to the Committee on the Environment and Local Government. It was also agreed that the Department be requested to keep the Committee informed of significant developments in relation to this proposal 6. Green/White Papers for information and/or consideration The sub-committee considered three Green Papers - items 6.1 to 6.3 6.1 COM(2006)744 Green Paper on the Review of the Consumer Acquis
It was agreed that this significant Green Paper concerning European consumer legislation be forwarded for the information and consideration of the Committee on Enterprise and Small Business 6.2 COM(2006)474 Green Paper on detection technologies in the work of law enforcement, customs and other security authorities
It was agreed that this Green Paper be forwarded for information and consideration to the Joint Committee on Justice, Equality, Defence and Women’s Rights for Information and Consideration 6.3 COM(2007)27 Green Paper: Towards a Europe free from tobacco smoke: policy options at EU level
It was agreed that this Green Paper be forwarded for Information and consideration to the Joint Committee on Health and Children 7. Adopted Measures The sub-Committee noted the following adopted measures items 7.1 to 7.6 7.1 COM(2007)21 Proposal for a Council Decision extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
It was agreed to note the measure. It was also agreed that the measure be forwarded for information to the Committee on European Affairs 7.2 COM(2006)573 Council Decision on the conclusion of bilateral Agreements laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services between the European Community and the Republic of Bulgaria, the European Community and Romania
It was agreed to note this adopted measure 7.3 COM(2006)772 Proposal for a Council Decision on the amendment of Article 3 of the Additional protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part. To include the process of restructuring of the Bulgarian steel industry
It was agreed to note the measure 7.4 COM(2006)525 Proposal for a Council Directive adapting certain directives in the field of freedom of movement of persons, by reason of the accession of the Republic of Bulgaria and of Romania
It was agreed to note the measure. It was also agreed that the measure be forwarded for information to the Committee on Education and Science and the Committee on the Environment & Local Government, in the context of that Committee’s consideration of the Building Control Bill 7.5 COM(2006)774 Proposal for a Council Regulation fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required
It was agreed to note the measure. It was also agreed that the measure be forwarded to the Committee on Communications, Marine & Natural Resources in the context of its earlier consideration of this matter 7.6 COM(2005)503 (i)Amended proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol against the smuggling of migrants by land, sea and air, supplementing the UN Convention against transnational organised crime concerning the provisions of the Protocol, insofar as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community. (ii)Amended proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol against the smuggling of migrants by land, sea and air, supplementing the UN Convention against transnational organised crime concerning the provisions of the Protocol, insofar as the provisions of this Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community. (iii)Amended proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organised crime concerning the provisions of the Protocol, insofar as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community. (iv)Amended proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organised crime concerning the provisions of the Protocol, insofar as the provisions of this Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community.
It was agreed to note the measure. It was also agreed that the adopted measure be forwarded for information to the Committee on Justice, Equality, Defence and Women’s Rights 8. Early Warning Notes The sub-Committee considered four early warning notes items 8.1 to 8.4 Items 8.1 and 8.2 were taken together 8.1 EWN: 2006/C 217/02 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of integrated compact fluorescent lamps (CFL-i) originating in the People’s Republic of China AND 8.2 EWN: 2006/C 167/04 Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of integrated compact fluorescent lamps (CFL-i) originating in the People’s Republic of China
It was agreed that the proposal did not currently warrant further scrutiny. It was also agreed that the Department be requested to keep the Committee informed of significant developments in relation to the Commission’s review 8.3 EWN: Regn 2005/2006 Commission Regulation (EC) No 2005/2006 of 22 December 2006 imposing provisional anti-dumping duties on imports of synthetic staple fibres of polyesters (PSF) originating in Malaysia and Taiwan
