Joint Committee on European Affairs

JOINT COMMITTEE ON EUROPEAN AFFAIRS

SUB-COMMITTEE ON EUROPEAN SCRUTINY

Decision of the Joint Committee on European Affairs

The Sub-Committee on European Scrutiny at its meeting on 21st September 2005 agreed to refer the Fifty Fourth Report of the Sub-Committee to the Joint Committee on European Affairs for consideration.

The Joint Committee on European Affairs at its meeting of 28th September 2005 considered the Fifty Fourth Report of the Sub-Committee and agreed that the report as presented should be laid before both Houses of the Oireachtas.

Chairman John Deasy TD

28 September 2005 Sub-Committee on European Scrutiny Fifty Fourth Report (Report of the Meeting of 27 July 2005)

Decisions of the Sub-Committee on European Scrutiny.

The Sub-Committee on European Scrutiny at its public meeting of 27th July 2005 scrutinised some 37 European Union legislative proposals and other documents.

It was agreed that four of the proposals were deemed to warrant further scrutiny and should be referred to the appropriate Oireachtas Committee. These proposals concerned:  The accession of the European Atomic Energy Community (Euratom) to an international Framework Agreement in the field of nuclear-related research;  Aspects of the organisation of working time;  A proposal to reform the EU Sugar Regime; and  A proposal concerning the placing of a genetically modified maize product on the market. There was one Title IV Measures dealt with and 3 CFSP measures noted at this meeting..

Of the remaining proposals examined, it was agreed that 25 of the proposals submitted to the Sub-Committee did not warrant further scrutiny.

There were no adopted measures received for this meeting.

The Sub-Committee also noted four early warning notes from the Department of Enterprise, Trade & Employment concerning anti-dumping measures. Consideration of two other proposals concerning the transfer of sentenced persons between Member States of the European Union and on the protection of groundwater against pollution were deferred pending further information from the respective lead Departments.

Bernard Allen T.D Chairman. Date : 21st September 2005 Contents

Pages List of Members iii, iv Section 1: Proposals referred to Sectoral Committees for further 1 scrutiny. COM(2005) 222 Proposal for a Council Decision concerning the negotiation of the 1,45 accession of he European Atomic Energy Community (Euratom) to an international Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear- related research.

COM(2005) 246 Proposal for a Directive of the European Parliament and the 2,48 Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time

COM(2005) 263 Proposal for Council Regulations to reform the EU Sugar Regime 4,51

COM(2005) 284 Proposal for a Council Decision concerning the placing on the 5,54 market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate- ammonium.

Section 2: COM(2005) 236 Proposal for a Regulation on the establishment, operation and use 7,57 of the second generation Schengen information system (SIS II).

Section 3: CFSP Measures

CFSP(2005) 556 Council Joint Action 2005/556/CFSP of 18 July 2005 appointing 8,60 a Special Representative of the European Union for Sudan

CFSP(2005) 557 Council Joint Action 2005/557/CFSP of 18 July 2005 on the 9,62 European Union civilian-military supporting action to the African Union monitoring mission in the Darfur region of Sudan (AMIS II)

CFSP(2005) 561 Council Joint Action 2005/561/CFSP regarding a further 10,64 contribution of the European Union to the conflict settlement process in Georgia/South Ossetia.

i Section 4: Documents deferred from previous meeting 7307 (2005) Proposal for a Council Framework Decision on the European 11,66 enforcement order and the transfer of sentenced persons between Member States of the European Union.

COM(2005) 282 Proposal for a Directive of the European Parliament and of the 12,69 Council on protection of groundwater against pollution.

Section 5: Proposals where the Sub-Committee agreed that no further scrutiny was required COM(2005) 190 Proposal for a Regulations of certain Community agencies with 14 respect to the rules of the conditions and procedures applicable to extending the term of office of their Director, Deputy Director or President.

COM(2005) 194 Proposal for a Council Regulation amending Regulation (EEC) 15 No. 2092/91 on organic production of agricultural products and indications referring therto on agricultural products and foodstuffs.

COM(2005) 209 Proposal for a Decision of the European Parliament and of the 16 Council establishing a Community action for the European Capital of Culture event for the years 2007 to 2019.

COM(2005) 221 Proposal for a Council Directive laying down minimum rules for 17 the protection of chickens kept for meat production.

COM(2005) 225 Proposal for a Decision of the European Parliament and the 18 Council on the European year of Equal Opportunities for all (2007) Towards a Just Society.

COM(2005) 230 Proposal for a Council Decision on the establishment, operation 19 and use of the second generation Schengen Information system (SIS II)

COM(2005) 235 Proposal for a Council Regulation amending Regulation (EEC) 20 No. 2075/92 on the common organisation of the market in raw tobacco.

COM(2005) 237 Proposal for a Regulation regarding access to the Second 21 Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates.

ii COM(2005) 241 Proposal for a Council Decision amending the annex to Directive 22 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

COM(2005) 249 Proposal for a Council Regulation imposing a definitive anti- 23 dumping duty on imports of bicycles originating in Vietnam, amending Regulation (EC) No. 1524/2000 regarding imports of bicycles from the People’s Republic of China.

COM(2005) 258 Proposal for a Council Decision on a Communtiy position in the 24 association council on the implementation of Article 73 of he EU- Israel Association Agreement.

COM(2005) 267 Proposal for Council Decisions on the signature, provisional 25 application, and conclusion of the Agreement between the European communtiy and New Zealand on certain aspects of air services.

COM(2005) 268 Proposal for a Council Regulation to terminate a new exporter 26 review of anti-dumping duties on imports of urea ammonium nitrate (UAN) originating from, among other places, Algeria.

COM(2005) 270 Proposal for a Council Decision on the conclusion of an agreement 27 between the European Community and the Government of Ukraine on trade in certain steel products. AND

COM(2005) 271 Proposal for a Council Regulation on administering cetain 28 restrictions on imports of cetain steel products form Ukraine.

COM(2005) 273 Proposal for a Council Regulation adopting autonomous and 29 transitional measures to open a Community tariff quota for the import of live bovine animals originating in Switzerland.

COM(2005) 279 Proposal for a Council Regulation imposing a definitive anti- 30 dumping duty and collecting definitively the provisional duty imposed on imports of barium carbonate originating in the People’s Republic of China.

COM(2005) 281 Proposal for Council Decision on the signature and conclusion of a 31 Protocol to the Framework Agreement for Trade and Cooperation between the EC and Republic of Korea to take account of the accession of the ten new Member States in 2004.

iii COM(2005) 283 Proposal for a Council Regulation imposing a definite anti- 32 dumping duty and collecting definitively the provisional duty on imports of Hand Pallet trucks and their essential parts originating in the People’s Republic of China.

COM(2005) 291 Proposal for a Council Decision amending Annex II of Directive 33 200/53/EC on end of life vehicles.

COM(2005) 295 Proposal for a Council Regulation amending Regulation (EC) No. 34 2268/2004 imposing a definitve anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China.

COM(2005) 310 Proposal for a Council Regulation amending Regulation (EC) No. 35 27/2005 regarding herring, mackerel, horse mackerel, octopus and vessels engaged in illegal fisheries.

COM(2005) 183 Proposal for Council Decisions regarding the signature and 36 conlusion of an Agreement between the EC and the Swiss Confederation to revise the Agreement on mutual recognition in relation to conformity testing.

COM(2005) 289 Proposal for a Council Regulation (EC, EURATOM) repealing 38 Regulation No 6/66/Euratom, 121/66/EEC of the Councils, Regulation No 7/66/Euratom, 122/66/EEC of the Councils and Regualtion No 174/65/EEC, 14/65/Euratom of the Councils.

COM(2005) 266 Proposal for a Regulation establishing accompanying measures for 39 Sugar protocol countries affected by the reforms of the EU sugar regime

Section 6 Proposals Adopted prior to Scrutiny

No adopted measures were received for this meeting.

Section 7 Early Warning Notes EWN:Regn 628/05 Provisional anti-dumping measures in relation to imports of salmon 40,72 originating in Norway. EWN:Regn 552/05 Provisional measures on certain magnesia bricks originating in the 40,74 People’s Republic of China. EWN:Regn 771/05 Provisional anti-dumping duty on imports of certain steel fasteners and 40,76 part thereof originating in the People’s Republic of China, Indonesia, Taiwan, Thailand, and Vietnam.

iv EWN:Regn Initiation of a review to amend to anti-dumping duty measures in 41,78 2042/2000 relation to television camera systems.

Appendix A: Terms of Reference Appendix B: Information notes on Proposals

v 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

vi 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

vii Section 1. Proposals warranting further scrutiny.

1.1COM (2005) 222

Proposal for a Council Decision concerning the negotiation of the accession of the European Atomic Energy Community (Euratom) to an international Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear-related research.

Lead Department Environment, Heritage and Local Government Other Department(s) Enterprise, Trade and Employment.

Lead Department Summary. The aim of this proposal is to authorise the European Commission to negotiate the accession of Euratom to an International Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear-related research.

The Generation IV initiative was launched by the US DOE at the beginning of 2000. The aim of this initiative is to facilitate international cooperation in the field of research and development for the next generation of nuclear energy systems. Several European countries (United Kingdom, France and Switzerland), as well as Japan, Korea, South Africa, Argentina, Brazil and Canada, have joined. To this end, these countries signed the Charter of the Generation IV International Forum (GIF). The European Commission decided on 4 November 2002 that the European Atomic Energy Community (Euratom) should adhere to the Charter. The Charter was subsequently signed on behalf of Euratom on 30 July 2003. This Charter is essentially a political agreement with no financial implications.

In November 2004 the US produced a draft Framework Agreement in order to create a legally binding framework which will enable research and development work at project level in addition to sharing of results. The accession by Euratom to the Framework Agreement requires the endorsement of the European Council before it can go ahead

Conclusion It was agreed that the proposal be referred for further scrutiny to the Committee on the Environment and Local Government.

1 1.2COM (2005) 246

Proposal for a Directive of the European Parliament and the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time. Lead Department Enterprise, Trade and Employment Other Department(s) Health and Children.

Lead Department Summary. The European Commission submitted in January 2004 a Communication on the re- examination of the Working Time Directive. As well as being addressed to various Community institutions, the Communication was also the basis of a consultation of the social partners in accordance with Article 138(2) of the Treaty.

