TITHE AN OIREACHTAIS
AN COMHCHOISTE UM GHRINNSCRÚDÚ EORPACH
AN TOCHTÚ TUARASCÁIL BHLIANTÚIL AR OIBRIÚ ACHT AN
AONTAIS EORPAIGH (GRINNSCRÚDÚ), 2002
(DON TRÉIMHSE Ó 1 EANÁIR GO 31 NOLLAIG 2010)
EANÁIR 2011
_______________________________
HOUSES OF THE OIREACHTAS
JOINT COMMITTEE ON EUROPEAN SCRUTINY
EIGHTH ANNUAL REPORT ON THE OPERATION OF THE
EUROPEAN UNION (SCRUTINY) ACT 2002
(FOR THE PERIOD FROM 1 JANUARY TO 31 DECEMBER 2010)
JANUARY 2011
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Table of Contents
Chairman’s Foreword...................................................................................................................5
1.
Introduction………………………………………………………………………………7
European Union (Scrutiny) Act 2002
The Scrutiny Process
Activity
2.
Overview of the Joint Committee’s Work……………………………………………...8
Functions and Powers of the Joint Committee
Chairman, Vice-Chairman, and Membership of the Joint Committee
Scrutiny of Draft EU Legislative Proposals
Reports Adopted
Six-Monthly Reports
Joint Sub-Committee on the Review of the Role of the Oireachtas in European Affairs
3.
Analysis of Legislative Proposals Considered……………………………………….…11
Information Notes received from Departments
Types of documents considered
Decisions by Committee
4.
Looking Forward……………………………….....…………………………………..….15
5.
Decision of the Joint Committee……………………………………………….………. 15
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Appendix 10
Appendix 11
Orders of Reference of the Joint Committee
Membership of the Joint Committee
Minutes of proceedings of the Joint Committee meetings in public session
Reports published by the Joint Committee
Groups and individuals attending Joint Committee meetings
Orders of Reference of the Joint Sub-Committee
Membership of the Joint Sub-Committee
Minutes of proceedings of the Joint Sub-Committee meetings in public session
Groups and individuals attending Joint Sub-Committee meetings
Proposals sent to sectoral Committees for detailed scrutiny
European Commission’s Annual Work Programme 2011
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Chairman’s Foreword
On behalf of the Joint Committee on European Scrutiny I am pleased to
present the Eighth Annual Report on the operation of the European Union
(Scrutiny) Act 2002. The European Union (Scrutiny) Act 2002 underpins
the Irish system of EU scrutiny and enables the Oireachtas, on behalf of the
Irish people, to scrutinise all draft EU legislative measures. Our Committee
assesses and reports on the implications for Ireland where new EU
legislation is being proposed. It is an important function that brings
democratic accountability to Government decisions being made on behalf
of Irish citizens at EU level.
A significant amendment was made to the Terms of Reference of the Joint Committee in late 2010 which
gave the Committee responsibility for considering whether draft EU legislative acts comply with the
principle of subsidiarity. The Terms of Reference of the Joint Committee were also amended to give
responsibility to the Joint Committee, in addition to the Joint Committee on European Affairs, for
identifying acts of the EU institutions which may infringe the principle of subsidiarity.
I welcome these amendments as they represent a significant enhancement to the functions of the Joint
Committee and enable the Oireachtas to play an even greater role on behalf of the public in EU law
making.
In terms of the Joint Committee’s workload, we met a total of 22 times in 2010 and in this time
considered a total of 441 documents, of which 382 were legislative proposals. The Joint Committee also
adopted a number of reports, including a report jointly adopted with the Joint Committee on European
Affairs on the Review of the Role of the Oireachtas in European Affairs.
I wish to thank the Government Departments for their considerable assistance in our detailed work, and
the staff of the Committee for their efficient management of the documentation and the preparation of
our meetings.
Finally, I wish to acknowledge the invaluable contribution and hard work of my colleagues on the Joint
Committee in carrying out our important remit on behalf of the Irish people. Their dedication, knowledge
and experience are greatly valued. In particular I want to thank Deputy John Perry who served as
Chairman of the Committee for three years since its formation in November 2007.
Tom Sheahan T.D.
Chairman
27 January 2011
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.
Introduction
European Union (Scrutiny) Act 2002
1. This is the Eighth Annual Report on the operation of the European Union Scrutiny Act 20021.
The 2002 Act lays down the legislative basis for Oireachtas scrutiny of draft EU legislative
measures2.
2. Among the main provisions of the Act are:

Information Notes - the Government must forward an information note to the Oireachtas
as soon as practicable after the publication of each proposed EU legislative measure. The
note outlines the purpose, significance and implications of the new measure [s2(1)]

Recommendations – the Minister shall have regard to any recommendations by the
Committee or the Houses on a proposed measure [s2(2)]

Reports by the Government – each Minister shall report at least twice yearly to the
Oireachtas in relation to proposed measures and other EU developments within their
remit [s2(5)]. The Government shall make an annual report to the Oireachtas on
developments in the European Union [s4].
3. Section 5 of the 2002 Act specifically provides for a Committee to report annually to the
Oireachtas on the operation of the 2002 Act. This eighth report has been prepared accordingly by
this Committee to look at how the EU scrutiny system operated in 2010.
4. The Report has also been prepared in accordance with the Standing Orders of the Dáil and
Seanad which provide that each Committee review and report on its role, procedures and
upcoming work programme.
The Scrutiny Process
5. At its fortnightly meetings, the Joint Committee considers the new EU measures for which
Information Notes have been recently received from Government Departments. On the basis of
its own analysis, the Joint Committee decides what level of scrutiny is warranted for each
individual measure. Some measures may be only technical in nature and/or have few
implications for Ireland. Other measures will have more direct implications for Ireland and it is
important that the Oireachtas gets an opportunity to consider these in more detail.
6. The Committee holds oral evidence sessions with Departments and interested stakeholders. The
Committee also publishes reports setting out its conclusions and recommendations on Ireland’s
negotiating position at the Council of Ministers. These reports can be debated in the Houses to
raise awareness of significant EU proposals.
Activity
7. Chapter 2 of the Report looks in more detail at the range of activities carried out by the
Committee in 2010 under the 2002 Act. In summary the Committee met 22 times in 2010 and
examined 441 documents of which 382 were new legislative proposals.
1
This is the third time that the report has been prepared by the Joint Committee on European Scrutiny since it assumed responsibility
for the management of the 2002 Act within the Oireachtas in October 2007. Previous reports were produced by the former SubCommittee on European Scrutiny.
2 The definition of “measure” in the 2002 Act was amended by section 6 of the European Union Act 2009.
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.
Overview of the Joint Committee’s Work
Functions and Powers of the Joint Committee
8. The Joint Committee was established in October 2007 and its Orders of Reference reflect the
provisions of the 2002 Act. The powers of the Joint Committee are also set out in its Orders of
Reference and the Standing Orders of the Dáil and Seanad. Section 7 of The European Union
Act 2009 provides for the operation of new powers for the Houses of the Oireachtas under the
terms of the Lisbon Treaty, including subsidiarity. The powers in relation to considering
whether draft legislative acts comply with the principle of subsidiarity are assigned to the Joint
Committee.
9. The Joint Committee, jointly with the Joint Committee for European Affairs represents both
Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC) and
reports thereon to both Houses. The full Orders of Reference of the Joint Committee are set out
at Appendix 1.
Chairman, Vice-Chairman, and Membership of the Joint Committee
10. Deputy Tom Sheahan was elected Chairman of the Committee on 18 November 2010 replacing
Deputy John Perry who served as Chairman of the Committee from 6 November 2007 to 11
November 2010. Deputy Michael Kitt was elected as Vice-Chairman of the Joint Committee on
2 December 2010 replacing Deputy Sean Connick who served as Vice-Chairman of the Joint
Committee from 6th November 2007 until 24 March 2010. The current membership of the Joint
Committee is set out at Appendix 2 and details changes to the membership during the 30th Dáil to
date.
Scrutiny of Draft EU Legislative Proposals
11. The core task of this Committee under the 2002 Act is to examine all draft EU legislation and
identify which specific EU proposals it feels should be assessed in more detail.
12. A resolution passed by both Houses in December 2009 assigned responsibility, on an interim
basis, to the Joint Committee for considering whether draft legislative acts comply with the
principle of subsidiarity, and for reporting to the Dáil and Seanad on cases of non-compliance.
Responsibility was also assigned to the Joint Committees on European Scrutiny and European
Affairs for identifying acts of the EU institutions which may infringe the principle of subsidiarity
and for reporting to the Dáil and Seanad for the purposes of requesting the Minister for Foreign
Affairs to bring proceedings before the European Court of Justice. These interim arrangements
were incorporated into Standing Orders of both Houses in late 2010 and the Orders of Reference
of the Joint Committee were amended to confer these powers under the Standing Orders.
13. The Committee met 22 times during 2010 to examine the wide range of EU legislative proposals
which were published. In all, the Committee considered 441 documents of which 382 were new
legislative proposals. A more detailed analysis of the type of proposals received by the
Committee is contained in Section 3. Minutes of proceedings of the Joint Committee meetings
in public session are attached at Appendix 3.
14. In 2010, the Joint Committee decided that 21 proposals may be of significant importance to
Ireland and required further scrutiny.
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002


11 of the proposals were examined in detail by the Joint Committee itself,
8 proposals were sent to the relevant sectoral committees for detailed scrutiny as
provided for in their Orders of Reference. 2 Title V Justice Measures were also sent for
detailed scrutiny.
Reports Adopted
15. The Joint Committee published a large number of reports in 2010 as set out in detail in Appendix
4. In particular, this included 4 scrutiny reports and a report jointly agreed with the Joint
Committee on European Affairs on the Review of the Role of the Oireachtas in European
Affairs. The scrutiny reports were laid in the Houses and sent to the relevant Government
Minister for consideration. The reports were also circulated to Irish MEPs and other interested
stakeholders. Details of the Groups and individuals who attended Joint Committee meetings are
set out at Appendix 5.
Six-Monthly Reports
16. Under the 2002 Act the Committee considers the six monthly reports submitted by all 15
Government Departments on proposed EU measures and other developments within their remit.
The reports are in two parts as follows:
o Part 1 gives an overview of the significant developments at EU level in that Minister’s
policy area during the EU Presidency concerned, and
o Part 2 gives an update on the current status of all of the EU legislative measures being
negotiated within the remit of that Minister.
17. When the Committee has considered the reports by all 15 Departments it then publishes its own
composite report providing an analysis of the most significant legislative developments. The
report also contains an Appendix with Part 1 of each Department’s report included for
information. The report may also make recommendations in relation to the compilation of future
reports by Departments.
18. Under its Orders of Reference, the Joint Committee has the power to request the attendance of
the Secretary General of a Government Department to discuss their most recent six-monthly
report and related EU developments. A public hearing of the Joint Committee was held with the
Secretary General of the Department of Justice and Law Reform on 20 April 2010 to discuss
their report for the second half of 2009. The Joint Committee also agreed to meet with the
Secretary General of the Department of Agriculture, Fisheries and Food in January 2010 to
discuss their report for the first half of 2010.
Joint Sub-Committee on the Review of the Role of the Oireachtas in European Affairs
19. Dáil Éireann and Seanad Éireann adopted Resolutions on 10 December 2009 which put in place
the arrangements for managing and conducting the rights and obligations provided in the Lisbon
Treaty and implemented through the European Union Act 2009. The Resolutions provided that
the arrangements be put in place on an interim basis and required the Joint Committees on
European Scrutiny and European Affairs to review the operation of these arrangements and to
jointly report thereon, and on such related matters as the Committees think fit, to Dáil Éireann
and Seanad Éireann within six months.
20. In March 2010, the two Joint Committees established a Joint Sub-Committee on the Review of
the Role of the Oireachtas in European Affairs to carry out this review. Deputy Lucinda
9
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Creighton was elected as Chairperson on 24 March 2010. The Orders of Reference of the Joint
Sub-Committee and Membership list are attached at Appendix 6 and 7 respectively.
21. The Joint Sub-Committee met 11 times, five of which were public hearings with leading
practitioners in the area of EU affairs and parliamentary control as well as with the Irish MEPs
and the Minister for Foreign Affairs. Minutes of proceedings of the Joint Sub-Committee
meetings in public session are attached at Appendix 8. Details of the Groups and individuals
who attended Joint Committee meetings are set out at Appendix 9.
22. The Joint Sub-Committee agreed its report on 1 July 2010 and forwarded it to the Joint
Committees on European Scrutiny and European Affairs for their consideration. The report3 was
agreed by the two Committees at a joint meeting on 7 July 2010. The Committees reported back
to Dáil Éireann and Seanad Éireann on 7 July 2010 and a motion was placed on the Order Paper
of both Houses.
23. The report included 28 recommendations, one of which proposed that the interim measures be
permanently incorporated into Standing Orders. Modifications to Standing Orders to incorporate
these interim measures were agreed by Dáil Éireann on 25 November and Seanad Éireann on 2
December 2010. The Terms of Reference of the Joint Committee were also amended on those
dates which assigned responsibility to the Joint Committee for considering whether draft
legislative acts comply with the principle of subsidiarity, and for reporting to the Dáil and
Seanad on cases of non-compliance. Responsibility was also assigned to the Joint Committees
on European Scrutiny and European Affairs for identifying acts of the EU institutions which may
infringe the principle of subsidiarity and for reporting to the Dáil and Seanad for the purposes of
requesting the Minister for Foreign Affairs to bring proceedings before the European Court of
Justice.
Official Travel
24. The Joint Committee undertook the following travel in 2010 in accordance with its Orders of
Reference and in connection with its work programme.
Purpose of travel
Date and Destination
Members Travelling
Attendance at COSAC
Chairperson's Meeting
4th – 5th February 2010 –
Madrid, Spain
John Perry T.D.
Attendance at COSAC
XLII Plenary Session
30th May – 1st June 2010 –
Madrid, Spain
John Perry T.D., Lucinda
Creighton T.D., Michael
Mulcahy T.D.
Visit to
Romanian/Bulgarian
Parliaments
22nd – 26th June 2010 -
John Perry T.D., Noel O’Flynn
T.D., Michael Kitt T.D.
Bucharest, Romania and
Sofia, Bulgaria
3
Attendance at COSAC
Chairperson's Meeting
4th – 5th July 2010 Brussels, Belgium
John Perry T.D.
Attendance at COSAC
XLIV Plenary Session
24th – 26th October 2010 Brussels, Belgium
John Perry T.D., Michael Kitt
T.D., Senator Paschal Mooney
Copy of report is available on the Oireachtas website www.oir.ie/
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.
Analysis of Legislative Proposals Considered
25. The Joint Committee considered a total of 441 documents in 2010. This section of the report
provides details of :
-
the types of proposals for which information notes were received from Government
Departments
-
the decisions taken by the Joint Committee on the proposals considered
-
the proposals sent to sectoral committees.
Information Notes received from Departments
26. The following bar chart shows the number of information notes submitted by each Government
Department and considered by the Committee in 2010. The number of documents received from
Departments varies widely, ranging from 0 to 122. 5 Departments submitted less than 10
documents each. 7 Departments submitted between 10 and 100 documents. The Department
which submitted the largest number of documents was the Enterprise, Trade and Innovation,
which submitted a total of 122 documents.
Analysis of Proposals/documents considered from each Government Department (Fig. 1)
Arts
1
Revenue
2
4
Communications
6
Taoiseach
9
Health
11
Environment
18
Transport
Information Notes
22
Education
47
Justice
67
Foreign Affairs
63
Agriculture
69
Finance
122
Enterprise
0
50
100
150
Note: the statistics for Dept. Taoiseach include proposals submitted by the Central Statistics Office
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Types of documents considered
27. The categories of documents considered during 2010 are depicted in the following chart (Fig. 2):
Proposal/documents considered by category (Fig. 2)
Budget Document,
12, 3%
CFSP Measure,
Early Warning
28, 6%
Note, 47, 11%
Regulation
Directive, 30
7%
Decision
Directive
Regulation, 130,
29%
Decision 194
44%
CFSP Measure
Budget Document
Early Warning Note
28. As stated earlier, section 2 of the 2002 Act provides for Ministers to send on an information note
for all proposed EU “measures”4. By far the largest category of documents considered by the
Joint Committee in 2010 were the 382 legislative proposals examined. The 382 legislative
proposals were made up of 130 Regulations, 30 Directives, 194 Decisions and 28 CFSP
measures.
29. The other 59 documents are not legislative proposals within the strict meaning of the 2002 Act.
They are primarily made up of Early Warning Notes5 (47) and budget documents (12).
Decisions by Committee
Overall
30. Of the 441 documents examined in 2010, 21 proposals (5%) were deemed to have implications
of a significant nature for Ireland and therefore warranted further scrutiny. Of those 21, 10 were
sent to sectoral Committees for detailed scrutiny (including 2 Title V Justice Measures) and 11
were further scrutinised by the Joint Committee on European Scrutiny. Details of proposals sent
to sectoral Committees for detailed scrutiny are set out in Appendix 10.
31. A further 67 proposals, which includes 6 Title V Justice Measures (15%), were sent to sectoral
4
These are defined in the Act as regulations, directives, decisions, and acts that require the prior approval of both Houses
under Article 29.4.6 of the Constitution. In accordance with the established guidelines, Departments also submit information
notes for certain Decisions.
5
This is a category for trade measures where the European Commission is considering imposing anti dumping duties on imports from
outside the EU. The Department of Enterprise, Trade and Employment sends an ‘early warning note’ to this Committee to give details
of a new investigation by the Commission.
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Committees for information. The majority of proposals considered by the Joint Committee were
deemed not to warrant any additional scrutiny (80%). This is made up of the 80% either noted or
sent to sectoral committees for information, the 6% CFSP measures6 and the 9% EWNs.
Fig. 3 Analysis of Decisions made by category
For Further Scrutiny
11
CFSP Measures, 2%
27
6%
Sent for Detailed
Scrutiny
8
2%
Title V Justice
Measures
8
2%
Early Warning
Notes
41
9%
Adopted Measures
44
10%
Sent for
Information,
61
14%
No Further Scrutiny
241
55%
No further scrutiny
Sent for information
Adopted Measures
Early Warning Notes
CFSP Measures
For Further scrutiny
Sent for detailed scrutiny
Title V Justice Measures
Proposals sent to Sectoral Committees
32. A total of 77 proposals were forwarded to sectoral Committees in 2010. Of these: 67 were sent
for information and 10 were referred for detailed scrutiny (in some cases, individual proposals
were forwarded to several committees).
33. The Joint Committee on Justice, Equality, Defence and Women’s Rights, which received a total
of 23 proposals, was forwarded the highest number of documents, reflecting the continuing
importance of this area to Ireland. This Committee was followed by the Joint Committees on
Agriculture, Fisheries and Food, Enterprise, Trade and Innovation and Finance which received in
excess of 10 proposals each.
34. Figs. 5 and 6 depict the spread of proposals referred by the Joint Committee to each sectoral
Committee in 2010.
6
Many of these measures have been adopted by the Council of Ministers when the Joint Committee receives them.
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Fig. 5 Proposals referred to sectoral Committees
Sent for
Information
Sectoral Committee
*Referred for
Detailed
Scrutiny
TOTAL
2
12
Joint Committee on Agriculture, Fisheries and Food
10
Joint Committee on Climate Change and Energy Security
Joint Committee on Communications, Energy and Natural
Resources
1
Joint Committee on Enterprise, Trade and Innovation
Joint Committee on the Environment, Heritage and Local
Government
Joint Committee on European Affairs
11
11
2
4
2
4
Joint Committee on Finance and the Public Service
Joint Committee on Foreign Affairs
Joint Committee on Health and Children
Joint Committee on Justice, Defence and Women’s Rights
Joint Committee on Social Protection
Joint Committee on Tourism, Culture, Sport, Community,
Equality and Gaeltacht Affairs
Joint Committee on Transport
TOTAL
17
3
8
17
1
1
2
1
1
6
1
6
83
10
3
18
3
8
23
1
1
6
93
Fig. 6 Proposals referred to sectoral Committees
Transport
6
Tourism
1
Social Protection
1
6
Justice
Health and Children
17
8
Foreign Affairs
3
For Detailed Scrutiny
1
Finance
17
European Affairs
For information
4
Environment
2
Enterprise
11
Communications
12
Climate Change
1
2
Agriculture
0
10
5
10
15
20
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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
4.
Looking Forward
35. The work of the Committee is heavily influenced by the European Commission’s Annual Work
Programme (AWP). Its Annual Work Programme for 2011 was published on 27 October 2010
and considered by the Joint Committee at its meeting on 18 November 2010. The text of the
AWP is attached at Appendix 11. The AWP outlined a range of specific legislative proposals
which the Commission intends to publish and which the Joint Committee agreed to include in its
Work Programme for 2011. These proposals relate to:

 Common Consolidated Corporate Tax Base,
 Responsible lending and borrowing,
 Rights of and support to victims of crime,
 Regulation of Credit Rating,
 Bank Crisis Management,
 Capital Requirement Directives & Market Abuse Directive,
 Energy efficiency and savings,
 Posting of Workers,
 Working Time,
 European Contract Law,
 Protection of Personal Data,
 Public Procurement,
36. In view of the anticipated General Election in early 2011 a Work Programme for 2011 was not
agreed by the Joint Committee. This matter will be for a new EU Committee to consider and the
AWP will be very relevant in that regard.
5.
Decision of the Joint Committee
37. The Joint Committee on European Scrutiny at its meeting of 27 January 2011 considered the
eighth annual report on the operation of the European Scrutiny Act 2002 for the period 1 January
to 31 December 2010 and agreed that the report, as presented, should be laid before both Houses
of the Oireachtas and printed.
15
Appendix 1
Orders of Reference of the Joint Committee
Dáil Éireann on 23 October 2007 ordered:
“(1)
(a)
That a Select Committee, consisting of 11 Members of Dáil Éireann, be appointed to be
joined with a Select Committee to be appointed by Seanad Éireann to form the Joint
Committee on European Scrutiny 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 European Union which is
prepared for submission to the Council,
and
(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,
as it may select;
(ii)
consider such other matters as may be referred to it from time to time by both
Houses of the Oireachtas;
and
(iii)
represent both Houses of the Oireachtas at the Conference of Community and
European Affairs Committees of Parliaments of the European Union (COSAC)
jointly with the Joint Committee on European Affairs;
and report thereon to both Houses of the Oireachtas in consultation with the Joint
Committee on European Affairs.
(b)
The Joint Committee shall have:
(i)
the powers defined in Standing Order 83(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 importance to require additional
scrutiny) to a Joint Committee on which has been conferred the power defined in
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Standing Order 83(4) to consider such proposals;
(iii)
the power to request the attendance of Members of the Government (or Ministers
of State nominated in their stead) and provide, in private session if so desired by
the Member of the Government or Minister of State, oral briefings to enable the
Joint Committee to make known its views;
(iv)
the power to request the attendance of the Secretary General of a Government
Department (or a nominated representative) to discuss the six monthly reports laid
before each House of the Oireachtas under section 2(4) of the European Union
(Scrutiny) Act 2002 and other developments related to the European Union which
falls within the remit of that Department;
and
(v)
(c)
The following persons may attend meetings of the Joint Committee and may take part in
proceedings without having a right to vote or to move motions and amendments(i)
(b)
(2)
Members of the European Parliament elected from constituencies in Ireland
(including Northern Ireland);
and
(ii)
(d)
the power, in accordance with Standing Order 88, to refer by way of a report, a
proposal for EU legislation which has been considered by it (and which has been
concluded to be of sufficient importance to require further debate) to either or both
Houses of the Oireachtas.
at the invitation of the Joint Committee, other Members of the European
Parliament.
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.
The Chairman of the Joint Committee, who shall be a Member of Dáil Éireann, shall also be
Chairman of the Select Committee.”
Dáil Éireann agreed the following order on 25 November 2010:
That the Order of the Dáil of 23 October 2007 establishing the Joint Committee on European
Scrutiny be amended by the insertion of the following paragraph after paragraph (1) (b) (i) –
“(ii) the powers defined in Standing Orders 103C and 103E.”
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Seanad Éireann on 24 October 2007 ordered:
“(1)
(a)
(b)
That a Select Committee, consisting of 4 Members of Seanad Éireann, be appointed to
be joined with a Select Committee to be appointed by Dáil Éireann to form the Joint
Committee on European Scrutiny 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 European Union which is
prepared for submission to the Council,
and
(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,
as it may select;
(ii) consider such other matters as may be referred to it from time to time by both
Houses of the Oireachtas;
and
(iii) represent both Houses of the Oireachtas at the Conference of Community and
European Affairs Committees of Parliaments of the European Union (COSAC)
jointly with the Joint Committee on European Affairs;
and report thereon to both Houses of the Oireachtas in consultation with the Joint
Committee on European Affairs.
The Joint Committee shall have:
(i)
the powers defined in Standing Order 70(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 importance to require
additional scrutiny) to a Joint Committee on which has been conferred the
power defined in Standing Order 70(4) to consider such proposals;
(iii) the power to request the attendance of Members of the Government (or
Ministers of State nominated in their stead) and provide, in private session if so
desired by the Member of the Government or Minister of State, oral briefings to
enable the Joint Committee to make known its views;
(iv) the power to request the attendance of the Secretary General of a Government
Department (or a nominated representative) to discuss the six monthly reports
laid before each House of the Oireachtas under section 2(4) of the European
Union (Scrutiny) Act 2002 and other developments related to the European
Union which falls within the remit of that Department;
and
(v) the power, in accordance with Standing Order 75, to refer by way of a report, a
proposal for EU legislation which has been considered by it (and which has
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
(2)
been concluded to be of sufficient importance to require further debate) to either
or both Houses of the Oireachtas.
(c) The following persons may attend meetings of the Joint Committee 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);
(c)
and
(ii) at the invitation of the Joint Committee, 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.
The Chairman of the Joint Committee shall be a Member of Dáil Éireann.”
Seanad Éireann agreed the following order on 2 December 2010:
That the Order of the Seanad of 24th October, 2007, establishing the Joint Committee on European
Scrutiny be amended as follows:
1. in paragraph (1), by the deletion of ‘4 members’ and the substitution therefor of ‘6 members’; and
2. by the insertion of the following paragraphs after paragraph (a):
“(ab) In accordance with Standing Order 78, the Select Committee shall, previous to the
commencement of its business, elect one of its members to be Chairman, and three members shall
constitute a quorum.
(ac) The Select Committee shall have the powers set out in Standing Orders 98C and 98E.”
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 2
Membership of the Joint Committee
JOINT COMMITTEE ON EUROPEAN SCRUTINY MEMBERSHIP
Membership7
Deputies:
Michael Creed8
Lucinda Creighton
Timmy Dooley
Noel Grealish
Brendan Howlin9
Michael Kitt (Vice-Chairman)10
Michael Mulcahy
Noel O’Flynn11
Aengus O’Snodaigh
Tom Sheahan12
Vacancy13
Senators:
Paddy Burke
Terry Leyden
Eugene Regan14
Alex White15
7
Senator Cecilia Keaveney was nominated to serve on the Joint Committee on European Scrutiny by the Seanad
Committee of Selection on 27 January 2010 and discharged from the Committee on 9 March 2010
8
9
Deputy Michael Creed replaced Deputy Damien English on 11 November 2010
Deputy Brendan Howlin (Lab) replaced Deputy Joe Costello (Lab) by Order of Dáil Éireann on 8th July 2010
10
Deputy Michael Kitt replaced Deputy Chris Andrews on 10 July 2009 and was appointed Vice-Chairman of the
Committee at the meeting of 2 December 2010
11
12
Deputy Noel O’Flynn replaced Deputy Michael McGrath on 13 March 2008
Deputy Tom Sheahan replaced Deputy John Perry on 11 November 2010 and was elected as Chairman of the
Committee at the meeting of 18 November 2010
13
There is a vacancy in the Committee since 24 March 2010 when the previous Vice-Chairman, Deputy Sean Connick
was appointed as a Minister of State
14
Senator Eugene Regan was nominated to serve on the Joint Committee on European Scrutiny by the Seanad
Committee of Selection on 9 February 2010
15
Senator Alan Kelly (Labour Party) ceased to be a member of the committee on his election as a Member of the
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Paschal Mooney16
European Parliament on 8 June 2009. Senator Alex White was appointed in substitution for him on 27 January 2010
16
Senator Paschal Mooney (Fianna Fáil) was nominated to serve on the Joint Committee on European Scrutiny by the
Seanad Committee of Selection on 22 June 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 3
Minutes of proceedings of the Joint Committee meetings in public session
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 12 JANUARY 2010
1. OPENING OF MEETING
The Joint Committee met at 12.12 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Noel O’Flynn, Aengus O’Snodaigh and
John Perry in the chair.
Senator: Kieran Phelan.
Substitutes: Deputy John McGuinness for Michael Mulcahy, Senator Joe O’Reilly for Paddy Burke
and Senator Francis O’Brien for Terry Leyden (for part of the meeting).
The Committee agreed to start the meeting in private session. The Committee went into public
session at 12.44 p.m.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 19 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 1.11 p.m. sine die.
________________
Mr. John Perry, T.D.
Chairman
28 January 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 12 January 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Justice and Home Affairs measures
5. Early Warning Notes
1.
Adopted Measures
1.1
COM(2009)522
Proposal for a Council Decision authorising the Kingdom of Sweden and the
United Kingdom of Great Britain and Northern Ireland to apply a measure
derogating from Article 167 of Council Directive 2006/112/EC on the
common system of value added tax
Department of Finance
Lead department
Office of the Revenue Commisioners
Other department(s)
Based on the information available, it was agreed that this adopted
proposal does not warrant further scrutiny.
1.2
COM(2009)613
Proposal for a Council Decision authorising the placing on the market of
products containing, consisting of, or produced from genetically modified
maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of
the European Parliament and of the Council.
Lead department
Other department(s)
Department of Agriculture, Fisheries and Food
Department of Health and Children
Based on the information available, it was agreed that the adopted
proposal does not warrant further scrutiny.
1.3
COM(2009)625 - FON
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of furfuryl alcohol originating in the People’s Republic of China
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
following an expiry review pursuant to Article 11(2) of Regulation (EC) No
384/96
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this adopted
proposal does not warrant further scrutiny.
1.4
COM(2009)650
Proposal for a Council Decision repealing Council Decision N° 2009/473/EC
concerning the conclusion of an Agreement in the form of an Exchange of
Letters on the provisional application of the Fisheries Partnership Agreement
between the European Community and the Republic of Guinea
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this adopted
proposal does not warrant further scrutiny.
1.5
COM(2009)663 - FON
Proposal for a Council Regulation concluding the 'new exporter' review of
Regulation (EC) No 1338/2006 imposing a definitive anti-dumping duty on
imports of chamois leather originating in the People's Republic of China,
levying retroactively and imposing an anti-dumping duty with regard to
imports from one exporter in this country and terminating the registration of
these imports
Lead department
Department of Enterprise, Trade and Employment
It was agreed to note this adopted measure.
2.
For no further scrutiny
2.1
COM(2009)605
Proposal for a Council Decision on the conclusion of the Arrangement
between the European Community and the Republic of Iceland, the
Principality of Liechtenstein, the Kingdom of Norway and the Swiss
Confederation on the participation by those States in the work of the
committees which assist the European Commission in the exercise of its
executive powers as regards the implementation, application and development
of the Schengen acquis
Lead department
Department of Justice, Equality and Law Reform
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
AND
2.2
COM(2009)606
Proposal for a Council Decision on the signing of the Arrangement between
the European Community and the Republic of Iceland, the Principality of
Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the
participation by those States in the work of the committees which assist the
European Commission in the exercise of its executive powers as regards the
implementation, application and development of the Schengen acquis
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, it was agreed that the proposals do
not warrant further scrutiny.
2.3
COM(2009)659 - FON
Proposal for a Council Regulation repealing the anti-dumping duty imposed
by Regulation (EC) No 172/2008 on imports of ferro-silicon originating in the
former Yugoslav Republic of Macedonia
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
3.
For no further scrutiny - send to sectoral Committee for
information
3.1
COM(2009)655 - FON
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of certain footwear with uppers of leather originating in Vietnam and
originating in the People's Republic of China, as extended to imports of certain
footwear with uppers of leather consigned from the Macao SAR, whether
declared as originating in the Macao SAR or not, following an expiry
review
pursuant to Article 11(2) of Council Regulation (EC) No 384/96
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland and that it is
likely that the Council will have adopted the proposal, it was agreed that
this proposal does not warrant further scrutiny. However, due to the fact
that Ireland has expressed concerns with regard to maintaining these
anti-dumping measures and that the Department has been contacted by
retail interests in Ireland who are also concerned by this proposal, it was
also agreed to forward this proposal to the Joint Committee on
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Enterprise, Trade and Employment for information.
4.
Title IV and Title VI Measures
4.1
16075/1/09
Proposal for an EU Council Decision on the setting up of the Standing
Committee on operational cooperation on internal security
Lead department
Other department(s)
Department of Justice, Equality and Law Reform
Department of Foreign Affairs
Based on the information available and given that it is likely that an optin motion with regard to this proposal will be dealt with by Dáil and
Seanad Éireann during the week commencing 18 January 2010, it was
agreed that this proposal would not be scrutinised any further by the
Scrutiny Committee. It was agreed that it will be forwarded to the Joint
Committee on Justice, Equality, Defence and Women’s Rights for
information.
5.
Early Warning Notes
5.1
EWN C270/10
Notice of initiation of an expiry review and a partial interim review of the antidumping measures applicable to imports of okoume plywood originating in
the People’s Republic of China
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
5.2
EWN C284/10
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of polyester staple fibres originating in the Republic of
Korea
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
5.3
EWN C291/09
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of polyethylene terephthalate (PET) film originating in
India
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 28 JANUARY 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.15 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Damien English, Michael Kitt, Michael
Mulcahy and John Perry in the chair.
Senator: Paddy Burke.
Apologies: Senator Terry Leyden.
The Committee agreed to start the meeting in private session. The Committee went into public
session at 11.48 a.m.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 25 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 11.54 a.m. until Tuesday, 9th February 2010.
________________
Mr. John Perry, T.D.
Chairman
9 February 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 28 January 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Early Warning Notes
5. Justice and Home Affairs measures
1.
Adopted Measures
1.1
COM(2009)539
Proposal for a Council Regulation amending Regulation (EC) No 1234/2007 establishing a common
organisation of agricultural markets and on specific provisions for certain agricultural products
(single CMO Regulation).
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this adopted proposal does not warrant
further scrutiny.
1.2
COM(2009)619
Proposal for a Council Decision on the financial contributions to be paid by the Member States to
finance the European Development Fund in 2010 and 2011.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that the adopted proposal does not warrant
further scrutiny.
1.3
COM(2009)632
Proposal for a Council Decision on establishing the European Community position within the
Ministerial Council of the Energy Community (Zagreb, 18 December2009).
Lead department
Department of Communications, Energy and Natural Resources
Other department(s) Department of Foreign Affairs
Based on the information provided by the Department, it was agreed to note this adopted
proposal.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.4
COM(2009)645
Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending
the autonomous common customs tariff duties on certain industrial, agricultural and fishery
products.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food
It was agreed to note this adopted measure.
1.5
COM(2009)651
Proposal for a Council Regulation opening and providing for the management of autonomous
Community tariff quotas for certain agricultural and industrial products.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food
It was agreed to note this adopted measure.
1.6
COM(2009)660
Proposal for a Decision of the European Parliament and of the Council on the Mobilisation of the
Flexibility Instrument.
Lead department
Department of Finance
Based on the information available, it was agreed that this adopted measure does not warrant
further scrutiny.
2.
For no further scrutiny
2.1
COM(2007)744
Proposal for a Council Decision concerning the signing and conclusion of the Interim Agreement on
trade and traderelated matters between the European Community, of the one part, and the Republic
of Serbia, of the other part.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this measure does not warrant further
scrutiny.
2.2
COM(2009)541
Proposal for a Council Regulation amending Regulation (EC) No 708/2007 concerning use of alien
and locally absent species in aquaculture.
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this measure does not warrant further
scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.3
COM(2009)577
Proposal for a Council Directive implementing the Framework Agreement on prevention from sharp
injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Health and Children
Based on the information available, it was agreed that this measure does not warrant further
scrutiny.
2.4
COM(2009)609
Proposal for a Council Decision authorising France to apply differentiated levels of taxation to motor
fuels under Article 19 of Directive 2003/96/EC.
Lead department
Department of Finance
Based on the information available, it was agreed that this measure does not warrant further
scrutiny.
2.5
COM(2009)620
Proposal for a Council Decision on the conclusion of a protocol to the Euro-Mediterranean
Agreement between the European Communities and their Member States, of the one part, and the
Republic of Tunisia, of the other part, to take account of the accession of the Republic of Bulgaria
and Romania to the European Union
Lead department
Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment
Department of Justice, Equality and Law Reform
AND
2.6
COM(2009)621
Proposal for a Council Decision on the signing and the provisional application of a protocol to the
Euro-Mediterranean Agreement between the European Communities and their Member States, of the
one part, and the Republic of Tunisia, of the other part, to take account of the accession of the
Republic of Bulgaria and Romania to the European Union
Lead department
Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment
Department of Justice, Equality and Law Reform
Based on the information from the Department, it was agreed that these proposals do not
warrant further scrutiny.
2.7
COM(2009)634
Proposal for a Regulation of the European Parliament and of the Council on common rules for the
allocation of slots at Community airports.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Transport
Based on the information available, it was agreed that this technical measure does not warrant
further scrutiny.
2.8
COM(2009)653
Proposal for a Council Decision on the position to be taken by the European Union concerning the
proposal to amend the Annex A of the Agreement between the European Community and the
Government of the People's Republic of China on drug precursors and substances frequently used in
the illicit manufacture of narcotic drugs or psychotropic substances.
Lead department
Department of Health and Children
Other department(s) Office of the Revenue Commissioners
Given the information from the Department, it was agreed that this proposal does not warrant
further scrutiny.
2.9
COM(2009)670
Proposal for a Council Decision repealing Decision 2009/472/EC of 6 April 2009 and concerning the
follow-up to the consultation procedure with the Islamic Republic of Mauritania under Article 96 of
the ACP-EC Partnership Agreement.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.
2.10 COM(2009)677 - FON
Proposal for a Council Regulation Amending Regulation (EC) No 452/2007 imposing a definitive
anti-dumping duty on imports of ironing boards originating, inter alia, in the People's Republic of
China.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this finalised measure does not warrant
further scrutiny.
2.11 COM(2009)697 - FON
Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of
ethanolamines originating in the United States of America.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, and the fact that agreement is being sought at Council
level by the end of this month, it was agreed that the measure does not warrant further
scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2008)50
Proposal for a Council Decision on the signing of an Agreement between the European Community
and its Member States, of the one part, and the Republic of South Africa, of the other part, amending
the Agreement on Trade, Development and Cooperation
Lead department
Department of Foreign Affairs
Other department(s) Department of Justice, Equality and Law Reform
Based on the information from the Department, it was agreed that this proposal, in relation to
which the Council Decision has been adopted, be noted. It was agreed that it will be sent for
information to the Joint Committee on Foreign Affairs in advance of any motion coming
before Dáil Éireann with regard to the ratification of this Agreement.
3.2
COM(2008)530
Proposal for a Council Decision concerning the conclusion, by the European Community, of the
United Nations Convention on the Rights of Persons with Disabilities.
Lead department
Department of Justice, Equality and Law Reform
Other department(s) Department of Arts, Sport and Tourism, Department of Communications,
Energy and Natural Resources, Department of Defence, Department of
Education and Science, Department of Enterprise, Trade and Employment,
Department of Environment, Heritage and Local Government, Department of
Foreign Affairs, Department of Health and Children, Department of Social
and Family Affairs, Department of Transport
Given that the Council Decision on concluding the UN Convention of the Rights of Persons
with Disabilities has been adopted by the Council, it was agreed that this part of the proposal
does not warrant further scrutiny. However, the Council has not yet adopted the draft Council
Decision on the conclusion of the Additional Protocol to the Convention despite the fact that
the draft Decision has been approved by the European Parliament. It was therefore agreed to
write to the Department of Justice, Equality and Law Reform to seek clarification on why the
Council has decided not to adopt this part of the proposal at this stage. It was also agreed to
forward the proposal to the Joint Committee on Justice, Equality, Defence and Womens'
Rights for information.
3.3
COM(2009)491
Proposal for a Directive of the European Parliament amending Directives 2003/71/EC on the
prospectus to be published when securities are offered to the public or admitted to trading and
2004/109/EC on the harmonisation of transparency requirements in relation to information about
issuers whose securities are admitted to trading on a regulated market.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Finance
Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny. It was agreed that it would be sent to the Joint Committee on
Finance and the Public Service for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.4
COM(2009)636
Proposal for a Council Regulation fixing for the 2010 fishing year the guide prices and Community
producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000
Lead department
Department of Agriculture, Fisheries and Food
Based on the information provided by the Department, it was agreed to note this adopted
proposal. It was further agreed to send it to the Joint Committee on Agriculture, Fisheries and
Food for information.
4.
Early Warning Notes
4.1
EWN L153/06
Commission Regulation (EC) No 512/2009 of 16 June 2009 initiating a “new exporter ”review of
Council Regulation (EC) No 1905/2003 imposing a definitive anti-dumping duty on imports of
furfuryl alcohol originating in the People’s Republic of China, repealing the duty with regard to
imports from one exporting producer in this country and making these imports subject to
registration.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.
5.
Justice and Home Affairs Measures
5.1
COM(2009)704
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of
the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member
States of the European Union and the 2001 Protocol thereto.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that the proposal requires Oireachtas approval
under Article 29.4.7 of the Constitution, it was also agreed to forward this proposal to the Joint
Committee on Justice, Equality, Defence and Women's Rights for information.
5.2
COM(2009)705
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the
Member States of the European Union and Iceland and Norway.
Lead department
Department of Justice, Equality and Law Reform
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that the proposal requires Oireachtas approval
under Article 29.4.7 of the Constitution, it was also agreed to forward this proposal to the Joint
Committee on Justice, Equality, Defence and Women's Rights for information.
5.3
COM(2009)706
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and Japan on the mutual legal assistance in criminal matters.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that the proposal requires Oireachtas approval
under Article 29.4.7 of the Constitution, it was also agreed to forward this proposal to the Joint
Committee on Justice, Equality, Defence and Women's Rights for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 9 FEBRUARY 2010
1.
OPENING OF MEETING
The Joint Committee met at 12.08 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Sean Connick, Lucinda Creighton, Michael Kitt, Michael Mulcahy, Aengus O’Snodaigh
and John Perry in the chair.
Senator: Paddy Burke and Terry Leyden.
Apologies: Deputy Timmy Dooley.
The Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 15 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 12.31 p.m. until Tuesday, 23rd February 2010.
________________
Mr. John Perry, T.D.
Chairman
23 February 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 9 February 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Early Warning Notes
5. Justice and Home Affairs measures
1.
For no further scrutiny
1.1
15177/09
Proposal for a Council Regulation amending the lists of insolvency proceedings, winding-up
proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency
proceedings and codifying Annexes A, B and C to that Regulation.
Lead department
Department of Justice, Equality and Law Reform
Other department(s) Department of Enterprise, Trade and Employment
Given that this is a technical measure with no particular implications for Ireland, it was agreed
that the measure does not require further scrutiny by this Committee.
1.2
COM(2009)631
Proposal for a Council Decision on the signing on behalf of the European Community and
provisional application of the Framework Agreement between the European Community and its
Member States, of the one part, and the Republic of Korea, of the other part.
Lead department
Department of Foreign Affairs
Other department(s) Department of Defence, Department of Education and Science,
Department of Enterprise, Trade and Employment, Department of
Environment, Heritage and Local Government, Department of Finance,
Department of Justice, Equality and Law Reform
Given that the text of the Agreement has already been negotiated it was agreed that this
technical measure does not require further scrutiny by this Committee.
1.3
COM(2009)679
Proposal for a Council Decision on the signing of a voluntary partnership agreement between the
European Union and the Republic of the Congo on forest law enforcement, governance and trade in
timber and derived products to the European Union (FLEGT).
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
Other department(s) Office of the Revenue Commissioners
Based on the information available, it was agreed that this measure does not warrant further
scrutiny.
1.4
COM(2009)712
Proposal for a Council Decision appointing members of the European Social Fund Committee.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Education and Science, Department of Finance, Department of
Justice, Equality and Law Reform, Department of Social and Family Affairs
Given the technical nature of the proposal, it was agreed that the substance of this proposal
does not warrant further scrutiny. Clarification was sought from the Department of
Enterprise, Trade and Employment on the reason Ireland’s nominations are still pending. On
the basis of the information received it was agreed to note the proposal and the
correspondence.
1.5
SEC(2009)1635
Amending Letter No. 3 to the Preliminary Draft Budget 2010. Statement of Expenditure by section.
Section II - Council.
Lead department
Department of Finance
Other department(s) None
Given the information provided by the Department, it was agreed to note this adopted
proposal.
2.
Early Warning Notes
2.1
EWN: 2009/C234/05
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
glyphosate originating in the People’s Republic of China.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.
2.2
EWN: 2009/C308/12
Notice concerning anti-dumping measures on imports of ironing boards originating in the People’s
Republic of China and a partial reopening of the anti-dumping investigation concerning imports of
ironing boards originating, inter alia, in the People’s Republic of China.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) None
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.
2.3
EWN: 2009/C322/08
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
tungsten carbide and fused tungsten carbide originating in the People’s Republic of China.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.
2.4
EWN: 6/2010
Commission Regulation (EU) No 6/2010 of 5 January 2010 initiating a review of Council
Regulations (EC) No 1292/2007 and (EC) No 367/2006 (imposing definitive anti-dumping and
countervailing duties on imports of polyethylene terephthalate (PET) film originating in India, and
extending those duties to imports of that product consigned from, inter alia, Israel) for the purposes
of determining the possibility of granting an exemption from those measures to one Israeli exporter,
repealing the anti-dumping duty with regard to imports from that exporter and making imports from
that exporter subject to registration.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.
2.5
EWN: C8/10
Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of
polyethylene terephthalate (PET) film originating in India.
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed that this trade matter
does not warrant further scrutiny.
2.6
EWN: C8/11
Notice of initiation of a partial interim review of the countervailing measures applicable to imports
of polyethylene terephthalate (PET) film originating in India.
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed that this trade matter
does not warrant further scrutiny.
2.7
EWN: L332/60
Commission Regulation (EC) No 1242/2009 of 16 December 2009 imposing a provisional antidumping duty on imports of certain cargo scanning systems originating in the People’s Republic of
China.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed that this measure does
not warrant further scrutiny.
2.8
EWN: L336/16
Commission Regulation (EC) No 1247 /2009 of 17 December 2009 imposing a provisional antidumping duty on imports of certain molybdenum wires originating in the People’s Republic of
China.
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed that this measure does
not warrant further scrutiny.
3.
Justice and Home Affairs Measures
3.1
5275/10
Council Decision on the conclusion of the Agreement between the European Union and the United
States of America on the processing and transfer of Financial Messaging Data from the European
Union to the United States for purposes of the Terrorist Finance Tracking Program.
Lead department
Department of Justice, Equality and Law Reform
Given the concerns raised by the Civil Liberties Committee of the European Parliament on the
Agreement's respect for an EU citizen's right to personal data protection and that this
proposal will require Oireachtas approval in accordance with Article 29.4.7 of the
Constitution, it was agreed that this proposal warrants further scrutiny. To this end, it was
agreed to forward this proposal to the Joint Committee on Justice, Equality, Defence and
Women's Rights for detailed scrutiny.
3.2
5280/10
Draft Council Decision on the conclusion of the Agreement on behalf of the European Union of the
Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway
on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of
cross-border cooperation, particularly in combating terrorism and cross-border crime and Council
Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of
cross border cooperation, particularly in combating terrorism and cross border crime, and the Annex
thereto.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that Oireachtas approval is required before this
proposed Council Decision can be adopted, it was also agreed to forward this proposal to the
Joint Committee on Justice, Equality, Defence and Women’s Rights for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 23 FEBRUARY 2010
1.
OPENING OF MEETING
The Joint Committee met at 12.10 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Michael Kitt, Michael Mulcahy, Aengus
O’Snodaigh and John Perry in the chair.
Senators: Eugene Regan and Alex White.
Apologies: Senator Cecilia Keaveney.
The Committee agreed to start the meeting in private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 11 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 12.51 p.m. until Tuesday, 2nd March 2010.
________________
Mr. John Perry, T.D.
Chairman
9 March 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 23 February 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Early Warning Notes
5. Justice and Home Affairs measures
1.
For no further scrutiny
1.1
2009/1024/EU
Council Decision of 22 December 2009 amending the Schengen consultation network (technical
specifications).
Lead department
Department of Justice, Equality and Law Reform
Based on the fact that the proposal does not apply to Ireland, and is a technical Schengen
matter in this specific case, it was agreed that the proposal does not warrant further scrutiny.
1.2
COM(2009)657
Proposal for a Council Decision on the Community position to be taken in the EU – Switzerland
Joint Committee established in the Agreement between the European Community and the Swiss
Confederation in the audiovisual field, establishing the terms and conditions for the participation of
the Swiss Confederation in the Community program MEDIA 2007, as regards a Joint Committee
decision updating Article 1 in Annex I of the Agreement.
Lead department
Department of Arts, Sport and Tourism
Other department(s) Department of Communications, Energy and Natural Resources
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.
1.3
COM(2009)684
Proposal for a Council Decision on the Union position to be adopted in the Cooperation Committee
established by the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and Georgia, of the other part, in relation to the establishment
of new subcommittees.
Lead department
Department of Foreign Affairs
Other department(s) Department of Communications, Energy and Natural Resources, Department
of Education and Science, Department of Enterprise, Trade and Employment,
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Department of Health and Children, Department of Social and Family Affairs,
Department of Transport
Based on the information available, it was agreed that the proposal does not warrant further
scrutiny.
1.4
COM(2009)685
Proposal for a Council Decision on the Union position to be adopted in the Cooperation Committee
established by the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Republic of Armenia, of the other part, in relation to
the establishment of new subcommittees.
Lead department
Department of Foreign Affairs
Other department(s) Department of Communications, Energy and Natural Resources, Department
of Education and Science, Department of Enterprise, Trade and Employment,
Department of Health and Children, Department of Social and Family Affairs,
Department of Transport
Based on the information available, it was agreed that the proposal does not warrant further
scrutiny.
1.5
COM(2009)686
Proposal for a Council Decision on the Union position to be adopted in the Cooperation Committee
established by the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Republic of Azerbaijan, of the other part, in relation to
the establishment of new subcommittees.
Lead department
Department of Foreign Affairs
Other department(s) Department of Communications, Energy and Natural Resources, Department
of Education and Science, Department of Enterprise, Trade and Employment,
Department of Health and Children, Department of Social and Family Affairs,
Department of Transport
Based on the information available, it was agreed that the proposal does not warrant further
scrutiny.
1.6
COM(2010)16 - FON
Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of certain
ring binder mechanisms originating in the People’s Republic of China following an expiry review
pursuant to Article 11(2) of Regulation (EC) No 384/96.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this anti dumping measure does not
warrant further scrutiny.
1.7
COM(2010)17 - FON
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Proposal for a Council Regulation terminating the partial interim review of the anti-dumping
measures applicable to imports of certain tungsten electrodes originating in the People's Republic of
China.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this anti dumping measure does not
warrant further scrutiny.
1.8
COM(2010)29
Proposal for a Council Regulation extending the suspension of the definitive anti-dumping duty
imposed by Regulation (EC) 1683/2004 on imports of glyphosate originating in the People's
Republic of China.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this trade related proposal does not
warrant further scrutiny.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
16801/09
Initiative for a Directive of the European Parliament and of the Council on the rights to interpretation
and to translation in criminal proceedings.
Lead department
Department of Justice, Equality and Law Reform
Given that
(1)
the proposal was already scrutinised by this Committee last year, including at a meeting
in public session with representatives from the Department of Justice
(2)
the proposal is likely to be referred to the Justice Committee this week to consider the
approval of an opt in motion for Ireland to take part in the measure, it was agreed that the
proposal does not warrant further scrutiny by this Committee and should be forwarded to the
Joint Committee on Justice, Equality, Defence and Women’s Rights for information.
2.2
COM(2009)662
Amended Proposal for a Decision of the European Parliament and of the Council amending the
Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial
management as regards the multiannual financial framework: Financing projects in the field of
energy in the context of the European Economic Recovery Plan.
Lead department
Department of Finance
Other department(s) Department of Agriculture, Fisheries and Food, Department of
Communications, Energy and Natural Resources
It was agreed that this agreed proposal be noted. However, it was agreed to forward the
proposal for information to the Joint Committee on Agriculture and Food and the Joint
Committee on Communications, Energy and Natural Resources for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.
Justice and Home Affairs Measures
3.1
17513/09 COPEN 247 + COR 1
Initiative for a Directive of the European Parliament and of the Council on the European Protection
Order.
Lead department
Department of Justice, Equality and Law Reform
Given that concerns have been raised about the legal basis of this proposal, its possible
implications for domestic legislation and that Oireachtas approval may be required if the
Government decides to opt-in into the proposal, it was agreed that this proposal warrants
further scrutiny. To this end, it was agreed that the proposal is forwarded to the Joint
Committee on Justice, Equality, Defence and Women’s Rights for detailed scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 2 MARCH 2010
1.
OPENING OF MEETING
The Joint Committee met at 12.10 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Lucinda Creighton, Michael Kitt, and John Perry in the chair.
