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					TENTH REPORT                                 SUB-COMMITTEE ON EUROPEAN SCRUTINY




                 SUB-COMMITTEE ON EUROPEAN SCRUTINY
                                 TENTH REPORT
                  (REPORT OF THE MEETING OF 27TH MARCH 2003)




                                       INDEX


               Summary of Decisions                                              2

Section 1:     Proposals where the Sub-Committee considered that no further      3
               scrutiny required.

Section 2:     Proposals referred to Sectoral Committees for Detailed Scrutiny   4

Section 3:     Proposals Adopted Prior to scrutiny.                              6

Section 4:     Proposals to be noted                                             6



Appendix 1:    Membership of the Sub-Committee                                   7

Appendix 2:    Terms of Reference                                                8

Appendix 3:    Information notes supplied by Government Departments on           11
               Proposals in Section 1 above

Appendix 4:    Information notes supplied by Government Departments on           20
               Proposals in Section 2 above

Appendix 5:    Information notes supplied by Government Departments on           36
               Proposals in Section 3 above

Appendix 6:    Information note supplied by the Government Department on the     40
               Proposal in Section 4 above




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TENTH REPORT                                     SUB-COMMITTEE ON EUROPEAN SCRUTINY




                   SUB-COMMITTEE ON EUROPEAN SCRUTINY
                                    TENTH REPORT
                     (REPORT OF THE MEETING OF 27 MARCH 2003)



DECISIONS OF THE SUB-COMMITTEE ON EUROPEAN SCRUTINY.

The Sub-Committee on European Scrutiny at its public meeting of 27 March 2003,
scrutinised 11 European Union proposals.

-   It was agreed that 4 of those presented did not warrant further scrutiny and should not
    be referred to an Oireachtas Committee.

-   Of the remaining proposals examined, it was agreed that 5 required further scrutiny
    and should be referred to the appropriate Oireachtas Committee. Two of these were in
    fact green papers which due to their scope were in this case referred to more than one
    Oireachtas Committee.

-   It was noted that 2 proposals had been adopted prior to scrutiny by the Sub-
    Committee. Both of these proposals were adopted very quickly and time did not allow
    for scrutiny in the normal way.

One further proposal was considered by the Sub-Committee at this meeting. This proposal
concerned establishing a means to facilitate transport across the EU between two parts of
the Russian Federation (Kaliningrad) and was a Title IV measure. The Sub-Committee
received this document for its information, it does not have a role in scrutinising such
proposals. The document was noted and forwarded to the Joint Committee on Justice,
Equality, Defence and Women’s Rights for information only.

The proposals scrutinised at the meeting of the Sub-Committee are listed below indicating
in each case the decisions taken, identifying the Minister responsible, and whether referred
for further scrutiny to the appropriate Oireachtas Committee.




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TENTH REPORT                                    SUB-COMMITTEE ON EUROPEAN SCRUTINY




SECTION 1. PROPOSALS WHERE THE SUB-COMMITTEE CONSIDERED               THAT NO FURTHER
            SCRUTINY WAS NECESSARY.


1.1 COM (2003) 67. Proposal for a Directive of the European Parliament and of the
    Council relating to the protection of pedestrians and other vulnerable road users in the
    event of a collision with a motor vehicle and amending Directive 70/156/EEC.
     Minister Responsible:             Minister for Transport
     Other Departments:                Enterprise, Trade and Employment
     Decision of Sub-Committee:        No further scrutiny
It was agreed that information would be sought from the Department of Transport as to
whether any consideration has been given to the extension of such measures to agricultural
vehicles.


1.2 COM (2003) 106. Proposal for a Council Regulation terminating the anti-dumping
    proceedings concerning imports of unwrought unalloyed magnesium originating in the
    People’s Republic of China
    Minister Responsible:           Minister for Enterprise, Trade and Employment
    Other Departments:              None
    Decision of Sub-Committee:      No further scrutiny


1.3 COM (2003) 48. Amended proposal for a Directive of the European Parliament and of
    the Council on Machinery and amending Directive 95/16/EC
    Minister Responsible:         Minister for Enterprise, Trade and Employment
    Other Departments:            None
    Decision of Sub-Committee:    No further scrutiny


1.4 COM (2003) 89. Proposal for a Council Regulation authorising the offer and delivery
    for direct human consumption of certain wines imported from Australia which may
    have undergone oenological practices not provided for in Regulation (EC) No.
    1493/1999.
    Minister Responsible:          Minister for Agriculture and Food
    Other Departments:             None
    Decision of Sub-Committee:     No further scrutiny




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TENTH REPORT                                    SUB-COMMITTEE ON EUROPEAN SCRUTINY




SECTION 2. PROPOSALS REFERRED TO SECTORAL COMMITTEES FOR DETAILED
           SCRUTINY.


2.1        COM (2003) 27 European Commission Green Paper - "Entrepreneurship in
           Europe."
           Minister Responsible:     Minister for Enterprise, Trade and Employment
           Other Departments:           Taoiseach, Finance, Education and Social,
                                        Community and Family Affairs
           Decision of Sub-Committee: Noted and agreed to circulate to the Joint
                                      Committees on Enterprise and Small Business,
                                      Finance and the Public Service and Education and
                                      Science for consideration and report.

It was further agreed that when referring this proposal to the relevant Oireachtas
committees that attention would be drawn to the issue of insurance cover for small
businesses.


2.2.(i)    COM (2003 )33 (i). Amended proposal for a Regulation of the European
           Parliament and of the Council on the hygiene of foodstuffs

           Minister Responsible:        Minister for Agriculture and Food
           Other Departments:           Health and Children and The Food Safety
                                        Authority of Ireland (FSAI)

                                            &

2.2.(ii) COM (2003) 33(ii). Amended proposal for a Regulation of the European
         Parliament and of the Council laying down specific hygiene rules for food of
         animal origin
         Minister Responsible:        Minister for Agriculture and Food
          Other Departments:          Communications, Marine and Natural Resources
                                      and The Food Safety Authority of Ireland (FSAI)
          Decision of Sub-Committee: Referred to the Joint Committee on Agriculture and
                                     Food for further scrutiny from a food hygiene
                                     perspective.
                                      Referred to the Joint Committee on Enterprise and
                                      Small Business for scrutiny from the small business
                                      perspective and that of the consumer.




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TENTH REPORT                                    SUB-COMMITTEE ON EUROPEAN SCRUTINY



2.3    COM (2003) 18. Proposal for a Council Directive on the control of high activity
       sealed radioactive sources
       Minister Responsible:          Minister for Environment & Local Government
       Other Departments:             Transport; Health and Children; Education and
                                      Science; Enterprise Trade and Employment; and the
                                      Customs and Excise Section of Revenue
       Decision of Sub-Committee: Referred to the Joint Committee on the
                                  Environment and Local Government for further
                                  scrutiny.




2.4    COM (2003) 77. Proposal for a Regulation by the European Parliament and of
       the Council on the statute and financing of European political parties
       Minister Responsible:         Minister for Environment and Local Government
       Other Departments:             Foreign Affairs
       Decision of Sub-Committee: Referred to the Joint Committee on European
                                  Affairs for further scrutiny.
It was further agreed that this document should be forwarded to the Secretaries-General of
all registered Political Parties for their observations.



