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Joint Committee on European Scrutiny Houses of the Oireachtas

VIEWS: 4 PAGES: 197

									                TITHE AN OIREACHTAIS

    AN COMHCHOISTE UM GHRINNSCRÚDÚ EORPACH

AN TOCHTÚ TUARASCÁIL BHLIANTÚIL AR OIBRIÚ ACHT AN
      AONTAIS EORPAIGH (GRINNSCRÚDÚ), 2002

      (DON TRÉIMHSE Ó 1 EANÁIR GO 31 NOLLAIG 2010)
                       EANÁIR 2011



          _______________________________


             HOUSES OF THE OIREACHTAS

     JOINT COMMITTEE ON EUROPEAN SCRUTINY

  EIGHTH ANNUAL REPORT ON THE OPERATION OF THE
       EUROPEAN UNION (SCRUTINY) ACT 2002

   (FOR THE PERIOD FROM 1 JANUARY TO 31 DECEMBER 2010)

                       JANUARY 2011
Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




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                                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                                         Table of Contents


Chairman’s Foreword...................................................................................................................5

1.        Introduction………………………………………………………………………………7
          European Union (Scrutiny) Act 2002
          The Scrutiny Process
          Activity

2.        Overview of the Joint Committee’s Work……………………………………………...8
          Functions and Powers of the Joint Committee
          Chairman, Vice-Chairman, and Membership of the Joint Committee
          Scrutiny of Draft EU Legislative Proposals
          Reports Adopted
          Six-Monthly Reports
          Joint Sub-Committee on the Review of the Role of the Oireachtas in European Affairs

3.        Analysis of Legislative Proposals Considered……………………………………….…11
          Information Notes received from Departments
          Types of documents considered
          Decisions by Committee

4.        Looking Forward……………………………….....…………………………………..….15

5.        Decision of the Joint Committee……………………………………………….………. 15



Appendix 1          Orders of Reference of the Joint Committee
Appendix 2          Membership of the Joint Committee
Appendix 3          Minutes of proceedings of the Joint Committee meetings in public session
Appendix 4          Reports published by the Joint Committee
Appendix 5          Groups and individuals attending Joint Committee meetings
Appendix 6          Orders of Reference of the Joint Sub-Committee
Appendix 7          Membership of the Joint Sub-Committee
Appendix 8          Minutes of proceedings of the Joint Sub-Committee meetings in public session
Appendix 9          Groups and individuals attending Joint Sub-Committee meetings
Appendix 10         Proposals sent to sectoral Committees for detailed scrutiny
Appendix 11         European Commission‘s Annual Work Programme 2011




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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




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                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002



Chairman’s Foreword

On behalf of the Joint Committee on European Scrutiny I am pleased to
present the Eighth Annual Report on the operation of the European Union
(Scrutiny) Act 2002. The European Union (Scrutiny) Act 2002 underpins
the Irish system of EU scrutiny and enables the Oireachtas, on behalf of the
Irish people, to scrutinise all draft EU legislative measures. Our Committee
assesses and reports on the implications for Ireland where new EU
legislation is being proposed. It is an important function that brings
democratic accountability to Government decisions being made on behalf
of Irish citizens at EU level.

A significant amendment was made to the Terms of Reference of the Joint Committee in late 2010 which
gave the Committee responsibility for considering whether draft EU legislative acts comply with the
principle of subsidiarity. The Terms of Reference of the Joint Committee were also amended to give
responsibility to the Joint Committee, in addition to the Joint Committee on European Affairs, for
identifying acts of the EU institutions which may infringe the principle of subsidiarity.

I welcome these amendments as they represent a significant enhancement to the functions of the Joint
Committee and enable the Oireachtas to play an even greater role on behalf of the public in EU law
making.

In terms of the Joint Committee‘s workload, we met a total of 22 times in 2010 and in this time
considered a total of 441 documents, of which 382 were legislative proposals. The Joint Committee also
adopted a number of reports, including a report jointly adopted with the Joint Committee on European
Affairs on the Review of the Role of the Oireachtas in European Affairs.

I wish to thank the Government Departments for their considerable assistance in our detailed work, and
the staff of the Committee for their efficient management of the documentation and the preparation of
our meetings.

Finally, I wish to acknowledge the invaluable contribution and hard work of my colleagues on the Joint
Committee in carrying out our important remit on behalf of the Irish people. Their dedication, knowledge
and experience are greatly valued. In particular I want to thank Deputy John Perry who served as
Chairman of the Committee for three years since its formation in November 2007.




Tom Sheahan T.D.
Chairman
27 January 2011



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Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




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                                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




1.       Introduction
European Union (Scrutiny) Act 2002
1. This is the Eighth Annual Report on the operation of the European Union Scrutiny Act 20021.
   The 2002 Act lays down the legislative basis for Oireachtas scrutiny of draft EU legislative
   measures2.

