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									         _______________________________
                       Tithe an Oireachtais

          An Comhchoiste um Ghrinnscrúdú Eorpach

  Tuarascáil maidir le Doiciméid a breithníodh ag an 73ú Cruinniú
                        an 2 December 2010



                 _______________________________

                     Houses of the Oireachtas

             Joint Committee on European Scrutiny

Report on Documents considered at 73rd Meeting on 2 December 2010
                                                                                Report of the 73rd Meeting
                                            Notes for Information
Role of the Committee
In recognition of the growing importance of EU legislation, the Joint Committee on European Scrutiny
was set up in October 2007 as a full Joint Committee of the Oireachtas. The Joint Committee’s Orders
of Reference are included at Appendix A for reference.

The Joint Committee on European Scrutiny is an all-party committee with the usual powers given to
Oireachtas Committees. These include seeking the submission of written evidence, examining
witnesses at meetings in public session, and obtaining specialist advice. In addition, the Joint
Committee has the unique power to ask sectoral committees for their opinion on an EU proposal. The
main functions of the Joint Committee are to:

            1. consider every new EU legislative measure (approx 600 per annum)
            2. decide what level of scrutiny is warranted on each individual measure
            3. examine any specific measures which it feels require detailed examination.

Membership 1
Deputies Michael Creed, Lucinda Creighton, Timmy Dooley, Noel Grealish, Brendan Howlin, Michael
Kitt, Michael Mulcahy, Noel O Flynn, Aengus O Snodaigh, Tom Sheahan (Chairman).
Senators Paddy Burke, Terry Leyden, Paschal Mooney, Eugene Regan, Alex White.

The Scrutiny Process
The Government must forward an Information Note to the Joint Committee as soon as practicable after
the publication of each proposed EU legislative measure 2. The Note outlines the purpose, significance
and implications of the new measure.

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 individual measures. 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.

In practice, there are eight categories used by the Joint Committee in deciding how individual measures
should be dealt with.
          1. Adopted measures
          2. No further scrutiny
          3. No further scrutiny by this Committee but sent to sectoral committees for information
          4. CFSP measures
          5. Early Warning Notes
          6. For further scrutiny by this Committee
          7. Forwarded to sectoral committees for observations
          8. Forwarded to sectoral committees for detailed scrutiny by them.

Each of these eight categories is described in more detail at the start of each section following in the
report.

Meeting Reports
The purpose of these reports is to set out the decisions made by the Joint Committee at each of its
meetings. These Reports will also give details of any evidence taken by the Joint Committee in public
session on individual measures. It will also confirm if any scrutiny reports were agreed at each
meeting.




1
    See List of Members at Appendix A
2
    This is provided for in section 2(1) of the European Union (Scrutiny) Act 2002




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                                                           Report of the 73rd Meeting
             Report of the 73rd Meeting of 2 December 2010

             Decisions of the Joint Committee on European Scrutiny


At its meeting of 2 December 2010 the Committee scrutinised 34 new draft European
Union legislative proposals.

In summary, the Committee made the following decisions:



      For no further scrutiny: 20 proposals do not warrant further scrutiny by the
       Committee at this stage and have been noted.

      For no further scrutiny - send to sectoral Committee for information: 1
       proposal did not require scrutiny at this stage but was sent to various sectoral
       Committees for information.

      CFSP Measures: 3 CFSP measures were noted

      Early Warning Notes: 10 Early Warning Notes do not warrant further
       scrutiny and were noted by the Committee.




Further details about the work of the Committee, including reports published, can be
accessed through the Oireachtas website (www.oir.ie).

This report is agreed by the Committee for laying in both Houses and for publication.




Tom Sheahan TD
Chairman
16 December 2010




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                                                                     Report of the 73rd Meeting

    Section                                         Contents                                            Pages
1.            For no further scrutiny
1.1           European Globalisation Adjustment Fund COM(2010)446                                          6
1.2           European Globalisation Adjustment Fund COM(2010)531                                          6
1.3           Permissible sound level and the exhaust system of motor vehicles COM(2010)508                7
1.4           European Globalisation Adjustment Fund COM(2010)532                                          8
1.5           European Globalisation Adjustment Fund COM(2010)568                                          8
1.6           European Globalisation Adjustment Fund COM(2010)613                                          9
1.7           European Globalisation Adjustment Fund COM(2010)615                                         10
1.8           Approval and market surveillance of two- or three-wheel vehicles and quadricycles           11
              COM(2010)542
1.9           Textile products COM(2010)544                                                               12
1.10          Emergency trade assistance for Pakistan COM(2010)552                                        13
1.11          European Development Fund COM(2010)556                                                      14
1.12          Fishing agreement with the Comoros COM(2010)563                                             14
1.13          Fisheries Partnership Agreement COM(2010)565                                                15
1.14          Fisheries Partnership Agreement COM(2010)572                                                15
1.15          Fishing agreement with Micronesia COM(2010)574                                              16
1.16          Roll-over protection structures on narrow-track wheeled agricultural and forestry           16
              tractors COM(2010)610
1.17          Imposition of anti-dumping duty COM(2010)637                                                17
1.18          Extending provisions of the Partnership and Cooperation Agreement to bilateral trade in     17
              textiles COM(2010)664
1.19          Anti-dumping duty COM(2010)669                                                              18
1.20          Anti-dumping duty COM(2010)671                                                              18
2.            For no further Scrutiny – sent to sectoral Committee for information
2.1           Proposed Council Decision on subjecting the "Legal High" mephedrone to controlling          19
              measures COM(2010)583
3.            CFSP Measures
3.1           Measure to combat illicit trade in small and light weapons CFSP(2010)EU SALW                21
3.2           Joint Action on a European Union military operation COM(2010)Operation Atalanta             21
3.3           Council Decision repealing Common Position of 1998 on Sierra Leone                          21
              COM(2010)Sierra Leone