2.5    COM (2003) 75. (Green Paper) Procedural Safeguards for suspects and defendants in
       criminal proceedings throughout the European Union
       Minister Responsible:          Minister for Justice, Equality and Law Reform
       Other Departments:             Health and Children and Foreign Affairs.
       Decision of Sub-Committee: Referred to the Joint Committee on Justice, Equality,
                                  Defence and Women’s Rights for consideration and
                                  report, and circulated to the Joint Committees on
                                  European Affairs and Health and Children for information

The Sub-Committee also agreed to raise with the Joint Committee on Justice, Equality,
Defence and Women’s Rights the issue of the legal basis of this proposal.




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TENTH REPORT                                   SUB-COMMITTEE ON EUROPEAN SCRUTINY




SECTION 3. PROPOSAL ADOPTED PRIOR TO SCRUTINY.


3.1   COM (2003)53. Proposal for a COUNCIL REGULATION amending for the second
      time Regulation (EC) 2368/2002 implementing the Kimberley Process certification
      scheme for the international trade in rough diamonds
      Minister Responsible:         Minister for Communications Marine and Natural
                                    Resources
      Other Departments:            Enterprise, Trade and Employment; Office of the
                                    Revenue Commissioners; Foreign Affairs
      Decision of Sub-Committee: Noted


3.2   COM (2003) 59. Proposal for a Council Regulation on the measures that may be
      taken by the Commission in relation to the combined effect of anti-dumping or anti-
      subsidy measures with safeguard measures
      Minister Responsible:        Minister for Enterprise, Trade and Employment
      Other Departments:            None
      Decision of Sub-Committee: Noted



SECTION 4:- TITLE IV MEASURE - NOTED

4.1   COM (2003) 60. Proposal for a Council regulation establishing a specific Facilitated
      Transit document (FTD), a Facilitated rail transit Document (FRTD) and amending
      the Common Consular Instructions and the Common Manual
      Minister Responsible:       Minister for Justice, Equality and Law Reform
      Other Departments:           None
      Decision of Sub-Committee: Noted and forwarded to the Joint Committee on Justice,
                                 Equality, Defence and Women’s Rights for
                                 INFORMATION ONLY.



The Sub-Committee adjourned until 10 April 2003




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TENTH REPORT                                              SUB-COMMITTEE ON EUROPEAN SCRUTINY



Appendix 1


                    SUB COMMITTEE ON EUROPEAN SCRUTINY

                                       LIST OF MEMBERS

               Members:

               Deputies:            Pat Carey                       (FF)
                                    Marian Harkin                   (Ind)
                                    Gay Mitchell                    (FG) - Chairman
                                    Michael Mulcahy                 (FF)
                                    Mae Sexton                      (PD)

               Senators:            John Dardis1                    (PD)



                Alternates:

                Deputies:            Barry Andrews                      (FF)
                                     Séan Haughey                       (FF)
                                     Séamus Kirk                        (FF)
                                     Jim O’Keeffe                       (FG)
                                     Aengus O’Snodaigh                  (SF)
                                     Ruairi Quinn                       (Lab)2

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




1
    As on 28th November 2002
2
    Replaced Deputy Jack Wall by order of the Dail 7 th November 2002




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TENTH REPORT                                   SUB-COMMITTEE ON EUROPEAN SCRUTINY




                                    Appendix 2

              JOINT COMMITTEE ON EUROPEAN AFFAIRS
                           ORDERS OF REFERENCE
Dáil Éireann on 16 October 2002 ordered:

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

(1)   (a)   That a Select Committee, which shall be called the Select Committee on European
            Affairs, consisting of 11 Members of Dáil Éireann (of whom four shall constitute a
            quorum), be appointed to consider—
            (i)      such Bills the statute law in respect of which is dealt with by the
                     Department of Foreign Affairs; and
            (ii)     such proposals contained in any motion, including any motion within the
                     meaning of Standing Order 157 concerning the approval by the Dáil of
                     international agreements involving a charge on public funds,
            as shall be referred to it by Dáil Éireann from time to time.
      (b)   For the purpose of its consideration of Bills and proposals under paragraphs
            (1)(a)(i) and (ii), the Select Committee shall have the powers defined in Standing
            Order 81(1), (2) and (3).
      (c)   For the avoidance of doubt, by virtue of his or her ex officio membership of the
            Select Committee in accordance with Standing Order 90(1), the Minister for
            Foreign Affairs (or a Minister or Minister of State nominated in his or her stead)
            shall be entitled to vote.
(2)   (a)   The Select Committee shall be joined with a Select Committee to be appointed by
            Seanad Éireann to form the Joint Committee on European Affairs to—
            (i)      scrutinise, in the context of European Union issues and measures to be
                     taken by the Council of Ministers of the European Union—
                     (I)          any proposals under the Community treaties for legislation by
                                  the Council or the Council acting jointly with the European
                                  Parliament,
                     (II)         any document which is published for submission to the
                                  European Council, the Council or the European Central Bank,
                     (III)        any proposal for a common strategy, a joint action or a common
                                  position under Title V of the Treaty on European Union which
                                  is prepared for submission to the Council or to the European
                                  Council,
                     (IV)         any proposal for a common position, framework decision,
                                  decision or a convention under Title VI of the Treaty on
                                  European Union which is prepared for submission to the
                                  Council,
                     (V)          any document (not falling within (II), (III), or (IV) above)
                                  which is published by one Union institution for or with a view



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TENTH REPORT                                  SUB-COMMITTEE ON EUROPEAN SCRUTINY



                                to submission to another Union institution and which does not
                                relate exclusively to the consideration of any proposal for
                                legislation, and
                   (VI)         any other document relating to European Union matters
                                deposited in both Houses of the Oireachtas by a Member of the
                                Government or Minister of State,
                   as it may select;
           (ii)    consider such matters arising from Ireland’s membership of the European
                   Communities and its adherence to the Treaty on European Union, as it may
                   select;
           (iii)   consider such -
                   (I)          acts of the institutions of the European Communities,
                   (II)         regulations under the European Communities Acts, 1972 to
                                1998,
                   (III)        other instruments made under statute and necessitated by the
                                obligations of membership of the European Communities,
                   as it may select;
           (iv)    consider such other matters as may be referred to it from time to time by
                   both Houses of the Oireachtas;
                   and
           (v)     represent both Houses of the Oireachtas at the Conference of European
                   Affairs Committees (COSAC);
           and shall report thereon to both Houses of the Oireachtas.

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

    (c)    The following persons may attend meetings of the Joint Committee and of its sub-
           Committees and may take part in proceedings without having a right to vote or to
           move motions and amendments—
           (i)     Members of the European Parliament elected from constituencies in Ireland
                   (including Northern Ireland);
     (b)   (ii)    members of the Irish delegation to the Parliamentary Assembly of the
                   Council of Europe;
     (c)           and
           (iii)   at the invitation of the Joint Committee or of a sub-Committee, as



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TENTH REPORT                                   SUB-COMMITTEE ON EUROPEAN SCRUTINY



                    appropriate, other Members of the European Parliament.