2. Among the main provisions of the Act are:

             Information Notes - the Government must forward an information note to the Oireachtas
              as soon as practicable after the publication of each proposed EU legislative measure. The
              note outlines the purpose, significance and implications of the new measure [s2(1)]

             Recommendations – the Minister shall have regard to any recommendations by the
              Committee or the Houses on a proposed measure [s2(2)]

             Reports by the Government – each Minister shall report at least twice yearly to the
              Oireachtas in relation to proposed measures and other EU developments within their
              remit [s2(5)]. The Government shall make an annual report to the Oireachtas on
              developments in the European Union [s4].

3. Section 5 of the 2002 Act specifically provides for a Committee to report annually to the
   Oireachtas on the operation of the 2002 Act. This eighth report has been prepared accordingly by
   this Committee to look at how the EU scrutiny system operated in 2010.

4. The Report has also been prepared in accordance with the Standing Orders of the Dáil and
   Seanad which provide that each Committee review and report on its role, procedures and
   upcoming work programme.

The Scrutiny Process
5. At its fortnightly meetings, the Joint Committee considers the new EU measures for which
   Information Notes have been recently received from Government Departments. On the basis of
   its own analysis, the Joint Committee decides what level of scrutiny is warranted for each
   individual measure. Some measures may be only technical in nature and/or have few
   implications for Ireland. Other measures will have more direct implications for Ireland and it is
   important that the Oireachtas gets an opportunity to consider these in more detail.

6. The Committee holds oral evidence sessions with Departments and interested stakeholders. The
   Committee also publishes reports setting out its conclusions and recommendations on Ireland‘s
   negotiating position at the Council of Ministers. These reports can be debated in the Houses to
   raise awareness of significant EU proposals.

Activity
7. Chapter 2 of the Report looks in more detail at the range of activities carried out by the
   Committee in 2010 under the 2002 Act. In summary the Committee met 22 times in 2010 and
   examined 441 documents of which 382 were new legislative proposals.

1
  This is the third time that the report has been prepared by the Joint Committee on European Scrutiny since it assumed responsibility
for the management of the 2002 Act within the Oireachtas in October 2007. Previous reports were produced by the former Sub-
Committee on European Scrutiny.
2
  The definition of ―measure‖ in the 2002 Act was amended by section 6 of the European Union Act 2009.


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                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.     Overview of the Joint Committee’s Work

Functions and Powers of the Joint Committee
8. The Joint Committee was established in October 2007 and its Orders of Reference reflect the
   provisions of the 2002 Act. The powers of the Joint Committee are also set out in its Orders of
   Reference and the Standing Orders of the Dáil and Seanad. Section 7 of The European Union
   Act 2009 provides for the operation of new powers for the Houses of the Oireachtas under the
   terms of the Lisbon Treaty, including subsidiarity. The powers in relation to considering
   whether draft legislative acts comply with the principle of subsidiarity are assigned to the Joint
   Committee.

9. The Joint Committee, jointly with the Joint Committee for European Affairs represents both
   Houses of the Oireachtas at the Conference of European Affairs Committees (COSAC) and
   reports thereon to both Houses. The full Orders of Reference of the Joint Committee are set out
   at Appendix 1.


Chairman, Vice-Chairman, and Membership of the Joint Committee
10. Deputy Tom Sheahan was elected Chairman of the Committee on 18 November 2010 replacing
    Deputy John Perry who served as Chairman of the Committee from 6 November 2007 to 11
    November 2010. Deputy Michael Kitt was elected as Vice-Chairman of the Joint Committee on
    2 December 2010 replacing Deputy Sean Connick who served as Vice-Chairman of the Joint
    Committee from 6th November 2007 until 24 March 2010. The current membership of the Joint
    Committee is set out at Appendix 2 and details changes to the membership during the 30th Dáil to
    date.


Scrutiny of Draft EU Legislative Proposals
11. The core task of this Committee under the 2002 Act is to examine all draft EU legislation and
    identify which specific EU proposals it feels should be assessed in more detail.

12. A resolution passed by both Houses in December 2009 assigned responsibility, on an interim
    basis, to the Joint Committee for considering whether draft legislative acts comply with the
    principle of subsidiarity, and for reporting to the Dáil and Seanad on cases of non-compliance.
    Responsibility was also assigned to the Joint Committees on European Scrutiny and European
    Affairs for identifying acts of the EU institutions which may infringe the principle of subsidiarity
    and for reporting to the Dáil and Seanad for the purposes of requesting the Minister for Foreign
    Affairs to bring proceedings before the European Court of Justice. These interim arrangements
    were incorporated into Standing Orders of both Houses in late 2010 and the Orders of Reference
    of the Joint Committee were amended to confer these powers under the Standing Orders.

13. The Committee met 22 times during 2010 to examine the wide range of EU legislative proposals
    which were published. In all, the Committee considered 441 documents of which 382 were new
    legislative proposals. A more detailed analysis of the type of proposals received by the
    Committee is contained in Section 3. Minutes of proceedings of the Joint Committee meetings
    in public session are attached at Appendix 3.

14. In 2010, the Joint Committee decided that 21 proposals may be of significant importance to
    Ireland and required further scrutiny.


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                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




          11 of the proposals were examined in detail by the Joint Committee itself,
          8 proposals were sent to the relevant sectoral committees for detailed scrutiny as
           provided for in their Orders of Reference. 2 Title V Justice Measures were also sent for
           detailed scrutiny.

