Committee Reports::Annual Report 2007 of the Sub-Committee on European Scrutiny::04 April, 2007::Report


Tithe an Oireachtais

An Comhchoiste um Ghnóthaí Eorpacha

An Fochoiste um Iniúchadh Eorpach

An cúigiú Tuarascáil ar Oibriú Acht an Aontais Eorpaigh (Grinnscrúdú) 2002 1 Eanáir 2007 go 4 Aibreán 2007

Aibreán 2007


Houses of the Oireachtas

Joint Committee on European Affairs

Sub-Committee on European Scrutiny

Fifth Report on the Operation of the European Union (Scrutiny) Act 2002: 1 January 2007 to 4 April 2007

April 2007


Chairman’s Foreword


From the beginning of the 29th Dáil, under my chairmanship and the chairmanship of my predecessor, Deputy Gay Mitchell, MEP, the Sub-Committee on EU Scrutiny has met 80 times and considered 2,183 legislative documents and other pre-legislative documents from the European Union. This has been a considerable achievement by any measure.


I would like to acknowledge the co-operation and hard work of my colleagues on the Scrutiny Sub-Committee in undertaking this important body of work. Their expertise and commitment to this work as scrutinisers of proposed European Union legislation is greatly valued. This work is an important part of our work as legislators and provides the Houses of the Oireachtas with the opportunity to have a timely input in the EU legislative process


As the 29th Dail draws to a close I would like to pay tribute to the work of the Oireachtas Sectoral committees for their scrutiny of proposed EU legislation. These committees play a key role in scrutinising and examining, in greater detail, proposals from the EU that have been identified as having a potentially significant implication for Ireland. They bring their particular expertise to the process when scrutinising matters referred to them by the scrutiny sub-committee. Without this co-operation the scrutiny system could not fulfil its responsibilities to the Houses of the Oireachtas in relation to monitoring and scrutinising EU proposals.


Since the establishment of the scrutiny Sub-Committee by the Oireachtas to undertake the important work of scrutiny of proposed EU legislation, there have been many developments at the EU level that have impacted directly on its work. The Sub-Committee is particularly conscious that the role of National Parliaments in relation to EU scrutiny is growing and that there have been a number of recent initiatives to strengthen cooperation between National Parliaments and the EU Institutions. It is also conscious of the importance of engaging with EU citizens more actively in relation to EU matters. The Sub-Committee welcomes these initiatives and is fully committed to strengthening cooperation and using technology to share information with others, including other National Parliaments and members of the public.


In additional to taking part in COSAC meetings, members of the Sub-Committee on EU Scrutiny took part in initiatives to strengthen co-operation between the EU and National Parliaments, including carrying out and reporting on three subsidiarity and proportionality tests on proposals relating to the third railway package, the applicable law and jurisdiction in divorce matters and the Internal Market for Postal services.


In September 2006, the EU Commission commenced transmitting proposals for EU legislation and discussion documents relating to legislation directly to National Parliaments at the same time as they are transmitted to the European Council and the European Parliament. The Sub-Committee welcomed this initiative to transmit all new proposals and consultation papers directly to national parliaments. The Sub-Committee also views the Commission’s decision to consider and respond to comments from national parliaments as an important signal in the increasing cooperation between the Commission and national parliaments in EU policy making.


Since September 2006, the Sub-Committee on EU Scrutiny commenced uploading information in relation to scrutiny of EU legislation on the Interparliamentary Exchange database (IPEX), thereby facilitating the electronic sharing of information on the scrutiny of EU proposals for legislation by the Joint Committee on European Affairs and the Sub-Committee on EU scrutiny. In addition to using this database to share views on EU proposals it facilitates the Sub-Committee in gaining a perspective on other Parliaments’ views on draft EU legislation. This electronic means of sharing information is a step forward in communicating with other National Parliaments in the EU Member States.