Senators: Terry Leyden and Alex White.
Apologies: Deputies Sean Connick and Aengus O’Snodaigh.
The Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
2.
ADJOURNMENT
The meeting was adjourned at 12.16 p.m. until Tuesday, 9th March 2010.
________________
Mr. John Perry, T.D.
Chairman
23 March 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 9 MARCH 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.36 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Timmy Dooley, Michael Kitt, Michael
Mulcahy Aengus Ó Snodaigh and John Perry in the chair.
Senators: Paddy Burke, Terry Leyden and Kieran Phelan.
Apologies: Senator Alex White.
The Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
[PUBLIC SESSION]
2. SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 6 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3. ADJOURNMENT
The meeting was adjourned at 12.46 p.m. until Tuesday, 23rd March 2010.
________________
Mr. John Perry, T.D.
Chairman
23 March 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 9 March 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
For no further scrutiny
For no further scrutiny – sent to sectoral committee for information
Justice and Home Affairs
1.
For no further scrutiny
1.1
COM(2009)658
Proposal for a Council Decision supplementing the Schengen Borders Code as regards the
surveillance of the sea external borders in the context of the operational cooperation coordinated by
the European Agency for the Management of Operational Cooperation at the External Borders.
Lead department
Department of Justice, Equality and Law Reform
Based on the information provided it was agreed that this proposal does not warrant further
scrutiny.
1.2
COM(2010)5
Proposal for a Council Regulation (EU) No …/2010 amending Regulation (EC) No 1210/2003
concerning certain specific restrictions on economic and financial relations with Iraq.
Lead department
Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Finance
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2008)861
Proposal for a Council Decision concluding the interim agreement establishing a framework for an
Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and
the European Community and its Member States on the other part.
Lead department
Department of Foreign Affairs
Other department(s) Department of Agriculture, Fisheries and Food, Department of Defence,
Department of Enterprise, Trade and Employment, Department of Finance,
Department of Justice, Equality and Law Reform, Office of the Revenue
Commissioners
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
AND
2.2
COM(2008)863
Proposal for a Council Decision on the signature and provisional application of the interim
agreement establishing a framework for an Economic Partnership Agreement between Eastern and
Southern Africa States, on the one part, and the European Community and its Member States, on the
other part.
Lead department
Department of Foreign Affairs
Other department(s) Department of Agriculture, Fisheries and Food, Department of Defence,
Department of Enterprise, Trade and Employment, Department of Finance,
Department of Justice, Equality and Law Reform, Office of the Revenue
Commissioners
Based on the available information, it was agreed that these proposals do not warrant further
scrutiny. It was further agreed that these proposals will be sent for information to the Joint
Committee on Foreign Affairs in advance of any motion coming before Dáil Éireann to
approve the terms of the Agreement.
2.3
COM(2009)611
Proposal for a Regulation of the European Parliament and of the Council on investigation and
prevention of accidents and incidents in civil aviation (Text with EEA relevance).
Lead department
Department of Transport
Based on the information available, it was agreed that the measure does not warrant further
scrutiny by this Committee. It was agreed however to send the measure to the Joint Committee
on Transport for its information.
3.
Justice and Home Affairs Measures
3.1
COM(2009)154
Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable
law, recognition and enforcement of decisions and authentic instruments in matters of succession
and the creation of a European Certificate of Succession.
Lead department
Department of Justice, Equality and Law Reform
Other department(s) Attorney General's Office
Based on the information available, and the fact that Ireland has chosen not to opt in to the
measure at this stage, it was agreed that the measure does not warrant further scrutiny by this
Committee. It was agreed however to send the measure to the Joint Committee on Justice,
Equality, Defence and Womens' Rights for its information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 23 MARCH 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.45 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Joe Costello, Damien English, Michael Kitt, Michael Mulcahy, and John Perry in the
chair.
Senators: Paddy Burke, Terry Leyden and Alex White.
Apologies: Senator Kieran Phelan.
The Committee agreed to start the meeting in private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 31 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 12.02 p.m. until Tuesday, 13 April 2010.
________________
Mr. John Perry, T.D.
Chairman
20 April 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 23 March 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
Adopted Measures
1.1
COM(2009)582
Proposal for a Council Decision authorising the Republic of Latvia to extend the application of a
measure derogating from Article 193 of Directive 2006/112/EC on the common system of value
added tax.
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
It was agreed to note this adopted measure.
1.2
COM(2009)583
Proposal for a Council Decision authorising the Republic of Austria to continue to apply a measure
derogating from Article 168 of Directive 2006/112/EC on the common system of value added tax.
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
It was agreed to note this adopted measure.
1.3
COM(2009)608
Proposal for a Council Decision authorising the Republic of Estonia and the Republic of Slovenia to
apply a measure derogating from Article 167 of Council Directive 2006/112/EC on the common
system of value added tax.
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
It was agreed to note this adopted measure.
1.4
COM(2009)641
Proposal for a Council Decision authorising the Portuguese Republic to apply a measure derogating
from Articles 168, 193 and 250 of Council Directive 2006/112/EC on the common system of value
added tax.
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
It was agreed to note this adopted measure.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.5
COM(2009)668
Proposal for a Council Decision authorising the Republic of Lithuania to extend the application of a
measure derogating from Article 193 of Council Directive 2006/112/EC on the common system of
value added tax (Only the Lithuanian version is authentic).
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
It was agreed to note this adopted measure.
1.6
COM(2010)48 - FON
Proposal for a Council Regulation amending Council Implementing Regulation (EU) No 1202/2009
of 7 December 2009 imposing a definitive anti-dumping duty on imports of furfuryl alcohol
originating in the People’s Republic of China following a 'new exporter' review pursuant to Article
11(4) of Regulation (EC) No 1225/2009.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) None
In light of the information given it was agreed that the Committee note this adopted measure.
1.7
COM(2010)50
Proposal for a Council Decision Amending Decision 2009/459/EC of 6 May 2009 providing
Community medium-term financial assistance for Romania.
Lead department
Department of Finance
Other department(s) None
In light of the information given it was agreed that the Committee note this adopted measure.
1.8
COM(2009)629
Amended proposal for a Council (EC, EURATOM) Regulation adjusting with effect from 1 July
2009 the remuneration and pensions of officials and other servants of the European Communities
and the correction coefficients applied thereto.
Lead department
Department of Finance
Other department(s) Department of Foreign Affairs
Based on the available information, it was agreed to note this adopted proposal.
2.
For no further scrutiny
2.1
COM(2010)20
Proposal for a Council Decision on the signature of an Agreement between the Republic of Croatia
and the European Union on the participation of the Republic of Croatia in the work of the European
Monitoring Centre for Drugs and Drug Addiction.
Lead department
Department of Health and Children
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Other department(s) None
AND
2.2
COM(2010)21
Proposal for a Council Decision on the conclusion of an Agreement between the Republic of Croatia
and the European Union on the participation of the Republic of Croatia in the work of the European
Monitoring Centre for Drugs and Drug Addiction.
Lead department
Department of Health and Children
Based on the information available, it was agreed that these proposals do not warrant further
scrutiny.
2.3
COM(2010)54
Proposal for a Regulation of the European Parliament and of the Council on amending Council
Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories
participating in or linked to the European Union's Stabilisation and Association process.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food
Department of Foreign Affairs
In light of the information provided by the Department, it was agreed that the measure does
not require further scrutiny by this Committee.
2.4
COM(2010)12
Proposal for a Regulation of the European Parliament and of the Council concerning European
Union financial contributions to the International Fund for Ireland (2007-2010).
Lead department
Department of Foreign Affairs
Other department(s) Department of Finance
Based on the available information, it was agreed that this proposal does not warrant further
scrutiny.
2.5
COM(2010)49
Proposal for a Regulation of the European Parliament and of the Council implementing the bilateral
safeguard clause of the EU-Korea Free Trade Agreement.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food
Department of Foreign Affairs
Based on the available information, it was agreed that this proposal do not warrant further
scrutiny.
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2009)672
Proposal for a Council Regulation laying down implementing measures for Directive 2006/112/EC
on the common system of value added tax (Recast).
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
Based on the information available, it was agreed that this proposal does not warrant further
detailed scrutiny. However, it was also agreed that the Committee write to the Department of
Finance to seek clarification on the amendments it is currently seeking to the draft Regulation.
It was also agreed to forward this proposal to the Joint Committee on Finance and the Public
Service for information.
3.2
COM(2010)26
Proposal for a Council Decision making public the Recommendation with a view to ending the
inconsistency with the broad guidelines of the economic policies in Greece and removing the risk of
jeopardising the proper functioning of economic and monetary union.
Lead department
Department of Finance
It was agreed to note this adopted measure. However, it was also agreed to forward the
Council Recommendation made public by the adoption of this Decision, together with the
related Council Decision and Opinion, to the Joint Committee on European Affairs and the
Joint Committee on Finance and the Public Service for information.
3.3
COM(2009)701
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and Australia on the processing and transfer of EU-sourced passenger name record (PNR) data by air
carriers to the Australian Customs Service.
Lead department
Department of Transport
Other department(s) Department of Justice, Equality and Law Reform
Based on the available information, it was agreed that this proposal does not warrant further
scrutiny. It was further agreed that this proposal will be sent for information to the Joint
Committees on Transport and Justice, Equality, Defence and Women's Rights.
3.4
COM(2009)702
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the United States of America on the processing and transfer of Passenger Name Record (PNR)
data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR
agreement).
Lead department
Department of Transport
Other department(s) Department of Justice, Equality and Law Reform
Based on the available information, it was agreed that this proposal does not warrant further
scrutiny. It was further agreed that this proposal will be sent for information to the Joint
Committees on Transport and Justice, Equality, Defence and Women's Rights.
3.5
COM(2010)7
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Finance
AND
3.6
COM(2010)8
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Finance
AND
3.7
COM(2010)9
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Finance
AND
3.8
COM(2010)56
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund for EGF/2009/018 LT/Manufacture of wearing apparel
submitted by Lithuania.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Finance
AND
3.9
COM(2010)58
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund for EGF/2009/016 LT/Manufacture of furniture submitted
by Lithuania.
Lead department
Department of Enterprise, Trade and Employment
Other department(s) Department of Finance
Based on the available information, it was agreed that these proposals do not warrant further
scrutiny. It was further agreed that these proposals will be sent for information to the Joint
Committee on Enterprise, Trade and Employment.
4.
CFSP Measures
4.1
CFSP(2010)106
Council Decision 2010/106/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the crisis in Georgia.
Lead department
Department of Foreign Affairs
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.2
CFSP(2010)107
Council Decision 2010/107/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the Middle East peace process.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.3
CFSP(2010)108
Council Decision 2010/108/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative in the Republic of Moldova.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.4
CFSP(2010)109
Council Decision 2010/109/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the South Caucasus.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.5
CFSP(2010)110
Council Decision 2010/110/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for Sudan.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.6
CFSP(2010)111
Council Decision 2010/111/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative in Bosnia and Herzegovina.
Lead department
Department of Foreign Affairs
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.7
CFSP(2010)112
Council Decision 2010/112/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for Central Asia.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.8
CFSP(2010)113
Council Decision 2010/113/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the African Great Lakes Region.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.9
CFSP(2010)118
Council Decision 2010/118/CFSP of 25 February 2010 extending the mandate of the European
Union Special Representative in Kosovo.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.10 CFSP(2010)119
Council Decision 2010/119/CFSP of 25 February 2010 extending and amending the mandate of the
European Union Special Representative to the African Union.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
4.11 CFSP(2010)120
Council Decision 2010/120/CFSP of 25 February 2010 extending and amending the mandate of the
European Union Special Representative for Afghanistan and Pakistan.
Lead department
Department of Foreign Affairs
Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
4.12 CFSP(2010)121
Council Decision 2010/121/CFSP of 25 February 2010 amending the Annex to Common Position
2004/161/CFSP renewing restrictive measures against Zimbabwe.
Lead department
Department of Foreign Affairs
Other department(s) Department of Finance, Department of Justice, Equality and Law Reform
Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
4.13 CFSP(2010)92
Council Decision 2010/92/CFSP of 15 February 2010 extending restrictive measures against
Zimbabwe.
Lead department
Department of Foreign Affairs
Other department(s) Department of Finance, Department of Justice, Equality and Law Reform
Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
5.
Refer to sectoral committee for detailed scrutiny
5.1
COM(2010)23
Proposal for a Council Regulation amending Regulation (EU) No 23/2010 as regards the fishing
opportunities for certain fish stocks and following the conclusion of the bilateral fisheries
arrangements for 2010 with Norway and the Faroe Islands.
Lead department
Department of Agriculture, Fisheries and Food
Given the importance of this proposed Regulation, which sets the Total Allowable Catches
(TACs) and national fishing quotas for 2010, for the Irish fishing industry and the fact that the
agreement with Norway allows for the setting of quotas for mackerel catches, Ireland's most
important stock from an economic perspective, it was agreed that this proposal warrants
further scrutiny. To this end, it was agreed that the proposal is referred to the Joint
Committee on Agriculture, Fisheries and Food for detailed scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 20 APRIL 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.37 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Joe Costello, Lucinda Creighton, Michael Kitt, Michael Mulcahy, Aengus O’Snodaigh
and John Perry in the chair.
Senators: Terry Leyden and Kieran Phelan.
Apologies: Senator Alex White.
The Committee agreed to start the meeting in private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 12 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
DISCUSSION WITH THE SECRETARY GENERAL OF THE DEPARTMENT OF JUSTICE,
EQUALITY AND LAW REFORM
The Committee took oral evidence from Mr. Seán Aylward, Secretary General of the Department of
Justice, Equality and Law Reform on his Department’s Six-Monthly Report on new EU Legislation
from July to December 2009. The Secretary General was accompanied by Ms. Joyce Duffy and Ms.
Rachel Woods from his Department. Debate ensued and concluded.
4.
ADJOURNMENT
The meeting was adjourned at 13.01 p.m. until Tuesday, 11 May 2010.
________________
Mr. John Perry, T.D.
Chairman
11 May 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 20 April 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
CFSP Measures
1.
For no further scrutiny
1.1
COM(2009)581
Proposal for a Council Regulation on Community financial assistance with respect to the
decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant in Bulgaria “Kozloduy
Programme”.
Lead department
Department of Environment, Heritage and Local Government
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.
1.2
COM(2009)707
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA
on the stepping up of cross-border cooperation, particularly in combatting terrorism and cross-border
crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the
stepping up of cross-border cooperation, particularly in combatting terrorism and cross-border crime,
and the Annex thereto.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, and that the Committee scrutinised and produced a report
on a related decision, and that the Dáil and Seanad Éireann have already agreed motions
approving the exercise by the State of the option to opt-in to the adoption of this measure, it
was agreed that this proposal does not warrant further scrutiny.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2007)856
Proposal for a Regulation of the European Parliament and of the Council setting emission
performance standards for new passenger cars as part of the Community's integrated approach to
reduce CO2 emissions from light-duty vehicles.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Environment, Heritage and Local Government
Other department(s) Department of Transport, Office of the Revenue Commissioners
It was agreed to note this adopted measure and to forward it to the Joint Committee on
Climate Change and Energy Security and the Joint Committee on Transport for information.
2.2
COM(2009)427
Proposal for a Council Regulation on administrative cooperation and combating fraud in the field of
value added tax (Recast).
Lead department
Department of Finance
Other department(s) Office of the Revenue Commissioners
Based on the information available, it was agreed that the Committee would write to the
Minister for Finance with respect to this proposal, indicating that the Committee is aware that
the Department has concerns with respect to the issues highlighted above and that the
Committee would share its concerns The letter would also indicate that it is aware that the
Department is working, in co-operation with other Member States to deal with these concerns.
Finally, was agreed that the Department would be asked to update the Committee as
appropriate with regard to substantial amendments to the proposal.
It was agreed that this proposal does not warrant further scrutiny by this Committee and that
it would be sent to the Joint Committee on Finance and the Public Service for information.
2.3
COM(2009)593
Proposal for a Regulation of the European Parliament and of the Council setting emission
performance standards for new light commercial vehicles as part of the Community's integrated
approach to reduce CO2 emissions from light-duty vehicles.
Lead department
Department of Environment, Heritage and Local Government
Other department(s) Department of Transport, Office of the Revenue Commissioners
Given that this proposal relating to vans is similar in form and intention to the recently
adopted measure applying to cars (Regulation (EC) No 443/2009), it was agreed that this
proposal does not warrant further scrutiny by this Committee. However given that it
represents a further stage in the EU’s attempts to limit carbon dioxide emissions from light
duty vehicles, it was agreed that the proposal be sent for information to the Joint Committee
on the Environment, Heritage and Local Government.
2.4
COM(2009)703
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the United States of America on the processing and transfer of Financial Messaging Data from
the European Union to the United States for purposes of the Terrorist Finance Tracking Program.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available and given that the European Parliament has withheld
consent for the conclusion of this Agreement, it was agreed that this proposal does not warrant
further scrutiny at this time. It was also agreed that it would be sent to the Joint Committee
for Justice, Equality, Defence and Women’s Rights, for information, as that Committee had
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
discussed the earlier related proposal and in anticipation of the likely development by the
Commission of a new proposal in this area.
3.
CFSP Measures
3.1
CFSP 6976/10
Council Decision on the signing and conclusion of the Agreement betweenthe European Union and
Montenegro on the participation of Montenegro inthe European Union military operation to
contribute to the deterrence, preventionand repression of acts of piracy and armed robbery off the
Somali coast(Operation Atalanta).
Lead department
Department of Foreign Affairs
It was agreed to note this CFSP measure.
3.2
CFSP 7478/10
Negotiation of a security of information Agreement with the Republic of Serbia.
Lead department
Department of Foreign Affairs
It was agreed to note this CFSP measure.
3.3
CFSP(2010)126
Council Decision 2010/126/CFSP of 1 March 2010 amending Common Position 2009/138/CFSP
concerning restrictive measures against Somalia.
Lead department
Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Finance,
Department of Justice, Equality and Law Reform
Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
3.4
CFSP(2010)127
Council Decision 2010/127/CFSP of 1 March 2010 concerning restrictive measures against Eritrea.
Lead department
Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Finance,
Department of Justice, Equality and Law Reform
Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
3.5
CFSP(2010)129
Council Decision 2010/129/CFSP of 1 March 2010 amending Common Position 2008/109/CFSP
concerning restrictive measures imposed against Liberia.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Justice,
Equality and Law Reform
Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
3.6
CFSP(2010)145
Council Decision 2010/145/CFSP of 8 March 2010 renewing measures in support of the effective
implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia
(ICTY).
Lead department
Department of Foreign Affairs
Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 11 MAY 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.38 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Joe Costello, Lucinda Creighton, Timmy Dooley, Michael Kitt, Noel O’Flynn, Aengus
O’Snodaigh and John Perry in the chair.
Senators: Terry Leyden, Kieran Phelan, Eugene Regan.
Apologies: Senator Alex White.
The Committee agreed to start the meeting in private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 11 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
DISCUSSION WITH MR. MARTIN TERRITT, DIRECTOR, EUROPEAN COMMISSION
REPRESENTATION IN IRELAND
The Committee took oral evidence from Mr. Martin Territt, Director of the European Commission
Representation in Ireland regarding the group visits service for primary and post primary schools.
The Committee agreed to work closely with the Commission Representation on ways of making
information about the Representation Office available to visitors to Leinster House. Debate ensued
and concluded.
4.
ADJOURNMENT
The meeting was adjourned at 12.50 p.m. until Tuesday, 25 May 2010.
________________
Mr. John Perry, T.D.
Chairman
25 May 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 11 May 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
1.
For no further scrutiny
1.1
COM(2010)111
Proposal for a Council Implementing Decision authorising the Federal Republic of Germany and the
Grand Duchy of Luxembourg to apply a measure derogating from Article 5 of Directive
2006/112/EC on the common system of value added tax.
Lead department
Department of Finance
Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.
1.2
COM(2010)118
Proposal for a Council Decision on the conclusion of a voluntary partnership agreement between the
European Union and the Republic of the Congo on forest law enforcement, governance and trade in
timber and derived products to the European Union (FLEGT).
Lead department
Department of Agriculture, Fisheries and Food
Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.
1.3
COM(2010)57
Proposal for a Council Decision on a EU position within the EC-South Africa Cooperation Council
on the amendment of the relevant provisions and Annexes to the Trade, Development and
Cooperation Agreement (TDCA) between the European Community and its Member States, on the
one part, and the Republic of South Africa, on the other part, to align certain tariffs with those
applied to the EU products by Botswana, Lesotho and Swaziland in the Annex 3 of the EU-SADC
interim Economic Partnership Agreement.
Lead department
Department of Foreign Affairs
It was agreed that this proposal does not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.4
COM(2010)71
Proposal for a Regulation of the European Parliament and of the Council amending Council
Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general
budget of the European Communities.
Lead department
Department of Finance
AND
1.5
COM(2010)72
Proposal for a Council Regulation laying down the multiannual financial framework for the years
2007-2013.
Lead department
Department of Finance
It was agreed that these proposals do not warrant further scrutiny.
1.6
COM(2010)96
Proposal for a Regulation of the European Parliament and of the Council repealing Council
Regulation (EC) No 1964/2005 on the tariff rates for bananas.
Lead department
Department of Agriculture, Fisheries and Food
Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.
1.7
COM(2010)97
Proposal for a Council Decision on the signature and provisional application of a "General
Agreement on Trade in Bananas" between the European Union and Brazil, Colombia, Costa Rica,
Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an
"Agreement on Trade in Bananas" between the European Union and the United States.
Lead department
Department of Agriculture, Fisheries and Food
Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.
1.8
COM(2010)98
Proposal for a Council Decision on the conclusion of a Geneva Agreement on Trade in Bananas
between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras,
Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas
between the European Union and the United States.
Lead department
Department of Agriculture, Fisheries and Food
Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2010)107
DRAFT AMENDING BUDGET N° 1 TO THE GENERAL BUDGET 2010 STATEMENT OF
REVENUE AND EXPENDITURE BY SECTION Section I - Parliament (presented by the
Commission).
Lead department
Department of Finance
It was agreed that this proposal does not warrant further scrutiny by this Committee.
However, given the minimal implications for Ireland’s financial contribution to the EU budget
in 2010 if this proposal is approved, it was also agreed that the proposal will be forwarded to
the Joint Committee on Finance and the Public Service for information.
2.2
COM(2010)108
DRAFT AMENDING BUDGET N° 2 TO THE GENERAL BUDGET 2010 STATEMENT OF
REVENUE AND EXPENDITURE BY SECTION Section III - Commission Section VI – European
Economic and Social Committee Section VII - Committee of the Regions (presented by the
Commission).
Lead department
Department of Finance
It was agreed that this proposal does not warrant further scrutiny by this Committee.
However, given the minimal implications for Ireland’s financial contribution to the EU budget
in 2010 if this proposal is approved, it was also agreed that the proposal will be forwarded to
the Joint Committee on Finance and the Public Service for information.
2.3
COM(2010)117
Proposal for a Regulation (EU) No …/…. of the European Parliament and of the Council concerning
European statistics on tourism (Text with EEA relevance).
Lead department
Central Statistics Office
It was agreed that this proposal does not warrant further scrutiny by this Committee.
However, it was also agreed to forward this proposal to the Joint Committee on Arts, Sport,
Tourism, Community, Rural and Gaeltacht Affairs for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 25 MAY 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.36 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Joe Costello, Lucinda Creighton, Timmy Dooley, Michael Mulcahy, Noel O’Flynn, John
Perry in the chair.
Senators: Paddy Burke, Terry Leyden, Alex White.
Substitutes: Deputy Phil Hogan in substitution for Deputy Damien English, Deputy Eamon
Scanlon in substitution for Deputy Michael Kitt. Senator Paschal Mooney in substitution for Senator
Kieran Phelan.
MEP: Ms Marian Harkin.
The Committee agreed to start the meeting in private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 20 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
DISCUSSION REGARDING THE IMPLEMENTATION OF THE NEW EPA CODE OF PRACTICE ON
WASTEWATER TREATMENT AND DISPOSAL SYSTEMS SERVING SINGLE HOUSES.
The Committee took oral evidence from the Department of the Environment, Heritage and Local
Government, the Environmental Protection Agency, Leitrim County Council and Bio Tech regarding
the implementation of the new EPA Code of Practice on Wastewater Treatment and Disposal
Systems serving Single Houses. It was agreed that the witnesses would forward to the Committee
written responses in relation to any issues raised during the discussion which required further
clarification. Debate ensued and concluded.
4.
ADJOURNMENT
The meeting was adjourned at 13.56 p.m. until Tuesday, 15 June 2010.
________________
Mr. John Perry, T.D.
Chairman
15 June 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 25 May 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny
3. For no further scrutiny – send to sectoral Committee for information
1.
Adopted Measures
1.1
COM(2009)480
Proposal for a Council Decision on the conclusion, by the Commission, of the
Agreement for co-operation between the European Atomic Energy
Community and the Government of the Federative Republic of Brazil in the
field of fusion energy research.
Department of Environment, Heritage and Local
Government
Lead department
Based on the information available, it was agreed that this proposal would
be noted.
1.2
COM(2009)575
Proposal for a Council decision on the financial contributions to be paid by
the Member States to finance the European Development Fund (3rd
instalment 2009).
Department of Foreign Affairs
Lead department
It was agreed to note this adopted measure.
1.3
COM(2010)80
Proposal for a Council Regulation amending Regulation (EC) No 452/2007
imposing a definitive anti-dumping duty on imports of ironing boards
originating, inter alia, in the People’s Republic of China
Department of Enterprise, Trade and Employment
Lead department
Given that there are no reported difficulties for Ireland, it was agreed
that this adopted measure does not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.4
COM(2010)123
Proposal for a Council Regulation amending Regulation (EC) No 1487/2005
imposing a definitive anti-dumping duty and definitively collecting the
provisional duty imposed on imports of certain finished polyester filament
fabrics originating in the People’s Republic of China.
Department of Enterprise, Trade and Employment
Lead department
Based on the information available, it was agreed that this adopted
proposal be noted.
1.5
COM(2010)140
Proposal for a Council Regulation extending the definitive anti-dumping duty
imposed by Council Regulation (EC) No 1858/2005 on imports of steel ropes
and cables originating, inter alia, in the People’s Republic of China to imports
of steel ropes and cables consigned from the Republic of Korea, whether
declared as originating in the Republic of Korea or not, and terminating the
investigation in respect of imports consigned from Malaysia.
Department of Enterprise, Trade and Employment
Lead department
It was agreed to note this adopted measure.
2.
For no further scrutiny
2.1
COM(2009)585
Proposal for a Council Decision establishing the position to be adopted on
behalf of the European Community with regard to proposals for amending
Annexes II and III to the Protocol concerning Specially Protected Areas and
Biological Diversity in the Mediterranean (SPA/BD Protocol) of the
Convention for the Protection of the Marine Environment and the Coastal
Region of the Mediterranean (Barcelona Convention) at the sixteenth meeting
of the Contracting Parties.
Department of Environment, Heritage and Local
Government
Lead department
Given that this is a technical measure with no particular implications for
Ireland, it was agreed that it does not require further scrutiny by this
Committee.
2.2
COM(2010)18
Proposal for a Council Decision authorising Member States to accede to the
Convention relating to international exhibitions signed at Paris on 22
November 1928 and supplemented by the Protocols of 10 May 1948, 16
November 1966, 30 November 1972 and the Amendment of 24 June 1982 and
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
the Amendment of 31 May 1988.
Office of the Revenue Commissioners
Lead department
It was agreed that this proposal does not warrant further scrutiny.
2.3
COM(2010)129
Proposal for a Council Implementing Decision authorising the Kingdom of the
Netherlands to apply a measure derogating from Article 193 of Directive
2006/112/EC on the common system of value added tax.
Department of Finance
Lead department
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.4
COM(2010)136
Proposal for a Council Decision authorising the signature and provisional
application of the Free Trade Agreement between the European Union and its
Member States and the Republic of Korea.
Department of Enterprise, Trade and Employment
Lead department
Based on the information provided by the Department, it was agreed that
this trade proposal does not warrant further scrutiny by this Committee.
2.5
COM(2010)139
Proposal for a Council Decision establishing the position to be adopted on
behalf of the European Union within the Food Aid Committee as regards the
extension of the Food Aid Convention, 1999.
Department of Agriculture, Fisheries and Food
Lead department
Based on the information provided by the Department, it was agreed that
this technical proposal does not warrant further scrutiny by this
Committee.
2.6
COM(2010)144
Proposal for a Council Decision on the provisional application of the
Fisheries Partnership Agreement between the European Union and Solomon
Islands.
Department of Agriculture, Fisheries and Food
Lead department
Based on the information provided by the Department, it was agreed that
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
this technical proposal does not warrant further scrutiny by this
Committee.
2.7
COM(2010)149
Draft Amending Budget N° 3 to the General Budget 2010. Statement of
Expenditure by Section. Section III - Commission.
Department of Finance
Lead department
Based on the information provided by the Department, it was agreed that
this budgetary proposal does not warrant further scrutiny by this
Committee.
2.8
COM(2010)150
Proposal for a Decision of the European Parliament and of the Council on the
Mobilisation of the Flexibility Instrument.
Department of Finance
Lead department
Based on the information provided by the Department, it was agreed that
this proposal does not warrant further scrutiny by this Committee.
2.9
COM(2010)152
Proposal for a Council Decision on the signature, on behalf of the European
Union, of the Convention on the Conservation and Management of High Seas
Fishery Resources in the South Pacific Ocean.
Department of Agriculture, Fisheries and Food
Lead department
It was agreed that this proposal does not warrant further scrutiny.
2.10 COM(2010)195
Proposal for a Council Decision of […] concerning the allocation of the funds
decommitted from projects under the 9th and previous European Development
Funds (EDF) for the purpose of addressing the needs of the most vulnerable
population in Sudan.
Department of Foreign Affairs
Lead department
Based on the information provided by the Department, it was agreed that
this humanitarian proposal does not warrant further scrutiny by this
Committee.
2.11 EWN: 2010/C 123/11
Notice of initiation of an expiry review of the countervailing measures
applicable to imports of certain broad-spectrum antibiotics originating in India
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Department of Enterprise, Trade and Employment
Lead department
It was agreed that this measure does not require further scrutiny at this
stage.
2.12 EWN: L 2/5
Commission Regulation (EU) No 6/2010 of 5 January 2010 initiating a review
of Council Regulations (EC) No 1292/2007 and (EC) No 367/2006 (imposing
definitive anti-dumping measures and countervailing duties on imports of
polyethylene terephthalate (PET) film originating in India, and extending
those duties to imports of that product consigned from, inter alia, Israel) for
the purposes of determining the possibility of granting an exemption from
those measures to one Israeli exporter, repealing the anti-dumping duty with
regard to imports from that exporter and making imports from that exporter
subject to registration.
Department of Enterprise, Trade and Employment
Lead department
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2010)19
Proposal for a Council Decision on adapting and extending the period of
application of the measures in Decision 2002/148/EC concluding consultations
with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement.
Department of Foreign Affairs
Lead department
It was agreed that this proposal does not warrant further scrutiny by this
committee. It was also agreed that it be forwarded to the Joint Committee
on Foreign Affairs for information.
3.2
COM(2010)82
Proposal for a Directive of the European Parliament and of the Council on the
right to interpretation and translation in criminal proceedings.
Department of Justice, Equality and Law Reform
Lead department
Given that
(1)
the earlier proposal , which this proposal follows on from, was
already scrutinised by this Committee last year, including at a meeting in
public session with representatives from the Department of Justice
(2)
that the Committee agreed not to scrutinised a parallel proposal
16801/09, but did refer it to the Joint Committee on Justice, Equality and
Law Reform for information, in anticipation of its referral to that
Committee in advance of Dáil and Seanad opt-in motions,
it was agreed that the proposal does not warrant further scrutiny by this
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Committee and will be forwarded to the Joint Committee on Justice,
Equality, Defence and Women’s Rights for information.
3.3
COM(2010)181
Proposal for a Council Decision concerning the conclusion of consultations
with the Republic of Madagascar under Article 96 of the ACP-EC Partnership
Agreement.
Department of Foreign Affairs
Lead department
It was agreed that this proposal does not warrant further scrutiny by this
committee. It was also agreed that it be forwarded to the Joint Committee
on Foreign Affairs for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 15 JUNE 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.45 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Joe Costello, Timmy Dooley, Michael Kitt, Aengus Ó Snodaigh and John Perry in the
chair.
Senators: Terry Leyden and Eugene Regan.
Apologies were received from Senator Alex White.
2.
EXPRESSIONS OF SYMPATHY
Expressions of sympathy were held on the death of Senator Kieran Phelan.
The Committee agreed to go into private session.
[PUBLIC SESSION]
3.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee began consideration of 32 new EU legislative proposals.
The Joint Committee agreed to go into PRIVATE SESSION at 12.10 p.m.
The Joint Committee resumed in PUBLIC SESSION at 12.13 p.m.
4.
SCRUTINY OF EU LEGISLATIVE PROPOSALS CONTINUED
The Committee concluded consideration of 32 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix 1.
5.
ADJOURNMENT
The meeting was adjourned at 12.20 p.m. until Tuesday, 29 June 2010.
________________
Mr. John Perry, T.D.
Chairman
June 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 15 June 2010
Decision List
Proposals in this decision list are placed in the following Categories:
4. Adopted Measures
5. For no further scrutiny
6. For no further scrutiny – send to sectoral Committee for information
1.
Adopted Measures
1.1
COM(2008)778
Proposal for a Directive of the European Parliament and of the Council on the
indication by labelling and standard product information of the consumption
of energy and other resources by energy-related products.
Lead department
Department of Communications, Energy and
Natural Resources