The Communication examined a number of sensitive issues, in particular (a) the reference periods for the calculation of working time, (b) the use of the opt-out provisions, (c) the impact of the recent Rulings of the Court of Justice in the SIMAP and Jaeger Cases which cause particular problems for the healthcare sector and (d) the reconciliation of working and family life. A deadline of 31 March 2004 was set for receipt of submissions from the various interests.

The European Commission published its proposals to amend the Working Time Directive on 22 September 2004 (ref: COM (2004) 607 FINAL). The critical issues addressed in the new proposal are:  The length of reference period over which average working time is calculated;  The definitions of (a) "working time", following recent European Court of Justice rulings; (b) time spent "on call" and (c) clarification of “ compensatory rest”;  The conditions for the application of the "opt-out" from the 48 hours ceiling on maximum weekly working hours.

The Commission’s proposal was the subject of an Oireachtas Scrutiny Debate by the Joint Oireachtas Committee on Health and Children on Thursday 17 February 2005.

Current Position The European Parliament gave its Opinion on the Commission’s original proposal on 11 May 2005. This Opinion included proposals for a number of amendments. In the light of this, the Commission published a Revised Proposal on 31 May 2005. The Commission’s Revised proposal accepted 13 amendments by the Parliament, which the Commission considers will improve the proposal and maintain its aims and political viability, taking account of the positions already expressed by Member States to the Employment, Social Policy, Health and Consumer Affairs Council. The amendments are as follows: – amendment No 1 (citing the conclusions of the Lisbon European Council): see recital No 4; – amendment No 2 (rewording recital No 4): see recital No 4; 2 – amendment No 3 (reference to increasing the rate of employment amongst women): see recital No 5; – amendment No 4 (addition of a reference to compatibility between work and family): see recital No 7; – amendment No 8 (citing Article 31(2) of the Charter): see recital No 14; – amendment No 11 (aggregation of hours in cases involving several employment contracts): see recital No 2; – amendment No 12 (addition of a provision concerning compatibility between work and family life): see Article 2b; – amendment No 13 (deletion of Article 16b(2)): see Article 16; – amendments Nos. 16 and 18 (compensatory rest time): see Articles 17(2) and 18(3); – amendment No 17 (correction of an error): see the first indent of Article 17(5); – amendment No 19 (reference period): see Article 19; – amendment No 24 (provision concerning the validity of opt-out agreements signed prior to the entry into force of this Directive): see Article 22(1c).

Conclusion It was agreed that the proposal (that seeks to amend a very significant proposal) be referred for further scrutiny by the Committee on Enterprise and Small Business and be forwarded for information to the Committee on Health and Children.

3 1.3COM (2005) 263

Proposal for Council Regulations to reform the EU Sugar Regime.

Lead Department Agriculture and Food Other Department(s) None

Lead Department Summary. The production of sugar in all Member States of the European Union is regulated by the EU sugar regime. The regime sets out production quotas for sugar, a guaranteed minimum price at which sugar produced under quota can be marketed in the EU and a minimum price for beet, which sugar manufacturers are required to pay the growers.

The main elements of the reform are:  A reduction of 39% in the price of sugar and 42% in the price of sugar beet  Compensation to farmers at 60% of the reduction in the support price  A voluntary restructuring scheme with funding for factories for “factory closure and renunciation of quota”  No compulsory quota cuts for the first four years.

Conclusion It was agreed that the proposal be referred for further scrutiny to the Joint Committee on Agriculture and Food and agreed to draw the attention of the Committee to the fact that they were opposed to this proposal.

4 1.4COM (2005) 284

Proposal for a Council Decision concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L.,line 1507) genetically modified for resistance to certain lepidopternan pests and for tolerance to the herbicide glufosinate-ammonium.

Lead Department Environment, Heritage and Local Government. Other Department(s) Agriculture and Food. Health and Children

Lead Department Summary. The proposal is for the Council to authorise genetically modified maize product (Zea mays L., line 1507) for import into the Community and its subsequent use for animal feed and industrial processing. The proposal does not include cultivation.

The product concerned is genetically modified for resistance to certain insect pests and for tolerance to the herbicide glufosinate-ammonium.

Following a positive assessment of the proposal by the competent authority of the Netherlands, the proposal was considered by each national competent authority under Directive 2001/18/EC (in Ireland’s case, EPA). EPA (following consultations with other relevant bodies - the Departments of Agriculture and Food and Health and Children, Teagasc, and the GMO and novel foods sub-committee under the Food Safety Authority of Ireland’s scientific committee) raised no objections to the proposal. However, a number of competent authorities expressed and maintained reservations so, in accordance with the Directive’s requirements, the proposal was brought before a meeting of the Regulatory Committee for the purposes of the Directive. In bringing the proposal to the Regulatory Committee, the Commission sought the advice of EFSA (the European Food Safety Authority). EFSA concluded that “there is no evidence that the placing on the market of maize line 1507 and derived products is likely to cause adverse effects on human and animal health and the environment in the context of its proposed use.”

The vote on the product was taken by written procedure following the meeting of the Regulatory Committee. Accordingly, the voting positions of individual member States are not available to us.

Ireland abstained in the vote and the proposal did not receive a qualified majority (232 votes required). The outcome of the vote was as follows:

Against 112 votes

In favour 116 votes

Abstained 93 votes

5 Conclusion It was agreed that the proposal be referred for further scrutiny to the Joint Committee on Environment and Local Government and that the completed Report on the scrutiny of this proposal be forwarded to the Sub-Committee for its information due to the sub-committee’s interest in this area.

6 Section 2 Title IV Measures.

21 COM (2005) 236

Proposal for a Regulation on the establishment, operation and use of the second generation Schengen information system (SIS II) Lead Department Justice, Equality and Law Reform Other Department(s) None

Lead Department Summary.

This proposal is part of a group of instruments which are required to provide a legal basis for the second generation Schengen Information System (SIS II).

The Schengen Information System (SIS) is currently provided for under the Schengen Convention of 1990 implementing the Schengen Agreement of 14 June 1985. The overall purpose of the SIS, as stated in Article 93 of the Convention, is to maintain public policy and security, including national security, and to facilitate the application of the provisions of the Convention. In that context, it provides for the electronic exchange of information between participating countries via a central system.

The new system is required because the existing system is reaching the end of its useful life and cannot be expanded to cater for the 10 new Member States. The new system will also provide for certain new functions.

The Schengen Acquis covers both Title IV of the EC Treaty (free movement of persons) and Title VI of the EU Treaty (police co-operation and judicial co-operation in criminal matters). Because of this, separate implementing legal instruments are required to give effect to SIS II – in particular, a Council Regulation under Title IV TEC, and a Council Decision under Title VI TEU. A further proposed Regulation relates to information held by vehicle licensing authorities.

Conclusion It was agreed that he proposal did not warrant further scrutiny, but that it be forwarded for information to the Committee on Justice, Equality, Defence and Women’s Rights in the context of the wider package of proposals to up-date the Schengen information system

7 Section 3 CFSP Measures

3.1CFSP (2005) 556

Council Joint Action 2005/556/CFSP of 18 July 2005 appointing a Special Representative of the European Union for Sudan. Lead Department Foreign Affairs Other Department(s) None

Lead Department Summary. This Council Joint Action establishes the mandate for an EU Special Representative to Sudan. The mandate of the Special Representative will be based on the policy objectives of the European Union regarding Sudan, including (i) supporting the African Union and the United Nations in the search for a political settlement of the conflict in Darfur, (ii) facilitating the implementation of the Comprehensive Peace Agreement, (iii) promoting South-South dialogue, and (iv) ensuring maximum effectiveness and visibility of the EU's contribution to AMIS. The Joint Action notes the regional ramifications of these issues and stresses the principle of African ownership. The EUSR shall regularly report to the PSC on the implementation of the EU assistance to AMIS and on the evolution of the situation in Darfur as well as in Sudan as a whole.

Conclusion It was agreed to note the measure

8 3.2CFSP (2005) 557

Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian- military supporting action to the African Union monitoring mission in the Darfur region of Sudan (AMIS II) Lead Department Foreign Affairs Other Department(s) None

Lead Department Summary. Through this Joint Action, the European Union establishes an EU civilian-military supporting action to AMIS II – the African Union Mission in Sudan, with the objective of ensuring effective and timely EU assistance in support of the mission. The EU will assist the African Union in its political, military and police efforts to address the crisis in the Darfur region of Sudan, while respecting the principle of African ownership. This supporting action shall include a civilian and military component. The SG/HR and the EUSR for Sudan, within their mandates, shall act as primary point of contact with the representatives of the African Union for matters relating to the implementation of this Joint Action. The Presidency shall be kept regularly and promptly informed on these contacts.

9 3.3CFSP (2005) 561

Council Joint Action 2005/561/CFSP regarding a further contribution of the European Union to the conflict settlement process in Georgia/South Ossetia. Lead Department Foreign Affairs Other Department(s) None

Lead Department Summary. The EU previously provided a contribution to the conflict settlement process in Georgia/South Ossetia under Joint Action 2003/473/CFSP (adopted 25 June 2003), which expires on 30 June 2005. In response to an appeal from the OSCE for follow-up assistance, the EU shall finance meetings, under the aegis of the OSCE, of the Joint Control Commission (JCC) and of the Experts’ Group, which are the main instruments of the conflict settlement process. The contribution will also provide for organisation of conferences under the aegis of the JCC, and certain equipment and running costs of the JCC secretariat. This assistance effectively reinforces the role of the EU and the OSCE in the settlement of this conflict.

Disbursement of this financial aid is made conditional upon the holding of regular meetings of the JCC, and other mechanisms of the JCC framework, over the next twelve months. Both Georgian and South Ossetian authorities should make demonstrable efforts to achieve real political progress towards a lasting settlement. The Joint Action will expire on 30 June 2006, and will be reviewed after ten months.

10 Section 4 Deferred Documents

4.1 7307 (2005) Proposal for a Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union.

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

Lead Department Summary. To establish the rules under which a Member State shall recognise and enforce on its territory a custodial sentence imposed by a court of another Member State for a criminal offence whether or not the enforcement of the sentence has already been started.

The initiating States propose that there should be a basic duty on each Member State to take charge of its nationals and those persons legally resident in its territory. They note that neither the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March, 1983 nor the Additional Protocol to the Convention of 18 December, 1997 imposes such a duty.

The proposal would remove the requirement for the sentenced person who is a national of the executing State to consent to the transfer as is the case at present under the Convention on the Transfer of Sentenced Persons.

