Sub-Committee on European Scrutiny

Sub-Committee on European Scrutiny Forty Second Report (Report of the Meeting of 25 November 2004)

Decisions of the Sub-Committee on European Scrutiny.

The Sub-Committee on European Scrutiny at its public meeting of 25 November 2004, scrutinised some forty six European Union legislative proposals and other documents.

It was agreed that five of the proposals were deemed to warrant further scrutiny and should be referred to the appropriate Oireachtas Committee. These proposals concerned:  medical products for paediatric use;  the Financial instrument for the Environment (LIFE +);  market access to port services;  maximum concentration values for hazardous substances in electrical and electronic equipment;  food additives other than colours and sweetners in foodstuffs. There were two title IV Measures examined at this meeting. No CFSP Measures were received for this meeting.

Consideration of two further proposals submitted to the Sub-Committee was deferred pending further information from the Departments concerned. One of these proposals related to a regulation on mutual assistance for the protection of the financial interests of the Community against fraud and other illegal activities and the other related to amending regulations relating to restrictions on marketing and use of certain dangerous substances and preparations.

Of the remaining proposals examined, it was agreed that thirty two of the proposals submitted to the Sub-Committee did not warrant further scrutiny and would not be referred to Oireachtas Committees. The Agenda included seven adopted proposals for a Council Regulation, three of which related to the extension of anti-dumping measures and one related to an extension of anti- subsidy measures which, by necessity, were adopted very quickly. Two of the proposals referred to agreements between the European Community and the Swiss Confederation on the free movement of persons and trade in agriculture products respectively. The final adopted proposal related to the prolongation of the International Agreement on Olive Oil and Table Olives.

Bernard Allen T.D Chairman. DATE Contents

Pages List of Members vii, viii Section 1: Proposals referred to Sectoral Committees for further 1 scrutiny. COM (2004) 599 Proposal for a Regulation on medical products for paediatric use and 1,58 amending Regulation (EEC) No.1768/92; Directive 2001/83/EC and Regulation (EC) No. 726/2004

COM (2004) 621 Proposal for a Regulation of the European Parliament and of the 2,61 Council concerning the Financial Instrument for the Environment (LIFE +)

COM (2004) 654 Proposal for a Directive of the European Parliament and of the 3,64 Council on market access to port services

COM (2004) 606 Proposal for a Council Decision amending Decision 2002/95/EC 4,67 for the purposes of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment.

COM (2004) 650 Proposal for a Directive of the European Parliament and of the 5,69 Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs

Section 2: Title IV Measures COM (2004) 718 Proposal for a Directive on certain aspects of mediation in civil 6,72 and commercial matters

14497 04 Draft Council Decision of the Council providing for certain areas 7,75 covered by Title IV of the Treaty to be governed by the procedure referred to in Article 251 of the Treaty

Section 3: CFSP Measures

There were no CFSP Measures considered at this meeting

Section 4: Documents deferred from previous meeting COM (2004) 509 Proposal for a Regulation on mutual assistance for the protection 10,78 of the financial interests of the Community against fraud and any

i other illegal activities.

COM (2004) 638 Proposal to amend, for the 29th time, Directive 76/769/EEC on the 11,81 approximation of regulations relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogenic, mutagenic or toxic) to reproduction.

Section 5: Proposals where the Sub-Committee agreed that no further scrutiny was required COM (2004) 609 Proposal for a Council Decision on the position to be adopted by 12 the Community within the ACP-EC Council of Ministers on the amendment of Decision No. 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 regarding the accession of the Democratic Republic of Timor-Leste to the ACP-EC Partnership Agreement. & COM(2004)610 Proposal for a Council Decision adjusting the financial resources of the 9th European Development Fund further to the accession of the Democratic of Timor-Leste to the ACP-EC Partnership Agreement.

COM (2004) 615 Proposal for a Decision on the position to be taken in the 13 Association Council concerning the improvements of the trade arrangements for processed agricultural products provided for in Protocol 3 of the Europe Agreement with Romania

COM (2004) 617 Proposal for a Council Decision on the conclusion of the 15 Agreement for the period 1 July 2004 to 30 June 2007 concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided in the Agreement between the EC and the Republic of Côte d’Ivoire.

COM (2004) 619 Proposal for a Council Decision on the conclusion of the 16 Agreement for the period 1 July 2004 to 30 June 2007 setting out the fishing opportunities and financial contribution provided in the Agreement between the EC and the Republic of Côte d’Ivoire

COM (2004) 618 Proposal for a Council Decision amending Decision 439/2000/EC 17 of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by certain Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy.

ii COM (2004) 622 Proposal for a Council Regulation amending Regulation (EC) No. 18 88/98 as regards the extension of the trawling ban to Polish waters.

COM (2004) 640 Proposal for a Council Regulation establishing a rebuilding plan 19 for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation.

COM (2004) 643 Proposal for signature and conclusion of the Agreement between 20 the European Community and the Republic of San Marino providing for the taxation of savings income, and the approval and signature of the accompanying Memorandum of Understanding.

COM (2004) 666 Proposal for a Decision of the European Parliament and of the 22 Council on the revision of the Financial Perspective in Annex 1 of the Inter-institutional Agreement of 9 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure.

COM (2004) 631 Amending Regulation (EC) No 1260/1999 laying down general 23 provisions on the Structural Funds concerning the extension of the duration of the PEACE programme and the granting of new commitment appropriations.

SEC (2004) 1235 AMENDING LETTER 1 TO THE PRELIMINARY DRAFT 24 BUDGET FOR 2005 GENERAL STATEMENT OF REVENUE

COM (2004) 733 Proposal for a Council Decision concerning the signature and 25 conclusion of the Agreement between the European Community and the Principality of Monaco providing for the taxation of savings income.

COM (2004) 685 Proposal for a Council Regulation amending Regulation (EC) No. 27 2340/2002 and Regulation (EC) No. 2347/2002 concerning fishing opportunities for deep sea species for the Member States which acceded in 2004.

COM (2004) 710 Proposal for a Council Regulation amending Regulation (EC) 28 1782/2003 concerning the common rules for direct support schemes under the Common Agricultural Policy

SEC (2004) 1234 PRELIMINARY DRAFT AMENDING BUDGET No 11 TO THE 29 BUDGET FOR 2004

SEC (2004) 1324 AMENDING LETTER 3 TO THE PRELIMINARY DRAFT 30 BUDGET FOR 2005 GENERAL STATEMENT OF REVENUE

iii SEC (2004) 1346 AMENDING LETTER 2 TO THE PRELIMINARY DRAFT 31 BUDGET FOR 2005 GENERAL STATEMENT OF REVENUE

COM (2004) 632 Proposal for a Council Regulation concerning Community 32 financial contributions to the international Fund for Ireland (2005- 2006).

COM (2004) 652 Proposal for a Council Regulation amending Regulation (EC) No 33 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)

COM (2004) 689 Proposal for a Council Decision fixing the financial contributions 34 to be paid by the Member States contributing to the European Development Fund (first instalment for 2005)

COM (2004) 741 Proposal for a Council Regulation imposing a definitive anti- 35 dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China

COM (2004) 671 Proposal for a Council Regulation adopting autonomous and 36 transitional measures to open a Community tariff quota for certain agricultural products originating in Switzerland COM (2004) 677 Proposal for a Council Decision to establish a Joint Consultative 37 Committee comprised of local and regional authorities from Romania and the EU. COM (2004) 729 Proposal for Council Decisions concerning the signing of 38 Framework Agreements on the general principles for the participation in Community programmes by the following countries: Albania; Bosnia and Herzegovina; the Republic of Croatia; FYROM; and Serbia and Montenegro. COM (2004) 634 Proposal for a Regulation of the European Parliament and of the 39 Council concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC COM (2004) 635 Proposal for a Council Decision on the conclusion, on behalf of 41 the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers

COM (2004) 680 Proposal for a Council Decision on the conclusion of an 42 Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning recipirocal liberalisation

iv measures and the replacement of Protocols 1 and 2 to the EC- Palestinian Authority Interim Association Agreement. COM (2004) 743 Proposal for a Council Regulation adjusting, from 1 July 2004, the 43 rate of contribution to the pension scheme of officials and other servants of the European Communities and, from 1 January 2005, the interest rate used for transfers between the Community Scheme and national schemes (see summary note at paragraph 9 below).

COM (2004) 717 Proposal for a COUNCIL DECISION on trade in certain steel 44 products between the European Community and the Republic of Kazakhstan COM (2004) 720 Proposal for a COUNCIL DECISION on trade in certain steel 45 products between the European Community and Ukraine

COM (2004) 722 Proposal for a COUNCIL DECISION on trade in certain steel 46 products between the European Community and the Russian Federation

Section 6 Proposals Adopted prior to Scrutiny COM (2004) 596 Proposal for the signature and conclusion of a Protocol to the 47,83 Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons. COM (2004) 688 Proposal to extend the anti-dumping measures imposed in respect 48,86 of imports of tube or pipe-fittings originating in the People’s Republic of China to imports consigned from Indonesia. COM (2004) 691 Proposal to extend the anti-dumping measures imposed in respect 49,88 of imports of tube or pipe-fittings originating in the People’s Republic of China to imports consigned from Sri Lanka. COM (2004) 703 Proposals to extend anti-dumping measures in respect of imports 50,90 of PET film originating in, among other places, India to imports consigned from Brazil or Israel. COM (2004) 704 Proposal to extend anti-subsidy measures in respect of imports of 51,92 PET film originating in, among other places, India to imports consigned from Brazil or Israel. COM (2004) 665 Proposal for a Council Decision establishing the Community 52,94 position with respect to the prolongation of the International Agreement on Olive Oil and Table Olives, 1986. COM (2004) 714 Proposal for Council Decision on the Community position on 53,96

v Decision No 2/2004 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment of Appendices 1, 2, 3, 4, 5, 6 and 11 of Annex 11 to the Agreement. Appendix 1: Terms of Reference Appendix 2: Information notes on Proposals in Section 1 above Appendix 3: Information notes on Proposals in Section 2 above Appendix 4: Information notes on Proposals in Section 3 above Appendix 5: Information notes on Proposals in Section 4 above

vi Sub-Committee on European Scrutiny List of Members

Deputies: Bernard Allen (FG) - Chairman1

Joe Walsh (FF)2

Michael Mulcahy (FF)3

Mae Sexton (PD)

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

vii Alternates

Deputies: Barry Andrews (FF) John Deasy (FG)4 Séamus Kirk (FF) Aengus O’Snodaigh (SF) Dan Wallace (FF)5 Ruairi Quinn (Lab)6 Marian Harkin (Ind)7

Senators: Don Lydon (FF) Derek McDowell (Lab) Ann Ormonde (FF) Feargal Quinn (Ind)

4 John Deasy replaced Gay Mitchell by order of the Dáil on 20 October 2004 5 Dan Wallace replaced Michael Mulcahy by order of the Dáil on 16 November 2004 6 Ruairi Quinn replaced Deputy Jack Wall by order of the Dail 7th November 2002 7 Marian Harkin stepped down as a member of the Sub-Committee on 30th September 2004

viii Section 1. Proposals where the Sub-Committee agreed that they be referred to the Sectoral Committees for further scrutiny.

1.1COM (2004) 599 Proposal for a Regulation on medical products for paediatric use and amending Regulation (EEC) No. 1768/92; Directive 2001/83/EC and Regulation (EC) No. 726/2004. Lead Department Health and Children

Other Department(s) None

Lead Department Summary. The paediatric population is a vulnerable group with developmental, physiological and psychological differences from adults, which makes age and development related research into medicinal products particularly important. In contrast to the situation with regard to adults, more than 50% of the medicines used to treat children have not been tested for use in children.

The overall objective of the proposed Regulation, therefore, is to improve the health of the children of Europe by facilitating research, development and authorisation of medicines for use in children. General objectives are:

o to increase the development of medicines for use in children

o to ensure that medicines used to treat children are subject to high quality research

o to ensure that medicines used to treat children are appropriately authorised for use in children

o to improve the information available on the use of medicines in children

o to achieve these objectives without subjecting children to unnecessary clinical trials and in full compliance with the EU Clinical Trials Directive.

Conclusion The Sub-Committee agreed that the proposal be referred to the Committee on Health and Children for further scrutiny.