4             Early Warning Notes
4.1           Review of anti-dumping duty EWN C 290-07                                                    23
4.2           Anti dumping measures EWN L 298-10                                                          23
4.3           Anti dumping measures EWN L 298-27                                                          23
4.4           Anti dumping measures EWN L 299-7                                                           23
4.5           Anti dumping measures EWN(2010) C 270-05                                                    24
4.6           Anti dumping measures EWN(2010) C 272-06                                                    24
4.7           Review of anti-dumping duty EWN(2010) C 294-05                                              24
4.8           Review of anti-dumping duty EWN(2010) C 299-04                                              24
4.9           Commission expiry review of the anti-dumping measures applicable to imports of steel        24
              ropes and cables originating in China, South Africa and Ukraine EWN(2010) C 309-06
4.10          Circumvention of countervailing measures on imports of biodiesel originating in the         25
              USA EWN(2010) L 211-06

5.            Evidence taken in public session



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                                             Report of the 73rd Meeting
Consideration of COM(2008)614 - Proposal for a Directive of the European   26
Parliament and of the Council on Consumer Rights.
Appendix A
Membership of the Committee                                                27
Appendix B

Orders of Reference of the Committee                                       28




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                                                                        Report of the 73rd Meeting
                      Section 1 - For no further scrutiny – noted
[This category includes proposals that do not require further scrutiny by this Committee and they are
being noted. It is still open to sectoral committees to decide to carry out their own scrutiny of these
proposals]

1.1      European Globalisation Adjustment Fund
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).

Reference Number           COM(2010)446
Lead department            Education and Skills
Other Department           Finance
Legislative Basis          Regulation (EC) No 1927/2006 Article 12(5), QMV, Co-decision

Lead Department Summary
Details of the current Proposal for a Decision of the European Parliament are contained in
Commission document COM(2010) 446 final.

A co-ordinated package of personalised services including vocational guidance,
education/training programmes, employment incentives and business start up incentives has
been proposed for which the requested EGF contribution is €1,809,434.

AND

1.2      European Globalisation Adjustment Fund
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)

Reference Number           COM(2010)531
Lead department            Education and Skills
Other Department           Finance
Legislative Basis          Regulation (EC) No 1927/2006 Article 12(5), QMV, Co-decision

Lead Department Summary
The European Union established in December 2006 a European Globalisation Adjustment
Fund (EGF) to provide assistance to workers made redundant as a result of major structural
changes in world trade patterns.
In accordance with Article 28 of the Inter-institutional Agreement of 17 May 2006 funds can
be drawn down from the EGF up to a maximum total annual amount of €500 million. These
funds can be drawn from any margin existing under the EU institutions’ global expenditure
ceiling of the previous year, and/or from cancelled commitment appropriations from the
previous two years, excluding those related to heading 1B of the financial framework. No
specific financial provision for the Fund was made in the 2007-2013 Financial Perspectives.
The current Proposal for a Decision of the European Parliament and Council refers to an
application from Netherlands
The Netherlands submitted this application under the intervention criteria of Article 2(b) of
Regulation (EC) No 1927/2006, which requires at least 500 redundancies over a nine-month

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                                                                 Report of the 73rd Meeting
period in enterprises operating in the same NACE Revision 2 Division in one region or two
contiguous regions at Nuts 11 level in a Member State

The application cites 720 redundancies in 79 enterprises operating in the same NACE
Revision 2 Division during the nine-month reference period from 1 April 2009 to 29
December 2009 all located in the contiguous NUTS 11 regions Noord Holland (NL 32) and
Utrecht (NL31). Sixty-two redundancies were calculated in accordance with the first indent
and 658 redundancies in accordance with the second indent of the second paragraph of Article
2 of Regulation (EC) No 1927/2006.

The application submitted by Netherlands was accepted as evidence has been provided that
these redundancies result from the global economic and financial crisis. As a result of cost
pressures notably from Asia, demand for the companies products had lessened, production
had consequently declined, leading to the redundancies.

A co-ordinated package of personalised services consisting of vocational guidance, education
and training programmes, employment incentives and business start up incentives has been
proposed for which the requested EGF contribution is €2,266,625.

Decision      Based on the information available, it was agreed that these proposals do
              not warrant further scrutiny.


1.3     Permissible sound level and the exhaust system of motor vehicles
Proposal for a Directive of the European Parliament and of the Council on the permissible
sound level and the exhaust system of motor vehicles

Reference Number        COM(2010)508
Lead department         Department of Transport
Legislative Basis       Article 114 of the Treaty on the Functioning of the European Union,
                        Codecision procedure, Written procedure
Decision                Based on the information available, it was agreed that this
                        proposal does not warrant further scrutiny.

Lead Department Summary
The European Commission attaches great importance to simplifying and clarifying
Community law so as to make it clearer and more accessible to the ordinary citizen. As part
of this, current practice requires that all legislative acts are codified after no more than ten
amendments, and this is a minimum requirement to ensure that the Community rules are clear
and readily understandable. The purpose of this proposal is to undertake a codification of
Council Directive 70/157/EEC of 6th February 1970 on the approximation of the laws of the
Member States relating to the permissible sound level and the exhaust system of motor
vehicles. The new Directive will supersede the various acts incorporated in it; this proposal
fully preserves the content of the acts being codified and hence does no more than bring them
together with only such formal amendments as are required by the codification exercise itself.

Directive 70/157/EEC is one of the separate directives provided for in Directive 2007/46/EC
establishing a framework for the approval of motor vehicles and their trailers, and of systems,
components and separate technical units intended for such vehicles (Framework Directive)
and lays down technical prescriptions concerning the permissible sound level and the exhaust
system of motor vehicles.