Reports Adopted
15. The Joint Committee published a large number of reports in 2010 as set out in detail in Appendix
    4. In particular, this included 4 scrutiny reports and a report jointly agreed with the Joint
    Committee on European Affairs on the Review of the Role of the Oireachtas in European
    Affairs. The scrutiny reports were laid in the Houses and sent to the relevant Government
    Minister for consideration. The reports were also circulated to Irish MEPs and other interested
    stakeholders. Details of the Groups and individuals who attended Joint Committee meetings are
    set out at Appendix 5.

Six-Monthly Reports
16. Under the 2002 Act the Committee considers the six monthly reports submitted by all 15
    Government Departments on proposed EU measures and other developments within their remit.
    The reports are in two parts as follows:
    o Part 1 gives an overview of the significant developments at EU level in that Minister‘s
       policy area during the EU Presidency concerned, and
    o Part 2 gives an update on the current status of all of the EU legislative measures being
       negotiated within the remit of that Minister.

17. When the Committee has considered the reports by all 15 Departments it then publishes its own
    composite report providing an analysis of the most significant legislative developments. The
    report also contains an Appendix with Part 1 of each Department‘s report included for
    information. The report may also make recommendations in relation to the compilation of future
    reports by Departments.

18. Under its Orders of Reference, the Joint Committee has the power to request the attendance of
    the Secretary General of a Government Department to discuss their most recent six-monthly
    report and related EU developments. A public hearing of the Joint Committee was held with the
    Secretary General of the Department of Justice and Law Reform on 20 April 2010 to discuss
    their report for the second half of 2009. The Joint Committee also agreed to meet with the
    Secretary General of the Department of Agriculture, Fisheries and Food in January 2010 to
    discuss their report for the first half of 2010.


Joint Sub-Committee on the Review of the Role of the Oireachtas in European Affairs
19. Dáil Éireann and Seanad Éireann adopted Resolutions on 10 December 2009 which put in place
    the arrangements for managing and conducting the rights and obligations provided in the Lisbon
    Treaty and implemented through the European Union Act 2009. The Resolutions provided that
    the arrangements be put in place on an interim basis and required the Joint Committees on
    European Scrutiny and European Affairs to review the operation of these arrangements and to
    jointly report thereon, and on such related matters as the Committees think fit, to Dáil Éireann
    and Seanad Éireann within six months.

20. In March 2010, the two Joint Committees established a Joint Sub-Committee on the Review of
    the Role of the Oireachtas in European Affairs to carry out this review. Deputy Lucinda



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                                                         Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




       Creighton was elected as Chairperson on 24 March 2010. The Orders of Reference of the Joint
       Sub-Committee and Membership list are attached at Appendix 6 and 7 respectively.

21. The Joint Sub-Committee met 11 times, five of which were public hearings with leading
    practitioners in the area of EU affairs and parliamentary control as well as with the Irish MEPs
    and the Minister for Foreign Affairs. Minutes of proceedings of the Joint Sub-Committee
    meetings in public session are attached at Appendix 8. Details of the Groups and individuals
    who attended Joint Committee meetings are set out at Appendix 9.

22. The Joint Sub-Committee agreed its report on 1 July 2010 and forwarded it to the Joint
    Committees on European Scrutiny and European Affairs for their consideration. The report3 was
    agreed by the two Committees at a joint meeting on 7 July 2010. The Committees reported back
    to Dáil Éireann and Seanad Éireann on 7 July 2010 and a motion was placed on the Order Paper
    of both Houses.

23. The report included 28 recommendations, one of which proposed that the interim measures be
    permanently incorporated into Standing Orders. Modifications to Standing Orders to incorporate
    these interim measures were agreed by Dáil Éireann on 25 November and Seanad Éireann on 2
    December 2010. The Terms of Reference of the Joint Committee were also amended on those
    dates which assigned responsibility to the Joint Committee for considering whether draft
    legislative acts comply with the principle of subsidiarity, and for reporting to the Dáil and
    Seanad on cases of non-compliance. Responsibility was also assigned to the Joint Committees
    on European Scrutiny and European Affairs for identifying acts of the EU institutions which may
    infringe the principle of subsidiarity and for reporting to the Dáil and Seanad for the purposes of
    requesting the Minister for Foreign Affairs to bring proceedings before the European Court of
    Justice.

Official Travel
24. The Joint Committee undertook the following travel in 2010 in accordance with its Orders of
    Reference and in connection with its work programme.