1 1.2COM (2004) 621 Proposal for a Regulation of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE +) Lead Department Environment, Heritage and Local Government Other Department(s) None

Lead Department Summary. The current LIFE Programme (LIFE Nature, LIFE Environment and LIFE Third Countries) will run in its present form until 31 December 2006 and is to be succeeded by LIFE Plus. The Financial Perspectives 2007-2013 indicate that LIFE Plus will be the dedicated financial instrument in support of environment policy. LIFE+ is intended to support the priorities of the 6th Environment Action Programme (2002-2012) which are to combat climate change, to halt the decline in bio-diversity, to minimise negative environmental effects on human health, and to deal with natural resources and waste in sustainable ways. Two strands are envisaged:

Conclusion The Sub-Committee agreed that the proposal be referred to the Committee on the Environment, and Local Government for further scrutiny.

2 1.3COM (2004) 654 Proposal for a Directive of the European Parliament and of the Council on market access to port services Lead Department Department of Communications, Marine & Natural Resources Other Department(s) Transport

Lead Department Summary.

The aim of the proposal is to establish a Community legal framework ensuring, on the one hand, access to the port services market in application of the EC treaty rules, whilst, on the other hand, allowing Member States and their competent authorities to fill in this framework with specific rules which take due account of the ports’ geographic and other characteristics as well as of local, regional or national specificities. The proposed Directive applies to ports with average annual maritime traffic volume of not less than 1.5 million tonnes of freight and/or 200,000 passengers. Two main issues are addressed by the proposal are intra-port competition and inter-port competition.

Intra-port competition The port services covered are cargo handling operations, passenger services and the technical- nautical services of pilotage, towing and mooring. Within a certain timeframe following the entry into force of the proposed Directive all providers of port services in a port have to operate on the basis of an authorisation granted by a competent authority. The criteria for granting authorisations must be objective, transparent, non-discriminatory, relevant and proportional, and must be made public. The proposed Directive also contains specific provisions regarding limitation of the number of service providers, the independence of the competent authority, the duration of authorisations, self-handling and the service of pilotage.

Inter-port competition Every port to which the proposed Directive applies shall be obliged to submit the details required under Commission Directive 80/723/EEC on the transparency of financial relations between member states and public undertakings as well as on financial transparency within certain undertakings. The proposal also provides for State Aid guidelines to be adopted by the European Commission no later than one year from the date of entry into force of the proposed Directive.

Conclusion The Sub-Committee agreed that the proposal be referred to the Committee on Communications Marine and Natural Resources for further scrutiny.

3 1.4COM (2004) 606 Proposal for a Council Decision amending Decision 2002/95/EC for the purposes of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment. Lead Department Environment, Heritage and Local Government Other Department(s) Enterprise, Trade and Employment

Lead Department Summary.

To permit maximum concentration levels of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) in electrical and electronic equipment (EEE) as it is not possible to achieve a total avoidance of these metals in the manufacture of EEE.

Conclusion The Sub-Committee agreed that the proposal be referred to the Committee on the Environment and Local Government for further scrutiny.

4 1.5COM (2004) 650 Proposal for a Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs. Lead Department Department of Health & Children Other Department(s) None

Lead Department Summary. Directive 95/2/EC on food additives other then colours and sweeteners sets out a list of authorised food additives, the foodstuffs in which they may be used and their conditions of use. The Directive was adopted in February 1995 and has since been amended five times: in 1996, 1998, 2000 and twice in 2003.

The proposed amendments will reduce the authorised levels of nitrates and nitrites in meat products, withdraw the authorisation for the use of gel-forming food additives as used in “jelly mini-cups”, withdraw the authorisation for the use of a certain paraben (E216 and E217) and authorise the use of four new food additives (ethyl cellulose, erythritol, 4-hexyl resorcinol and soybean hemicellulose).

Conclusion The Sub-Committee agreed to refer the proposed measure to the Committee on Health & Children

5 Section 2. Title IV Measures

2.1 COM (2004) 718 Proposal for a Directive on certain aspects of mediation in civil and commercial matters

Lead Department Department of Justice, Equality & Law Reform. Other Department(s) The Office of the Attorney General.

Lead Department Summary. The proposal was presented as part of a general programme of measures in the field of judicial cooperation in civil matters where those matters have cross-border implications and are seen as necessary for the proper functioning of the internal market. A key objective of the proposal is to facilitate better access to justice by promoting the use of mediation. It aims to establish a sound relationship between mediation and ordinary civil proceedings and seeks to ensure that the courts of the Member States have the tools at their disposal which will enable them, without compulsion, to avail of the mediation option where appropriate.

Conclusion The Sub-Committee agreed that the Title ΙV proposal be forwarded to the Committee on Justice, Equality, Defence and Women’s Rights for information in advance of any decision to seek the approval of the Oireachtas to opt into the proposed measure.

6 2.2 14497/04 Draft Council Decision of the Council providing for certain areas covered by Title IV of the Treaty to be governed by the procedure referred to in Article 251 of the Treaty

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

Lead Department Summary.

In the context of the Hague Programme strengthening freedom, security and justice in the European Union, the European Council on 4/5 November 2004 asked “the Council to adopt a decision based on Article 67(2) TEC immediately after formal consultation of the European Parliament and no later than 1 April 2005 to apply the procedure provided for in Article 251 TEC to all Title IV measures to strengthen freedom, subject to the Nice Treaty, except for legal migration.”. The Netherlands Presidency has now published a DRAFT Council Decision to give effect to the request of the European Council.

The DRAFT Decision mainly covers matters dealing with:-

 Article 62(1) – measures with a view to ensuring, in compliance with Article 14, the absence of any controls on persons, be they citizens of the Union or nationals of third countries, when crossing internal borders.  Article 62(2) (a) – measures on the crossing of the external borders of the Member States which shall establish standards and procedures to be followed by Member States in carrying out checks on persons at such borders.  Article 62 (3) – measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months.  Article 63 (2) (b) – measures on refugees and displaced persons promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons (NOTE: This covers, for example, the European Refugee Fund instruments). Certain exceptions are specified in Article 1 (3) of the DRAFT Decision.  Article 63 (3) (b) – measures on immigration policy within the following areas – illegal immigration and illegal residence, including repatriation of illegal residents. Certain exceptions are specified in Article 1(3) of the DRAFT Decision.  The two Council Regulations (789/2001 and 790/2001) reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications and for carrying out border checks and surveillance which are being modified (in Article 3 of the DRAFT Decision) so as to require the Council to act also in these cases by QMV.

7 Conclusion The Sub-Committee agreed that the proposal be forwarded to the Committee on Justice, Equality, Defence and Women’s Rights for information in advance of any decision to seek the approval of the Oireachtas to opt into the measure. It also agreed that the Committee on Justice, Equality, Defence and Women’s Rights may wish to pay particular attention to this proposed measure.

8 Section 3. There were no CFSP Measures received for this meeting.

9 Section 4. Deferred Documents.

4.1 COM (2004) 509 Proposal for a Regulation on mutual assistance for the protection of the financial interests of the Community against fraud and any other illegal activities Lead Department Finance Other Department(s) None

Lead Department Summary. The draft Regulation aims to facilitate administrative cooperation between Member States and the Commission in order to combat fraud against the Community’s income and expenditure, particularly in the areas of:

- Transnational VAT fraud

- Laundering of the proceeds of EC fraud

- Structural funds fraud

The Commission believes that the existing EU legal framework for administrative cooperation is incomplete in providing for an active role for the Commission in supporting and coordinating Member States' activities. Organised crime, taking advantage of the market freedoms provided by European integration, often spreads its activities over several Member States. Where Member States’ authorities are confronted with complex fraud schemes that are linked to two or more Member States, swift and multilateral administrative cooperation in any necessary investigation is essential. Cooperation in fraud matters in a single market now comprising 25 Member States will be increasingly difficult without support and coordination at European level. The Commission believes that there is a clear added value in giving the Commission a support and coordination role, as it is in the best position to have a general overview of EC fraud activities and also treats all Member States’ interests with the same degree of care and attention.

This draft regulation is limited to mutual administrative assistance. In order to concentrate on matters of relevance at Community level the draft Regulation provides for a threshold of €0.5 million in the case of VAT fraud and €0.1 million in the case of other types of fraud.

The Sub-Committee agreed to defer the proposal until working group discussions have

10 commenced on this proposal. It also agreed to request the Department to keep the Sub- Committee informed of significant developments in relation to this proposal.

4.2 Taken as item 1.4- proposal referred for further scrutiny.

4.3 COM (2004) 638 Proposal to amend, for the 29th time, Directive 76/769/EEC on the approximation of regulations relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogenic, mutagenic or toxic) to reproduction. Lead Department Department of Enterprise Trade and Employment Other Department(s) The Health and Safety Authority; Office of the Director of Consumer Affairs

Lead Department Summary.

The proposal would govern the substances newly classified or re-classified as carcinogenic, mutagenic or toxic to reproduction category 1 or 2 in the 29th adaptation to technical progress of Directive 67/548/EEC (on classification, packaging and labelling of dangerous substances) by inserting them in the Appendix of Annex 1 of Directive 76/769/EEC, thereby restricting their use in substances and preparations placed on the market for sale to the general public.

Conclusion The Sub-Committee agreed to defer consideration of the proposal until the Department has advised the Secretariat of the outcome of its consultation process with interested parties.

Section 5. 11 Proposals proposed for no further scrutiny.

5.1 COM (2004) 609 Proposal for a Council Decision on the position to be adopted by the Community within the ACP-EC Council of Ministers on the amendment of Decision No. 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 regarding the accession of the Democratic Republic of Timor-Leste to the ACP-EC Partnership Agreement.

Lead Department Foreign Affairs Other Department(s) None

Lead Department Summary.

On 16 May 2003, by Decision No 1/2003 of the ACP-EC Council of Ministers, Timor-Leste was accepted as a signatory to the ACP-EC Partnership Agreement, also called the Cotonou Agreement. The Decision of the ACP-EC Council of Ministers stipulated that Timor-Leste would not have immediate access to the resources of the 9th European Development Fund (EDF), but would temporarily benefit from funds earmarked for regional cooperation.

The Council Decision did not take account of the fact that Timor-Leste will no longer qualify for development assistance provided under the Asia and Latin America (ALA) regulation, following ratification of the Cotonou Agreement. So far, Timor-Leste has not ratified the Cotonou Agreement.

Therefore, Article 2 of Decision No 1/2003 of the ACP-EC Council of Ministers of 16 May 2003 should be amended to state that Timor-Leste will benefit from the 9th EDF funds for the rest of the period covered by the 9th EDF.

Conclusion The Sub-Committee agreed that the proposals did not warrant any further scrutiny

5.1 COM (2004) 610 12 Proposal for a Council Decision adjusting the financial resources of the 9th European Development Fund further to the accession of the Democratic of Timor-Leste to the ACP-EC Partnership Agreement.

Lead Department Foreign Affairs Other Department(s) None

Lead Department Summary. On 16 May 2003, by Decision No 1/2003 of the ACP-EC Council of Ministers, Timor-Leste was accepted as a signatory to the ACP-EC Partnership Agreement, also called the Cotonou Agreement. The Decision of the ACP-EC Council of Ministers stipulated that Timor-Leste would not have immediate access to the resources of the 9th European Development Fund (EDF), but would temporarily benefit from funds earmarked for regional cooperation.

In order to enable Timor-Leste to ratify and become a full Party to the Cotonou Agreement, the Commission proposes to make funds available from the 9th EDF to meet the development needs of Timor-Leste until the successor to the 9th EDF enters into force. Article 1 of the Financial Protocol to the Cotonou Agreement sets out the overall amount of the Community’s financial assistance to the ACP states which originally signed the Agreement. Article 94(1) of the Cotonou Agreement states that the accession of a new State to the Agreement must not infringe upon the benefits enjoyed by the original signatories of the Agreement. Therefore, the Commission proposes that the Council adjust the overall amount of the Community’s financial assistance to the ACP States under the 9th EDF to allow Timor- Leste to benefit from EDF funds for the rest of the period covered by the 9th EDF.

To maintain the level of assistance to be committed for Timor-Leste in 2005 under the ALA Regulation, namely €9 million, the financial resources required to cover Timor-Leste’s development needs during the transition period until the successor to the 9th EDF enters into force are estimated at €18 million.

