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					           Tithe an Oireachtais

   An Comhchoiste um Ghnóthaí Eorpacha
      An Fochoiste um Iniúchadh Eorpach



      An Naoú Tuarascáil is Fiche,
Tuarascáil ar Chruinniú an 11 Márta 2004



          ________________________




        Houses of the Oireachtas

     Joint Committee on European Affairs
       Sub-Committee on European Scrutiny




          Twenty Ninth Report,
 Report of the Meeting of 11 March 2004
                  Sub-Committee on European Scrutiny
                              Twenty Ninth Report
             (Report of the Meeting of 11th March 2004)



Decisions of the Sub-Committee on European Scrutiny.

The Sub-Committee on European Scrutiny at its public meeting of 11 March 2004,
scrutinised twenty four European Union legislative proposals and other documents. It was
agreed that fourteen of the proposals submitted to the Sub-Committee did not warrant further
scrutiny and would not be referred to an Oireachtas Committee. The Agenda included two
adopted proposals, relating to bilateral agreement between the EC and the Republic of
Belarus on trade in textile products and the amending of the ‗Culture 2000‘ programme
which by necessity have been adopted very quickly.

Of the remaining proposals examined, it was agreed that four proposals were deemed to
warrant further scrutiny and should be referred to the appropriate Oireachtas Committee.
These proposals concerned;
-   Proposed Regulation on materials and articles intended to come into contact with food.
-   Services in the Internal Market.
-   The placing on the market of sweet corn from genetically modified maze.
-   Volatile organic compounds and the use of organic solvents in decorative paints and
    varnishes.

The Sub-Committee also considered a Title IV Measure concerning the signing of the
Agreement between the EC and the Republic of Albania on readmission of persons residing
without authorisation. It was agreed that the proposal should be forwarded to the Joint
Committee on Justice, Equality, Defence and Women‘s Rights for information in advance of
any decision to seek formal approval from both Houses which would be required prior to
Ireland‘s participation in the measures.
The final category of documents considered by the Sub-Committee were CFSP measures
which concerned the Common Council Position on restrictive measures against Liberia,
Zimbabwe and the Transnistrian region of the Moldovan Republic.

The documents considered are listed in the report along with the specific decision taken by
the Sub-Committee in each case. The full texts of the information notes provided by
Government Departments are contained in the Appendices to the report.




Gay Mitchell T.D
Chairman.

11 March 2004
Contents

                                                                                         Pages
                        List of Members                                                   v, vi
Section 1:              Proposals where the Sub-Committee agreed that no further
                        scrutiny required.
1.1    COM (2003) 847   Proposal for a Directive of the European Parliament and of the   1, 40
                        Council on pollution caused by certain dangerous substances
                        discharged into the aquatic environment of the Community
1.2    COM (2003) 851   Proposal for a Council Decision on the conclusion of an          3, 43
                        Agreement in the form of an exchange of Letters between the
                        European Community and the Czech Republic modifying the
                        Agreement concluded on 13 April 2000 concerning the
                        extension of the common communication network/common
                        systems interface (CCN/CSI) within the framework of the
                        Convention on a common transit procedure
1.3    COM (2003) 856   Proposal for a Council Decision concerning the conclusion of     4, 46
                        the Agreement between the European Community and the
                        Republic of India on customs co-operation and mutual
                        administrative assistance in customs matters.
1.4    COM (2004) 16    Proposal for a Directive of the European Parliament and of the
                        Council on the limitation of emissions of volatile organic
                        compounds due to the use of organic solvents in the decorative
                        paints and varnishes and vehicle refinishing products and
                        amending Directive 1999/13/EC
1.5    COM (2004) 17    Amended proposal for a Decision of the European Parliament       6, 49
                        and of the Council establishing a Community action
                        programme to promote organisations active at European level
                        in the field of equality between men and women
1.6    COM (2004) 19    Directive of the European Parliament and of the Council on the   7, 51
                        Quality of Fresh Waters Needing Protection or Improvement in
                        order to Support Fish Life (Codified Version)
1.7    COM (2004) 32    Council Regulation on the conversion rates between the euro      8, 53
                        and the currencies of the Member States adopting the euro




                                          i
1.8     COM (2004) 36    Council Decision on the signature and conclusion of the             9, 55
                         Agreement between the European Community and the United
                         States of America on intensifying and broadening the
                         Agreement of 28 May 1997 on customs co-operation and
                         mutual assistance in customs matters to include co-operation on
                         Container Security and related matters
1.9     COM (2004) 39    Proposal for rules to apply to medals and tokens similar to euro   10, 57
                         coins in both Euro Participating and Non Participating Member
                         States
1.10    COM (2004) 81    Proposal for a Council Decision granting the Czech Republic,       11, 59
                         Estonia, Hungary, Latvia, Lithuania, Slovenia and Slovakia
                         certain temporary derogations from Directive 2002/96/EC on
                         waste electrical and electronic equipment


Section 2:               Proposals referred to Sectoral Committees for further
                         scrutiny
2.1    COM (2003) 689    Regulation of the European Parliament and of the Council on        15, 66
                         materials and articles intended to come into contact with food

2.2    COM (2004) 2      Proposal for a Directive of the European Parliament and of the     16, 68
                         Council on services in the internal market



Section 3:               Proposals Adopted prior to scrutiny
3.1    COM (2003) 798    Proposal for a Council Decision on the proposed application of     23, 81
                         a bilateral agreement between the European Community and
                         the Republic of Belarus on trade in textile products


Section 4:               CFSP Measures
4.1    CFSP (2004) 137   Council Common Position 2004/137/CFSP of 10 February               27, 89
                         2004 concerning restrictive measures against Liberia and
                         repealing Common Position 2001/357/CFSP
4.2    CFSP (2004) 161   Council Common Position renewing restrictive measures              28, 91
                         against Zimbabwe

4.3    CFSP (2004) 179   Council Common Position of 23 February 2004 concerning
                         restrictive measures against the leadership of the Transnistrian
                         region of the Moldovan Republic




                                           ii
Section 5:          Documents Deferred From Previous Meeting
5.1 COM (2004) 67   Proposal for a Council Regulation amending Regulation (EEC)   29, 93
                    No 3030/93 on common rules for imports of certain textile
                    products from third countries



Appendix 1:         Terms of Reference                                               37
Appendix 2:         Information notes on Proposals in Section 1 above                40
Appendix 3:         Information notes on Proposals in Section 2 above                66
Appendix 4:         Information notes on Proposals in Section 3 above                81
Appendix 5:         Information notes on Proposals in Section 4 above                89
Appendix 6:         Information notes on Proposals in Section 5 above                93




                                      iii
                      Sub-Committee on European Scrutiny
                              List of Members


             Deputies:         Gay Mitchell (FG) - Chairman




                               Pat Carey (FF)




                               Marian Harkin (Ind)




                               Michael Mulcahy (FF)




                               Mae Sexton (PD)




             Senators:         John Dardis1 (PD)




                               Paul Bradford (FG)




1
    As on 28th November 2002


                                                iv
              Alternates


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


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




2
    Replaced Deputy Jack Wall by order of the Dail 7th November 2002



                                                      v
Section 1.
Proposals where the Sub-Committee agreed that no further
scrutiny was required.

1.1   COM (2003) 847
      Proposal for a Directive of the European Parliament and of the Council on pollution
      caused by certain dangerous substances discharged into the aquatic environment of the
      Community
      Lead Department:         Environment, Heritage and Local Government
      Other Department(s):    Agriculture and Food, Communications, Marine and Natural
                              Resources


Lead Department Summary.
The purpose of this proposal is to undertake a codification or consolidation of      Council
Directive 76/464/EEC of 4 May 1976 on pollution caused by certain       dangerous substances
discharged into the aquatic environment of the Community          – commonly known as the
Dangerous Substances Directive. The new Directive        will supersede the various acts to be
incorporated in it; the proposal fully preserves the content of the acts being codified and
hence does no more than bring together with only such formal amendments as are required by
the codification exercise itself (for example the Legal Base is now Article 175 of the new
Treaty whereas it was Articles 100 and 235 of the old Treaty.) Where the Articles have been
given new numbers, the correlation between the old and the new numbers is shown in a table
contained in Annex 111 to the codified Directive.