          Purpose of travel                  Date and Destination                  Members Travelling
                                              th    th
          Attendance at COSAC                4 – 5 February 2010 –                 John Perry T.D.
          Chairperson's Meeting              Madrid, Spain
          Attendance at COSAC                30th May – 1st June 2010 –            John Perry T.D., Lucinda
          XLII Plenary Session               Madrid, Spain                         Creighton T.D., Michael
                                                                                   Mulcahy T.D.
          Visit to                           22nd – 26th June 2010 -               John Perry T.D., Noel O‘Flynn
          Romanian/Bulgarian                                                       T.D., Michael Kitt T.D.
                                             Bucharest, Romania and
          Parliaments
                                             Sofia, Bulgaria
          Attendance at COSAC                4th – 5th July 2010 -                 John Perry T.D.
          Chairperson's Meeting              Brussels, Belgium
          Attendance at COSAC                24th – 26th October 2010 -            John Perry T.D., Michael Kitt
          XLIV Plenary Session               Brussels, Belgium                     T.D., Senator Paschal Mooney

3
    Copy of report is available on the Oireachtas website www.oir.ie/


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                                                          Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.              Analysis of Legislative Proposals Considered
25. The Joint Committee considered a total of 441 documents in 2010. This section of the report
    provides details of :

     -          the types of proposals for which information notes were received from Government
                Departments

     -          the decisions taken by the Joint Committee on the proposals considered

     -          the proposals sent to sectoral committees.

Information Notes received from Departments
26. The following bar chart shows the number of information notes submitted by each Government
    Department and considered by the Committee in 2010. The number of documents received from
    Departments varies widely, ranging from 0 to 122. 5 Departments submitted less than 10
    documents each. 7 Departments submitted between 10 and 100 documents. The Department
    which submitted the largest number of documents was the Enterprise, Trade and Innovation,
    which submitted a total of 122 documents.

         Analysis of Proposals/documents considered from each Government Department (Fig. 1)


                 Arts        1
            Revenue          2
     Communications          4
           Taoiseach             6
               Health            9
          Environment                11
            Transport                 18                                                            Information Notes
            Education                     22
              Justice                          47
     Foreign Affairs                                67
           Agriculture                              63
              Finance                                69
           Enterprise                                                       122

                         0                     50            100                     150

Note: the statistics for Dept. Taoiseach include proposals submitted by the Central Statistics Office




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                                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Types of documents considered
27. The categories of documents considered during 2010 are depicted in the following chart (Fig. 2):

                              Proposal/documents considered by category (Fig. 2)

                       Budget Document,
                            12, 3%
             CFSP Measure,
                                       Early Warning
                28, 6%
                                      Note, 47, 11%
                 Directive, 30                                                                           Regulation
                     7%                                                                                  Decision
                                                                                                         Directive
                                                                  Regulation, 130,
                                                                                                         CFSP Measure
                                                                       29%
                                                                                                         Budget Document
                              Decision 194
                                  44%                                                                    Early Warning Note




28. As stated earlier, section 2 of the 2002 Act provides for Ministers to send on an information note
    for all proposed EU ―measures‖4. By far the largest category of documents considered by the
    Joint Committee in 2010 were the 382 legislative proposals examined. The 382 legislative
    proposals were made up of 130 Regulations, 30 Directives, 194 Decisions and 28 CFSP
    measures.

29. The other 59 documents are not legislative proposals within the strict meaning of the 2002 Act.
    They are primarily made up of Early Warning Notes5 (47) and budget documents (12).


Decisions by Committee

Overall
30. Of the 441 documents examined in 2010, 21 proposals (5%) were deemed to have implications
    of a significant nature for Ireland and therefore warranted further scrutiny. Of those 21, 10 were
    sent to sectoral Committees for detailed scrutiny (including 2 Title V Justice Measures) and 11
    were further scrutinised by the Joint Committee on European Scrutiny. Details of proposals sent
    to sectoral Committees for detailed scrutiny are set out in Appendix 10.

31. A further 67 proposals, which includes 6 Title V Justice Measures (15%), were sent to sectoral

4
 These are defined in the Act as regulations, directives, decisions, and acts that require the prior approval of both Houses
under Article 29.4.6 of the Constitution. In accordance with the established guidelines, Departments also submit information
notes for certain Decisions.
5
  This is a category for trade measures where the European Commission is considering imposing anti dumping duties on imports from
outside the EU. The Department of Enterprise, Trade and Employment sends an ‗early warning note‘ to this Committee to give details
of a new investigation by the Commission.


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                                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




       Committees for information. The majority of proposals considered by the Joint Committee were
       deemed not to warrant any additional scrutiny (80%). This is made up of the 80% either noted or
       sent to sectoral committees for information, the 6% CFSP measures6 and the 9% EWNs.

                                    Fig. 3 Analysis of Decisions made by category


                              For Further Scrutiny              Sent for Detailed
                                       11                           Scrutiny
                     CFSP Measures, 2%
                           27                                           8
                          6%                                           2%
                                                                    Title V Justice                          No further scrutiny
                 Early Warning
                                                                      Measures                               Sent for information
                     Notes                                                 8
                       41                                                                                    Adopted Measures
                                                                          2%
                       9%                                                                                    Early Warning Notes

                 Adopted Measures                                                                            CFSP Measures
                                                                           No Further Scrutiny
                        44                                                                                   For Further scrutiny
                                                                                  241
                       10%                                                        55%                        Sent for detailed scrutiny
                                         Sent for
                                      Information,                                                           Title V Justice Measures
                                           61
                                          14%




Proposals sent to Sectoral Committees
32. A total of 77 proposals were forwarded to sectoral Committees in 2010. Of these: 67 were sent
    for information and 10 were referred for detailed scrutiny (in some cases, individual proposals
    were forwarded to several committees).