There would be limited grounds permitted for refusing to enforce the sentence and there would be an imposition of time limits for decisions on the transfer and on the transfer itself.

Conclusion It was agreed that consideration of the proposal be deferred until the Department has forwarded the additional information requested

11 4.2 COM (2005) 282

Proposal for a Directive of the European Parliament and of the Council on protection of groundwater against pollution. Lead Department Environment, Heritage and Local Government Other Department(s) Communications, Marine and Natural Resources (Geological Survey of Ireland)

Lead Department Summary. The proposed Directive is intended to ensure that groundwater quality is monitored and evaluated across Europe in a harmonised way. The proposed approach to establishing quality criteria is both flexible and iterative, taking account of local characteristics and allowing for further improvements.

The proposed Directive responds to Article 17 of the Water Framework Directive (2000/60/EC) (WFD) which requires the Commission to present a proposal (a Groundwater Daughter Directive) for specific measures to prevent and control groundwater pollution within two years of entry into force of the WFD which was on 22 December 2000. The measures have to include criteria for assessing the chemical status of groundwater and for identifying trends in pollution of groundwater bodies. The present proposal in addition introduces measures for protecting groundwater from indirect pollution (discharges of pollutants into groundwater after percolation through the ground or subsoil).

The proposed Directive Specifies threshold levels to be set by member states for nitrates and pesticides in groundwater in line with EU water laws: 50 milligrams per litre for nitrates and 0.5 micrograms per litre for total combined pesticidal active ingredients (0.1 micrograms per litre limit for each individual pesticidal agent). With regard to pollutants that are not covered by EU legislation, the proposed Directive requires Member States to establish threshold values by 22 December 2008.

Programmes of measures to reduce groundwater pollution must be established for all groundwater bodies where an upward trend in pollutant concentration is identified.

The proposed Directive sets out the basis for the identification of any significant and sustained upward trend in pollutant concentration and also the starting point for this trend reversal.

The current Groundwater Directive (80/68/EEC) will be repealed in 2013 under the provisions of Article 22 of the WFD and the groundwater protection regime operated under that Directive will be continued and developed under the proposed new Groundwater Daughter Directive.

12 Conclusion It was agreed that consideration of the proposal be deferred until the Department has provided the additional information on the implications of the amended proposal for Ireland.

13 Section 5 Proposals warranting further scrutiny.

5.1 COM (2005) 190

Proposal for a Regulations of certain Community agencies with respect to the rules of the conditions and procedures applicable to extending the term of office of their Director, Deputy Director, or President.

Lead Department Finance Other Department(s) Foreign Affairs (re EU Institutions.

Lead Department Summary. Because of legal uncertainty with the practice hitherto of extending incumbent directors’ terms of office in certain Community agencies, it is proposed to amend the establishment Regulations for these agencies. This will provide for the harmonisation of the rules on the conditions and procedures applicable to extending the term of office of the Director, Deputy Director, or President, as appropriate, of certain Community agencies. The extension would only be permitted once, and for no longer than a five year period. In addition, the extension could only take place after adequate evaluation of the incumbent’s results achieved in the first term of office and the way in which they were achieved, and the agency’s duties and requirements in the coming years.

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

14 5.2 COM (2005) 194

Proposal for a Council Regulation amending Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring therto on agricultural products and foodstuffs.

Lead Department Summary. Article 11 of Council Regulation (EEC) No 2092/91 provides for an agreed procedure to facilitate the import from third countries of organic products. The principle of permitting imports is based on the recognition of equivalence of the organic production standards and certification process of the exporting country. By way of derogation, which is due to expire on 31 December 2005, Member States can in certain circumstances, grant import authorisation to importers where the equivalence procedures have not yet been agreed. The European Action Plan for Organic Food and Farming proposed replacing this derogation with a permanent system making use of technical equivalency evaluations. This proposal provides for an extension of twelve months on the current derogation to give the Commission sufficient time to put the new permanent system in place.

Conclusion It was agreed, following the provision of the additional material by the Department, that the proposal did not warrant further scrutiny, but that the documentation be forwarded for information to the Committee on Agriculture and Food in advance of any proposal to change the current system.

15 5.3 COM (2005) 209

Proposal for a Decision of he European Parliament and of the Council establishing a Community action for the European Capital of Culture events for the years 2007 to 2019.

Lead Department Arts, Sports and Tourism Other Department(s) None

The proposed action aims to replace the existing designation process for the “European Capitals of Culture” (ECOC) amending Decision 1419/1999. It aims at improving the transparency of the selection process and the European dimension of the ECOC event. The Commission proposes the establishment of a “selection panel” to assess and recommend applications from each Member State and the provision of a “European monitoring panel” (EMP) to support designated cities.

Conclusion It was agreed that the proposal did not warrant further scrutiny, but that the related documentation be forwarded for information to the Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs

5.4 COM (2005) 221 Proposal for a Council Directive laying down minimum rules for the protection of chickens kept for meat production.

Lead Department Summary. The proposal aims to protect the welfare of chickens kept for meat production. This will be achieved by the introduction of technical and management requirements for establishments, enhanced monitoring on farms and an increased flow of information between the competent authorities and the producer and the slaughterhouse. Monitoring will be based on welfare-specific standards for chicken carcasses after slaughter. The proposal will not apply to hatcheries, establishments with breeding stocks or establishments with less than 100 chickens.

This proposal will be a key element in the context of the European Action Plan on Animal Welfare to be prepared by the Commission during 2005.

Conclusion It was agreed that the proposal did not warrant further scrutiny, but that the proposed measure be forwarded for information to the Committee on Agriculture and Food.

5.5 COM (2005) 225 Proposal for a Decision of the European Parliament and of the Council on the European year of Equal Opportunities for all (2007) Towards a Just Society.

Lead Department Justice, Equality and Law Reform. Other Department(s) Enterprise, Trade and Employment. Education and Science. Finance. Social and Family Affairs.

It is proposed to designate 2007 “European Year of Equal Opportunity for All” as part of a concerted effort to promote equality and non-discrimination in the EU. The European Year will provide an opportunity to promote a more cohesive society that celebrates differences within the framework of EU core values, such as gender. It will seek to raise awareness of the substantial EU acquis in the field of equality and non- discrimination, as well as stimulating debate, dialogue and exchanges of good practice. The four core themes of the European Year proposed by the Commission are: Rights – raising awareness of the right to equality and non-discrimination Representation – stimulating a debate on ways to increase the participation of under- represented groups in society Recognition – celebrating and accommodating diversity Respect and tolerance – promoting a more cohesive society.

Conclusion It was agreed that the proposal did not warrant further scrutiny, but that he proposed measure be sent for information to the Committee on Justice, Equality, Defence and Women’s Rights for information. It was also agreed to ask the Department if the proposal is agreed, to indicate in due course how the projects will be selected and promoted, how they will be financed and to identify the projects selected under this proposal. It was also agreed to ask the Department if the adoption of this proposal would have any implications for denominational schools.

18 5.6 COM (2005) 230 Proposal for a Council Decision on the establishment, operation and use of the second generation Schengen Information System (SIS II)

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

The new system is required because the existing system is reaching the end of its useful life and cannot be expanded to cater for the 10 new Member States. The new system will also provide for certain new functions.

Conclusion It was agreed that the proposal be forwarded for information to the Committee on Justice, Equality, Defence and Women’s Rights in advance of any proposal for related national legislation.

19 5.7 COM (2005) 235 Proposal for a Council Regulation amending Regulation (EEC) No.2075/92 on the common organisation of the market in raw tobacco.

Lead Department Agriculture and Food Other Department(s) Health and Children

Lead Department Summary. Council Regulation (EC) No 2075/92 on the common organisation of the market in tobacco provided for a premium system of farmer income support and system of production limitation within the tobacco sector. These arrangements continue to apply to the 2005 harvest. Under the reform of the EU tobacco regime agreed in April 2004, the premium and production systems are to be discontinued and a new direct support scheme (Single Payment System) introduced by Council Regulation (EC) No 1782/2003. Consequently a number of articles of Regulation (EEC) No 2075/92 expire as from the end of the 2005 harvest.

The Commission proposal sets out the amendments required to Regulation 2075/92 to implement the new regime.

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

20 5.8 COM (2005) 237 Proposal for a Regulation regarding access to the second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates.

Lead Department Justice, Equality and Law Reform Other Department(s) Environment, and Local Government.

The Schengen Information System (SIS) is currently provided for under the Schengen Convention of 1990 implementing the Schengen Agreement of 14 June 1985. The overall purpose of the SIS, as stated in Article 93 of the Convention, is to maintain public policy and security, including national security, and to facilitate the application of the provisions of the Convention. In that context, it provides for the electronic exchange of information between participating countries via a central system. The new system is required because the existing system is reaching the end of its useful life and cannot be expanded to cater for the 10 new Member States.

This proposal will allow vehicle registration authorities in Member States access to the new generation of the Schengen Information System (SIS II) – to determine whether or not a car presented to them for registration has been lost, stolen or misappropriated.

Its objective is to reinforce cooperation between Member States, based on an effective exchange of information, to combat fraud and illegal trade in stolen vehicles.

21 7835/05,5.9 COM (2005) 241

Proposal for a Council Decision amending the annex to directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electonic equipment.

Lead Department Environment, Heritage and Local Government. Other Department(s) Enterprise, Trade and Employment. Health.

Directive 2002/95/EC enables Member States to prohibit the putting on the market by producers of electrical and electronic equipment which contain lead, mercury, cadmium, hexavalent chromium, poly-brominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE). The annex to the Directive sets out the applications, which may be exempted from the Directive where the negative impacts of substitution would outweigh the environmental and human health benefits and the maximum concentration values up to which the presence of the aforementioned substances will be tolerated. Article 5(1)(b) of the Directive provides for adaptation to scientific and technical progress.

In this amendment the Commission propose that ‘DecaBDE in polymeric applications’ and ‘Lead in lead-bronze bearing shells and bushes’ be added to the list of exempted applications in the annex; this proposal being made on the basis of consultation with producers of electrical and electronic equipment, recyclers, treatment operators, environmental organisations and employee and consumers associations. The RoHS Directive provides that any exemptions listed in the annex will be reviewed four years after their entry into force. Therefore, the review of each exemption provided for in this Decision would be done before 2010.

Conclusion It was agreed that the proposal did not warrant further scrutiny, but that the Department be requested to inform the Committee if new evidence does come to light with respect to DecaBDE.