It was agreed that the proposal did not currently warrant further scrutiny. It was also agreed that the Department be requested to keep the Committee informed of significant developments in relation to the Commission’s actions and of the relevant companies’ concerns 8.4 EWN: Regn 2007/C39/12 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of grain oriented flat-rolled products of silicon — electrical steel (GOES) originating in Russia
It was agreed that the proposal did not currently warrant further scrutiny 9. Minutes of previous meeting The Minutes of the meeting of the 8th February 2007 were circulated and agreed. 10. Reports of the Sub-Committee The Draft 78th Report on the Sub-Committee meeting of 8th February 2007 was circulated and it was agreed to forward it to the Joint Committee on European Affairs for agreement to lay before both Houses along with Appendices. 11. Fourth Annual report of the Sub-Committee on EU Scrutiny The Fourth Annual report on the Operation of the European Union (Scrutiny) Act 2002 for the period 1 January to 31 December 2006 was circulated and it was agreed to forward it to the Joint Committee on European Affairs for agreement to lay before both Houses along with Appendices. 12. Correspondence The Sub-Committee considered the following items of correspondence: •Covering letter from Deputy John Deasy, Chairman of the Joint Committee on European Affairs, enclosing a copy of a letter and submission from IBEC entitled “Improving the EU Regulatory environment”. In this submission IBEC offered to assist the Committee in the scrutiny of EU Legislation. It was agreed to write to IBEC thanking them for their offer. It was also agreed to offer to circulate them with the schedule of documents in advance of each scrutiny meeting so that they can submit any comments concerning regulation in respect of up and coming documents for scrutiny. It was further agreed to extend this offer to ICTU and ISME. It was also agreed to forward this correspondence to the Joint Committee on Enterprise, Trade and Employment for their information •Letter from the Department of Enterprise, Trade and Employment concerning the adoption of COM(2006)573 — item 7.2 on the agenda. It was agreed to note this correspondence. 13. Six-monthly reports from Departments A list of reports received from Departments under the European Union (Scrutiny) Act 2002, in relation to measures, proposed measures and other developments in relation to the European Communities and the European Union for the periods 1 Jan 2006 to 31 June 2006 and 1 July 2006 to 31 December 2006 was circulated. The Sub-Committee noted receipt of these reports. 14. Date & Time of next meeting The Sub-Committee adjourned at 10:19 a.m. sine die. Bernard Allen, T.D. Chairman 8th March 2007 Sub-Committee on European ScrutinyMinutes of Meeting of 4th April 2007Members present:Deputies: Bernard Allen (in the Chair), Mae Sexton and Paudge Connolly Senators: John Dardis PRIVATE SESSION: The Sub-Committee met in Private Session at 9.30 a.m. PUBLIC SESSION: The Sub-Committee met in Public Session at 9.32 a.m. 1. Proposals warranting further scrutiny The sub-Committee agreed that items 1.1 to 1.2 warranted further scrutiny 1.1 COM(2007)18 Proposal for a Directive of the European Parliament and of the Council amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels and replacing Directive 93/12/EEC
In light of the concerns noted by the Department it was agreed to refer this proposal to the Joint Committee on the Environment and Local Government for further scrutiny. 1.2 COM(2007)58 (i)Proposal for a Council Directive amending Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption. (ii)Proposal for a Council Regulation amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products. (iii)Proposal for a Council Regulation amending Regulation (EC) No 2597/1997 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk
It was agreed to refer this proposal to the Joint Committee on Agriculture and Food for further scrutiny and to the Joint Committee on Health and Children for Information 2. Title IV Measures There were no Title IV Measures received for this meeting 3. CFSP Measures The Sub-Committee noted 10 CFSP measures, item 3.1 to 3.10 3.1 CFSP(2007)106 Council Joint Action 2007/106/CFSP of 15 February 2007 extending the mandate of the Special Representative of the European Union in Afghanistan
It was agreed to note the measure. 3.2 CFSP(2007)107 Council Joint Action 2007/107/CFSP of 15 February 2007 appointing the European Union Special Representative for the Republic of Moldova
It was agreed to note the measure. 3.3 CFSP(2007)110 Council Joint Action 2007/110/CFSP of 15 February 2007 extending and amending the mandate of the European Union Special Representative for the Middle East Peace Process