I would like to thank the Government Departments for their ongoing cooperation in assisting the Sub-Committee in the process of scrutinising EU legislative proposals and the Department of Foreign Affairs for its work as the co-ordinating Department. A considerable amount of work is undertaken by all the Government Departments in providing detailed information on each of the proposals that are submitted to the Sub-Committee for scrutiny. I would also like to thank the staff of the Committee Secretariat for their hard work and dedication over the last four and half years.


I hope that the important work that Oireachtas committees undertook in relation to the scrutiny of EU legislative proposals in the 29th Dáil can be built on to ensure an effective scrutiny system for the 30th Dáil and beyond.


____________________


Bernard Allen, T.D.


Chairman


April 2007


Sub-Committee on European Scrutiny

List of Members

Deputies:


Bernard Allen (FG) - Chairman1


 


Joe Walsh (FF)2


 


Michael Mulcahy (FF)3


 


Mae Sexton (PD)


 


Paudge Connolly (Ind)4


Senators:


John Dardis (PD)


 


Paul Bradford (FG)


1 Bernard Allen replaced Jim O’Keeffe by order of the Dáil on 20 October 2004 and was elected Chairman of the Sub-Committee on 4th November


2 Joe Walsh replaced Pat Carey by order of the Dáil on 16 November 2004


3 Michael Mulcahy replaced Seán Haughey by order of the Dáil on 18 November 2004


4 Paudge Connolly replaced Marian Harkin by order of the Dáil on 16 June 2005


Alternates

Deputies:


Barry Andrews (FF)


 

John Deasy (FG)5


 


Séamus Kirk (FF)


 


Aengus O’Snodaigh (SF)


 

Dan Wallace (FF)6


 

Joe Costello)7


 

 


Senators:


Don Lydon (FF)


 

Derek McDowell (Lab)


 

Ann Ormonde (FF)


 

Feargal Quinn (Ind)


5 John Deasy replaced Gay Mitchell by order of the Dáil on 20 October 2004


6 Dan Wallace replaced Michael Mulcahy by order of the Dáil on 16 November 2004


7 Joe Costello replaced Ruairí Quinn by order of the Dáil on 18 May 2006


Fifth Report on the Operation of the European Union Scrutiny Act 2002

1 January 2007 to 4 April 2007

Contents


1.

Decision of the Sub-Committee on EU Scrutiny and Joint Committee on European Affairs

1

2.

Documents considered by the Sub-Committee during 2007

2

 

2.1

Overview of documents 2002 — 2007

2

 

2.2

Types of documents considered during the period 1st January to 4th April 2007

4

3.

Decisions taken by the Sub-Committee during the period 1st January 2007 to 4th April 2007

9

 

3.1

Breakdown of decisions taken at each meeting

9

 

3.2

Overview of decisions taken between 1st January and 4th April 2007

10

 

3.3

Documents referred for further scrutiny per Committee

11

 

3.4

Documents referred for information per Committee

12

 

3.5

Green/White papers referred for information and/or consideration per Committee

13

4.

Sectoral Committee information

14

 

4.1

Joint Committee on Agriculture & Food

14

 

4.2

Joint Committee on Arts, Sports, Tourism, Community, Rural and Gaeltacht Affairs

15

 

4.3

Joint Committee on Communications, Marine and Natural Resources

16

 

4.4

Joint Committee on Education & Science

18

 

4.5

Joint Committee on Enterprise & Small Business

19

 

4.6

Joint Committee on Environment & Local Government

21

 

4.7

Joint Committee on European Affairs

23

 

4.8

Joint Committee on Finance & Public Service

24

 

4.9

Joint Committee on Foreign Affairs

26

 

4.10

Joint Committee on Health & Children

27

 

4.11

Joint Committee on Justice, Equality, Defence and Womens’ Rights

28

 

4.12

Joint Committee on Social and Family Affairs

30

 

4.13

Joint Committee on Transport

31

Appendices


Appendix A:

Orders of Reference

Appendix B:

European Union Scrutiny Act 2002

Appendix C:

2007 Minutes of proceedings of the Sub-Committee

Fifth Report on the Operation of the European Union Scrutiny Act 2002

1 January 2007 to 4 April 2007


1. Decision of the Sub-Committee on EU Scrutiny and the Joint-Committee on European Affairs:

The members of the Sub-Committee on EU Scrutiny and the members of the Joint Committee on European Affairs considered the Fifth Report on the operation of the European Union Scrutiny Act 2002, for the period 1 January 2007 to 4 April 2007 of the Sub-Committee on EU Scrutiny and agreed that the report, as presented, should be laid before both Houses of the Oireachtas.