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

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




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TENTH REPORT                                      SUB-COMMITTEE ON EUROPEAN SCRUTINY



                                       Appendix 3

               INFORMATION NOTES ON PROPOSALS DETAILED IN
                        SECTION 1 OF THIS REPORT

1.1 COM (2003) 67 - Information Note


1. Proposal
A draft Directive on pedestrian-friendly motor vehicle front designs.

2. Title
Proposal for a Directive of the European Parliament and of the Council relating to the
protection of pedestrians and other vulnerable road users in the event of a collision with a
motor vehicle and amending Directive 70/156/EEC.

3. Date of Commission document
19 February 2003

4. Number of Commission document:
Com (2003) 67 final
http://europa.eu.int/eur-lex/en/index.html


5. Dealt with in Brussels by
Internal Market Council. Not yet assigned to a Working Group.

6. Department with primary responsibility
Department of Transport.

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

8. Short summary and aim of the proposal
Each year as many as 8,000 pedestrians and cyclists are killed and a further 300,000 injured in
road accidents in the European Union. It has been shown through scientific work that the
severity of injuries to pedestrians and cyclists in accidents involving frontal impact with cars
and car-derived vans at speeds below 40 km/hour can be significantly reduced by improving
the frontal structures of these vehicles.

The proposed directive aims to reduce deaths and injuries to pedestrians and cyclists caused by
motor vehicles through changes in the design of the fronts (i.e. bumper, bonnet and
windscreen) of cars and car-derived vans. The proposal lays down the basic requirements to be
fulfilled in the design of the frontal structures with regard to pedestrian protection and will
apply to all new cars and car-derived vans placed on the market within the European Union.
The frontal parts of cars and car-derived vans will have to be constructed in such a way that,
when impacted, certain limit values are not exceeded. The proposal provides that vehicles will
have to pass a number of tests in order to establish compliance with the limit values. In 2005,



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TENTH REPORT                                      SUB-COMMITTEE ON EUROPEAN SCRUTINY



new types of cars and car-derived vans must comply with two tests in relation to protection
against head injuries and leg injuries. In 2010, new types of cars and car-derived vans must
comply with more onerous tests in these areas, 2 tests each in relation to head injuries and leg
injuries. By 2015 all new cars and car-derived vans will have to comply with the four tests.

9. Legal basis of the proposal
Article 95 of the Treaty establishing the European Community.

10. Voting Method
Qualified Majority Voting

11. Role of the EP
A co-decision is required from Parliament and Council.

12. Category of proposal
Purely technical but will have positive effects on road safety.

13. Implications for Ireland
The absence of a car manufacturing base allows Ireland to fully support the proposal and to
seek for implementation at the earliest date possible.

14. Anticipated negotiating period
Not known at this stage.

15. Proposed implementation date
31 December 2003.

16. Consequences for national legislation
Transposition of the Directive would require the making of separate statutory instruments by
the Minister for Enterprise, Trade and Employment and the Minister for Transport under the
European Communities Act 1972. The Minister for Enterprise, Trade and Employment would
be responsible for applying the elements of the Directive relating to the requirements laid out
in the Directive for the granting of EC type-approval for motor vehicles covered by the
Directive into Irish law. The Minister for Transport would be responsible for legislating to
provide that vehicles of the class covered by the Directive must meet the EC type-approval
requirements specified in the Directive in order to be registered and enter into service in
Ireland.

17. Consequences for the EU budget in euros annually None.

12 March 2003




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TENTH REPORT                                     SUB-COMMITTEE ON EUROPEAN SCRUTINY



1.2 COM (2003) 106 - Information Note


                                 Information Note
1. Proposal
Proposal for a Council Regulation terminating the anti-dumping proceedings concerning
imports of unwrought unalloyed magnesium originating in the People’s Republic of
China.

2. Title
Same as proposal

3. Date of Council document
 12 March 2003

4. Number of Council document
No. 7072/03 COMER 46

5. Number of Commission document
COM (2003) 106 final

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

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

8. Other Departments involved
N/A

9. Short summary and aim of the proposal
Anti-dumping duties were imposed in November 1998. In June 2002 the Commission
initiated a review in order to examine the appropriateness of the measures in force.
However the complainant that represents the sole known Community producer informed
the Commission that production of the magnesium had ceased and declared that the
measures appear no longer necessary. The purpose of the proposal is to terminate both the
anti-dumping proceedings and the anti-dumping measures.

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

11. Voting Method
Simple majority

12. Role of the EP
No consultation in trade defence cases.




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TENTH REPORT                                      SUB-COMMITTEE ON EUROPEAN SCRUTINY



13. Category of proposal
Some significance.


14. Implications for Ireland
No reported difficulties

15. Anticipated negotiating period
For adoption by Council Regulation

16. Proposed implementation date
Day after publication in Official Journal

17. Consequences for national legislation
None

18. Consequences for the EU budget in euros annually
Duty is collected on imports into the EC, in the form and the rate specified and according
to the other criteria laid down in the Regulation imposing the measure. In Ireland duties
are collected by the Revenue Commissioners are remitted to the EC. The amount is
determined by the level of imports to which the duty applies. In this case the imposition of
duties is terminated.


Date
21 March 2003




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TENTH REPORT                                      SUB-COMMITTEE ON EUROPEAN SCRUTINY



1.3 COM (2003) 48 - Information Note


1. Proposal
Amended proposal for a Directive on Machinery

2. Title
Amended proposal for a Directive of the European Parliament and of the Council on
Machinery and amending Directive 95/16/EC.

3. Date of Council document
4th March, 2003

4. Number of Council document
7030/03 – ENT 33 CODEC 247

5.   Number of Commission document:           COM (2003) 48 final

6. Dealt with in Brussels by
Council Working Party on Technical Harmonisation (Machinery)

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

8. Other Departments involved
None

9. Short summary and aim of the proposal
In this proposal, the Commission amends its initial (2001) proposal for a Directive on
machinery, to take account of suggestions by the European Parliament for changes to the
text of that earlier proposal.
That initial Commission proposal was designed to update the existing Machinery
Directive which has been in operation since 1989, and which was designed to ensure free
movement in the Community of the products covered by the Directive, by setting down
common rules to apply to those products. The main aim of the 2001 Commission proposal
was to take account of the experience gained, and address problems identified, in the
practical operation of the 1989 Directive. Thus, it sought, for example, to provide for
better definition of the scope of the directive and clarification of the borderline with other
Directives, as well as strengthening the provisions relating to market surveillance and to
conformity assessment bodies.

10. Legal basis of the proposal
Articles 95 & 250(2) of the Treaty

11. Voting Method QMV

12. Role of the EP     Co-decision




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TENTH REPORT                                      SUB-COMMITTEE ON EUROPEAN SCRUTINY



13. Category of proposal       Purely technical


14. Implications for Ireland
None, other than that the proposed Directive would amend technical provisions which
have been transposed into Irish law.