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                                                               Report of the 73rd Meeting
1.4     European Globalisation Adjustment Fund
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)

Reference Number        COM(2010)532
Lead department         Education and Skills
Other Department        Finance
Legislative Basis       Regulation (EC) No 1927/2006 Article 12(5), QMV, Co-decision

Lead Department Summary
The European Union established in December 2006 a European Globalisation Adjustment
Fund (EGF) to provide assistance to workers made redundant as a result of major structural
changes in world trade patterns.

In accordance with Article 28 of the Inter-institutional Agreement of 17 May 2006 funds can
be drawn down from the EGF up to a maximum total annual amount of €500 million. These
funds can be drawn from any margin existing under the EU institutions’ global expenditure
ceiling of the previous year, and/or from cancelled commitment appropriations from the
previous two years, excluding those related to heading 1B of the financial framework. No
specific financial provision for the Fund was made in the 2007-2013 Financial Perspectives.
The current Proposal for a Decision of the European Parliament and Council refers to an
application from the Netherlands.

The Netherlands submitted this application under the intervention criteria of Article 2(b) of
Regulation (EC) No 1927/2006, which requires at least 500 redundancies over a nine-month
period in enterprises operating in the same NACE Revision 2 Division in one region or two
Nuts 11 contiguous regions in an EU Member State

The application cites 598 redundancies in 8 enterprises operating in the same NACE Revision
2 Division (58 publishing activities) during the nine-month reference period from 1 April
2009 to 29 December 2009, all located in the NUTS 11 regions, Noord Holland and Zuid
Holland.

The application submitted by the Netherlands was accepted as evidence has been provided
that these redundancies result from the global economic and financial crisis. As a result of
reduction in demand from other economic sectors for printed advertising material, magazines,
newspaper and other print media, production had consequently declined, leading to the
redundancies.

A co-ordinated package of personalised services consisting of vocational guidance, education
and training programmes, employment incentives and business start up incentives has been
proposed for which the requested EGF contribution is €2,326,459.

AND
1.5     European Globalisation Adjustment Fund
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)

Reference Number        COM(2010)568


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                                                              Report of the 73rd Meeting
Lead department        Education and Skills
Other Department       Finance
Legislative Basis      Regulation (EC) No 1927/2006 Article 12(5), QMV, Co-decision

Lead Department Summary
The European Union established in December 2006 a European Globalisation
Adjustment Fund (EGF) to provide assistance to workers made redundant as a result
of major structural changes in world trade patterns.
In accordance with Article 28 of the Inter-institutional Agreement of 17 May 2006
funds can be drawn down from the EGF up to a maximum total annual amount of
€500 million. These funds can be drawn from any margin existing under the EU
institutions’ global expenditure ceiling of the previous year, and/or from cancelled
commitment appropriations from the previous two years, excluding those related to
heading 1B of the financial framework. No specific financial provision for the Fund
was made in the 2007-2013 Financial Perspectives.
The current Proposal for a Decision of the European Parliament and Council refers to
an application from Germany
Germany submitted this application under the intervention criteria of Article 2(a) of
Regulation (EC) No 1927/2006, which requires at least 500 redundancies over a four-
month period in a principal enterprise plus redundancies at ancillary companies.

The application cites 1,212 redundancies in a single enterprise Heidelberger
Druckmaschinen AG during the reference period from 26 January 2010 to 26 May
2010.

The application submitted by Germany was accepted as evidence has been provided
that these redundancies result from the global economic and financial crisis. As a
result of cost pressures notably from Asia, demand for the companies products had
lessened, production had consequently declined, leading to the redundancies.

A co-ordinated package of personalised services consisting of job-search allowances,
vocational guidance, training programmes, employment incentives and business start
up supports has been proposed for which the requested EGF contribution is
€8,308,555.

AND

1.6    European Globalisation Adjustment Fund
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)

Reference Number       COM(2010)613
Lead department        Education and Skills
Other Department       Finance
Legislative Basis      Regulation (EC) No 1927/2006 Article 12(5), QMV, Co-decision

Lead Department Summary


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                                                              Report of the 73rd Meeting
The European Union established in December 2006 a European Globalisation
Adjustment Fund (EGF) to provide assistance to workers made redundant as a result
of major structural changes in world trade patterns.
In accordance with Article 28 of the Inter-institutional Agreement of 17 May 2006
funds can be drawn down from the EGF up to a maximum total annual amount of
€500 million. These funds can be drawn from any margin existing under the EU
institutions’ global expenditure ceiling of the previous year, and/or from cancelled
commitment appropriations from the previous two years, excluding those related to
heading 1B of the financial framework. No specific financial provision for the Fund
was made in the 2007-2013 Financial Perspectives.
The current Proposal for a Decision of the European Parliament and Council refers to
an application from Spain
Spain submitted this application under the intervention criteria of Article 2(b) of
Regulation (EC) No 1927/2006, which requires at least 500 redundancies over a 9-
month period in enterprises operating in the same NACE Revision 2 Division in one
region or two contiguous regions at Nuts 11 level in a Member State

The application cites 544 redundancies in the NACE 2 Manufacture of Textiles sector
during the reference period from 13 April 2009 to 12 January 2010.

The application submitted by Spain was accepted as evidence has been provided that
these redundancies result from the global economic and financial crisis. As a result of
cost pressures notably from Asia, demand for the companies products had lessened,
production had consequently declined, leading to the redundancies.

A co-ordinated package of personalised services consisting of job-search assistance,
vocational guidance & training, care worker training   programmes,     employment
incentives and business start up supports has been proposed for which the requested
EGF contribution is €2,059,466.