Conclusion




                                              1
1.2   COM (2003) 851
      Proposal for a Council Decision on the conclusion of an Agreement in the form of an
      exchange of Letters between the European Community and the Czech Republic
      modifying the Agreement concluded on 13 April 2000 concerning the extension of the
      common communication network/common systems interface (CCN/CSI) within the
      framework of the Convention on a common transit procedure
      Lead Department:        Finance/Office of the Revenue Commissioners
      Other Department(s):   None



Lead Department Summary.
Decision Nos. 1/99 and 2/99 lay down that a computer network is required by all Contracting
Parties to the Convention of 20 May 1987 on a Common Transit Procedure to exchange
information and prescribes that the network be the Common Communications
Network/Common Systems Interface (CCN/CSI). The financing for the provision of the
CCN/CSI link for the Czech Republic was laid down in an agreement between that country
and the European Community which was concluded by an exchange of letters on 13 April
2000. Subsequent to the inclusion of the Czech Republic in the PHARE project, expenses
relating to the provision of the CCN/CSI link will now be paid from the pre-accession funds
instead of under the arrangements provided for in the 13 April 2000 Agreement. This
Council Decision amends the Agreement to reflect this change.

Conclusion




                                             2
1.3   COM (2003) 856
      Proposal for a Council Decision concerning the conclusion of the Agreement between
      the European Community and the Republic of India on customs co-operation and
      mutual administrative assistance in customs matters.
      Lead Department:       Revenue Commissioners/Department of Finance
      Other Department(s): None


Lead Department Summary.

By Decision of 5 April, 1993 the Council authorised the Commission to conduct negotiations
with a view to concluding Agreements on Customs Co-operation and Mutual Administrative
Assistance in Customs Matters between the European Community and some of its main
trading partners: USA, Canada, Republic of Korea, Hong Kong and Japan. At the time, the
Council also decided that the brief could be extended to other countries should the need arise.

Subsequently, on 27-28 January, 2003, the Council adopted a Decision authorising the
Commission to negotiate such an Agreement on behalf of the European Community with
India. A number of meetings have taken place between both parties and the proposed text for
the Agreement has been agreed. Agreements of this kind are standard in nature. The format
and text of this Agreement are compatible with Agreements which have been concluded with
many other countries. This proposal seeks approval from Council to enable the Agreement to
be signed as soon as possible.

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




                                               3
1.4   COM (2004) 16
      Proposal for a Directive of the European Parliament and of the Council on the limitation
      of emissions of volatile organic compounds due to the use of organic solvents in the
      decorative paints and varnishes and vehicle refinishing products and amending
      Directive 1999/13/EC
      Lead Department:          Environment, Heritage and local Government
      Other Department(s):    Enterprise, Trade and Employment, Enterprise Ireland and the
                              Health and Safety Authority


Lead Department Summary.
Volatile organic compounds (VOCs) are air pollutants. They can have detrimental effects on
human health by contributing to respiratory illnesses, and by the formation (in chemical
interaction with sunlight and oxides of nitrogen) of ground-level ozone which can have
adverse environmental effects e.g. crop, vegetation and materials damage, reduced visibility.
VOCs have various sources, such as vehicle emissions and fuel combustion. Another large
source is the use of organic solvents industrially, commercially and domestically.

The proposal requires the limitation of the amount of VOCs in certain paints and varnishes
used by professionals (including in house painting and vehicle spraying uses) and for DIY
purposes. This will reduce the ozone precursors in these products. It will enable Ireland more
easily to achieve its national emission ceiling for VOCs as required by 2010 under Directive
2001/81/EC and the UNECE ―Gothenberg‖ Protocol. This proposal builds on Directive
1999/13/EC transposed into national law in November 2002 which sets performance
standards (e.g. emission limit values) for certain SMEs who use organic solvents (including
in the vehicle refinishing sector). The new proposal is product-related and so extends
measures to reduce VOCs beyond SMEs, and will assist these firms comply with Directive
1999/13/EC.

Conclusion




                                              4
1.5   COM (2004) 17
      Amended proposal for a Decision of the European Parliament and of the Council
      establishing a Community action programme to promote organisations active at
      European level in the field of equality between men and women
      Lead Department:          Justice, Equality and Law Reform
      Other Department(s):     None


Lead Department Summary.
In June 2003, the European Commission presented a proposal for a European Parliament and
Council Decision establishing a Community action programme to promote Organisations
active at European level in the field of equality between men and women. The objective of
this Decision is to provide a basic instrument for awarding an operating grant to organisations
active at European level in the field of equality between men and women for the years 2004
and 2005. The obligation to adopt such a basic act for the financing of the action programme
results from Council Regulation (EC, Euratom) No. 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the European Communities.

Conclusion




                                              5
1.6   COM (2004) 19
      Directive of the European Parliament and of the Council on the Quality of Fresh Waters
      Needing Protection or Improvement in order to Support Fish Life (Codified Version)
      Lead Department:        Environment, Heritage and Local Government
      Other Department(s):   Communications, Marine and Natural Resources


Lead Department Summary.
The purpose of this proposal is to undertake a codification of Council Directive 78/659/EEC
of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to
support fish life. 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 (for example the Legal Base is now Article 175 of the new Treaty whereas it
was Articles 100 and 235 of the old Treaty). Where the Articles have been given new
numbers, the correlation between the old and the new numbers is shown in a table contained
in Annex IV to the codified Directive.

Conclusion




                                             6
1.7   COM (2004) 32
      Council Regulation on the conversion rates between the euro and the currencies of the
      Member States adopting the euro
      Lead Department:       Finance
      Other Department(s):   None


Lead Department Summary.

The purpose of this proposal is to undertake a codification (consolidation) of Council
Regulation (EC) No 2866/98 (31 December 1998) on the conversion rates between the euro
and the currencies of the Member States adopting the euro. This new Regulation supersedes
the existing two regulations and brings them together. The proposal fully preserves the
content of the regulations being codified and hence does no more than bring them together
with only such formal amendments as are required by the codification exercise itself. Given
that no changes of substance may be made to the instruments affected by codification, the
European Parliament, the Council and the Commission have agreed, by inter-institutional
agreement that an accelerated procedure may be used for the fast-track adoption of
codification instruments.

Conclusion




                                              7
1.8   COM (2004) 36
      Council Decision on the signature and conclusion of the Agreement between the
      European Community and the United States of America on intensifying and broadening
      the Agreement of 28 May 1997 on customs co-operation and mutual assistance in
      customs matters to include co-operation on Container Security and related matters
      Lead Department:        Revenue Commissioners/Department of Finance
      Other Department(s):   None


Lead Department Summary.


Conclusion




                                           8
1.9   COM (2004) 39
      Proposal for rules to apply to medals and tokens similar to euro coins in both Euro
      Participating and Non Participating Member States
      Lead Department:         Finance
      Other Department(s):    Central Bank and Financial Services Authority of Ireland will
                              have a significant role in its implementation.


Lead Department Summary.


Conclusion




                                              9
1.10 COM (2004) 81
     Proposal for a Council Decision granting the Czech Republic, Estonia, Hungary, Latvia,
     Lithuania, Slovenia and Slovakia certain temporary derogations from Directive
     2002/96/EC on waste electrical and electronic equipment
     Lead Department:        Environment, Heritage and Local Government
     Other Department(s):    Enterprise, Trade and Employment


Lead Department Summary.