33. The Joint Committee on Justice, Equality, Defence and Women‘s Rights, which received a total
    of 23 proposals, was forwarded the highest number of documents, reflecting the continuing
    importance of this area to Ireland. This Committee was followed by the Joint Committees on
    Agriculture, Fisheries and Food, Enterprise, Trade and Innovation and Finance which received in
    excess of 10 proposals each.

34. Figs. 5 and 6 depict the spread of proposals referred by the Joint Committee to each sectoral
    Committee in 2010.




6
    Many of these measures have been adopted by the Council of Ministers when the Joint Committee receives them.


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                                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                 Fig. 5 Proposals referred to sectoral Committees


                                                                                                           *Referred for
                                                                                        Sent for
                       Sectoral Committee                                                                    Detailed
                                                                                      Information
                                                                                                             Scrutiny             TOTAL
Joint Committee on Agriculture, Fisheries and Food                                          10                      2                12
Joint Committee on Climate Change and Energy Security                                        1                                        1
Joint Committee on Communications, Energy and Natural
Resources                                                                                    2                      1                 3
Joint Committee on Enterprise, Trade and Innovation                                         11                                       11
Joint Committee on the Environment, Heritage and Local
Government                                                                                   2                                        2
Joint Committee on European Affairs                                                          4                                        4
Joint Committee on Finance and the Public Service                                           17                      1                18
Joint Committee on Foreign Affairs                                                           3                                        3
Joint Committee on Health and Children                                                       8                                        8
Joint Committee on Justice, Defence and Women’s Rights                                      17                      6                23
Joint Committee on Social Protection                                                         1                                        1
Joint Committee on Tourism, Culture, Sport, Community,
Equality and Gaeltacht Affairs                                                               1                                        1
Joint Committee on Transport                                                                 6                                        6
                          TOTAL                                                             83                     10                93


                                 Fig. 6 Proposals referred to sectoral Committees

                Transport
                                                  6
                  Tourism         1
         Social Protection
                                  1
                   Justice                        6
                                                                                17
       Health and Children
                                                      8
           Foreign Affairs
                                          3
                                  1                                                              For Detailed Scrutiny
                  Finance
                                                                                17
                                                                                                 For information
         European Affairs
                                              4
             Environment
                                      2
               Enterprise                                      11
          Communications          12
          Climate Change
                                  1
               Agriculture            2                    10

                             0                5           10           15            20




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                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




4.    Looking Forward
35. The work of the Committee is heavily influenced by the European Commission‘s Annual Work
    Programme (AWP). Its Annual Work Programme for 2011 was published on 27 October 2010
    and considered by the Joint Committee at its meeting on 18 November 2010. The text of the
    AWP is attached at Appendix 11. The AWP outlined a range of specific legislative proposals
    which the Commission intends to publish and which the Joint Committee agreed to include in its
    Work Programme for 2011. These proposals relate to:
     
      Common Consolidated Corporate Tax Base,
      Responsible lending and borrowing,
      Rights of and support to victims of crime,
      Regulation of Credit Rating,
      Bank Crisis Management,
      Capital Requirement Directives & Market Abuse Directive,
      Energy efficiency and savings,
      Posting of Workers,
      Working Time,
      European Contract Law,
      Protection of Personal Data,
      Public Procurement,

36. In view of the anticipated General Election in early 2011 a Work Programme for 2011 was not
    agreed by the Joint Committee. This matter will be for a new EU Committee to consider and the
    AWP will be very relevant in that regard.

5.    Decision of the Joint Committee
37. The Joint Committee on European Scrutiny at its meeting of 27 January 2011 considered the
    eighth annual report on the operation of the European Scrutiny Act 2002 for the period 1 January
    to 31 December 2010 and agreed that the report, as presented, should be laid before both Houses
    of the Oireachtas and printed.




                                                                                                                  15
                                            Appendix 1

                             Orders of Reference of the Joint Committee


Dáil Éireann on 23 October 2007 ordered:

―(1)   (a)   That a Select Committee, consisting of 11 Members of Dáil Éireann, be appointed to be
             joined with a Select Committee to be appointed by Seanad Éireann to form the Joint
             Committee on European Scrutiny to-
             (i)     scrutinise, in the context of European Union issues and measures to be taken by
                     the Council of Ministers of the European Union-
                     (I)      any proposals under the Community treaties for legislation by the Council
                              or the Council acting jointly with the European Parliament,
                     (II)     any document which is published for submission to the European Council,
                              the Council or the European Central Bank,
                     (III)    any proposal for a common strategy, a joint action or a common position
                              under Title V of the Treaty on European Union which is prepared for
                              submission to the Council or to the European Council,
                     (IV)     any proposal for a common position, framework decision, decision or a
                              convention under Title VI of the Treaty on European Union which is
                              prepared for submission to the Council,
                              and
                     (V)      any document (not falling within (II), (III), or (IV) above) which is
                              published by one Union institution for or with a view to submission to
                              another Union institution and which does not relate exclusively to the
                              consideration of any proposal for legislation,
                     as it may select;
             (ii)    consider such other matters as may be referred to it from time to time by both
                     Houses of the Oireachtas;
                     and
             (iii)   represent both Houses of the Oireachtas at the Conference of Community and
                     European Affairs Committees of Parliaments of the European Union (COSAC)
                     jointly with the Joint Committee on European Affairs;
             and report thereon to both Houses of the Oireachtas in consultation with the Joint
             Committee on European Affairs.
       (b)   The Joint Committee shall have:
             (i)     the powers defined in Standing Order 83(1) to (9) inclusive;
             (ii)    the power to refer a proposal for EU legislation which has been considered by it
                     (and which has been concluded to be of sufficient importance to require additional
                     scrutiny) to a Joint Committee on which has been conferred the power defined in
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                      Standing Order 83(4) to consider such proposals;
              (iii)   the power to request the attendance of Members of the Government (or Ministers
                      of State nominated in their stead) and provide, in private session if so desired by
                      the Member of the Government or Minister of State, oral briefings to enable the
                      Joint Committee to make known its views;
              (iv)    the power to request the attendance of the Secretary General of a Government
                      Department (or a nominated representative) to discuss the six monthly reports laid
                      before each House of the Oireachtas under section 2(4) of the European Union
                      (Scrutiny) Act 2002 and other developments related to the European Union which
                      falls within the remit of that Department;
                      and
              (v)     the power, in accordance with Standing Order 88, to refer by way of a report, a
                      proposal for EU legislation which has been considered by it (and which has been
                      concluded to be of sufficient importance to require further debate) to either or both
                      Houses of the Oireachtas.
       (c)    The following persons may attend meetings of the Joint Committee and may take part in
              proceedings without having a right to vote or to move motions and amendments-
              (i)     Members of the European Parliament elected from constituencies in Ireland
                      (including Northern Ireland);
       (b)            and
              (ii)    at the invitation of the Joint Committee, other Members of the European
                      Parliament.
       (d)    The quorum of the Joint Committee shall be five, of whom at least one shall be a Member
              of Dáil Éireann and one a Member of Seanad Éireann.
(2)    The Chairman of the Joint Committee, who shall be a Member of Dáil Éireann, shall also be
       Chairman of the Select Committee.‖




Dáil Éireann agreed the following order on 25 November 2010:

That the Order of the Dáil of 23 October 2007 establishing the Joint Committee on European
Scrutiny be amended by the insertion of the following paragraph after paragraph (1) (b) (i) –

      ―(ii) the powers defined in Standing Orders 103C and 103E.‖
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Seanad Éireann on 24 October 2007 ordered:

―(1)   (a)   That a Select Committee, consisting of 4 Members of Seanad Éireann, be appointed to
             be joined with a Select Committee to be appointed by Dáil Éireann to form the Joint
             Committee on European Scrutiny to-
             (i)    scrutinise, in the context of European Union issues and measures to be taken by
                    the Council of Ministers of the European Union-
                    (I)     any proposals under the Community treaties for legislation by the
                            Council or the Council acting jointly with the European Parliament,
                    (II)    any document which is published for submission to the European
                            Council, the Council or the European Central Bank,
                    (III) any proposal for a common strategy, a joint action or a common position
                            under Title V of the Treaty on European Union which is prepared for
                            submission to the Council or to the European Council,
                    (IV) any proposal for a common position, framework decision, decision or a
                            convention under Title VI of the Treaty on European Union which is
                            prepared for submission to the Council,
                            and
                    (V)     any document (not falling within (II), (III), or (IV) above) which is
                            published by one Union institution for or with a view to submission to
                            another Union institution and which does not relate exclusively to the
                            consideration of any proposal for legislation,
                    as it may select;
             (ii) consider such other matters as may be referred to it from time to time by both
                    Houses of the Oireachtas;
                    and
             (iii) represent both Houses of the Oireachtas at the Conference of Community and
                    European Affairs Committees of Parliaments of the European Union (COSAC)
                    jointly with the Joint Committee on European Affairs;
             and report thereon to both Houses of the Oireachtas in consultation with the Joint
             Committee on European Affairs.
       (b)   The Joint Committee shall have:
             (i)    the powers defined in Standing Order 70(1) to (9) inclusive;
             (ii) the power to refer a proposal for EU legislation which has been considered by it
                    (and which has been concluded to be of sufficient importance to require
                    additional scrutiny) to a Joint Committee on which has been conferred the
                    power defined in Standing Order 70(4) to consider such proposals;
             (iii) the power to request the attendance of Members of the Government (or
                    Ministers of State nominated in their stead) and provide, in private session if so
                    desired by the Member of the Government or Minister of State, oral briefings to
                    enable the Joint Committee to make known its views;
             (iv) the power to request the attendance of the Secretary General of a Government
                    Department (or a nominated representative) to discuss the six monthly reports
                    laid before each House of the Oireachtas under section 2(4) of the European
                    Union (Scrutiny) Act 2002 and other developments related to the European
                    Union which falls within the remit of that Department;
                    and
             (v) the power, in accordance with Standing Order 75, to refer by way of a report, a
                    proposal for EU legislation which has been considered by it (and which has
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                    been concluded to be of sufficient importance to require further debate) to either
                    or both Houses of the Oireachtas.
        (c) The following persons may attend meetings of the Joint Committee and may take part
             in proceedings without having a right to vote or to move motions and amendments-
             (i)    Members of the European Parliament elected from constituencies in Ireland
                    (including Northern Ireland);
                    (c)      and
             (ii) at the invitation of the Joint Committee, other Members of the European
                    Parliament.
        (d) The quorum of the Joint Committee shall be five, of whom at least one shall be a
             Member of Dáil Éireann and one a Member of Seanad Éireann.
(2)     The Chairman of the Joint Committee shall be a Member of Dáil Éireann.‖