22 5.10 COM (2005) 249 Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of bicycles originating in Vietnam, amending Regulation (EC) No.1524/2000 regarding imports of bicycles from the People’s Republic of China.

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

The draft Regulation contains proposed definitive8 Anti-Dumping measures following two parallel investigations into the alleged dumping of bicycles from the countries concerned: (a) to impose AD duties, for the first time, on imports of bicycles from Vietnam, of between 15.8% and 34.5%; and (b) to maintain measures in force on imports of bicycles from China (in this case, the purpose of the investigations was to examine whether the existing measures on imports were no longer sufficient to counteract the dumping which was causing injury) with the AD duty to be increased for all Chinese imports from its existing level of 30.6%, to a proposed 48.5%

8 In the case of Vietnam, Provisional measures were not imposed as a forerunner to the now proposed Definitive measures. A combination of factors including, the fact that the interim review of the Chinese measures were not concluded in time and given that the two investigations (China and Vietnam) are linked, particularly regarding the injury analysis, resulted in the non-imposition of Provisional AD measures. 23 5.11 COM (2005) 258 Proposal for a Council Decision on a Community position in the Association Council on the implementation of Article 73 of the EU-Israel Association Agreement.

Lead Department Foreign Affairs Other Department(s) Across a range of Government Departments

The Association Agreement forms the legal framework governing bilateral relations between the EU and Israel. Article 73 of the Association Agreement provides for the setting up of the bodies necessary for its implementation. The European Commission is proposing the establishment of several subcommittees to support the Association Council and Committee in the implementation of the Association Agreement. The functioning of the European Neighbourhood Policy and its Action Plans across a wide range of sectors also requires the establishment of the proposed subcommittees. The ten subcommittees proposed will deal with (i) political dialogue and cooperation; (ii) economic and financial matters; (iii) social and migration affairs; (iv) customs cooperation and taxation; (v) agriculture and fisheries; (vi) internal market; (vii) trade, industry and services; (viii) justice and legal matters; (ix) transport, energy, and environment; and (x) research, innovation, information society, education and culture. They will be chaired by the Commission. In the event that a particular subject of discussion in the “Political dialogue and Cooperation” or the “Justice and Legal Matters” subcommittees falls outside the remit of Community competencies, the Sub-committee will be chaired by the Council Presidency. The subcommittees will work under the authority of the Association Committee to which they shall report after each of their meetings.

24 5.12 COM (2005) 267 Proposal for Council Decisions on the signature, provisional application, and conclusion of the Agreement between the European Community and New Zealand on certain aspects of air services.

Lead Department Transport Other Department(s) None

A number of these agreements are currently being negotiated between the European Community and various 3rd countries. The purpose of these agreements is to change existing bilateral air service agreements between Member States and 3rd countries, which will in effect allow any EU carrier to operate services from those Member States to that 3rd country. It will not replace the bilateral agreements in place between the EU Member States and New Zealand but will bring them in line with EU law. It follows on the November 2002 rulings by the European Court of Justice, which recognised that nationality restrictions in bilateral air services agreements are contrary to EU law. Bilateral air services agreements between EU Member States and third countries must permit non-discriminatory market access to all EU airlines. This agreement is consistent with the mandate approved by the Transport Council on 5 June 2003 in relation to negotiations with third countries and as such no further negotiations are expected on this issue.

25 5.13 COM (2005) 268 Proposal for a Council Regulation to terminate a new exporter review of anti-dumping duties on imports of urea ammonium nitrate (UAN) originating from among other places, Algeria.

In October 2004 an Algerian exporter requested a new exporter review on the basis that it is not related to an existing producer and had not exported UAN during the original investigation period. The community industry alleged that the applicant is related to the sole Algerian producer. This allegation was not confirmed but the investigation revealed that the applicant’s cost accounting records contained shortcomings and could not be regarded as appropriate to determine a dumping margin. Consequently the existing anti-dumping measures should be maintained in respect of the applicant. Anti-dumping measures applicable to the applicant are levied retroactively.

26 5.14 COM (2005) 270 Proposal for a Council Decision on the conclusion of an agreement between the European Community and the Government of Ukraine on trade in certain steel products.

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

The Community’s Partnership and Cooperation Agreement (PCA) with Ukraine provides that trade in certain steel products must be the subject of an Agreement between the Parties. An earlier Agreement between on trade between the Community and Ukraine in certain steel products covered the period up to 31/12/2004. By its Decision of 2/11/2004, the Council authorised the Commission to negotiate a new Agreenemt for the period 2005-2006. Negotiations leading to the new Agreement have been completed successfully. That new Agreement sets quantitative limits for imports into the Community of certain steel products and will apply from the date of entry into force until 31/12/2006 or until Ukraine’s accession to the WTO, whichever date is earlier.

27 5.15 COM (2005) 271 Proposal for a Council Regulation on administering certain restrictions on imports of certain steel products from Ukraine.

The Community’s Partnership and Cooperation Agreement (PCA) with Ukraine provides that trade in certain steel products is governed by an Agreement between the Parties. A new agreement has been negotiated and sets quantitative limits for imports into the Community of certain steel products and will apply from date of entry into force until 31 December 2006 or until Ukraine’s accession to the WTO, whichever date is earlier. This proposal for a Regulation provides for the necessary implementing legislation of the agreement concluded between the EC and Ukraine in trade for certain steel products.

28 5.16 COM (2005) 273 Proposal for a Council Regulation adopting autonomous and transitional measures to open a Community tariff quota for the import of live bovine animals originating in Switzerland.

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

Regulation (EC) No 1922/2004 established preferential trading arrangements for the importation of live cattle into the EU from Switzerland in the form of autonomous and transitional measures. These measures were adopted pending a formal amendment to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

While the EU has finalised its internal procedures for amending the Agreement the Swiss Confederation has not yet done so but has confirmed the extension of its corresponding autonomous measures and that its internal procedure should be finalised before the end of 2005. The proposal is therefore to extend the tariff-quota arrangement until 31 December 2005, to allow trade to continue.

29 5.17 COM (2005) 279 Proposal for a Council Regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of barium carbonate originating in the People’s Republic of China.

AD proceedings were initiated in April 2004. Product concerned is barium carbonate whether in powder, pressed granular or calcined granular form, falling within CN code ex 2836 60 00, and is used in the bricks, ceramics and glass industry. The sole EU producer is based in Germany. Cion argues that and the sole EU producer needs protection from unfair trade practices and the impact of duties for users would be minimal as the share of the barium carbonate in production costs is below 8%. The aim of the proposal as reflected in the proposal and, in particular, as notified at recitals 41 to 44 on the question of Community interest is “by no means to stop access to the Community market for producers from China, but rather to restore a level playing filed that had been distorted by unfair trading practices”.

Conclusion Based on the additional information provided by the Department it was agreed that the proposal did not warrant further scrutiny. It was also agreed that the Department be again requested to inform the Secretariat of any significant developments in relation to its consultation process following the submission of early warning notes.

30 5.18 COM (2005) 281 Proposal for a Council Decisions on the signature and conclusion of a Protocol to the Framework Agreement for Trade and Co-operation between the EC and Republic of Korea to take account of the accession of the ten new Member States in 2004.

Lead Department Foreign Affairs Other Department(s) None

Following the enlargement of the EU in May 2004, the terms of a number of existing Agreements and Protocols to Agreements between the EU and certain third countries have been revised to include the new Member States. According to the terms of Article 6(2) of the Act of the new EU Member States to the EU, the accession of the new Member States to the Framework Agreement for Trade and Cooperation with the Republic of Korea shall be agreed by the conclusion of a protocol to this agreement. On 3 December 2004, the Council approved a mandate for the Commission to negotiate such a protocol with the Republic of Korea. The text of the protocol was initialled by the Commission and the Korean authorities on 14 April 2005. The draft protocol provides for the accession of the new Member States to the EU-Korea Framework Agreement for Trade and Cooperation and the inclusion of the new official languages of the EU.

31 5.19 COM (2005) 283 Proposal for a Council Regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty on imports of Hand Pallet Trucks and their essential parts originating in the People’s Republic of China.

AD proceedings were initiated in April 2004. Product concerned is hand pallet trucks, not self propelled, used for handling of material normally placed on pallets, and their essential parts. The complaint was made by 4 producers based in Sweden, Germany, and Italy. Provisional AD measures were imposed in January 2005. The aim of the proposal is to impose anti- dumping duties of between 7.6% and 39.9% for specific exporting companies, with a 46.7% duty for all other companies, on imports of the products concerned from China.

32 5.20 COM (2005) 291 Proposal for a Council Decision amending Annex II of Directive 2000/53/EC on end of life vehicles.

Lead Department Environment, Heritage and Local Government. Other Department(s) Enterprise, Trade and Employment. Transport.

Directive 2000/53/EC on end of life vehicles (ELVs) sets out measures to be put in place by Member States in relation to the free take-back of ELVs by their last owners to authorised treatment facilities and provides also for the subsequent environmentally sound treatment, dismantling, reuse and recycling of ELVs. Article 4(2)(a) of the Directive further requires Member States to ensure that the materials and components of vehicles placed on the market after 1 July 2003 do not contain lead, mercury, cadmium or hexavalent chromium unless exemptions for specific applications of their use have otherwise been provided for in Annex II of the Directive.

The aim of this current proposal is to amend the current Annex II of the Directive (previously revised by Commission Decision 2002/525/EC of 27 June 2002 amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end of life vehicles) according to technical and scientific progress, as provided for under Article 4(2)(b) of the Directive. The proposal recommends that certain exemptions from the prohibition be removed because the use of lead, mercury, cadmium or hexavalent chromium in specified applications have now become avoidable - other exemptions from the prohibition specified in Annex II should remain, or be the subject of review, since their use is still unavoidable in specific applications.

Conclusion Based on the current indications from the Department that the implications of the adoption of the proposal are not significant for Ireland, it was agreed that the proposal currently did not warrant further scrutiny.

33 5.21 COM (2005) 295 Proposal for a Council Regulation amending Regulation (EC) No.2268/2004 imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China.

The review was initiated in March 2004, following a request lodged by Eurometaux. The investigation was limited in scope to the definition of the product subject to the measures in force. Product concerned is used by the hard metal industry to make drill heads and other applications where durability is required. Applicant alleged that a new product type had appeared on the market and should be included in the product scope. The aim of the proposal is to clarify the existing measures and cover the new product type.