Given that the proposal is in the course of adoption, it was agreed that it
does not require further scrutiny by the Committee at this stage.
1.2
COM(2010)115
Proposal for a Council Regulation amending Regulation (EC)No 1001/2008
imposing a definitive anti-dumping duty on imports of certain tube and pipe
fittings, of iron or steel originating, inter alia, in Malaysia.
Lead department
Department of Enterprise, Trade and Employment
In light of the information given it was agreed that the Committee notes
this adopted measure.
1.3
COM(2010)122
Proposal for a Council Decision on the position to be adopted in the EEA Joint
Committee concerning an amendment of Protocol 31 to the EEA Agreement,
on cooperation in specific fields outside the four freedoms (ISA).
Lead department
Department of Finance
It was agreed to note this adopted measure.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.
For no further scrutiny
2.1
COM(2009)546
Proposal for a Directive of the European Parliament and of the Council
relating to the radio interference (electromagnetic compatibility) of vehicles
(Codified version).
Lead department
Department of the Taoiseach
Based on the information from the Department, it was agreed that this
proposal does not warrant further scrutiny.
2.2
COM(2010)30
Proposal for a Council Decision concerning the conclusion, on behalf of the
European Union, of the Protocol on Integrated Coastal Zone Management to
the Convention for the Protection of the Marine Environment and the Coastal
Region of the Mediterranean.
Lead department
Department of Environment, Heritage and Local
Government
In light of the information provided by the Department for this technical
measure, it was agreed that it does not require further scrutiny by this
Committee.
2.3
COM(2010)61
Proposal for a Regulation of the European Parliament and the Council
amending Council Regulation (EC) No 2007/2004 establishing a European
Agency for the Management of Operational Cooperation at the External
Borders of the Member States of the European Union (FRONTEX).
Lead department
Department of Justice, Equality and Law Reform
Given that Ireland will not be taking part in this Title V measure, it was
agreed that the proposal does not warrant further scrutiny by this
Committee.
2.4
COM(2010)65
Proposal for a Regulation of the European Parliament and of the Council
amending Directive 2009/42/EC of the European Parliament and of the
Council on statistical returns in respect of carriage of goods and passengers by
sea.
Lead department
Central Statistics Office
Given that this is a technical proposal to update the law on maritime
statistics, it was agreed that it does not require further scrutiny by this
Committee.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.5
COM(2010)75
Proposal for a Council Decision concerning the approval, on behalf of the
European Union, of amendments to the Convention on Future Multilateral
Cooperation in the Northwest Atlantic Fisheries.
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
2.6
COM(2010)76
Proposal for a Decision of the European Parliament and of the Council
establishing a European Union action for the European Heritage Label.
Lead department
Department of Environment, Heritage and Local
Government
Based on the information provided it was agreed that this proposal does
not warrant further scrutiny. It was agreed that the Committee would
write to the Minister for the Environment, Heritage and Local
Government indicating that the Committee welcomed this initiative as an
opportunity to raise young people’s awareness of their common cultural
heritage and its belief that participation in the scheme, especially in a
transnational context, could highlight Ireland's historic ties over nearly
two centuries with its fellow Member States.
2.7
COM(2010)132
Proposal for a Regulation of the European Parliament and of the Council on
European environmental economic accounts.
Lead department
Central Statistics Office
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.8
COM(2010)137
Proposal for a Council Decision concluding the Free Trade Agreement
between the European Union and its Member States and the Republic of
Korea.
Lead department
Department of Enterprise, Trade and Employment
In light of the information given it was agreed that the Committee notes
this trade measure.
2.9
COM(2010)146
Proposal for a Council Regulation concerning the allocation of the fishing
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opportunities under the Fisheries Partnership Agreement between the
European Union and Solomon Islands.
Lead department
Department of Agriculture, Fisheries and Food
AND
2.10 COM(2010)177
Proposal for a Council Decision on the conclusion of a Fisheries Partnership
Agreement between the European Union and Solomon Islands
Lead department
Department of Agriculture, Fisheries and Food
Given the information provided by the Department, it was agreed that
these proposals do not warrant further scrutiny.
2.11 COM(2010)153
Proposal for a Council Decision on the Agreement in the form of an Exchange
of Letters between the European Union and the Republic of Chile on the
provisional application of the Understanding concerning the conservation of
swordfish stocks in the South-Eastern Pacific Ocean.
Lead department
Department of Agriculture, Fisheries and Food
It was agreed that this proposal does not warrant further scrutiny.
2.12 COM(2010)154
Proposal for a Council Decision of […] on the conclusion of the Agreement in
the form of an Exchange of Letters between the European Union and the
Republic of Chile on the conclusion of the Understanding concerning the
conservation of swordfish stocks in the South-Eastern Pacific Ocean.
Lead department
Department of Agriculture, Fisheries and Food
In light of the information given by the Department, it was agreed that
this measure does not require further scrutiny by this Committee.
2.13 COM(2010)169
Draft Amending Budget N° 4 to the General Budget 2010 Statement of
Expenditure by Section
Lead department
Department of Finance
Based on the information provided by the Department, it was agreed that
this budgetary proposal does not warrant further scrutiny by this
Committee.
2.14 COM(2010)174
Proposal for a Decision of the European Parliament and of the Council
granting an EU guarantee to the European Investment Bank against losses
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
under loans and guarantees for projects outside the European Union.
Lead department
Department of Finance
In light of the information provided by the Department, it was agreed that
the proposal does not require further scrutiny by this Committee.
2.15 COM(2010)179
Proposal for a Directive of the European Parliament and of the Council laying
down a procedure for the provision of information in the field of technical
standards and regulations and of rules on Information Society services.
Lead department
Department of Enterprise, Trade and Innovation
Given that this is a technical proposal to codify existing law, it was agreed
that it does not require further scrutiny by this Committee.
2.16 COM(2010)182
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (EGF/2010/000 TA 2010 technical assistance at the initiative of the Commission).
Lead department
Department of Enterprise, Trade and Employment
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
2.17 COM(2010)215
Proposal for a Council Regulation adjusting the correction coefficients
applicable to the remuneration and pensions of officials and other servants of
the European Union.
Lead department
Department of Finance
It was agreed that this proposal does not warrant further scrutiny.
2.18 COM(2010)222
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of sodium cyclamate originating in the People’s Republic of China
and Indonesia following an expiry review pursuant to Article 11(2) of
Regulation (EC) No 1225/2009.
Lead department
Department of Enterprise, Trade and Employment
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
2.19 COM(2010)236
Proposal for a Council Regulation imposing a definitive anti-dumping duty
and collecting definitively the provisional duty imposed on imports of certain
molybdenum originating in the People’s Republic of China.
Lead department
Department of Enterprise, Trade and Employment
It was agreed that this proposal does not warrant further scrutiny.
2.20 COM(2010)237
Proposal for a Council Regulation imposing a definitive anti-dumping duty
and collecting definitively the provisional duty imposed on imports of certain
cargo scanning systems originating in the People’s Republic of China.
Lead department
Department of Enterprise, Trade and Employment
It was agreed that this proposal does not warrant further scrutiny.
2.21 COM(2010)239
Proposal for a Council Decision on the adoption by Estonia of the euro on 1
January 2011.
Lead department
Department of Finance
In view of the information provided by the Department it was agreed that
the measure does not require further scrutiny by this Committee.
2.22 COM(2010)240
Proposal for a Council Regulation amending Regulation (EC) No 974/98 as
regards the introduction of the euro in Estonia.
Lead department
Department of Finance
In view of the information provided by the Department it was agreed that
the measure does not require further scrutiny by this Committee.
2.23 EWN: 2010/C 64/07
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports polyester staple fibres originating in the People’s
Republic of China.
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.24 EWN: L 111 /5
Commission Regulation (EU) No 377/2010 of 3 May 2010 imposing a
provisional anti-dumping duty on imports of sodium gluconate originating in
the People’s Republic of China.
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
2.25 EWN: L 117/64
Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a
provisional anti-dumping duty on imports of certain aluminium wheels
originating in the People’s Republic of China
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2010)93
Amended Proposal for a Regulation (EU) No …/… of the European
Parliament and of the Council on establishing an Agency for the operational
management of large-scale IT systems in the area of freedom, security and
justice (presented by the Commission pursuant to Article 293(2) of the Treaty
on the Functioning of the European Union).
Lead department
Department of Justice, Equality and Law Reform
It was agreed to note this proposal and forward it to the Joint Committee
on Justice, Equality, Defence and Women’s Rights for information given
the probability that it will be referred to that Committee by the
Oireachtas in accordance with Article 29.4.7 of the Constitution if the
Government decides to opt-in.
3.2
COM(2010)104
Proposal for a Council Decision No …/2010/EU authorising enhanced
cooperation in the area of the law applicable to divorce and legal separation.
Lead department
Department of Justice, Equality and Law Reform
AND
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3.3
COM(2010)105
Proposal for a Council Regulation (EU) implementing enhanced cooperation
in the area of the law applicable to divorce and legal separation.
Lead department
Department of Justice, Equality and Law Reform
Given that Ireland did not opt into the original proposal in 2006 and has
indicated that Ireland will not be participating in the proposed enhanced
cooperation, it was agreed that these proposals do not warrant further
scrutiny. However, given the significance of the fact that this is the first
time that provisions of the Treaties on the establishment of enhanced
cooperation are being invoked, it was agreed to forward these proposals
to the Joint Committee on Justice, Equality, Defence and Women’s Rights
and the Joint Committee on European Affairs for information.
3.4
COM(2010)196
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/012
IE/Waterford Crystal, Ireland).
Lead department
Department of Education and Skills
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny by this Committee. It was agreed that this
proposal will be sent for information to the Joint Committee on
Enterprise, Trade and Employment.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 29 JUNE 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.38 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Lucinda Creighton, Timmy Dooley, Michael Kitt, Michael Mulcahy, Noel O’Flynn,
Aengus Ó Snodaigh and John Perry in the chair.
Senators: Terry Leyden, Paschal Mooney and Alex White.
The Committee agreed to go into private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 23 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 12.44 p.m. until Wednesday, 7 July 2010.
________________
Mr. John Perry, T.D.
Chairman
July 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 29 June 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
4.
1.
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
CFSP Measures
Early Warning Notes
For no further scrutiny
1.1
COM(2009)579
Amended proposal for a Regulation of the European Parliament and of the
Council laying down harmonisation conditions for the marketing on the
construction products (Text with EEA relevance).
Lead department
Department of Environment, Heritage and Local
Government
In light of the Committee's previous decision, and the fact that the
proposal will now be moving to second reading, it was agreed that it does
not require further scrutiny by this Committee.
1.2
COM(2010)55
Proposal for a COUNCIL DECISION on a Union position within the EUJapan Joint Customs Cooperation Committee concerning the mutual
recognition of Authorised Economic Operator programmes in the European
Union and in Japan.
Lead department
Office of the Revenue Commissioners
Based on the available information, it was agreed that this measure does
not warrant further scrutiny.
1.3
COM(2010)94
Proposal for a Directive of the European Parliament and of the Council on
combating the sexual abuse, sexual exploitation of children and child
pornography, repealing Framework Decision 2004/68/JHA.
Lead department
Department of Justice, Equality and Law Reform
Given that the proposal is being considered by the Justice Committee on
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
24th June in advance of approval motions being considered by the Houses
on 29th June for Ireland to exercise its opt-in, it was agreed that the
measure does not require further scrutiny by this Committee.
1.4
COM(2010)95
Proposal for a Directive of the European Parliament and of the Council on
preventing and combating trafficking in human beings, and protecting victims,
repealing Framework Decision 2002/629/JHA.
Lead department
Department of Justice, Equality and Law Reform
As the proposal was considered in detail recently by the Justice
Committee with the Minister, and the Houses have agreed the motions for
Ireland to opt-in, it was agreed that the measure does not require further
scrutiny by this Committee.
1.5
COM(2010)175
Proposal for a Council Implementing Decision of [...] authorising Germany,
Italy and Austria to introduce a special measure derogating from Article 193
of Directive 2006/112/EC and amending Decision 2007/250/EC to extend the
period of validity of the authorisation granted to the United Kingdom.
Lead department
Department of Finance
It was agreed that this proposal does not warrant further scrutiny.
1.6
COM(2010)197
Proposal for a Council Decision concerning the signing of the Agreement
between the European Union and Georgia on the facilitation of the issuance of
visas.
Lead department
Department of Justice, Equality and Law Reform
AND
1.7
COM(2010)198
Proposal for a Council Decision concerning the conclusion of the Agreement
between the European Union and Georgia on the facilitation of the issuance of
visas
Lead department
Department of Justice, Equality and Law Reform
Based on the available information, it was agreed that these measures do
not warrant further scrutiny.
1.8
COM(2010)223
Proposal for a Council Decision On the Union position regarding the
amendment of the annexes of the Agreement between the European
Community and the Swiss Confederation on certain aspects of government
procurement.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Finance
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.9
COM(2010)244
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of ammonium nitrate originating in Ukraine following an expiry
review pursuant to Article 11(2) of Regulation (EC) No 1225/2009.
Lead department
Department of Enterprise, Trade and Employment
In light of the information given it was agreed that the Committee notes
this adopted measure.
1.10 COM(2010)249
Proposal for a Regulation of the European Parliament and of the Council
concerning European statistics on permanent crops.
Lead department
Department of Agriculture, Fisheries and Food
In light of the information provided by the Department, it was agreed that
the measure does not require further scrutiny by this Committee.
1.11 COM(2010)295
Proposal for a Council Regulation amending Regulation (EC) No 367/2006
imposing a definitive countervailing duty on imports of polyethylene (PET)
film originating in India.
Lead department
Department of Enterprise, Trade and
Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2010)53
Proposal for a Council Regulation (EU) No …/…. amending Regulation (EC)
No 479/2009 as regards the quality of statistical data in the context of the
excessive deficit procedure.
Lead department
Department of the Taoiseach
Based on the available information, it was agreed that this measure does
not warrant further scrutiny. It was further agreed that this measure will
be sent for information to the Joint Committee on Finance and the Public
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Service.
2.2
COM(2010)199
Proposal for a Council Decision concerning the signature of the Agreement
between the European Union and Georgia on the readmission of persons
residing without authorisation
Lead department
2.3
Department of Justice, Equality and Law Reform
AND
COM(2010)200
Proposal for a Council Decision concerning the conclusion of the Agreement
between the European Union and Georgia on the readmission of persons
residing without authorisation
Lead department
Department of Justice, Equality and Law Reform
It was agreed that these proposals do not warrant scrutiny by this
committee. However, given that the Government will have to decide
whether to opt into these proposals and, if it so decides, that Oireachtas
approval will be required in accordance with Article 29.4.7 of the
Constitution, it was agreed to forward these proposals to the Joint
Committee on Justice, Equality, Defence and Women’s Rights for
consideration.
2.4
COM(2010)205
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/020
ES/Castilla-La Mancha).
Lead department
Department of Education and Skills
AND
2.5
COM(2010)216
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/014
ES/Comunidad Valenciana).
Lead department
Department of Education and Skills
Based on the available information, it was agreed that these proposals
does not warrant further scrutiny. It was further agreed that these
proposals will be sent for information to the Joint Committee on
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Enterprise, Trade and Employment.
2.6
COM(2010)208
Proposal for a Decision of the Council and the representatives of the
Governments of the Member States of the European Union, meeting within the
Council on the conclusion of the Protocol to Amend the Air Transport
Agreement between the European Community and its Member States, of the
one part, and the United States of America, of the other part.
Lead department
Department of Transport
AND
2.7
COM(2010)209
Proposal for a Decision of the Council and the representatives of the
Governments of the Member States of the European Union, meeting within the
Council On the signature and provisional application of the Protocol to Amend
the Air Transport Agreement between the European Community and its
Member States, of the one part, and the United States of America, of the other
part.
Lead department
Department of Transport
It was agreed that these proposals do not require further scrutiny by this
committee. However, given their moderate significance, it was also agreed
to forward these proposals to the Joint Committee on Transport for
information.
2.8
COM(2010)320
DRAFT AMENDING BUDGET N° 5 TO THE GENERAL BUDGET 2010
GENERAL STATEMENT OF REVENUE
Lead department
Department of Finance
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny. However, given the proposal potential effect
on Ireland’s exchequer (a reduction of €110 million in Ireland’s
contribution to the EU in 2010), it was also agreed to forward this
proposal to the Joint Committee on Finance and the Public Service for
information.
3.
CFSP Measures
3.1
CFSP(2010)168
COUNCIL DECISION 2010/168/CFSP of 22 March 2010 appointing the
European Union Special Representative in Afghanistan.
Lead department
Department of Foreign Affairs
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
It was agreed to note this CFSP measure.
3.2
CFSP: 7478/10
Negotiation of a security of information Agreement with the Republic of
Serbia
Lead department
Department of Foreign Affairs
It was agreed to note this adopted CFSP measure.
4.
Early Warning Notes
4.1
EWN: 2010/C 107/06
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports furfuraldehyde originating in the People’s Republic of
China
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
4.2
EWN: 2010/C 131/03
Notice concerning anti-dumping measures on imports of polyethylene
terephthalate film originating in India and a partial reopening of the antidumping interim review investigation concerning imports of polyethylene
terephthalate film originating in India.
Lead department
Department of Enterprise, Trade and Employment
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN AFFAIRS
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF THE JOINT MEETING OF 7 JULY 2010
1. OPENING OF MEETING
The Joint Committees met in Private Session at 9.43 a.m. in Committee Room 1, LH 2000, a quorum
being present. The following members were present:—
Deputies: Lucinda Creighton, Joe Costello, Timmy Dooley, Bernard J Durkan (in the Chair),
Michael Kitt, Michael Mulcahy, Mary O’Rourke and John Perry (in the Chair), Seán Power and
Joanna Tuffy.
Senators: Paddy Burke, Maurice Cummins, Paschal Donohoe, Terry Leyden, Paschal Mooney and
Feargal Quinn.
Apologies were received from Deputy Noel Treacy.
2. ITEM DISCUSSED IN PRIVATE SESSION
3. ADJOURNMENT
The meeting was adjourned at 10.38 a.m. sine die.
_______________________
Mr. Tom Sheahan, T.D.
Chairman
Joint Committee on European Scrutiny
______________
__
Mr. Bernard J. Durkan, T.D.
Chairman
Joint Committee on European Affairs
16 December 2010
14 December 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 13 JULY 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.41 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Lucinda Creighton, Paul Gogarty (substituting for Deputy Timmy Dooley), Michael Kitt,
Michael Mulcahy and John Perry in the chair.
Senators: Paddy Burke, Mark Deary (substituting for Senator Paschal Mooney for part of the
meeting), Terry Leyden and Paschal Mooney.
Apologies: Deputies Brendan Howlin, Timmy Dooley, Noel O’Flynn and Aengus
O’Snodaigh.
The Committee agreed to go into private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 20 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 12.05 p.m. until Tuesday, 21 September 2010.
________________
Mr. John Perry, T.D.
Chairman
21 September 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 13 July 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
4.
1.
Adopted Measures
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
Refer to sectoral committee for detailed scrutiny
Adopted Measures
1.1
COM(2010)202
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of silicon originating in the People’s Republic of China, as extended
to imports of silicon consigned from the Republic of Korea, whether declared
as originating in the Republic of Korea or not, following an expiry review
pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3)
of Regulation (EC) No 1225/2009
Lead department
Department of Enterprise, Trade and Employment
It was agreed to note this adopted measure.
1.2
COM(2010)217
Council Regulation amending Regulation (EC) No 2488/2000 maintaining a
freeze of funds in relation to Mr Milosevic and those persons associated with
him (presented jointly by the commission and the High Representative of the
EU for Foreign Affairs and Security Policy).
Lead department
1.3
Department of Foreign Affairs
Based on the information available, it was agreed to note this adopted
proposal.
COM(2010)218
Council Regulation amending Regulation (EC) No 1763/2004 imposing
certain restrictive measures in support of effective implementation of the
mandate of the International Criminal Tribunal for the Former Yugoslavia
(presented jointly by the Commission and the High Representative of the EU
for Foreign Affairs and Security Policy)
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Foreign Affairs
It was agreed to note this adopted measure.
2.
For no further scrutiny
2.1
COM(2009)559
Proposal for a Council decision on the conclusion of an additional Protocol to
the Euro-Med Agreement establishing an Association between the EU and
Israel on a Agreement on Conformity Assessment and Acceptance of
Industrial Products (ACAA)
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.2
COM(2010)257
Proposal for a Council Decision on the signature on behalf of the EU of an
Agreement between the EU and New Zealand amending the Agreement on
mutual recognition in relation to conformity assessment between the EC and
New Zealand.
Lead department
2.3
AND
COM(2010)258
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union and New Zealand amending the Agreement on mutual
recognition in relation to conformity assessment between the European
Community and New Zealand.
Lead department
2.4
Department of Enterprise, Trade and Employment
Department of Enterprise, Trade and Employment
AND
COM(2010)269
Proposal for a Council Decision on the signature on behalf of the EU of an
Agreement between the EU and Australia amending the Agreement on mutual
recognition in relation to conformity assessment between the EC and
Australia.
Lead department
Department of Enterprise, Trade and Employment
AND
2.5
COM(2010)270
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union and Australia amending the Agreement on mutual
recognition in relation to conformity assessment, certificates and markings
between the European Community and Australia.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Employment
Based on the available information, it was agreed that these proposals do
not warrant further scrutiny.
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2009)236
Proposal for a Council Decision concerning the approval on behalf of the
European Community, of the Amendments of Annex II and Annex III to the
Convention for the protection of the marine environment of the North-East
Atlantic (OSPAR Convention) in relation to the storage of carbon dioxide
streams in geological formations.
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed to note this adopted
proposal. However given that carbon capture and storage is one of the
strategies which is being promoted at EU level as part of a strategy to
address Climate Change, the EU having adopted Directive 2009/31/EC in
this regard and that the amendments to the OSPAR Convention would
require changes to national legislation in order for it to be ratified by
Ireland, it was agreed that it would be referred for information to the
Joint Committee on Climate Change and Energy Security, the Joint
Committee Communications, Energy and natural Resources and to the
Joint Committee on the Environment, Heritage and Local Government. It
was further recommended to the Joint Committee on Climate Change
and Energy Security that it would consider seeking a briefing from the
Geological Survey of Ireland (a division of the Department of
Communications, Energy and Natural Resources) about current and
future strategic plans with regard to carbon capture and storage.
3.2
COM(2009)648
Amended Proposal for a Council Decision on the conclusion, on behalf of the
European Union, of the Cooperation Agreement between the European Union
and its Member States, of the one part, and the Principality of Liechtenstein, of
the other part, to combat fraud and any other illegal activity to the detriment of
their financial interests and to ensure exchange of information on tax matters.
Lead department
Department of Finance
It was agreed that this proposal does not warrant further scrutiny by this
committee. However, given that it is of some significance, it was also
agreed to forward the proposal to the Joint Committee on Finance and
the Public Service for information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.3
COM(2010)176
Proposal for a Council Decision laying down rules for imports into the
European Union from Greenland of fishery products, live bivalve molluscs,
echinoderms, tunicates, marine gastropods and by-products thereof.
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that this measure does
not warrant further scrutiny by this Committee. It was also agreed that
this measure will be sent to the Joint Committee on Agriculture, Fisheries
and Food for information.
3.4
COM(2010)260
Proposal for a Regulation of the European Parliament and of the Council on
the Financial Regulation applicable to the general budget of the European
Union
(Recast).
Lead department
Department of Finance
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny by this committee. However, the changes
proposed to the Financial Regulation are likely to be intensively debated
between the Council and the EP and given that some of the changes may
have an impact on the EU expenditure that benefits Ireland, it was also
agreed that this proposal is forwarded to the Joint Committee on Finance
and the Public Service and the Joint Committee on European Affairs for
information.
3.5
COM(2010)275
Proposal for a Council Decision authorising the placing on the market of
products containing, consisting of, or produced from genetically modified
maize 59122x1507xNK603 (DAS-59122-7xDAS-Ø15Ø7xMON-ØØ6Ø3-6)
pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of
the Council.
Lead department
3.6
Department of Health and Children
AND
COM(2010)276
Proposal for a Council Decision authorising the placing on the market of
products containing, consisting of, or produced from genetically modified
maize 1507x59122 (DAS-Ø15Ø7-1xDAS-59122-7) pursuant to Regulation
(EC) No 1829/2003 of the European Parliament and of the Council.
Lead department
Department of Health and Children
AND
3.7
COM(2010)277
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Proposal for a Council Decision authorising the placing on the market of
products containing, consisting of, or produced from genetically modified
maize MON 88017 x MON 810 (MON-88Ø17-3 x MON-ØØ81Ø-6) pursuant
to Regulation (EC) No 1829/2003 of the European Parliament and of the
Council.
Lead department
3.8
AND
COM(2010)294
Proposal for a Council Decision authorising the placing on the market of
products containing, consisting of, or produced from genetically modified
maize Bt11xGA21 (SYN-BTØ11-1xMON-ØØØ21-9) pursuant to Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
Lead department
3.9
Department of Health and Children
Department of Agriculture, Fisheries and Food
AND
COM(2010)298
Proposal for a Council Decision renewing the authorisation for continued
marketing of products containing, consisting of, or produced from genetically
modified maize Bt11 (SYN-BTØ11-1), authorising foods and food ingredients
containing or consisting of field maize Bt11 (SYN-BTØ11-1) pursuant to
Regulation (EC) No 1829/2003 and repealing Commission Decision
2004/657/EC.
Lead department
Department of Agriculture, Fisheries and Food
AND
3.10 COM(2010)299
Proposal for a Council Decision authorising the placing on the market of
products containing, consisting of, or produced from genetically modified
maize MON89034xNK603 (MON-89Ø34-3xMON-ØØ6Ø3-6) pursuant to
Regulation (EC) No 1829/2003 of the European Parliament and of the Council
Lead department
Department of Agriculture, Fisheries and Food
Given that the Council has already decided on these proposals and that
the JCES has already considered the issue of the authorisation of GMOs
in general terms, it was agreed that these proposal do not warrant
scrutiny by this Committee. However, given that Ireland imports
significant quantities of maize for animal feed and that it is likely that
these GM products will be included in these imports if the Commission
decides to adopt this measure, it was also agreed to forward these
proposals to the Joint Committee on Agriculture, Fisheries and Food for
information. Given that the Department of Health and Children has
primary responsibility for GMO in respect of food, it was also agreed to
forward these proposals to the Joint Committee on Health and Children
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
for information.
4.
Refer to sectoral committee for detailed scrutiny
4.1
COM(2010)283
Proposal for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No 663/2009 establishing a programme to aid
economic recovery by granting Community financial assistance to projects in
the field of energy.
Lead department
Department of Communications, Energy and
Natural Resources
Given that this proposal will provide opportunities for Ireland to apply
for EU funding to support suitable projects in the energy efficiency and
renewable energy area, an area identified as a priority for the
establishment of a smart economy, it was agreed that this proposal
warrants further scrutiny. To this end, it was agreed to refer this proposal
to the Joint Committee on Communications, Energy and Natural
Resources for scrutiny.
4.2
COM(2010)306
Proposal for a Council Regulation amending Regulation (EU) No. 53/2010 as
regards certain fishing opportunities for cod, redfish and bluefin tuna and
excluding certain groups of vessels from the fishing effort regime laid down in
Chapter III of Regulation (EC) No 1342/2008
Lead department
Department of Agriculture, Fisheries and Food
This proposal has both a positive implication for the Irish fishing industry
in terms of the proposed exclusion of Irish fishing vessels for the Cod
Recovery Plan and a possible negative implication in terms of the
proposed transfer of effort and capacity of the Netherlands' fishing fleet
from the North sea to the Irish Sea. It is therefore proposed that this
proposal warrants further scrutiny. To this end, it was agreed to refer this
proposal to the Joint Committee on Agriculture, Fisheries and Food for
detailed scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 21 SEPTEMBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 4.10 p.m. in Committee Room 1, LH 2000, a quorum being present. The
following members were present:—
Deputies: Lucinda Creighton, Timmy Dooley, Brendan Howlin (Leas-Cheann Comhairle), Michael
Kitt and John Perry in the chair.
Senators: Paddy Burke, Terry Leyden, Paschal Mooney and Eugene Regan.
Apologies: Deputies Michael Mulcahy and Noel O’Flynn and Senator Alex White.
The Committee agreed to go into private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 57 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 5.23 p.m. until Tuesday, 5 October 2010.
________________
Mr. John Perry, T.D.
Chairman
5 October 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 21 September 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
4.
5.
6.
1.
Adopted Measures
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
Early Warning Notes
For Further scrutiny
Refer to sectoral committee for detailed scrutiny
Adopted Measures
1.1
COM(2010)22
Proposal for a Council Decision concerning a Union Position to be adopted in
the EU - Serbia Interim Committee on its Rules of Procedure including the
Terms of Reference and Structure of the EU-Serbia sub-committees.
Lead department
Department of Foreign Affairs
Given the available information, it was agreed to note this adopted
measure.
1.2
COM(2010)192
Proposal for a Council Decision on the signing and provisional application of
a Protocol to the Partnership and Cooperation
Agreement between the
European Communities and their Member States, the one part, and the
Republic of Moldova, of the other part, on a framework Agreement between
the European Union and the Republic of Moldova on the general
principles
for the participation of the Republic of Moldova in Union programmes.
Lead department
Department of Foreign Affairs
In light of the information provided, it was agreed that this adopted
technical proposal be noted by the Committee.
1.3
COM(2010)194
Proposal for a Council Decision on the conclusion of a Protocol to the
Partnership and Co-operation Agreement between the European Communities
and their Member States, of the one part, and the Republic of Moldova, of the
other part, on a framework Agreement between the European Union and the
Republic of Moldova on the general principles for the participation of the
Republic of Moldova in Union programmes.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Foreign Affairs
In light of the information provided, it was agreed that this adopted
technical proposal be noted by the Committee.
1.4
COM(2010)201
Proposal for a Council Regulation temporarily suspending autonomous
Common Customs Tariff duties on imports of certain industrial products into
the autonomous regions of Madeira and the Azores
Lead department
Department of Enterprise, Trade and Innovation
AND
1.5
COM(2010)278
Proposal for a Council Regulation temporarily suspending autonomous
Common Customs Tariff duties on imports of certain industrial products into
the autonomous regions of Madeira and the Azores.
Lead department
Department of Enterprise, Trade and Innovation
Given the available information, it was agreed to note these adopted
measures.
1.6
COM(2010)227
Proposal for a Council Regulation (EU) No …/2010 amending Regulation
(EC) No 1412/2006 concerning certain restrictive measures in respect of
Lebanon.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed to note this adopted
proposal.
1.7
COM(2010)312
Proposal for a Council Decision on the financial contributions to be paid by
the Member States to finance the European Development Fund (2rd instalment
2010).
Lead department
Department of Foreign Affairs
It was agreed to note this adopted measure.
1.8
COM(2010)374
Proposal for a Council Regulation establishing the fishing opportunities for
anchovy in the Bay of Biscay for the 2010-2011 fishing season and amending
Regulation (EU) No 53/2010.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
It was agreed to note this adopted measure.
2.
For no further scrutiny
2.1
COM(2009)197
Proposal for a Council Regulation amending Regulation (EC) No 1934/2006
establishing a financing instrument for cooperation with industrialised and
other high-income countries and territories.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.2
COM(2010)85
Proposal for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC, Euratom) No 1605/2002 on the Financial
Regulation applicable to the general budget of the European Union, as regards
the European external action service.
Lead department
2.3
Department of Finance
AND
COM(2010)309
Proposal for Regulation of the European Parliament and the Council amending
the Staff Regulations of Officials of the European Communities and the
Conditions of Employment of Other Servants of these Communities.
Lead department
Department of Finance
AND
2.4
COM(2010)315
DRAFT AMENDING BUDGET N° 6 TO THE GENERAL BUDGET 2010
STATEMENT OF REVENUE AND EXPENDITURE BY SECTION
STATEMENT OF REVENUE AND EXPENDITURE BY SECTION Section
II –European Council and Council Section III - Commission Section X –
European External Action Service.
Lead department
Department of Finance
Based on the information available, it was agreed that these proposals do
not warrant further scrutiny.
2.5
COM(2010)142
Proposal for a Regulation (EU) of the European Parliament and of the Council
amending Council Regulation (EC) No 732/2008 applying a scheme of
generalised tariff preferences for the period from 1 January 2009 to 31
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
December 2011.
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.6
COM(2010)204
Proposal for a Regulation of the European Parliament and of the Council on
freedom of movement for workers within the Union (Codification).
Lead department
Department of Justice and Law Reform
Based on the information available, it was agreed that this technical
proposal does not warrant further scrutiny.
2.7
COM(2010)246
Proposal for a Council decision on the signature and provisional application of
the Agreement on certain aspects of air services between the European Union
and the Republic of Indonesia
Lead department
Department of Transport
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.8
COM(2010)256
Proposal for a Regulation of the European Parliament and of the Council of
the European Union amending Regulation (EC) No 539/2001 listing the third
countries whose nationals must be in possession of visas when crossing the
external borders of Member States and those whose nationals are exempt from
that requirement.
Lead department
Department of Justice and Law Reform
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.9
COM(2010)263
Proposal for a Council decision on the signature and provisional application of
the Agreement on certain aspects of air services between the European Union
and the Republic of Peru
Lead department
Department of Transport
AND
2.10 COM(2010)264
Proposal for a Council Decision on the conclusion of the Agreement on certain
aspects of air services between the European Union and the Republic of Peru
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Transport
Based on the information available, it was agreed that these proposals
does not warrant further scrutiny.
2.11 COM(2010)266
Proposal for a Council Decision on the conclusion of an Agreement between
the European Union and the Federative Republic of Brazil on civil aviation
safety.
Lead department
Department of Transport
AND
2.12 COM(2010)268
Proposal for a Council Decision on the signature of an Agreement between the
European Union and the Government of the Federative Republic of Brazil on
civil aviation safety.
Lead department
Department of Transport
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.13 COM(2010)279
Proposal for a Council Decision on the position to be adopted by the European
Union within the ACP-EC Council of Ministers concerning the transitional
measures applicable from the date of signing to the date of entry into force of
the Agreement amending for the second time the Partnership Agreement
between the African, Caribbean and Pacific States, of the one part, and the
European Community and its Member States, of the other part, signed in
Cotonou on 23 June 2000 as first revised in Luxembourg on 25 June 2005.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.14 COM(2010)280
Proposal for a Council Decision on the compulsory application of Regulation
No 100 of the United Nations Economic Commission for Europe for the