It was agreed to note the measure 3.4 CFSP(2007)111 Council Joint Action 2007/111/CFSP of 15 February 2007 amending and extending the mandate of the European Union Special Representative for the South Caucasus
It was agreed to note the measure 3.5 CFSP(2007)113 Council Joint Action 2007/113/CFSP of 15 February 2007 amending and extending the mandate of the European Union Special Representative for Central Asia
It was agreed to note the measure 3.6 CFSP(2007)147 Council Joint Action 2007/147/CFSP of 27 February 2007 repealing Joint Action 2006/319/CFSP on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process
It was agreed to note the measure 3.7 CFSP(2007)150 Council Common Position 2007/150/CFSP of 5 March 2007 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
It was agreed to note the measure 3.8 CFSP(2007)92 Council Common Position 2007/92/CFSP of 12 February 2007 renewing the restrictive measures imposed against Côte d’Ivoire
It was agreed to note the measure 3.9 CFSP(2007)93 Council Common Position 2007/93/CFSP of 12 February 2007 modifying and renewing Common Position 2004/137/CFSP concerning the restrictive measures imposed against Liberia
It was agreed to note the measure 3.10 CFSP(2007)94 Council Common Position 2007/94/CFSP of 12 February 2007 amending Common Position 2002/960/CFSP concerning restrictive measures against Somalia
It was agreed to note the measure. 4. Proposals deferred There were no proposals deferred at this meeting 5. Proposals warranting no further scrutiny The Sub-Committee considered items 5.1 to 5.27 and agreed they warranted no further scrutiny. 5.1 COM(2007)7 Proposal for a Council decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine, to take account of the accession of Bulgaria and Romania to the European Union
It was agreed that this proposal in relation to the conclusion of the measure did not warrant further scrutiny 5.2 COM(2007)9 Proposal for a Council decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, and Moldova, to take account of the accession of Bulgaria and Romania to the European Union
It was agreed that this proposal in relation to the conclusion of the measure did not warrant further scrutiny. 5.3 COM(2007)31 Proposal for a Council Directive on the Marketing of Fruit Plant Propagating Material and Fruit Plants Intended for Fruit Production
It was agreed that this proposal did not warrant any further scrutiny 5.4 COM(2007)36 Proposal for a Regulation of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision 3052/95/EC
It was agreed that this proposal did not warrant further scrutiny but that it be referred to the Joint Committee on Enterprise and Small Business for Information 5.5 COM(2007)37 Proposal for a Regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products
It was agreed that this proposal did not warrant further scrutiny but that it be referred to the Joint Committee on Enterprise and Small Business for Information 5.6 COM(2007)53 Proposal for a Decision of the European Parliament and of the Council on a common framework for the marketing of products
It was agreed that this proposal did not warrant any further scrutiny but that it be forwarded to the Joint Committee on Enterprise and Small Business for Information with related proposals COM(2007) 36 and COM(2007)37 5.7 COM(2007)38 Proposal for a Council Decision on a Community position within the EU — Mexico Joint Committee relating to Annex III to Decision No 2/2000 of the EU-Mexico Joint Council of 23 March 2000, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
It was agreed that this proposal did not warrant any further scrutiny 5.8 COM(2007)43 Proposal for a Council Decision establishing the position to be adopted on behalf of the Community within the International Sugar Council as regards the extension of the International Sugar Agreement, 1992
It was agreed that this technical proposal did not warrant any further scrutiny 5.9 COM(2007)44 Proposal for a Council Decision establishing the position to be adopted, on behalf of the Community, within the International Grains Council with respect to the extension of the Grains Trade Convention, 1995
It was agreed that this technical proposal did not warrant any further scrutiny 5.10 COM(2007)42 Proposal for a Council Regulation amending Regulation (EC) No 2007/2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process
It was agreed that this proposal did not warrant further scrutiny 5.11 COM(2007)47 Proposal for a Council Decision on a Community position within the EU-Chile Association Committee on the establishment of a list of arbitrators, as required by Article 185 paragraph 2 of the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