34 5.22 COM (2005) 310 Proposal for a Council Regulation amending Regulation (EC) No.27/2005 regarding herring, mackerel, horse mackerel, octopus and vessels engaged in illegal fisheries.

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

The Total Allowable Catches (TACs) and Quotas Regulation for 2005 (Regulation 27/2005) were agreed at Agriculture and Fisheries Council on 22 December 2004. This proposal aims to amend this Regulation in a number of respects:  adjustment to Finland’s Baltic herring quotas ,  adjustment of minimum size of Octopus in the CECAF Region (eastern central Atlantic);  adjustment to the management area for mackerel and horse mackerel in ICES Area Vb to include international waters (waters around Faroes);  New measures on weighing of pelagic species (herring, mackerel, horse mackerel);  implementation of NEAFC (North-East Atlantic Fisheries Commission) decision on publishing a list of vessels engaged in illegal, unreported and unregulated (IUU) fishing.

Conclusion It was agreed that the proposal did not warrant further scrutiny, but that the proposal be forwarded for information to the Joint Committee on Communications, Marine and Natural Resources.

35 5.23 COM (2005) 183 Proposal for Council Decisions regarding the signature and conclusion of an Agreement between the EC and the Swiss Confederation to revise the Agreement on mutual recognition in relation to conformity testing.

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

The Agreement between the European Community and the Swiss Confederation (“the Parties”) on mutual recognition in relation to conformity assessment9 entered into force on 1 June 2002. With a view to further improving and simplifying the functioning of the Agreement, the Parties have decided to revise the Agreement in certain parts. The revisions are intended to reduce the administrative burden related to the management of the agreement, to further facilitate trade, and to clarify and simplify the operation of the agreement. These revisions are mainly administrative in nature: Article 10 will be revised so that the Committee set up under the Agreement no longer needs to make formal Decisions to recognise, modify the scope of, or withdraw recognition of conformity assessment bodies in cases where the recognition, withdrawal or change in the scope of activity of the conformity assessment body has not been contested by the other Party. In cases where the recognition, withdrawal or change in the scope of activity of a conformity assessment body has been contested, a formal Decision will still be required.

New procedures are clearly set out in Article 11 for all possible courses of action related to the recognition, withdrawal of recognition, modification of the scope, and suspension of conformity assessment bodies.

A new paragraph will be added to Article 11 to clarify the situation regarding the validity of certificates issued by conformity assessment bodies whose recognition has been withdrawn.

The wording of Articles 1, 5, 6, 7, 8, 9 and 10 has been changed to reflect the revisions to Articles 10 and 11.

Certain provisions in Article 6 that duplicate provisions in Article 11 have been deleted.

The reference in Article 8(2) to the Chairman of the Committee is erroneous as the Committee is co-chaired by the Parties and has therefore been deleted.

92002/309/EC, Euratom; OJ L114/1, 30.04.2002 36 Article 2 refers to specified editions of the relevant ISO/IEC guides. In order to avoid the need to modify the Agreement each time a new edition of the ISO/IEC guide is produced, the specific reference has been deleted from Article 2 and replaced by a general reference to definitions laid down by ISO and IEC. The reference to the definitions laid down in European standards 45020 (1993 edition) is no longer valid and has therefore been deleted from Article 2.

An obligation to indicate possible suspensions of recognised conformity assessment bodies in the list of recognised conformity assessment bodies has been included in Article 8.

A requirement for designating authorities to use their best endeavours to ensure that recognised conformity assessment bodies co-operate in an appropriate way has been introduced into Article 9.

To facilitate trade, and to simplify the operation of the Agreement in cases where there may be doubts as to its applicability, the rule of origin in Article 4 has been abolished. The Agreement will apply to all products covered by it, irrespective of their origin.

In order to increase transparency in operation, an obligation to notify in writing any changes to relevant legislative, regulatory and administrative provisions has been added in Article 12.

In view of the need for these changes, it is desirable to adopt Decisions of the Council for the signature, and conclusion, of an Agreement with the Swiss Confederation revising the Agreement.

37 5.24 COM (2005) 289 Proposal for a Council Regulation (EC, EURATOM) repealing Regulation No 6/66/Euratom, 121/66/EEC of the Councils, Regulation No 7/66/Euratom, 122/66/EEC of the Councils and Regulation No 174/65/EEC, 14/65/Euratom of the Councils.

Lead Department Finance Other Department(s) Foreign Affairs.

The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities were reformed in 2004. This has led to the repeal of various implementing provisions, and the three Regulations above are being repealed in this context as they have also become obsolete. The proposal improves transparency and legal certainty by repealing legal provisions that have become obsolete, thereby reducing the acquis communautaire, which should only contain provision of practical value.

38 5.25 COM (2005) 266 Proposal for a Regulation establishing accompanying measures for Sugar protocol countries affected by the reforms of the EU sugar regime.

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

Eighteen African, Caribbean and Pacific (ACP) countries that are signatories to the Sugar Protocol with the EU have been exporting sugar to the EU under preferential tariff arrangements for almost thirty years. The reform of the EU sugar regime which has been proposed by the Commission (see Information Note COM(2005)263 final) is likely to have a significant impact on this trade and on the economies of the ACP countries.

In order to assist the ACP countries to adapt successfully to the new EU market conditions following the sugar reform, the Commission is proposing a programme of development assistance to up-grade sugar production and to diversify into other activities. It is proposed to implement the programme as early as possible in order to maximise the prospects for successful transitions. The development assistance will be channelled to the ACP countries through agreed country specific strategies in the overall context of economic growth and poverty reduction.

The proposal aims to give a legal basis for delivering development assistance during 2006. The period 2007-2013 will be covered by specific measures under the next Financial Perspectives for the period 2007-2013.

Conclusion It was agreed that the proposal did not warrant further scrutiny, but that it be forwarded for information to the Committee on Agriculture and Food in context of its consideration of the Commission’s related proposal to reform the Sugar Regime.

39 Section 6 Adopted Measures No adopted measures have been received for this meeting. Section 7 Early Warning Notes

7.1 EWN: Regn 628/2005

Provisional anti-dumping measures in relation to imports of salmon originating in Norway.

Lead Department Enterprise, Trade and Employment. Communications, Marine and Natural Resources. Other Department(s) None Conclusion It was agreed that the proposal did not warrant further scrutiny.

7.2 EWN: Regn 552/2005

Provisional measures on certain magnesia bricks originating in the People’s Republic of China.

Lead Department Enterprise, Trade and Employment Other Department(s) None Conclusion It was agreed that the proposal did not warrant further scrutiny.

7.3 EWN: Regn 771/2005

Provisional anti-dumping duty on imports of certain steel fasteners and part thereof originating in the Peoples’s Republic of China, Indonesia, Taiwan, Thailand, and Vietnam.

40 7.4 EWN: Regn 2042/2000

Initiation of a review to amend to anti-dumping measures in relation to television camera systems.

41 Appendix 1

JOINT COMMITTEE ON EUROPEAN AFFAIRS

ORDERS OF REFERENCE

Dáil Éireann on 16 October 2002 ordered:

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

(1) (a) That a Select Committee, which shall be called the Select Committee on European Affairs, consisting of 11 Members of Dáil Éireann (of whom four shall constitute a quorum), be appointed to consider— (i) such Bills the statute law in respect of which is dealt with by the Department of Foreign Affairs; and (ii) such proposals contained in any motion, including any motion within the meaning of Standing Order 157 concerning the approval by the Dáil of international agreements involving a charge on public funds, as shall be referred to it by Dáil Éireann from time to time. (b) For the purpose of its consideration of Bills and proposals under paragraphs (1)(a) (i) and (ii), the Select Committee shall have the powers defined in Standing Order 81(1), (2) and (3). (c) For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 90(1), the Minister for Foreign Affairs (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote. (2) (a) The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on European Affairs to— (i) scrutinise, in the context of European Union issues and measures to be taken by the Council of Ministers of the European Union— (I) any proposals under the Community treaties for legislation by the Council or the Council acting jointly with the European Parliament, (II) any document which is published for submission to the European Council, the Council or the European Central Bank, (III) any proposal for a common strategy, a joint action or a common position under Title V of the Treaty on European Union which is prepared for submission to the Council or to the European Council, (IV) any proposal for a common position, framework decision, decision or a convention under Title VI of the Treaty on 42 European Union which is prepared for submission to the Council, (V) any document (not falling within (II), (III), or (IV) above) which is published by one Union institution for or with a view to submission to another Union institution and which does not relate exclusively to the consideration of any proposal for legislation, and (VI) any other document relating to European Union matters deposited in both Houses of the Oireachtas by a Member of the Government or Minister of State, as it may select; (ii) consider such matters arising from Ireland’s membership of the European Communities and its adherence to the Treaty on European Union, as it may select; (iii) consider such - (I) acts of the institutions of the European Communities, (II) regulations under the European Communities Acts, 1972 to 1998, (III) other instruments made under statute and necessitated by the obligations of membership of the European Communities, as it may select; (iv) consider such other matters as may be referred to it from time to time by both Houses of the Oireachtas; And (v) represent both Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC); and shall report thereon to both Houses of the Oireachtas.

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

(c) The following persons may attend meetings of the Joint Committee and of its sub- 43 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.’.”

44 Section 1 Proposals warranting further scrutiny.

1.1 COM (2005) 222 - Information Note

1. Proposal Proposal for a Council Decision concerning the negotiation of the accession of the European Atomic Energy Community (Euratom) to an international Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear-related research

2. Full Title of Proposal Proposal for a Council Decision concerning the negotiation of the accession of the European Atomic Energy Community (Euratom) to an international Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear-related research

3. Date of Council document 31 May 2005

4. Number of Council document 9569/05, RECH 126, ATO 57

5. Number of Commission document: COM (2005) 222 final

6. Dealt with in Brussels by Joint Research/Atomic Questions Working Group (Council Working Group)

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 The aim of this proposal is to authorise the European Commission to negotiate the accession of Euratom to an International Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear-related research.

The Generation IV initiative was launched by the US DOE at the beginning of 2000. The aim of this initiative is to facilitate international cooperation in the field of research and development for the next generation of nuclear energy systems. Several European countries (United Kingdom, France and Switzerland), as well as Japan, Korea, South Africa, Argentina, Brazil and Canada, have joined. To this end, these countries signed the Charter of the Generation IV International Forum (GIF). The European Commission decided on 4

45 November 2002 that the European Atomic Energy Community (Euratom) should adhere to the Charter. The Charter was subsequently signed on behalf of Euratom on 30 July 2003. This Charter is essentially a political agreement with no financial implications.