_____________________


Bernard Allen, T.D.


Chairman of the Sub-Committee on EU Scrutiny


_____________________


John Deasy, T.D.


Chairman of the Joint Committee on European Affairs


April 2007


2. Documents considered by the Sub-Committee during 2007

2.1 Overview of documents 2002 - 2007

Enhanced arrangements for Oireachtas scrutiny of EU Business were introduced on 1 July 2002 and were placed on a statutory basis on 23 October 2002, with the entry into force of the European Union (Scrutiny) Act 2002. Since October 2002 to April 2007 the Sub-Committee has met 80 times and in that time has scrutinised 2,183 proposals.


The bar chart below (Fig. 1) shows the number of documents considered each year by the Sub-Committee.


Number of documents considered by the Sub-Committee by year (Fig 1)



* 2002 covers the period from 10th October 2002 to 31 December 2002


** 2007 covers the period from 1st January to 4th April 2007


The following chart (Fig 2) shows the number of documents referred for further scrutiny in relation to the number of total documents received during the period October 2002 to April 2007, broken down per annum. Of the 2,183 documents received, the sub-committee referred 391 documents for further scrutiny or 18% of total documents received during this period.


Number of documents referred for further scrutiny compared to total received per annum (Fig 2)


Fig 2


* 2002 covers the period from 10th October 2002 to 31 December 2002


** 2007 covers the period from 1st January to 4th April 2007


2.2 Types of documents considered during the period 1st January to 4th April 2007

During this period, the Sub-Committee on EU Scrutiny considered a total of 179 documents. The categories of documents received during the period 1st January to 4th April 2007 are depicted in the chart (Fig 3) below:


Breakdown of Proposals/documents received by category (Fig 3)


Fig 3


Legislative Proposals:

Of the 179 documents, the Sub-Committee on EU scrutinised 141 proposals for legislation comprising of 52 Regulations, 47 Decisions, (1 Title IV Measure was a decision) and 42 Directives.


CFSP Measures:

The common foreign and security policy (CFSP) was established and is governed by Title V of the Treaty on European Union. It replaced European Political Cooperation (EPC). The CFSP is attained through specific legal instruments (joint action, common position). Joint Action is a term which refers to a legal instrument under Title V of the Treaty on European Union. It means coordinated action by the Member States whereby resources of all kinds (human resources, know-how, financing, equipment and so on) are mobilised to attain specific objectives fixed by the Council on the base of general guidelines from the European Council. The common position in the context of the Common Foreign and Security Policy is designed to make cooperation more systematic and improve its coordination. The Member States are required to comply with and uphold such positions, which have been adopted unanimously at Council meetings. A protocol exists between the Sub-Committee and the Department of Foreign Affairs for handling CFSP (Common Foreign and Security Policy) measures that are of a confidential nature. These measures are notified in confidence to the Chairman of the Sub-Committee in advance and come to the Sub-Committee itself after the decision is made by the Council.


During the period covered by this report the Sub-Committee considered the 16 CFSP Measures listed below:


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’)


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.


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


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


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


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.