approval of motor vehicles with regard to electric safety.
Lead department
Department of Transport
In light of the information provided, it was agreed the measure does not
require further scrutiny by the Committee.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.15 COM(2010)302
Proposal for a Decision of the European Parliament and of the Council
providing macro-financial assistance to the Republic of Moldova
Lead department
Department of Finance
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.16 COM(2010)305
Proposal for a Council Implementing Decision authorising France and Italy to
introduce a special measure derogating from Article 5 of Directive
2006/112/EC on the common system of value added tax.
Lead department
Department of Finance
In light of the information available, it was agreed that the measure does
not require further scrutiny.
2.17 COM(2010)310
Proposal for a Council Decision of [...] on the compulsory application of
Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21,
23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79,
80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118,
121, 122, 123 and 125 of the United Nations Economic Commission for
Europe for the type-approval of motor vehicles, their trailers and systems,
components and separate technical units intended therefor.
Lead department
Department of Transport
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.18 COM(2010)313
Proposal for a Council Implementing Decision authorising Romania to
introduce a special measure derogating from Article 193 of Directive
2006/112/EC on the common system of value added tax.
Lead department
Department of Finance
In light of the information available, it was agreed that the measure does
not require further scrutiny.
2.19 COM(2010)325
Proposal for a REGULATION (EU) No …/… OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL of amending Council Regulation
(EC) No 2187/2005 as regards the prohibition of highgrading and restrictions
on fishing for flounder and turbot in the Baltic Sea, the Belts and the Sound.
Lead department
Department of Agriculture, Fisheries and Food
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.20 COM(2010)331
Proposal for a Council Directive amending Directive 2006/112/EC on the
common system of value added tax, with regard to the duration of the
obligation to respect a minimum standard rate.
Lead department
Department of Finance
In light of the information provided, it was agreed that the measure does
not warrant further scrutiny by the Committee.
2.21 COM(2010)336
Proposal for a REGULATION (EU) No xxxx/2010 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL of amending Council Regulation
(EC) No 1234/2007 (Single CMO Regulation) as regards the aid granted in the
framework of the German Alcohol Monopoly
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.22 COM(2010)342
Proposal for a Council Regulation laying down the weightings applicable from
1 July 2009 to the remuneration of officials, temporary staff and contract staff
of the European Communities serving in third countries.
Lead department
Department of Finance
In light of the information provided, it was agreed that this technical
measure does not warrant further scrutiny by the Committee.
2.23 COM(2010)345
Proposal for a Council Decision on a EU position concerning the adoption of
the decision of the Joint CARIFORUM-EC Council of the Economic
Partnership Agreement between the CARIFORUM States, of the one part, and
the European Community and its Member States, of the other part, amending
Annex IV to the Agreement for the purpose of incorporating the commitments
of the Commonwealth of the Bahamas
Lead department
Department of Foreign Affairs
In light of the information provided, it was agreed that this technical
measure does not warrant further scrutiny by the Committee.
2.24 COM(2010)350
Proposal for a Council Regulation (EU) on the translation arrangements for the
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
European Union patent
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided, it was agreed that this measure does
not warrant further scrutiny by the Committee.
2.25 COM(2010)358
Proposal for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No 539/2001 listing the third countries whose
nationals must be in possession of visas when crossing the external borders of
Member States and those whose nationals are exempt from that requirement.
Lead department
Department of Justice and Law Reform
In light of the fact that Ireland is not in a position to participate in this
part of the Schengen acquis, it was agreed that this measure does not
require further scrutiny by this Committee.
2.26 COM(2010)359
Proposal for a Directive of the European Parliament and of the Council on the
marketing of material for the vegetative propagation of the vine (Recast)
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.27 COM(2010)360
Proposal for a Council Impelmenting Decision authorising the Republic of
Latvia to apply a measure derogating from Article 287 of Council Directive
2006/112/EC on the common system of value added tax.
Lead department
Department of Finance
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.28 COM(2010)366
Proposal for a Council Decision on the European Union position on Decision
No 1/2010 of the Joint Veterinary Committee set up by the Agreement
between the European Community and the Swiss Confederation on trade in
agricultural products regarding the amendment of Appendices 1, 2, 5, 6, 10
and 11 to Annex 11 to the Agreement.
Lead department
Department of Agriculture, Fisheries and Food
In light of the technical nature of the proposal, it was agreed that the
measure does not require further scrutiny by the Committee.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.29 COM(2010)381
Proposal for a Council Directive amending Directive 2008/9/EC laying down
detailed rules for the refund of value added tax, provided for in Directive
2006/112/EC, to taxable persons not established in the Member State of refund
but established in another Member State.
Lead department
Department of Finance
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.30 COM(2010)393
Amended proposal for a Regulation of the European Parliament and of the
Council amending Regulation (EC) No 708/2007 concerning use of alien and
locally absent species in aquaculture.
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.31 COM(2010)394
Proposal for a Council Decision concerning the conclusion of consultations
with the Republic of Niger under Article 96 of the revised Cotonou
Agreement.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.32 COM(2010)405
Proposal for a Council Decision on the signature of a voluntary partnership
agreement between the European Union and the Republic of Cameroon on
forest law enforcement, governance and trade in timber and derived products
to the European Union (FLEGT).
Lead department
Department of Agriculture, Fisheries and Food
AND
2.33 COM(2010)406
Proposal for a Council Decision on the conclusion of a voluntary partnership
agreement between the European Union and the Republic of Cameroon on
forest law enforcement, governance and trade in timber and derived products
to the European Union (FLEGT).
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that these proposals
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
does not warrant further scrutiny.
2.34 COM(2010)424
Proposal for a Council Decision concluding a Protocol between the European
Union and the Arab Republic of Egypt establishing a Dispute Settlement
Mechanism applicable to disputes under the trade provisions of the EuroMediterranean Agreement establishing an Association between the European
Communities and their Member States, of the one part, and the Arab Republic
of Egypt of the other part.
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided, it was agreed that the measure does
not require further scrutiny by the Committee.
2.35 COM(2010)425
Proposal for a Council Decision authorising the signature of a Protocol
between the European Union and the Arab
Republic of Egypt establishing
a Dispute Settlement Mechanism applicable to disputesunder the trade
provisions of the Euro-Mediterranean Agreement establishing an Association
between the European Communities and their Member States, of the one part,
and the Arab Republic of Egypt of the other part.
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided, it was agreed that the measure does
not require further scrutiny by the Committee.
2.36 COM(2010)426
Proposal for a Council Decision on the conclusion of an Agreement between
the European Union and the Swiss Confederation establishing the terms and
conditions for the participation of the Swiss Confederation in the ‘Youth in
Action’ programme and in the action programme in the field of lifelong
learning (2007-2013).
Lead department
Department of Health and Children
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.37 COM(2010)432
Proposal for amending Regulations (EC) No 1292/2007 and (EC) No
367/2006 (imposing definitive
anti-dumping and countervailing duties on
imports of polyethylene terephthalate (PET) film originating in India, and
maintaining the extension of those duties to imports of polyethylene
terephthalate (PET) film consigned from, inter alia, Israel), granting
anexemption from those measures to one Israeli exporter and terminating the
registration of imports from that exporter
Lead department
Department of Enterprise, Trade and Innovation
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.38 COM(2010)455
Proposal for a Council Regulation imposing a definitive countervailing duty
and collecting definitely the provisional duty imposed on imports of certain
polyethylene terephthalate originating in Iran, Pakistan and the United Arab
Emirates
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2010)289
Proposal for a Regulation of the European Parliament and of the Council on
amending Regulation (EC) No 1060/2009 on credit rating agencies.
Lead department
Department of Finance
Based on the available information and the fact that the Committee has
already scrutinised, in detail, the original legislative package which this
proposal supports, it was agreed that this proposal does not warrant
further scrutiny. It was further agreed that this proposal will be sent for
information to the Joint Committee on Finance and the Public Service.
3.2
COM(2010)378
Proposal for a Directive of the European Parliament and of the Council on
conditions of entry and residence of third-country nationals in the framework
of an intra-corporate transfer.
Lead department
Department of Justice and Law Reform
Based on the analysis above (i.e. the Subsidiarity Check List), it was
agreed to conclude that the proposal complies with the principle of
subsidiarity. Therefore, it was agreed that the proposal does not warrant
further scrutiny by this Committee in terms of subsidiarity. However,
given that, in term of its substance, the proposal is of some significance
and that Oireachtas approval will be required if the Government decides
to opt into the proposal, it was agreed to forward the draft Directive to
the Joint Committee on Justice, Defence and Women’s Rights for its
consideration and the Joint Committee on Enterprise, Trade and
Innovation for its information.
3.3
COM(2010)379
Proposal for a Directive of the European Parliament and of the Council on the
conditions of entry and residence of third-country nationals for the purposes of
seasonal employment.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Justice and Law Reform
Based on the analysis above (i.e. the Subsidiarity Check List), it was
agreed to conclude that there are some concerns with regard the principle
of subsidiarity in relation to this proposal. However, given that Article
79 of the TFEU says that the Union shall develop a common immigration
policy aimed at ensuring, at all stages, the efficient management of
migration flows and fair treatment of third-country nationals residing
legally in Member States, that the objectives of the proposal are
consistent with the overarching policy frameworks agreed by the
European Council, and that the Department of Justice, Equality and Law
Reform has indicated that that the reasons, put forward by the
Commission, for common action at the EU level do not appear
unreasonable and confirmed that Ireland did not object to the proposal,
on the basis of subsidiarity, at the first Council Working Party meeting
which considered the proposal on 9 September 2010, the Committee
agreed that the proposal does appear to comply with the principle of
subsidiarity and that the proposal does not warrant further scrutiny by
this Committee in terms of subsidiarity. However, given that, in term of
its substance, the proposal is of some significance and that Oireachtas
approval will be required if the Government decides to opt into the
proposal, it was agreed to forward the draft Directive to the Joint
Committee on Justice, Defence and Women’s Rights for its consideration
and the Joint Committee on Enterprise, Trade and Innovation for its
information.
4.
Early Warning Notes
4.1
EWN: 2010/ C 151/04
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of certain polyethylene terephthalate (PET) originating,
inter alia, in India
Lead department
Department of Enterprise, Trade and Innovation
AND
4.2
EWN: 2010/ C 151/05
Notice of initiation of a partial interim review of the countervailing measures
applicable to imports of certain polyethylene terephthalate (PET) originating,
inter alia, in India
Lead department
Department of Enterprise, Trade and Innovation
Given that there are no reported difficulties for Ireland, it was agreed
that these trade matters do not warrant further scrutiny.
4.3
EWN: 2010/C 192/04
Notice of initiation of an expiry review of the anti-dumping measures
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applicable to imports of barium carbonate originating in the People’s Republic
of China
Lead department
Department of Enterprise, Trade and Innovation
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
4.4
EWN: L 134 /25
Commission Regulation (EU) No 473/2010 of 31 May 2010 imposing a
provisional countervailing duty on imports of Polyethylene terephthalate
originating in Iran, Pakistan and the United Arab Emirates
Lead department
Department of Enterprise, Trade and Innovation
Given that there are no reported difficulties for Ireland, it was agreed
that this measure does not warrant further scrutiny.
4.5
EWN: L 134 /4
Commission Regulation (EU) No 472/2010 of 31 May 2010 imposing a
provisional anti-dumping duty on imports of Polyethylene terephthalate
originating in Iran and the United Arab Emirates
Lead department
Department of Enterprise, Trade and Innovation
Given that there are no reported difficulties for Ireland, it was agreed
that this measure does not warrant further scrutiny.
4.6
EWN: L /135/3
Commission Regulation (EU) No 478 /2010 of 1 June 2010 imposing a
provisional anti-dumping duty on imports of high tenacity yarn of polyesters
originating in the People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
5.
For Further scrutiny
5.1
COM(2010)83
Proposal for a Regulation of the European Parliament and of the Council
laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise of implementing
powers.
Lead department
Department of Foreign Affairs
Given the concerns that have been raised in the past about the
Commission’s implementing powers and the comitology procedure,
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
particularly in regard to its respect for proper democratic accountability
and the prerogatives of parliaments, it was agreed that this proposal
warrants further scrutiny.
To this end, it was agreed that the Committee seek further clarification
from the Department of Foreign Affairs on how exactly Member States
will exert their control over the Commission’s exercise of implementing
powers and whether the Department is satisfied that the proposal respects
the principle of democratic accountability.
6.
Refer to sectoral committee for detailed scrutiny
6.1
COM(2010)392
Proposal for a directive of the European Parliament and of the Council on the
right to information in criminal proceedings.
Lead department
Department of Justice and Law Reform
Given that this proposal is of some significance and in view of the need for
Oireachtas approval if Ireland wishes to opt into the Directive, it was
agreed that this proposal warrants further scrutiny. To this end, it was
agreed to forward the proposal to the Joint Committee on Justice,
Defence and Women’s Rights for its consideration.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 12 OCTOBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 4.07 p.m. in Committee Room 4, LH 2000, a quorum being present. The
following members were present:—
Deputies: Timmy Dooley, Michael Kitt, Michael Mulcahy and John Perry in the chair.
Senators: Terry Leyden, Paschal Mooney, Eugene Regan and Alex White
Apologies: Deputies Brendan Howlin and Lucinda Creighton and Senator Paddy Burke.
The Committee agreed to go into private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 32 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 5.08 p.m. sine die.
________________
Mr. John Perry, T.D.
Chairman
19 October 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 12 October 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
4.
1.
Adopted Measures
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
For Further scrutiny
Adopted Measures
1.1
COM(2010)2010
Proposal for a Council Regulation establishing a European financial
stabilization mechanism.
Lead department
Department of Finance
In light of the rapid adoption of the measure in May 2010, it was agreed
that it does not require further scrutiny by the Committee at this stage.
1.2
COM(2010)304
Proposal for a Council Regulation amending Regulation (EC) No 452/2007
imposing a definitive anti-dumping duty on imports of ironing boards
originating, inter alia, in Ukraine.
Lead department
Department of Enterprise, Trade and Innovation
It was agreed that this adopted measure does not require further scrutiny
by the Committee.
1.3
COM(2010)363
Proposal for a Council Decision on establishing the European Union position
within the Ministerial Council of the Energy Community (Skopje, 24
September 2010).
Lead department
Department of Communications, Energy and
Natural Resources
It was agreed that this adopted measure does not require further scrutiny
by the Committee.
1.4
COM(2010)435
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Proposal for a Council Regulation re-imposing a definitive anti-dumping duty
on imports of ironing boards originating in
the People's Republic of China,
manufactured by Foshan Shunde Yongjian Housewares and Hardware Co.
Ltd., Foshan.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed to note this adopted
proposal.
2.
For no further scrutiny
2.1
COM(2008)308
Proposal for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No. 1638/2006 laying down general provisions
establishing a European Neighbourhood and Partnership Instrument.
Lead department
Department of Foreign Affairs
It was agreed that this proposal does not warrant further scrutiny.
2.2
COM(2010)083
Proposal for a Regulation of the European Parliament and of the Council
laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise of implementing
powers.
Lead department
Department of Foreign Affairs
The Joint Committee on European Scrutiny agreed at the Meeting of 21
September 2010 that this proposal warrants further scrutiny and to seek
further clarification from the Department of Foreign Affairs on how
exactly Member States will exert their control over the Commission’s
exercise of implementing powers and whether the Department is satisfied
that the proposal respects the principle of democratic accountability.
Based on the clarifications received from the Department of Foreign
Affairs, it was agreed that this proposal does not warrant further scrutiny
at this stage. However, it was also agreed to ask the Department to keep
the Committee informed of the ongoing negotiations on this proposal
between the Council and the European Parliament and of any significant
amendments to the proposal.
2.3
COM(2010)145
Proposal for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC) No 861/2006 of 22 May 2006 establishing
Community financial measures for the implementation of the common
fisheries policy and in the area of the Law of the Sea.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
In light of the information provided by the Department, it was agreed that
this measure does not require further scrutiny by the Committee.
2.4
COM(2010)184
Proposal for a Council Regulation (EURATOM) laying down maximum
permitted levels of radioactive contamination of foodstuffs and of
feedingstuffs following a nuclear accident or any other case of radiological
emergency. (Recast)
Lead department
Department of Environment, Heritage and Local
Government
In light of the information provided, it was agreed that the measure does
not require further scrutiny.
2.5
COM(2010)273
Proposal for a Regulation (EU) No …/… of the European Parliament and of
the Council implementing Article 10 of the United Nations’ Firearms Protocol
and establishing export authorisation, import and transit measures for firearms,
their parts and components and ammunition.
Lead department
Department of Enterprise, Trade and Employment
In light of the information provided by the Department, it was agreed that
the measure does not require further scrutiny by the Committee.
2.6
COM(2010)293
Proposal for a Council Implementing Decision authorising Poland to introduce
a special measure derogating from Article 26(1)(a) and Article 168 of
Directive 2006/112/EC on the common system of value added tax.
Lead department
Department of Finance
It was agreed that this proposal does not warrant further scrutiny.
2.7
COM(2010)372
Proposal for a Council Regulation on State aid to facilitate the closure of
uncompetitive coal mines.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.8
COM(2010)376
Proposal for a Council Regulation (EU) No …/… concerning the extension of
the scope of Regulation (EU) of the European Parliament and of the Council
No xx/yy on the professional cross-border transportation of euro cash by road
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
between euro-area Member States.
Lead department
Department of Justice, Equality and Law Reform
AND
2.9
COM(2010)377
Proposal for a Regulation (EU) No …/… of the European Parliament and of
the Council on the professional cross-border transportation of euro cash by
road between euro-area Member States.
Lead department
Department of Justice, Equality and Law Reform
In light of the non-application of these measures to Ireland, it was agreed
that they do not require further scrutiny by the Committee.
2.10 COM(2010)383
DRAFT AMENDING BUDGET N° 7 TO THE GENERAL BUDGET 2010
STATEMENT OF EXPENDITURE BY SECTION Section III - Commission
Lead department
Department of Finance
Based on the information provided by the Department, it was agreed that
this budgetary proposal does not warrant further scrutiny by this
Committee.
2.11 COM(2010)388
Amended proposal for a Directive of the European Parliament and of the
Council on coordination of safeguards which, for the protection of the interests
of members and others, are required by Member States of companies within
the meaning of the second paragraph of Article 54 of the Treaty, in respect of
the formation of public limited liability companies and the maintenance and
alteration of their capital, with a view to making such safeguards equivalent.
Lead department
Department of Enterprise, Trade and Employment
In light of the technical nature of this codification measure, it was agreed
that it does not require further scrutiny by the Committee.
2.12 COM(2010)391
Amended proposal for a Directive of the European Parliament and of the
Council concerning mergers of public limited liability companies.
Lead department
Department of Enterprise, Trade and Innovation
It was agreed that this proposal does not warrant further scrutiny.
2.13 COM(2010)395
Proposal for a Regulation of the European Parliament and of the Council on
the approval of agricultural or forestry vehicles
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
It was agreed that this proposal does not warrant further scrutiny.
2.14 COM(2010)403
Proposal for a Decision of the European Parliament and of the Council
amending the Interinstitutional Agreement of 17 May 2006 on budgetary
discipline and sound financial management as regards the multiannual
financial framework, to address additional financing needs of the ITER project
Lead department
Department of Finance
In light of the information provided, and the technical nature of the
proposal, it was agreed that it does not require further scrutiny by the
Committee.
2.15 COM(2010)409
Proposal for a Council Decision on the signature of the Agreement between
the European Union and the Federative
Republic of Brazil on short-stay
visa waiver for holders of diplomatic, service or official passports
Lead department
Department of Justice, Equality and Law Reform
AND
2.16 COM(2010)410
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union and the Federative Republic of Brazil on short-stay visa
waiver for holders of diplomatic, service or official passports.
Lead department
Department of Justice, Equality and Law Reform
It was agreed that these proposals do not warrant further scrutiny.
2.17 COM(2010)419
Proposal for a Council Decision on the signature of the Agreement between
the European Union and the Federative
Republic of Brazil on short-stay
visa waiver for holders of ordinary passports
Lead department
Department of Justice and Law Reform
AND
2.18 COM(2010)420
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union and the Federative Republic of Brazil on short-stay visa
waiver for holders of ordinary passports.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, it was agreed that these proposals do
not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.19 COM(2010)442
Proposal for a Council Regulation (EU) No amending Regulation (EC) No
1631/2005 imposing a definitive anti-dumping duty on
imports of
trichloroisocyanuric acid originating, inter alia, in the People's Republic of
China.
Lead department
Department of Enterprise, Trade and Employment
In light of the information provided by the Department, it was agreed that
this trade measure does not require further scrutiny by the Committee.
2.20 COM(2010)444
Proposal for a Council Decision concerning the non-inclusion of 1,3dichloropropene in Annex I to Council Directive 91/414/EEC
Lead department
Department of Agriculture, Fisheries and Food
In light of the information provided by the Department, it was agreed that
this technical measure does not warrant further scrutiny by the
Committee.
2.21 COM(2010)445
Proposal for a Council Regulation terminating the partial interim review of
Council Regulation (EC) No 661/2008 imposing a definitive anti-dumping
duty on imports of ammonium nitrate originating in Russia
Lead department
Department of Enterprise, Trade and Employment
It was agreed that this proposal does not warrant further scrutiny.
2.22 COM(2010)459
Proposal for a Council Regulation (EU) No …/2010
on restrictive
measures against Iran and repealing Regulation (EC) No 423/2007
Lead department
Department of Foreign Affairs
In light of the information provided by the Department, it was agreed that
this measure does not require further scrutiny.
2.23 EWN:2009/C237/05
Notice of initiation of an ant-dumping proceeding concerning imports of
ironing boards originating in the Peoples's Republic of China, limited to one
Chinese exporting producer, Since Hardware (Guanqzhou) Co. Ltd, and of
initiation of a review of the anti-dumping measures on imports of ironing
boards originating in the People's Republic of China,
Lead department
Given that there are no reported difficulties for Ireland, it was agreed
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
that this trade matter does not warrant further scrutiny.
3.
For no further scrutiny - send to sectoral Committee for information
3.1
COM(2010)433
Proposal for a Directive of the European Parliament and of the Council
amending Directives 98/78/EC, 2002/87/EC and 2006/48/EC as regards the
supplementary supervision of financial entities in a financial conglomerate.
Lead department
Department of Finance
In view of the information provided by the Department, particularly that
this is primarily a technical measure to amend existing Directives, it was
agreed that the measure does not require further scrutiny by this
Committee. It was also agreed however that the measure be forwarded
for information to the Finance Committee in light of their overall policy
remit in this area.
3.2
COM(2010)439
Communication from the Commission to the Council follow-up to the Council
Decision of 10 May 2010 addressed to Greece, with a view to reinforcing and
deepening fiscal surveillance and giving notice to Greece to take measures for
the deficit education judged necessary to remedy the situation of excessive
deficit
Lead department
3.3
Department of Finance
AND
COM(2010)440
Recommendation for a Council Decision amending Council Decision
2010/320/EU of 10 May 2010 addressed to Greece with a view to reinforcing
and deepening the fiscal surveillance and giving notice to take measures for
the deficit reduction judged necessary to remedy the situation of excessive
deficit
Lead department
Department of Finance
As this is not a legislative proposal, it was agreed that the communication
does not warrant further scrutiny by this Committee. Based on the
information available, it was agreed that the draft Council Decision does
not warrant further scrutiny. However, given that the Joint Committee on
European Affairs has considered the Loan Facility for Greece as part of
its work and that the communication may be of interest to the Joint
Committee on Finance and the Public Service, it was also agreed to
forward the documents to these committees for information.
4.
For Further scrutiny
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
4.1
COM(2010)119
Proposal for a Regulation of the European Parliament and of the Council on
the citizens’ initiative.
Lead department
Department of Foreign Affairs
Given the significance of this proposal for the democratic development of
the EU and that it is seen as one of the major achievements of the Lisbon
Treaty, it was agreed that it warrants further scrutiny. In particular, it is
important that the administrative arrangements for the implementation
of the Citizens’ Initiative in Ireland are put in place in a timely and
effective manner. Therefore, it was agreed to seek further details from the
relevant Government Departments on the administrative arrangements
for the implementation of the initiative in Ireland and the time scale for
their introduction. In addition, given that primary legislation may be
required to provide for the use of the Electoral Register to validate
statements of support under particular initiatives, it was also agreed to
forward the proposal to the Joint Committee on the Environment,
Heritage and Local Government for information.
4.2
COM(2010)368
Proposal for a Directive …/…/EU of the European Parliament and of the
Council on Deposit Guarantee Schemes [recast].
Lead department
Department of Finance
Given the significant nature of the measure, and the likely requirement
for primary legislation, it was agreed that it should be scrutinised in detail
by the Committee. To assist in its consideration, it was agreed that the
Minister for Finance and the Governor of the Central Bank be invited to
make oral presentations to the Committee and take questions. The
Committee may also invite other relevant stakeholders on behalf of the
banking and credit union sectors.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 19 OCTOBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 2.05 p.m. in Committee Room 4, LH 2000, a quorum being present. The
following members were present:—
Deputies: Lucinda Creighton, Timmy Dooley, Michael Kitt, Aengus Ó Snodaigh and John Perry in
the chair.
Senators: Paddy Burke, Terry Leyden and Paschal Mooney.
Apologies: Deputies Brendan Howlin and Noel O’Flynn.
The Committee agreed to go into private session.
[PUBLIC SESSION]
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 2 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
3.
ADJOURNMENT
The meeting was adjourned at 2.51 p.m. until Thursday, 4th November at 11.30 a.m.
________________
Mr. John Perry, T.D.
Chairman
4 November 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 19 October 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
1.
For no further scrutiny - send to sectoral Committee for information
For Further scrutiny
For no further scrutiny - send to sectoral Committee for information
1.1
COM(2010)462
Proposal for a Decision of the European Parliament and of the Council on the
European Year for Active Ageing (2012) (text with EEA relevance)
Lead department
Department of Health and Children
Based on the available information, it was agreed that this proposal does not
warrant further scrutiny. It was also agreed that this proposal will be sent for
information to the Joint Committee on Health and Children.
2.
For Further scrutiny
2.1
COM(2010)371
Proposal for a Directive of the European Parliament and of the Council
amending Directive 97/9/EC of the European Parliament and of the Council on
investor-compensation schemes.
Lead department
Department of Finance
In view of the importance of the proposal, and its links with the proposed
Directive on DGSs (COM(2010)368), it was agreed that this proposal will be
scrutinised in detail with 368. The Committee will be inviting the Minister for
Finance, the Governor of the Central Bank, and other relevant stake holders, to
discuss the proposal and prepare a report for the Houses.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 4 NOVEMBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.47 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Timmy Dooley, Michael Kitt, Aengus Ó Snodaigh and John Perry in the chair.
Senators: Paddy Burke, Ivor Callely (substituting for Senator Terry Leyden for part of the meeting),
Terry Leyden, Paschal Mooney and Alex White.
Apologies: Deputy Lucinda Creighton.
The Committee agreed to go into private session.
[PUBLIC SESSION]
2. SCRUTINY OF COM(2010)368 AND COM(2010)371
The Committee took oral evidence from representatives of the Central Bank, Investor Compensation
Company Limited and the Irish Banking Federation on COM(2010)368 - Proposal for a Directive
…/…/EU of the European Parliament and of the Council on Deposit Guarantee Schemes [recast],
and COM(2010)371 - Proposal for a Directive of the European Parliament and of the Council
amending Directive 97/9/EC of the European Parliament and of the Council on investorcompensation schemes.
Senator Paschal Mooney took the Chair at 12.32 p.m.
Deputy John Perry took the Chair at 12.36 p.m.
Debate ensued and concluded. It was agreed that a draft report will be prepared on the proposal.
3. SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 33 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
The Committee agreed to go into private session.
4. ADJOURNMENT
The meeting was adjourned at 1.37 p.m. until Thursday, 18th November at 9.30 a.m.
________________
Mr. Tom Sheahan, T.D.
Chairman
18 November 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 4 November 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
2.
3.
4.
5.
1.
For no further scrutiny
For no further scrutiny - send to sectoral Committee for information
Early Warning Notes
For Further scrutiny
Refer to sectoral committee for detailed scrutiny
For no further scrutiny
1.1
13553-10
Draft Council Decision on the launch of automated data exchange concerning
DNA data in Slovakia.
Lead department
Department of Justice and Law Reform
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.2
14180-10
Draft Council Decision on the launch of automated data exchange concerning
dactyloscopic data by Slovakia.
Lead department
Department of Justice and Law Reform
Given the information provided by the Department, and the specificity of
the measure to one member state, it was agreed that it does not require
further scrutiny by the Committee.
1.3
COM(2010)137
Proposal for a Council decision concluding the Free Trade Agreement
between the European Union and its Member States and the Republic of
Korea.
Lead department
Department of Enterprise, Trade and Innovation
Based on the information provided by the Department, it was agreed that
this trade proposal does not warrant further scrutiny by this Committee.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.4
COM(2010)326
Proposal for a Council Decision concluding an Agreement between the
European Union and the Kingdom of Morocco establishing a Dispute
Settlement Mechanism.
Lead department
Department of Enterprise, Trade and Employment
In light of the information provided, it was agreed that the measure does
not require further scrutiny by the Committee.
1.5
COM(2010)416
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/015
DK/Danfoss Group from Denmark).
Lead department
Department of Education and Skills
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.6
COM(2010)417
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/031
DK/Linak from Denmark).
Lead department
1.7
AND
COM(2010)437
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/003
ES/Galicia Textiles from Spain).
Lead department
1.8
Department of Education and Skills
Department of Education and Skills
AND
COM(2010)451
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/001
DK/Nordjylland from Denmark).
Lead department
1.9
Department of Education and Skills
AND
COM(2010)452
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/023
PT/Qimonda from Portugal).
Lead department
Department of Education and Skills
AND
1.10 COM(2010)530
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/026
NL/Noord Holland and Utrecht Division 18 from the Netherlands)
Lead department
Department of Education and Skills
In light of the information provided by the Department, and the technical
nature of the proposals, it was agreed that they do not require further
scrutiny by the Committee.
1.11 COM(2010)453
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management
(application EGF/2010/002
ES/Cataluña automoción).
Lead department
Department of Education and Skills
AND
1.12 COM(2010)518
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/028
NL/Limburg Division 18 from the Netherlands)
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Education and Skills
AND
1.13 COM(2010)528
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/029
NL/Gelderland and Overijssel Division 18 from the Netherlands)
Lead department
Department of Education and Skills
AND
1.14 COM(2010)529
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/027
NL/Noord Brabant and Zuid Holland Division 18 from the Netherlands)
Lead department
Department of Education and Skills
Based on the information available, it was agreed that these proposals do
not warrant further scrutiny.
1.15 COM(2010)467
Proposal for a Council Decision on the signature of the Agreement in the form
of the Exchange of Letters between the European Union and the Kingdom of
Norway concerning additional trade preferences in agricultural products
reached on the basis of Article 19 of the Agreement on the European
Economic Area
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.16 COM(2010)485
Proposal for a Council Decision on the conclusion of an Agreement in the
form of an Exchange of Letters between the European Union and the Kingdom
of Morocco concerning reciprocal liberalisation measures on agricultural
products, processed agricultural products, fish and fishery products, the
replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the
Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and the
Kingdom of Morocco, of the other part
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
In view of the information provided by the Department, and the technical
nature of this trade proposal, it was agreed that it does not require
further scrutiny by the Committee.
1.17 COM(2010)489
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006
between
the European Parliament, the Council and the Commission on budgetary
discipline and sound financial management
(application EGF/2009/021
IE/SR Technics from Ireland)
Lead department
Department of Education and Skills
In light of the information provided by the Department, and the technical
nature of the proposal, it was agreed that it does not require further
scrutiny by the Committee.
1.18 COM(2010)490
Proposal for a Directive of the European Parliament and of the Council
amending Council Directive 2001/112/EC relating to fruit juices and certain
similar products intended for human consumption
Lead department
Department of Agriculture, Fisheries and Food
In light of the information provided by the Department, and the technical
nature of the proposal, it was agreed that the measure does not require
further scrutiny by the Committee.
1.19 COM(2010)510
Proposal for a Directive of the European Parliament and of the Council on
rear-mounted roll-over protection structures of narrow-track wheeled
agricultural and forestry tractors
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.20 COM(2010)541
Proposal for a Council Implementing Regulation mposing a definitive antidumping duty and collecting definitively the provisional duty imposed on
imports of certain aluminium road wheels originating in the People's Republic
of China
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2010)344
Proposal for a Regulation of the Parliament and of the Council establishing
transitional arrangements for bilateral investment agreements between
Member States and third countries.
Lead department
Department of Enterprise, Trade and Employment
Based on the information available, it was agreed that proposal does not
warrant further scrutiny. However, the ongoing development of the EU’s
foreign direct investment policy as part of its common commercial policy
should be monitored as it could offer significant advantages and
opportunities for Ireland. It was also agreed to forward this proposal,
together with the related Commission Communication, to the Joint
Committee on Enterprise, Trade and Innovation for information and for
this Committee to monitor the tabling of any legislative proposals by the
Commission which may result from the follow-up to its Communication.
2.2
COM(2010)486
Amended proposal for a Regulation of the European Parliament and of the
Council amending Council Regulations (EC) No 1290/2005 and (EC) No
1234/2007, as regards distribution of food products to the most deprived
persons in the Union.
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not breach the principle of subsidiarity and does not warrant further
scrutiny by this Committee. However, given that the proposal is of some
significance and may have an impact on the Irish exchequer, it was also
agreed to forward the proposal to the Joint Committee on Agriculture,
Fisheries and Food for information.
3.
Early Warning Notes
3.1
EWN(2010)C203-02
