Joint Committee on European Affairs s1

JOINT COMMITTEE ON EUROPEAN AFFAIRS

SUB-COMMITTEE ON EUROPEAN SCRUTINY

Decision of the Joint Committee on European Affairs

The Sub-Committee on European Scrutiny at its meeting on 19th July 2006 agreed to refer the Sixty Ninth Report of the Sub-Committee to the Joint Committee on European Affairs for consideration.

The Joint Committee on European Affairs at its meeting of 12th September 2006 considered the Sixty Ninth Report of the Sub-Committee and agreed that the report as presented should be laid before both Houses of the Oireachtas.

Chairman John Deasy TD

12th September 2006

i DRAFT Sub-Committee on European Scrutiny Sixty Ninth Report (Report of the Meeting of 29th June 2006) Decisions of the Sub-Committee on European Scrutiny.

The Sub-Committee on European Scrutiny at its public meeting of 29th June 2006 scrutinised some 25 European Union legislative proposals and other documents. It was agreed that seven of these proposals were deemed to warrant further scrutiny and should be referred to the appropriate Joint Oireachtas Committee for further scrutiny. These proposals concerned: . establishing a Community programme to improve the operation of taxation systems in the internal market; . establishing a European Institute for Gender Equality; . establishing a second Programme of Community action in the field of Health (2007- 2013); . establishing a programme of Community action in the field of consumer policy (2007- 2013); . laying down the amount of Community support to rural development; . determining the general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy; and . arrangements for cooperation between Asset Recovery Offices of the Member States.

The sub-committee considered four CFSP measures concerning the EU Monitoring Mission in Aceh & the Integrated Rule of Law Mission for Iraq.

Of the remaining proposals examined, it was agreed that thirteen of the proposals submitted to the Sub-Committee did not warrant further scrutiny including one Green Paper on the Presumption of Innocence. This was forwarded for information and consideration to the Joint Committee on Justice, Equality, Defence and Womens’ Rights.

There was one adopted measures dealt with at this meeting on the retention of data processed in connection with the provision of public electronic communication services.

ii Finally the Sub-Committee considered two early warning notes on trade measures and agreed that they did not currently warrant further scrutiny.

Bernard Allen T.D Chairman. 20th July 2006

iii Contents

Pages List of Members iii, iv Section 1: Proposals referred to Sectoral Committees for further 1 scrutiny. COM(2006)202 Proposal for a Decision of the European Parliament and of the 1,31 Council establishing a Community programme to improve the operation of taxation systems in the internal market (Fiscalis 2013)

COM(2006)209 Amended Proposal for a Regulation of the European Parliament 3,34 and of the Council establishing a European Institute for Gender Equality

COM(2006)234 Amended proposal for a Decision of the European Parliament and 4,36 of the Council establishing a second Programme of Community action in the field of Health (2007-2013) Adaptation following the agreement of 17 May 2006 on the Financial Framework 2007- 2013

COM(2006)235 Amended proposal for a Decision of the European Parliament and 6,39 of the Council establishing a programme of Community action in the field of consumer policy (2007-2013)

COM(2006)238 Proposal for a Council Decision laying down the amount of 7,41 Community support to rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective

COM(2006)245 Regulation of the Parliament and of the Council determining the 8,44 general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy and amending Council Regulation (EC) No 2236/95

10357(2006) Draft Council Decision concerning arrangements for cooperation 9,47 between Asset Recovery Offices of the Member States

Section 2: Title IV Measures

There were no Title IV Measures for this meeting

Section 3: CFSP Measures

iv CFSP(2006)407 Council Joint Action 2006/407/CFSP of 7 June 2006 amending and 10 extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission- AMM)

CFSP(2006)413 Council Joint Action 2006/413/CFSP of 12 June 2006 amending 11 and extending Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX

Section 4: Documents deferred from previous meeting

There were no proposals proposed for deferral

Section 5: Proposals where the Sub-Committee agreed that no further scrutiny was required COM(2006)174 Green Paper on the Presumption of Innocence 12

COM(2006)188 Proposal for a Council Decision on the signature of the Agreement 13 between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas.

Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas.

COM(2006)201 A Proposal for a Decision of the European parliament and of the 14 council establishing an action programme for Customs in the Community (Customs 2013)

COM(2006)210 (i) Proposal for a Council Directive amending directiv4e 15 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. (ii) Commission report on Council Directive 2002/38/EC of 7 May 2002 amending Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services

COM(2006)219 Proposal for a Directive of the European Parliament and of the 17 Council on the term of copyright and certain related rights (Codified Version)

COM(2006)226 Proposal for a Directive of the European Parliament and of the 18 Council on rental and lending right and on certain rights related to copyright in the field of intellectual property. (Codified Version)

v COM(2006)220 Proposal for a Council Decision on the signing of the Cooperation 19 Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco

COM(2006)222 Proposal for a Directive of the European Parliament and of the 20 Council concerning misleading and comparative advertising (codified version)

COM(2006)243 This document contains two draft Council Decisions: 21 a) Proposal for a Council Decision amending and extending Decision 2001/923/EC establishing and exchange, assistance and training programme for the protection of the euro against counterfeiting (the “Pericles” programme)

b) Proposal for a Council Decision extending to the non- participating Member States the application of Decision 2006/ …/EC amending and extending Decision 2001/923/EC establishing and exchange, assistance and training programme for the protection of the euro against counterfeiting (the “Pericles programme”)

COM(2006)259 Proposal for a Council Decision on a Community position within 22 the EC-Turkey Customs Cooperation committee on the adoption of a Decision laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council

COM(2006)267 Proposal for a Council Decision amending Decision 2003/631/EC 23 adopting measures concerning Liberia under Article 96 of the ACP EC Partnership Agreement in a case of special urgency

COM(2006)268 Proposal for a Council Regulation imposing a definitive anti- 24 dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia, and Ukraine, repealing Council Regulations (EC) No 2320/97 and (EC) No 348/2000, terminating the interim and expiry reviews of the anti- dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine

SEC(2006)633 Preliminary draft Amending Budget No.3 to the General Budget 25 for 2006. General Statement of Revenue.

Section 6 Proposals Adopted prior to Scrutiny

vi COM(2005)438 Proposal for a Directive of the European Parliament and of the Council 26 on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC

Section 7 Early Warning Notes EWN: Notice of initiation of a partial interim review of the anti-dumping 27 2006/C127/02 measures applicable to imports of hand pallet trucks and their essential parts originating in People’s

EWN: Notice of initiation of a partial interim review of the countervailing 27 2005/C172/04 measures applicable to imports of polyethylene terephthalate (PET) film originating in India

Appendix A Terms of Reference Appendix B Information notes on Proposals for further Scrutiny.

vii 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

viii Alternates

Deputies: Barry Andrews (FF) John Deasy (FG)5 Séamus Kirk (FF) Aengus O’Snodaigh (SF) Dan Wallace (FF)6 Ruairi Quinn (Lab)7 Marian Harkin (Ind)8

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 Ruairi Quinn replaced Deputy Jack Wall by order of the Dail 7th November 2002 8 Marian Harkin stepped down as a member of the Sub-Committee on 30th September 2004

ix Sub-Committee on European Scrutiny Sixty Ninth Report (Report of the Meeting of 29th June 2006)

Section 1. Proposals warranting further scrutiny. 1.1 COM(2006)202 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)

Lead Department Office of the Revenue Commissioners/Department of Finance Other Department(s) None

Lead Department Summary. Fiscalis 2013 will effectively be the replacement programme for the current Fiscalis 2003 - 2007 programme, which ends at the end of December 2007. These programmes are designed to improve the operation of taxation systems in the internal market. Vat and excise duties are the taxes most affected, as they are subject to harmonised provisions of EU law. Direct taxes are covered to a lesser extent.