Conclusion The Sub-Committee agreed that the proposals did not warrant any further scrutiny

5.2 COM (2004) 615 Proposal for a Decision on the position to be taken in the Association Council 13 concerning the improvements of the trade arrangements for processed agricultural products provided for in Protocol 3 of the Europe Agreement with Romania

Lead Department Foreign Affairs Other Department(s) Agriculture and Food, Enterprise, Trade and Employment.

Lead Department Summary.

In October 2002, the Commission was authorised by the Council to enter into negotiations with Romania with a view to improving the trade arrangement for processed agricultural products in preparation for its accession as provided for in Protocol 3 of the Europe Agreement between the European Communities and Romania. The Council is now invited to adopt the proposal for a Council Decision on the position to be taken by the Community in the Association Council in order to implement the result of the negotiations between the Commission and Romania.

Conclusion The Sub-Committee agreed that this proposal did not warrant further scrutiny

5.3 COM (2004) 617 Proposal for a Council Decision on the conclusion of the Agreement for the period 1 14 July 2004 to 30 June 2007 concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided in the Agreement between the EC and the Republic of Côte d’Ivoire.

Lead Department Communications, Marine and Natural Resources Other Department(s) None

Lead Department Summary.

The protocol to the fisheries agreement between the European Community and the Republic of Cote d’Ivoire (Ivory Coast) expired on 30 June 2003 – an extension to it expired on 30 June 2004. The parties met in late 2003 and a new Protocol was initialled in March 2004. It covers the period 1 July 2004 to 30 June 2007. The main provisions are fishing opportunities on an annual basis ( Demersal vessels - 1300 Gross Tonnes (GT) per month averaged over the year, Tuna Seiners – 34 vessels, Longliners – 11 vessels and 3 pole-and-line tuna vessels). The EU financial contribution will be €1.065 million per year. Council is being asked to adopt this Decision which will allow for the provisional application of the new Protocol (in the form of an exchange of letters) pending its definitive entry into force by way of Council Regulation. (COM 619 refers)

Conclusion The Sub-Committee agreed that this proposal does not warrant further scrutiny

5.4 COM (2004) 619 Proposal for a Council Decision on the conclusion of the Agreement for the period 1 July 2004 to 30 June 2007 setting out the fishing opportunities and financial contribution

15 provided in the Agreement between the EC and the Republic of Côte d’Ivoire.

Lead Department Communications, Marine and Natural Resources. Other Department(s) None

Lead Department Summary.

The protocol to the fisheries agreement between the European Community and the Republic of Cote d’Ivoire (Ivory Coast) expired on 30 June 2003 – an extension to it expired on 30 June 2004. The parties met in late 2003 and a new Protocol was initialled in March 2004. It covers the period 1 July 2004 to 30 June 2007. The main provisions are fishing opportunities on an annual basis ( Demersal vessels - 1300 Gross Tonnes (GT) per month averaged over the year, Tuna Seiners – 34 vessels, Longliners – 11 vessels and 3 pole-and-line tuna vessels). The EU financial contribution will be €1.065 million per year. The purpose of this Regulation is to adopt this protocol. Council are being asked to adopt a Council Decision to allow for the provisional application of the new protocol pending its definite entry into force (See COM 617)

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

5.5 COM (2004) 618 Proposal for a Council Decision amending Decision 439/2000/EC of 29 June 2000 on a

16 financial contribution from the Community towards the expenditure incurred by certain Member States in collecting data, and for financing studies and pilot projects for carrying out the common fisheries policy.

Lead Department Communications, Marine and Natural Resources. Other Department(s) None

Lead Department Summary.

Under 439/2000/EC Member States may receive a financial contribution towards the expenditure incurred in collecting fisheries data and for financing studies and pilot projects for carrying out the Common Fisheries Policy (CFP). This decision is linked to Council Regulation (EC) No 1543/2000 which established a Community framework for the collection and management of the data needed to conduct the CFP. The purpose of this proposal is to adapt the application period of Decision (EC) No 439/2000 (from 2000-2005 to 2001-2006). This is required because of a delay in adopting the implementing rules for Council Regulation 1543/2000 which in turn has delayed the submission of Member States’ annual national programmes and expenditure forecasts. The reference amount (total forecast expenditure) has also been amended to reflect the realities of what has been spent since 2001, and revised forecasts for the remaining period (including for the new Member States).

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

5.6 COM (2004) 622

17 Proposal for a Council Regulation amending Regulation (EC) No. 88/98 as regards the extension of the trawling ban to Polish waters.

Lead Department Communications, Marine and Natural Resources. Other Department(s) None

Lead Department Summary.

The International Baltic Sea Fishery Commission has since 1991 banned fishing with trawls on the Oderbank Plateau (located in Baltic Sea near western Polish coastline). This was transposed into Community law by Article 8(3) of Council Regulation 88/98, for the waters then within the Community. The Regulation now needs to be amended to cover the part of the Oderbank Plateau that lies within Polish waters, following the accession of Poland to the European Union.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

18 5.7 COM (2004) 640

Proposal for a Council Regulation establishing a rebuilding plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation. Lead Department Department of Communications, Marine and Natural Resources. Other Department(s) None

Lead Department Summary.

The European Community is a contracting party to the Northwest Atlantic Fisheries Organisation (NAFO). The Greenland halibut fishery is the main fishery for EU fleets in NAFO and the EU has 55% of the quota in international NAFO waters. In June 2003 the scientific council of NAFO advised that the stock was in a poor state and that a reduction in fishing effort was necessary to rebuild the stock. At its annual meeting in September 2003 NAFO adopted a 15 year rebuilding plan for the stock. The purpose of this regulation is to implement the rebuilding plan on a mulitannual basis for the entire duration of the plan.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

19 5.8 COM (2004) 643 Proposal for signature and conclusion of the Agreement between the European Community and the Republic of San Marino providing for the taxation of savings income, and the approval and signature of the accompanying Memorandum of Understanding.

Lead Department Department of Finance Other Department(s) Revenue Commissioners

Lead Department Summary.

(a) The aim of the Directive on the Taxation of Savings income in the form of interest payments (Council Directive 2003/48/EC of 3 June 2003), is to enable savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident in another Member State to be made subject to effective taxation in accordance with the laws of the latter Member State. Implementation of the Directive is conditional on getting agreement with dependent and associated territories of the UK and the Netherlands to apply, from 1 July 2005, the same measures as set out in the Directive, and certain third counties (Switzerland, Andorra, Liechtenstein, Monaco and San Marino) to apply (from the same date) measures equivalent to those set out in the Directive. The Council authorised the Commission to negotiate with the Republic of San Marino an appropriate agreement for securing the adoption by the Republic of San Marino of measures equivalent to those to be applied within the Community to ensure effective taxation of savings income in the form of interest payments. These equivalent measures include (i) a withholding tax on interest payments made from San Marino to resident individuals of EU Member States and (ii) the exchange of information between San Marino and Member States on request in the case of tax fraud and the like. The Agreement commits San Marino to enter into bilateral negotiations with Member States in order to define individual categories of cases falling under “the like” in accordance with the taxation system of that State.

The Agreement will be between the European Community and the Republic of San Marino.

(b) The accompanying Memorandum of Understanding (MoU) with San Marino, which is a declaration of intent and is not legally binding, is to be signed by the Community and by each individual Member State and it is expected to be signed by the end of the year.

The Memorandum of Understanding commits the European Community and San Marino to consult if a serious discrepancy is discovered between the Agreement and the Savings Tax Directive 2003/48/EC of 3 June 2003. It commits the European Community to enter into discussions with other important financial centres with a view to promoting the adoption by those jurisdictions of measures equivalent to those in the Savings Tax Directive. The Memorandum also commits San Marino and the European Community to enter into consultations on reaching mutual recognition of the prudential measures and systems of the respective parties on financial services including insurance as San Marino wishes to be further integrated in the European economic environment. San Marino undertakes to adopt and 20 implement in the relevant business sectors the relevant existing and future “acquis communautaire” including the relevant prudential rules and the supervision of the San Marino operators concerned.

The Memorandum allows that consultations could take place between San Marino and Member States of the EU with the objective of eliminating or reducing, on a bilateral basis, double taxation in relation to different forms of income. It commits the European Community and San Marino to:

- enter into consultations to simplify the procedures laid down in their Agreement on Customs Union and Cooperation; and - to explore the possibilities of nationals and enterprises from San Marino participating in Community research and development programmes.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

21 5.9 COM (2004) 666 Proposal for a Decision of the European Parliament and of the Council on the revision of the Financial Perspective in Annex 1 of the Inter-institutional Agreement of 9 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure.

Lead Department Finance Other Department(s) Department of Foreign Affairs and Department of Agriculture

Lead Department Summary.

The aim of the proposal is to simply amend the financial perspective to provide for the transfer of money from Heading 1A (Direct Payments and Market Measures) to Heading 1B (Rural Development) and also to transfer money from Heading 2B (Cohesion Fund) to Heading 2A (Structural Funds) to allow for the continued implementation of the PEACE II programme

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny, but that they be forwarded to the Committee on European Affairs for information. In addition, they agreed that the Department be requested to inform the Committee of any additional developments in relation to the proposed measures (The Department had sent a series of updated notes on the proposed measure, as the negotiations on the proposal were on- going).

22 5.10 COM (2004) 631 Amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds concerning the extension of the duration of the PEACE programme and the granting of new commitment appropriations. Lead Department Department of Finance Other Department(s) Environment, Heritage & Local Government; Education & Science; Communications, Marine & Natural Resources; Community, Rural & Gaeltacht Affairs; Foreign Affairs.

Lead Department Summary.

The EU Programme for Peace & Reconciliation (PEACE II) is to promote peace and reconciliation and help to build a more peaceful and stable society in Northern Ireland and the six Southern Bordering counties (Donegal, Sligo, Leitrim, Cavan, Monaghan and Louth). The PEACE II programme received funding for a five year period because this had been the period of the first peace programme and because when it was agreed in 1998/99 it was expected that a further five years of funding would be sufficient to help embed the peace process and the new political institutions established by the Good Friday Agreement. However political institutions have been suspended since October 2002 and tension and mistrust between communities has persisted. For these reasons an extension to programme was sought by the UK and Irish Government for a further two years to 2007. This will bring it into line with the life span of other structural fund programmes.

23 5.11 SEC (2004) 1235 AMENDING LETTER 1 TO THE PRELIMINARY DRAFT BUDGET FOR 2005 GENERAL STATEMENT OF REVENUE Lead Department Department of Finance Other Department(s) None

Lead Department Summary.

Under the Financial Regulation, the Commission may amend its Preliminary Draft Budget in the light of changed circumstances and new information. The main changes provides for:

 additional appropriations for Northern Cyprus (€114m) under Heading 7 of the Financial Perspective which covers pre-accession strategy  additional appropriations for Croatia (€105m), also under Heading 7 but this will reduce expenditure in Heading 4 – external actions – by €65m. A net increase in the PDB of €40m overall.  The extension of the PEACE II programme to cover 2005 and 2006. This amending letter proposes that €60m be made available in commitment appropriations.  The proposal for the Community Research and Development Information Service to move from DG Enterprise to the Publications Office. This involves the transfer of 18 staff and €1.965m in appropriations.

A number of other more minor proposals are included such as the creation of a budget line to allow for the accession of the EU to the International Convention for the Protection of New Varieties of Plants, the increase in revenue arising from Switzerland’s association with the application of the Schengen agreement and Eurodac and some technical corrections to budget line remarks.

24 5.12 COM (2004) 733 Proposal for a Council Decision concerning the signature and conclusion of the Agreement between the European Community and the Principality of Monaco providing for the taxation of savings income.

Lead Department Department of Finance. Other Department(s) Office of the Revenue Commissioners.

Lead Department Summary.