In November 2004 the US produced a draft Framework Agreement in order to create a legally binding framework which will enable research and development work at project level in addition to sharing of results. The accession by Euratom to the Framework Agreement requires the endorsement of the European Council before it can go ahead

10. Legal basis of the proposal Euratom Treaty, and in particular Article 101(2) thereof

11. Voting Method QMV

12. Role of the EP Consultation

13. Category of proposal Some significance

14. Implications for Ireland Nuclear Fission and Radiation Protection comprise a significant element of Euratom’s (seventh) Framework Programme (FP7) and are administered by a Consultative Committee on Fission. Ireland is represented on this Committee by the Nuclear Safety Section and the Radiological Protection Institute of Ireland (RPII).

At the committee’s meeting in October 2004, members were asked to endorse the draft FP7 which proposed inter alia that the FP6 allocation in respect of research into new reactor systems (Generation IV) be doubled in FP7. Ireland argued strongly that this was inappropriate and that the proposal would be at the expense of nuclear safety of existing reactors.

Ireland was supported by Germany, Austria, and Denmark in opposing this proposal by the Commission to accede to the International Framework Agreement, and essentially continues to do so. However, under QMV there is no blocking minority and it has sufficient support from other member states, so the reality is that it will be adopted by Council.

15. Anticipated negotiating period Not known, but likely to be agreed as an “A” point just before summer recess

16. Proposed implementation date No target date known, it depends on the timing and number of signatures to the Framework Agreement

17. Consequences for national legislation None 46 18. Method of Transposition into Irish Law Not Relevant

19. Anticipated Transposition date Not Relevant

20. Consequences for the EU budget in euros annually Unknown at this time. The direct Euratom contribution to GIF will be designated by the Research and Development Framework Programmes

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

Joe Mooney Nuclear Safety Section Department of Environment, Heritage And Local Government Tel: 8882128 [email protected]

Date: 28 June 2005

47 1.2 COM (2005) 246 - Information Note

1. Proposal Proposal for a Directive of the European Parliament and the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time.

2. Title Proposal for a Directive of the European Parliament and the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time.

3. Date of Council document 31/05/2005

4. Number of Council document 2004/0209 (COD)- Inter-institutional File Reference 9554/05 SOC 244

5. Number of Commission document: COM (2005) 246 final (which amends Com (2004) 607)

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

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

8. Other Departments involved Department of Health and Children

9. Short summary and aim of the proposal Background The European Commission submitted in January 2004 a Communication on the re- examination of the Working Time Directive. As well as being addressed to various Community institutions, the Communication was also the basis of a consultation of the social partners in accordance with Article 138(2) of the Treaty.

The Communication examined a number of sensitive issues, in particular (a) the reference periods for the calculation of working time, (b) the use of the opt-out provisions, (c) the impact of the recent Rulings of the Court of Justice in the SIMAP and Jaeger Cases which cause particular problems for the healthcare sector and (d) the reconciliation of working and family life. A deadline of 31 March 2004 was set for receipt of submissions from the various interests.

The European Commission published its proposals to amend the Working Time Directive on 22 September 2004 (ref: COM (2004) 607 FINAL). The critical issues addressed in the new proposal are: 48  The length of reference period over which average working time is calculated;  The definitions of (a) "working time", following recent European Court of Justice rulings; (b) time spent "on call" and (c) clarification of “ compensatory rest”;  The conditions for the application of the "opt-out" from the 48 hours ceiling on maximum weekly working hours.

The Commission’s proposal was the subject of an Oireachtas Scrutiny Debate by the Joint Oireachtas Committee on Health and Children on Thursday 17 February 2005.

Current Position The European Parliament gave its Opinion on the Commission’s original proposal on 11 May 2005. This Opinion included proposals for a number of amendments. In the light of this, the Commission published a Revised Proposal on 31 May 2005. The Commission’s Revised proposal accepted 13 amendments by the Parliament, which the Commission considers will improve the proposal and maintain its aims and political viability, taking account of the positions already expressed by Member States to the Employment, Social Policy, Health and Consumer Affairs Council. The amendments are as follows: – amendment No 1 (citing the conclusions of the Lisbon European Council): see recital No 4; – amendment No 2 (rewording recital No 4): see recital No 4; – amendment No 3 (reference to increasing the rate of employment amongst women): see recital No 5; – amendment No 4 (addition of a reference to compatibility between work and family): see recital No 7; – amendment No 8 (citing Article 31(2) of the Charter): see recital No 14; – amendment No 11 (aggregation of hours in cases involving several employment contracts): see recital No 2; – amendment No 12 (addition of a provision concerning compatibility between work and family life): see Article 2b; – amendment No 13 (deletion of Article 16b(2)): see Article 16; – amendments Nos. 16 and 18 (compensatory rest time): see Articles 17(2) and 18(3); – amendment No 17 (correction of an error): see the first indent of Article 17(5); – amendment No 19 (reference period): see Article 19; – amendment No 24 (provision concerning the validity of opt-out agreements signed prior to the entry into force of this Directive): see Article 22(1c).

10. Legal basis of the proposal Article 137 of the Treaty

12. Role of the EP Co-decision

49 13. Category of proposal The proposal is of major significance to Member States particularly in the health care sector.

14. Implications for Ireland The proposal is of significance to all sectors of the economy, but particularly in the health care sector. Consultations with ICTU and IBEC and the Department of Health and Children are ongoing as part of the consultation/negotiation process.

15. Anticipated negotiating period Negotiations are expected to continue during 2005 and into the first half of 2006 under the co-decision process with the European Parliament.

16. Proposed implementation date Member States are anxious to get the proposed amending Directive agreed as quickly as possible

17. Consequences for national legislation Amendment of the Organisation of Working Time Act 1997 will be required

18. Method of Transposition into Irish law Amendment of the Organisation of Working Time Act 1997

19. Anticipated Transposition date It is expected that transposition will be required within two years of adoption by the Council i.e. during 2008.

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 Michael Pender Assistant Principal Officer Department of Enterprise, Trade and Employment Employment Rights Legislation Section Davitt House, 65a Adelaide Road Dublin 2. Telephone No: (01) 6313208; E-Mail: [email protected] Date: 30 June 2005

50 1.3 COM(2005) 263 - Information Note:

1. Proposal Reform of the EU Sugar Regime

2. Title i. Proposal for a Council Regulation on the common organisation of the markets in the sugar sector. ii. Proposal for a Council Regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. iii. Proposal for a Council Regulation establishing a temporary scheme for the restructuring of the sugar industry in the European Community and amending Regulation (EC) No 1258/1999 on the financing of the common agricultural policy.

4. Number of Council document 10514/05

5. Number of Commission document COM (2005)263 final

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

7. Department with primary responsibility Department of Agriculture and Food

8. Other Departments involved None

9. Short summary and aim of the proposal The production of sugar in all Member States of the European Union is regulated by the EU sugar regime. The regime sets out production quotas for sugar, a guaranteed minimum price at which sugar produced under quota can be marketed in the EU and a minimum price for beet, which sugar manufacturers are required to pay the growers.

51 The main elements of the reform are:  A reduction of 39% in the price of sugar and 42% in the price of sugar beet  Compensation to farmers at 60% of the reduction in the support price  A voluntary restructuring scheme with funding for factories for “factory closure and renunciation of quota”  No compulsory quota cuts for the first four years.

10. Legal basis of the proposal Articles 36 and 37 of the Treaty

11. Voting method QMV

12. Role of EP Consultation

13. Category of proposal Major significance

14. Implications for Ireland An impact assessment conducted by the European Commission identifies Ireland as one of the Member States where as a result of the proposed reforms, sugar production is likely to be drastically reduced or even phased out. This is in line with the Department’s own assessment.

15. Anticipated negotiating period UK Presidency aims to get agreement at Council in November 2005

16. Proposed implementation date 1 July 2006

17. Consequences for national legislation None

18. Method of Transposition into Irish law N/A

19. Anticipated Transposition date N/A

20. Consequences for the EU budget in euros annually The Commission’s estimates that the cost of the new measures proposed for this sector, for which the direct decoupled payment to producers represents the major element, will be mainly offset by the savings resulting from the substantial reduction in export refund expenditure and abolition of refining aid.

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

Ms Bridie O’Neill Principal Officer, Crops Policy Division Telephone No. 01 6072085 Email: [email protected]

Date: 18 July 2005

53 1.4 COM(2005) 284 - Information Note:

1. Proposal For the Council to authorise the import and use of genetically modified maize product (Zea mays L., line 1507) as animal feed and in industrial processing throughout the EU. The proposal excludes cultivation.

2. Full Title of Proposal Proposal for a Council Decision concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate-ammonium.

4. Number of Council document 10785/05, AGRI 183, ENV 339

6. Dealt with in Brussels by Regulatory Committee established under Directive 2001/18/EC

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

8. Other Departments involved Department of Agriculture and Food and the Department of Health and Children

9. Short summary and aim of the proposal The proposal is for the Council to authorise genetically modified maize product (Zea mays L., line 1507) for import into the Community and its subsequent use for animal feed and industrial processing. The proposal does not include cultivation.

The product concerned is genetically modified for resistance to certain insect pests and for tolerance to the herbicide glufosinate-ammonium.

Following a positive assessment of the proposal by the competent authority of the Netherlands, the proposal was considered by each national competent authority under Directive 2001/18/EC (in Ireland’s case, EPA). EPA (following consultations with other relevant bodies - the Departments of Agriculture and Food and Health and Children, Teagasc, and the GMO and novel foods sub-committee under the Food Safety Authority of Ireland’s scientific committee) raised no objections to the proposal. However, a number of competent authorities expressed and maintained reservations so, in accordance with the Directive’s requirements, the proposal was brought before a meeting of the Regulatory Committee for the 54 purposes of the Directive. In bringing the proposal to the Regulatory Committee, the Commission sought the advice of EFSA (the European Food Safety Authority). EFSA concluded that “there is no evidence that the placing on the market of maize line 1507 and derived products is likely to cause adverse effects on human and animal health and the environment in the context of its proposed use.”

The vote on the product was taken by written procedure following the meeting of the Regulatory Committee. Accordingly, the voting positions of individual member States are not available to us.