Seanad Éireann agreed the following order on 2 December 2010:

That the Order of the Seanad of 24th October, 2007, establishing the Joint Committee on European
Scrutiny be amended as follows:

1. in paragraph (1), by the deletion of ‗4 members‘ and the substitution therefor of ‗6 members‘; and

2. by the insertion of the following paragraphs after paragraph (a):
―(ab) In accordance with Standing Order 78, the Select Committee shall, previous to the
commencement of its business, elect one of its members to be Chairman, and three members shall
constitute a quorum.

(ac) The Select Committee shall have the powers set out in Standing Orders 98C and 98E.‖
                                                        Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                                    Appendix 2

                                       Membership of the Joint Committee

             JOINT COMMITTEE ON EUROPEAN SCRUTINY MEMBERSHIP


Membership7

Deputies:

Michael Creed8
Lucinda Creighton
Timmy Dooley
Noel Grealish
Brendan Howlin9
Michael Kitt (Vice-Chairman)10
Michael Mulcahy
Noel O‘Flynn11
Aengus O‘Snodaigh
Tom Sheahan12
Vacancy13

Senators:

Paddy Burke
Terry Leyden
Eugene Regan14
Alex White15


7
     Senator Cecilia Keaveney was nominated to serve on the Joint Committee on European Scrutiny by the Seanad
Committee of Selection on 27 January 2010 and discharged from the Committee on 9 March 2010
8
    Deputy Michael Creed replaced Deputy Damien English on 11 November 2010
9
    Deputy Brendan Howlin (Lab) replaced Deputy Joe Costello (Lab) by Order of Dáil Éireann on 8th July 2010
10
     Deputy Michael Kitt replaced Deputy Chris Andrews on 10 July 2009 and was appointed Vice-Chairman of the
Committee at the meeting of 2 December 2010
11
     Deputy Noel O‘Flynn replaced Deputy Michael McGrath on 13 March 2008
12
     Deputy Tom Sheahan replaced Deputy John Perry on 11 November 2010 and was elected as Chairman of the
Committee at the meeting of 18 November 2010
13
     There is a vacancy in the Committee since 24 March 2010 when the previous Vice-Chairman, Deputy Sean Connick
was appointed as a Minister of State
14
     Senator Eugene Regan was nominated to serve on the Joint Committee on European Scrutiny by the Seanad
Committee of Selection on 9 February 2010
15
     Senator Alan Kelly (Labour Party) ceased to be a member of the committee on his election as a Member of the
                                                      Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Paschal Mooney16




European Parliament on 8 June 2009. Senator Alex White was appointed in substitution for him on 27 January 2010
16
     Senator Paschal Mooney (Fianna Fáil) was nominated to serve on the Joint Committee on European Scrutiny by the
Seanad Committee of Selection on 22 June 2010
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                          Appendix 3

       Minutes of proceedings of the Joint Committee meetings in public session


                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 12 JANUARY 2010
1. OPENING OF MEETING
The Joint Committee met at 12.12 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Noel O‘Flynn, Aengus O‘Snodaigh and
John Perry in the chair.

Senator: Kieran Phelan.

Substitutes: Deputy John McGuinness for Michael Mulcahy, Senator Joe O‘Reilly for Paddy Burke
and Senator Francis O‘Brien for Terry Leyden (for part of the meeting).

The Committee agreed to start the meeting in private session. The Committee went into public
session at 12.44 p.m.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 19 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 1.11 p.m. sine die.


________________
Mr. John Perry, T.D.
Chairman
28 January 2010
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                           Joint Committee on European Scrutiny

                                     Meeting of 12 January 2010

                                            Decision List


Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Justice and Home Affairs measures
5. Early Warning Notes


1.     Adopted Measures

     1.1   COM(2009)522
           Proposal for a Council Decision authorising the Kingdom of Sweden and the
           United Kingdom of Great Britain and Northern Ireland to apply a measure
           derogating from Article 167 of Council Directive 2006/112/EC on the
           common system of value added tax
           Lead department           Department of Finance
           Other department(s)       Office of the Revenue Commisioners


           Based on the information available, it was agreed that this adopted
           proposal does not warrant further scrutiny.

     1.2   COM(2009)613
           Proposal for a Council Decision authorising the placing on the market of
           products containing, consisting of, or produced from genetically modified
           maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of
           the European Parliament and of the Council.

           Lead department          Department of Agriculture, Fisheries and Food
           Other department(s)      Department of Health and Children


           Based on the information available, it was agreed that the adopted
           proposal does not warrant further scrutiny.