To grant a temporary derogation to the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Slovakia and Slovenia from the provisions of
    the first subparagraph of Article 5(5) of the Directive on Waste Electrical and
       Electronic Equipment - 2002/96/EC which is to achieve a rate of separate collection
       of at least four kilograms on average per inhabitant per year of household WEEE by
       31 December 2006 and
    Article 7(2) of the Directive on Waste Electrical and Electronic Equipment -
       2002/96/EC, which lays down certain minimum targets for the recovery of WEEE,
       which the Member States have to ensure that producers meet by 31 December 2006.

The Czech Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia may extend the 31
December 2006 time limit by 24 months to 31 December 2008.

Slovenia may extend the 31 December 2006 time limit by 12 months to 31 December 2007.

Conclusion




                                            10
Section 2.
Proposals referred to Sectoral Committees for further scrutiny.

2.1   COM (2003) 689
      Regulation of the European Parliament and of the Council on materials and articles
      intended to come into contact with food
      Lead Department:       Enterprise, Trade and Employment
      Other Department(s): Health and Children


Lead Department Summary.
The proposed regulation is mainly to replace an existing framework directive and subsequent
amending directives that has been in place since 1989. The proposed regulation provides for
technological developments in relation to manufacturing of food contact materials that have
taken place since then such as the increased use of active and intelligent packaging. It also
provides for traceability in relation to food contact materials.

Conclusion




                                             11
2.2   COM (2004) 2
      Proposal for a Directive of the European Parliament and of the Council on services in
      the internal market
      Lead Department:         Enterprise, Trade and Employment
      Other Department(s):    Many Government Departments will be affected by the
                              proposal


Lead Department Summary.

This proposal is part of the process of economic reform launched by the Lisbon European
Council with a view to making the EU the most competitive and dynamic knowledge-based
economy in the world by 2010. Achieving this goal means that the establishment of a genuine
internal market in services is indispensable. It has not hitherto been possible to exploit the
considerable potential for economic growth and job creation afforded by the services sector
because of the many obstacles hampering the development of service activities in the internal
market. This proposal forms part of the strategy adopted by the Commission to eliminate
these obstacles.
The aim of the proposal is to provide a legal framework that will eliminate the obstacles to
the freedom of establishment for service providers and the free movement of services
between the Member States, giving both the providers and recipients of services the legal
certainty they need in order to exercise these two fundamental freedoms. The proposal covers
a wide variety of economic service activities – with some exceptions, such as financial
services – and applies only to service providers established in a Member State.

Conclusion




                                             12
Section 3.
Proposals adopted prior to scrutiny

3.1   COM (2003) 798
      Proposal for a Council Decision on the proposed application of a bilateral agreement
      between the European Community and the Republic of Belarus on trade in textile
      products
      Lead Department:        Enterprise, Trade and Employment
      Other Department(s):    None


Lead Department Summary.

The proposed Council decision is in respect of the provisional application of a one year
extension of the existing Agreement between the EU and Belarus (non-WTO Member). This
is being done in the form of an initial exchange of letters between the EU Commission and
Belarus (pending formal approval of the Agreement at a later stage), amending the existing
agreement by the inclusion of textile quotas to apply for the period of the one year extension,
in 2004. These quotas are based on traditional trade flows into the EU from Belarus, together
with an upward adjustment to take account of the accession of the ten new members.

Conclusion




                                              13
Section 4.
CFSP Measures

4.1   CFSP (2004) 137
      Council Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive
      measures against Liberia and repealing Common Position 2001/357/CFSP
      Lead Department:        Foreign Affairs
      Other Department(s):   Enterprise, Trade and Employment


Lead Department Summary.
This Council Common Position implements UN Security Council Resolution 1521 (2003),
which sets out revised measures to be imposed against Liberia. Under this Resolution, the
travel ban, arms embargo and timber and diamond sanctions are renewed. However, the arms
embargo now takes account of the presence of UNMIL and the needs of any international
training programme of the Liberian armed forces and police.

Conclusion




                                           14
4.2   CFSP (2004) 161
      Council Common Position renewing restrictive measures against Zimbabwe
      Lead Department:      Foreign Affairs
      Other Department(s):    Justice, Equality and Law Reform, Central Bank of Ireland,
                              Enterprise, Trade and Employment (for follow-up action)


Lead Department Summary.
The Council Common Position on Zimbabwe, including restrictive sanctions against
designated Zimbabwean Government officials, expired on 20 February 2004. The Common
Position is a renewal of this Common Position as the situation in Zimbabwe has not
materially improved. The list of those to whom sanctions will apply requires updating to take
current realities into account i.e. deaths and changes of position in the Government of
Zimbabwe.

The aim of the proposed Common Position is to express the EU‘s concern at the situation in
Zimbabwe. The objective of the sanctions is to encourage leading members of the governing
party to desist from current practices of human rights violations and to instead, follow
policies that guarantee human rights and are in line with good governance.


Conclusion




                                             15
4.3   CFSP (2004) 179
      Council Common Position of 23 February 2004 concerning restrictive measures against
      the leadership of the Transnistrian region of the Moldovan Republic
      Lead Department:         Foreign Affairs
      Other Department(s):     Justice, Equality and Law Reform


Lead Department Summary.
The Member States of the European Union have agreed not to provide visas to allow for entry
into their territories by certain senior officials in the so-called ‗Nistrian Moldovan Republic‘,
a secessionist region of the Republic of Moldova. The aim of this proposal is to put pressure
on the authorities of the Transnistrian region of the Republic of Moldova to engage
constructively and in good faith in the five-sided negotiations towards a solution of the
conflict between Moldova and Transnistria.

Conclusion




                                               16
Section 5.
Documents Deferred from previous Meeting
5.1   COM (2004) 67
      Proposal for a Council Regulation amending Regulation (EEC) No 3030/93 on common
      rules for imports of certain textile products from third countries
      Lead Department:          Enterprise Trade and Employment
      Other Department(s):   None


Lead Department Summary.



Conclusion




                                          17
                                    Appendix 1

                  Joint Committee on European Affairs
                              Orders of Reference


Dáil Éireann on 16 October 2002 ordered:

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

(1)   (a)   That a Select Committee, which shall be called the Select Committee on European
            Affairs, consisting of 11 Members of Dáil Éireann (of whom four shall constitute a
            quorum), be appointed to consider—
            (i)      such Bills the statute law in respect of which is dealt with by the
                     Department of Foreign Affairs; and
            (ii)     such proposals contained in any motion, including any motion within the
                     meaning of Standing Order 157 concerning the approval by the Dáil of
                     international agreements involving a charge on public funds,
            as shall be referred to it by Dáil Éireann from time to time.
      (b)   For the purpose of its consideration of Bills and proposals under paragraphs
            (1)(a)(i) and (ii), the Select Committee shall have the powers defined in Standing
            Order 81(1), (2) and (3).
      (c)   For the avoidance of doubt, by virtue of his or her ex officio membership of the
            Select Committee in accordance with Standing Order 90(1), the Minister for
            Foreign Affairs (or a Minister or Minister of State nominated in his or her stead)
            shall be entitled to vote.
(2)   (a)   The Select Committee shall be joined with a Select Committee to be appointed by
            Seanad Éireann to form the Joint Committee on European Affairs to—
            (i)      scrutinise, in the context of European Union issues and measures to be
                     taken by the Council of Ministers of the European Union—
                     (I)          any proposals under the Community treaties for legislation by
                                  the Council or the Council acting jointly with the European
                                  Parliament,
                     (II)         any document which is published for submission to the
                                  European Council, the Council or the European Central Bank,
                     (III)        any proposal for a common strategy, a joint action or a common
                                  position under Title V of the Treaty on European Union which
                                  is prepared for submission to the Council or to the European


                                            18
                           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
                           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



                                      19
                    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
                     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.‘.‖




                                            20
                                    Appendix 2

              Information notes on Proposals detailed in
                       Section 1 of this Report

1.1    COM(2003) 847 - Information Note


1. Proposal

Codified Dangerous Substances Directive

2. Title

Proposal for a Directive of the European Parliament and of the Council on pollution caused
by certain dangerous substances discharged into the aquatic environment of the Community.