AND

1.7    European Globalisation Adjustment Fund
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)

Reference Number       COM(2010)615
Lead department        Education and Skills
Other Department       Finance
Legislative Basis      Regulation (EC) No 1927/2006 Article 12(5), QMV, Co-decision

Lead Department Summary
The European Union established in December 2006 a European Globalisation
Adjustment Fund (EGF) to provide assistance to workers made redundant as a result
of major structural changes in world trade patterns.
In accordance with Article 28 of the Inter-institutional Agreement of 17 May 2006
funds can be drawn down from the EGF up to a maximum total annual amount of

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                                                             Report of the 73rd Meeting
€500 million. These funds can be drawn from any margin existing under the EU
institutions’ global expenditure ceiling of the previous year, and/or from cancelled
commitment appropriations from the previous two years, excluding those related to
heading 1B of the financial framework. No specific financial provision for the Fund
was made in the 2007-2013 Financial Perspectives.
The current Proposal for a Decision of the European Parliament and Council refers to
an application from Spain.
Spain submitted this application under the intervention criteria of Article 2(b) of
Regulation (EC) No 1927/2006, which requires at least 500 redundancies over a nine-
month period in enterprises operating in the same NACE Revision 2 Division in one
region (or two contiguous Nuts 11 regions) in a Member State

The application cites 1,154 redundancies in the NACE 47 Retail trade sector during
the reference period from 1 June 2009 to 28 February 2010.

The application submitted by Spain was accepted as evidence has been provided that
these redundancies result from the global economic and financial crisis. As a result of
cost pressures notably from Asia, demand for the companies products had lessened,
production had consequently declined, leading to the redundancies.

A co-ordinated package of personalised services consisting of job-search assistance,
vocational guidance, training programmes, employment incentives and business start
up supports has been proposed for which the requested EGF contribution is
€1,560,000.

Decision       Based on the information available, it was agreed that these
               proposals do not warrant further scrutiny.


1.8    Approval and market surveillance of two- or three-wheel vehicles and
       quadricycles
Proposal for a European Parliament and Council Regulation Regulation (EU) No .../2010 of
the European Parliament and of the Council on the approval and market surveillance of two-
or three-wheel vehicles and quadricycles

Reference Number       COM(2010)542
Lead department        Transport
Legislative Basis      Article 114 of the Treaty on the Functioning of the European
                       Union (TFEU). Co-decision procedure. Decision mode: Written
                       procedure
Decision               Based on the information available, it was agreed that this
                       proposal does not warrant further scrutiny.

Lead Department Summary
The commission proposes to address concerns that it has identified with the regulation
for approval and market surveillance of L category (two and three wheel motor
vehicles and quadricycles). The proposal includes reducing the complexity of the
current legal framework for the type-approval requirements of new L vehicles which
are currently set out in Framework Directive 2004/24/EC and associated, separate EU
acts of legislation that contain the detailed technical requirements. In addition the
proposal also contains enhanced safety requirements, emission reductions, improved


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                                                             Report of the 73rd Meeting
market surveillance and adaptation of new technologies. The aims of the proposal are
as follows;

1. Legislative Simplification
   The proposal will radically simplify the current legislative set of 15 Directives by
   replacing them with just 5 Regulations.

2. Increase safety
   In 2008, in the EU, 5,520 motor cycle riders died in road accidents. In fact the
   amount of fatalities remained more or less constant whereas the fatality numbers
   for other means of transport gradually came down. The proposed Regulation
   should lead to a number of new functional safety requirements, namely mandatory
   anti-lock braking systems fitted to medium and high performance motorcycles. In
   addition all L category vehicles shall be equipped with an automatic headlamp-on
   feature in order to increase rider and vehicle conspicuity and make them more
   visible to other road users.

3. Emission Reduction
   Certain toxic emissions from road transport are decreasing, but the share of the L
   category vehicle fleet contributing to these emissions is significantly increasing.
   Three emission steps are proposed for the coming decade. The Commission
   proposes among others a Euro 3, a Euro 4 and a Euro 5 step to be complied with
   in 2014, 2017 and 2020 respectively.

4. Increase Market Surveillance
   By introducing enhanced market surveillance requirements, the placing of illegal
   products on the market will be tackled more rigorously while ensuring fair
   competition among L category vehicle manufacturers, in a sector where presence
   of non-compliant products may cause significant safety risks and environmental
   harm.

5. Adaptation to new Technologies
   The current legislative framework will be extended to plug-in hybrids or full
   electric vehicles, whereas these propulsion types are already mass-produced for a
   number of years in the L category vehicle section.

1.9    Textile products
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

Reference Number       COM(2010)544
Lead department        Enterprise Trade and Innovation
Other Department       Foreign Affairs and Revenue Commissioners (Customs)
Legislative Basis      Article 207(2) of the Treaty on the Functioning of the European
                       Union, QMV, Co-decision
Decision               Based on the information available, it was agreed that this
                       proposal does not warrant further scrutiny.



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Lead Department Summary
The EU adopted Council Regulation (EC) No. 1541/98 on 13 July 1998. The
Regulation provides for the rules on proofs of origin for certain textile products
originating in third countries with which the EU has concluded bilateral agreements,
protocols and other arrangements, and for textile products where a surveillance
system is in place in order to monitor the trends of imports and apply special
safeguard measures.

Since the adoption of the Regulation in 1998 the import measures applied to textile
products of Section XI of the Combined Nomenclature have gradually decreased in
their number and have little impact in terms of both Combined Nomenclature
headings covered and countries concerned.