Ireland abstained in the vote and the proposal did not receive a qualified majority (232 votes required). The outcome of the vote was as follows:

Against 112 votes

In favour 116 votes

Abstained 93 votes

10. Legal basis of the proposal Articles 95 and 251

13. Category of proposal Some significance as, should a QMV emerge from the Council, either for or against, it would be the first exercise by the Council of its decision-making role in respect of a proposal to authorise a GM product.

14. Implications for Ireland Approval of the proposal would enable import into Ireland and the EU generally for animal feed and industrial processing of the product concerned.

15. Anticipated negotiating period The proposal is expected to come before the Environment Council Meeting in October 2005.

16. Proposed implementation date There is no target date.

17. Consequences for national legislation There are no consequences for national legislation.

55 18. Method of Transposition into Irish Law Not applicable

19. Anticipated Transposition date Not applicable

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

21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Ronnie Devlin 00353 1 8882086 [email protected]

56 Section 2 Title IV Measures

2.1 Com (2005) 236 - Information Note

1. Proposal Regulation on the establishment, operation and use of SIS II

2. Title Proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen information system (SIS II).

5. Number of Commission document: COM(2005)236 final

6. Dealt with in Brussels by Schengen Acquis Working Group Justice and Home Affairs Council

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

9. Short summary and aim of the proposal This proposal is part of a group of instruments which are required to provide a legal basis for the second generation Schengen Information System (SIS II).

57 The new system is required because the existing system is reaching the end of its useful life and cannot be expanded to cater for the 10 new Member States. The new system will also provide for certain new functions.

10. Legal basis of the proposal Articles 62(2)(a) and Article 66 of the Treaty establishing the European Community

12. Role of the EP Co-Decision

13. Category of proposal Essentially Technical

14. Implications for Ireland Following Oireachtas approval, Ireland has applied to participate in the provisions of the Schengen Convention which are not concerned with the abolition of border controls. As the proposed Regulation deals with elements of the Convention which will not apply to Ireland (i.e. exchanges of information relating to travel across borders), Ireland is not participating in the Regulation.

15. Anticipated negotiating period It is anticipated that the three draft EU instruments will be agreed by end 2006. The EU Commission has indicated that SIS II is due to be in place by March 2007

16. Proposed implementation date Implementation date is set in accordance with Article 65(3) of the proposed Decision on the establishment, operation and use of SIS II. This provides that the date of application of inter alia these provisions will be implemented after the necessary implementing measures have been adopted, and after each Member State has reported to the European Commission that they have made the necessary legal and technical arrangements for SIS II.

17. Consequences for national legislation N/A

18. Method of Transposition into Irish law 58 N/A

19. Anticipated Transposition date Before operation of the SIS.

20. Consequences for the EU budget in euros annually The EU Commission estimate that the operation and administration of SIS II at EU level will cost €156m from 2007 to 2013.

Michael Kirrane Garda Planning Division Tel: 01-4086105 Email:[email protected]

Elaine Cassidy Assistant Principal Officer Interntional Policy Division Tel: 01-4768610 Email:[email protected]

Date 7 July 2005

59 Section 3 CFSP Measures

3.1 CFSP (2005) 556 - Information Note

1. Proposal Appointment of an EU Special Representative for Sudan

2. Title Council Joint Action 2005/556/CFSP of 18 July 2005 appointing a Special Representative of the European Union for Sudan

3. Date of Council document 30 June 2005

4. Number of Council document N/A

5. Number of Commission document (if applicable) N/A

6. Dealt with in Brussels by RELEX Working Group, COREPER, Council

7. Department with primary responsibility Department of Foreign Affairs

8. Other Departments involved N/A

9. Short summary and aim of the proposal This Council Joint Action establishes the mandate for an EU Special Representative to Sudan. The mandate of the Special Representative will be based on the policy objectives of the European Union regarding Sudan, including (i) supporting the African Union and the United Nations in the search for a political settlement of the conflict in Darfur, (ii) facilitating the implementation of the Comprehensive Peace Agreement, (iii) promoting South-South dialogue, and (iv) ensuring maximum effectiveness and visibility of the EU's contribution to AMIS. The Joint Action notes the regional ramifications of these issues and stresses the principle of African ownership. The EUSR shall regularly report to the PSC on the implementation of the EU assistance to AMIS and on the evolution of the situation in Darfur as well as in Sudan as a whole.

Mr. Pekka Haavisto of Finland has been appointed as the Special Representative. 60 10. Legal basis of the proposal The Treaty on the European Union, and in particular Articles 14, 18(5) and 23(2) thereof.

13. Implications for Ireland None

14. Date and formation adopted General Affairs and External Relations Council on 18th July 2005.

15. Implementation date 18 July 2005

17. Consequences for the EU budget in euro annually €675,000 for six months

18. Contact name, telephone number and e-mail address of official in Department of Foreign Affairs Pat Kelly Africa Section Tel: 408 2073 Email: [email protected]

Date 22 July 2005

61 3.2 CFSP (2005) 557 - Information Note

1. Proposal Joint Action on the European Union civilian-military supporting action to the African Union monitoring mission in the Darfur region of Sudan (AMIS II)

2. Title Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union monitoring mission in the Darfur region of Sudan (AMIS II)

3. Date of Council document 1 July 2005

4. Number of Council document N/A

5. Number of Commission document (if applicable) N/A

6. Dealt with in Brussels by RELEX Working Group, COREPER, Council

9. Short summary and aim of the proposal Through this Joint Action, the European Union establishes an EU civilian-military supporting action to AMIS II – the African Union Mission in Sudan, with the objective of ensuring effective and timely EU assistance in support of the mission. The EU will assist the African Union in its political, military and police efforts to address the crisis in the Darfur region of Sudan, while respecting the principle of African ownership. This supporting action shall include a civilian and military component. The SG/HR and the EUSR for Sudan, within their mandates, shall act as primary point of contact with the representatives of the African Union for matters relating to the implementation of this Joint Action. The Presidency shall be kept regularly and promptly informed on these contacts.

10. Legal basis of the proposal The Treaty on the European Union, and in particular Article 14, Article 25, third paragraph, Article 26 and Article 28 (3) thereof.

62 11. Voting Method Unanimity

13. Implications for Ireland An Irish Military Officer will participate in this action.

14. Date and formation adopted General Affairs and External Relations Council on 18th July 2005.

15. Implementation date 18 July 2005

17. Consequences for the EU budget in euro annually €2.12 million

18. Contact name, telephone number and e-mail address of official in Department of Foreign Affairs Pat Kelly Africa Section Tel: 408 2073 Email: [email protected]

Date 22 July 2005

63 3.3 CFSP (2005) 561 - Information Note

1. Proposal Council Joint Action for a further contribution by the European Union to assist the OSCE Mission to Georgia in conflict settlement in Georgia/South Ossetia.

2. Title

Council Joint Action 2005/561/CFSP regarding a further contribution of the European Union to the conflict settlement process in Georgia/South Ossetia.

3. Date of Council document 18 July 2005

4. Number of Council document 2005/561/CFSP

5. Number of Commission document: N/A

6. Dealt with in Brussels by Political and Security Committee (PSC) External Relations (RELEX) Working Party COREPER General Affairs and External Relations Council

9. Short summary and aim of the proposal The EU previously provided a contribution to the conflict settlement process in Georgia/South Ossetia under Joint Action 2003/473/CFSP (adopted 25 June 2003), which expires on 30 June 2005. In response to an appeal from the OSCE for follow- up assistance, the EU shall finance meetings, under the aegis of the OSCE, of the Joint Control Commission (JCC) and of the Experts’ Group, which are the main instruments of the conflict settlement process. The contribution will also provide for organisation of conferences under the aegis of the JCC, and certain equipment and running costs of the JCC secretariat. This assistance effectively reinforces the role of the EU and the OSCE in the settlement of this conflict.

64 Disbursement of this financial aid is made conditional upon the holding of regular meetings of the JCC, and other mechanisms of the JCC framework, over the next twelve months. Both Georgian and South Ossetian authorities should make demonstrable efforts to achieve real political progress towards a lasting settlement. The Joint Action will expire on 30 June 2006, and will be reviewed after ten months.

10. Legal basis of the proposal Article 14 of the Treaty on European Union.

11. Voting Method Unanimity

12. Role of the EP N/A

13. Category of proposal No significance

14. Implications for Ireland None.

15. Date and formation adopted General Affairs and External Relations Council, 18 July 2005

16. Implementation date 1 July 2005.

17. Consequences for national legislation None

18. Consequences for the EU budget in euro annually

The budget allocation is €133,000

Kathryn Coll Political Division Tel. +353 1 4082188 E-mail: [email protected]

22 July 2005

65 Section 4 Deferred Documents

4.1 COM (2005) 7307 - Information Note

1. Proposal Initiative of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the European enforcement order and the transfer of sentenced persons between the Member States of the European Union.

2. Title Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the European Union

3. Date of Council document 12/April/2005

5. Number of Commission document: Not applicable

6. Dealt with in Brussels by Justice and Home Affairs Council Working Party on Cooperation in Criminal Matters.

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

9. Short summary and aim of the proposal To establish the rules under which a Member State shall recognise and enforce on its territory a custodial sentence imposed by a court of another Member State for a criminal offence whether or not the enforcement of the sentence has already been started.

The initiating States propose that there should be a basic duty on each Member State to take charge of its nationals and those persons legally resident in its territory. They note that neither the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March, 1983 nor the Additional Protocol to the Convention of 18 December, 1997 imposes such a duty.

66 The proposal would remove the requirement for the sentenced person who is a national of the executing State to consent to the transfer as is the case at present under the Convention on the Transfer of Sentenced Persons.

There would be limited grounds permitted for refusing to enforce the sentence and there would be an imposition of time limits for decisions on the transfer and on the transfer itself.

10. Legal Basis of the Proposal Article 31 (1)(a) and Article 34 (2)(b) of the Treaty on the European Union

11. Voting Method Unanimity

13. Category of proposal Major significance for penal and rehabilitation services.

14. Implications for Ireland Possibility of a large number of persons being transferred into Irish prison system against their will, principally from the United Kingdom. Possibility of bringing charges against prisoners transferred into State under these rules for offences committed in the State prior to their imprisonment abroad will be removed.

15. Anticipated negotiating period Unknown at present.

16. Proposed implementation date Unknown at present.

17. Consequences for national legislation Legislative change required to the Transfer of Sentenced Persons Act, 1995 and 1997.