(a) The aim of the Directive on the Taxation of Savings income in the form of interest payments (Council Directive 2003/48/EC of 3 June 2003), is to enable savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident in another Member State to be made subject to effective taxation in accordance with the laws of the latter Member State. Implementation of the Directive is conditional on getting agreement with dependent and associated territories of the UK and the Netherlands to apply, from 1 July 2005, the same measures as set out in the Directive, and certain third counties (Switzerland, Andorra, Liechtenstein, Monaco and San Marino) to apply (from the same date) measures equivalent to those set out in the Directive. The Council authorised the Commission to negotiate with the Principality of Monaco an appropriate agreement for securing the adoption by the Principality of Monaco of measures equivalent to those to be applied within the Community to ensure effective taxation of savings income in the form of interest payments. These equivalent measures include (i) a withholding tax on interest payments made from Monaco to resident individuals of EU Member States and (ii) the exchange of information between Monaco and Member States on request in the case of tax fraud with regard to the taxation of savings income in the form of interest payments.

The Agreement will be between the European Community and the Principality of Monaco.

(b) The accompanying Memorandum of Understanding (MoU), which is a declaration of intent and is not legally binding, will be between the European Community and the Principality of Monaco. It is expected to be signed by the European Community and Monaco in December 2004. The Memorandum of Understanding commits the European Community and Monaco to:  consult if any significant difference between the Directive on the Taxation of Savings Income and the Agreement is discovered or if the exchange of information is not applied in a fair manner; and  to examine the conditions conducive to the development of trade between Monaco and the Community in certain financial instruments and insurance services once it has been established that prudential rules and supervisory measures applicable to the Monegasque operators concerned are such as to guarantee the smooth operation of the Internal Market in the sectors in question. Any possible agreement would have to be

25 based on the adoption and application by Monaco of the present and future Community acquis in the sectors in question.

The European Community and Monaco note that the definition of tax fraud under the Agreement between the European Community and Monaco providing for measures equivalent to those in the Savings Tax Directive is solely for the relevant purpose of the taxation of savings.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny, but that it be forwarded to the Committee on Finance for information in relation to the Memorandum of Understanding.

26 5.13 COM (2004) 685 Proposal for a Council Regulation amending Regulation (EC) No. 2340/2002 and Regulation (EC) No. 2347/2002 concerning fishing opportunities for deep sea species for the Member States which acceded in 2004. Lead Department Department of Communications, Marine and Natural Resources. Other Department(s) None

Lead Department Summary.

Total Allowable Catches (TACs) and Quotas for deep sea species were established in 2002 (Regulation 2340/2002), for the years 2003 & 2004 following scientific advice that these stocks required conservation measures. Council also established a limit on size of fleets (power and capacity ceilings) permitted to land significant amounts of deep sea species. Fishing opportunities for deep sea species need to be determined for the new Member States using the same methodology as was used when deciding the opportunities in 2002 (using catch data for each species and each area over a reference period of 10 years). Also, the fleet size level needs to be determined for the new States using the same method as 2002 (the size of the fleet which fished for these species during the period 2000-2002). This proposal fixes both quotas and fleet size levels for the acceding Member States for 2004. Catches for the period 1 January to 1 May 2004 (i.e prior to accession) will count against the quotas.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

5.14 Now item 6.2- An adopted measure 5.15 Now item 6.3- An adopted measure 5.16 Now item 6.4- An adopted measure 5.17 Now item 6.5- An adopted measure

27 5.18COM (2004) 710 Proposal for a Council Regulation amending Regulation (EC) 1782/2003 concerning the common rules for direct support schemes under the Common Agricultural Policy. Lead Department Department of Agriculture and Food Other Department(s) None

Lead Department Summary.

The Austrian regions of Mittelberg and Jungholz are accessible by road only from Germany. Heretofore, milk marketed by producers in the two regions has been included under the reference quantities (milk quota) allocated to Germany.

As part of the Mid-term Review of the Common Agricultural Policy, Council Regulation 1782/2003 introduced a direct payment in the dairy sector, beginning in 2004, which is based on the individual reference quantities in each Member State. As the direct payments to producers in Mittelberg and Jungholz will be administered by the Austrian authorities, it is no longer practical to include the milk deliveries in the reference quantities for Germany. The technical adjustments proposed to Regulations 1782/2003 and 1788/2003 will include milk deliveries from the two regions in the reference quantities allocated to Austria rather than to Germany. The changes will enable Austria to make the direct payments due from 2005. By way of derogation, the proposal authorises Germany to administer the new dairy premium in the two regions for payments due in 2004.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

28 5.19 SEC (2004) 1234 PRELIMINARY DRAFT AMENDING BUDGET No 11 TO THE BUDGET FOR 2004 Lead Department Department of Finance Other Department(s) None

Lead Department Summary.

The Structural Funds programme for 2000 to 2006 has suffered from lower than expected implementation rates over the last few years and has been the main reason for surpluses. However, implementation of payment appropriations has been running at a much higher level this year than the two previous years. By 30 September 2004, payments had reached €21bn (75% of available appropriations) versus €14.3bn for the same period in 2003. However, while there is 25% of the budget left with a quarter of the year to go, attention has to be paid to the major end of year bias that is normally observed. Normally 40% plus can be expected to be paid out in the last three months. Based on extra work done by the Commission in relation to forecasts, they are now calling for an additional €3.4bn in payment appropriations. However, the Commission has warned that this figure could change as additional information comes in. The most notable development is the closure of 2004 payment applications from Member States at the end of October. Under the Structural Funds Regulations, Member States are supposed to submit their final claims for a given year by the end of October and the Commission is required by the regulation to process claims within 60 days. In practice, many claims require further information and the Commission will often process claims received after that deadline if the administrative and financial resources are available.

In order to pay for the additional €3.4bn now on the table, the Commission has identified available surpluses of €1.1bn in Agriculture and an additional €1.3bn in revenue from Traditional Own Resources (Customs Duties and Agricultural Levies). This leaves an additional €1bn to be funded from additional contributions from Member States.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

29 5.20SEC (2004) 1324 AMENDING LETTER 3 TO THE PRELIMINARY DRAFT BUDGET FOR 2005 GENERAL STATEMENT OF REVENUE

Lead Department Department of Finance Other Department(s) Agriculture

Lead Department Summary.

Under the Financial Regulation, the Commission may amend its Preliminary Draft Budget in the light of changed circumstances and new information. This amending letter, which is required under the Inter-institutional Agreement, covers the latest information in relation to expenditure required to finance the Common Agricultural Policy in 2005 and the amount required for international fisheries agreements. The net result is that the Commission believes that the PDB overstated the needs for CAP by €224m, while the amount for international fisheries agreements has turned out to be sufficient. The euro/dollar exchange rate is now based on €1.22 to t he dollar versus €1.25 at the time of the PDB. This reduces costs to the budget in relation to cereals, sugar and cotton. Normally, a move of 1 cent means about €20m. The rest of the changes come from market developments to a large extent. These include higher than expected cereals production (offsetting the effect of the lower dollar), favourable conditions in the milk and milk products sectors, lower sugar prices (in addition to the lower dollar) and a decrease in olive oil production.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

30 5.21SEC (2004) 1346

AMENDING LETTER 2 TO THE PRELIMINARY DRAFT BUDGET FOR 2005 GENERAL STATEMENT OF REVENUE

Lead Department Finance Other Department(s) None

Lead Department Summary.

Under the Financial Regulation, the Commission may amend its Preliminary Draft Budget in the light of changed circumstances and new information. This amending letter covers the following elements:

 The establishment of an Executive Agency for Education and Culture.  The establishement of an Executive Agency for the Public Health Programme  The establishment of a Supervisory Authority for the European Global Navigation Satellite System  An addition to the budget remarks for the decentralized Agencies aimed at facilitating the repayment of surpluses  An additional to the budget remarks for the European Security Research budget line to allow for contributions from EFTA States.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

31 5.22 COM (2004) 632 Proposal for a Council Regulation concerning Community financial contributions to the international Fund for Ireland (2005-2006).

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

Lead Department Summary.

The European Community has made a financial contribution to the work of the International Fund for Ireland since 1989. This Draft Council Regulation is proposing that funding be continued for the years 2005 and 2006 at its current rate of €15 million per annum.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny, but that it be forwarded to the Committee on European Affairs for information in the context of the EU’s support and of the Committee’s stated interest in the associated PEACE Programme.

32 5.23 COM (2004) 652 Proposal for a Council Regulation amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)

Lead Department Department of Agriculture and Food Other Department(s) None

Lead Department Summary.

Council Regulation 1257/1999 sets out the framework for rural development support for the 2000-2006 period. It includes support for agri-environment measures at a maximum co-financing rate of 85% in Objective 1 regions. The specific provisions for those Member States joining on 1 May 2004, however, specify a maximum co-financing rate of 80% in Objective 1 regions. The proposal is to bring the two rates into line – a maximum rate of 85% in all Objective 1 regions, with effect from 1 May 2004 in order to ensure a consistent approach in all Member States.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

33 5.24 COM (2004) 689 Proposal for a Council Decision fixing the financial contributions to be paid by the Member States contributing to the European Development Fund (first instalment for 2005)

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

Lead Department Summary.

Since the entry into force of the Financial Regulation for the 9th European Development Fund (EDF) the Council decides, on a proposal from the Commission, on each of the three instalments to be paid by the Member States. In the case of the 9th EDF instruments managed by the EIB, the Member States pay their contributions directly to the EIB. The contributions for other instruments are paid to the Commission.

This proposal concerns the first instalment of contributions for 2005. Under Article 38(2) of the 9th EDF Financial Regulation, the schedule decided for this instalment is as follows: (1) the Commission presents its proposal by 15 October at the latest, with the communication containing a statement of the payments to be made in the following financial year and the schedule of calls for contributions; (2) the Council decides on the instalment by the end of the year; (3) the Member States pay the contributions due under this instalment by 21 January 2005.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

34 5.25 COM (2004) 741 Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China

Lead Department Department of Enterprise Trade and Employment.

Other Department(s) None

Lead Department Summary.

Anti-dumping measures were imposed in January 1997. An expiry review was initiated in January 2002. The main production is in Germany, Austria, and Italy. Community industry has restructured after several bankruptcies but is still under threat from dumped imports. China has significant spare capacity and past behaviour indicates increased dumping if measures expire. The aim of the proposal is to maintain the current anti-dumping measures.

Conclusion The Sub-Committee agreed that the proposal did not warrant further scrutiny.

35 5.26 COM (2004) 671 Proposal for a Council Regulation adopting autonomous and transitional measures to open a Community tariff quota for certain agricultural products originating in Switzerland Lead Department Department of Agriculture and Food Other Department(s) Department of Foreign Affairs

Lead Department Summary.

Prior to their accession to the EU, the 10 new Member States had negotiated preferential trade arrangements for imports of certain products from the Swiss Confederation. Following accession, the EU and the Swiss Confederation agreed that these trade concessions would continue. In this context, new tariff concessions were agreed for the EU including the widening of an existing duty free tariff quota to cover imports of product under CN Code 0705 2100 (Witloof Chicory). The new arrangements will be adopted through formal amendment of the Agreement between the EU and the Swiss Confederation. As this process will take some time, it is proposed to implement the new arrangement on an autonomous and transitional basis from 1 May 2004. The Regulation will be repealed once formal amendment of the EU/Swiss Confederation Agreement has taken place.

Conclusion The Sub-Committee agreed that the proposal does not warrant further scrutiny.

36 5.27 COM (2004) 677 Proposal for a Council Decision to establish a Joint Consultative Committee comprised of local and regional authorities from Romania and the EU.

Lead Department Foreign Affairs Other Department(s) Environment and Local Government

Lead Department Summary.

This proposal arises from a Romanian request for a Joint Consultative Committee which would constitute a forum for dialogue and cooperation and allow for interaction between local and regional authorities in Romania and in the European Community. This is seen as a procedural proposal which aims at allowing Romania to get an introduction to those institutional structures of the EU dealing with regional and local representation, i.e. the Committee of the Regions at an early stage. It was used in previous EU accession applications and a Joint Consultative Committee already exists for Bulgaria.

Conclusion The Sub-Committee agreed that the proposal does not warrant further scrutiny, but that it be forwarded to the Committee on the Environment and Local Government for information.

37 5.28 COM (2004) 729 Proposal for Council Decisions concerning the signing of Framework Agreements on the general principles for the participation in Community programmes by the following countries: Albania; Bosnia and Herzegovina; the Republic of Croatia; FYROM; and Serbia and Montenegro. Lead Department Foreign Affairs Other Department(s) None

Lead Department Summary.