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


CFSP(2007)107


Council Joint Action 2007/107/CFSP of 15 February 2007 appointing the European Union Special Representative for the Republic of Moldova


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


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


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


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


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)


CFSP(2007)92


Council Common Position 2007/92/CFSP of 12 February 2007 renewing the restrictive measures imposed against Côte d’Ivoire


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


CFSP(2007)94


Council Common Position 2007/94/CFSP of 12 February 2007 amending Common Position 2002/960/CFSP concerning restrictive measures against Somalia


Title IV Measures:

Title IV of the Treaty establishing the European Community makes provision for visas, asylum, immigration and other policies relating to free movement of persons. This Title also makes provision for judicial cooperation in civil matters having cross-border implications.


The application of Title IV to Ireland is subject to the provisions of the fourth Protocol to the Treaty of Amsterdam. This means that Ireland is not a party to Title IV measures until we formally exercise our right to opt in to them. Following the formal presentation to the Council of a proposal/initiative under Title IV, Ireland has three months in which to notify the President of the Council in writing of their wish to participate in the adoption and application of the measure in question (Article 3 of the Fourth Protocol). If Ireland does not opt in within the three months, the opt-in cannot be exercised until after the negotiations have been completed and the measure has been adopted (Article 4 of the Fourth Protocol). Ireland can opt in to a Title IV measure anytime after it has been adopted.


Under Article 29.4.6 of the Constitution, the exercise of the opt-in provision, whether within three months of the formal presentation to the Council of the proposal or after the measure has been adopted, is subject to the approval of both Houses of the Oireachtas.


During the period covered by this report, there was one Title IV measures considered as follows:


COM(2006)817


Proposal for a Council Decision establishing the European Police Office (EUROPOL)


Early Warning Notes:

The Sub-Committee considered 15 Early Warning notes. The early warning notes are submitted at the commencement of an investigation prior to the imposition of anti-dumping duties. An anti-dumping duty is imposed where the European Commission determines that certain sectors of the European economy need to be protected from excessively low priced imports from outside the Union. This duty can result in an increase in the sale price of those imports into the Union. The operation of the Early Warning System was outlined and agreed by the Department of Enterprise, Trade and Employment in consultation with the members of the Sub-Committee at meetings held on the 1st April 2004 and 16th December 2004 and covers both new and review cases. Early warning notes are prepared and submitted to the Sub-Committee in advance of the Commission’s formal proposal to impose anti-dumping duties. The Department follows up the early warning note with a follow-on information note at the time that the Council formally agrees the imposition of duties. This allows the members to be given advance notice of the imposition of duties at the commencement of the Commission’s investigation, rather than at the conclusion of the investigation, therefore allowing the Sub-Committee sufficient time to have these measures scrutinised in advance of adoption by the European Council.


The Department also undertook to inform the Sub-Committee of any significant developments with interested parties arising from the consultation process during the investigations covered by these early warning notes.


7 follow on notes were submitted in respect of early warning notes that the sub-committee dealt with previously, six in 2006 and one in 2007.


Adopted Measures:

The sub-Committee considered 18 adopted measures.


Non-Legislative Proposals:
Green Papers:

Green Papers are discussion papers published by the Commission on a specific policy area, primarily these are documents addressed to interested parties — organisations and individuals — who are invited to participate in a process of consultation and debate. In some cases they provide an impetus for subsequent legislation. The Sub-Committee considered the following six Green Papers during the period covered by this report.


COM(2006)763


Global Europe — Europe’s trade defence instruments in a changing global economy — a Green Paper for public consultation


COM(2006)769


Green Paper on Satellite Navigation


COM(2006)708


Modernising labour law to meet the challenges of the 21st century.


COM(2006)744


Green Paper on the Review of the Consumer Acquis


COM(2006)474


Green Paper on detection technologies in the work of law enforcement, customs and other security authorities


COM(2007)27


Green paper towards a Europe free from tobacco smoke: policy options at EU level


White Papers:

White Papers are documents containing proposals for Community action in a specific area. They sometimes follow a green paper published to launch a consultation process at European level. While green papers set out a range of ideas presented for public discussion and debate, white papers contain an official set of proposals in specific policy areas and are used as vehicles for their development.


The Sub-Committee dealt with no White papers during this period.