The importance for the provision of additional proof of origin for the certain textile
products covered by this Regulation has decreased in relation to its aim of
supplementing certain import measures. As the products covered by these import
measures can now be imported without any constraints, the additional administrative
requirements provided for in the 1998 Regulation are no longer required.

This proposal repeals Council Regulation (EC) No 1541/98.

1.10    Emergency trade assistance for Pakistan
Proposal for a Regulation of the European Parliament and of the Council introducing
emergency autonomous trade preferences for Pakistan

Reference Number      COM(2010)552
Lead department       Enterprise, Trade and Innovation
Other Department      Foreign Affairs, Agriculture Fisheries and Food, Revenue
                      Commissioners (Customs Branch)
Legislative Basis     Article 207 par 2 of the Treaty on the Functioning of the European
                      Union, QMV, Co-decision
Decision              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.

Lead Department Summary
Arising from the recent devastating floods in Pakistan and in an effort to provide a
trade policy solution to assist Pakistan’s economic recovery, the European Council at
its meeting of 16 September 2010, requested the Commission to bring forward a
proposal in October, to suspend for a limited time, duties on a number of products
imported from Pakistan.

The proposal, which forms the trade element of a comprehensive package of short,
medium and long-term measures to assist Pakistan, provides for the unilateral
suspension of import duties on 75 dutiable lines of key importance to Pakistan
(mainly textiles) for a limited period of 3 years. A tariff rate quota of 100,000 tonnes
has been included for one product line i.e. ethanol.

As the EU decision to grant autonomous preferences to Pakistan would breach WTO
rules contained in the General Agreement on Tariffs and Trade (GATT), the
Commission will seek a WTO waiver granting the EU an exemption from GATT

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                                                                Report of the 73rd Meeting
Articles I and XIII obligations. This will ensure that the proposal will conform to
WTO rules.

1.11    European Development Fund
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.

Reference Number        COM(2010)556
Lead department         Foreign Affairs
Legislative Basis       The Internal Agreement between Representatives of the
                        Governments of the Member States, meeting within the
                        Council, on the Financing and Administration of Community
                        Aid under the Financial Protocol to the Partnership Agreement
                        between the African, Caribbean and Pacific States and the
                        European Community and its Member States signed in
                        Cotonou (Benin) on 23 June 2000 and the allocation of
                        financial assistance for the Overseas Countries and Territories
                        to which Part Four of the EC Treaty applies, and in particular
                        Article 10(1) thereof.

                        The Internal Agreement between the Representatives of the
                        Governments of the Member States, meeting within the
                        Council, on the financing of Community aid under the
                        multiannual financial framework for the period 2008 to 2013 in
                        accordance with the ACP-EC Partnership Agreement and on
                        the allocation of financial assistance for the Overseas Countries
                        and Territories to which Part Four of the EC Treaty applies, and
                        in particular Article 7 thereof.

                        The Financial Regulation of 18 February 2008 applicable to the
                        10th European Development Fund, and in particular Articles 57
                        and 58(2) thereof. QMV
Decision                Based on the information available, it was agreed to note
                        this adopted measure.

Lead Department Summary
The Internal Agreement and Financial Regulation of the 10th EDF provide for a new
procedure for the calls for contributions to be paid by Member States to finance the
EDF. According to Article 157 of the Financial Regulation, this new procedure
applied for the first time for the contributions of 2009. In accordance with Article
57(2) of the Financial Regulation, this proposal covers:
-      the ceiling for the annual amount of the contribution for 2012;
-      the annual amount of the contribution for 2011; and
-      the amount of the first instalment of the contribution for 2011.


1.12    Fishing agreement with the Comoros
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

Reference Number        COM(2010)563

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                                                                Report of the 73rd Meeting
Lead department         Agriculture, Fisheries and Food
Legislative Basis       The Treaty on the Functioning of the European Union and in
                        particular Article 43(3), QMV
Decision                In light of the information provided by the Department, it
                        was agreed that this measure does not require further
                        scrutiny by the Committee.

Lead Department Summary
This proposal seeks to allocate fishing opportunities in the Union of the Comoros fishing zone
among the Member States on foot of the renewed Fisheries Partnership Agreement between
the European Union and Comoros. The fishing opportunities available on foot of the renewed
agreement have been allocated to 34 Spanish vessels, 30 French vessels, 5 Portuguese vessels
and 1 Italian vessel.


1.13    Fisheries Partnership Agreement
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

Reference Number        COM(2010)565
Lead department         Agriculture, Fisheries and Food
Legislative Basis       The Treaty on the Functioning of the European Union and in
                        particular Article 43 in conjunction with Article 218 (6)(a) thereof,
                        QMV, Consent
Decision                Based on the information available, it was agreed that this
                        proposal does not warrant further scrutiny.

Lead Department Summary
This proposal seeks to renew the current Fisheries Partnership Agreement with the Union of
the Comoros. The provisional application of this agreement is provided for until 31
December 2010 and its continuation is provided for under COM(2010)564. The Comoros
fishing zone is in the Indian Ocean, between Mozambique and Madagascar. The agreement
provides Community fishermen with fishing opportunities in the zone for a total of 70 vessels.
The new agreement is for a three year period with an annual financial contribution of
€615,250 to be paid by the EU.


1.14    Fisheries Partnership Agreement
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

Reference Number        COM(2010)572
Lead department         Agriculture, Fisheries and Food
Legislative Basis       The Treaty on the Functioning of the European Union and in
                        particular Article 43 in conjunction with Article 218 (6)(a) thereof,
                        QMV, Consent
Decision                Based on the information available, it was agreed that this
                        proposal does not warrant further scrutiny.