3. Date of Council document

13/01/2004

4. Number of Council document

5262/04

5. Number of Commission document:

COM (2003) 847 final

6. Dealt with in Brussels by

Environment Council and the Working Party on the Environment

7. Department with primary responsibility

Department of the Environment, Heritage and Local Government

8. Other Departments involved

Department of Agriculture and Food / Department of Communications, Marine and Natural
Resources

9. Short summary and aim of the proposal


                                           21
The purpose of this proposal is to undertake a codification or consolidation of      Council
Directive 76/464/EEC of 4 May 1976 on pollution caused by certain       dangerous substances
discharged into the aquatic environment of the Community          – commonly known as the
Dangerous Substances Directive. The new Directive        will supersede the various acts to be
incorporated in it; the proposal fully preserves the content of the acts being codified and
hence does no more than bring together with only such formal amendments as are required by
the codification exercise itself (for example the Legal Base is now Article 175 of the new
Treaty whereas it was Articles 100 and 235 of the old Treaty.) Where the Articles have been
given new numbers, the correlation between the old and the new numbers is shown in a table
contained in Annex 111 to the codified Directive.

10. Legal basis of the proposal

Article 175

11. Voting Method

QMV

12. Role of the EP

Co-decision

13. Category of proposal

No significance - purely technical.

14. Implications for Ireland

None – it is merely a consolidating measure.

15. Anticipated negotiating period

Not known but should be relatively swift.

16. Proposed implementation date

The Directive will enter into force twenty days after its publication in the Official Journal of
the European Union.

17. Consequences for national legislation

The existing Directive has been substantially implemented by the Local         Government
(Water Pollution) Acts 1977 and 1990, and by related Acts (e.g. the Environmental Protection
Agency Act 1992 and the Waste Management Act 1996) and Regulations. Water quality
standards for phosphorus were made in July 1998 by way of the Local Government (Water



                                               22
Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 (S.I. No.
258 of 1998).

Water quality standards for a range of other dangerous substances were made in January 2001
by way of the Water Quality (Dangerous Substances) Regulations 2001, (S.I. No. 12 of
2001).

Further implementation is envisaged in the context of implementing the Water Framework
Directive (2000/60/EEC) which has been transposed by way of the European Communities
(Water Policy) Regulations, 2003 (S.I. No. 722 of 2003).

18. Method of Transposition into Irish law

Not applicable.

19. Anticipated Transposition date

Not applicable.

20. Consequences for the EU budget in euros annually

Not applicable

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

Tim Morris
Assistant Principal Officer
Water Quality Section
Environment Infrastructure and Services Division
Department of the Environment, Heritage and Local Government
Custom House
Dublin 1

Telephone: 01 – 8882859
Fax:       01 – 8882994
E-mail:    tim_morris@environ.ie

Date: 18 February 2004




                                            23
1.2    COM (2003) 851 - Information Note

1. Proposal

This proposal introduces an amendment to the Agreement of 13 April 2000 between the
Czech Republic and the European Community which concerns the electronic
communications link (CCN/CSI) between both sides introduced within the framework of the
Convention on a Common Transit Procedure. Subsequent to the inclusion of the Czech
Republic in the PHARE project expenses relating to the provision of the CCN/CSI link will
now be paid from the pre-accession funds instead of under the arrangements provided for in
the 13 April 2000 Agreement. This amendment reflects those changes.

2. Title

Proposal for a Council Decision on the conclusion of an Agreement in the form of an
exchange of Letters between the European Community and the Czech Republic modifying
the Agreement concluded on 13 April 2000 concerning the extension of the common
communication network/common systems interface (CCN/CSI) within the framework of the
Convention on a common transit procedure.

3. Date of Council document

27/01/2004

4. Number of Council document

5690/04 CID4 UD14 PECOS 9

5. Number of Commission document:

COM (2004)851 final

6. Dealt with in Brussels by

Customs Union (Legislation and Policy) Working Party
Name of Council: No decision as yet.

7. Department with primary responsibility

Department of Finance/Office of the Revenue Commissioners (Customs Branch Nenagh)

8. Other Departments involved

N/A

9. Short summary and aim of the proposal



                                           24
Decision Nos. 1/99 and 2/99 lay down that a computer network is required by all Contracting
Parties to the Convention of 20 May 1987 on a Common Transit Procedure to exchange
information and prescribes that the network be the Common Communications
Network/Common Systems Interface (CCN/CSI). The financing for the provision of the
CCN/CSI link for the Czech Republic was laid down in an agreement between that country
and the European Community which was concluded by an exchange of letters on 13 April
2000. Subsequent to the inclusion of the Czech Republic in the PHARE project, expenses
relating to the provision of the CCN/CSI link will now be paid from the pre-accession funds
instead of under the arrangements provided for in the 13 April 2000 Agreement. This
Council Decision amends the Agreement to reflect this change.

10. Legal basis of the proposal

Decision No. 2/99 of the EC-EFTA joint committee ―Common Transit‖ of 20 March 1999 &
Agreement (exchange of letters) of 13 April 2000.

11. Voting Method

QMV

12. Role of the EP

Must be immediately and fully informed of the decision.

13. Category of proposal

Purely technical

14. Implications for Ireland

No implications for Ireland

15. Anticipated negotiating period

Completed

16. Proposed implementation date

At the earliest opportunity.

17. Consequences for national legislation

No consequences

18. Method of Transposition into Irish law

Not applicable



                                            25
19. Anticipated Transposition date

Not applicable

20. Consequences for the EU budget in euros annually

Not a significant amount – less than €30,000 in current year – nil for future years.

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

(1)    Mr Phonsey Croke
       Tel: 067 63200
       e-mail: pcroke@revenue.ie
(2)    Ms Carol-Ann O‘Keeffe
       Tel: 067 63306
       e-mail: cokeeffe@revenue.ie

Date: 18 February 2004




                                               26
1.3    COM (2003) 856 - Information Note

1. Proposal

This proposal seeks the approval of the Council in relation to a decision on the signing and
conclusion of an Agreement on customs co-operation and mutual administrative assistance in
customs matters between the European Community and the Republic of India. The text of
the proposed agreement has been agreed following negotiations between the Commission, on
behalf of the Community, and the authorities of India. The text of the proposed agreement is
annexed to the draft decision.

2. Title

Proposal for a Council Decision concerning the conclusion of the Agreement between the
European Community and the Republic of India on customs co-operation and mutual
administrative assistance in customs matters.

3. Date of Council document

6 February 2004

4. Number of Council document

6019/04 CID6 UD22

5. Number of Commission document:

COM (2003) 856 final

6. Dealt with in Brussels by

Competitiveness Council/Working Party on Customs Union (Customs Legislation and
Policy)

7. Department with primary responsibility

Office of the Revenue Commissioners/ Dept. of Finance.

8. Other Departments involved

Not applicable.

9. Short summary and aim of the proposal

By Decision of 5 April, 1993 the Council authorised the Commission to conduct negotiations
with a view to concluding Agreements on Customs Co-operation and Mutual Administrative
Assistance in Customs Matters between the European Community and some of its main


                                             27
trading partners: USA, Canada, Republic of Korea, Hong Kong and Japan. At the time, the
Council also decided that the brief could be extended to other countries should the need arise.