15. Anticipated negotiating period Not known

16. Proposed implementation date
Not known - will depend on date of adoption. The proposal as it currently stands would
require Member States to bring the necessary measures into force by 31 January 2006.

17. Consequences for national legislation
The Regulations which transposed the existing Machinery Directive will need to be
amended to take account of whatever changes to that Directive are agreed.

18. Consequences for the EU budget in euros annually None


Date   6 March, 2002


           ADDITIONAL INFORMATION RECEIVED REGARDING COM (2003) 48
            PROPOSED AMEMDMENT OF MACHINERY DIRECTIVE


1.     Background - the Molitor Report
The Commission’s proposal to amend the Machinery Directive should be seen against its
undertaking to eliminate excessive red tape and to simplify the implementation of
legislative texts. As part of this exercise, the Commission in 1994 set up the Molitor
Group (so called after its Chairman), to assess the impact of Community and national
legislation on competitiveness and employment. The Group was comprised of experts
from industry, trade unions, universities, the judiciary and civil servants.

The Commission’s proposal for an amendment of the Machinery Directive was prepared
on the basis of the Molitor Group’s recommendations. Thus, the overall aim of the
Commission’s proposal was to simplify and clarify the existing text, for the benefit of
‘users’ of the Directive.


2.     Main Impact of the Commission’s Proposal
Overall, the main changes will be of benefit to those trying to get to grips with the
Directive for the first time: they will make little difference to those equipment
manufacturers whose products are already being CE marked.




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TENTH REPORT                                        SUB-COMMITTEE ON EUROPEAN SCRUTINY



          a number of definitions have been added to make interpretation of the text easier;
          the proposal attempts to provide clarification on the position of what is termed
     “partly completed machinery” vis-à-vis the Directive;
          to provide greater clarity on the issue of components, a list of components
     covered by the Directive would be included;
          the position of a number of products is clarified and these are brought within the
     scope of the Directive e.g. cartridge-operated fixing devices, construction site hoists,
     devices for lifting persons of reduced mobility;
          there will be minor changes to the list of hazards to be guarded against (in
     relation to, for instance, protection against lightning, machines with more than one
     control station, provision of seating where the machinery is subject to vibrations etc.);
          there would be greater clarity as to which conformity assessment procedure
     applies in a particular case;


3.      Consultation with interested parties
In preparing its proposal, the Commission consulted widely, over a period of more than
two years, with all parties concerned such as Member States, European manufacturing
Federations, trade unions.

At National level also, there has been consultation with interested parties. The
Engineering Industries Association within IBEC was consulted on the Commission’s
initial proposal and is being consulted on the latest amendments. The Health and Safety
Authority, who enforce the existing Machinery Directive, are closely involved with the
Department of Enterprise, Trade and Employment in discussions on the proposals.




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TENTH REPORT                                     SUB-COMMITTEE ON EUROPEAN SCRUTINY




1.4 COM (2003) 89 - Information Note

                                    Information Note
1. Proposal
Importation of wines from Australia that may have undergone flavouring with oak chips.

2. Title
Proposal for a Council Regulation authorising the offer and delivery for direct human
consumption of certain wines imported from Australia which may have undergone oenological
practices not provided for in Regulation (EC) No. 1493/1999.

3. Date of Council document
10 March 2003

4. Number of Council document
7230/03

5. Number of Commission document:
COM(2003) 89 final

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

7. Department with primary responsibility
Department of Agriculture and Food

8. Other Departments involved
None

9. Short summary and aim of the proposal
Third country wines may not be imported into the EU unless they are certified by the
competent authorities of the exporting country as having undergone oenological practices
approved within the Community. Derogations may, however be granted in accordance with
Article 45(1) of Council Regulation (EC) No 1493/1999 on the common organisation of the
market in wine or in trade agreements under Article 133 of the Treaty, which include provision
for reciprocal acceptance of oenological practices.
The EU concluded an Agreement on trade in wine with Australia in 1994. The Agreement is
currently being re-negotiated. In order to ensure the smooth progress of the negotiations which
are expected to be concluded before the end of this year, the Commission has proposed a
derogation to permit the importation of wines from Australia which have undergone flavouring
with oak chips to give the wine an “oak- flavour”. This practice does not have any adverse
health implications but is not permitted in the EU. The means of transmitting oak flavour to
Community wines is through storage in oak barrels. The derogation proposed is temporary,
pending the conclusion of the negotiations or until 31 December next, whichever is the earlier.




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TENTH REPORT                                     SUB-COMMITTEE ON EUROPEAN SCRUTINY



   10. Legal basis of the proposal
       Article 45(1) of Council Regulation (EC) 1493/99 of 17 May 1999 on the common
       organisation of the market in wine.

   11. Voting Method
       QMV

   12. Role of the EP
       None.

   13. Category of proposal
       Some significance.

   14. Implications for Ireland
       No implications.

   15. Anticipated negotiating period
       The item is on the agenda for the Special Committee on Agriculture on 24 March and
       may be adopted at the Agriculture and Fisheries Council on 8 April.

   16. Proposed implementation date
       Immediate.

   17. Consequences for national legislation
       No implications.

   18. Consequences for the EU budget in euros annually
Possible impact due to an increase in imported wines, but not significant.

Date   24 March 2003




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TENTH REPORT                                     SUB-COMMITTEE ON EUROPEAN SCRUTINY




                                      Appendix 4

               INFORMATION NOTES ON PROPOSALS DETAILED IN
                        SECTION 2 OF THIS REPORT

2.1 COM (2003) 27 - Information Note


1. Title:
European Commission Green Paper - "Entrepreneurship in Europe."

2. Date of issue:
The publication date of the Green Paper is 21 January 2003.

3. Number of Commission Green Paper:
COM (2003) 27 final

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

5. Other Departments involved:
Some of the issues raised in the Green Paper also relate to the areas of responsibility of
the Departments of Taoiseach, Finance, Education and Social, Community and Family
Affairs.

6. Short Summary of the content and purpose of the Green Paper:
The purpose of the Green Paper is to stimulate debate on the future agenda for
entrepreneurship. This is the first time that the Commission has launched a
comprehensive policy initiative to focus on the entire range of issues that could stimulate
entrepreneurship in Europe. The Paper addresses two key issues for Europe. Firstly,
why do so few people start a business, when a relatively large number of individuals
express their interest in entrepreneurship? Secondly, why do so few European enterprises
grow and why do those that grow do so at such a modest rate?

7. Implications for Ireland:
Following the consultation period at the end of June it is envisaged that the Commission
would develop an Action Plan by the end of 2003, which would create a business
environment that cultivates entrepreneurship. This would imply that Ireland would have
to achieve an agreed set of targets within a predetermined timetable. Agreement on these
targets is expected to be reached during the Italian presidency when the details of the
proposed Action Plan are finalised. However, should agreement on these targets fail to be
reached during the Italian presidency then it will be our responsibility to ensure that the
Action Plan is finalised and implemented during our presidency.