The "Thessaloniki Agenda for the Western Balkans: moving towards European integration", endorsed at the European Council on 20 June 2003, confirmed the European prospects of the Western Balkan countries participating in the Stabilisation and Association Process (SAP). To give them a practical and operational foothold in the EU, the Agenda provides for Community programmes to be opened up to the relevant countries along the lines established for the participation of candidate countries.

In its communication of 3 December 2003 entitled “Preparing for the participation of the Western Balkan countries in Community programmes and agencies”, the Commission advocated following the approach taken previously with Cyprus, Malta and Turkey in negotiations with Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, and Serbia and Montenegro of framework agreements laying down the general principles governing each country’s participation in Community programmes. In the case of Croatia and the former Yugoslav Republic of Macedonia, the framework agreement will be an integral part of their Stabilisation and Association Agreements (SAA). Negotiations of a similar agreement with Albania are continuing.

Following authorisation from the Council, the Commission negotiated these draft framework agreements and they are now put before the Council for adoption.

Conclusion The Sub-Committee agreed to defer consideration of the proposal.

38 5.29 COM (2004) 634 Proposal for a Regulation of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC Lead Department Environment, Heritage and Local Government Other Department(s) None

Lead Department Summary.

The draft Regulation proposes to require the establishment of an EU-wide Pollutant Release and Transfer Register (E-PRTR), to accord with the requirements of the UNECE Protocol on Pollutant Release and Transfer Registers which was signed by the Community and Member States (other than Malta and Slovakia) at Kiev in May 2003. The establishment of such a register on a structured, computerised and publicly accessible database compiled through standardised reporting is one of the obligations of the UNECE Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters.

The proposed E-PRTR will replace in 2009, in an expanded and enhanced form, the web-based European Pollution Emission Register (EPER) which became operational on 23 February 2004. The EPER was established on foot of Commission Decision 2000/479/EC of 17 July 2000, implementing Article15(3) of Directive 96/61/EC on integrated pollution prevention and control. The main improvements to EPER under the E-PRTR will include:

o a broader range of substances to be reported upon (over 90 instead of 50, including CO2, the principal greenhouse gas), o offsite transfers of waste (hazardous and non-hazardous) to be included, o inclusion of data on releases to land and releases from diffuse sources, o the volume of pollutant emissions to be specified.

The E-PRTR will also include 65 activities rather than the 56 covered by the EPER (including municipal wastewater treatment plants, manufacture of coal products and smokeless coal, shipbuilding and aquaculture). Where the EPER currently covers activities that are not within in the scope of Protocol on PRTRs, these activities will continue to be reported on in the E-PRTR.

39 Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny, but that they be forwarded to the Committee on the Environment and Local Government for information.

40 5.30 COM (2004) 635 Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers

Lead Department Environment, Heritage and Local Government Other Department(s) None

Lead Department Summary.

The draft Council Decision proposes that the European Community ratifies the UNECE Protocol on Pollutant Release and Transfer Registers which was signed by the Community and Member States (other than Malta and Slovakia) at Kiev in May 2003. The proposal is a technical issue arising subsequent to the adoption of the proposed Regulation concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (see report in respect of COM (2004) 634 Final).

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny, but that they be forwarded to the Committee on the Environment and Local Government for information.

5.31 Now item 6.6- An Adopted measure

41 5.32 COM (2004) 680 Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning recipirocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement.

Lead Department Agriculture and Food Other Department(s) Foreign Affairs

Lead Department Summary.

The EC and the Palestinian Authority are proposing to further liberalise trade in agricultural products under the Association Agreement that has been in force since 1 July 1997. The objective of this proposal is to seek Council approval for the replacement of Protocol 1 (conditions for imports of Palestinian honey, cut flowers, fruit and vegetables) and Protocol 2 (conditions for exports of EC live bovines, beef and liver, cheese and curd, eggs for hatching, flour and animal feedingstuff inputs) of the Interim Association Agreement. The proposed new arrangements will facilitate an increase in trade through simplification of customs procedures and reductions in tariff levels.

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny, but that they be forwarded to the Committee on European Affairs for information in the context of Euro-Med Agreement

42 5.33 COM (2004) 743 Proposal for a Council Regulation adjusting, from 1 July 2004, the rate of contribution to the pension scheme of officials and other servants of the European Communities and, from 1 January 2005, the interest rate used for transfers between the Community Scheme and national schemes (see summary note at paragraph 9 below).

Lead Department Finance Other Department(s) Foreign Affairs

Lead Department Summary.

The staff Regulations provide that the pension scheme shall be kept in actuarial balance and, to this end, the Council shall decide on the appropriate rate of contribution and any change to the pensionable age. Following a five year actuarial assessment, it si now proposed to increase the staff’s rate of pension contribution to 9.75% with effect from 1 July 2004.

It is also proposed to increase the rate of interest, which is to apply in the case where an official of the EC institutions resumes active employment with a Community institution and where repayment of the severance grant previously paid to the official is to be made. The proposed rate is to be adjusted to 3.9%, with effect from 1st January 2005.

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny.

43 5.34 COM (2004) 717 Proposal for a COUNCIL DECISION on trade in certain steel products between the European Community and the Republic of Kazakhstan

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

Lead Department Summary.

The Partnership and Cooperation Agreement between the EU and Kazakhstan provides that trade in certain steel products shall be the subject of a specific Agreement on quantitative arrangements. The current bilateral Agreement between the EU and Kazakhstan on trade for certain steel products will expire on 31 December 2004. Preliminary discussions between the EU and Kazakhstan indicate that both have the intention to conclude a new Agreement for 2005 and subsequent years. Pending the conclusion and entry into force of the new Agreement, autonomous measures fixing quantitative limits for the year 2005 are necessary. It is considered appropriate to set the quantitative limits for 2005 at the same level as for 2004, while adjusting for EU enlargement. This Council Decision will be automatically repealed when the new Agreement enters into force.

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny.

44 5.35 COM (2004) 720 Proposal for a COUNCIL DECISION on trade in certain steel products between the European Community and Ukraine

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

Lead Department Summary.

The Partnership and Cooperation Agreement between the EU and Ukraine provides that trade in some steel products shall be the subject of a specific Agreement on quantitative arrangements. The previous bilateral Agreement between the EU and Ukraine on trade for certain steel products expired on 31 December 2001. In the absence of an Agreement, autonomous measures fixing quantitative limits on the imports of certain steel products were taken for 2002, 2003 and 2004. However, preliminary discussions between the Parties indicate that both have the intention to conclude a new Agreement for 2005 and subsequent years.

Pending the conclusion and entry into force of the new Agreement, autonomous measures fixing quantitative limits for 2005 are necessary. It is appropriate to set the quantitative limits for the year 2005 at the same level as for 2004 while taking into account the EU enlargement fully. This Council Decision will be automatically repealed when the new Agreement enters into force.

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny but that the Department is to be requested to inform the Committee of developments in relation to this proposal in the context of recent developments in the Ukraine.

45 5.36 COM (2004) 722 Proposal for a COUNCIL DECISION on trade in certain steel products between the European Community and the Russian Federation

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

Lead Department Summary.

The Partnership and Cooperation Agreement between the EU and the Russian Federation provides that trade in some steel products shall be the subject of a specific Agreement on quantitative arrangements. The current bilateral Agreement between the EU and Ukraine on trade for certain steel products will expire on 31 December 2004. Preliminary discussions between the Parties indicate that both have the intention to conclude a new Agreement for 2005 and subsequent years.

Conclusion The Sub-Committee agreed that the proposals did not warrant further scrutiny.

46 Section 6. Adopted Measures.

6.1 COM (2004) 596 Proposal for a signature and conclusion of a Protocol to the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons.

Lead Department Enterprise, Trade and Employment Other Department(s) Justice, Equality and Law Reform and Department of Foreign Affairs.

Lead Department Summary.

The proposal amends the Agreement between the EC Member States and the Swiss Confederation on the free movement of persons, to allow for the accession of the ten new Member States as Contracting Parties. The original Agreement entered into force on 1 June 2002.

Following the authorisation given to the Commission on 5 May 2003, negotiations on a Protocol were held with the Swiss Confederation for the adaptation of the Agreement. The main points of negotiations were concluded on 19 May 2004, on the occasion of the EU-Swiss Summit.

Conclusion The Sub-Committee agreed to note the measure.

47 6.2 COM (2004) 688 Proposal to extend the anti-dumping measures imposed in respect of imports of tube or pipe-fittings originating in the People’s Republic of China to imports consigned from Indonesia.

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

Lead Department Summary.

Anti-dumping measures were imposed in 2003. In March 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of the product originating in China by imports consigned from Indonesia. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. In 2002 imports commenced from Indonesia and the investigation found that the change in the pattern of trade stemmed from the existence of duties. The purpose of the proposal is to extend measures to imports of the product concerned consigned from Indonesia.

Conclusion The Sub-Committee agreed to note the measure

48 6.3 COM (2004) 691 Proposal to extend the anti-dumping measures imposed in respect of imports of tube or pipe-fittings originating in the People’s Republic of China to imports consigned from Sri Lanka. Lead Department Enterprise, Trade and Employment Other Department(s) None

Lead Department Summary.

Anti-dumping measures were imposed in 2003. In March 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of the product originating in China by imports consigned from Sri Lanka. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. The investigation found that the change in the pattern of trade stemmed from the existence of duties. The purpose of the proposal is to extend measures to imports of the product concerned consigned from Sri Lanka

Conclusion The Sub-Committee agreed to note the measure

49 6.4 COM (2004) 703 Proposal to extend the anti-dumping measures imposed in respect of imports of PET film originating in, among other places, India to imports consigned from Brazil or Israel. Lead Department Enterprise, Trade and Employment Other Department(s) None

Lead Department Summary.

Anti-dumping measures were imposed in 2001. In February 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of PET film originating in India by imports of PET film consigned from Brazil and Israel. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. With the exception of two companies (one in Brazil and one in Israel) it was found that imports increased through Brazil and Israel in order to avoid the measures imposed. The purpose of the proposal is to extend measures to imports of PET film consigned from Brazil and from Israel with the exception of two named companies.

Conclusion The Sub-Committee agreed to note the measure

50 6.5 COM (2004) 704 Proposal to extend anti-subsidy measures in respect of imports of PET film originating in, among other places, India to imports consigned from Brazil or Israel. Lead Department Enterprise, Trade and Employment Other Department(s) None

Lead Department Summary.

Anti-subsidy measures were imposed in 1999. In February 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of PET film originating in India by imports of PET film consigned from Brazil and Israel. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. With the exception of two companies (one in Brazil and one in Israel) it was found that imports increased through Brazil and Israel in order to avoid the measures imposed. The purpose of the proposal is to extend measures to imports of PET film consigned from Brazil and from Israel with the exception of two named companies.

Conclusion The Sub-Committee agreed to note the measure

51 6.6 COM (2004) 665 Proposal for a Council Decision establishing the Community position with respect to the prolongation of the International Agreement on Olive Oil and Table Olives, 1986 Lead Department Agriculture and food. Other Department(s) None

Lead Department Summary.

Conclusion The Sub-Committee agreed to note the measure.

52 6.7 COM (2004) 714 Proposal for Council Decision on the Community position on Decision No 2/2004 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment of Appendices 1,2,3,4,5,6 and 11 of Annex 11 to the Agreement. Lead Department Agriculture and food. Other Department(s) Communications, Marine and Natural Resources.

Lead Department Summary.

Under the EU/Swiss Confederation Agreement on trade in agricultural products, a Joint Veterinary Committee is established to deal with veterinary matters. The proposal sets out the Community position to be taken in the Joint Veterinary Committee on the decision to amend and update the veterinary aspects of the Agreement between the EU and Switzerland.

Conclusion The Sub-Committee agreed to note the measure.

53 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, 54 (IV) any proposal for a common position, framework decision, decision or a convention under Title VI of the Treaty on 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. 55 (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 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.’.”

57 1.1 Com (2004) 599 - Information Note

1. Proposal

The proposal aims to introduce measures to ensure that all medicinal products are fully adapted for the needs of children.