Subsequently, on 27-28 January, 2003, the Council adopted a Decision authorising the
Commission to negotiate such an Agreement on behalf of the European Community with
India. A number of meetings have taken place between both parties and the proposed text for
the Agreement has been agreed. Agreements of this kind are standard in nature. The format
and text of this Agreement are compatible with Agreements which have been concluded with
many other countries. This proposal seeks approval from Council to enable the Agreement to
be signed as soon as possible.

10. Legal basis of the proposal

Treaty establishing the European Community, Articles 133 and 300 (2).

11. Voting Method

QMV

12. Role of the EP

Must be immediately and fully informed of the decision.

13. Category of proposal

Purely technical.

14. Implications for Ireland

Ireland will be obliged, when requested, to provide assistance to the Indian authorities under
the terms of the agreement, to ensure the correct application of customs legislation, in
particular by preventing, investigating and combating operations in breach of that legislation.

15. Anticipated negotiating period

Completed.

16. Proposed implementation date

At the earliest opportunity.

17. Consequences for national legislation

No consequences.

18. Method of Transposition into Irish law




                                              28
Not applicable.

19. Anticipated Transposition date

Not applicable.

20. Consequences for the EU budget in euros annually

None.

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

Revenue
Mr. Phonsey Croke
Tel: 00 353 67 63200
Email: pcroke@revenue.ie

Mr. Joe Ryan
Tel: 00 353 67 63246
Email: joryan@revenue.ie

Finance
Ms Aoife Ní Dhubhghaill,
Tel: 00353 1 6045804
E-mail: Aoife.Ni.Dhubhghaill@finance.gov.ie


Date: 24 February 2004




                                          29
1.4    COM (2004) 16 - Information Note

1. Proposal

To ensure only conforming products (decorative paints and varnishes) containing specified
limits of Volatile Organic Compounds (VOCs) are marketed in the DIY, commercial paint
and vehicle refinishing sectors.

2. Title

Proposal for a Directive of the European Parliament and of the Council on the limitation of
emissions of volatile organic compounds due to the use of organic solvents in the decorative
paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC

3. Date of Council document

16 January 2004

4. Number of Council document

5407/04

5. Number of Commission document:

COM (2004) 16 final

6. Dealt with in Brussels by

Environment Council

7. Department with primary responsibility

Department of the Environment, Heritage and Local Government

8. Other Departments involved

Department of Enterprise, Trade and Employment, Enterprise Ireland and the Health and
Safety Authority

9. Short summary and aim of the proposal

Volatile organic compounds (VOCs) are air pollutants. They can have detrimental effects on
human health by contributing to respiratory illnesses, and by the formation (in chemical
interaction with sunlight and oxides of nitrogen) of ground-level ozone which can have
adverse environmental effects e.g. crop, vegetation and materials damage, reduced visibility.
VOCs have various sources, such as vehicle emissions and fuel combustion. Another large
source is the use of organic solvents industrially, commercially and domestically.


                                             30
The proposal requires the limitation of the amount of VOCs in certain paints and varnishes
used by professionals (including in house painting and vehicle spraying uses) and for DIY
purposes. This will reduce the ozone precursors in these products. It will enable Ireland more
easily to achieve its national emission ceiling for VOCs as required by 2010 under Directive
2001/81/EC and the UNECE ―Gothenberg‖ Protocol. This proposal builds on Directive
1999/13/EC transposed into national law in November 2002 which sets performance
standards (e.g. emission limit values) for certain SMEs who use organic solvents (including
in the vehicle refinishing sector). The new proposal is product-related and so extends
measures to reduce VOCs beyond SMEs, and will assist these firms comply with Directive
1999/13/EC.


10. Legal basis of the proposal

Articles 95 and 251 of the Treaty

11. Voting Method

QMV

12. Role of the EP

Co-decision

13. Category of proposal

Some significance to Ireland. The proposal will be beneficial in public and occupational
health terms. It will also strengthen environmental protection and assist SMEs meet
performance standards under parallel controls introduced in the 1999 Directive. Ireland does
not have an ozone problem relative to other European countries due to the low level of
emissions of ozone precursors, our geographic location and prevailing climatic conditions.
However reduced national emissions are required on a progressive basis up to 2010. There
will also be benefits in other environmental areas such as the reduction of solvent waste
streams and effluent emissions to watercourses etc.

14. Implications for Ireland

The proposal is another useful tool in seeking to achieve the national emission ceiling for
VOCs by 2010. The Department of the Environment, Heritage and Local Government is
preparing a national emissions reduction strategy in this context for publication in early 2004.

The European Commission estimates paint costs may rise by 1% - 1.5% and, while there may
be some market restructuring there is unlikely to be any employment impacts. Enterprise
Ireland was a major author of the technical report on which the Commission proposal is built
and neither it nor the Department of Enterprise, Trade and Employment foresee any national
problems with the proposal.



                                              31
15. Anticipated negotiating period

Common position adopted on 7 January 2004. EU Presidency (Ireland) in discussions
currently with European Parliament Rapporteur with a view to achieving Second Reading
agreement.

16. Proposed implementation date

18 months after entry into force of Directive.

17. Consequences for national legislation

This Directive will set product standards to promote environmental progress, based on
controls to be applied at the point of sale to the consumer. Environmental controls to date are
generally set at the point of production, and mechanisms to apply appropriate controls at the
point of sale will have to be identified and implemented.


18. Method of Transposition into Irish law

Regulations (secondary legislation)

19. Anticipated Transposition date

Within timeframe required by Directive

20. Consequences for the EU budget in euros annually

None

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

John McDermott,
A.P.O.,
Air/Climate Section,
DOELG
Tel: 01- 888 2373.
Fax: 01- 888 2014.
E-mail: john_mcdermott@environ.irlgov.ie

Date: 11 February 2004




                                                 32
1.5    COM (2004) 17 - Information Note

1. Proposal

Amended proposal for a Decision of the European Parliament and of the Council establishing
a Community action programme to promote organisations active at European level in the
field of equality between men and women

2. Title

Amended proposal for a Decision of the European Parliament and of the Council establishing
a Community action programme to promote organisations active at European level in the
field of equality between men and women

3. Date of Council document

20/01/2004

4. Number of Council document

5526/04

5. Number of Commission document:

COM(2004)17 final

6. Dealt with in Brussels by

Employment, Social Protection, Health and Consumer Affairs (ESPHCA) Council
Social Questions Working Party

7. Department with primary responsibility

Department of Justice, Equality and Law Reform

8. Other Departments involved

N/A

9. Short summary and aim of the proposal

In June 2003, the European Commission presented a proposal for a European Parliament and
Council Decision establishing a Community action programme to promote Organisations
active at European level in the field of equality between men and women. The objective of
this Decision is to provide a basic instrument for awarding an operating grant to organisations
active at European level in the field of equality between men and women for the years 2004
and 2005. The obligation to adopt such a basic act for the financing of the action programme


                                              33
results from Council Regulation (EC, Euratom) No. 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of the European Communities.

10. Legal basis of the proposal

Article 13(2) TEC

11. Voting Method

Qualified Majority Voting

12. Role of the EP

Co-decision

13. Category of proposal

Purely technical

14. Implications for Ireland

No implications

15. Anticipated negotiating period

The Council adopted the Common Position on 6 February with a view to sending it to the EP
for its first Plenary session in February. It is intended the dossier will be agreed at the EP 2nd
reading. At this stage, it is not known what amendments will be proposed by the EP at 2nd
reading.