Document relating to EU Budget:

The final type of document that the Sub-Committee considered during this period concerned amending the 2007 budget to take account of the need to activate the EU Solidarity Fund following floods in Hungary and Greece in 2006 as follows:


COM(2007)148


Preliminary draft Amending Budget No. 2 to the Budget for 2007. General Statement of Revenue.


3. Decisions taken during the period 1st January to 4th April 2007

3.1 Breakdown of decisions taken at each meeting

The following table (Fig 4) shows the breakdown of decisions that the Sub-Committee took at each of its four meeting during this period.


Date of meetings to date during 2007


Number referred for further scrutiny


Number warranting no further scrutiny


Green papers for information and/or consideration


Number of adopted measures considered


Number of CFSP measures noted


Number of Title IV measures noted


Number of Early warning notes considered


Total number of documents considered


24/1/07


1


49


3


8


2


0


6


69


8/2/07


2


16


0


1


4


1


3


27


8/3/07


5


21


3


6


0


0


4


39


4/4/07


2


27


0


3


10


0


2


44


Totals


10


113


6


18


16


1


15


179


Fig 4


3.2 Overview of decisions taken between 1st January and 4th April 2007

Of the 179 documents considered, 10 proposals were deemed to have implications of a significant nature for Ireland and therefore warranted further scrutiny. There were referred to their relevant sectoral committee. The majority of proposals considered by the Sub-Committee were deemed not to warrant additional scrutiny (63%) by Sectoral Committees of the Oireachtas. The chart below (Fig 5) gives a breakdown of all decisions relating to the 179 documents considered during this period, including in percentage terms.



Fig 5


3.3 Documents referred for further scrutiny per Committee

A total of 10 documents were deemed by the Sub-Committee on EU Scrutiny to be of a significance to warrant further scrutiny and therefore were referred for further scrutiny to the relevant Sectoral Committee. Figure 6 below is a bar chart which indicates the number of documents referred to each committee for further scrutiny.



Fig. 6


3.4 Documents referred for information per Committee

Figure 7 is a bar chart depicting the spread of documents referred to each committee for information. A total of 36 documents (20%) were referred for information to sectoral committees. However as some documents were sent to more than one Committee for their information, 40 documents were received in total by the sectoral committees.



Fig 7


3.5 Green/White Papers referred for information and/or consideration per Committee

Figure 8 is a bar chart depicting the spread of Green Papers referred to each committee for information. A total of 6 Green Papers were sent for information and/or consideration to sectoral committees. However, once again, as some were sent to more than one committee for their information, 13 Green Papers in total were received by sectoral committees.



Fig 8


The next chapter gives details for each of the sectoral Committees separately and identifies each of the documents sent to them, either for further scrutiny or for information. Also detailed are the scrutiny reports laid by each committee during the period 1st January 2007 to 4th April 2007.


4. Sectoral Committee Information

4.1 Joint Committee on Agriculture & Food

The Sub-Committee on European Scrutiny referred 3 proposals to the Joint Committee on Agriculture and Food during 2007 for further scrutiny. They also received 1 Green Paper and 3 proposals for information purposes. This committee published 3 EU Scrutiny reports in 2007.


Proposals referred for further scrutiny:

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.


COM(2006)755


Proposal for a Council Regulation amending Regulation (EC) No.1784/2003 on the common organisation of the market in cereals


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.


Green Paper referred for information and/or consideration purposes

COM(2006)769


Green Paper on Satellite Navigation


Proposals referred for information purposes:

COM(2006)822


Proposal for a Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products


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


COM(2007)17


Proposal for a Council Regulation laying down specific rules as regards the fruit and vegetable sector and amending certain Regulations


EU Scrutiny Reports laid between 1st January and 4th April 2007:

Reports on proposals referred prior to 2007


COM(2006)423, COM(2006)425, COM(2006)427 and COM(2006)428


Report no. 35


Proposals relating to the reform of the regulatory environment for food additives, food flavourings and certain food ingredients


COM(2006)487


Report no. 36


Proposal for a Council Regulation on the marketing of the meat of bovine animals aged twelve months or less


COM(2006)397


Report no. 37


Proposal for a Directive of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending Directive 2000/60/EEC


4.2 Joint Committee on Arts, Sports, Tourism, Community, Rural and Gaeltacht Affairs

No proposals were referred for further scrutiny to the Joint Committee on Arts, Sports, Tourism, Community, Rural and Gaeltacht Affairs. The Sub-Committee referred one proposal for information.