The Fiscalis 2013 programme will support tax administrations of the participating countries to facilitate efficient, effective and extensive co-operation for the proper functioning of taxation systems and the fight against fraud. This is to be achieved by:

- increased knowledge of Community tax law, including the implications of ECJ judgments, - strengthening of administrative cooperation between tax administration, especially in the area of information exchange, - improved control procedures and computer systems, - easing the administrative burden on compliant taxpayers, - improved cooperation with third country tax administrations.

To that end, Fiscalis 2013 would provide for a programme of training activities, seminars, project groups, multilateral controls and working visits.

1 Conclusion In the meantime, pending receipt of a response from the Department, it was agreed that this proposal be referred to the Joint Committee on Finance and the Public Service for further scrutiny, in view of the concerns expressed by the Department relating to the appropriate legal base for the proposal.

2 1.2 COM(2006)209 Amended Proposal for a Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality

Lead Department Department of Justice, Equality and Law Reform Other Department(s) None

Lead Department Summary. The proposal deals with the establishment of a European Institute for Gender Equality. This follows on from agreement by the European Council during the Irish Presidency in June 2004. The Institute, if established, will serve as a centre of excellence in promoting equality between men and women as provided for in the Treaty of the European Union and enshrined in European legislation by way of thirteen Directives. The main activities of the Institute will include the Community-wide collection and pooling of information, the development of methodological tools and the dissemination of information. This proposal deals with the financial and administrative arrangements for the operation of the Institute.

Conclusion It was agreed that this proposal be forwarded to the Joint Committee on Justice, Equality, Defence and Women’s Rights for further scrutiny in view of its significance

3 1.3 COM(2006)234 Amended proposal for a Decision of the European Parliament and of the Council establishing a second Programme of Community action in the field of Health (2007-2013). Adaptation following the agreement of 17 May 2006 on the Financial Framework 2007- 2013

Lead Department Department of Health and Children Other Department(s) None

Lead Department Summary. On 6 April 2005, the European Commission published a proposal for a comprehensive and ambitious health and consumer protection programme (2007-2013). This was based on the assumption of a €1,203 million budget; €969 million of which was earmarked for public health. Following the inter-institutional agreement on the Community Financial Framework, 2007-2013, the final budget for health action was settled at €365.6 million. This is approximately one third of the budget anticipated by the Commission when the April 2005 proposal was produced.

Given the resource constraints, the Commission has produced a modified proposal which refocuses the scope of the programme along three broad objectives: i) To improve citizens’ health security; In light of recent developments with avian flu and growing concerns about a possible influenza pandemic, the modified proposal continues to put a stress on health security. It retains the range of the original proposal and emphasises that action will be complementary to the work of the European Centre for Disease Prevention and Control (ECDC). The programme also covers identification of threats beyond the ECDC remit (such as those posed by physical and chemical agents). The development of vaccination policies and the establishment of European reference laboratories for rare or high-risk pathogens will be supported. The programme will promote the development of EU capacity to co-ordinate a response at European level and will further help Member States to develop their own infrastructure, capacity and co-ordination arrangements needed to respond to a health threat. ii) To promote health in order to improve prosperity and solidarity Population health is a key factor of productivity; therefore the modified proposal provides a strong focus on the potential of good public health to promote economic growth and healthy ageing. In the light of the budgetary constraints, this modified proposal does not include a specific action strand to tackle individual diseases (as in the Commission original proposal). Instead it aims to help reduce the burden of diseases by tackling the most important health determinants. Nevertheless, in cases where there is important added value in Community level action on a specific disease (e.g. on rare diseases or mental health), provisions are made under the relevant objectives. It also focuses on addressing health inequalities and provides for action to improve cohesion between health systems. iii) To generate and disseminate health knowledge. 4 The modified proposal will continue efforts to develop indicators and other tools, and to collect data and information as a basis for policy-making. In addition, as envisaged in the original Commission proposal, the programme will increasingly focus on providing analysis and disseminating information to citizens in a user-friendly manner, such as through the recently launched EU Health Portal. A stronger focus on communication with citizens will also underpin efforts to bring Europe – and European health policy – closer to its citizens. Exchange of best practice and knowledge will target issues where the Community can provide genuine added-value in bringing together expertise from different countries, as is the case with rare diseases, or cross-border issues related with co-operation between health systems. These will complement national measures and enable Member States to benefit from solutions developed elsewhere in the EU.

The modified proposal will aim to further exploit synergies with other Community policies. In addition, action on co-operation between health systems (a separate strand in the Commission original proposal) has been considerably streamlined and incorporated into all the three objectives for Community health action described above.

Conclusion In view of the importance of this proposal, it was agreed that it be referred to the Joint Committee on Health and Children for further scrutiny, and that it also be forwarded to the Joint Committee on Enterprise and Small Business for information, in the context of the splitting of the original Commission proposal into two parts.

5 1.4 COM(2006)235 Amended proposal for a Decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007- 2013)

Lead Department Department of Enterprise, Trade and Employment Other Department(s) None

Lead Department Summary. The programme is the means by which the EU can implement its aim to “contribute to protecting the heath, safety and economic interest of consumers and promoting their right to information and education.”

The proposal seeks to ensure a high level of consumer protection through improved evidence, better consultation and better representation of consumers’ interest and to ensure the effective application of consumer protection rules through enforcement co-operation, information, education and redress. A set of action plans set out in the proposal will enable the EU to support consumer organisations, to enforce EU consumer legislation and to financially support projects in the Member States that contribute to the EU’s aim in the area of consumer protection.

Conclusion It was agreed that this significant proposal be referred to the Joint Committee on Enterprise and Small Business for further scrutiny, and also to forward it to the Joint Committee on Health and Children for information

6 1.5 COM(2006)238 Proposal for a Council Decision laying down the amount of Community support to rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective

Lead Department Department of Agriculture and Food Other Department(s) Department of Community, Rural and Gaeltacht Affairs

Lead Department Summary.

The proposal sets out the rural development funding for 2007-2103, its annual breakdown and the minimum amount for the convergence regions. It is in line with the agreement on the Financial Perspective for the period 2007-2013. The total rural development allocation is €69.75 billion of which at least €33.01 billion is to go to the EU10 and Bulgaria and Romania. It also provides that the €18.91 billion – corresponding to previous EAGGF guarantee funding - allocated to the EU-15 by the European Council will be distributed on the basis of historical allocations. The detail of the historical allocation key will be the subject of a specific Commission decision.