16. Proposed implementation date

All the basic acts need to be enforced by March 2004

17. Consequences for national legislation

None

18. Method of Transposition into Irish law

N/A

19. Anticipated Transposition date

N/A

20. Consequences for the EU budget in euros annually



                                                34
The financial framework for the programme is 2.2M € for the 2 years 2004 and 2005

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

Kathleen Connolly
Department of Justice, Equality & Law Reform
Email: kconnolly@justice.ie
Ph: 00353 1 4790251


Date: 3 February 2004




                                           35
1.6    COM (2004) 19 - Information Note

1. Proposal

Codified Freshwater Fish Directive

2. Title

Directive of the European Parliament and of the Council on the Quality of Fresh Waters
Needing Protection or Improvement in order to Support Fish Life (Codified Version)

3. Date of Council document

19/01/2004

4. Number of Council document

2004/0002 (COD)

5. Number of Commission document:

COM(2004) 19 final

6. Dealt with in Brussels by

Environment Council and Working Party on the Environment

7. Department with primary responsibility

Department of the Environment, Heritage and Local Government

8. Other Departments involved

Department of Communications, Marine and Natural Resources

9. Short summary and aim of the proposal

The purpose of this proposal is to undertake a codification of Council Directive 78/659/EEC
of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to
support fish life. 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 (for example the Legal Base is now Article 175 of the new Treaty whereas it
was Articles 100 and 235 of the old Treaty). Where the Articles have been given new
numbers, the correlation between the old and the new numbers is shown in a table contained
in Annex IV to the codified Directive.



                                             36
10. Legal basis of the proposal

Article 175

11. Voting Method

QMV

12. Role of the EP

Co-decision

13. Category of proposal

No significance - purely technical.

14. Implications for Ireland

None – it is merely a consolidating measure.

15. Anticipated negotiating period

Not known but should be relatively swift.

16. Proposed implementation date

Twenty days after its publication in the Official Journal of the European Union, the Directive
will enter into force.

17. Consequences for national legislation

None – the European Communities (Quality of Salmonid Waters) Regulations, 1988 (SI No.
293 of 1988) already give effect to the existing EU Council Directive 78/659/EEC of 18 July,
1978 on the quality of fresh waters needing protection or improvement in order to support
fish life and the various amendments made to it.

18. Method of Transposition into Irish law

Not applicable.

19. Anticipated Transposition date

Not applicable.

20. Consequences for the EU budget in euros annually

Not applicable.



                                               37
21. Contact name, telephone number and e-mail address of official in Department with
      primary responsibility

Gerry Flannery,
Assistant Principal Officer
Water Quality Section
Department of the Environment Heritage & Local Government
Custom House
Dublin 1

Phone : +353-1-8882314
Fax    : +353-1-8882994
e-mail : gerry_flannery@environ.ie


Date: 3rd February 2004




                                         38
1.7     COM (2004) 32 - Information Note

1. Proposal

This proposal codifies two existing Council Regulations concerning the conversion rates
between the euro and the currencies of the Member States adopting the euro. As such, this
Regulation does not present any new provisions.

2. Title

Council Regulation on the conversion rates between the euro and the currencies of the
Member States adopting the euro

3. Date of Council document

26 January 2004.

4. Number of Council document

5677/04 CODIF 8 UEM 15 ECOFIN 25 CODEC 108

5. Number of Commission document:

COM (2004)32 final

6. Dealt with in Brussels by

ECOFIN Council

7. Department with primary responsibility

Department of Finance

8. Other Departments involved

None.

9. Short summary and aim of the proposal

The purpose of this proposal is to undertake a codification (consolidation) of Council
Regulation (EC) No 2866/98 (31 December 1998) on the conversion rates between the euro
and the currencies of the Member States adopting the euro. This new Regulation supersedes
the existing two regulations and brings them together. The proposal fully preserves the
content of the regulations being codified and hence does no more than bring them together
with only such formal amendments as are required by the codification exercise itself. Given
that no changes of substance may be made to the instruments affected by codification, the
European Parliament, the Council and the Commission have agreed, by inter-institutional


                                            39
agreement that an accelerated procedure may be used for the fast-track adoption of
codification instruments.

10. Legal basis of the proposal

Article 123 (para 4) of the EC Treaty.

11. Voting Method

Unanimity.

12. Role of the EP

Consultation

13. Category of proposal

Technical (this proposal codifies the existing Regulations which set out the irrevocable
conversion rates between the euro and the currencies of the Member States adopting the euro
to date).

14. Implications for Ireland

None. This proposal is simply a codification of existing Regulations concerning currency
conversion rates and hence does no more than bring them together with only such formal
amendments as are required by the codification exercise itself.

15. Anticipated negotiating period

Not known.

16. Proposed implementation date

Not known. (―This regulation shall enter into force on the 20th day following its publication
in the Official Journal of the European Union‖).

17. Consequences for national legislation

None.

18. Method of Transposition into Irish law

Regulations are directly enforceable.

19. Anticipated Transposition date

None, regulations are directly enforceable.



                                              40
20. Consequences for the EU budget in euros annually

None

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

Paul Shannon
Ph:- (01) 604 5562
Email:-paul.shannon@finance.gov.ie

Date: 20 February 2004




                                         41
1.8    COM (2004) 36- Information Note

1.9    COM (2004) 39 - Information Note

1.10 COM (2004) 81 – Information Note

1. Proposal

Temporary Derogation for certain Acceding States from some of the provisions of the WEEE
Directive.

2. Title

Proposal for a Council Decision granting certain countries temporary derogations from
certain provisions of the Directive on Waste Electrical and Electronic Equipment -
2002/96/EC (in accordance with the Treaties of Accession).

3. Date of Council document

13/02/2004

4. Number of Council document

6326/04

5. Number of Commission document:

COM (2004) 81 final.

6. Dealt with in Brussels by

EU Council of Environment Ministers.
European Commission‘s Working Party on the Environment.

7. Department with primary responsibility

Department of the Environment, Heritage and Local Government.

8. Other Departments involved

Department of Enterprise, Trade and Employment.

9. Short summary and aim of the proposal

To grant a temporary derogation to the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Slovakia and Slovenia from the provisions of



                                            42
       the first subparagraph of Article 5(5) of the Directive on Waste Electrical and
        Electronic Equipment - 2002/96/EC which is to achieve a rate of separate collection
        of at least four kilograms on average per inhabitant per year of household WEEE by
        31 December 2006 and
       Article 7(2) of the Directive on Waste Electrical and Electronic Equipment -
        2002/96/EC, which lays down certain minimum targets for the recovery of WEEE,
        which the Member States have to ensure that producers meet by 31 December 2006.

The Czech Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia may extend the 31
December 2006 time limit by 24 months to 31 December 2008.

Slovenia may extend the 31 December 2006 time limit by 12 months to 31 December 2007.

10. Legal basis of the proposal

Article 55, Act of Accession.

11. Voting Method

QMV.

12. Role of the EP

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

13. Category of proposal

Purely technical.

14. Implications for Ireland

None. Ireland along with Greece was granted the same temporary derogation it is proposed
to grant to the Czech Republic, Estonia, Hungary, Latvia, Lithuania and Slovakia.

15. Anticipated negotiating period

The matter will not be on the March 2004 Environment Council Agenda. However it will be
listed as an ―A‖ item at another Council prior to 1 May 2004.

16. Proposed implementation date

Must be adopted before 1 May 2004.

17. Consequences for national legislation

None.


                                             43
18. Method of Transposition into Irish law

Not applicable.

19. Anticipated Transposition date

Not applicable.

20. Consequences for the EU budget in euros annually

None.