Proposal referred for information:

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.


4.3 Joint Committee on Communications, Marine and Natural Resources

The Sub-Committee on European Scrutiny referred one green paper for information and/or consideration and two proposals for information to the Joint Committee on Communications, Marine and Natural Resources. This Committee published 8 reports on EU Scrutiny during 2007.


Green Papers referred for information and/or consideration:

COM(2006)769


Green Paper on Satellite Navigation


Proposals referred for information:

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


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.


EU Scrutiny Reports laid between 1st January and 4th April 2007:

On proposals referred prior to 2007


COM(2006)154


Report 25


Proposal for a Council regulation concerning use of alien & locally absent species in aquaculture


COM(2005)265


Report 26


Green paper on energy efficiency or doing more with less


COM(2005)472


Report 27


Proposal for a Council regulation establishing measures for the recovery of the stock of European eel


COM(2005)575


Report 28


Proposal for a Council regulation fixing for the 2006 fishing year the guide prices and Community producer prices for certain fishery products pursuant to regulation (EC) no 104/2000


COM(2005)617


Report 29


Proposal for a Council regulation fixing for 2006 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


COM(2005)505


Report 31


Proposal for a Directive of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy


COM(2006)382


Report 32


Proposal for a Regulation of the European Parliament and of the Council on roaming on public mobile networks within the Community and amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services


COM(2006)594


Report 33


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


4.4 Joint Committee on Education & Science

The Sub-Committee referred one proposal for further scrutiny, one Green Paper for information and/or consideration and one proposal for information to the Joint Committee on Education and Science. This Committee had no scrutiny reports published during this period.


Proposals referred for further scrutiny:

COM(2006)604


Proposal for a Regulation of the European Parliament and the Council establishing the European Institute of Technology


Green Paper referred for information and/or consideration:

COM(2006)769


Green Paper on Satellite Navigation


Proposal referred for information:

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


4.5 Joint Committee on Enterprise & Small Business

The Sub-Committee on European Scrutiny referred one proposal to the Joint Committee on Enterprise and Small Business for further scrutiny, 4 Green Papers and 10 proposals for information. This committee published 4 EU Scrutiny reports during 2007.


Proposals referred for further scrutiny:

COM(2006)829


Proposal for a Council Regulation setting up a Community regime for the control of exports of dual-use items and technology.


Green Papers referred for information and/or consideration:

COM(2006)763


Global Europe — Europe’s trade defence instruments in a changing global economy — a Green Paper for public consultation


COM(2006)769


Green Paper on Satellite Navigation


COM(2006)708


Modernising labour law to meet the challenges of the 21st century.


COM(2006)744


Green Paper on the Review of the Consumer Acquis


Proposals referred for information:

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.


COM(2007)36


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.


COM(2007)37


Regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products.


COM(2007)53


Decision of the European Parliament and of the Council on a common framework for the marketing of products.


COM(2007)91


Proposal for a 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.


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.


COM(2006)692


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


COM(2006)750


COUNCIL REGULATION amending Regulation (EC) No 1255/96 temporarily suspending the autonomous common customs tariff duties on certain industrial, agricultural and fishery products


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.