2. Title

Proposal for a Regulation of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/83/EC and Regulation (EC) No 726/2004

3. Date of Council document

25 October 2004

4. Number of Council Document

13880/04

5. Number of Commission Document

COM ( 2004 ) 599 final

6. Dealt with in Brussels by

Working Group on Pharmaceuticals and Medical Devices

7. Department with Primary Responsibility

Department of Health and Children

8. Other Departments involved

No other Departments are involved.

9. Short summary and aim of the proposal

The paediatric population is a vulnerable group with developmental, physiological and psychological differences from adults, which makes age and development related research into medicinal products particularly important. In contrast to the situation with regard to adults, more than 50% of the medicines used to treat children have not been tested for use in children.

o to increase the development of medicines for use in children

o to ensure that medicines used to treat children are subject to high quality research

o to ensure that medicines used to treat children are appropriately authorised for use in children

o to improve the information available on the use of medicines in children

o to achieve these objectives without subjecting children to unnecessary clinical trials and in full compliance with the EU Clinical Trials Directive.

10. Legal Basis of the Proposal

Article 95 of the Treaty establishing the EC.

11. Voting Method

Qualified Majority Voting

12. Role of the EP

Co - decision

13. Category of Proposal

Significant

14. Assessment of the Proposal

This Department would, in principle, be supportive of any measure aiming to improve the health of children.

An extended impact assessment of this proposal was carried out by the European Commission with the assistance of an independent consultancy. In general the proposal, which consists of both incentives and obligations, appears to be very finely balanced and is likely to stimulate greater efforts by the industry with regard to the development of medicinal products for children.

The proposal is being examined by the Working Party on Pharmaceuticals and Medical Devices (within the Council) which Ireland will participate in.

15. Proposed implementation period 59 The Regulation has been drafted with a view to its coming into force in 2007.

16. Consequences for national legislation

The Regulation is directly applicable.

17. Consequences for the EU budget in euros annually

Average costs initially estimated at € 3.5m rising to € 5m after six years.

18. Contact details for official in Department with primary responsibility

Mr Eamon Corcoran, Principal Officer. Tel. 01 - 6354792. Fax: 01 - 6354552 E – mail : [email protected]

60 1.2 COM (2004) 621 - Information Note

1. Proposal For a Regulation concerning the Financial Instrument for the Environment (LIFE Plus)

2. Full Title of Proposal Proposal for a Regulation of the European Parliament and of the Council concerning the Financial Instrument for the Environment (LIFE +).

3. Date of Council document 5/10/2004

4. Number of Council document 13071/04, ENV 528, CADREFIN 60, FORETS 31, CODEC 1080

5. Number of Commission document: COM(2004) 621 final

6. Dealt with in Brussels by Environment Council and Working Party on the Environment

7. Department with primary responsibility Department of the Environment, Heritage and Local Government

8. Other Departments involved None

9. Short summary and aim of the proposal The current LIFE Programme (LIFE Nature, LIFE Environment and LIFE Third Countries) will run in its present form until 31 December 2006 and is to be succeeded by LIFE Plus. The Financial Perspectives 2007-2013 indicate that LIFE Plus will be the dedicated financial instrument in support of environment policy. LIFE+ is intended to support the priorities of the 6th Environment Action Programme (2002-2012) which are to combat climate change, to halt the decline in bio-diversity, to minimise negative environmental effects on human health, and to deal with natural resources and waste in sustainable ways. Two strands are envisaged:

Implementation and Governance – to consolidate the knowledge base and help Member States get better and quicker results in applying EU environment policy.

Information and Communication – to raise environmental awareness and share best practices.

10. Legal basis of the proposal 61 Article 175

11. Voting Method QMV

12. Role of the EP Co-decision

13. Category of proposal No major significance.

14. Implications for Ireland LIFE Plus will involve changes in administrative procedures and processes as well as some changes in the scope of the Programme. It is not anticipated that Ireland will be disadvantaged by these changes.

15. Anticipated negotiating period 2004-2006

16. Proposed implementation date 1 January 2007.

17. Consequences for national legislation None.

18. Method of Transposition into Irish Law Directly applicable.

19. Anticipated Transposition date 2006

20. Consequences for the EU budget in euros annually €300 million annually.

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

Michael McKenna, Assistant Principal Officer Environment Awareness Section 01-8882906 [email protected]

October 2004

63 1.3 COM(2004) 654 final - Information Note

1. Proposal: Proposal for a Directive on market access to port services

2. Title: Proposal for a Directive of the European Parliament and of the Council on market access to port services

3. Date of Council document: 18/10/2004

4. Number of Council document: 2002/0240 (COD) 13681/04 MAR 178 CODEC 1135

5. Number of Commission document: COM (2004) 654

6. Dealt with in Brussels by: Transport, Telecommunications and Energy Council Shipping Working Party

7. Department with Primary responsibilities: Department of Communications Marine and Natural Resources.

8. Other Departments involved: Department of Transport, in respect of Rosslare Harbour.

9. Short summary and aim of the proposal: The aim of the proposal is to establish a Community legal framework ensuring, on the one hand, access to the port services market in application of the EC treaty rules, whilst, on the other hand, allowing Member States and their competent authorities to fill in this framework with specific rules which take due account of the ports’ geographic and other characteristics as well as of local, regional or national specificities. The proposed Directive applies to ports with average annual maritime traffic volume of not less than 1.5 million tonnes of freight and/or 200,000 passengers. Two main issues are addressed by the proposal are intra-port competition and inter-port competition.

Intra-port competition The port services covered are cargo handling operations, passenger services and the technical- nautical services of pilotage, towing and mooring. Within a certain timeframe following the entry into force of the proposed Directive all providers of port services in a port have to operate on the basis of an authorisation granted by a competent authority. The criteria for granting authorisations must be objective, transparent, non-discriminatory, relevant and proportional, and must be made public. The proposed Directive also contains specific 64 provisions regarding limitation of the number of service providers, the independence of the competent authority, the duration of authorisations, self-handling and the service of pilotage.

10. Legal Basis of the Proposal: Article 80 (2) of the Treaty establishing the European Community.

11. Voting Method: QMV.

12. Role of the EP: Co-decision.

13. Category of proposal: Some significance.

14. Implications for Ireland: The proposed framework would apply to the ports in Ireland which handle most of the country’s maritime freight and passenger traffic. With the exception of Rosslare Harbour, which is under the control of Iarnród Éireann, the ports concerned are under the control of State companies established under the Harbours Acts 1996 and 2000. The market liberalisation aims of the proposed Directive are in line with policy in relation to the ports sector generally which is to ensure the provision of efficient port services within a competitive environment.

15. Anticipated negotiated period: Not known.

16. Proposed implementation date: The proposed Directive would enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

17. Consequences for national legislation: Implementation of the proposed Directive in Ireland would require new national legislation to be made.

18. Method of Transposition into Irish law Subject to advice from the Attorney General, it is intended to transpose the proposed Directive into Irish law by means of statutory instrument.

65 19. Anticipated Transposition date Not known. Member States would have to bring into force the laws, regulations and administrative provisions necessary to comply with the proposed Directive no later than 18 months from the date of its entry into force.

20. Consequences for the EU budget in euros annually: None.

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

Patrick McHale Maritime Transport Division Tel: 678 22 71 [email protected]

Date 11 November 2004.

66 1.4 Com 606 (2004) - Information Note

1. Proposal Amendment to the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive

2. Full Title of Proposal Proposal for a COUNCIL DECISION amending Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 for the purposes of establishing the maximum concentration values for certain hazardous substances in electrical and electronic equipment

3. Date of Council document 29 September 2004

4. Number of Council document 12610/04, ENT 124, ENV 514

5. Number of Commission document: COM(2004) 606 final

6. Dealt with in Brussels by EU Council of Environment Ministers

European Commission’s Working Party on the Environment

European Commission’s Committee for the Adaptation to Scientific and Technical Progress of EC-Legislation on Waste

7. Department with primary responsibility Department of the Environment, Heritage and Local Government

8. Other Departments involved Department of Enterprise, Trade and Employment

9. Short summary and aim of the proposal To permit maximum concentration levels of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) in electrical and electronic equipment (EEE) as it is not possible to achieve a total avoidance of these metals in the manufacture of EEE.

10. Legal basis of the proposal Article 95(1) of the Treaty establishing the Single Market.

11. Voting Method

67 QMV

12. Role of the EP The proposal is not for co-decision. Therefore the European Parliament will not consider the matter.

13. Category of proposal Purely technical

14. Implications for Ireland Will be welcomed by the electrical and electronic manufacturing sector as the proposed amendment will provide clarity when designing production / manufacturing processes.

15. Anticipated negotiating period Likely to be adopted by end December 2004.

16. Proposed implementation date 1 July 2006

17. Consequences for national legislation Proposed regulations under development for the purposes of transposing the RoHS Directive will require amendment.

18. Method of Transposition into Irish Law Primary and Secondary Legislation

19. Anticipated Transposition date January/February 2005

20. Consequences for the EU budget in euros annually None

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

Seán O’Súilleabháin

Telephone: (01) 888 2741 Fax: (01) 888 2994 Email: sean_o’[email protected]

Date: October 2004

68 1.5 Com 650(2004) - Information Note

1. Proposal

A proposal intended to adapt Directive 95/2/EC on food additives other than colours and sweeteners, in light of recent technical and scientific developments.

2. Title

Proposal for a Directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs.

3. Date of Council document

14/10/2004

4. Number of Council Document

13489/04

5. Number of Commission document

COM (2004) 650 final

6. Dealt with in Brussels by

DG Sanco/Working Party of Experts (Foodstuffs).

7. Department with primary responsibility

Department of Health and Children The Food Safety Authority of Ireland (FSAI) will be responsible for enforcing this legislation, and this role will be managed through its service contracts with Health Boards and the Office of the Director of Consumer Affairs.

8. Other Departments involved

N/A

9. Short summary and aim of the proposal

Directive 95/2/EC on food additives other then colours and sweeteners sets out a list of authorised food additives, the foodstuffs in which they may be used and their conditions of use. The Directive was adopted in February 1995 and has since been amended five times: in 1996, 1998, 2000 and twice in 2003.

69 The proposed amendments will reduce the authorised levels of nitrates and nitrites in meat products, withdraw the authorisation for the use of gel-forming food additives as used in “jelly mini-cups”, withdraw the authorisation for the use of a certain paraben (E216 and E217) and authorise the use of four new food additives (ethyl cellulose, erythritol, 4-hexyl resorcinol and soybean hemicellulose).

10. Legal basis of the proposal

Treaty establishing the European Community and in particular Article 95.

11. Voting Method

QMV

12. Role of the European Parliament

Co-decision with the EP

13. Category of Proposal

Minor significance / purely technical

14. Implications for Ireland

Impact on industry

The main implications for Irish industry relate to the nitrite/nitrate levels. However, at the request of the UK and Ireland, the proposal maintains the existing system of control, which is based on maximum residual levels of nitrites/nitrates in the food as sold for certain traditional UK and Irish meat products, such as cured ham, bacon and similar products.

Impact on consumers

The intent of the proposal is to continue to ensure a high level of protection of consumer health and to offer the consumer greater freedom of choice between different foodstuffs, by uniform application of the legislation on food additives in all Member States. The changes proposed in the current Directive should not impact on Irish consumers to any significant extent, other than as stated above.

Impact on Official Agencies

The proposal should have little impact on the Official Agencies. The Official Laboratories analyse for the presence of additives in foodstuffs from time to time, but in the opinion of FSAI this would again not add significantly to their current workload. 70 Other The Department of Health & Children has some concerns regarding the inclusion of erythritol in the proposed positive list of food additives. The Department will consult with the FSAI and their scientific committee on this matter. The final national position is dependent on the outcome of these deliberations.

15. Anticipated negotiating period

During the Luxembourg Presidency and possibly into the UK Presidency.

16. Proposed Implementation Date

Not discussed as yet

17. Consequences for national legislation

The Proposal is an EU Directive and will require transposition into Irish Law by Statutory Instrument.

18. Consequences for the EU Budget in euros annually

None

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

Ms Roisin Cahillane Tel 01 6353049 Fax 01 6354552 Email [email protected].