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

Seán O‘Súilleabháin
Telephone:    (01) 888 2741
Fax:          (01) 888 2994
Email:        sean_o‘suilleabhain@environ.ie

Date: 1 March 2004




                                          44
                                     Appendix 3

              Information notes on Proposals detailed in
                       Section 2 of this Report

2.1 COM (2003) 689 - Information Note

1. Proposal

EU Regulation on materials and articles intended to come into contact with food

2. Title

Regulation of the European Parliament and of the Council on materials and articles intended
to come into contact with food

3. Date of Council document

20/11/2003

4. Number of Council document

15113/03, DENLEG 77, MI 294, CODEC 1645

5. Number of Commission document:

COM(2003) 689

6. Dealt with in Brussels by

Council Working Group on Foodstuffs

7. Department with primary responsibility

Department of Enterprise, Trade and Employment

8. Other Departments involved

Department of Health and Children

9. Short summary and aim of the proposal

The proposed regulation is mainly to replace an existing framework directive and subsequent
amending directives that has been in place since 1989. The proposed regulation provides for


                                             45
technological developments in relation to manufacturing of food contact materials that have
taken place since then such as the increased use of active and intelligent packaging. It also
provides for traceability in relation to food contact materials.

10. Legal basis of the proposal

Article 95 of the Treaty and acting in accordance with the procedure laid down in Article 251
of the Treaty

11. Voting Method

QMV

12. Role of the EP

The proposal is being considered by both the European Parliament and the Council under the
Co-decision procedure. The proposal is being considered by the ENVI Committee of the
European Parliament. The EP Rapporteur is Astrid Thors.

13. Category of proposal

This proposal will replace the existing framework Council Directive 89/109/EEC. It is to
provide for technological developments in the area of food contact materials since 1989.

14. Implications for Ireland

As the purpose of the proposal is to harmonise legislation on an EU-wide basis in relation to
food contact materials it should be of benefit to Ireland. The proposed Regulation should
improve consumer health protection and information on food products.

15. Anticipated negotiating period

January 2004 to June 2004

16. Proposed implementation date

Once the proposed Regulation is adopted it will enter into force on the 20th day following its
publication in the Official Journal of the European Union. From that time the measure will
apply in all Member States.

17. Consequences for national legislation

It may be necessary to amend the European Communities (Materials and Articles intended to
come into contact with foodstuffs) Regulations 1991 to 2003. This would be to provide that
non-compliance with the new EU Regulation would be regarded as a penalty under the
existing Irish Regulations. It may also be necessary to amend our existing Regulations to




                                              46
provide for the use of active and intelligent materials and to take account of traceability
requirements.

18. Method of Transposition into Irish law

As the proposal is for a Regulation of the European Parliament and of the Council there is not
a specific need to make and SI to transpose it into Irish legislation.

19. Anticipated Transposition date

Once the proposed Regulation is adopted it will enter into force on the 20th day following its
publication in the Official Journal of the European Union. From that time the measure will
apply in all Member States. The proposal may be adopted during the Irish Presidency.

20. Consequences for the EU budget in euros annually

None

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

Contact Name:          Conor O'Mahony
Phone Number:          +353 1 6312486
e-mail address:        conor_omahony@entemp.ie

Date: 24 February 2004




                                               47
2.2 COM (2004) 2 - Information Note

1. Proposal

To provide a legal framework that will eliminate the obstacles to the freedom of
establishment for service providers and the free movement of services between the Member
States

2. Title

Proposal for a Directive of the European Parliament and of the Council on services in the
internal market

3. Date of Council document

13 February, 2004

4. Number of Council document

6174/04, COMPET 18, SOC 58, JUSTCIV 23, CODEC 192.

5. Number of Commission document


COM(2004) 2

6. Dealt with in Brussels by

Competitiveness Council

7. Department with primary responsibility

Department of Enterprise, Trade and Employment

8. Other Departments involved

Many Government Departments will be affected by the proposal. Extent of involvement not
fully established yet. However, the following Departments have indicated an involvement:
Department of Finance
Department of Environment and Local Government
Revenue Commissioners
Department of Health and Children

9. Short summary and aim of the proposal

This proposal is part of the process of economic reform launched by the Lisbon European
Council with a view to making the EU the most competitive and dynamic knowledge-based



                                             48
economy in the world by 2010. Achieving this goal means that the establishment of a genuine
internal market in services is indispensable. It has not hitherto been possible to exploit the
considerable potential for economic growth and job creation afforded by the services sector
because of the many obstacles hampering the development of service activities in the internal
market. This proposal forms part of the strategy adopted by the Commission to eliminate
these obstacles.
The aim of the proposal is to provide a legal framework that will eliminate the obstacles to
the freedom of establishment for service providers and the free movement of services
between the Member States, giving both the providers and recipients of services the legal
certainty they need in order to exercise these two fundamental freedoms. The proposal covers
a wide variety of economic service activities – with some exceptions, such as financial
services – and applies only to service providers established in a Member State.

10. Legal basis of the proposal

Articles 47(2) and 55 of the Treaty, as well as on Articles 71 and 80(2) of the Treaty.

11. Voting Method

QMV

12. Role of the EP

Co-decision

13. Category of proposal

Major significance

14. Implications for Ireland

Not fully determined yet as consultation process has only recently been initiated.

15. Formal Adoption by Council

Mid-2005.

16. Proposed implementation date

Member States to bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive two years after the entry into force at the latest.

17. Consequences for national legislation

Given the complexity of the proposal, consequences not yet established.

18. Method of Transposition into Irish law



                                               49
In order to transpose the Directive into national law, each Member State would by 2007 have
to:
         guarantee in its legislation the free movement of services from other Member States
and consequently adapt any rules that would hamper such movement;
         simplify authorisation schemes, ensuring that authorisations are subject to objective
criteria known in advance;
         eliminate from its legislation a number of requirements placed on service providers
and listed in the Directive. These would be prohibited by the proposed Directive;


19. Anticipated Transposition date

The Commission hopes that the proposed Directive will be adopted in time to enter into force
in 2007.


20. Consequences for the EU budget in euros annually

Approx €2m euro per annum in respect of administration costs within DG Internal Market


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

Michael Greene
Market Access Unit
Department of Enterprise, Trade and Employment
Earlsfort Centre
Lr Hatch Street
Phone: 01 631 2530
Michael_greene@entemp.ie

Date: 24 February, 2004




                                              50
                                      Appendix 4

               Information notes on Proposals detailed in
                        Section 3 of this Report


3.1 COM (2003) 798 - Information Note

1. Proposal

The purpose of this proposed Council Decision is to provide for the extension, for one year,
of the existing trade in textiles Agreement between the EU and the Republic of Belarus.

2. Title

Proposal for a Council Decision on the proposed application of a bilateral agreement between
the European Community and the Republic of Belarus on trade in textile products.

3. Date of Council document

17 December 2003

4. Number of Council document

15744/03, TEXT 26, NIS 161, COEST 103

5. Number of Commission document:

COM(2003)798 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



                                             51
The proposed Council decision is in respect of the provisional application of a one year
extension of the existing Agreement between the EU and Belarus (non-WTO Member). This
is being done in the form of an initial exchange of letters between the EU Commission and
Belarus (pending formal approval of the Agreement at a later stage), amending the existing
agreement by the inclusion of textile quotas to apply for the period of the one year extension,
in 2004. These quotas are based on traditional trade flows into the EU from Belarus, together
with an upward adjustment to take account of the accession of the ten new members.

10. Legal basis of the proposal

European Communities Treaty (Articles 133 and 300)

11. Voting Method

Simple Majority

12. Role of the EP

No specific consultation in respect of this trade policy matter.

13. Category of proposal

Some significance

14. Implications for Ireland

There have been no representations by the textile and clothing trade in Ireland to the
extension of a textile quota to Belarus for a further year.

Trade in textiles and clothing among WTO members is governed by the Agreement on
Textiles and Clothing (ATC), which came into force on 1 January 1995. Under the terms of
the ATC, the agreement provided for the progressive elimination of all quotas on trade in
clothing and textiles by the US, EU, Norway and Canada3, and their replacement by tariff
only barriers (aka ―customs duties‖ or ―import taxes‖) which are seen as more equitable and
transparent. This process of ―tariffication‖ will be completed by 2005, when the ATC will
expire and all quotas will be abolished, leaving the clothing and textile trade subject to
―normal‖ GATT rules (which apply to all other non-agricultural merchandise goods).