8. Deadline set by the Commission for reactions: 30 June 2003

Date: 24 February 2003



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2.2 COM (2003) 33(i) - Information Note

                                 Information Note

  1. Proposal
     Hygiene of foodstuffs

  2. Title
     Amended proposal for a Regulation of the European Parliament and of the
     Council on the hygiene of foodstuffs

  3. Date of Council document
     31 January 2003

  4. Number of Council document
     5920/03

  5. Number of Commission document:
     COM(2003) 33 final

  6. Dealt with in Brussels by
     Working Party of Veterinary Experts (Public Health)
     Coreper
     Agriculture and Fisheries Council

  7. Department with primary responsibility
     Department of Agriculture and Food

  8. Other Departments involved
     Department of Health and Children
     The Food Safety Authority of Ireland (FSAI)

  9. Short summary and aim of the proposal
     On 14 July 2000, the Commission adopted a package of five proposals to recast
     food hygiene legislation by consolidating and updating existing legislation while
     placing primary responsibility for food safety on food business operators. This is
     the first proposal of the package and it aims to establish a common basis for food
     hygiene “from farm to table” to be respected by all food business operators.

  10. Legal basis of the proposal
      Articles 95 and 152 (4) (b) of the European Treaty

  11. Voting Method
      Qualified majority.

  12. Role of the EP
      Co-decision.




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  13. Category of proposal
      Some significance.

  14. Implications for Ireland
      The major issue is that all food preparation business premises will have to be
      registered by the competent authority. The adoption of the Regulation will
      standardise the hygiene rules for the food industry. In future, all food businesses
      will bear full responsibility for the safety of the food they produce and those who
      have not done so already will be required to introduce hazard analysis and critical
      control point (HACCP) principles in line with internationally accepted
      procedures. The HACCP principles take into account the variety of different
      operations, both in terms of products and scale, and provide operators with the
      flexibility to adapt ‘own checks’ control systems to the specific requirements of
      their operation. There are a number of food sectors where the implementation of
      HACCP systems is already mandatory and, given the importance currently
      attached to food safety issues, many other food business operators implement
      HACCP type systems on a voluntary basis. Accordingly it is not anticipated that
      the introduction of a legal requirement for HACCP systems will have adverse
      implications for food business operators. The Food Safety Authority of Ireland
      (FSAI) will have responsibility for the inspection of all premises.

  15. Anticipated negotiating period
      This proposal amends an earlier proposal so as to take account of the amendments
      of the European Parliament that were accepted by the Commission. At the
      Agriculture Council on 27 June 2002, political agreement was reached on the
      original proposal. The Council agreed, however, not to formally adopt a common
      position until discussions on the other elements of the package of hygiene
      proposals had made sufficient progress to guarantee the consistency of the various
      components of the package and of their application dates. The Greek Presidency
      envisages adoption of common positions on all outstanding proposals in the
      package at the Agriculture and Fisheries Council on 10-11 June 2003.

  16. Proposed implementation date
      One year after the entry into force of the Regulation

  17. Consequences for national legislation
      Regulation is directly applicable. Additional national legislation may however be
      required.

  18. Consequences for the EU budget in euros annually None

Date 12 March 2003




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2.2 COM (2003) 33(ii) - Information Note

                                  Information Note

  1. Proposal
     Hygiene of foodstuffs of animal origin

  2. Title
     Amended proposal for a Regulation of the European Parliament and of the
     Council laying down specific hygiene rules for food of animal origin

  3. Date of Council document
     31 January 2003

  4. Number of Council document
     5920/03

  5. Number of Commission document:
     COM(2003) 33 final

  6. Dealt with in Brussels by
     Working Party of Veterinary Experts (Public Health)
     Coreper
     Agriculture and Fisheries Council

  7. Department with primary responsibility
     Department of Agriculture and Food

  8. Other Departments involved
     Department of Communications, Marine and Natural Resources
     The Food Safety Authority of Ireland (FSAI)

  9. Short summary and aim of the proposal
     On 14 July 2000, the Commission adopted a package of five proposals to recast
     food hygiene legislation by consolidating and updating existing legislation while
     placing primary responsibility for food safety on food business operators. This is
     the second proposal of the package and it aims to consolidate, update and
     establish detailed hygiene rules for food business operators handling food of
     animal origin.

  10. Legal basis of the proposal
      Article 152 (4)(b) of the European Treaty.

  11. Voting Method
      Qualified majority.

  12. Role of the EP
      Co-decision.




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  13. Category of proposal
      Some significance.

  14. Implications for Ireland
      This proposal recasts and simplifies existing EU legislation concerning hygiene
      rules for food of animal origin which is already being implemented in Ireland.
      Most of the provisions in the proposal have already been implemented in
      accordance with the thirteen Council Directives listed on page 39. The
      underlying intention of the recast of the legislation is that food producers will bear
      full responsibility for the safety of the food they produce; however, ante- and
      post-mortem inspection of animals will remain the responsibility of official
      veterinarians.

  15. Anticipated negotiating period
      This proposal amends an earlier proposal so as to take account of the amendments
      of the European Parliament that were accepted by the Commission. At the
      Agriculture and Fisheries Council on 16/17 December 2002 there was unanimous
      political agreement on the original proposal. The Council agreed, however, not to
      formally adopt a common position until discussions on the third and fifth
      proposals in the hygiene package had made sufficient progress to guarantee the
      consistency of the various components of the package and of their application
      dates. The Greek Presidency envisages adoption of common positions on all the
      outstanding proposals in the package at the Agriculture and Fisheries Council on
      10-11 June 2003.

  16. Proposed implementation date: Unspecified


  17. Consequences for national legislation
      Regulation is directly applicable. Additional national legislation may however be
      required.

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

  Date 12 March 2003




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COM (2003)33

                      ADDITIONAL INFORMATION SUBMITTED
                 EU PROPOSALS IN RELATION TO FOOD HYGIENE


Commission proposals
The EU Commission has made proposals to revise and consolidate Community legislation
in relation to food hygiene along with the production, control and marketing of products of
animal origin and animal health issues in relation to the production of those products. In
all, 17 directives dating back to 1964 will be revised in 4 proposed new regulations that
will provide for
     o Hygiene of foodstuffs (H1)
   o Hygiene rules for food of animal origin (H2)
   o Official controls on products of animal origin intended for human consumption
       (H3)
   o Animal health rules governing the production, marketing and importation of
       products of animal origin intended for human consumption (H4)


Although the Commission’s proposals are primarily motivated by the necessity to ensure
high levels of public health protection in relation to food production, this recast will
provide the opportunity to simplify the range of complicated and often overlapping
legislation which has evolved in this area over the past 30 or so years.


The underlying philosophy of the Commission’s proposals is that food producers will bear
full responsibility for the safety of the food they produce. This is made possible by the
development of hazard analysis and critical control point (HACCP) principles and is in
line with internationally accepted procedures. These principles take into account the
variety of different operations, both in terms of products and scale of operation, and
provide operators with the flexibility to adapt ‘own checks’ control systems to the specific
requirements of their operation. Although it is proposed that general hygiene rules be
extended to cover hygiene at farm level and will operate on a risk analysis basis, it is not
proposed to have a formal implementation at the primary production level at this stage.