Date: 12th November 2004

71 2.1 Com (2004) 718 - Information Note

1. Proposal Mediation Directive.

2. Title Proposal for a Directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters.

3. Date of Council Document 28/10/2004

4. Number of Council document JUSTCIV 159; CODEC 1161; 13852/04 http://ue.eu.int/jai

5. Number of Commission document COM (2004) 718 final; 2004/0251 (COD) http://europa.eu.int/eur-lex/en

6. Dealt with in Brussels by JHA Council: Committee on Civil Law Matters

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

8. Other Departments involved The Office of the Attorney General. (As part of the consultation process, all Government Departments will be circulated with a copy of the proposal for any observations which they may have.)

9. Short summary and aim of the proposal The proposal was presented as part of a general programme of measures in the field of judicial cooperation in civil matters where those matters have cross-border implications and are seen as necessary for the proper functioning of the internal market. A key objective of the proposal is to facilitate better access to justice by promoting the use of mediation. It aims to establish a sound relationship between mediation and ordinary civil proceedings and seeks to ensure that the courts of the Member States have the tools at their disposal which will enable them, without compulsion, to avail of the mediation option where appropriate.

10. Legal basis of the proposal Articles 61 (c) and 67 (5) of the Treaty establishing the European Community.

This is a Title IV proposal and therefore does not automatically apply to Ireland. Approval of both Houses of the Oireachtas is required for Ireland’s participation. 72 11. Voting Method Qualified Majority Voting

12. Role of the EP Co-decision

13. Category of proposal This proposal is of some significance

14. Implications for Ireland There would not appear to be any implications which have a particular Irish dimension. However, the proposal should help to encourage the use of mediation within the EU and, as such, may benefit Irish persons who find themselves engaged in a dispute which has cross-border implications and who wish to avail of that form of dispute resolution.

15. Anticipated negotiation period Negotiations have just commenced and it’s not possible at this time to speculate with any precision as to what the negotiation period might be.

16. Proposed implementation date An implementation date of 1 September 2007 is suggested in the proposal but the eventual date will obviously be determined in the course of negotiations.

17. Consequences for national legislation Depending on the shape of the final instrument, there may be a need for primary legislation.

18. Method of transposition in to Irish law See point 17 above.

19. Anticipated transposition date See point 16 above.

20. Consequences for the EU budget in euros annually None

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

Regina Terry Principal Officer

Ph: 01 – 4790209

E-mail: [email protected]

Date: 9 November 2004

74 2.2 Com 14497 04 (2004) - Information Note

1. Proposal Draft Decision of the Council providing for certain areas covered by title IV of Part three of the Treaty establishing the European community to be governed by the procedure referred to in Article 251 of that Treaty.

2. Title Council Decision providing for certain areas covered by title IV of Part three of the Treaty establishing the European community to be governed by the procedure referred to in Article 251 of that Treaty.

3. Date of Council document 12 November 2004

4. Number of Council document 14497/04 JAI 441 ASIM 41

5. Number of Commission document: This is not a Commission proposal. This draft decision is being proposed by the Presidency in line with Article 67(2) of the Treaty establishing the European Union.

6. Dealt with in Brussels by COREPER/JHA Council

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

8. Other Departments involved None

9. Short summary and aim of the proposal In the context of the Hague Programme strengthening freedom, security and justice in the European Union, the European Council on 4/5 November 2004 asked “the Council to adopt a decision based on Article 67(2) TEC immediately after formal consultation of the European Parliament and no later than 1 April 2005 to apply the procedure provided for in Article 251 TEC to all Title IV measures to strengthen freedom, subject to the Nice Treaty, except for legal migration.”. The Netherlands Presidency has now published a DRAFT Council Decision to give effect to the request of the European Council.

The DRAFT Decision mainly covers matters dealing with:-

75  Article 62(2) (a) – measures on the crossing of the external borders of the Member States which shall establish standards and procedures to be followed by Member States in carrying out checks on persons at such borders.  Article 62 (3) – measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months.  Article 63 (2) (b) – measures on refugees and displaced persons promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons (NOTE: This covers, for example, the European Refugee Fund instruments). Certain exceptions are specified in Article 1 (3) of the DRAFT Decision.  Article 63 (3) (b) – measures on immigration policy within the following areas – illegal immigration and illegal residence, including repatriation of illegal residents. Certain exceptions are specified in Article 1(3) of the DRAFT Decision.  The two Council Regulations (789/2001 and 790/2001) reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications and for carrying out border checks and surveillance which are being modified (in Article 3 of the DRAFT Decision) so as to require the Council to act also in these cases by QMV.

10. Legal basis of the proposal

Article 67(2) of the Treaty establishing the European Community. This is a Title IV proposal and therefore does not automatically apply to Ireland, but requires the exercising of an option under Article 3 of the Protocol on the position of the United Kingdom and Ireland. The approval of both Houses of the Oireachtas is required for Ireland’s participation.

11. Voting Method Unanimity

12. Role of the EP Consultation

13. Category of proposal Significant in relation to voting rights

14. Implications for Ireland Once this decision has been implemented the relevant measures may be adopted by QMV. However, any such measure will not apply to Ireland unless it decides to opt-in with regard to the adoption of the measure or, alternatively, to the application of the measure after it has been adopted. The exercise of an option in these situations requires the prior approval of both Houses of the Oireachtas.

15. Anticipated negotiating period Before end 2004

16. Proposed implementation date 76 1 January 2005 if adopted in December 2004 during the Dutch Presidency of the EU. The Netherlands Presidency has indicated that this proposal is a priority for them.

17. Consequences for national legislation There should not be any requirements for legislation

18. Consequences for the EU budget in euros annually There should be no consequences for the EU budget.

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

Mr. David Costello, Mr. Peter Jones Principal, Assistant Principal, Asylum Policy, Immigration & Citizenship Policy 13-14 Burgh Quay, 13-14 Burgh Quay, Dublin 2. Dublin 2.

Tel No: (01) 616 7650 Tel No: (01) 616 7632

Date: 15 November 2004

77 4.1 Com 509 (2004) - Information Note

1. Proposal

Proposal on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities

2. Title

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

3. Date of Council document

1st October 2004

4. Number of Council document

12993/04 GAF 19 ECOFIN 315 JAI 347 CODEC 1068

5. Number of Commission document:

COM (2004) 509 final

6. Dealt with in Brussels by

European Council and Ecofin. The Dutch Presidency has not yet indicated which working group will deal with the proposal.

7. Department with primary responsibility

Department of Finance

8. Other Departments involved

None

9. Short summary and aim of the proposal

The draft Regulation aims to facilitate administrative cooperation between Member States and the Commission in order to combat fraud against the Community’s income and expenditure, particularly in the areas of:

- Transnational VAT fraud

78 - Laundering of the proceeds of EC fraud

- Structural funds fraud

10. Legal basis of the proposal

EC Treaty, Article 280

11. Voting Method

QMV

12. Role of the EP

Co-decision

13. Category of proposal

Some significance

14. Implications for Ireland

In relation to the money laundering and the structural fund fraud elements of the draft regulation, Ireland is unlikely to have any difficulty with the proposal.

Regarding VAT, a dedicated legal framework governing mutual assistance already exists in this area. This was agreed in October 2003 and the overall objective of the framework is to ensure compliance with VAT law. Specifically, it provides mechanisms for the timely exchange of information between the competent authorities in Member States and also for the conduct of simultaneous controls by these authorities. Given the relatively recent introduction 79 of these mechanisms the inclusion of new VAT-related measures under the draft regulation seems premature.

Moreover, the legal base proposed for the draft Regulation would provide for qualified majority voting (QMV) and this represents a fundamental problem for Ireland. Ireland has consistently supported the principle of unanimity in decision making on taxation matters at EU level and the existing mutual assistance framework was agreed on this basis.

Ireland would also have concerns regarding the specific measures being proposed for the VAT area. These are far-reaching in comparison to existing arrangements and include, for example, provisions obligating Member States to exchange information with the Commission and also to give the Commission access to Member State records.

15. Anticipated negotiating period

Uncertain. As noted above The Dutch Presidency has not yet indicated which working group will deal with the proposal.

16. Proposed implementation date

Uncertain

17. Consequences for national legislation

None. If adopted the Regulation would have direct effect.

18. Method of Transposition into Irish law See answer to Question 17 above.

19. Anticipated Transposition date See answer Question 17 above.

20. Consequences for the EU budget in euros annually

The consequences for the EU budget in year 1 and 2 will be €1.85 million. From year 3 the financial commitment will be €1.75 million as the first two years include an amount of €100,000 for the development of administrative systems for internal use by the Commission.

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Alan Dunne, EU Budget Section, Dept. of Finance 01 6045449 [email protected] Date : 3rd November 2004

80 4.3 Com 638 (2004) - Information Note

1. Proposal 29th amendment to Directive 76/769/EEC on C/M/R substances

2. Title Directive of the European Parliament and of the Council amending, for the 29th time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogenic, mutagenic or toxic to reproduction – c/m/r)

3. Date of Council document 07.10.2004

4. Number of Council document 2004/0225 (COD)

5. Number of Commission document: COM(2004)638 final

6. Dealt with in Brussels by DG Enterprise – Working Party Technical Harmonisation (Dangerous Substances)

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

8. Other Departments involved Health and Safety Authority; Office for the Director of Consumer Affairs

9. Short summary and aim of the proposal The proposal would govern the substances newly classified or re-classified as carcinogenic, mutagenic or toxic to reproduction category 1 or 2 in the 29th adaptation to technical progress of Directive 67/548/EEC (on classification, packaging and labelling of dangerous substances) by inserting them in the Appendix of Annex 1 of Directive 76/769/EEC, thereby restricting their use in substances and preparations placed on the market for sale to the general public.

10. Legal basis of the proposal Article 95 of the Treaty

11. Voting Method QMV

12. Role of the EP Codecision

13. Category of proposal 81 Some significance

14. Implications for Ireland May have some implications, in that some of the substances may/may not be currently used as substances/preparations sold to members of the general public – consultation with the chemical industry trade organisations will be undertaken.

15. Anticipated negotiating period Not known

16. Proposed implementation date Not provided as of yet

17. Consequences for national legislation Amending secondary legislation - and amendment of the European Communities (Dangerous Substances and Preparations)(Marketing and Use Regulations) 2004.

18. Method of Transposition into Irish law As for point 17 above

19. Anticipated Transposition date Not given as of yet.

20. Consequences for the EU budget in euros annually Costs estimated by the Commission are low due to the limited use of those substances by the general public. However, no costing in terms of euros annually is given. According to the available information, a large number of these newly classified c/m/r substances are used as raw material, organic synthesis intermediates or for specific professional applications. In addition, most of the substances were already restricted for sale to the general public due to their previous classification as c/m/r. In practice, only 42 of the 346 entries are newly classified and face restriction for sale to the general public for the first time. The proposal is stated to be cost-effective since it will ensure that consumer health is protected more effectively without having any significant impact in economic terms and in terms of job losses, given that the use of these dangerous substances by the general public is limited.

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

Danny Kelly, Health and Safety Policy Section, Department of Enterprise, Trade and Employment, Davitt House, 65a Adelaide Road, Dublin 2.

Tel: (01) 631 3192 e-mail: [email protected]

Date 4 November 2004

82 6.1 Com 596 (2004) - Information Note

1. Proposal Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on free movement of persons.

2. Title Proposal for a Council Decision on the signature and conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part and the Swiss Confederation, of the other, on the free movement of Persons, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union

3. Date of Council document 16/09/2004

4. Number of Council document 12579/04

5. Number of Commission document: COM(2004)596

6. Dealt with in Brussels by GAERC Council, EEA/EFTA Working Group

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

8. Other Departments involved Department of Justice, Equality and Law Reform and Department of Foreign Affairs

9. Short summary and aim of the proposal The proposal amends the Agreement between the EC Member States and the Swiss Confederation on the free movement of persons, to allow for the accession of the ten new Member States as Contracting Parties. The original Agreement entered into force on 1 June 2002.

The Protocol amending the Agreement foresees special transition periods for employed workers, and service providers in certain sectors, who are nationals of the Czech Republic, the 83 Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic. These transition periods will end on 30 April 2011, at the latest. 111 10. Legal basis of the proposal Article 310, in conjunction with the second sentence of Article 300(2) of the Treaty establishing the European Community. Article 2(3) of the Treaty of Accession of 16 April 2003. Article 6(2) of the Act of Accession annexed to the Treaty of Accession.