18. Method of Transposition into Irish law Amendment to the Transfer of Sentenced Persons Act, 1995 and 1997.

19. Anticipated Transposition date Unknown at present.

20. Consequences for the EU budget in euros annually None

67 21. Contact name, telephone number and e-mail address of official in Department with primary responsibility Tony Flynn, 602 8574, [email protected]

14 July, 2005

68 4.2 COM (2005) 282 - Information Note

1. Proposal New Groundwater Daughter Directive

2. Full Title of Proposal Proposal for a Directive of the European Parliament and of the Council on the protection of groundwater against pollution

4. Number of Council document 10493/05, ENV 318, CODEC 541

6. Dealt with in Brussels by Environment Council, Working Group on the Environment

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

8. Other Departments involved Department of Communications, Marine and Natural Resources (Geological Survey of Ireland)

9. Short summary and aim of the proposal The proposed Directive is intended to ensure that groundwater quality is monitored and evaluated across Europe in a harmonised way. The proposed approach to establishing quality criteria is both flexible and iterative, taking account of local characteristics and allowing for further improvements.

The proposed Directive responds to Article 17 of the Water Framework Directive (2000/60/EC) (WFD) which requires the Commission to present a proposal (a Groundwater Daughter Directive) for specific measures to prevent and control groundwater pollution within two years of entry into force of the WFD which was on 22 December 2000. The measures have to include criteria for assessing the chemical status of groundwater and for identifying trends in pollution of groundwater bodies. The present proposal in addition introduces measures for protecting groundwater from indirect pollution (discharges of pollutants into groundwater after percolation through the ground or subsoil).

The proposed Directive Specifies threshold levels to be set by member states for nitrates and pesticides in groundwater in line with EU water laws: 50 milligrams per litre for nitrates and 69 0.5 micrograms per litre for total combined pesticidal active ingredients (0.1 micrograms per litre limit for each individual pesticidal agent). With regard to pollutants that are not covered by EU legislation, the proposed Directive requires Member States to establish threshold values by 22 December 2008.

Programmes of measures to reduce groundwater pollution must be established for all groundwater bodies where an upward trend in pollutant concentration is identified.

The proposed Directive sets out the basis for the identification of any significant and sustained upward trend in pollutant concentration and also the starting point for this trend reversal.

The current Groundwater Directive (80/68/EEC) will be repealed in 2013 under the provisions of Article 22 of the WFD and the groundwater protection regime operated under that Directive will be continued and developed under the proposed new Groundwater Daughter Directive.

10. 1egal basis of the proposal Article 175(1) of the Treaty

11. Voting Method Qualified Majority Voting (Article 251 of the Treaty)

12. Role of the EP Co-decision (Article 251 of the Treaty)

13. Category of proposal Moderate significance

14. Implications for Ireland There are no significant additional implications for Ireland beyond those already imposed under the Water Framework Directive.

15. Anticipated negotiating period Over 14 months provided for under Article 251 of the Treaty

16. Proposed implementation date 20 days after publication in Official Journal

17. Consequences for national legislation Regulations would be required which would give effect to the new Groundwater Directive and which might also replace or update legislation which gives effect to the current Groundwater Directive.

18. Method of Transposition into Irish Law By Regulation

70 19. Anticipated Transposition date The Commission is proposing that the new Directive must be transposed into national law 24 months after the date of entry into force of the new Directive.

20. Consequences for the EU budget in euros annually An Extended Impact Assessment on the proposed Directive was carried out by the Commission in the first quarter of 2003. The Assessment concluded that the total quality assessment costs, the costs of the monitoring and clean-up measures required by the river basin management plan, and the administrative costs for the proposal are already covered under the Water Framework Directive. On that basis the Commission considers that the proposal represents a cost/benefit improvement over the existing situation

Andrew Caldicott Assistant Principal Officer

Water Quality Section Water and Natural Heritage Division Department of the Environment, Heritage & Local Government Custom House Dublin 1 IRELAND

Phone : +353-1-8882314 : Fax : +353-1-8882400 e-mail : [email protected]

71 7.1 EWN : Regn 628/2005

Early Warning Note

PROVISIONAL Measures Information Note

1 Product Concerned:- Farmed Salmon. Product concerned is farmed salmon, filleted or not, fresh, chilled or frozen.

2 Origin:- Norway

3 Measures imposed by the Commission:- Provisional anti-dumping measures were imposed by the EU Commission on imports of farmed salmon originating in Norway

4 Title :- Commission Regulation (EC) No 628 /2005 of 22April 2005 imposing a provisional anti-dumping duty on imports of farmed salmon originating in Norway.

5 Date published in the Official Journal :- OJ reference L 104/5 dated 23/4/2005

6 Department with primary responsibility :- Department of Enterprise, Trade and Employment together with Department of Communications, Marine and Natural Resources

7 Implications for Ireland :- Anti-dumping proceedings were initiated on 23 October 2004 following a complaint from the EU Salmon Producers’ Group representing a major proportion of producers in the United Kingdom and Ireland. The UK and Irish producers allege that unfair trade practice by Norwegian exporters has depressed prices leading to injury suffered by the industry. The complaint came within the framework of a long-running trade dispute. By Regulation 628/2005, the Commission imposed, effective from April 2005, provisional anti-dumping duties (in the form of ad-valorem duties averaging 16%) on imports of farmed salmon originating in Norway. The implications for Ireland of the imposition of anti-dumping measures should be to improve the economic situation of Irish producers and reinstall fair trading conditions. [Note: Recently the European Commission and the Norwegian salmon industry reached an agreement which will result in the replacement of the provisional tariff by a minimum import price set provisionally at €2.81 per kilo of fresh salmon as the more appropriate form of the measures to guard against unfair trading practices – Commission Regulation No. 1010/2005 refers]. 72 8 Anticipated negotiating period :- In accordance with the basic Regulation the investigation will be concluded within 15 months of the initiation of the proceedings i.e. before end January 2006

9 Contact name, Telephone number and e-mail address of official in Department with primary responsibility:- Frank Doheny, Market Access Unit, Department of Enterprise, Trade & Employment, Lr. Hatch Street, Dublin, 2. Phone:- 00 353 1 6312527 Fax:- 00 353 1 6312562 e-mail: - [email protected]

Date 24 th June 2005

73 7.2 EWN : Regn 552/2005

Early Warning Note Provisional Measures Information Note

Product Concerned: Magnesia Bricks mainly used in steel 1 production.

2 Origin :- The People’s Republic of China.

Measures imposed by the Commission:- 3 Provisional measures were imposed by the EU Commission on certain magnesia bricks originating in the People’s Republic of China.

Title :- Commission Regulation (EC) No 552 /2005 of 11th April 4 2005 imposing a provisional anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China.

Date published in the Official Journal :- 5 L93/6 dated 12th April 2005.

Department with primary responsibility :- 6 Department of Enterprise, Trade and Employment.

Implications for Ireland :- 7 No reported difficulties.

Anticipated negotiating period :- In accordance with the basic 8 Regulation the investigation will be concluded within 15 months of the initiation of the proceedings i.e. before end October 2005.

74 Contact name, Telephone number and e-mail address of 9 official in Department with primary responsibility:- Frank Doheny, Market Access Unit, Department of Enterprise, Trade & Employment, Lr. Hatch Street, Dublin, 2. Phone:- 00 353 1 6312527 Fax:- 00 353 1 6312562 e-mail: - [email protected]

Date 13th July 2005

75 7.3 EWN : Regn 771/2005

Early Warning Note Provisional Measures Information Note

Product Concerned : Certain stainless fasteners and parts thereof. 1 Fasteners are bolts, nuts and screws of stainless steel used to mechanically join two or more elements.

2 Origin:- The People’s Republic of China, Indonesia, Taiwan, Thailand and Vietnam. Measures imposed by the Commission:- 3 Provisional anti-dumping measures were imposed by the EU Commission on certain stainless steel fasteners and parts originating in the People’s Republic of China, Indonesia, Taiwan ,Thailand and Vietnam. Title :- Commission Regulation (EC) No 771 /2005 of 20th May 2005 4 imposing a provisional anti-dumping duty on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China, Indonesia, Taiwan, Thailand and Vietnam.

Date published in the Official Journal :- 5 L 128/19 dated 21st May 2005.

Department with primary responsibility :- 6 Department of Enterprise, Trade and Employment.

Implications for Ireland :- 7 No reported difficulties.

Anticipated negotiating period :- In accordance with the basic 8 Regulation the investigation will be concluded within 15 months of the initiation of the proceedings i.e. before end November 2005

76 Contact name, Telephone number and e-mail address of 9 official in Department with primary responsibility:- Frank Doheny, Market Access Unit, Department of Enterprise, Trade & Employment, Lr. Hatch Street, Dublin, 2. Phone:- 00 353 1 6312527 Fax:- 00 353 1 6312562 e-mail: - [email protected]

Date 13th July 2005

77 7.4 EWN : Regn 2042/2000

Early Warning Note Notice of Initiation of a Review 1 Product Concerned: Television Camera Systems. 2 Origin: - Japan.

3 Measures in force: - Anti-dumping measures are in force in respect of Television Camera Systems originating in Japan. 4 Title: - Proposal to amend the Annex to Council Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan. 5 Reference no. & date published in the Official Journal: - Notification of a formal review was not published in the OJ (see the Note under re the process of review)

[Note: In 1994 duties were first imposed on imports of the product concerned. Product concerned is certain essential parts used in television broadcast camera systems. The Council specifically excluded from the scope of the duty the camera systems as listed in the Annex to that regulation, representing high-end professional camera systems technically falling within the product definition of the Regulation, but which cannot be regarded as broadcast camera systems. With the addition of successor models of camera systems the annex to the Council has been updated regularly since 1994 using the procedure of a simple amendment to the annex to Regn. 2024/2000. The most recent amendment was made in Com (2004) 825].

The aim of the forthcoming proposal will be to exempt certain new camera models produced by three Japanese exporting producers from anti-dumping duties. 6 Department with primary responsibility: - Department of Enterprise, Trade and Employment. 7 Implications for Ireland: - No reported difficulties.

8 Anticipated negotiating period: - A proposal for an amendment to Regulation 2024/200 should normally be submitted to the Council within the next 3 months.

78 9 Contact name, Telephone number and e-mail address of official in Department with primary responsibility: - Frank Doheny, Market Access Unit, Department of Enterprise, Trade & Employment. Phone: - 00 353 1 6312527; Fax: - 00 353 1 6312562 e-mail: - [email protected] Date 18th July 2005