COM(2006)830


Proposal for a Council Regulation on the Community trade mark (Codified version)


EU Scrutiny Reports laid between 1st January and 4th April 2007:

On proposal referred prior to 2007


COM(2002)460 and COM(2002)138


Report no. 29


Proposal for a Directive of the European Parliament and of the Council on the Prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001-34-EEC and Proposal for a Directive of the European Parliament and of the Council on the harmonisation of transparency requirements with regard to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34-EEC


COM(2003)17


Report no. 30


Green Paper — European Space Policy


COM(2003)270


Report no. 31


Green Paper on Services of General Interest


COM(2003)827 and COM(2003)828


Report no. 32


Proposal for a Council Decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent and Proposal for a Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance


4.6 Joint Committee on Environment & Local Government

The Sub-Committee referred 3 proposals for further scrutiny to the Joint Committee on Environment and Local Government. A further 6 proposals were referred for information purposes. This Committee published 5 EU Scrutiny reports during 2007.


Proposals referred for further scrutiny:

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 green house gas emissions allowance trading within the Community


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


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.


Proposals referred for information:

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.


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


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


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.


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


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


EU Scrutiny Reports laid between 1st January and 4th April 2007:

On proposals referred prior to 2007


COM(2006)636


Report 36


Proposal for a regulation of the European Parliament and the Council on the banning of exports and the safe storage of metallic mercury


COM(2006)78 and COM(2006)338


Report 37


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 oilseed rape products (Brassica napus L., lines Ms8, Rf3 and Ms8xRf3) genetically modified for tolerance to the herbicide glufosinate-ammonium proposal for a Council decision on the conclusion, on behalf of the European Community, of an amendment to the Convention on access to information, public participation in decision making and access to justice in environmental matters


COM(2003)32 and COM(2004)526


Report 38


COM (2003) 32 Proposal for a Council directive (Euratom) setting out basic obligations and general principles on the safety of nuclear installations [and] proposal for a Council directive (Euratom) on the management of spent nuclear fuel and radioactive waste [and]: COM (2004) 526 : amended proposal for a Council directive (Euratom) laying down basic obligations and general principles on the safety of nuclear installations [and]: amended proposal for a Council directive (Eurartom) on the safe management of the spent nuclear fuel and radioactive waste


COM(2006)240 and COM(2006)364


Report 39


COM(2006)240 Proposal for a Council decision concerning the conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the arrangement on provisional application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER project [and] COM (2006) 364 : amended proposal for a decision of the European Parliament and of the Council concerning the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 - 2013)


On proposals referred during 2007


COM(2006)758


Report 40


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


4.7 Joint Committee on European Affairs

The Sub-Committee referred two for information to this committee. This committee published no EU Scrutiny reports during 2007.


Proposals referred for information:

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


COM(2007)91


Proposal for a 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.


4.8 Joint Committee on Finance & Public Service

The Sub-Committee referred 5 documents for information to the Joint Committee on Finance and Public Service. This Committee published 10 EU Scrutiny reports during 2007.


Proposals referred for information:

COM(2006)599


Decision of the European Parliament and of the Council establishing the European Statistical Governance Advisory Board


COM(2006)653


Decision of the European Parliament and of the Council setting up a European Advisory Committee on Community Statistical Information Policy


COM(2006)687


Decision of the European Parliament and of the Council on the Community Statistical Programme 2008 to 2012


COM(2006)721


Proposal for a Council Regulation amending Financial Regulation applicable to the 9th European Development Fund


COM(2006)760


Recast of Council Directive 69/355/EEc concerning indirect taxes on the raising of capital (Companies Capital Duty).


EU Scrutiny Reports laid between 1st January and 4th April 2007:

On proposals referred prior to 2007


COM(2005)261


Report no. 13


Proposal for a Council Directive on passenger car related taxes


COM(2005)334


Report no. 14


Amended Proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services.


COM(2003)371


Report no. 15


Amended proposal for a Regulation of the European Parliament and of the Council on the prevention of money laundering by means of customs cooperation


COM(2003)78 and COM(2003)335


Report no. 16


COM(2003)78: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EEC) No 218/92 on administrative co-operation in the field of indirect taxation (VAT) as regards additional measures regarding supplies of travel services and COM(2003)335 Proposal for a Council Directive amending Directive 77/388/CEE concerning the common system of value added tax, as regards conferment of implementing powers and the procedure for adopting derogations.