The first proposal (H1) on hygiene of foodstuffs provides for the following:
   o all food business operators to be registered



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   o all food business operators to have prime responsibility for the safety of the food
       they produce
   o implementation of Hazard and Critical Control Point (HACCP) systems by food
       business operators (with the exception of primary producers)
   o the establishment of guides to good practice by the food sectors so as to give to
       food business operators on food safety and implementation of HACCP
   o flexibility for food businesses in remote areas, traditional methods of food
       production and implementation of HACCP


Discussions on this proposal were concluded at Council Working Party level completed
under the Spanish Presidency and political agreement was reached on this proposal at the
Agriculture Council last June.

The second proposal (H2) on hygiene rules for food of animal origin applies to
unprocessed and processed products of animal origin (i.e. meat, poultrymeat, milk, eggs,
fish and molluscs and composite products made from products of plant origin and
processed products of animal origin). The proposal provides
    o that food business operators may not market products of animal origin produced in
       the Community unless they have been processed entirely in establishments which
       are registered and, depending on the level of risk to public health, approved by the
       competent authority
    o the competent authority shall not approve establishments unless an inspection prior
       to the commencement of operations shows that they satisfy the hygiene
       requirements set out in the proposal
    o Member States may adapt some requirements to accommodate the requirements of
       establishments situated in regions suffering from geographic constraints and
       serving only the local market
    o measures covering the importation of food of animal origin from third countries.

Discussions on the second proposal were concluded at Council Working Party level
completed under the Danish Presidency and political agreement was reached on this
proposal at the Agriculture Council last December.

The 17 Directives being replaced are
   o Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs
   o Council Directive 64/433/EEC of 26 June 1964 on health conditions for the
       production and marketing of fresh meat, as last amended by Directive 95/23/EC
   o Council Directive 71/118/EEC of 15 February 1971 on health problems affecting
       the production and placing on the market of fresh poultrymeat, as last amended by
       Directive97/79/EC
   o Council Directive 72/461/EEC of 12 December 1972 on health problems affecting
       intra-Community trade in fresh meat, as last amended by the Act of Accession of
       Austria, Finland and Sweden




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  o Council Directive 77/96/EEC of 21 December 1976 on the examination for
    trichinae (Trichinella spiralis) upon importation from third countries of fresh meat
    derived from domestic swine, as last amended by the Act of Accession of Austria,
    Finland and Sweden
  o Council Directive 77/99/EEC of 21 December 1976 on health problems affecting
    the production and marketing of meat products and other products of animal
    origin, as last amended by Directive 97/76/EC
  o Council Directive 80/215 of 22 January 1980 on animal health problems affecting
    intra-Community trade, as last amended by the Act of Accession of Austria,
    Finland and Sweden
  o Council Directive 89/362/EEC of 26 May 1989 on general conditions of hygiene in
    milk production holdings
  o Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems
    affecting the placing on the market of egg products, as last amended by Directive
    92/23/EC
  o Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions
    for the production and placing on the market of live bi-valve molluscs, as last
    amended by Directive 97/79/EC
  o Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions
    for the production and placing on the market of fisheries products, as last amended
    by Directive 97/79/EC
  o Council Directive 91/494/EEC of 26 June 1991 on animal health conditions
    governing intra-Community trade in and imports from third countries of fresh
    poultrymeat, as last amended by Directive 93/121/EC
  o Council Directive 91/495/EEC of 27 November 1990 concerning public health and
    animal health problems affecting the production and placing on the market of
    rabbit meat and farmed game meat, as last amended by the Act of Accession of
    Austria, Finland and Sweden
  o Council Directive 92/45/EEC of 16 June 1992 on public health and animal health
    problems relating to the killing of wild game and the placing on the market of wild
    game meat, as last amended by Directive 97/79/EC.




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2.3 COM (2003) 18 - Information Note

1.   Proposal
     Proposal for a Council Directive on the control of high activity sealed radioactive
     sources.

2.   Title
     Proposal for a Council Directive on the control of high activity sealed radioactive
     sources.

3.   Date of Council document: 24/01/2003

4.   Number of Council document: 5763/03

5.   Number of Commission document:COM(2003)18

6.   Dealt with in Brussels by: Atomic Questions Working Group

7.   Department with primary responsibility
     The Department of Environment & Local Government would have primary
     responsibility. The Regulations implementing the Directive would be enforced by
     the Radiological Protection Institute of Ireland (RPII).

8.   Other Departments involved
     The Departments of Transport; Health and Children; Education and Science;
     Enterprise Trade and Employment; and the Customs and Excise Section of
     Revenue might be expected to have some interest in the proposal. Hospitals, third
     level educational establishments and a number of industrial enterprises use high
     activity sealed sources.

9.   Short summary and aim of the proposal
     Radioactive sources are used throughout the world for a wide variety of purposes
     notably in industry, medicine and research. The risks posed by such sources vary
     widely, depending on their activity, contained radionuclides, construction, etc.
     Risks associated with the planned use of the sources are normally well known. In
     the European Union, the use of radioactive sources is subject to the requirements
     set out by the radiation protection legislation adopted pursuant to the Euratom
     Treaty, in particular the Council Directive 96/29 Euratom of 13 May 1996 laying
     down basic safety standards for the protection of the health of workers and the
     general public against dangers arising from ionising radiation “Basic Safety
     Standards Directive ”.        In Ireland, the principle Statutory Instrument
     implementing radiation protection legislation is the Radiological Protection Act,
     1991 (Ionising Radiation) Order, 2000 [SI No. 125 of 2000].

     Recently, however, a number of events have drawn the Commission’s attention to
     the problem of sources that for various reasons are not under control. Such
     “orphan” sources may be recovered by persons, whether workers or members of



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      the public, unaware of the possible risks. This has led to serious radiation injuries
      and in some cases, although not in the European Union, to death. Inadvertent
      melting down of sources discarded as scrap metal has also, in a number of cases,
      resulted in serious contamination of property and in the need to invoke expensive
      clean-up procedures.

      The aim of the proposed directive is to complement the Basic Safety Standards
      Directive by strengthening the control by competent national authorities on those
      sealed radioactive sources posing the greatest risk and to emphasise the
      responsibilities of holders of such sources.

10.   Legal basis of the proposal: Articles 31(2) and 32 of the Euratrom Treaty.

11.   Voting Method: QMV

12.   Role of the EP: Consulted

13.   Category of proposal: Some Significance

14.   Implications for Ireland
      In Ireland, the custody or use of radioactive sources is not permitted except under
      a licence issued by the Radiological Protection Institute of Ireland. Licences have
      particular conditions attached relating to safe use of sources and also to the proper
      management of sources when they become disused. The particular requirements
      regarding financial provision for the end of life of the source as set out in Article
      3 are not currently included in the RPII licensing regulations. With this notable
      exception, the provisions of the proposal in this regard should not require
      additional measures in Ireland.