Conclusion It was agreed that in view of the importance of rural development funding for Ireland, this proposal be referred for further scrutiny to the Joint Committee on Agriculture and Food

7 1.6 COM(2006)245

Regulation of the Parliament and of the Council determining the general rules of the granting of Community financial aid in the field of the trans-European transport networks and energy and amending Council Regulation (EC) No 2236/95

Lead Department Department of Finance Other Department of Transport. Department of Communications, Marine Department(s) and Natural Resources

Lead Department Summary. The main aims of the Proposal are;

a) To amend the rates of Community Aid available to certain projects qualifying as Trans-European Networks (TENS) projects from the current rates of 10% and 20% (in exceptional cases) to rates ranging from 10% to 30%. A rate of 20% would apply to priority projects in the transport domain with a higher rate of 30% applying exceptionally to certain trans-frontier transport projects (Article 6). An aid rate of 50% would apply to certain studies, research projects and to certain works. While TENs projects include the energy and telecommunications sectors, funding is overwhelmingly concentrated on the transport sector.

b) The provision for a Guarantee Fund covering commercial risks specific to TEN projects in the post construction phase. This is aimed at encouraging private sector involvement in TENs projects.

Conclusion It was agreed that the proposal be referred for further scrutiny by the Committee on Transport

8 1.7 COM(2006)10357 Draft Council Decision concerning arrangements for cooperation between Asset Recovery Offices of the Member States

Lead Department Department of Justice, Equality and Law Reform Other None Department(s)

Lead Department Summary. This draft Council Regulation repeals Regulation (EC) No 798/2004 and consolidates and updates the provisions of the repealed Regulation. The new draft Regulation maintains, for a further 12 months, restrictive measures against Burma/Myanmar as contained in Common Position 2006/318/CFSP, adopted by the Council on 27 April 2006. The Common Position was maintained in view of the continuing concern about the political and human rights situation in Burma/Myanmar. The Common Position includes a visa ban on named senior members of the Burmese régime and members of their families aged more than 18, as well as a freeze on all their financial assets in the European Union. It also prohibits EU-registered companies from making financial loans or credits to named Burmese State-owned enterprises and from acquiring or extending a participation in such enterprises. The purpose of the restrictive measures is to target those in the military régime and others in Burma/Myanmar who formulate, implement or benefit from policies that impede Burma/Myanmar’s transition to democracy.

Conclusion In view of the importance of the general issue of Assets Recovery in the Irish context, it was agreed that this proposal be forwarded to the Joint Committee on Justice, Equality, Defence and Women’s Rights for further scrutiny.

9 Section 3 CFSP Measures 3.1 CFSP(2006)407 Council Joint Action 2006/407/CFSP of 7 June 2006 amending and extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in ACEh (Indonesia) (Aceh Monitoring Mission-AMM)

Lead Department Department of Foreign Affairs Other Department of Defence Department(s)

Lead Department Summary. On 15 September 2005, the Council adopted Joint Action 2005/643/CFSP establishing a monitoring mission in Aceh. This followed an agreement between the Government of Indonesia (GoI) and the Free Aceh Movement (GAM) with regard to the conflict in Aceh. The GAERC on 18 July 2005 had agreed that the EU would provide observers to monitor implementation of the Memorandum of Understanding between the GoI and the GAM.

The objectives of GAM decommissioning and demobilisation as well as TNI (Indonesian Armed Forces) and Police withdrawals of non-organic forces have been successfully completed. However, the Head of Mission recommended that AMM continue its mandate until parliamentary approval of the Law on Governing Aceh (LOGA) has been given and local elections have been held (expected by early June at latest). The original mandate of the mission was due to expire on 15 March 2006. On 13 February 2006, the Government of Indonesia invited the EU to extend the mandate for three months. Joint Action 2006/202/CFSP amended Joint Action 2005/643/CFSP accordingly, so that the mandate of the AMM would expire on 15 June 2006. The extended mission is focused on reintegration of GAM members and continued implementation of the MoU, as well as monitoring of the process of legislative change.

However, on 5 May the Government of Indonesia invited the EU to extend the mandate for a further period of 3 months until 15 September 2006. The Free Aceh Movement (GAM) also indicated its support for such an extension of the mission. This Joint Action extends the mandate for a further 3 month period.

Ireland has deployed 3 Defence Forces personnel to the mission, which is a civilian one. 2 of these personnel were involved in decommissioning, hence their role has concluded and they have returned to Ireland.

Conclusion It was agreed to note the measure

10 3.2 CFSP(2006)413 Council Joint Action 2006/413/CFSP of 12 June 2006 amending and extending Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX

Lead Department Department of Foreign Affairs Other Department(s) Department of Justice, Equality and Law Reform

Lead Department Summary. A European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, was established by the General Affairs and External Relations Council (GAERC) in March 2005. The Mission provides training in rule of law to middle and senior level officials in the Iraqi police and criminal justice system. The mission commenced in July 2005, and has made considerable progress in meeting its objectives.

However there remain crucial and urgent needs in the Iraqi rule-of-law and criminal justice system that must be addressed. Therefore, this Joint Action proposes to extend the mandate of the mission until 31 December 2007. Moreover, this extended mission would design new specific, single-discipline courses and work-experience secondments in Member States in order to met the needs of small groups of Iraqi criminal justice practitioners. The number of qualified rule-of-law experts will be increased.

Conclusion It was agreed to note the measure

11 Section 5 No further scrutiny 5.1 COM(2006)174 Green Paper on the Presumption of Innocence

Lead Department Department of Justice, Equality and Law Reform Other None Department(s)

Lead Department Summary. The Green Paper is a preliminary reflection document the purpose of which is to examine what is meant by the presumption of innocence in EU Member States and whether it is understood in the same way throughout the EU. If following examination, it is considered that there is a need, the Commission intends to detail the rights stemming from the presumption of innocence in a proposal for a Framework Decision on evidence-based safeguards.

Conclusion Pending receipt of a response, it was agreed that this proposal which is of some potential significance, be forwarded to the Joint Committee on Justice, Equality and Women’s Rights for information and consideration, in order to provided an opportunity to follow an y discussions which ensue after the initial deadline of 6th June which was set for reactions from the Member States.

12 5.2 COM(2006)188 Proposal for a Council Decision on the signature of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short- stay visas Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short- stay visas.

Lead Department Department of Justice, Equality and Law Reform Other Department(s) Department of Foreign Affairs

Lead Department Summary. The purpose of the agreement is to facilitate, on the basis of reciprocity, the issuance of visa for an intended stay of no more than 90 days per period of 180 days to the citizens of the European Union and the Russian Federation

Conclusion It was agreed that the proposal does not warrant further scrutiny. It was also agreed that the proposed measure be forwarded to the Committee on Justice, Equality, Defence and Women’s Rights in the context of British-Irish Joint declaration on the desirability of concluding bi-lateral agreements with the Russian Federation on the issuance of visas.

13 5.3 COM(2006)201 A Proposal for a Decision of the European Parliament and of the Council establishing an action programme for Customs in the Community (Customs 2013)

Lead Department Office of the Revenue Commissioners. Department of Finance Other Department(s) None

Customs 2013 will effectively be the replacement programme for the current Customs 2007 programme, which ends at the end of December 2007. These programmes are designed to ensure the effective functioning of the internal market in the European Union in the context of customs controls.

The Customs 2013 programme will support Customs administrations of the participating countries to facilitate legitimate trade and to simplify and speed up procedures, whilst protecting the security and safety of citizens and the financial interests of the Community.

Conclusion It was agreed that this proposal does not require further scrutiny but it is recommended that it be forwarded to the Joint Committee on Finance and the Public Service for information, in the context of its consideration of COM 2005 609 (Proposal for a Decision regarding the implementation of the Community Lisbon Programme: on a paperless environment for customs and trade) and COM 2005 608 (Proposal for a Regulation laying down the Community Customs Code) which were both referred to the Joint Committee on Finance and the Public Service for further scrutiny.