It was agreed that this proposal did not warrant further scrutiny 5.12 COM(2007)64 Proposal a Council Decision on a Community position in the Association Council on the implementation of Article 75 of the Euro-Mediterranean Association Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part
It was agreed that this proposal did not warrant further scrutiny 5.13 COM(2007)48 Proposal for a Council Regulation derogating from Regulation (EC) No 2596/97 as regards drinking milk produced in Estonia
It was agreed that this proposal did not warrant any further scrutiny 5.14 COM(2007)57 Proposal for a Council Decision on the position to be taken by the Community within the ACP-EC Council of Ministers regarding a decision amending ACP-EC Council of Ministers Decision No 3/2001 on the allocation of resources to Somalia from the 8th and 9th European Development Fund
It was agreed that this proposal did not warrant any further scrutiny 5.15 COM(2007)68 Proposal for a Council Regulation concerning the conclusion of an additional Agreement between the European Community, the Swiss Confederation and the Principality of Liechtenstein extending to the Principality of Liechtenstein the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
It was agreed that this proposal did not warrant any further scrutiny 5.16 COM(2007)91 Directive of the European Parliament and of the Council amending council directive 78/855/EEC concerning mergers of public limited companies and Council Directive 82/891/EEC concerning the division of public limited companies as regards the requirement for an independent experts’ report on the occasion of a merger or a division
It was agreed that this proposal did not warrant further scrutiny. It was also agreed that the proposal be forwarded for information to the Committee on Enterprise and Small Business and the Committee on European Affairs in the context of efforts to reduce unwarranted regulation of business 5.17 COM(2007)92 Council Regulation amending Regulation (EC) No 527/2003 authorising the offer and delivery for direct human consumption of certain wines imported from Argentina which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999
It was agreed that this proposal did not warrant further scrutiny 5.18 COM(2007)82 — FON Proposal for a Decision terminating the anti-dumping proceeding concerning imports of pentaerythritol originating in the People’s Republic of China, Russia, Turkey, Ukraine and the United States of America
It was agreed that this proposal did not warrant further scrutiny 5.19 COM(2007)88 — FON Proposal for a Council Regulation terminating the partial interim review of the anti-dumping measures concerning imports of synthetic staple fibres of polyesters originating in the People’s Republic of China, Saudi Arabia, Belarus and the Republic of Korea
It was agreed that this proposal did not warrant further scrutiny. 5.20 COM(2007)123 - FON Proposal for a Council Regulation imposing definitive anti-dumping measures and releasing the provisional duty imposed on imports of certain frozen strawberries originating in the People’s Republic of China
It was agreed that this proposal did not warrant further scrutiny 5.21 COM(2007)55 Proposal for a Decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the signature and provisional application of the Agreement in the form of an Exchange of Letters on “Agreed Principles of the Modernisation of the existing system of utilisation of the “Transsiberian routes” between the European Community and its Member States, on the one hand, and the Russian Federation, on the other hand. Proposal for a Decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on the form of an Exchange of Letters on “Agreed Principles of the Modernisation of the existing system of utilisation of the Transsiberian routes” between the European Community and its Member States, on the one hand, and the Russian Federation, on the other hand
It was agreed that this proposal did not warrant any further scrutiny. It was also agreed to ask the Department to keep the Committee informed of significant developments. 5.22 COM(2006)867 Proposal for a Council Regulation amending Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/19
It was agreed that this proposal did not warrant any further scrutiny Items 5.23 and 5.24 were taken together 5.23 COM(2007)15 Proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar AND 5.24 COM(2007)16 Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012
It was agreed that these proposals did not warrant any further scrutiny 5.25 COM(2006)869 Proposal for a European Parliament and Council Regulation repealing Council Regulation (EEC) No 954/79 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences
It was agreed that this proposal did not warrant further scrutiny. It was also agreed that the proposed measure be forwarded for information to the Committee on Transport. 5.26 COM(2006)921 Proposal for a Directive of the European Parliament and of the Council amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, as regards the implementing powers conferred on the Commission