      However, the proposal (Article 3) obliges Member States to make arrangements
      for the management of high activity sources, including when they become disused
      sources. Article 6 of the proposal requires holders of such sources to return or
      transfer sources to a supplier or to a recognised installation for the recycling,
      long-term storage or disposal without undue delay after termination of the use. In
      practice these requirements will place an obligation on Ireland to provide a
      dedicated storage facility for such sources.

      Article 9 of the proposal deals specifically with “orphan sources”. The measures
      proposed require the establishment of controls where orphan sources are most
      likely to appear, like large metal scrap yards, recycling installations or significant
      nodal transit points such as major ports and airports. In Ireland, the Irish Steel
      plant in Cobh did have radiation detection equipment installed, but this plant is
      now in liquidation. There are currently no such controls at scrap metals yards or
      customs stations, and this requirement would need to be addressed.

15.   Anticipated negotiating period: Negotiation to be completed by end 2003

16.   Proposed implementation date
      Phased implementation from date of transposition of between 24 and 48 months.



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17.   Consequences for national legislation
      It is believed that the current system of regulatory control (SI No 125 of 200)
      whereby all activities, including custody of radioactive sources require a licence
      from the RPII, and where the RPII is empowered to attach conditions to the
      licence, will meet most if not all of the requirements of the Directive. However
      the full consequences will only become clear when the draft has been finalized. It
      is noted that (Article 11) that a system of guarantees for damage to human health
      will be required, which may require additional legislation. The establishment of
      specific controls for orphan sources may also require additional legislation.

18.   Consequences for the EU budget in euros annually
      None [The main obligations of the proposal would rest on the manufacturers and
      holders of such sources as well as the Member States]

      March 2003




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2.4 COM (2003) 77 - Information Note

                                    INFORMATION NOTE

1. Proposal
   Proposal for a Regulation on the statute and financing of European political parties.

2. Title
   Proposal for a Regulation by the European Parliament and of the Council on the
   statute and financing of European political parties.

3. Date of Council document: 19/02/2003

4. Number of Council document: 2003/0039 (COD)

5. Number of Commission document: COM (2003) 77

6. Dealt with in Brussels by: General Affairs Group

7. Department with primary responsibility
   Department of Environment and Local Government

8. Other Departments involved: Department of Foreign Affairs

9. Short summary and aim of the proposal
   The purpose of the proposal is to provide a solid and transparent long-term
   framework for European parties and their financing from the Community budget in
   recognition of the role envisaged for them under Article 191 of the Treaty which
   states:

   “Political parties at European level are important as a factor for integration
   within the Union. They contribute to forming a European awareness and to
   expressing the political will of the citizens of the Union”.

   9.1 The proposal will involve:

          registration with the European Parliament as a European political party under
           Article 3
          verification, as required in accordance with Article 4, that a party continues to
           meet its obligations as a registered party and
          application under Article 5 for financing and the conditions attached to such
           financing.

   The regulation also sets out the use to which financing can be put (Articles 6 and 7),
   control procedures (Article 8) and allocation arrangements (Article 9).

   9.2 In order to be registered a party must:




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            be present in at least three member states
            have participated or intend to participate in European Parliament elections
            have clearly defined bodies for financial management and
            have a statute that respects the basic purpose of the Union with regard to
             freedom, democracy, human rights, fundamental freedoms and the rule of law

   9.3       To qualify for funding, a party is required to have elected representatives in
             European or national or regional Parliaments in at least one-third of member
             states or have achieved at least 5% of the total vote in at least one-third of
             Member States.

   9.4       Available finance will be distributed in equal shares among the European
             political parties (15% of budget) and proportionately in accordance with the
             number of elected members (85% of budget). Financing may not be used to
             fund, directly or indirectly, political parties at national level or to finance
             election campaigns. It may be used to finance administrative and logistical
             support expenditure.

   9.5 Parties must commit themselves not to accept certain donations.

10. Legal basis of the proposal
    Article 191 of the EC Treaty

11. Voting Method
    QMV

12. Role of the EP
   Co-decision

13. Category of proposal
   This is a significant proposal providing for a registration and financing regime for
   European political parties. Beneficiaries will be registered European political parties
   that meet the conditions laid down in the Regulation so as to enable them to meet the
   objectives of Article 191 of the Treaty.

14. Implications for Ireland
    Irish MEP’s are members of five different European Parliament Groups.

   While there is no reference to political parties in the Constitution, Irish electoral law
   does provide for recognition of parties at State elections: section 25 of the Electoral
   Act 1992 sets out the procedures for their registration. Under the Act, the Registrar of
   Political Parties (Clerk of the Dáil) must register a political party that applies to be
   registered and that meets certain requirements: the party must be organised in the
   State or in part of the State to contest a Dáil, European, local or Udaras elections.
   Where a party is registered to contest a European election and is a member of a
   political group of the European Parliament, the name of that group may be registered
   on the register. The name of the political group may appear on a candidate’s ballot




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   paper at a European election.

   Financial support for the political system exists in the form of direct state funding of
   political parties, recoupment of election expenses to candidates at an election and the
   party leaders’ allowance scheme.

15. Anticipated negotiating period
    Not known.

16. Proposed implementation date
    Not known.

17. Consequences for national legislation: None

18. Consequences for the EU budget in Euro annually: €8.4m per annum.

   Date:      14 March 2003




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2.5 COM (2003) 75 - Information Note


              Information Note on European Commission Green Paper

1.     Title
Procedural Safeguards for suspects and defendants in criminal proceedings throughout
the European Union.

2.     Date of Commission
Presented 19 February, 2003.

3.    Number of Commission Green Paper
Com (2003) 75 final

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

5.     Other Departments involved
While the issues arising are primarily issues for the lead Department, other Departments
may have input relating for example to identification of vulnerable categories, (Health)
and the provision of consular assistance (Department of Foreign Affairs).

6.      Short Summary of the Proposal
Following the publication of a consultation paper, a questionnaire to all Member States
and an experts meeting on the subject the Green Paper is a further step in the consultation
process on establishing what the Commission consider to be the desirable achievement of
minimum common standards throughout the European Union of procedural safeguards in
respect of persons, accused of, prosecuted for and sentenced in respect of criminal
offences. The Commission considers that such common standards are important so that
judicial authorities can have confidence in the judicial systems of other Member States.
The Green Paper has identified the following areas as appropriate for consideration in
this respect:-
   - Access to legal representation, both before the trial and at trial
   - Access to interpretation and translation
   - Notifying suspects and defendants of their rights (“Letter of Rights”)
   - Ensuring that vulnerable suspects and defendants in particular are properly
        protected
   - Consular assistance to foreign detainees
The Commission also raises the issue of a system to monitor compliance with the
safeguards. The Commission intends to propose a Framework Decision to provide for
procedural safeguards when the consultation process is complete.

7. Implications for Ireland.
The Minister would question whether there is EU competence for standardisation of
criminal procedural law in the manner envisgaged in the Green Paper. The end result of
the consultation process will be a Commission proposal for a Framework Decision. As
Ireland could only constitutionally accept such a proposal if the subject matter is within



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EU competence any proposal for a Framework Decision relating to criminal procedural
law would have to be limited to what is appropriate and necessary in acordance with the
provisions of the Treaty on European Union.