Lead Department Summary
This proposal seeks to renew the previous Fisheries Partnership Agreement with the
Federated States of Micronesia (FSM) which expired on 25 February 2010. The FSM fishing
zone is in the Western Pacific Ocean, to the north-east of New Guinea. The agreement


                                             15
                                                                Report of the 73rd Meeting
provides Community fishermen with tuna fishing opportunities in the FSM fishing zone for a
total of 18 vessels (6 purse seine and 12 surface long-liners). The new agreement is for a five
year period with an annual financial contribution of €559,000 to be paid by the EU. The
provisional application of this agreement is provided for under COM(2010)574.


1.15    Fishing agreement with Micronesia
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

Reference Number        COM(2010)574
Lead department         Agriculture, Fisheries and Food
Legislative Basis       The Treaty on the Functioning of the European Union and in
                        particular Article 43 in conjunction with Article 218 (5) thereof,
                        QMV.
Decision                In light of the information provided by the Department, it
                        was agreed that the measure does not require further
                        scrutiny by the Committee.

Lead Department Summary
This proposal seeks to provisionally apply the renewed Fisheries Partnership Agreement with
the Federated States of Micronesia (FSM) from the date of its signature. As the previous
Protocol expired on 25 February 2010 it is essential to apply the new Protocol as quickly as
possible to guarantee fishing activity by EU vessels. The conclusion of the agreement is
subject to a separate proposal [COM(2010)572].


1.16    Roll-over protection structures on narrow-track wheeled agricultural and
        forestry tractors
Proposal for a Directive of the European Parliamenta and of the Council on roll-over
protection structures mounted in front of the driver's seat on narrow-track wheeled
agricultural and forestry tractors

Reference Number        COM(2010)610
Lead department         Agriculture, Fisheries and Food
Legislative Basis       Article 114 of the Treaty on the Functioning of the European
                        Union, QMV, Co-decision – Accelerated procedure
Decision                Based on the information available, it was agreed that this
                        proposal does not warrant further scrutiny.

Lead Department Summary
The purpose of the proposal is to undertake a codification of Council Directive 87/402/EEC
of 25th June 1987 governing roll-over protection structures mounted in the front of driver’s
seats on narrow track wheeled agricultural and forestry tractors.

The new Directive will supersede the various acts incorporated in it and fully preserves the
content of the acts being codified with only such formal amendments as required by the
codification process itself as provided for under the Inter-institutional agreement of 20
December 1994 between the European Parliament, the Council and the Commission.

1.17    Imposition of anti-dumping duty
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


                                              16
                                                                   Report of the 73rd Meeting
terminating the proceeding concerning imports of high tenacity yarn of polyesters originating
in the Republic of Korea and Taiwan

Reference Number         COM(2010)637
Lead department          Enterprise, Trade and Innovation
Decision                 Based on the information available, it was agreed that this
                         trade measure does not warrant further scrutiny.

Lead Department Summary
In September 2009 the Commission initiated an anti-dumping investigation concerning
imports of high tenacity yarn of polyesters originating in China, Korea and Taiwan. The
investigation found that dumped imports of the product concerned from China had caused
injury to the Union industry and that measures should be imposed. However, it was found that
imports of the product concerned from Korea and Taiwan were not dumped. The aim of the
proposal is to now impose definitive anti-dumping duties and collect the provisional duty
imposed in respect of imports from China. Also the proceeding concerning Korea and Taiwan
should be terminated.


1.18    Extending provisions of the Partnership and Cooperation Agreement to
        bilateral trade in textiles
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

Reference Number         COM(2010)664
Lead department          Enterprise, Trade and Innovation
Other Department         Foreign Affairs
Legislative Basis        Article 207, in conjunction with Article 218 (6) (a) (v) of the Treaty
                         on the Functioning of the European Union, QMV, Co-decision
Decision                 Based on the information available, it was agreed that this
                         proposal does not warrant further scrutiny.

Lead Department Summary
The aim of the proposal is to provide legal certainty to the trade in textiles, and to ensure that
the principles applying to trade in other goods were extended formally to textile products.
The Partnership and Cooperation Agreement (PCA) between the EU and Uzbekistan, entered
into force on 1 July 1999. This agreement contains a provision according to which its trade
provisions – namely, most favoured nation (MFN) trade conditions and abolition of
quantitative restrictions – this did not apply to trade in textile products, which was regulated
by a separate bilateral agreement. This agreement then lapsed on 31 December 2004,and
while trade in textiles between the EU and Uzbekistan has continued to proceed smoothly,
legal certainty needs to be ensured. In June 2010, the Commission entered into negotiations
with Uzbekistan to amend the PCA, to ensure that the principles applying to trade in other
goods were extended formally to textile products. These negotiations have been concluded
and the Protocol amending the PCA by abrogating Article 16 and all references, was initialled
on 1 July 2010. In addition, some updates of a technical nature were introduced.


1.19    Anti-dumping duty
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


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                                                                Report of the 73rd Meeting

Reference Number        COM(2010)669
Lead department         Enterprise, Trade and Innovation
Decision                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.

Lead Department Summary
Anti-subsidy measures were imposed in 2004. In September 2009 the European Commission
initiated an expiry review to examine whether the measures should be maintained or allowed
to lapse. The investigation found continuing imports of the subsidised product. If measures
were allowed to lapse, the injury caused by such imports would result in a deterioration of the
financial situation of the Union industry. The aim of the proposal is to maintain the existing
measures in force.


1.20    Anti-dumping duty
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

Reference Number        COM(2010)671
Lead department         Enterprise, Trade and Innovation
Decision                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.

Lead Department Summary
Anti-dumping measures were imposed in 2004. In September 2009 the European
Commission initiated an expiry review to examine whether the measures should be
maintained or allowed to lapse. The investigation found that if measures were allowed
to lapse the Union industry could be exposed to increased volumes of imports of the
product concerned from India at dumped prices. The injury caused by such imports
would result in a deterioration of the financial situation of the Union industry. The
aim of the proposal is to maintain the existing anti-dumping measures in force.