It was agreed that this proposal did not warrant any further scrutiny but should be referred to the Joint Committee on Environment and Local Government for information. 5.27 COM(2007)148 Preliminary draft Amending Budget No. 2 to the Budget for 2007. General Statement of Revenue
It was agreed that this proposal did not warrant any further scrutiny 6. Green/White Papers for information and/or consideration There were no Green or White papers received for this meeting 7. Adopted Measures The Sub-Committee noted three adopted measures, item 7.1 to 7.3 7.1 COM(2007)77 Proposal for a Council Decision on the signing, on behalf of the European Community, of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol
It was agreed to note this adopted measure 7.2 COM(2007)6 Proposal for a Council decision on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine, to take account of the accession of Bulgaria and Romania to the European Union
It was agreed to note this proposal in relation to the signature of the proposed measure 7.3 COM(2007)8 Proposal for a Council decision on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, and Moldova, to take account of the accession of Bulgaria and Romania to the European Union
It was agreed to note this proposal in relation to the signature of the proposed measure. 8. Early Warning Notes The Sub-Committee considered two early warning notes, items 8.1 and 8.2 8.1 EWN: 2007/C 54/ 06 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People’s Republic of China
It was agreed that the proposal did not currently warrant further scrutiny 8.2 EWN: 2007/C 63/ 02 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of tartaric acid originating in the People’s Republic of China
It was agreed that the proposal did not currently warrant further scrutiny 9. Minutes of previous meeting The Minutes of the meeting of the 8th March 2007 were circulated and agreed. 10. Reports of the Sub-Committee The Draft 79th Report on the Sub-Committee meeting of 8th March 2007 was circulated and it was agreed to forward it to the Joint Committee on European Affairs for agreement to lay before both Houses along with Appendices. 11. Correspondence The Sub-Committee considered the following items of correspondence: •A letter concerning the late submission of proposals (2007)42, 47 and 64 and a post adoption letter concerning proposals (2007) 6 & 8 from the Department of Foreign Affairs The Sub-Committee agreed to note these items of correspondence •Letter from ICTU indicating who to send the EU scrutiny document schedule to in advance of EU scrutiny meetings. The Sub-Committee agreed to note this item of correspondence •Correspondence from the Department of Transport enclosing an assessment from the European Council on the costs of implementing COM(2005)592 on the liability of carriers of passengers by sea and inland waterways in the event of accidents, which was considered by the Sub-Committee at its previous meeting. The Sub-Committee agreed to forward this to the Joint Committee on Transport and the Joint Committee on Arts, Sports, Tourism, Community, Rural & Gaeltacht Affairs and to ask the Department to keep the Sub-Committee informed of significant on-going developments. 13. Six-monthly reports from Departments A list of reports received from seven Departments under the European Union (Scrutiny) Act 2002, in relation to measures, proposed measures and other developments in relation to the European Communities and the European Union for the period 1 July 2006 to 31 December 2006 was circulated. The Sub-Committee noted receipt of these reports. 14. Process for scrutiny during the dissolution. The Chairman outlined the process for scrutiny during the period between the dissolution of the 29th Dáil and the establishment of a scrutiny committee of the 30th Dáil as follows: •Departments will be asked to continue to provide information notes on all EU proposals in accordance with the 4-week guidlines; •Advice will be drafted on all documents received; •The first meeting of the scrutiny committee of the 30th Dáil will i.note proposals that have no major significance or implications for Ireland, based on the information notes and advice drafted by policy advisors; ii.scrutinise and refer documents of significance. This process was agreed by the Sub-Committee. In addition, the Sub-Committee agreed that the Chair will be notified of significant proposals during the period between the final meeting and prior to dissolution and will agree the action to be taken in discussion with the Secretariat. 15. Date & Time of next meeting The Sub-Committee adjourned at 10:13 a.m. sine die. Bernard Allen, T.D. Chairman April 2007 |
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