5.4 COM(2006)210 (i) 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. (ii) Commission report on Council Directive 2002/38/EC of 7 May 2002 amending Directive 77/388/EC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services. Lead Department Department of Finance Other Department(s) Office of the Revenue Commissoners

The Commission proposes to extend the application of Directive 2002/38/EC to 31 December 2008. This Directive, also known as the e-Commerce VAT Directive, was adopted on 7 May 2002 and is due to expire on 30 June 2006. It deals with the VAT treatment of radio and television broadcasting services and certain electronically supplied services provided to EU consumers by suppliers from outside of the EU.

The proposal to roll-over this Directive is in response to the slow progress made on related proposals concerning the VAT treatment of cross-border services under the ‘place of supply’ proposal (COM (2005) 334), and a supporting facility for cross-border traders under the ‘one stop-shop’ proposal (COM (2004) 728). Agreement on these proposals would have obviated the need for the current proposal.

The adoption of the e-Commerce VAT Directive in 2002 not only provided for services delivered electronically from outside of the EU to be taxed, but also that they be taxed in the Member State of the consumer. This ensured equality of treatment of such services within any single Member State irrespective of whether such services were provided by local operators or by operators from outside of the EU. Prior to the Directive, EU VAT law failed to tax electronic services provided by third country operators while European operators were obliged to tax such services, putting them at a distinct disadvantage.

The e-Commerce Directive also provides for simplified registration and reporting obligations to assist compliance by non-EU operators, allowing them to deal with a single European tax administration of their choice. This provision was a significant departure from the then existing norm where taxpayers were required to deal directly with each administration in whose jurisdiction taxable activities took place.

The Commission report to the Council concludes that the 2002 e-Commerce VAT Directive has operated in a satisfactory manner and has achieved its objective.

15 Conclusion It was agreed that this proposal does not currently warrant further scrutiny, but that it be forwarded to the Joint Committee on Finance and the Public Service and the Joint Committee on Communications, Marine and Natural Resources for information.

16 5.5 COM(2006)219 Proposal for a Directive of the European Parliament and of the Council on the term of copyright and certain related rights (Codified Version) Lead Department Department of Enterprise, Trade and Employment Other Department(s) None

The purpose of this proposal is the codification of Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights with the relevant provisions of other legal measures adopted subsequently. The 1993 Directive harmonised the term of protection of copyright and certain related rights across the Member States. For example, the term of protection for literary, dramatic, musical and artistic works was set at the lifetime of the author plus 70 years, while the period of protection for sound recordings was set at 50 years after the making or publishing of that recording.

The Commission’s Explanatory Memorandum text recalls that no changes of substance may be made to the instruments affected by codification; Departmental analysis of the proposal has confirmed that in this case.

In reducing the volume of EU legislation, and in providing more readable and legally secure texts, the wider aim of codification is to facilitate transparency in, and enforcement of, Community law to the benefit both of the citizen and of industry.

Conclusion It was agreed that the proposal does not require further scrutiny, but it is proposed that it be forwarded for information to the Joint Committee on Enterprise and Small Business, the Joint Committee on Justice, Equality, Defence and Women’s Rights and also the Joint Committee on Arts, Culture and the Gaeltacht

17 5.6 COM(2006)226 Proposal for a Directive of the European Parliament and of the Council on rental and lending right an on certain rights related to copyright in the field of intellectual property. (Codified Version)

Lead Department Department of Enterprise, Trade and Employment Other Department(s) On implementation vis a vis public library lending-Department of the Environment, Heritage and Local Government

Lead Department Summary. The purpose of this proposal is the codification of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property with the relevant provisions of other legal measures adopted subsequently. The 1992 Directive harmonised Member States protection for copyright works (such as books or films) being rented or loaned.

The Commission’s Explanatory Memorandum text recalls that no changes of substance may be made to the instruments affected by codification; Departmental analysis of the proposal has confirmed that in this case.

In reducing the volume of EU legislation, and in providing more readable and legally secure texts, the wider aim of codification is to facilitate transparency in, and enforcement of, Community law to the benefit both of the citizen and of industry.

Conclusion It was agreed that this proposal does not warrant further scrutiny, but that it be forwarded to the Joint Committee on Enterprise and Small Business for information

18 5.7 COM(2006)220 Proposal for a Council Decision on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco

Lead Department Department of Transport Other Department(s) Department of Foreign Affairs. Department of Enterprise, Trade and Employment

Lead Department Summary. GALILEO is Europe's satellite radio navigation programme providing a highly accurate, guaranteed global positioning service under civilian control. It was launched at the initiative of the European Commission and developed jointly with the European Space Agency (ESA). As a civil operated global navigation satellite system, Galileo will be independent but it will be inter-operable with GPS and GLONASS, the two other global satellite navigation systems, and open to cooperation with other third countries. Agreements have already been signed with China, the United States, Ukraine, Israel and the Republic of Korea.

A user will be able to take a position with the same receiver from any of the satellites in any combination. By offering dual frequencies as standard, however, Galileo will deliver real-time positioning accuracy down to the metre range, which is unprecedented for a publicly available system. It heralds the advent of a technological revolution similar to the one sparked off by mobile phones. It will also make for the development of a new generation of universal services in areas such as transport, telecommunication, agriculture and fisheries.

Morocco has know-how in space technology and applications through various entities. It wants to bring together the work of these entities by setting up a common interest grouping, and to develop the use of satellite radio navigation on its territory and in the surrounding region (western Mediterranean and West Africa), focusing on applications specific to this zone.

Preliminary contacts concerning the participation of Morocco in the GALILEO programme date back to March 2004. On 13 October, Morocco confirmed its desire to conclude a cooperation agreement with the European Community concerning the civil satellite radio navigation system. The Council gave a negotiation mandate to the Commission on 21 April 2005. The European Commission, on the basis of this mandate, initialled the enclosed Agreement with the Moroccan authorities on 8 November 2005.

Conclusion It was recommended that this proposal does not warrant further scrutiny

19 5.8 COM(2006)222 Proposal for a Directive of the European Parliament and of the Council concerning misleading and comparative advertising (codified version) Lead Department Department of Enterprise, Trade and Employment Other Department(s) None

Lead Department Summary. The proposal aims to codify the various changes made to Directive 84/450/EEC since 1984. There have been two changes to the Directive since 1984. The first was Directive 97/55/EC concerning misleading advertising so as to include comparative advertising. The second was Directive 2005/29/EC concerning unfair business to consumer commercial practices in the internal market. The major change resulted from Directive 2005/29/EC concerning unfair business to consumer commercial practices. This Directive is a comprehensive measure which legislates for the protection of the consumer against a range of unfair practices. However it also amended the two earlier misleading and comparative advertising Directives (i. e. Directive 84/450/EEC and Directive 97/55/EC) by restricting their application to business undertakings. [Note: Directive 2005/29/EC was the subject of an Information Note in July 2003. The title was COM (2003) 356 final].

Conclusion It was agreed that this proposal does not warrant further scrutiny but that it be forwarded to the Joint Committee on Enterprise and Small Business for information

20 5.9 COM(2006)243 This document contains two draft Council Decisions: a) Proposal for a Council Decision amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the “Pericles” programme) b) Proposal for a Council Decision extending to the non-participating Member States the application of Decision 2006/…/EC amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the “Pericles”) Lead Department Department of Finance Other Department(s) Department of Justice, Equality and Law Reform. Central Bank of Ireland

Lead Department Summary. The first Decision aims to amend and continue for a further seven years the 2001 Council Decision establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles Programme). The second Council Decision extends this to the non-participating Member States.