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                                                                      Report of the 73rd Meeting
Section 2 - For no further Scrutiny – sent to sectoral Committee for
information
[This category includes proposals that do not require further scrutiny by this Committee and they are
being noted. However, they are also being sent to sectoral committees for their information. It is open
to sectoral committees to carry out their own scrutiny of these proposals.]



2.1 Proposed Council Decision on subjecting the "Legal High" mephedrone to
    controlling measures
Proposal for a Council Decision on submitting 4-methylmethcathinone (mephedrone) to
control measures

Reference Number          COM(2010)583
Lead department           Health and Children
Other Department          Justice and Law Reform and the Office of the Minister for
                          Drugs. The Garda Síochána and the Revenue Commissioners,
                          Customs Service
Legislative Basis         The Treaty establishing the European Community; Articles 6
                          and 8 (1) of the Council Decision 2005/387/JHA, QMV
Decision                  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, 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.

Lead Department Summary
Decision 2005/387/JHA of 10 May 2005 provides for information exchange, risk-
assessment and control of new psychoactive substances. Under Article 6 of this
Council Decision, a Risk Assessment Report on the psychoactive substance
mephedrone was drawn up by a special session of the extended Scientific Committee
of the European Monitoring Centre for Drugs and Drug Addiction and subsequently
submitted to the Commission in August 2010.

The main findings of the Risk Assessment Report are:
·     Mephedrone is a synthetic cathinone, its physical effects can be compared to
      those produced by ecstasy (MDMA) or cocaine. As such, it can be an
      attractive alternative for persons seeking stimulant psychoactive effects for
      recreational purposes.
·     Acute health problems related to the use of mephedrone can occur and it has a
      potential to cause dependency. Two fatalities have been reported in the EU in
      which mephedrone appears to be the sole cause of death. In addition, there are
      at least another 37 deaths in the UK and Ireland in which mephedrone has
      been detected in post-mortem samples.
·     Mephedrone has no established or acknowledged medical value. There are no
      indications that it may be used for any other legitimate purposes.

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                                                        Report of the 73rd Meeting

Although the conclusive scientific evidence concerning the overall risks of
mephedrone is still limited at this stage, a prudent approach is appropriate.

The Commission has therefore, decided to ask the Council to place mephedrone under
control in accordance with the 1971 UN Convention on Psychotropic Substances. If
the Council adopts the Commission’s proposal, Member States must act as soon as
possible, but no later than one year from the date of the decision, and introduce
control measures and criminal sanctions.

However, Ireland has already acted to introduce control measures and criminal
sanctions through the Government Order signed in May 2010 which declared
mephedrone to be a controlled substance for the purposes of the Misuse of Drugs Act
1977.




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                                                                   Report of the 73rd Meeting
Section 3 - CFSP Measures
[This category includes proposals on Common Foreign and Security Policy which have been adopted
at EU level and they are being noted. These proposals are confidential before they are adopted and
are not circulated in advance of their adoption]

3.1 Measure to combat illicit trade in small and light weapons
Draft COUNCIL DECISION adopting the EU SALW Strategy to combat the illicit
accumulation and trafficking of SALW and their ammunition.

Reference Number         CFSP(2010)EU SALW
Lead department          Foreign Affairs
Legislative Basis        Treaty on European Union, in particular Articles 26(2),
                         Unanimity
Decision                 Based on the information available, it was agreed that this
                         CFSP measure does not warrant further scrutiny.

Lead Department Summary
The EU SALW Strategy promotes the development of a policy for actively combating
illicit networks trafficking in SALW. The proposal for an action to counter the illicit
trade of SALW by air is designed to improve capabilities at the disposal of relevant
crisis management missions, international and third countries' national authorities and
EU Member States, to effectively screen and target suspect air cargo aircraft likely to
be involved in illicit trade of SALW via air within, from or to third States. It also
aims to increase awareness and technical expertise on the part of relevant international
and national personnel, of "best practices" in the areas of monitoring, detection and
risk management analysis against air cargo carriers suspected of SALW trafficking
via air within, from or to third States.


3.2 Joint Action on a European Union military operation
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.

Reference Number         COM(2010)Operation Atalanta
Lead department          Foreign Affairs
Other Department         Defence
Legislative Basis        Treaty on European Union, and in particular Articles 28 and 43(2)
                         thereof, Unanimity
Decision                 Based on the information available, it was agreed that this
                         proposed CFSP measure does not warrant further scrutiny.

Lead Department Summary
To prolong until 12 December 2012 the mandate of the European Union counter-
piracy Mission, Operation Atalanta, operating off the coast of Somalia.


3.3 Council Decision repealing Common Position of 1998 on Sierra Leone
Draft Council Decision repealing Common Position 98/409/CFSP concerning Sierra Leone.

Reference Number         COM(2010)Sierra Leone
Lead department          Foreign Affairs


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                                                       Report of the 73rd Meeting
Legislative Basis    Treaty on European Union, in particular Article 29 thereof,
                     Unanimity
Decision             It was agreed to note this adopted CFSP measure.

Lead Department Summary
On 29 June 1998, the Council adopted Common Position 98/409/CFSP concerning
Sierra Leone (OJ L 187, 1.7 1998, p.1) in order to implement the measures imposed
by UNSCR 1171 (1998). On 28 January 2008, the Council adopted Common
Position 2008/81/CFSP in order to implement the measures imposed by the UNSCR
1793 (2007) providing for an exemption to the measures imposed by paragraph 5 of
UNSCR 1171 (1998). On 29 September 2010, the United Nations Security Council
adopted Resolution 1940 (2010) repealing UNSCR 1171 (1998).