In addition, from a practical point of view there could be resource implications arising
from the current proposals, for example, any proposal to establish a national register of
translators and interpreters and a national system of training, accreditation and
development for them.

8. Deadline for submission of reactions:
The Commission has requested responses to the Green Paper by 15 May 2003.

Date of Submission:
10 March 2003




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                                     Appendix 5

               INFORMATION NOTES ON PROPOSALS DETAILED IN
                        SECTION 3 OF THIS REPORT

3.1 COM (2003) 53 - Information note


1.    Proposal
To amend for the second time Regulation (EC) No 2368/2002 implementing the
Kimberley Process certification scheme for the international trade in rough diamonds.


2.      Title
Proposal for a COUNCIL REGULATION amending for the second time Regulation (EC)
2368/2002 implementing the Kimberley Process certification scheme for the international
trade in rough diamonds.

3.     Date of Council document: 10/02/2003.

4.     Number of Council document: 6166/03.

5.      Number of Commission document: COM (2003) 53 final.
http://europa.eu.int/eur-lex/pri/en/lip/latest/doc/2003/com2003_0053en01.doc

6.     Dealt with in Brussels by: Customs Union Working Group.

7.    Department with primary responsibility
Department of Communications, Marine and Natural Resources.

8.    Other Departments involved
Department of Enterprise, Trade and Employment; Office of the Revenue Commissioners;
Department of Foreign Affairs.

9.     Short summary and aim of proposal
This Regulation sets up a Community system of certification and import and export
controls for the purposes of implementing the Kimberley Process certification scheme.
Present proposal is to implement suspended elements for regulation with effect from
01/02/2003. Adopted by Council on 11/02/2003 (OJ Ref L/2003/36/7).

10.    Legal basis of the proposal: Article 133.

11.    Voting Method: QMV.

12.    Role of the EP: None.

13.    Category of proposal: Some significance.




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14.   Implications for Ireland:
Whether community authority for export and import are required.

5.     Anticipated negotiating period: Unknown.

16.    Proposed implementation date: 01/02/2003.


17.    Consequences for national legislation
Statutory Instrument Order needed for “national housekeeping”.

18.   Consequences for the EU budget in euros annually
None.

Date:07/03/2003




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3.2 COM (2003) 59 - Information note
                                 Information Note
1. Proposal
Proposal for a Council Regulation on the measures that may be taken by the Commission
in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard
measures

2. Title
Same as proposal

3. Date of Council document
 11 February 2003

4. Number of Council document
No. 6192/03 COMER 35

5. Number of Commission document:
COM (2003) 59 final

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

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

8. Other Departments involved
N/A

9. Short summary and aim of the proposal
In theory the importation of certain goods may be subject to both anti-dumping (AD) and
anti-subsidy (AS) measures on the one hand and safeguard tariff measures on the other.
The Commission foresees that such a situation could occur in practice as steel safeguard
measures were imposed in 2002. The Commission and Member States recognize that a
combination of AD/AS measures with safeguard measures on the same products could
have a greater effect than intended or desirable in terms of the Community's trade defense
policy and objectives. In particular, such a combination of measures could place an
undesirably onerous burden on certain exporting producers seeking to export to the
Community, which may have the effect of denying them access to the Community market.
The aim of the proposal is that where such a circumstance arises, the Commission can
address it through amending, suspending, repealing, exempting AD/AS measures or by
other means considered appropriate in the circumstances.




                                           38
TENTH REPORT                                             SUB-COMMITTEE ON EUROPEAN
SCRUTINY


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

11. Voting Method
Simple majority

12. Role of the EP
No consultation in trade defence cases.

13. Category of proposal
Some significance.

14. Implications for Ireland
This is regarded as an improvement in the operational framework of the AD/AS and
Safeguard measures commensurate with these proposed enhancements being WTO
compatible. Ireland favours enhancements in the operation of these mechanisms and to
the balanced approach being proposed.

15. Anticipated negotiating period
For adoption by Council Regulation

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

17. Consequences for national legislation
None

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


Date 18 March 2003




                                           - 39 -
TENTH REPORT                                             SUB-COMMITTEE ON EUROPEAN
SCRUTINY



                                       Appendix 6

               INFORMATION NOTES ON PROPOSALS DETAILED IN
                        SECTION 4 OF THIS REPORT

4.1 COM (2003) 60 - Information note
1. Proposal
Proposal for a Council regulation establishing a specific Facilitated Transit document
(FTD), a Facilitated rail transit Document (FRTD) and amending the Common Consular
Instructions and the Common Manual.

Proposal for a Council Regulation on uniform formats for facilitated transit Documents
(FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC)
No...

2. Title
Proposal for a Council regulation establishing a specific Facilitated Transit document
(FTD), a Facilitated rail transit Document (FRTD) and amending the Common Consular
Instructions and the Common Manual.

Proposal for a Council Regulation on uniform formats for facilitated transit Documents
(FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC)
No...

3. Date of Council Document
12/2/2003

4. Number of Council document
6226/03

5. Number of Commission document
Com (2003) 60 final

6. Dealt with in Brussels in by
Visa Working Group

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

8. Other Departments involved
None

9. Short summary and aim of the proposal.
Kaliningrad is a small Russian enclave bordered by Poland and Lithuania with a
population estimated to be in the region of 1 million. In order for the Russian nationals




                                           - 40 -
TENTH REPORT                                              SUB-COMMITTEE ON EUROPEAN
SCRUTINY


living there to reach Russia proper by land ( and in order for other Russian nationals to
visit the enclave ) transit through new Member States and in particular Lithuania is
necessary.

The Facilitated Transit Document ( FTD) and the Facilitated Rail Transit Document
(FRTD) represent an authorisation to enter EU/Schengen territory. They are not a visa but
are deemed to substitute for and deemed to be equivalent to a transit visa.

10.
11. Legal basis of the proposal
Article 62 (2) of the Treaty establishing the European Community. Article 62 (2) relates to
rules on the crossing of the external borders of the Member States.

The accession treaty will contain an article stipulating that the provisions of the Schengen
acquis, the acts building upon it or otherwise related to it, listed in the annex to that
Article, shall be binding on and applicable in the new member states as from accession.
The provisions and acts not referred to in that annex, while binding on new Member States
as from accession, will only become applicable in the new Member States following a
special Council decision to that effect, made in accordance with that Article.

11. Voting Method
Those provisions which come under Article 62(2)(b) (i) and (iii) shall be adopted by
qualified majority. Those coming under Article 62(2)(a) and 62(2) (b) (ii) and (iv) shall be
adopted by unanimity.

12. Role of the European Parliament
The opinion of the European Parliament will be sought.

13. Category of proposal
This is of significance to the Schengen States and the accession states, particularly
Lithuania.

14. Implications for Ireland.
This is a Schengen measure and does not have any significance for Ireland.

15. Anticipated Negotiating Period
Unknown

16. Proposed Implementation Date
Unknown

17. Consequences for national legislation
None

18. Consequences for the EU budget in euros annually
Unknown

Date: 11 March 2003




                                           - 41 -

				
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