Conclusion It was agreed that this proposal does not warrant further scrutiny, but that it be forwarded to the Joint Committee on Finance and the Public Service for information

21 5.10 COM(2006)259 Proposal for a Council Decision on a Community position within the EC-Turkey Customs Cooperation committee on the adoption of a Decision laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council Lead Department Office of the Revenue Commissioners/Department of Finance Other Department(s) None

Lead Department Summary. The pan Euro-Mediterranean cumulation of origin is an extension of a previous system of Pan- European cumulation. Because of this expansion it is necessary to replace Decision No 1/2001 by a new Decision. This will facilitate a joint application of the customs union and of the preferential trade arrangements between the Community or Turkey and the countries applying the system of ‘pan Euro-Mediterranean’ cumulation of origin.

Conclusion It was agreed that the proposal did not warrant further scrutiny.

22 5.11 COM(2006)267 Proposal for a Council Decision amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP EC Partnership Agreement in a case of special urgency

Lead Department Department of Foreign Affairs Other Department(s) None

Lead Department Summary. Since March 2002 EU relations with Liberia have been governed by Articles 96 and 97 of the ACP EC Partnership Agreement (the “Cotonou Agreement”), which provide for the adoption of “appropriate measures” where a party to the Agreement is considered to have failed to fulfil obligations regarding “respect for human rights, democratic principles and the rule of law” (Art 96) or where there are “serious cases of corruption” (Art 97) Following signature of the Accra Comprehensive Peace Agreement in August 2003 a transitional government was established in Liberia. Due to continued breaches of the principles of democracy rule of law and governance, together with inadequate progress at political level, the application of appropriate measures” was extended until August 2003. with further extensions until December 2004 and 30 June 2006. An EU assessment mission, conducted in April 2005, concluded that lack of progress was due primarily to a lack of funding and the short term in office of the government. There were indications, however, that Liberia was on the path to recovery: the governments active involvement in implementing the GEMAP (the anti corruption plan initiated by the international community) and the holding of what were judged to have been free, fair and democratic elections in October 2005 As the Government of Liberia appears committed to bringing about social, economic and political reconstruction, all activities in pursuit of that goal should be supported and encouraged. However, success will depend on the support of the international community, given the lack of financial resources available to Liberia It is therefore proposed that the appropriate measures adopted by Council Decision 2003/631/EC and amended by Decision 2005/16/EC be terminated. An enhanced, structured political dialogue based on Article 8 of the ACP EC Partnership Agreement could be established to monitor developments in the situation

Conclusion It was agreed that the proposal did not warrant further scrutiny.

23 5.12 COM(2006)268 Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, repealing Council Regulations (EC) No 2320/97 and (EC) No 348/2000, terminating the interim and expiry reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and terminating the interim reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non- alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine Lead Department Department of Enterprise, Trade and Employment Other Department(s) None

Lead Department Summary. Anti-dumping proceedings were imposed on imports of this product in 1997. The original product concerned is seamless pipe and tubes of iron or steel used for applications such as line pipes to transport liquids, gas tubes and tubing for the oil industry. In May 2005 the EU Commission initiated a new proceeding with a broader product scope. Two review proceedings were also initiated to allow for amendment or repeal of the existing measures. The aim of the proposal is to impose new anti-dumping measures on the countries concerned in respect of the broader product scope. Also, as the new measures cover the original product scope the existing measures are repealed and the reviews are terminated.

Conclusion It was agreed that the proposal did not require further scrutiny.

24 5.13 SEC(2006)633 Preliminary draft Amending Budget No.3 to the General Budget for 2006. General Statement of Revenue Lead Department Department of Finance Other Department(s) None

Lead Department Summary. This Amending Budget concerns administrative costs amounting to €3.604m as set out below:

 The European GNSS Supervisory Authority, established under Council Regulation 1321/2004 of 12 July 2004, is to take over the activities of the Galileo Joint Undertaking. It will be responsible for the continued implementation and management of European satellite radio-navigation programmes. Originally both organisations were to run in parallel until 2008 but the Commission has decided that this is not now necessary and is consequently seeking €3.05m to recruit 19 additional staff, to cover the additional tasks to those initially envisaged.

 The European Aviation Safety Agency, commenced operations in 2003, and is now required to expand its work to include standardisation inspections. It requires 8 additional staff and related resources to fund this new activity. However, the additional €1.114m for this agency is being funded by the redeployment of funds within the budget heading for transport safety.

 The European Agency for the Management of Operational Cooperation at the External Borders (FRONTEX), commenced activities in Autumn 2005. As a result of an initial underestimate of staff needs, an increase of 11 staff for administrative support and internal control structures is required. The additional administrative cost of €3.786m is being funded through redeployment within the Agency’s budget for 2006.

 The European Data Protection Supervisor commenced operation in the second half of 2004 and the level of translation required for the 2006 budget was based on its initial activity levels. In the second half of 2005, there was a large increase in translation requirements and this has continued into 2006. Consequently, it is seeking an increase from €112,491 to €667,036.

Conclusion It was agreed that this proposal does not warrant further scrutiny

25 Section 6 Adopted Measures 6.1 COM(2005)438 Proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC Lead Department Department of Justice, Equality and Law Reform Other Department(s) None

Lead Department Summary. The proposal aims to harmonise Member States’ rules on data retention. It proposes that each Member State take measures to ensure that communications data is retained by providers of public communications networks for 12 months, except for data related to electronic communications taking place using wholly or mainly the Internet Protocol, which is to be retained for 6 months.

The proposal aims to ensure that data is available to the law enforcement agencies in the Member States for the prevention, investigation, detection and prosecution of serious crimes and acts of terrorism.

The proposal DOES NOT relate to the content of communications.

It also falls to be considered in the context of a draft Framework Decision on the retention of data which was co-sponsored by the UK, France, Sweden and Ireland and introduced in 2004. .

Conclusion It was agreed to note the adopted measure and that the Department be requested to forward all proposals in the usual manner to the scrutiny committee when they are presented for adoption. It was also agreed that this very significant measure (and the departments document outlining the circumstances surrounding the adoption of the measure) be forwarded for the information and consideration of the Committee on Justice, Equality Defence and Women’s Rights. It was furthermore agreed that the measure be forwarded for information to the Committee on Communications, Marine and Natural Resources.