11. Voting Method QMV

12. Role of the EP Cooperation

13. Category of proposal The proposal is of some significance to the European Communities, more particularly to the new Member States of the EU, as it introduces free movement in the Swiss Confederation to nationals of the ten new Member States.

14. Implications for Ireland The proposal has limited if any implications for Ireland. Nationals of the ten new Member States to the EU may opt to migrate to Switzerland instead of Ireland. In addition, new Member State nationals who are currently residing in Ireland may choose to migrate to Switzerland. However, any impact on the Irish labour market in this regard would be minimal.

15. Anticipated negotiating period This proposal was adopted by the Commission on 16 September 2004 and was formally adopted by the Council on 25 October 2004.

16. Proposed implementation date This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.

17. Consequences for national legislation None.

18. Method of Transposition into Irish law Non applicable

19. Anticipated Transposition date Non applicable

20. Consequences for the EU budget in euros annually

84 None

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Bláithiín nic Giolla Rua, 0035316313200, [email protected]

Date

2 November 2004

85 6.2 Com 688 (2004) - Information Note

1. Proposal Proposal to extend the anti-dumping measures imposed in respect of imports of tube or pipe fittings originating in China to imports consigned from Indonesia

2. Title Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People’s Republic of China to imports of tubes or pipe fittings, of steel or iron, consigned from Indonesia, whether declared as originating in Indonesia or not

3. Date of Council document 26/10/2004

4. Number of Council document 13576/04 COMER 181

5. Number of Commission document: Com (2004) 688 final

6. Dealt with in Brussels by General Affairs and External Relations Council

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

8. Other Departments involved Not applicable

9. Short summary and aim of the proposal Anti-dumping measures were imposed in 2003. In March 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of the product originating in China by imports consigned from Indonesia. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. In 2002 imports commenced from Indonesia and the investigation found that the change in the pattern of trade stemmed from the existence of duties. The purpose of the proposal is to extend measures to imports of the product concerned consigned from Indonesia.

10. Legal basis of the proposal European Communities Treaty (Article 133)

11. Voting Method Simple Majority

12. Role of the European Parliament 86 No specific consultation in respect of this trade policy matter.

13. Category of proposal Mainly technical

14. Implications for Ireland No reported difficulties

15. Anticipated negotiating period Proposal was adopted by the European Commission and transmitted to the Council on 22 October 2004.

16. Proposed implementation date On the day after publication in Official Journal

17. Consequences for national legislation None

18. Method of Transposition into Irish law Not applicable

19. Anticipated Transposition date Not applicable

20. Consequences for the EU budget in euros annually Duty is collected on imports into the EU, in the form and the rate specified and according to the other criteria laid down in the Regulation imposing the measure. In Ireland, duties, which are collected by the Revenue Commissioners, are remitted to the EU.

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility. Frank Doheny Market Access Unit Department of Enterprise, Trade and Employment Earlsfort Centre Lr. Hatch Street Phone 016312527 Frank_ [email protected]

Date 9th. November 2004

87 6.3 Com 691 (2004) - Information Note

1. Proposal Proposal to extend the anti-dumping measures imposed in respect of imports of tube or pipe fittings originating in China to imports consigned from Sri Lanka

2. Title Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People’s Republic of China to imports of tube or pipe fittings, of iron or steel, consigned from Sri Lanka, whether declared as originating in Sri Lanka or not

3. Date of Council document 26/10/2004

4. Number of Council document 13591/04 COMER 184

5. Number of Commission document: Com (2004) 691 final

6. Dealt with in Brussels by General Affairs and External Relations Council

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

8. Other Departments involved Not applicable

9. Short summary and aim of the proposal Anti-dumping measures were imposed in 2003. In March 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of the product originating in China by imports consigned from Sri Lanka. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. The investigation found that the change in the pattern of trade stemmed from the existence of duties. The purpose of the proposal is to extend measures to imports of the product concerned consigned from Sri Lanka

10. Legal basis of the proposal European Communities Treaty (Article 133)

11. Voting Method Simple Majority

12. Role of the European Parliament No specific consultation in respect of this trade policy matter. 88 13. Category of proposal Mainly technical

14. Implications for Ireland No reported difficulties

15. Anticipated negotiating period Proposal was adopted by the European Commission and transmitted to the Council on 22 October 2004.

16. Proposed implementation date On the day after publication in Official Journal

17. Consequences for national legislation None

18. Method of Transposition into Irish law Not applicable

19. Anticipated Transposition date Not applicable

Date 9th November 2004

89 6.4 Com 703 (2004) - Information Note

1. Proposal Proposal to extend anti-dumping measures in respect of imports of pet film originating in, inter alia, India to imports consigned from Brazil or Israel

2. Title Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 1676/2001 on imports of polyethylene terephthalate (PET) film originating, inter alia, in India to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not

3. Date of Council document 25/10/2004

4. Number of Council document 13912/04 COMER 187

5. Number of Commission document: Com (2004) 703 final

6. Dealt with in Brussels by General Affairs and External Relations Council

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

8. Other Departments involved Not applicable

9. Short summary and aim of the proposal Anti-dumping measures were imposed in 2001. In February 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of PET film originating in India by imports of PET film consigned from Brazil and Israel. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. With the exception of two companies (one in Brazil and one in Israel) it was found that imports increased through Brazil and Israel in order to avoid the measures imposed. The purpose of the proposal is to extend measures to imports of PET film consigned from Brazil and from Israel with the exception of two named companies.

10. Legal basis of the proposal European Communities Treaty (Article 133)

11. Voting Method Simple Majority

12. Role of the European Parliament 90 No specific consultation in respect of this trade policy matter.

13. Category of proposal Mainly technical

14. Implications for Ireland No reported difficulties

15. Anticipated negotiating period Proposal was adopted by the European Commission on 20 October and transmitted to the Council on 21 October 2004. Not adopted by the Council as of 3 November 2004

16. Proposed implementation date On the day after publication in Official Journal

17. Consequences for national legislation None

18. Method of Transposition into Irish law Not applicable

19. Anticipated Transposition date Not applicable

Date 9th November 2004

91 6.5 Com 704 (2004) - Information Note

1. Proposal Proposal to extend anti-subsidy measures in respect of imports of pet film originating in India to imports consigned from Brazil and Israel

2. Title Proposal for a Council Regulation extending the definitive countervailing duty imposed by Council Regulation (EC) No 2597/1999 on imports of polyethylene terephthalate (PET) film originating in India to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not

3. Date of Council document 25/10/2004

4. Number of Council document 13919/04 COMER 190

5. Number of Commission document: Com (2004) 704 final

6. Dealt with in Brussels by General Affairs and External Relations Council

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

8. Other Departments involved Not applicable

9. Short summary and aim of the proposal Anti-subsidy measures were imposed in 1999. In February 2004 the Commission initiated an investigation into alleged circumvention of measures on imports of PET film originating in India by imports of PET film consigned from Brazil and Israel. Circumvention can be defined as a change in the pattern of trade that has no real justification other than the imposition of measures. With the exception of two companies (one in Brazil and one in Israel) it was found that imports increased through Brazil and Israel in order to avoid the measures imposed. The purpose of the proposal is to extend measures to imports of PET film consigned from Brazil and from Israel with the exception of two named companies.

10. Legal basis of the proposal European Communities Treaty (Article 133)

11. Voting Method Simple Majority

12. Role of the European Parliament 92 No specific consultation in respect of this trade policy matter.

13. Category of proposal Mainly technical

14. Implications for Ireland No reported difficulties

15. Anticipated negotiating period Proposal was adopted by the European Commission on 20 October 2004 and transmitted to the Council on 21 October 2004. Not adopted by the Council as of 3 November 2004

16. Proposed implementation date On the day after publication in Official Journal

17. Consequences for national legislation None

18. Method of Transposition into Irish law Not applicable

18. Anticipated Transposition date Not applicable

19. Consequences for the EU budget in euros annually Duty is collected on imports into the EU, in the form and the rate specified and according to the other criteria laid down in the Regulation imposing the measure. In Ireland, duties, which are collected by the Revenue Commissioners, are remitted to the EU.

20. Contact name, telephone number and e-mail address of official in Department with primary responsibility. Frank Doheny Market Access Unit Department of Enterprise, Trade and Employment Earlsfort Centre Lr. Hatch Street Phone 016312527 Frank_ [email protected]

Date 9th November 2004

93 6.6 Com 665 (2004) - Information Note

1. Proposal Establishing the Community position and authorising the Commission to vote on the prolongation of the International Agreement on Olive Oil and Table Olives, 1986, which expires on 31st December 2004

2. Title Proposal for a Council Decision establishing the Community position with respect to the prolongation of the International Agreement on Olive Oil and Table Olives, 1986.

3. Date of Council document 21/10/2004

4. Number of Council document 13535/04

5. Number of Commission document COM (2004) 665 final

6. Dealt with in Brussels by PROBA Working Group Coreper Council (Agriculture and Fisheries)

7. Department with primary responsibility Department of Agriculture and Food

8. Other Departments involved None

9. Short summary and aim of the proposal The International Agreement on Olive Oil and Table Olives (IOOC) promotes international co-operation in the cultivation and consumption of olive oil and table olives and harmonisation of quality standards. The current agreement expires on 31 December 2004, and may be extended or re-negotiated.

IOOC members are currently negotiating a new Agreement and also, following pressure by the EU which contributes 80% of the funding, the adoption of improved financial and management arrangements to ensure a sound functioning of the IOOC Executive. The negotiations may extend beyond the expiry date of the current Agreement. The current proposal authorises the Commission, on behalf of the EU, to vote at the forthcoming IOOC Council either in favour or against prolongation of the current Agreement until 31 December 2005, depending on the outcome of the parallel negotiations on improving the organisation and management of the IOOC Secretariat.

94 10. Legal basis of the proposal Articles 133 and Article 300(2) of the Treaty.

11. Voting method QMV

12. Role of EP None

13. Category of proposal Some significance

14. Implications for Ireland As Ireland is not a producer of olive oil, the proposal will not have a significant impact

15. Anticipated negotiating period Decision is expected to be adopted at the Council (Agriculture and Fisheries) on 22 November.

16. Proposed implementation date Commission will be authorised to vote at the IOOC Council in Madrid on 29 November/1 December 2004.

17. Consequences for national legislation None

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 EU’s annual IOOC membership contribution and obligatory contribution to the IOOC Promotion Fund of €4.721 million in 2005 has been provided for in the Budget.

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Bridie O’Neill, Principal Officer, Crops Policy and State Bodies Division Telephone No. 6072085 Email: [email protected]

Date: 15 November 2004

95 6.7 Com 714 (2004) - Information Note

1. Proposal Establishing the Community position on amendments to the veterinary legislation aspects of the Agreement between Switzerland and the EU.

2. Title Proposal for Council Decision on the Community position on Decision No 2/2004 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products regarding the amendment of Appendices 1, 2, 3, 4, 5, 6 and 11 of Annex 11 to the Agreement.

3. Date of Council document 03/11/2004

4. Number of Council document 14061/04

5. Number of Commission document COM(2004) 714 final

6. Dealt with in Brussels by Chief Veterinary Officers Coreper General Affairs and External Relations Council

7. Department with primary responsibility Department of Agriculture and Food.

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

9. Short summary and aim of the proposal Under the EU/Swiss Confederation Agreement on trade in agricultural products, a Joint Veterinary Committee is established to deal with veterinary matters. The proposal sets out the Community position to be taken in the Joint Veterinary Committee on the decision to amend and update the veterinary aspects of the Agreement between the EU and Switzerland.

10. Legal basis of the proposal Article 37 and Article 152(4)(b) in conjunction with the second subparagraph of Article 300(2) of the Treaty

11. Voting method QMV 96 12. Role of EP None

13. Category of proposal Purely technical

14. Implications for Ireland None

15. Anticipated negotiating period The Council Decision is expected to be adopted by Council before the end of November. The decision will take effect as soon as the agreement is signed by both parties.

16. Proposed implementation date The amendments shall take effect at the date of the last signature.

17. Consequences for national legislation None

18. Method of Transposition into Irish law Not Applicable

19. Anticipated Transposition date Not Applicable

20. Consequences for the EU budget in euros annually None

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

Tom O’Donnell, Principal Officer, Animal Health & Welfare Division Telephone No. 6072322 Email: [email protected]

Date: 19 November 2004