COM(2005)608


Report no. 17


Proposal for a Regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code)


COM(2005)609


Report no. 18


Proposal for a Decision of the European Parliament and of the Council on a paperless environment for Customs and Trade


COM(2006)507


Report no. 19


Proposal for a Directive on mergers and acquisitions (M&A) in the banking, insurance and securities sectors


COM(2005)507


Report no. 20


Proposal for a Directive of the European Parliament and of the Council on Improving the Portability of Supplementary Pension Rights


COM(2006)202


Report no. 21


Proposal for a Decision of the European Parliament and of the Council establishing a Community programme to improve the operation of taxation systems in the internal market (Fiscalis 2013)


COM(2006)213


Report no. 22


Proposal for a Council Regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities


COM(2004)509 and COM(2006)473


Report no. 23


Proposal for a Regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities and Amended Proposal for a Regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities


4.9 Joint Committee on Foreign Affairs

The Sub-Committee referred one proposals for information to the Joint Committee on Foreign Affairs. This Committee published no EU Scrutiny reports in 2007.


Proposal referred for information:

COM(2006)721


Proposal for a Council Regulation amending Financial Regulation applicable to the 9th European Development Fund


4.10 Joint Committee on Health & Children

One Green paper was referred for information and/or consideration to this Committee. In addition, two proposals were referred for information. This Committee published no EU Scrutiny reports in 2007.


Green Paper referred for information and/or consideration:

COM(2007)27


Green paper towards a Europe free from tobacco smoke: policy options at EU level


Proposals referred for information:

COM(2007)17


Proposal for a Council Regulation laying down specific rules as regards the fruit and vegetable sector and amending certain Regulations


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.


4.11 Joint Committee on Justice, Equality, Defence and Womens’ Rights

In 2007 the Joint Committee on Justice, Equality, Defence and Women’s rights received 1 proposal for further scrutiny. They were also referred 3 Green Papers for information and/or consideration and 3 proposals for information. This committee published no EU Scrutiny reports during 2007.


Proposal referred for further scrutiny:

5325/2007


Draft Council Framework Decision on the recognition and supervision of suspended sentences and alternative sanctions


Green Papers referred for information and/or consideration:

COM(2006)769


Green Paper on Satellite Navigation


COM(2006)708


Modernising labour law to meet the challenges of the 21st century.


COM(2006)474


Green Paper on detection technologies in the work of law enforcement, customs and other security authorities


Proposals referred for information:

COM(2006)817


Proposal for a Council Decision establishing the European Police Office (EUROPOL)


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.


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”)


4.12 Joint Committee on Social and Family Affairs

The Joint Committee on Social and Family Affairs received one Green Paper for information and/or consideration. This Committee published 1 EU Scrutiny Report during 2007.


Green Paper referred for information and/or consideration:

COM(2006)708


Modernising labour law to meet the challenges of the 21st century.


4.13 Joint Committee on Transport

In addition to the 1 Proposal for further scrutiny and the 1 Green Paper for information and/or consideration, this committee was referred 4 proposals for information. This Committee published 3 EU scrutiny reports during 2007.


Proposals referred for further scrutiny

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.


Green Paper referred for information:

COM(2006)769


Green Paper on Satellite Navigation


Proposals referred for information:

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.


COM(2006)783


Proposal for a Directive of the European Parliament and of the Council on the interoperablility of the Community rail system.


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.


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.


EU Scrutiny Reports laid between 1st January and 4th April 2007:

On proposals referred prior to 2007


COM(2006)570


Report No. 31


Proposal for a directive of the European Parliament and of the Council on the retrofitting of mirrors to heavy goods vehicles registered in the Community


COM(2005)589


Report no. 32


Proposal for a directive of the European Parliament and of the Council amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system


COM(2005)592


Report no. 33


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.