Common Position 98/409/CFSP should therefore be repealed.




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                                                                  Report of the 73rd Meeting
Section 4 - Early Warning Notes
[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]



 4.1 Review of anti-dumping duty
 Notice of initiation of a partial interim review of the anti-dumping measures
 applicable to imports of ferro-silicon originating, inter alia, in Russia

Reference Number         EWN C 290-07
Lead department          Department of Enterprise, Trade and Innovation
Decision                 Based on the information available, it was agreed that this
                         early warning note does not warrant further scrutiny at this
                         stage

 4.2 Anti dumping measures
 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

Reference Number         EWN L 298-10
Lead department          Department of Enterprise, Trade and Innovation
Decision                 Based on the information available, it was agreed that this
                         notification does not warrant further scrutiny at this stage

 4.3 Anti dumping measures
 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

Reference Number         EWN L 298-27
Lead department          Department of Enterprise, Trade and Innovation
Decision                 Based on the information available, it was agreed that this
                         early warning note does not warrant further scrutiny at this
                         stage

 4.4 Anti dumping measures
 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

Reference Number         EWN L 299-7
Lead department          Department of Enterprise, Trade and Innovation
Decision                 Based on the information available, it was agreed that this
                         notification does not warrant further scrutiny at this stage

 4.5 Anti dumping measures
 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


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                                                        Report of the 73rd Meeting

Reference Number    EWN(2010) C 270-05
Lead department     Department of Enterprise, Trade and Innovation
Decision            Based on the information available, it was agreed that this
                    notification does not warrant further scrutiny at this stage

4.6 Anti dumping measures
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

Reference Number    EWN(2010) C 272-06
Lead department     Department of Enterprise, Trade and Innovation
Decision            Based on the information available, it was agreed that this
                    notification does not warrant further scrutiny at this stage

4.7 Review of anti-dumping duty
Notice of initiation of a partial interim review of the anti-dumping measures
applicable to imports of polyethylene terephthalate (PET) film originating in India

Reference Number    EWN(2010) C 294-05
Lead department     Department of Enterprise, Trade and Innovation
Decision            Based on the information available, it was agreed that this
                    early warning note does not warrant further scrutiny at this
                    stage.

4.8 Review of anti-dumping duty
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

Reference Number    EWN(2010) C 299-04
Lead department     Department of Enterprise, Trade and Innovation
Decision            Based on the information available, it was agreed that this
                    early warning note does not warrant further scrutiny at this
                    stage

4.9   Commission expiry review of the anti-dumping measures applicable to
      imports of steel ropes and cables originating in China, South Africa and
      Ukraine
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

Reference Number    EWN(2010) C 309-06
Lead department     Department of Enterprise, Trade and Innovation
Decision            Based on the information available, it was agreed that this
                    notification does not warrant further scrutiny at this stage

4.10 Circumvention of countervailing measures on imports of biodiesel
       originating in the USA
Commission Regulation (EU) No 721/2010 of 11 August 2010 initiating an
investigation concerning the possible circumvention of m countervailing measures

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                                                       Report of the 73rd Meeting
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

Reference Number    EWN(2010) L 211-06
Lead department     Department of Enterprise, Trade and Innovation
Decision            Given that there are no reported difficulties for Ireland, it
                    was agreed that this trade matter does not warrant further
                    scrutiny




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                                                           Report of the 73rd Meeting


5. Evidence taken in public session
The Committee took oral evidence from representatives of the from Consumers’
Association of Ireland on COM(2008)614 - Proposal for a Directive of the European
Parliament and of the Council on Consumer Rights.

The representatives in attendance were:

Mr. James Doorley, Chairman, and
Mr. Dermott Jewell, Chief Executive

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.

The transcript of this meeting is available on the Oireachtas website – www.oir.ie




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                                                                   Report of the 73rd Meeting



Appendix A

    JOINT COMMITTEE ON EUROPEAN SCRUTINY MEMBERSHIP

Membership1

Deputies:

Michael Creed2
Lucinda Creighton
Timmy Dooley
Noel Grealish
Brendan Howlin3
Michael Kitt (Vice-Chairman)4
Michael Mulcahy
Noel O’Flynn5
Aengus O’Snodaigh
Tom Sheahan (Chairman)6

Senators:

Paddy Burke
Terry Leyden
Eugene Regan7
Alex White8
Paschal Mooney9




1
  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
2
  Deputy Michael Creed replaced Deputy Damien English on 11 November 2010
3
  Deputy Brendan Howlin (Lab) replaced Deputy Joe Costello (Lab) by Order of Dáil Éireann on 8th
July 2010
4
  Deputy Michael Kitt replaced Deputy Chris Andrews on 10 July 2009
5
  Deputy Noel O’Flynn replaced Deputy Michael McGrath on 13 March 2008
6
  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
7
  Senator Eugene Regan was nominated to serve on the Joint Committee on European Scrutiny by the
Seanad Committee of Selection on 9 February 2010
8
  Senator Alan Kelly (Labour Party) ceased to be a member of the committee on his election as a
Member of the European Parliament on 8 June 2009. Senator Alex White was appointed in substitution
for him on 27 January 2010
9
  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



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                                                          Report of the 73rd Meeting
Appendix B

ORDERS OF REFERENCE


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;

                                         28
                                                            Report of the 73rd Meeting
             (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 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)    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.
      (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);
       (b)          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.
(2)   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.”




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                                                          Report of the 73rd Meeting



Seanad Éireann on 24 October 2007 ordered:
“(1) (a) 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.
     (b) 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)

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                                                            Report of the 73rd Meeting
                   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 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.
(2)   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.”



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