Hence the proposed Agreement represents a transitional arrangement establishing textile
quotas for a further year which will be the final period in which quotas will apply in respect
of this trade given the abolition of all quotas under the WTO‘s ATC Agreement at the end of
2004, as described in the previous paragraph.


3
 These were the four WTO members who maintained quantitative import restrictions under the Multi Fibre
Agreement (MFA), the predecessor of the ATC. The MFA was a framework of bilateral agreements or
unilateral actions that established quantitative restrictions limiting imports of particular products whose
domestic industries were facing damage from rapidly increasing imports.


                                                      52
15. Anticipated negotiating period

The Council Decision was adopted on 22 December 2003.

16. Proposed implementation date

The bilateral agreement to be applied on a provisional basis as of 1 January 2004, pending the
completion of procedures required for their conclusion, subject to the reciprocal provisional
application by Belarus.

17. Consequences for national legislation

None

18. Method of Transposition into Irish law

N/A

19. Anticipated Transposition date

N/A

20. Consequences for the EU budget in euros annually
None

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

Frank Doheny
Market Access Unit
Department of Enterprise, Trade and Employment
Earlsfort Centre
Lr. Hatch Street
Phone 016312527
Frank_ Doheny@entemp.ie

Date: 24th February 2004




                                             53
                                   Appendix 5

              Information notes on Proposals detailed in
                       Section 4 of this Report

4.1 CFSP (2004) 137 - Information Note

1. Proposal

Concerning restrictive measures against Liberia and repealing Common Position
2001/357/CFSP

2. Title

Council Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive
measures against Liberia and repealing Common Position 2001/357/CFSP

3. Date of Council document

11 February 2004

4. Number of Council document

2004/137/CFSP OJL40 p35

5. Number of Commission document

Com (2004) 84; reviewed by the sub-committee on European Scrutiny on 2 February

6. Dealt with in Brussels by

General Affairs and External Relations Council, RELEX Working Group

7. Department with primary responsibility

Department of Foreign Affairs

8. Other Departments involved

Department of Enterprise, Trade and Employment

9. Short summary and aim of the proposal



                                           54
This Council Common Position implements UN Security Council Resolution 1521 (2003),
which sets out revised measures to be imposed against Liberia. Under this Resolution, the
travel ban, arms embargo and timber and diamond sanctions are renewed. However, the arms
embargo now takes account of the presence of UNMIL and the needs of any international
training programme of the Liberian armed forces and police.

10. Legal basis of the proposal

Article 15 TEU, EU Common Position 2001/357/CFSP

11. Voting Method

Unanimity

12. Category of proposal

Some significance

13. Implications for Ireland

Action by Ireland is necessary to implement certain measures of the Common Position i.e. the
sale, supply, transfer or export of arms and related material to Liberia, including Technical
Assistance. The travel ban, arms embargo and timber and diamond sanctions are also
renewed.

14. Date and formation adopted

Adopted on 10 February 2004 at the Economic and Financial Council (ECOFIN)

15. Implementation date

The Common Position is applicable from 22 December 2003

16. Consequences for national legislation

None

17. Consequences for the EU budget in euro annually

None

18. Contact name, telephone number and e-mail address of official in Department of
Foreign Affairs

Mr Nicholas O‘Brien
Africa Director
Africa Section



                                             55
4082612
Nicholas.obrien@iveagh.gov.ie


Date: 03 March 2004




                                56
4.2 CFSP (2004) 161 - Information Note

1. Proposal

Council Common Position on Zimbabwe

2. Title

Council Common Position renewing restrictive measures against Zimbabwe

3. Date of Council document

19/02/2004

4. Number of Council document

161/04

5. Number of Commission document (if applicable)

n/a

6. Dealt with in Brussels by

General Affairs and External Relations Council
Political and Security Committee (PSC)
RELEX Working Group

7. Department with primary responsibility

Department of Foreign Affairs

8. Other Departments involved

Department of Justice, Equality and Law Reform, Central Bank of Ireland, Department of
Enterprise, Trade and Employment (for follow-up action)

9. Short summary and aim of the proposal

The Council Common Position on Zimbabwe, including restrictive sanctions against
designated Zimbabwean Government officials, expired on 20 February 2004. The Common
Position is a renewal of this Common Position as the situation in Zimbabwe has not
materially improved. The list of those to whom sanctions will apply requires updating to take
current realities into account i.e. deaths and changes of position in the Government of
Zimbabwe.




                                             57
The aim of the proposed Common Position is to express the EU‘s concern at the situation in
Zimbabwe. The objective of the sanctions is to encourage leading members of the governing
party to desist from current practices of human rights violations and to instead, follow
policies that guarantee human rights and are in line with good governance.

10. Legal basis of the proposal

Article 15 of TEU

11. Voting Method

Unanimity

12. Category of proposal

Some significance

13. Implications for Ireland

Ireland is obliged to implement the sanctions regime, including travel ban, arms embargo and
freezing of funds.

14. Date and formation adopted

Adopted by Justice and Home Affairs Ministers on 19 February 2004

15. Implementation date

20 February 2004

16. Consequences for national legislation

n/a

17. Consequences for the EU budget in euro annually

None

18. Contact name, telephone number and e-mail address of official in Department of
Foreign Affairs

Nicholas O‘Brien
Africa Section
Tel: 408 2612
Email: nicholas.obrien@iveagh.gov.ie

Date: 25 February 2004



                                             58
4.3 CFSP (2004) 179 - Information Note

1. Proposal

Council Common Position of 23 February 2004 concerning restrictive measures against the
leadership of the Transnistrian region of the Moldovan Republic.

2. Title

Council Common Position of 23 February 2004 concerning restrictive measures against the
leadership of the Transnistrian region of the Moldovan Republic.

3. Date of Council document

23 February 2004

4. Number of Council document

2004/179/CFSP, OJ L55/68 24/02/04

5. Number of Commission document (if applicable)

N/A

6. Dealt with in Brussels by

General Affairs and External Relations Council (GAERC)
External Relations Working Party (RELEX)
Eastern Europe and Central Asia Working Group (COEST)

7. Department with primary responsibility

Department of Foreign Affairs

8. Other Departments involved

Department of Justice, Equality and Law Reform

9. Short summary and aim of the proposal

The Member States of the European Union have agreed not to provide visas to allow for entry
into their territories by certain senior officials in the so-called ‗Nistrian Moldovan Republic‘,
a secessionist region of the Republic of Moldova. The aim of this proposal is to put pressure
on the authorities of the Transnistrian region of the Republic of Moldova to engage
constructively and in good faith in the five-sided negotiations towards a solution of the
conflict between Moldova and Transnistria.



                                               59
10. Legal basis of the proposal

Article 15 of the Treaty on European Union

11. Voting Method

Unanimity

12. Category of proposal

Some significance

13. Implications for Ireland

Action by Ireland is necessary to implement the measures of this Council Common Position,
i.e. to ensure that visas are not provided to certain senior officials in the so-called ‗Nistrian
Moldovan Republic‘ to enter Ireland.

14. Date and formation adopted

23 February 2004, General Affairs and External Relations Council

15. Implementation date

27 February 2004

16. Consequences for national legislation

None

17. Consequences for the EU budget in euro annually

None

18. Contact name, telephone number and e-mail address of official in Department of
Foreign Affairs

Ms. Barbara Jones, Eastern Europe Director
Tel: 01-4082188
Email: Barbara.Jones@iveagh.irlgov.ie

Date: 1 March 2004




                                               60
                            Appendix 6

           Information notes on Measures detailed in
                    Section 5 of this Report


5.1 COM (2004) 67 - Information Note




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