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports of certain castings originating in the People’s Republic
of China
Lead department
Department of Enterprise, Trade and Innovation
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny.
3.2
EWN(2010)L211-01
Commission Regulation (EU) No 720/2010 of 11 August 2010 initiating an
investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 599/2009 on imports of biodiesel
originating in the United States of America by imports of biodiesel consigned
from Canada and Singapore, whether declared as originating in Canada and
Singapore or not and by imports of biodiesel in a blend containing by weight
20% or less of biodiesel originating in the United States of America, and
making these imports subject to registration
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
3.3
EWN(2010)L219-01
Commission Regulation (EU) No 748/2010 of 19 August 2010 initiating an
investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1425/2006 on imports of certain
plastic sacks and bags originating in the People’s Republic of China by
imports of certain plastic sacks and bags channelled via a Chinese company
subject to a lower duty rate and making such imports subject to registration
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
4.
For Further scrutiny
4.1
COM(2010)522
Proposal for a Council Regulation (EU) No …/…amending Regulation (EC)
No 1467/97 on speeding up and clarifying the implementation of the excessive
deficit procedure
Lead department
4.2
Department of Finance
AND
COM(2010)523
Proposal for a Council Directive on requirements for budgetary frameworks of
the Member States
Lead department
Department of Finance
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
AND
4.3
COM(2010)524
Proposal for a Regulation of the European Parliament and of the Council on
the effective enforcement of budgetary surveillance in the euro area
Lead department
Department of Finance
AND
4.4
COM(2010)525
Proposal for a Regulation of the European Parliament and of the Council on
enforcement measures to correct excessive macroeconomic imbalances in the
euro area
Lead department
4.5
Department of Finance
AND
COM(2010)526
Proposal for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No 1466/97 on the strengthening of the
surveillance of budgetary positions and the surveillance and coordination of
economic policies
Lead department
Department of Finance
AND
4.6
COM(2010)527
Proposal for a Regulation of the European Parliament and of the Council on
the prevention and correction of macroeconomic imbalances
Lead department
Department of Finance
Given the significant nature of these proposals in terms of economic
governance it was agreed that they should be scrutinised in detail by the
Committee. To assist in its consideration, it was also agreed that the
Minister for Finance be invited to make an oral presentation to the
Committee and take questions.
4.7
EWN(2010)243-40
Commission Regulation (EC) No 812 /2010 of 15 September 2010 imposing a
provisional anti-dumping duty on imports of certain continuous glass fibre
products originating in the People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
In light of the fact that Ireland opposed the imposition of provisional antidumping duties on the import of glass fibre from China due to the
negative impact duties would have on raw material costs for users of the
product, it was agreed that this early warning note warrants further
scrutiny. To this end, it was also agreed to seek further clarification from
the Department on the specific reasons for Ireland’s opposition to the
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
imposition of provisional duties and information on what efforts the
Department is making to have the difficulties reported by Irish users
reflected in the Commission’s investigation on whether to impose these
duties on a definitive basis.
5.
Refer to sectoral committee for detailed scrutiny
5.1
COM(2010)517
Proposal for a Directive of the European Parliament and of the Council on
attacks against information systems and repealing Council Framework
Decision 2005/222/JHA
Lead department
Department of Justice and Law Reform
Given the significance of this proposal for combating the real threat of
cybercrime and that Oireachtas approval is required if the Government
decides to opt into this proposed Directive, it was agreed that this
proposal requires further scrutiny. To this end, it is proposed to forward
this proposal to the Joint Committee on Justice, Defence and Women’s
Rights for consideration.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 18 NOVEMBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 9.41 a.m. in Committee Room 4, LH 2000, a quorum being present. The
following members were present:—
Deputies: Joe Carey (substituting for Deputy Lucinda Creighton) Timmy Dooley, Brendan Howlin,
Michael Kitt, Aengus Ó Snodaigh and Tom Sheahan in the chair.
Senators: Paddy Burke, Gerry Buttimer (substituting for Senator Eugene Regan), Ivor Callely
(substituting for Senator Terry Leyden for part of the meeting), Terry Leyden, Paschal Mooney and
Alex White.
Apologies: Deputy Lucinda Creighton.
[PUBLIC SESSION]
2.
ELECTION OF CHAIRMAN
The Clerk invited nominations for the position of Chairman of the committee. Senator Paddy Burke
moved “That Deputy Tom Sheahan be the Chairman of the committee”.
The question was put and agreed to unanimously.
[PRIVATE SESSION]
3.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 16 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.
4. NEXT MEETING
The Committee agreed that the next meeting would be held on Tuesday, 23 November at 11.30 a.m.
5. ADJOURNMENT
The meeting was adjourned at 10.31 a.m. until Tuesday, 23rd November at 11.30 a.m.
________________
Mr. Tom Sheahan, T.D.
Chairman
2 December 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 18 November 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further Scrutiny
3. CFSP measures
4. Early Warning Notes
1.
Adopted Measures
1.1
COM(2010)536
Proposal for a Council Regulation imposing a definitive anti-dumping duty
and collecting definitively the provisional duty
imposed on imports of
sodium gluconate originating in the People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this adopted
measure does not warrant further scrutiny.
1.2
SEC(2010)1199
EN
EN
AMENDING LETTER N° 2
TO THE
DRAFT GENERAL BUDGET 2011
STATEMENT OF REVENUE AND
EXPENDITURE BY SECTION
Section III - Commission
Lead department
Department of Finance
It was agreed to note this adopted measure.
2.
For no further scrutiny
2.1
COM(2010)507
Proposal for a Directive of the European Parliament and of the Council on the
approximation of the laws of the Member States relating to units of
measurement
Lead department
Department of Enterprise, Trade and Innovation
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
In light of the technical nature of this codification measure, it was agreed
that it does not require further scrutiny by the Committee.
2.2
COM(2010)533
Draft Amending Budget No 8 to the General Budget 2010 Statement of
Expenditure by Section Section III - Commission
Lead department
AND
2.3
Department of Finance
COM(2010)534
Proposal for a Decision of the European Parliament ond of the Council on the
mobilisation of the EU Solidarity Fund
Lead department
Department of Finance
In light of the information provided, and the material benefit to Ireland, it
was agreed that both measures do not require further scrutiny by the
Committee.
2.4
COM(2010)540
Proposal for a Council Implementing Decision amending Decision
2007/441/EC authorising the Italian Republic to apply measures derogating
from Articles 26(1)(a) and 168 of Council Directive 2006/112/EC on the
common system of value added tax.
Lead department
Department of Finance
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.5
COM(2010)545
Proposal for a Council Regulation fixing for 2011 and 2012 the fishing
opportunities for EU vessels for certain deep-sea fish stocks
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2.6
COM(2010)577
DRAFT AMENDING BUDGET N° 9 TO THE GENERAL BUDGET 2010
STATEMENT OF EXPENDITURE BY SECTION
Section III Commission
Lead department
AND
2.7
Department of Finance
COM(2010)578
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the EU Solidarity Fund
Lead department
Department of Finance
Based on the information available, it was agreed that these proposals do
not warrant further scrutiny.
2.8
COM(2010)592
Proposal for a Council Regulation terminating the partial interim review of the
anti-dumping and countervailing measures
applicable to imports of
polyethylene terephthalate (PET) film originating in India
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
2.9
COM(2010)594
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of certain polyethylene
terephthalate originating in the People's
Republic of China following an expiry review
pursuant to Article 11(2) of
Regulation (EC) No 1225/2009
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this measure does
not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.
CFSP Measures
3.1
CFSPCoted'Ivoire
CFSP Cote d'Ivoire
Lead department
Department of Foreign Affairs
It was agreed to note this adopted measure.
3.2
CFSP(2010)639
Council Decision 2010/639/CFSP concerning restrictive measures against
certain officials of Belarus
Lead department
Department of Foreign Affairs
It was agreed to note this adopted measure.
4.
Early Warning Notes
4.1
EWN(2010)253-42
: Commission Regulation (EU) No 850/2010 of 27 September 2010 initiating a
‘new exporter’ review of Council Regulation (EC) No 1659/2005 imposing a
definitive anti-dumping duty on imports of certain magnesia bricks originating
in the People’s Republic of China, repealing the duty with regard to imports
from one exporter in this country and making these imports subject to
registration
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
Is that agreed? Agreed.
4.2
EWN: 2010/C 188/05
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports bicycles originating in the People’s Republic of China
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
4.3
EWN: 2010/C 196/08
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports of hand pallet trucks and their essential parts originating
in the People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 23 NOVEMBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.44 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Timmy Dooley, Charlie Flanagan (for part of the meeting), Michael Kitt, Aengus Ó
Snodaigh and Tom Sheahan in the chair.
Senators: Paddy Burke, Terry Leyden, and Alex White.
Apologies: Deputies Lucinda Creighton, Brendan Howlin and Senator Paschal Mooney.
The Committee agreed to go into private session.
[PRIVATE SESSION]
2.
SCRUTINY OF COM(2010)368 AND COM(2010)371
The Committee took oral evidence from representatives of the Department of Finance on
COM(2010)368 - Proposal for a Directive …/…/EU of the European Parliament and of the Council
on Deposit Guarantee Schemes [recast], and COM(2010)371 - Proposal for a Directive of the
European Parliament and of the Council amending Directive 97/9/EC of the European Parliament
and of the Council on investor-compensation schemes.
Debate ensued and concluded. It was agreed that a draft report will be prepared on the proposal.
3.
NEXT MEETING
The Committee agreed that the next meeting would be held on Thursday 2nd December at 11.30 a.m.
4.
ADJOURNMENT
The meeting was adjourned at 1.12 p.m. until Thursday, 2nd December at 11.30 a.m.
________________
Mr. Tom Sheahan, T.D.
Chairman
2 December 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 2 DECEMBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.41 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Deputy Lucinda Creighton, Timmy Dooley, Michael Kitt and Tom Sheahan (in the chair).
Senators: Paddy Burke, Terry Leyden, Paschal Mooney and Eugene Regan.
[PUBLIC SESSION]
2.
ELECTION OF VICE-CHAIRMAN
The Chairman invited nominations for the position of Vice-Chairman of the committee. Senator
Paddy Burke moved “That Deputy Michael Kitt be the Vice-Chairman of the committee”.
The question was put and agreed to unanimously.
[PUBLIC SESSION]
3. SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee began consideration 34 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix
4. SUSPENSION OF MEETING
It was agreed that the meeting be suspended at 12.15 pm to allow Members participate in a Dáil
Division. The meeting resumed at 12.46 pm.
The Vice-Chairman, Deputy Kitt took the Chair for the remainder of the meeting
5. SCRUTINY OF EU LEGISLATIVE PROPOSALS (CONTINUED)
The Committee concluded consideration of 34 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix 1.
6. COM(2008)614 - PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL ON CONSUMER RIGHTS
The Committee took oral evidence from representatives from the Consumers’ Association of Ireland
on COM(2008)614 - Proposal for a Directive of the European Parliament and of the Council on
Consumer Rights.
Debate ensued and concluded. It was agreed to seek legal advice on whether the draft proposal was
in breach of subsidiarity. It was also agreed to invite the Department of Enterprise, Trade and
Innovation to attend a meeting of the Committee to discuss the proposal.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
7. Adjournment
The meeting was adjourned at 1.19 p.m. until Thursday, 16 December at 11.30 a.m.
________________
Mr. Tom Sheahan, T.D.
Chairman
16 December 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 2 December 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
For no further scrutiny
2.
For no further scrutiny - send to sectoral Committee for information
3.
CFSP Measures
4.
Early Warning Notes
1.
For no further scrutiny
1.1
COM(2010)446
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/011
NL/NXP Semiconductors from the Netherlands).
Lead department
Department of Education and Skills
AND
1.2
COM(2010)531
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/030
NL/Drenthe Division 18 from the Netherlands)
Lead department
Department of Education and Skills
Based on the information available, it was agreed that these proposals do
not warrant further scrutiny.
1.3
COM(2010)508
Proposal for a Directive of the European Parliament and of the Council on the
permissible sound level and the exhaust system of motor vehicles
Lead department
Department of Transport
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1.4
COM(2010)532
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2009/024
NL/Noord Holland and Zuid Holland Division 58 from the Netherlands)
Lead department
Department of Education and Skills
AND
1.5
COM(2010)568
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/018
DE/Heidelberger Druckmaschinen from Germany)
Lead department
Department of Education and Skills
AND
1.6
COM(2010)613
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/009
ES/Comunidad Valenciana Textiles from Spain)
Lead department
Department of Education and Skills
AND
1.7
COM(2010)615
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/016
ES/Aragón Retail trade from Spain)
Lead department
Department of Education and Skills
Based on the information available, it was agreed that these proposals do
not warrant further scrutiny.
1.8
COM(2010)542
Proposal for a European Parliament and Council Regulation (EU) No .../2010
of the European Parliament and of the Council on the approval and market
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
surveillance of two- or three-wheel vehicles and quadricycles
Lead department
Department of Transport
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.9
COM(2010)544
Proposal for a Regulation (EU) No of the European Parliament and of the
Council repealing Council Regulation (EC) No 1541/98 on proof of origin for
certain textile products falling within Section XI of the Combined
Nomenclature and released for free circulation in the Community, and on the
conditions for the acceptance of such proof and amending Council Regulation
(EEC) No 3030/93 on common rules for imports of certain textile products
from third countries
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.10 COM(2010)552
Proposal for a Regulation of the European Parliament and of the Council
introducing emergency autonomous trade preferences for Pakistan
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided by the Department, and the urgent
need to provide practical assistance to Pakistan, it was agreed that this
measure does not require further scrutiny by the Committee.
1.11 COM(2010)556
Council Decision on the financial contributions to be paid by the Member
States to finance the European Development Fund in 2011 and 2012, including
the first instalment for 2011.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed to note this adopted
measure.
1.12 COM(2010)563
Proposal for a Council Regulation concerning the allocation of the fishing
opportunities under the Fisheries Partnership Agreement between the
European Community and the Union of the Comoros
Lead department
Department of Agriculture, Fisheries and Food
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
In light of the information provided by the Department, it was agreed that
this measure does not require further scrutiny by the Committee.
1.13 COM(2010)565
Proposal for a Council Decision on the conclusion of a new Protocol setting
out the fishing opportunities and financial contribution provided for in the
Fisheries Partnership Agreement between the European Community and the
Union of the Comoros
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.14 COM(2010)572
Proposal for a Council Decision on the conclusion of the Protocol to the
Fisheries Partnership Agreement between the European Community and
Federated States of Micronesia
Lead department
Department of Agriculture, Fisheries and Food
AND
1.15 COM(2010)574
Proposal for a Council Decision on the signing and the provisional application
of the Protocol to the Fisheries Partnership Agreement between the European
Community and Federated States of Micronesia
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.16 COM(2010)610
Proposal for a Directive of the European Parliament and of the Council on
roll-over protection structures mounted in front of the driver's seat on narrowtrack wheeled agricultural and forestry tractors
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.17 COM(2010)637
Proposal for a Council Regulation (EU) No XX/2010 of XX December 2010
imposing a definitive anti-dumping duty and collecting definitively the
provisional duty imposed on imports of high tenacity yarn of polyesters
originating in the People’s Republic of China and terminating the proceeding
concerning imports of high tenacity yarn of polyesters originating in the
Republic of Korea and Taiwan
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this trade measure
does not warrant further scrutiny.
1.18 COM(2010)664
Proposal for a Council Decision on the conclusion of a Protocol to the
Partnership and Cooperation Agreement between the European Communities
and their Member States, of the one part, and the Republic of Uzbekistan, of
the other part, extending the provisions of the Partnership and Cooperation
Agreement to bilateral trade in textiles
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.19 COM(2010)669
Proposal for a Council Regulation imposing a definitive countervailing duty
on imports of certain graphite electrodes originating in India following an
expiry review pursuant to Article 18 of Council Regulation (EC) No 597/2009
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided by the Department, it was agreed that
this technical trade proposal does not require further scrutiny by the
Committee.
1.20 COM(2010)671
Proposal for a Council Regulation imposing a definitive anti-dumping duty on
imports of certain graphite electrodes originating in India following an expiry
review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided by the Department, it was agreed that
this technical trade proposal does not require further scrutiny by the
Committee.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2010)583
Proposal for a Council Decision on submitting 4-methylmethcathinone
(mephedrone) to control measures
Lead department
Department of Health and Children
Given that there are no implications for Ireland due to the fact that
Ireland is already subjecting this substance to controlling measures, it was
agreed that this proposal does not warrant further scrutiny. However,
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
given the serious concern which surrounded the issue of “legal Highs” and
“Head Shops” and that this proposed measure may help avoid problems
in cross-border law enforcement and judicial cooperation when it comes
to controlling this substance on an EU wide basis, it was also agreed to
forward this proposal to the Joint Committee on Health and Children and
the Joint Committee on Justice, Law Reform and Women’s Rights for
information.
3.
CFSP Measures
3.1
CFSP(2010)EU SALW
Draft COUNCIL DECISION adopting the EU SALW Strategy to combat the
illicit accumulation and trafficking of SALW and their ammunition.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this CFSP measure
does not warrant further scrutiny.
3.2
CFSP(2010)Operation Atalanta
Council Decision amending Joint Action 2008/851/CFSP on a European
Union military operation to contribute to the deterrence, prevention and
repression of acts of piracy and armed robbery off the Somali coast.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this proposed
CFSP measure does not warrant further scrutiny.
3.3
CFSP(2010)Sierra Leone
Draft Council Decision repealing Common Position 98/409/CFSP concerning
Sierra Leone.
Lead department
Department of Foreign Affairs
It was agreed to note this adopted CFSP measure.
4.
Early Warning Notes
4.1
EWN C 290-07
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of ferro-silicon originating, inter alia, in Russia
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
4.2
EWN L 298-10
Commission Regulation (EC) No 1035 /2010 of 15 November 2010 imposing
a provisional anti-dumping duty on imports of melamine originating in the
People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
4.3
EWN L 298-27
Commission Regulation (EC) No 1036 /2010 of 15 November 2010 imposing
a provisional anti-dumping duty on imports of zeolite A powder originating in
Bosnia and Herzegovina
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
4.4
EWN L 299-7
Commission Regulation (EC) No 1042 /2010 of 16 November 2010 imposing
a provisional anti-dumping duty on imports of coated fine paper originating in
the People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
4.5
EWN(2010) C 270-05
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports of trichloroisocyanuric acid originating in the People’s
Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
4.6
EWN(2010) C 272-06
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports of certain magnesia bricks originating in the People’s
Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
does not warrant further scrutiny at this stage.
4.7
EWN(2010) C 294-05
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of polyethylene terephthalate (PET) film originating in
India
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
4.8
EWN(2010) C 299-04
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of coumarin originating in the People’s Republic of
China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this early warning
note does not warrant further scrutiny at this stage.
4.9
EWN(2010) C 309-06
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports of steel ropes and cables originating in the People’s
Republic of China, South Africa and Ukraine
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
4.10 EWN(2010) L 211-06
Commission Regulation (EU) No 721/2010 of 11 August 2010 initiating an
investigation concerning the possible circumvention of m countervailing
measures imposed by Council Regulation (EC) No 598/2009 on imports of
biodiesel originating in the United States of America by imports of biodiesel
consigned from Canada and Singapore, whether declared as originating in
Canada and Singapore or not and by imports of biodiesel in a blend containing
by weight 20% or less of biodiesel originating in the United States of America,
and making these imports subject to registration
Lead department
Department of Enterprise, Trade and Innovation
Given that there are no reported difficulties for Ireland, it was agreed
that this trade matter does not warrant further scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT COMMITTEE ON EUROPEAN SCRUTINY
MINUTES OF MEETING OF 16 DECEMBER 2010
1.
OPENING OF MEETING
The Joint Committee met at 11.35 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—
Deputies: Deputy Michael Creed, Michael Kitt and Tom Sheahan (in the chair).
Senators: Paddy Burke, Terry Leyden, Paschal Mooney and Alex White.
[PUBLIC SESSION]
Senator Terry Leyden took the Chair for the part of the meeting to allow the Chairman, Mr. Tom
Sheahan T.D. to participate in a Dáil Vote
2.
SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee concluded consideration of 43 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix 1.
3.
DISCUSSION WITH DEPARTMENT OF FINANCE TO CONSIDER THE PROPOSALS TO
STRENGTHEN THE STABILITY AND GROWTH PACT
The Committee took oral evidence from representatives of the Department of Finance on the
proposals to strengthen the Stability and Growth Pact - COM(2010)522, COM(2010)523,
COM(2010)524, COM(2010)525, COM(2010)526 and COM(2010)527.
The following Department of Finance Officials were in attendance: Mr. Michael McGrath, Assistant
Secretary, Mr. Ronnie Downes, Ms. Brenda McGovern, and Mr. Joe Kirwan.
Debate ensued and concluded.
4.
ADJOURNMENT
The meeting was adjourned at 1.18 p.m. until Thursday, 13 January at 11.30 a.m.
_____________
Mr. Tom Sheahan, T.D.
Chairman
13 January 2011
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 1
Joint Committee on European Scrutiny
Meeting of 16 December 2010
Decision List
Proposals in this decision list are placed in the following Categories:
1.
For no further scrutiny
1.1
COM(2010)15
Proposal for a Council Regulation amending Decision 2008/839/JHA on
migration from the Schengen Information System (SIS 1+) to the second
generation Schengen Information System (SIS II) - Redrafted compromise
version.
Lead department
Department of Justice and Law Reform
In light of the information provided by the Department, and the
Committee's previous decision that the pre-Lisbon proposal did not
require further scrutiny, it was agreed again that the measure does not
require further scrutiny by the Committee.
1.2
COM(2010)220
Proposal for a Council Decision on the conclusion of the Agreement between
the European Community and its Member States, of the one part, and the
Republic of South Africa, of the other part, amending the Agreement on
Trade, Development and Cooperation.
Lead department
Department of Foreign Affairs
Based on the information available, it was agreed that this proposal does
not warrant scrutiny.
1.3
COM(2010)316
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union and the United States of America on the processing and
transfer of Financial Messaging Data from the European Union to the United
States for purposes of the Terrorist Finance Tracking Program.
Lead department
Department of Justice, Equality and Law Reform
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
AND
1.4
COM(2010)317
Proposal for a Council Decision on the signature of the Agreement between
the European Union and the United States of America on the processing and
transfer of Financial Messaging Data from the European Union to the United
States for purposes of the Terrorist Finance Tracking Program.
Lead department
Department of Justice, Equality and Law Reform
Based on the information available, it was agreed to note these adopted
justice measures.
1.5
COM(2010)328
Proposal for a Council Decision authorising the signature of an Agreement
between the European Union and the Kingdom of Morocco establishing a
Dispute Settlement Mechanism
Lead department
Department of Enterprise, Trade and Employment
AND
1.6
COM(2010)483
Proposal for a Council Decision on the signature of the Agreement in the form
of an Exchange of Letters between the European Union and the Kingdom of
Morocco concerning reciprocal liberalisation measures on agricultural
products, processed agricultural products, fish and fishery products, the
replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the
Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and the
Kingdom of Morocco, of the other part.
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that these proposals do
not warrant further scrutiny.
1.7
COM(2010)466
Proposal for a Council Decision on the conclusion of the Agreement in the
form of the Exchange of Letters between the European Union and the
Kingdom of Norway concerning additional trade preferences in agricultural
products reached on the basis of Article 19 of the Agreement on the European
Economic Area
Lead department
Department of Agriculture, Fisheries and Food
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the available information, it was agree that this proposal does
not warrant further scrutiny.
1.8
COM(2010)470
Proposal for a Council Regulation fixing for 2011 the fishing opportunities for
certain fish stocks and groups of fish stocks applicable in the Baltic Sea
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.9
COM(2010)473
Proposal for a Regulation of the European Parliament and of the Council on
the marketing and use of explosives precursor
Lead department
Department of Justice and Law Reform
In light of the information provided by the Department, it was agreed that
the measure does not require further scrutiny by the Committee.
1.10 COM(2010)498
Proposal for a Regulation (EU) No .../ of the European Parliament and of the
Council laying down specific measures for agriculture in the outermost
regions of the Union
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.11 COM(2010)505
Proposal for a Regulation of the European Parliament and of the Council on
statistical returns in respect of the carriage of goods by road
Lead department
Central Statistics Office
In light of the information provided by the Department, it was agreed that
the measure does not require further scrutiny by the Committee.
1.12 COM(2010)509
Proposal for a Regulation of the European Parliament and of the Council
amending Regulation (EC) No 428/2009 setting up a Community regime for
the control of exports, transfer, brokering and transit of dual use items
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Enterprise, Trade and Innovation
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.13 COM(2010)537
EN
EN Proposal for a Regulation of the European
Parliament and of the Council amending Council Regulation (EC) No
1698/2005 on support for rural development by the European Agricultural
Fund for Rural Development (EAFRD)
Lead department
Department of Agriculture, Fisheries and Food
In light of the information provided by the Department, it was agreed that
the measure does not
1.14 COM(2010)551
Council Decision on the financial contributions to be paid by the Member
States to finance the European Development Fund (3rd instalment 2010)
Lead department
Department of Foreign Affairs
In light of the information provided by the Department, it was agreed that
this adopted measure does not require further scrutiny by the Committee.
1.15 COM(2010)564
Proposal for a Council Decision on the signing and on the provisional
application of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Fisheries Partnership Agreement between the
European Community and the Union of the Comoros
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.16 COM(2010)575
Proposal for a Council Regulation concerning the allocation of fishing
opportunities under the Protocol to the Fisheries Partnership Agreement
between the European Community and Federated States of Micronesia
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.17 COM(2010)590
Proposal for a COUNCIL DECISION on the signature of the Agreement on
certain aspects of air services between the European Union and the Republic
of Cape Verde.
Lead department
Department of Transport
AND
1.18 COM(2010)591
Proposal for a Council Decision on the conclusion of the Agreement on certain
aspects of air services between the European Union and the Republic of Cape
Verde
Lead department
Department of Transport
In light of the information provided, it was agreed that both measures do
not require further scrutiny by the Committee.
1.19 COM(2010)606
Proposal for a Council Decision on the conclusion of the Agreement on the
Protection and Sustainable Development of the Prespa Park Area
Lead department
Department of Environment, Heritage and Local
Government
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.20 COM(2010)607
Proposal for a Directive of the European Parliament and of the Council
amending Directive 2000/25/EC as regards the provisions for tractors placed
on the market under the flexibility scheme
Lead department
Department of Agriculture, Fisheries and Food
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.21 COM(2010)611
Proposal for a Regulation (EU) [.../...] of the European Parliament and of the
Council amending Regulation (EC) No 1406/2002 establishing a European
Maritime Safety Agency
Lead department
Department of Transport
In light of the information provided by the Department, it was agreed that
this measure does not require further scrutiny by the Committee.
1.22 COM(2010)616
Proposal for a Decision of the European Parliament and of the Council in the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/004
PL/Wielkopolskie Automotive from Poland)
Lead department
Department of Education and Skills
AND
1.23 COM(2010)617
Proposal for a Decision of the European Parliament and of the Council on the
mobilisation of the European Globalisation Adjustment Fund in accordance
with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission on budgetary
discipline and sound financial management (application EGF/2010/005
ES/Comunidad Valenciana Natural Stone from Spain)
Lead department
Department of Education and Skills
In light of the information provided by the Department, and the technical
nature of the proposals, it was agreed that they do not require further
scrutiny by the Committee.
1.24 COM(2010)619
Proposal for a Council Decision on the position to be adopted by the European
Union within the ACP-EU Council of Ministers concerning the status of
Equatorial Guinea in relation to the revised ACP-EC Partnership Agreement
Lead department
Department of Foreign Affairs
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.25 COM(2010)635
Proposal for a Regulation of the European Parliament and of the Council on
establishing a system for the identification and registration of ovine and
caprine animals
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.26 COM(2010)644
Proposal for a Council Decision on the signature of the Agreement between
the European Union and the Swiss Confederation on the protection of
designations of origin and geographical indications for agricultural products
and foodstuffs, amending the Agreement between the European Community
and the Swiss Confederation on trade in agricultural products
Lead department
Department of Agriculture, Fisheries and Food
AND
1.27 COM(2010)645
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union, the Swiss Confederation and the Principality of
Liechtenstein amending the Additional Agreement between the European
Community, the Swiss Confederation and the Principality of Liechtenstein
extending to the Principality of Liechtenstein the Agreement between the
European Community and the Swiss Confederation on trade in agricultural
products
Lead department
Department of Agriculture, Fisheries and Food
AND
1.28 COM(2010)646
Proposal for a Council Decision on the signature of the Agreement between
the European Union, the Swiss Confederation and the Principality of
Liechtenstein amending the Additional Agreement between the European
Community, the Swiss Confederation and the Principality of Liechtenstein
extending to the Principality of Liechtenstein the Agreement between the
European Community and the Swiss Confederation on trade in agricultural
products
Lead department
Department of Agriculture, Fisheries and Food
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
AND
1.29 COM(2010)648
Proposal for a Council Decision on the conclusion of the Agreement between
the European Union and the Swiss Confederation on the protection of
designations of origin and geographical indications for agricultural products
and foodstuffs, amending the Agreement between the European Community
and the Swiss Confederation on trade in agricultural products
Lead department
Department of Agriculture, Fisheries and Food
Based on the available information, it was agreed that these proposals do
not warrant further scrutiny.
1.30 COM(2010)647
Proposal for a Council Decision on the European Union position on the
adaptation of Annex 3 to the Agreement between the European Community
and the Swiss Confederation on trade in agricultural products
Lead department
Department of Agriculture, Fisheries and Food
Based on the information available, it was agreed that this proposal does
not warrant further scrutiny.
1.31 COM(2010)649
Proposal for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC) No 55/2008 introducing autonomous trade
preferences for the Republic of Moldova
Lead department
Department of Enterprise, Trade and Innovation
In light of the information provided by the Department, it was agreed that
this minor trade matter does not require further scrutiny by the
Committee.
1.32 COM(2010)666
Proposal for a Council Directive amending Directive 2000/75/EC as regards
vaccination against bluetongue
Lead department
Department of Agriculture, Fisheries and Food
In light of the information provided by the Department, it was agreed that
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
the measure does not require further scrutiny by the Committee.
1.33 COM(2010)684
Proposal for a Council Implementing Regulation terminating the anti-dumping
proceeding on imports of glyphosate originating in the People’s Republic of
China
Lead department
Department of Enterprise, Trade and Innovation
Based on the available information, it was agreed that this proposal does
not warrant further scrutiny.
1.34 SEC(2010)1064
EN
EN AMENDING LETTER N° 1TO THE DRAFT
GENERAL BUDGET 2011 STATEMENT OF REVENUE AND
EXPENDITURE BY SECTION Section II –European Council and Council
Section III - Commission Section X – European External Action Service
Lead department
Department of Finance
In light of the information provided, it was agreed that the proposal does
not require further scrutiny by the Committee.
2.
For no further scrutiny - send to sectoral Committee for information
2.1
COM(2010)482
Proposal for a Regulation of the European Parliament and of the Council on
Short Selling and certain aspects of Credit Default Swaps.
Lead department
Department of Finance
In light of the information provided, and the importance of the proposal
to harmonise EU requirements in this area, it was agreed to send this
proposal to the Joint Committee on Finance for its information and
possible consideration.
2.2
COM(2010)484
Proposal for a Regulation of the European Parliament and of the Council on
OTC derivatives, central counterparties and trade repositories
Lead department
Department of Finance
In light of the information provided, and the importance of the proposal
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
to harmonise EU requirements in this area, it was agreed to send this
proposal to the Joint Committee on Finance for its information and
possible consideration.
3.
CFSP Measures
3.1
CFSP(2010)639101108Belarus
Council Decision 2010/639/CFSP concerning restrictive measures against
certain officials of Belarus
Lead department
Department of Foreign Affairs
It was agreed to note this adopted CFSP measure.
4.
Early Warning Notes
4.1
EWN(2010)-C315-7
Notice of initiation of an expiry review of the anti-dumping measures
applicable to imports of certain stainless steel fasteners and parts thereof
originating in the People’s Republic of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
4.2
EWN(2010)-L282-29
Commission Regulation (EU) No 966/2010 of 27 October 2010 initiating an
investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or
steel fasteners originating in the People’s Republic of China by imports of
certain iron or steel fasteners consigned from Malaysia, whether declared as
originating in Malaysia or not, and making such imports subject to registration
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
4.3
EWN(2010)C323-24
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of potassium chloride originating in Belarus and Russia
Lead department
Department of Enterprise, Trade and Innovation
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Based on the information note, it was agreed that this early warning note
does not warrant further scrutiny.
4.4
EWN(2010)C324-21
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of certain castings originating in the People’s Republic
of China
Lead department
Department of Enterprise, Trade and Innovation
Based on the information available, it was agreed that this notification
does not warrant further scrutiny at this stage.
5.
For Further scrutiny
5.1
CFSP(2010)101210Serbia
Council Decision on the signing and conclusion of the Agreement between the
European Union and the Republic of Serbia establishing a framework for the
participation of the Republic of Serbia in European Union crisis management
operations.
Lead department
Department of Foreign Affairs
Given the concerns about Serbia's continued cooperation with the
International Criminal Tribunal for the former Yugoslavia (ICTY), it was
agreed that this measure warrants further scrutiny. To that end, it was
agreed to seek further clarification from the Department of Foreign
Affairs on the criteria applied in deciding whether a third country can
participate in EU crisis management operations and whether any
concerns have been raised within the Council in relation to Serbia's
participation in EU crisis management operations given the concerns
about its cooperation with the ICTY.
6.
Refer to sectoral committee for detailed scrutiny
6.1
COM(2010)488
Proposal for a Regulation of the European Parliament and of the Council
amending Council Regulation (EC) No 1288/2009 establishing transitional
technical measures from 1 January 2010 to 30 June 2011.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Lead department
Department of Agriculture, Fisheries and Food
Given the importance of this proposed Regulation, which proposes to
continue, without change, the technical technical measures for the
conservation and management of marine resources, as established in
Council Regulation (EC) No 1288/2009, it was agreed that this proposal
warrants further scrutiny. To this end, it was also agreed that the
proposal is referred to the Joint Committee on Agriculture, Fisheries and
Food for detailed scrutiny.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 4
Reports by the Committee
1. Scrutiny Reports