26 7.1 EWN:2006/C127/02 Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts originating in People’s Republic of China Lead Department Department of Enterprise, Trade and Employment Other Department(s) None Conclusion It was agreed that the proposal did not currently warrant further scrutiny

7.2 EWN:2005/C172/04 Notice of initiation of a partial interim review of the countervailing measures applicable to imports of polyethylene terephthalate (PET) film originating in India. Lead Department Department of Enterprise, Trade and Employment Other Department(s) None Conclusion It was agreed that the proposal did not currently warrant further scrutiny

27 Appendix 1

JOINT COMMITTEE ON EUROPEAN AFFAIRS

ORDERS OF REFERENCE

Dáil Éireann on 16 October 2002 ordered:

“That the Orders of Reference of the Select Committee on European Affairs established on 27th June, 2002, be amended by the insertion of the following Orders of Reference in substitution thereof:

(1) (a) That a Select Committee, which shall be called the Select Committee on European Affairs, consisting of 11 Members of Dáil Éireann (of whom four shall constitute a quorum), be appointed to consider— (i) such Bills the statute law in respect of which is dealt with by the Department of Foreign Affairs; and (ii) such proposals contained in any motion, including any motion within the meaning of Standing Order 157 concerning the approval by the Dáil of international agreements involving a charge on public funds, as shall be referred to it by Dáil Éireann from time to time. (b) For the purpose of its consideration of Bills and proposals under paragraphs (1)(a) (i) and (ii), the Select Committee shall have the powers defined in Standing Order 81(1), (2) and (3). (c) For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 90(1), the Minister for Foreign Affairs (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote. (2) (a) The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on European Affairs to— (i) scrutinise, in the context of European Union issues and measures to be taken by the Council of Ministers of the European Union— (I) any proposals under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament, (II) any document which is published for submission to the European Council, the Council or the European Central Bank, (III) any proposal for a common strategy, a joint action or a common position under Title V of the Treaty on European Union which is prepared for submission to the Council or to the European Council, (IV) any proposal for a common position, framework decision, decision or a convention under Title VI of the Treaty on 28 European Union which is prepared for submission to the Council, (V) any document (not falling within (II), (III), or (IV) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to the consideration of any proposal for legislation, and (VI) any other document relating to European Union matters deposited in both Houses of the Oireachtas by a Member of the Government or Minister of State, as it may select; (ii) consider such matters arising from Ireland’s membership of the European Communities and its adherence to the Treaty on European Union, as it may select; (iii) consider such - (I) acts of the institutions of the European Communities, (II) regulations under the European Communities Acts, 1972 to 1998, (III) other instruments made under statute and necessitated by the obligations of membership of the European Communities, as it may select; (iv) consider such other matters as may be referred to it from time to time by both Houses of the Oireachtas; And (v) represent both Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC); and shall report thereon to both Houses of the Oireachtas.

(b) The Joint Committee shall have: (i) the powers defined in Standing Order 81(1) to (9) inclusive; (ii) the power to refer a proposal for EU legislation which has been considered by it (and which has been concluded to be of sufficient national importance to require further scrutiny) to a Joint Committee on which has been conferred the power defined in Standing Order 81(4) to consider such proposals; And (iii) the power to request the presence of Members of the Government (or Ministers of State nominated in their stead) (or, in the case of the European Council, the Taoiseach or Minister for Foreign Affairs) to attend before the Joint Committee and provide, in private session if so desired by the Member of the Government or Minister of State, oral briefings in advance of Council meetings to enable the Joint Committee to make known its views.

(c) The following persons may attend meetings of the Joint Committee and of its sub- Committees and may take part in proceedings without having a right to vote or to

29 move motions and amendments— (i) Members of the European Parliament elected from constituencies in Ireland (including Northern Ireland); (b) (ii) members of the Irish delegation to the Parliamentary Assembly of the Council of Europe; (c) And (iii) at the invitation of the Joint Committee or of a sub-Committee, as appropriate, other Members of the European Parliament.

(d) The quorum of the Joint Committee shall be five, of whom at least one shall be a Member of Dáil Éireann and one a Member of Seanad Éireann.

(3) The Chairman of the Joint Committee, who shall be a Member of Dáil Éireann, shall also be Chairman of the Select Committee.’.”

30 Information Notes

1.1 Com(2006)202 Information Note 1. Proposal A Decision establishing the Fiscalis 2013 action programme.

2. Title 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).

3. Date of Council document 18/05/2006

4. Number of Council document 9500/06 FISC 71 CODEC 508

5. Number of Commission document: COM (2006)202 final

6. Dealt with in Brussels by Council Working Party Group on Indirect Taxes

7. Department with primary responsibility Office of the Revenue Commissioners / Department of Finance

8. Other Departments involved None

9. Short summary and aim of the proposal Fiscalis 2013 will effectively be the replacement programme for the current Fiscalis 2003 - 2007 programme, which ends at the end of December 2007. These programmes are designed to improve the operation of taxation systems in the internal market. Vat and excise duties are the taxes most affected, as they are subject to harmonised provisions of EU law. Direct taxes are covered to a lesser extent.

The Fiscalis 2013 programme will support tax administrations of the participating countries to facilitate efficient, effective and extensive co-operation for the proper functioning of taxation systems and the fight against fraud. This is to be achieved by:

- increased knowledge of Community tax law, including the implications of ECJ judgments, 31 - strengthening of administrative cooperation between tax administration, especially in the area of information exchange, - improved control procedures and computer systems, - easing the administrative burden on compliant taxpayers, - improved cooperation with third country tax administrations.

To that end, Fiscalis 2013 would provide for a programme of training activities, seminars, project groups, multilateral controls and working visits.

10. Legal basis of the proposal Articles 95, 251 and 5 of the Treaty establishing the European Community

11. Voting Method QMV

12. Role of the EP Co-decision

13. Category of proposal Major significance

14. Implications for Ireland Ireland’s position is that this proposal should not be made under Article 95 (Qualified Majority Voting) as this is not the appropriate legal base. Article 94 (Unanimity) would be a more appropriate legal base. However the last Fiscalis Programme (2003-2007) was agreed using Article 95 as the legal base. When the 2003-2007 Fiscalis Programme was approved by Council, a statement was included in the Council minutes which read “The Council and the Commission state that the programme shall not entail the harmonisation of tax legislation”. We will be seeking the inclusion of a similar statement in the Council minutes when the Fiscalis 2013 Programme is taken to Council for approval. Our position on the legal base is shared by other Member States.

Ireland supports the Fiscalis Programme as a practical step to stimulate cooperation between tax administrations. However the Impact Assessment implies that the new Programme may stray into policy matters which are more appropriately dealt with in a Council forum. Such matters will be addressed when the programme is examined by the Council.

15. Anticipated negotiating period It is hoped that the proposal will be transmitted to the Council and European Parliament before the summer.

16. Proposed implementation date 1 January 2008

17. Consequences for national legislation None

32 18. Method of Transposition into Irish law Not necessary

19. Anticipated Transposition date Not applicable

20. Consequences for the EU budget in euros annually Under the proposed Decision €156.9m in EU funding is being provided over the 6 year period of the Programme. This funding will be used by the Commission, Member States and Accession countries for purposes such as training, development of new technologies, research and attendance at meetings/seminars etc.

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility

Tim Clifford Assistant Principal, EU Excise Branch, Indirect Taxes Division, Office of the Revenue Commissioners, Stamping Building Dublin Castle Dublin 2.

Tel. 01 - 6748228 E-mail: [email protected]

John Burke Excise Policy Unit Budget & Economic Division Department of Finance Phone: 604 5804 e-mail: [email protected]

33 1.2 Com(2006)209 Information Note 1. Proposal Establishment of European Institute for Gender Equality

2. Title Amended Proposal for a Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality

4. Number of Council document 9195/06

5. Number of Commission document: COM(2006)209

6. Dealt with in Brussels by Employment, Social Policy, Health and Consumer Affairs Council Social Questions Working Party

7. Department with primary responsibility Department of Justice, Equality & Law Reform

9. Short summary and aim of the proposal The proposal deals with the establishment of a European Institute for Gender Equality. This follows on from agreement by the European Council during the Irish Presidency in June 2004. The Institute, if established, will serve as a centre of excellence in promoting equality between men and women as provided for in the Treaty of the European Union and enshrined in European legislation by way of thirteen Directives. The main activities of the Institute will include the Community-wide collection and pooling of information, the development of methodological tools and the dissemination of information. This proposal deals with the financial and administrative arrangements for the operation of the Institute.