No. 30:– COM(2009) 362 final - Proposal for a Directive of the European Parliament and of
the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements
for the trading book and for re-securitisations, and the supervisory review of remuneration
policies; 23 February 2010

No. 31:– EPA Code of Practice on Wastewater Disposal Systems serving Single Houses;
7 July 2010

No. 32:– Police and Judicial Co-operation and the Fight Against Cross-Border Crime;
3 December 2010

No. 33:– COMs (2010) 368 and 371– Amending Directives for the Deposit Guarantee and
Investor Protection Schemes; 23 December 2010
2. Special Reports

Fifth Report:– Special Report on New EU Legislation 1 July to 31 December 2009;
15 June 2010

Sixth Report:– Special Report on New EU Legislation 1 January to 30 June 2010;
19 November 2010
3. Meeting Reports




















Report on Documents considered at 53rd Meeting on 12th January 2010; 28th January 2010
Report on Documents considered at 54th Meeting on 28th January 2010; 9th February 2010
Report on Documents considered at 55th Meeting on 9th February 2010; 23rd February 2010
Report on Documents considered at 56th Meeting on 23rd February 2010; 9th March 2010
Report on Documents considered at 58th Meeting on 9th March 2010; 23rd March 2010
Report on Documents considered at 59th Meeting on 23 March 2010; 22nd April 2010
Report on Documents considered at 60th Meeting on 20 April 2010; 13th May 2010
Report on Documents considered at 61st Meeting on 11 May 2010; 25th May 2010
Report on Documents considered at 62nd Meeting on 25 May 2010; 15th June 2010
Report on Documents considered at 63rd Meeting on 15 June 2010; 30th June 2010
Report on Documents considered at 64th Meeting on 29 June 2010; 14th June 2010
Report on Documents considered at 66th Meeting on 13 July 2010; 15th October 2010
Report on Documents considered at 67th Meeting on 21 September 2010; 15th October 2010
Report on Documents considered at 68th Meeting on 12 October 2010; 22nd October 2010
Report on Documents considered at 69th Meeting on 19 October 2010; 3rd November 2010
Report on Documents considered at 70th Meeting on 4 November 2010; 22nd November 2010
Report on Documents considered at 71st Meeting on 18 November 2010; 3rd December 2010
Report on Documents considered at 72nd Meeting on 23 November 2010; 3rd December 2010
Report on Documents considered at 73rd Meeting on 2 December 2010; 20 January 2011
Report on Documents considered at 74th Meeting on 16 December 2010; 20 January 2011
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
4. Other Reports
 Seventh Annual Report on the Operation of the European Union (Scrutiny) Act 2002;
13 May 2010
 Joint Committee on European Affairs/Joint Committee on European Scrutiny Review of the Role of the Oireachtas in European Affairs; 7 July 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 5
Groups and Individuals attending Joint Committee meetings
In 2010 the Joint Committee met the following organisations, groups and individuals:
1.
Government Ministers
Nil
2.
Government Departments
Department of the Environment, Heritage and Local Government
Department of Finance
Department of Justice



3.
Other








European Commission Representation in Ireland.
John Hamilton – Permanent Representative of the Houses of the Oireachtas to the European
Parliament
Central Bank
Environmental Protection Agency
Leitrim County Council
Bio Tech
Irish Banking Federation
Consumers’ Association of Ireland
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 6
Orders of Reference of the Joint Sub-Committee
The Joint Committee on European Affairs and the Joint Committee on European Scrutiny agreed:
(1)
That a Joint sub-Committee of the Joint Committees on European Affairs and European
Scrutiny which shall be called the Joint sub-Committee on the review of the role of the
Oireachtas in European Affairs, be established to consider:
-
Modules 1 to 6 of the Terms of Reference for the Review by the Joint Committees on
European Affairs and European Scrutiny of the Interim Arrangements in the Houses of
the Oireachtas implementing the new powers of National Parliaments under the Lisbon
Treaty and the future Role of the Oireachtas in EU Affairs;
and shall report thereon to the Joint Committee on European Affairs and the Joint Committee
on European Scrutiny by 27 May 2010.
(2)
The Sub-Committee shall have the powers defined in Standing Order 83(1), (2) and (4) to (8)
inclusive.
(3)
The Membership of the Joint sub-Committee shall be Deputies Joe Costello, Lucinda
Creighton, Timmy Dooley, Michael Kitt, Mary O’Rourke and John Perry, and Senators
Paschal Donohoe, John Hanafin, Terry Leyden and Alex White.
(4)
The quorum of the Sub-Committee shall be 4.
Review by the Joint Committees on European Affairs and European Scrutiny of the Interim
Arrangements in the Houses of the Oireachtas implementing the new powers of National
Parliaments under the Lisbon Treaty and the future Role of the Oireachtas in EU Affairs
The Lisbon Treaty changes the relationship between the EU and the national parliaments of the
Member States and for the first time, the Treaties formally recognise that national parliaments have a
key role to play in the good functioning of the EU. This will have an effect on how the Houses of
the Oireachtas conduct their business in relation to EU matters and will also impact on the
cooperation between the Houses of the Oireachtas and the national parliaments of the 26 other EU
Member States.
In addition, and beyond the implementation of the Lisbon Treaty provisions, the Joint Committees
recognise that the role of the Houses of the Oireachtas in EU affairs needs to be improved; a matter
considered by the Sub-Committee on Ireland’s Future in the European Union (SCIFE).
The 10 December Resolutions require both Joint Committees to review the operation of the interim
arrangements of the Resolutions and to jointly report thereon, and on such related matters as the
Committees think fit, to Dáil Éireann/Seanad Éireann within six months. On the basis of the
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Committees report, the Committee on Procedure and Privileges of each House shall recommend to
the Dáil/Seanad such amendments to the Standing Orders of Dáil Éireann/Seanad Éireann and the
Orders of Reference of Committees as may be required.
Terms of Reference for Review
MODULE 1: Review of the Interim Arrangements in the Houses of the Oireachtas
implementing the powers conferred by the European Union Act 2009
1.1 Role of the Oireachtas in monitoring Subsidiarity in accordance with the Protocol on the
application of the principles of subsidiarity and proportionality.
1.2 Role of the Oireachtas with regard to the “Red Card” procedure applicable to the use of the
General passerelle and the Specific passerelle
1.3 Other roles of the Oireachtas conferred by the Lisbon Treaty not contemplated by the
European Union Act 2009
1.4 Transmission of Documents
MODULE 2: Recommendations made by the Sub-Committee on Ireland’s Future in the
European Union
2.1 Scrutiny reserve mechanism
2.2 Consultation in advance of publication of the Annual Policy Strategy (APS) and
Commission Legislative Work Programme (CLWP)
2.3 Structured arrangements for Pre Council meetings with Committees across all sectors
2.4 Other recommendations made by the Sub-Committee on Ireland’s future in the European
Union, (SCIFE)
MODULE 3: Interparliamentary Co-operation
3.1 Enhancement of inter-parliamentary cooperation to ensure that it is capable of rapid reaction
and is properly resourced
MODULE 4 : Optimisation of the consideration of EU Affairs by the Houses of the Oireachtas
4.1 Role of Oireachtas Stakeholders
4.2 Mainstreaming
MODULE 5: Transposition of EU Law and Regulatory Impact Assessment
5.1 Oireachtas oversight of the Transposition of EU Law
5.2 Regulatory Impact Assessments
MODULE 6 : Resources and Training
An administrative review of implications for resources and training to be produced by the Houses of
the Oireachtas Service for Committee consideration
6.1 Resources and Training supports required in light of new demands
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
6.2 EU Information office
THE REVIEW PROCESS
The review will draw on the Lisbon Treaty provisions, the recommendations of the Sub-Committee
on Ireland’s future in the EU and discussions at the level of COSAC and the EU Speakers’
Conference and will be undertaken in consultation with key stakeholders, including the Government,
Party Whips, Leader of the Seanad, Party Leaders and the Irish MEPs.
The Joint Committees may also seek position papers from each of the Oireachtas political parties
based on the terms of reference above. The Ceann Comhairle and the Cathaoirleach will also be
consulted in respect of any issues arising from the EU Speakers Conference.
It is envisaged that in order to conduct the review in as efficient a manner as possible, the Joint
Committees on European Affairs and European Scrutiny will each nominate 5 members (3 Members
of Dáil Éireann and 2 members of Seanad Eireann) to form a Joint Sub-Committee to conduct the
review. The Joint Sub-Committee will consider and report on each module to both Joint
Committees.
The Joint Sub-Committee will consider the position papers received and hold discussions with
Oireachtas stakeholders. The Joint Sub-Committee may consider holding a series of public
meetings, possibly 4 days over two weeks, after which the Sub-Committee will finalise its report.
The Joint Sub-Committee should finalise its work by 27 May 2010 in order that the matter may be
concluded by both Joint Committees within the six-month deadline of 10 June 2010.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 7
Membership of the Joint Sub-Committee
Deputies:
Senators
Joe Costello
Lucinda Creighton
(Chairperson)
Timmy Dooley
Michael Kitt
Mary O’Rourke
John Perry
(LAB)
(FG)
Paschal Donohoe
John Hanafin
Terry Leyden
Alex White
(FG)
(FF)
(FF)
(LAB)
(FF)
(FF)
(FF)
(FG)
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 8
Minutes of proceedings of the Joint Sub-Committee
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 24 MARCH 2010
1. OPENING OF MEETING
The Joint Committee met at 2.06 p.m. in Committee Room 3, LH 2000, a quorum being present. The
following members were present:—
Deputies: Joe Costello, Lucinda Creighton, Michael Kitt and John Perry.
Senators: Paschal Donohoe, John Hanafin and Terry Leyden.
[PUBLIC SESSION]
2.
ELECTION OF CHAIRPERSON
The Clerk invited nominations for the position of Chairperson of the committee. Deputy John Perry
moved “That Deputy Lucinda Creighton be the Chairperson of the committee”. Deputy Kitt
seconded the proposal.
The question was put by the Clerk and agreed to unanimously.
Deputy Creighton took the Chair accordingly.
The Committee agreed to go into private session at 2.10 p.m.
[PRIVATE SESSION]
3.
ADJOURNMENT
The meeting was adjourned at 2.19 p.m. until Wednesday, 31 March 2010.
________________
Ms. Lucinda Creighton, T.D.
Chairperson
31 March 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 31 MARCH 2010
1.
OPENING OF MEETING
The Joint Committee met at 5.25 p.m. in Committee Room 3, LH 2000, a quorum being present. The
following members were present:—
Deputies: Lucinda Creighton (in the Chair), Michael Kitt and John Perry.
Senators: Paschal Donohoe, John Hanafin, Terry Leyden and Alex White.
The Committee agreed to start the meeting in private session at 5.25 p.m.
[PRIVATE SESSION]
2.
ADJOURNMENT
The meeting was adjourned at 6.14 p.m. until Wednesday, 13 April, 2010.
________________
Ms. Lucinda Creighton, T.D.
Chairperson
14 April 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 14 APRIL 2010
1. OPENING OF MEETING
The Joint Committee met at 2.07 p.m. in Committee Room 1, LH 2000, a quorum being present. The
following members were present:—
Deputies: Lucinda Creighton (in the Chair), Timmy Dooley, John Perry and Joe Costello
Senators: Paschal Donohoe and Diarmuid Wilson.
Apologies: Deputy Mary O’Rourke and Senators John Hanafin, Terry Leyden and Alex White.
The Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
2. ADJOURNMENT
The meeting was adjourned at 2.24 p.m. until Wednesday, 28 April, 2010.
________________
Ms. Lucinda Creighton, T.D.
Chairperson
28 April 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 28 APRIL 2010
1. OPENING OF MEETING
The Joint sub-Committee met at 5.13 p.m. in Committee Room 3, LH 2000, a quorum being present.
The following members were present:—
Deputies: Lucinda Creighton (in the Chair), Joe Costello, Michael P. Kitt and John Perry.
Senators: John Hanafin and Alex White.
Apologies: Deputy Mary O’Rourke and Senators Terry Leyden.
The Joint sub-Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
The Sub-Committee agreed at 5.15 p.m. to commence Public Session.
PUBLIC SESSION
2. PRESENTATIONS BY MR. MICHAEL MCDOWELL AND MR. ANTHONY M. COLLINS
The Chairperson welcomed Mr. Michael McDowell and Mr. Anthony M. Collins to the meeting of
the Joint sub-Committee. The Chairperson also drew attention to the fact that members of the SubCommittee have privilege but that this privilege does not extend to witnesses appearing before it.
The Chairperson invited Mr. McDowell to make a presentation to the Joint sub-Committee.
Following Mr. McDowell’s presentation the Chairperson invited Mr. Collins to make a presentation
to the Joint sub-Committee.
Following the presentations, debate ensued and concluded.
The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]
3. ADJOURNMENT
The meeting was adjourned at 6.35 p.m. until Wednesday, 5 May, 2010.
________________
Ms. Lucinda Creighton, T.D.
Chairperson
5 May 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 5 MAY 2010
1.
OPENING OF MEETING
The Joint sub-Committee met at 10.19 a.m. in Committee Room 3, LH 2000, a quorum being
present. The following members were present:—
Deputies: Lucinda Creighton (in the Chair), Timmy Dooley, Michael P. Kitt and John Perry.
Senators: John Hanafin, Alex White Mark Dearey (in substitution for Senator Terry Leyden), and
Fidelma Healy Eames (in substitution for Senator Paschal Donohoe),
Apologies: Deputy Joe Costello, Mary O’Rourke and Senators Terry Leyden and Paschal Donohoe.
The Joint sub-Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
The Joint sub-Committee agreed at 10.22 a.m. to commence Public Session.
PUBLIC SESSION
2.
PRESENTATIONS BY MR. GAVIN BARRETT, UNIVERSITY COLLEGE DUBLIN, MR. PAT COX,
PRESIDENT OF THE EUROPEAN MOVEMENT INTERNATIONAL AND MR. BRENDAN HALLIGAN,
CHAIRMAN OF THE INSTITUTE OF INTERNATIONAL AND EUROPEAN AFFAIRS.
The Chairperson welcomed Mr. Gavin Barrett, University College Dublin, Mr. Pat Cox, President of
the European Movement International and Mr. Brendan Halligan, Chairman of the Institute of
International and European Affairs to the meeting of the Joint sub-Committee. The Chairperson also
drew attention to the fact that members of the Joint sub-Committee have privilege but that this
privilege does not extend to witnesses appearing before it.
The Chairperson invited Mr. Barrett to make a presentation to the Joint sub-Committee.
Following Mr. Barrett’s presentation the Chairperson invited Mr. Cox to make a presentation to the
Joint sub-Committee.
Following Mr. Cox’s presentation the Chairperson invited Mr. Halligan to make a presentation to the
Joint sub-Committee.
Following the presentations, debate ensued and concluded.
The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
3.
ADJOURNMENT
The meeting was adjourned at 12.12 p.m. until Wednesday, 12 May, 2010
________________
Ms. Lucinda Creighton, T.D.
Chairperson
12 May 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 12 MAY 2010
1.
OPENING OF MEETING
The Joint sub-Committee met at 9.36 a.m. in Committee Room 3, LH 2000, a quorum being present.
The following members were present:—
Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley, Michael P. Kitt, Mary
O’Rourke and John Perry.
Senators: Alex White and Terry Leyden.
Apologies: Deputy Joe Costello, Mary O’Rourke and Senators Terry Leyden and Paschal Donohoe.
The Joint sub-Committee agreed to start the meeting in private session.
[PRIVATE SESSION]
The Joint sub-Committee agreed at 9.38 a.m. to commence Public Session.
PUBLIC SESSION
2.
PRESENTATIONS BY MR. ALAN DUKES AND MR. JOHN BRUTON
The Chairperson welcomed Mr. Alan Dukes and Mr. John Bruton to the meeting of the Joint subCommittee.
The Chairperson invited Mr. Dukes to make a presentation to the Joint sub-Committee.
Following Mr. Duke’s presentation the Chairperson invited Mr. Bruton to make a presentation to the
Joint sub-Committee.
Following the presentations, debate ensued and concluded.
The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]
3.
ADJOURNMENT
The meeting was adjourned at 11.13 a.m. until Wednesday, 19 May, 2010.
________________
Ms. Lucinda Creighton, T.D.
Chairperson
12 May 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 19 MAY 2010
1.
OPENING OF MEETING
The Joint sub-Committee met at 10.49 a.m. in Committee Room 3, LH 2000, a quorum being
present. The following members were present:—
Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley, Michael P. Kitt and John
Perry.
Senators: Alex White, Paschal Donohoe and Terry Leyden.
PUBLIC SESSION
2.
PRESENTATION BY MR. MICHEÁL MARTIN, TD, MINISTER FOR FOREIGN AFFAIRS. The
Chairperson welcomed Mr. Alan Dukes and Mr. John Bruton to the meeting of the Joint subCommittee.
The Chairperson invited Minister Martin to make a presentation to the Joint sub-Committee.
Following the presentation, debate ensued and concluded.
The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]
3.
ADJOURNMENT
The meeting was adjourned at 12.15 p.m. until Wednesday, 26 May, 2010.
________________
Ms. Lucinda Creighton, T.D.
Chairperson
26 May 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 26 MAY 2010
1.
OPENING OF MEETING
The Joint sub-Committee met in Public Session at 10.08 a.m. in Committee Room 3, LH 2000, a
quorum being present. The following members were present:—
Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley, Michael P. Kitt, Mary
O’Rourke, and John Perry.
Senators: Alex White and Terry Leyden.
Apologies were received from Senator Paschal Donohoe.
2.
PRESENTATION BY IRISH MEPS
The Chairperson welcomed Ms. Mairead McGuinness, MEP, Ms. Nessa Childers MEP and Mr. Sean
Kelly MEP to the meeting of the Joint sub-Committee.
Apologies were received from Mr. Brian Crowley MEP, Mr. Gay Mitchell MEP, Mr. Jim Higgins
MEP, Mr. Pat the Cope Gallagher MEP, Mr. Liam Aylward MEP, Mr. Proinsias De Rossa MEP and
Ms. Marian Harkin MEP.
The Chairperson invited Mr. Sean Kelly MEP to make a presentation to the Joint sub-Committee.
Following Mr. Kelly’s presentation the Chairperson invited Ms. McGuinness to make a presentation
to the Joint sub-Committee.
Following Ms. McGuinness’s presentation the Chairperson invited Ms. Childers to make a
presentation to the Joint sub-Committee.
Following the presentation, debate ensued.
The Joint sub-Committee agreed to go into PRIVATE SESSION at 10.42 a.m.
The Joint sub-Committee resumed in PUBLIC SESSION at 10.45 a.m.
Debate resumed and concluded.
The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]
3.
ADJOURNMENT
The meeting was adjourned at 11.35 a.m. until Tuesday, 8th June.
_________________________
Ms. Lucinda Creighton, T.D.
Chairperson
16 June 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 16 JUNE 2010
1.
OPENING OF MEETING
The Joint sub-Committee met in Public Session at 9.57 a.m. in Committee Room 3, LH 2000, a
quorum being present. The following members were present:—
Deputies: Timmy Dooley (in the Chair), Joe Costello, Michael P. Kitt.
Senators: Mark Dearey (in substitution for Senator John Hanafin), Alex White and Terry Leyden.
Apologies were received from Deputy Lucinda Creighton.
The Joint sub-Committee agreed to go into Private Session at 9.57 a.m. for the remainder of the
meeting.
[PRIVATE SESSION]
2.
ADJOURNMENT
The meeting was adjourned at 11.21 a.m. until Wednesday, 23rd June.
_________________________
Ms. Lucinda Creighton, T.D.
Chairperson
23 June 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
EUROPEAN AFFAIRS
MINUTES OF MEETING OF 23 JUNE 2010
1.
OPENING OF MEETING
The Joint sub-Committee met in Public Session at 9.36 a.m. in Committee Room 3, LH 2000, a
quorum being present. The following members were present:—
Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley and Mary O’Rourke.
Senators: Paschal Donohoe and Alex White.
Apologies were received from Deputies John Perry and Michael Kitt and Senator Terry Leyden.
The Joint sub-Committee agreed to go into Private Session at 9.37 a.m. for the remainder of the
meeting.
[PRIVATE SESSION]
2.
ADJOURNMENT
The meeting was adjourned at 10.56 a.m. until Thursday, 1st July.
_________________________
Ms. Lucinda Creighton, T.D.
Chairperson
1 July 2010
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 9
Groups and Individuals attending Joint Sub-Committee meetings
In 2010 the Joint Sub-Committee met with the following organisations, groups and individuals:

Mr. Michael McDowell, Senior Council

Mr. Anthony M. Collins, Law Library

Mr. Brendan Halligan, Chairman, The Institute of International and European Affairs

Mr. Pat Cox, President of the European Movement International

Dr. Gavin Barrett, UCD School of Law

Mr. John Bruton, member of the IIEA, former European Union Ambassador to the United
States and former Taoiseach

Mr. Alan Dukes, former Director General of the IIEA and former politician

Mr. Micheál Martin, TD, Minister for Foreign Affairs

Mr. Peter Gunning, Assistant Secretary, Mr. Charles Sheehan and Mr. Stephen Ryan,
Department of Foreign Affairs

Mr. Sean Kelly MEP, Ms. Mairead McGuinness MEP, Ms. Nessa Childers MEP, Mr. Alan
Kelly MEP and Mr. Joe Higgins MEP
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 10
Proposals sent to sectoral Committees for detailed scrutiny
1.
Joint Committee on Agriculture, Fisheries & Food
COM(2010)023
Proposal for a Council Regulation amending Regulation (EU) No 23/2010 as regards the fishing opportunities for
certain fish stocks and following the conclusion of the bilateral fisheries arrangements for 2010 with Norway and
the Faroe Islands.
COM(2010)306
Proposal for a Council Regulation amending Regulation (EU) No. 53/2010 as regards certain fishing
opportunities for cod, redfish and bluefin tuna and excluding certain groups of vessels from the fishing effort
regime laid down in Chapter III of Regulation (EC) No 1342/2008
COM(2010)488
Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No
1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011.
2.
Joint Committee on Communications, Energy and Natural Resources
COM(2010)283
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No
663/2009 establishing a programme to aid economic recovery by granting Community financial assistance to
projects in the field of energy.
3.
Joint Committee on Justice, Equality, Defence and Women’s Rights
COM(2010)392
Proposal for a directive of the European Parliament and of the Council on the right to information in criminal
proceedings.
COM(2010)517
Proposal for a Directive of the European Parliament and of the Council on attacks against information systems
and repealing Council Framework Decision 2005/222/JHA
COM(2010)378*
Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of
third-country nationals in the framework of an intra-corporate transfer.
AND
COM(2010)379**
Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence
of third-country nationals for the purposes of seasonal employment.
* & **These two proposals were also sent to the Joint Committee on Enterprise, Trade and Innovation for
information.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
17513/09 COPEN 247 + COR 1 [Title V Justice Measure]
Initiative for a Directive of the European Parliament and of the Council on the European Protection Order.
5275/10 [Title V Justice Measure]
Council Decision on the conclusion of the Agreement between the European Union and the United States of
America on the processing and transfer of Financial Messaging Data from the European Union to the United
States for purposes of the Terrorist Finance Tracking Program.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
Appendix 11
European Commission Work Programme 2011
EUROPEAN COMMISSION
Brussels, 27.10.2010 COM(2010)
623 final
VOL. I
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE
COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE
COMMITTEE OF THE REGIONS
Commission Work Programme 2011
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
TABLE OF CONTENTS
1. Introduction.................................................................................................................. 3
2. Restoring growth for jobs: Accelerating towards 2020 ............................................... 4
2.1. Strengthening economic governance and initiating the European Semester ............... 4
2.2. Financial regulation: completing the reform................................................................ 4
2.3. Smart growth................................................................................................................ 5
2.4. Sustainable growth....................................................................................................... 5
2.5. Inclusive growth...........................................................................................................6
2.6. Tapping the potential of the Single Market for growth................................................ 6
3. Pursuing the citizens' agenda: freedom, security and justice....................................... 7
4. Europe in the World: Pulling our weight on the global stage...................................... 8
4.1. A comprehensive trade policy...................................................................................... 8
4.2. EU enlargement, neighbourhood,development policies and humanitarian aid............ 8
5. From input to impact: making the most of EU policies............................................... 9
5.1. A modern budget for Europe's future........................................................................... 9
5.2. Promoting smart regulation........................................................................................ 10
5.3. On-going work ........................................................................................................... 10
6. Conclusion.................................................................................................................. 11
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
1. INTRODUCTION
This Commission presents its 2011 Work Programme at a particularly challenging time for the EU. There
are clear signs of economic recovery after the worst crisis of recent decades – but that recovery is not yet
firmly established. For this reason, the new initiatives that the Commission will propose and initiate in
2011 have a strong focus on accelerating recovery. 2011 should be the year when the Europe 2020
strategy is embedded as the backbone of efforts at EU and national level to deliver smart, sustainable and
inclusive growth. It should see full agreement on the comprehensive new regulatory framework for the
financial sector, the launch of the first European semester of economic policy co-ordination and a series
of practical measures to leverage change. By the middle of 2011 the Commission will set out how to gear
the EU budget to the delivery of Europe 2020, in its proposals for the next Multi-annual Financial
Framework of the EU. This Work Programme is built on the five main political priorities for the EU set
out by President Barroso in the first State of the Union Address, delivered before the European
1
Parliament in September 2010 :
Dealing with the economic crisis and building the momentum of the recovery
Restoring growth for jobs by accelerating the Europe 2020 reform agenda
Building an area of freedom, justice and security
Launching negotiations for a modern EU budget
Pulling the EU's weight on the global stage
This Work Programme is the first to be adopted under the new programming cycle initiated by the
Political Guidelines of the Commission President and set out in the Framework Agreement between the
European Parliament and the Commission. The Work Programme can also help to inspire a new
approach to programming common EU priorities, as set out in the Treaty of Lisbon.
The Commission Work Programme by nature focuses on actions to be delivered in 2011. However,
within the new multiannual perspective of the programming cycle, the annual Commission Work
Programmes also provide a framework for assessing ongoing policies, and pointing to areas where policy
initiatives need to be developed to realise the long-term policy strategies needed to deliver the EU's
goals.
Given the urgent need to complete the EU's work on key proposals in areas including economic
governance and financial regulation, the Commission will explore with the European Parliament and
the Council how to give priority to the rapid adoption of a certain, limited number of particularly
urgent proposals.
1 See
State of the Union Address 2010 of 7 September 2010.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
2. RESTORING GROWTH FOR JOBS: ACCELERATING TOWARDS 2020
2.1. Strengthening economic governance and initiating the European Semester
The Commission has recently tabled a significant package of proposals to strengthen the tools of
2
economic governance and extend them to include the coordination of economic and fiscal policies . The
new proposals would deliver broader and enhanced surveillance of fiscal policies at EU level, as well as
a better coordination of macroeconomic policies to address shortcomings in the existing legislation,
including through upstream action on macro-financial imbalances. New enforcement mechanisms would
prevent or correct excesses that could damage Europe's fiscal or financial stability. To maintain the
momentum, the Commission calls upon co-EU legislators to advance quickly in their political
deliberations.
In the first half of 2011, the European Semester of policy coordination will become the central structure
for the EU's common efforts to boost growth and jobs. In January 2011, the Commission will adopt its
first Annual Growth Survey to launch the European Semester. The Annual Growth Survey will analyse
the economic situation of the Union, including potential imbalances and systemic risks. It will look in
particular at where the EU stands in relation to the five targets set in Europe 2020, so that we can start to
benchmark the EU's transformation into a smart, sustainable and inclusive society.
2.2. Financial regulation: completing the reform
A comprehensive timeline for delivery of proposals to complete the EU's financial reform was presented
3
in June 2010 . Early in 2011, the Commission will table the remaining proposals to complete the
financial sector reform.
Most of the proposals to address the flaws exposed by the crisis are already agreed or on the table, with
the recent agreements on the financial supervision package as a milestone. In the first half of 2011, the
Commission will follow up with a further series of improvements to bank capital rules (CRD IV) to
implement within the EU the outcome of international work in the Basel Committee on Banking
Standards, changes to the Market in Financial Instruments Directive (MiFID) and the Market Abuse
Directive to complete the move to more transparent and safer derivates markets, a proposal on Credit
Rating Agencies, as well as legislation establishing a framework for bank crisis management and
resolution to equip the relevant authorities with a consistent set of tools including resolution funds.
A particular focus will be the protection of small investors and ordinary consumers: initiatives will
include legislation on access to basic banking services, and action to promote responsible lending and
borrowing practice on mortgages.
These and other proposals will complete the Commission’s ambitious reform programme for the
financial sector. A joint goal of the European institutions should be to have the full reform agreed by
the end of 2011, thus putting in place an advanced system of financial regulation as one of the
foundation stones for healthy, job-creating growth. Meanwhile, the EU will continue its efforts to
promote a strong and coordinated global approach, notably through its
2 COM(2010) 522, COM(2010) 523, COM(2010) 524, COM(2010) 525, COM(2010) 526, COM(2010) 527, 29.9.2010.
3 COM(2010) 301, 2.6.2010.
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002
active participation in the G20. The Commission will pursue its work on a fair contribution of the
financial sector.
2.3. Smart growth
4
5
Through the Europe 2020 flagship initiatives on Innovation Union , Youth on the Move and the Digital
6
Agenda , the Commission has shown how the EU can act on many fronts to boost Europe's smart
growth potential. During 2011, the concrete proposals announced in the flagships will be rolled out and
implemented through complementary action at European and national level.
The expanding possibilities of the internet present new opportunities for audio-visual producers and
broadcasters but pose new challenges for the protection of intellectual property rights. Cross-border and
pan-European licensing in the audiovisual sector will stimulate creativity to the benefit of European
citizens.
European standards should play a stronger role as platforms for the global competitiveness of our
enterprises, especially for SMEs. The ICT sector is one of the areas with huge potential. A package of
proposals during 2011 will aim at creating a more integrated European Standardisation system.
The Commission will also set out ways in which the EU level can help to modernise higher education
and set out its vision for future action to foster knowledge and innovation.
2.4. Sustainable growth
As announced in Europe 2020, the Commission will set out its vision for “Resource efficiency" as a
flagship initiative in 2011. This will break new ground in terms of integrated policy making at EU
level. The aim will be to build progressively a framework based on resource efficiency to include the
shift to a low-carbon society and which sets sectoral policies including energy, transport and the
management of natural resources such as agriculture and fisheries within a long-term sustainable
framework. This work will take time to develop, but the first fruits will consist of an overall approach
setting out how energy, transport and the promotion of a low-carbon economy can today be put on the
road to transform the EU economy by 2050. These interconnected initiatives will define medium and
long-term scenarios, thus providing a solid basis for decision-making and more predictable conditions
for large-scale investment. This also needs to be backed up with a broad approach to how resource
efficiency can become mainstreamed into the way in which European society develops in the future.
A particular focus in 2011 will be on energy infrastructure and efficiency, which have immediate
environmental, economic and energy security benefits, including huge job-creating potential.
The White Paper on the future of transport policy will examine the completion of the European
transport area to provide an efficient, seamless infrastructure around a core network, building on
innovation to achieve low-carbon transport.
4 COM(2010) 546, 6.10.2010.
5 COM(2010) 477, 15.9.2010.
6 COM(2010) 245, 19.5.2010.
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Promoting the sustainable use of natural resources and releasing the innovative potential of sectors such
as agriculture and fisheries will be a central theme of the Commission's proposals for the revision of the
Common Agricultural Policy and the Common Fisheries Policy for the period of the new Multiannual
Financial Framework.
During 2011 the Commission will continue to work to combat climate change. While continuing to
drive forward international efforts to achieve an ambitious, global agreement, the Commission will also
work intensively with bilateral partners to share ideas and develop common projects in areas like clean
technologies, carbon trading and renewable energy. 2011 will also be a busy year in terms of the wider
environment agenda - the preparations for the Rio+20 Earth Summit in 2012 will be high on the agenda
and the Commission will be assessing the results of the Sixth Environment Action Programme and
reviewing the thematic strategies on waste prevention and recycling.
2.5. Inclusive growth
Before the end of 2010 the Commission will publish its fifth cohesion report and propose two more
Europe 2020 flagships – on "New Skills and Jobs" and "a Platform against Poverty". A number of
concrete measures designed to promote inclusive growth will be set out in 2011. In close cooperation
with social partners, the Commission will table a legislative proposal to improve the implementation of
the Posting of Workers Directive, and update the Working Time Directive to new realities. The
Commission will also work towards a quality framework, which takes full account of the specific
nature of services of general economic interest, with the updating of the State aid rules as an important
step. Securing inclusive growth also means addressing societal challenges such as the impact of
population ageing. The Commission will support Member States' action to deliver adequate and
sustainable pensions for citizens through concrete measures to be identified following the consultation
launched in 2010. Promoting an ambitious agenda for economic, social and territorial cohesion will be
a central theme for the revision of cohesion policy for the proposal of the new Multi-annual Financial
Framework.
2.6. Tapping the potential of the Single Market for growth
The Single Market's achievements need to be constantly deepened and updated to achieve its potential.
During the downturn the Union resisted the temptations of short-termism and isolation. But without a
well-functioning Single Market, there will be no long-term growth for jobs in Europe. Now is the
moment to push market integration to new levels, targeting the significant persistent gaps, as identified
7
by Professor Mario Monti in his recent report for the Commission .
Building on this work, the Commission has just proposed an important number of concrete
8
proposals to re-launch the single market ⎯ in a Single Market Act ⎯ and the Europe 2020 flagship
9
initiative on Industrial Policy . Both underline the need to gear society as a whole to deliver the
potential of the single market and to boost the framework conditions for Europe's economic
operators.
7 http://ec.europa.eu/bepa/pdf/monti_report_final_10_05_2010_en.pdf
8 COM(2010) 608, 27.10.2010.
9 COM(2010) 614, 27.10.2010.
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The Commission will continue to open up market access for our companies, in particular small and
medium sized enterprises. An important aspect will be the presentation in 2011 of proposals for the
modernisation of public procurement rules and the establishment of common rules concerning
concession contracts. Other concrete initiatives targeted at SMEs during 2011 will include a regulation
on the management of cross-border debt recovery.
The Commission will take a number of concrete steps including proposals for an Alternative Dispute
Resolution (ADR) mechanism to facilitate the resolution of consumer problems in the EU and continuing
the work on collective redress on the basis of the public consultation launched in 2010.
In the area of taxation, a proposal for a Common Consolidated Corporate Tax base (CCCTB) will aim to
open the possibility for companies to opt for a system to make tax rules simpler, to reduce compliance
costs and to help remove the tax obstacles that companies currently suffer, when they operate crossborder, without affecting actual tax rates. The Commission will also publish a Communication on a
future VAT strategy targeting the weaknesses of the current system by modernising and simplifying it, to
reduce the administrative burden of VAT on companies.
An Airports Package will aim to improve competition as well as consumers rights and environmental
performance in this important sector, by dealing with airport capacity, the handling of slots and groundhandling, leading to a more optimal use of the European airport network.
3. PURSUING THE CITIZENS' AGENDA: FREEDOM, SECURITY AND JUSTICE
EU citizenship should be a tangible reality for EU citizens. Citizens’ rights are firmly anchored in EU
law. However, gaps remain between the rules enshrined in the Treaty and the reality that citizens face in
their daily lives – as private individuals, consumers, students or as political actors.
10
The "Citizenship Report" just adopted by the Commission highlights a set of issues where action would
be warranted to give practical meaning to individual rights granted at EU level. These efforts go hand-inhand with measures taken in implementing the Action Plan for the Stockholm Programme (2010-2014)
11
with a view to delivering an area of freedom, security and justice , using to the full the enhanced legal
basis provided by the Treaty.
As part of its efforts at strengthening citizens' rights in 2011, the Commission will propose a legal
instrument on European Contract Law.
In the area of criminal law, the Commission will propose a Directive on the rights of victims of crime to
help ensure access to sufficient legal assistance, justice and protection for citizens across all Member
States. In order to enhance mutual trust between judicial authorities and citizens, the Commission will
also continue to make legislative proposals for introducing minimum standards for procedural in criminal
proceedings, notably in the field of legal assistance and legal aid.
10 COM(2010) 603, 27.10.2010.
11 COM(2010) 171, 20.4.2010.
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The Commission will also make legislative proposals for a Registered Travellers Programme and an
Entry/Exit System for third country nationals. The objective is to help keep the EU open to the
world, while countering illegal immigration and preventing organised crime. In an open Europe, we
must also prevent criminals from exploiting our economic system. Measures to be proposed next
year will include a framework on the confiscation and recovery of illicit assets and Communications
on a comprehensive policy against corruption and anti-fraud strategy.
Similarly, a revision of the civil protection legislation will enhance the EU's capacities in the field of
disaster response, preparedness and prevention. Finally, the Commission will continue its work with the
High Representative on a proposal to implement Art. 222 of the Treaty.
4. Europe in the World: Pulling our weight on the global stage
With the EU’s new structures for external policy in place, we now have an opportunity to promote a
comprehensive and cohesive policy on the external challenges we face today, demonstrating that the EU
is a strong and reliable partner with a clear set of objectives expressed with unity and cohesion. The
Commission will continue to support the new European External Action Service and help to develop a
new phase in our external policies. The EU has already focused on the need to have a clear vision for our
relations with strategic partners, as well as a strong and consistent position in international negotiations.
That means making the most of policies for which the Commission is responsible such as development,
trade, enlargement, humanitarian aid and the external aspects of internal policies, and coordinating them
with the work of the EEAS to deliver a strategic overview of the EU's bilateral relations.
4.1. A comprehensive trade policy
A successful trade policy is a key pillar of the Europe 2020 strategy. Building on the trade strategy to be
published in November 2010, the Commission will pursue ongoing negotiations with our trading
partners, including through driving forward the several major bilateral agreements planned for
conclusion in 2011 and keeping up the pressure for a breakthrough in WTO negotiations. In parallel, EU
will take other concrete steps to position European companies on the global market place. The
Commission will present in 2011 a legislative proposal for an EU instrument to improve access to public
procurement markets in developed and large emerging economies, building on the implementation of our
international commitments. The Commission will also propose measures to support European SMEs in
developing their activities outside the EU.
In our comprehensive approach, we will also address how our trade policy can best serve developing
countries in their integration into the global economy. The Commission will make a legislative proposal
for a new Regulation on the Generalised System of Preference aimed at maximizing its positive impact
on sustainable development and the countries most in need.
4.2. EU enlargement, neighbourhood, development policies and humanitarian aid
In 2011, the EU will continue to steer the enlargement process. Progress in negotiations, including
any new negotiations which may be opened following the presentation of the Opinions on
membership later in 2010, will be linked to continued progress made by candidate countries, with a
special emphasis on respect for the rule of law. The European Neighbourhood Policy has shown,
over the last five years, the EU's ability to project its values and principles and to contribute to
political stability and economic development in its neighbourhood – a strategic priority for the EU.
The Commission will continue to help to deepen the EU's special relationship with these neighbours,
including by carrying out a review of the EU's neighbourhood policy leading to proposals in 2011
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for its further development in its bilateral and multilateral (Eastern Partnership, Union for the
Mediterranean) dimensions.
The effective delivery of development assistance is a key objective for the EU as the world's largest
development donor. A partnership approach is the best way to ensure the maximum overall EU
contribution to the Millennium Development Goals, and a new generation of programmes to support
development needs to be designed with this in mind. Particular attention will be given to the follow-up of
the Green Paper on the future of the EU development policy which will be presented in late 2010 which
will assess the Union's development instruments to focus activity, where it can make a real difference for
those in need.
Helping those affected by humanitarian catastrophes also remains a central building block of the EU’s
world wide engagement. The basis for these life-saving efforts will be strengthened through a proposal
for a Revision of Council Regulation concerning humanitarian aid.
5. FROM INPUT TO IMPACT: MAKING THE MOST OF EU POLICIES
The magnitude and pace of world changes require the EU to act swiftly, responsibly and decisively. 2011
will see the fruit of a major reflection on how the EU can modernise its policy and financial instruments
and find ways of working which maximise the added value of EU action.
5.1. A modern budget for Europe's future
12
The "Budget Review" presented last week sets out the Commission's ideas on the purpose, architecture
and delivery of a new EU budget post-2013. Europe as a whole is experiencing a period of austerity in
public finances. The EU budget must be targeted to policies and areas where it can make a real
difference, supporting medium and long term investment, and bring real added value in support of the
Union's policy objectives – most obviously the EU budget should be one of the key tools to deliver
Europe 2020. It must also be delivered in ways which maximise its impact. In June 2011, the
Commission will present its formal proposals for the next Multiannual Financial Framework (MFF),
covering both expenditure and the financing of the budget. On the spending side, the proposal will set out
how and where the Commission believes it can use the budget to deliver EU policies most effectively.
On the financing side, the Commission will make a proposal for a new own resources decision. These
proposals will be the fruit of a detailed analysis of how EU spending can deliver the greatest added value,
how it can act as a powerful tool for delivery of common EU objectives; and of a fresh look at the way
that budget is funded.
In the coming months the Commission will issue a number of Communications and reports on key policy
areas, in particular the reform of the common agricultural policy, of the common fisheries and the future
of cohesion policy, which will also serve as the policy basis for the budgetary proposals of the MFF. The
Commission will present detailed legal proposals for the specific financial instruments and programmes
that should implement the new MFF. These will be presented in a number of packages from the summer
to the end of 2011.
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12
COM(2010) 700, 19.10.2010.
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5.2. Promoting smart regulation
The Commission's better regulation agenda has led to significant improvements in policy-making at EU
and national level. The design of new legislation builds on views from stakeholders and evidence
gathered through wide consultations and subjected to an impact assessment process that has been
externally assessed as effectively raising the quality of proposals. In parallel, the Commission has carried
out a thorough simplification of existing legislation and has made significant progress in reducing
administrative burdens and assisting Member States in the transposition of EU law.
13
Building on this experience, the Commission is ready to move to a new phase of smart regulation . The
whole policy cycle should be seen as a whole: from the design, through the application stage and until
legislation is evaluated and revised. Starting with this Work Programme, in principle a positive opinion
from the Impact Assessment Board will be needed before a proposal can be put forward for Commission
decision.
The Commission will continue to work with the European Parliament, the Council and the Member
States to ensure that the agenda is actively pursued by all, in both the EU legislative and implementation
stages.
Finally, the voice of citizens and stakeholders most affected by legislation will be further strengthened by
prolonging the consultation period from 8 to 12 weeks from 2012 onwards, by carrying out a review of
the Commission's consultation policy in 2011 and by increasing predictability on the Commission's
planned proposals and ex-post evaluation work to allow stakeholders to prepare their engagement at a
much earlier stage.
These three pillars of smart regulation should deliver on its overall objective: having relevant, effective
and quality EU legislation fulfilling its intended objectives and benefiting citizens and businesses.
5.3. On-going work
New actions with a focus on political priorities are only one aspect of the Commission's work.
Throughout the year, the Commission remains responsible for implementing and overseeing agreed
policies, reporting and taking stock of existing strategies and action plans, participating in international
negotiations, contributing to conferences and major policy events. The Commission manages a wide
range of financial programmes and operational tasks. In its responsibilities for the implementation of he
EU's operational budget, the Commission seeks to ensure the best use of limited resources to secure the
EU's objectives, obtain the best value for money while respecting principles of sound financial
management. Much of this ongoing work results in the adoption of reports and documents which do not
feature in the Annex to this document – although the work of implementation and monitoring absorbs an
important share of the Commission's human and financial resources, this Work programme focuses on
areas where the Commission is exercising political choice rather than discharging its responsibilities as
an executive.
13 COM(2010) 543, 7.10.2010.
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In recent years the Commission has been devoting more attention and resources to the implementation of
14
EU law. The recently launched EU pilot experience is beginning to show results and considerable effort
is being invested in speeding up the handling of infringement cases. More systematic analysis of the
reasons for late and incorrect transposition of EU law is being done to feed into the ongoing
simplification programme and is also being used in the revision of existing legislation. All of this work
will contribute to giving the EU a modernised, up to date legal base which is "fit for purpose" and able to
deliver on the EU's promises to its citizens.
6. CONCLUSION
This Work Programme sets out the key new initiatives the Commission commits to deliver in
201115 and the initiatives on which it will work in 2011 and the years to come16, including
simplification proposals and withdrawals17. This forward planning seeks to provide all stakeholders
with predictability and transparency for their work, while maintaining openness and flexibility to
adapt to changing circumstances. The Commission will of course at the same time continue to work
on other issues that require urgent action, or on long term preparation for the future. The
Commission will now work closely with the European Parliament and the Council, as well as
stakeholders, including national parliaments, to ensure that the initiatives it will promote in the
coming year will rest on a sound consensus about how the EU's should meet the expectations of its
citizens for an ambitious and effective Europe.
14 COM(2007) 502 - Launched in April 2008.
15 See Annex I.
16 See Annex II.
17 See Annexes III and IV.