10. Legal basis of the proposal Articles 13(2) and 141(3) of the Treaty establishing the European Community

13. Category of proposal

34 Some significance, insofar as the Institute will support activity on gender equality across the Union

14. Implications for Ireland None of major significance, other than the general impact on policy on gender equality.

15. Anticipated negotiating period 6-9 months approximately

16. Proposed implementation date It is envisaged that the Institute will be established in 2007.

17. Consequences for national legislation None.

18. Method of Transposition into Irish law N/A

19. Anticipated Transposition date N/A

20. Consequences for the EU budget in euros annually Estimated €52.5m for period 2007 to 2013

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Pauline Moreau, Principal. Phone: 01-4790235 E-mail: [email protected]

Date 1st June 2006

35 1.3 Com(2006)234 Information Note

1. Title: Amended proposal for a Decision of the European Parliament and of the Council establishing a second Programme of Community action in the field of Health (2007-2013). Adaptation following the agreement of 17 May 2006 on the Financial Framework 2007-2013.

2. Date of Council document: 29 May 2006

3. Number of Council document: 9905/06 SAN 156 CADREFIN 169 CODEC 559

4. Number of Commission document: COM (2006) 234 (FINAL)

5. Dealt with in Brussels by: Health Working Group of Council

6. Department with primary responsibility: Department of Health and Children

7. Other Departments Involved: None

8. Short summary and aim of the proposal: On 6 April 2005, the European Commission published a proposal for a comprehensive and ambitious health and consumer protection programme (2007-2013). This was based on the assumption of a €1,203 million budget; €969 million of which was earmarked for public health. Following the inter-institutional agreement on the Community Financial Framework, 2007-2013, the final budget for health action was settled at €365.6 million. This is approximately one third of the budget anticipated by the Commission when the April 2005 proposal was produced.

Given the resource constraints, the Commission has produced a modified proposal which refocuses the scope of the programme along three broad objectives: i) To improve citizens’ health security; In light of recent developments with avian flu and growing concerns about a possible influenza pandemic, the modified proposal continues to put a stress on health security. It retains the range of the original proposal and emphasises that action will be complementary to the work of the European Centre for Disease Prevention and Control (ECDC). The programme also covers identification of threats beyond the ECDC remit 36 (such as those posed by physical and chemical agents). The development of vaccination policies and the establishment of European reference laboratories for rare or high-risk pathogens will be supported. The programme will promote the development of EU capacity to co-ordinate a response at European level and will further help Member States to develop their own infrastructure, capacity and co- ordination arrangements needed to respond to a health threat. ii) To promote health in order to improve prosperity and solidarity Population health is a key factor of productivity; therefore the modified proposal provides a strong focus on the potential of good public health to promote economic growth and healthy ageing. In the light of the budgetary constraints, this modified proposal does not include a specific action strand to tackle individual diseases (as in the Commission original proposal). Instead it aims to help reduce the burden of diseases by tackling the most important health determinants. Nevertheless, in cases where there is important added value in Community level action on a specific disease (e.g. on rare diseases or mental health), provisions are made under the relevant objectives. It also focuses on addressing health inequalities and provides for action to improve cohesion between health systems. iii) To generate and disseminate health knowledge. The modified proposal will continue efforts to develop indicators and other tools, and to collect data and information as a basis for policy-making. In addition, as envisaged in the original Commission proposal, the programme will increasingly focus on providing analysis and disseminating information to citizens in a user-friendly manner, such as through the recently launched EU Health Portal. A stronger focus on communication with citizens will also underpin efforts to bring Europe – and European health policy – closer to its citizens. Exchange of best practice and knowledge will target issues where the Community can provide genuine added-value in bringing together expertise from different countries, as is the case with rare diseases, or cross- border issues related with co-operation between health systems. These will complement national measures and enable Member States to benefit from solutions developed elsewhere in the EU.

The modified proposal will aim to further exploit synergies with other Community policies. In addition, action on co-operation between health systems (a separate strand in the Commission original proposal) has been considerably streamlined and incorporated into all the three objectives for Community health action described above.

9. Legal basis of the proposal: Article 152 of the Treaty

10. Voting Method: Qualified Majority Voting

11. Role of the EP: Co-Decision

37 12. Category of proposal: Some significance

13. Implications for Ireland: Ireland considers that the modified proposal will provide Member States, together with the Commission, with the opportunity to implement effective Community public health measures over the life of the programme. Ireland particularly welcomes the provision whereby priority measures can be identified on an annual basis in order to allow the programme to focus its resources on a few carefully selected areas adapted to the political context and emerging needs.

14. Anticipated negotiating period: It is hoped that negotiations will be concluded by the end of 2006.

15. Proposed implementation date: 31 December 2006

16. Consequences for national legislation: None

17. Consequences for the EU budget in euros annually: The financial framework for the implementation of the Programme for the period 2007-2013 is €365.6 million

18. Contact name, telephone number and e-mail address of official in Department with primary responsibility:

Mr Brendan Phelan Principal Officer Health Insurance and International Unit [email protected] (1) 6354049 June 2006

38 1.4 Com(2006)235 Information Note 1. Proposal Amended proposal for a programme of Community action in the field of consumer policy 2007-2013

2. Title Amended proposal for a Decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013)

5. Number of Commission document: COM(2006)235

6. Dealt with in Brussels by Competitiveness Council Consumer Protection and Information Working Group

7. Department with primary responsibility Department of Enterprise, Trade and Employment

9. Short summary and aim of the proposal The programme is the means by which the EU can implement its aim to “contribute to protecting the heath, safety and economic interest of consumers and promoting their right to information and education.”

The proposal seeks to ensure a high level of consumer protection through improved evidence, better consultation and better representation of consumers’ interest and to ensure the effective application of consumer protection rules through enforcement co-operation, information, education and redress. A set of action plans set out in the proposal will enable the EU to support consumer organisations, to enforce EU consumer legislation and to financially support projects in the Member States that contribute to the EU’s aim in the area of consumer protection.

10. Legal basis of the proposal Article 153 of the EC Treaty

39 12. Role of the EP Co-decision

13. Category of proposal Some significance

14. Implications for Ireland Ireland welcomes the proposal from a consumer protection perspective building as it does on the current programme of Community actions in support of consumer policy (2004-2007) which has seen the introduction of significant legislative developments (the Directive on Unfair Commercial Practices and the Regulation on Consumer Protection Cooperation).

15. Anticipated negotiating period End of 2006

16. Proposed implementation date The Decision will enter into force on the day following that of its publication in the Official Journal of the European Union and it is intended that the programme come into operation on 1 January 2007.

18. Method of Transposition into Irish law Transposition not necessary.

19. Anticipated Transposition date See 16 above

20. Consequences for the EU budget in euros annually €156.8m over the course of the programme 2007-2013

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Gerry Donnelly, Principal Officer, Competition and Consumer Policy Section Telephone: (01) 631 2676 E-mail: [email protected]

Date 9 June, 2006

40 1.5 Com(2006)238 Information Note 1. Proposal EU support for Rural Development 2007-2013.

2. Title Proposal for a Council Decision laying down the amount of Community support to rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective

5. Number of Commission document COM (2006) 238

6. Dealt with in Brussels by Special Committee on Agriculture Council (Agriculture and Fisheries)

7. Department with primary responsibility Department of Agriculture and Food

8. Other Departments involved Department of Community, Rural and Gaeltacht Affairs

9. Short summary and aim of the proposal The proposal sets out the rural development funding for 2007-2103, its annual breakdown and the minimum amount for the convergence regions. It is in line with the agreement on the Financial Perspective for the period 2007-2013. The total rural development allocation is €69.75 billion of which at least €33.01 billion is to go to the EU10 and Bulgaria and Romania. It also provides that the €18.91 billion – corresponding to previous EAGGF guarantee funding - allocated to the EU-15 by the European Council will be distributed on the basis of historical - allocations. The detail of the historical allocation key will be the subject of a specific Commission decision.

10. Legal basis of the proposal Article 69(1) of Council Regulation 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)

11. Voting method QMV

41 12. Role of EP None

13. Category of proposal Some Importance

14. Implications for Ireland From an Irish viewpoint, confirmation that the Commission will utilise historical allocations to distribute funding between the EU 15 is the important aspect. Taken together with the special allocation of €0.5bn agreed for Ireland at the European Council, this will give a total allocation to Ireland of €1.884bn over the period 2007-2013. In addition, modulation (deduction from direct payments) should provide an additional €203m.

15. Anticipated negotiating period Scheduled for agreement at Agriculture Council on 19 June.

16. Proposed implementation date The decision will take effect on its adoption.

18. Method of Transposition into Irish law Not Applicable

19. Anticipated Transposition date Not Applicable

20. Consequences for the EU budget in euros annually The proposed decision does not affect the total amount of funding agreed for rural development at the European Council. It does, however, set out its annual breakdown as follows:

EUR million, 2007 2008 2009 2010 2011 2012 2013 Total 2004 prices Total amount EU-25, plus Bulgaria and 10 710 10 447 10 185 9 955 9 717 9 483 9 253 69 750 Romania

42 21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Mick Cronin, Principal Officer, CAP Rural Development Division Telephone No. 01 6072657 Email: [email protected]

Date: 16 June 2006

43 1.6 Com(2006)245 Information Note 1. Proposal This proposal amends the Commission proposal of July 2004 to take account of the TENS budget allocation under the Financial Perspectives for 2007-2013 agreed in April 2006.

2. Title Regulation of the Parliament and of the Council determining the general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy and amending Council Regulation (EC) n° 2236/95.

3. Date of Council document 1st June 2006

4. Number of Council document 10089/06 ECOFIN 201 TRANS 156 ECO 110 ENER 182 CODEC 578

5. Number of Commission document: COM (2006) 245

6. Dealt with in Brussels by ECOFIN – Financial Counselors Working Group

7. Department with primary responsibility Department of Finance

8. Other Departments involved Department of Transport; Department of Communications, Marine and Natural Resources

9. Short summary and aim of the proposal The main aims of the Proposal are;

c) To amend the rates of Community Aid available to certain projects qualifying as Trans-European Networks (TENS) projects from the current rates of 10% and 20% (in exceptional cases) to rates ranging from 10% to 30%. A rate of 20% would apply to priority projects in the transport domain with a higher rate of 30% applying exceptionally to certain trans-frontier transport projects (Article 6). An aid rate of 50% would apply to certain studies, research projects and to certain works. While TENs projects include the energy and telecommunications sectors, funding is overwhelmingly concentrated on the transport sector.

d) The provision for a Guarantee Fund covering commercial risks specific to TEN projects in the post construction phase. This is aimed at encouraging private sector involvement in TENs projects.

10. Legal basis of the proposal

44 Article 156 and Article 251 of the EC Treaty

13. Category of proposal Some significance

14. Implications for Ireland As the main focus of the proposed Regulation is to increase aid rates to particular infrastructural transport projects (e.g. cross-border bottlenecks, natural barriers, links with candidate countries), the draft Regulation will not have significant implications for Irish projects.

To date TENS funding for Irish projects has been limited due to the dominant role of cohesion and structural funds in the funding of projects. However, TENs funding is likely to be of greater interest in future years as Ireland is no longer eligible for Cohesion funding. Future eligibility may arise, in particular, in respect of Cork –Dublin – Belfast road/rail links which constitute part of priority TENs links.

15. Anticipated negotiating period Negotiations are likely to be concluded before end 2006.

16. Proposed implementation date 1 January 2007

17. Consequences for national legislation The Regulation, if adopted, would have direct application in Member States. National legislation would not be required.

18. Method of Transposition into Irish law See answer to previous question.

19. Anticipated Transposition date N/A

20. Consequences for the EU budget in euros annually

The TENs budget envelope for the period 2007-2013 is €8.17 Billion (€8.013 Billion for transport), equating to €1.167 billion per year.

45 21. Contact name, telephone number and e-mail address of official in Department with primary responsibility

Mr. Dermot Keane – Tel No. +353 (0)1 604 5684 E-mail [email protected]

Mr. Kieran McNamee – Tel No. +353 (0)1 604 5655 E-mail [email protected]

26th June 2006

46 1.7 Com(2006)10357 Information Note 1. Proposal Proposal for a Council Decision concerning arrangements for cooperation between Asset Recovery Offices of the Member States

2. Title Draft Council Decision concerning arrangements for cooperation between Asset Recovery Offices of the Member States

3. Date of Council document Publication of the proposal was approved by COREPER on 27 March, 2006.

4. Number of Council document The most recent text is contained in document 10357/06 with a correction in 10357/06 COR 1.

5. Number of Commission document Not applicable. This is an initiative of Austria, Belgium and Finland.

6. Dealt with in Brussels by Multi-Disciplinary Group on Organised Crime (Working Group of the Justice and Home Affairs Council)

7. Department with primary responsibility Department of Justice, Equality and Law Reform

9. Short summary and aim of the proposal The draft Council Decision provides for exchange of information and best practice between Asset Recovery Offices of the Member States. It is intended to build upon the existing Camden Assets Recovery Inter-Agency Network (CARIN), which was established at a meeting in The Hague on 22-23 September, 2004 by Austria, Belgium, Germany, Ireland, the Netherlands and the United Kingdom.

The main task of the CARIN network is to improve mutual knowledge of methods and techniques in the cross-border identification, freezing, seizure and confiscation of proceeds of crime.

10. Legal basis of the proposal Article 30(1)(a) and (b) and Article 34(2)(c) of the Treaty on European Union

11. Voting method Unanimity

12. Role of the EP Consultation

47 13. Category of proposal Some significance

14. Implications for Ireland No major implications - our proceeds of crime legislation already provides for cooperation between the Criminal Assets Bureau and any police force, or other authority, being an authority with functions related to the recovery of proceeds of crime.

15. Anticipated negotiating period It is expected that the proposal will be adopted before the Finnish Presidency concludes on 31 December, 2006.

16. Proposed implementation date The Council Decision is to enter into force on the date of its publication in the Official Journal.

17. Consequences for national legislation While the draft Council Decision does not require the enactment of legislation, it is likely legislation will be enacted to give it effect.

18. Method of transposition into Irish law Primary legislation

19. Anticipated transposition date Member States are required to comply with the provisions of the Council Decision, at the latest, one year after its entry into force.

20. Consequences for the EU budget in euros annually Not applicable

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Catherine Byrne - 602 8712 – [email protected]

Date 20 June, 2006