     1.3   COM(2009)625 - FON
           Proposal for a Council Regulation imposing a definitive anti-dumping duty on
           imports of furfuryl alcohol originating in the People‘s Republic of China
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           following an expiry review pursuant to Article 11(2) of Regulation (EC) No
           384/96

           Lead department           Department of Enterprise, Trade and Employment


           Based on the information available, it was agreed that this adopted
           proposal does not warrant further scrutiny.

     1.4   COM(2009)650
           Proposal for a Council Decision repealing Council Decision N° 2009/473/EC
           concerning the conclusion of an Agreement in the form of an Exchange of
           Letters on the provisional application of the Fisheries Partnership Agreement
           between the European Community and the Republic of Guinea

           Lead department           Department of Agriculture, Fisheries and Food


           Based on the information available, it was agreed that this adopted
           proposal does not warrant further scrutiny.

     1.5   COM(2009)663 - FON
           Proposal for a Council Regulation concluding the 'new exporter' review of
           Regulation (EC) No 1338/2006 imposing a definitive anti-dumping duty on
           imports of chamois leather originating in the People's Republic of China,
           levying retroactively and imposing an anti-dumping duty with regard to
           imports from one exporter in this country and terminating the registration of
           these imports

           Lead department           Department of Enterprise, Trade and Employment


           It was agreed to note this adopted measure.



2.     For no further scrutiny

     2.1   COM(2009)605
           Proposal for a Council Decision on the conclusion of the Arrangement
           between the European Community and the Republic of Iceland, the
           Principality of Liechtenstein, the Kingdom of Norway and the Swiss
           Confederation on the participation by those States in the work of the
           committees which assist the European Commission in the exercise of its
           executive powers as regards the implementation, application and development
           of the Schengen acquis

           Lead department           Department of Justice, Equality and Law Reform
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                                  AND
     2.2   COM(2009)606
           Proposal for a Council Decision on the signing of the Arrangement between
           the European Community and the Republic of Iceland, the Principality of
           Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the
           participation by those States in the work of the committees which assist the
           European Commission in the exercise of its executive powers as regards the
           implementation, application and development of the Schengen acquis

           Lead department           Department of Justice, Equality and Law Reform


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

     2.3   COM(2009)659 - FON
           Proposal for a Council Regulation repealing the anti-dumping duty imposed
           by Regulation (EC) No 172/2008 on imports of ferro-silicon originating in the
           former Yugoslav Republic of Macedonia

           Lead department           Department of Enterprise, Trade and Employment


           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.



3.     For no further scrutiny - send to sectoral Committee for
       information

     3.1   COM(2009)655 - FON
           Proposal for a Council Regulation imposing a definitive anti-dumping duty on
           imports of certain footwear with uppers of leather originating in Vietnam and
           originating in the People's Republic of China, as extended to imports of certain
           footwear with uppers of leather consigned from the Macao SAR, whether
           declared as originating in the Macao SAR or not, following an expiry
           review     pursuant to Article 11(2) of Council Regulation (EC) No 384/96

           Lead department           Department of Enterprise, Trade and Employment


           Given that there are no reported difficulties for Ireland and that it is
           likely that the Council will have adopted the proposal, it was agreed that
           this proposal does not warrant further scrutiny. However, due to the fact
           that Ireland has expressed concerns with regard to maintaining these
           anti-dumping measures and that the Department has been contacted by
           retail interests in Ireland who are also concerned by this proposal, it was
           also agreed to forward this proposal to the Joint Committee on
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Enterprise, Trade and Employment for information.




4.     Title IV and Title VI Measures

     4.1   16075/1/09
           Proposal for an EU Council Decision on the setting up of the Standing
           Committee on operational cooperation on internal security

           Lead department            Department of Justice, Equality and Law Reform
           Other department(s)        Department of Foreign Affairs


           Based on the information available and given that it is likely that an opt-
           in motion with regard to this proposal will be dealt with by Dáil and
           Seanad Éireann during the week commencing 18 January 2010, it was
           agreed that this proposal would not be scrutinised any further by the
           Scrutiny Committee. It was agreed that it will be forwarded to the Joint
           Committee on Justice, Equality, Defence and Women’s Rights for
           information.


5.     Early Warning Notes

     5.1   EWN C270/10
           Notice of initiation of an expiry review and a partial interim review of the anti-
           dumping measures applicable to imports of okoume plywood originating in
           the People‘s Republic of China

           Lead department            Department of Enterprise, Trade and Employment


           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny at this stage.


     5.2   EWN C284/10
           Notice of initiation of a partial interim review of the anti-dumping measures
           applicable to imports of polyester staple fibres originating in the Republic of
           Korea

           Lead department            Department of Enterprise, Trade and Employment


           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny at this stage.
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




5.3   EWN C291/09
      Notice of initiation of a partial interim review of the anti-dumping measures
      applicable to imports of polyethylene terephthalate (PET) film originating in
      India

      Lead department           Department of Enterprise, Trade and Employment


      Based on the information available, it was agreed that this early warning
      note does not warrant further scrutiny at this stage.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                        JOINT COMMITTEE ON EUROPEAN SCRUTINY

                        MINUTES OF MEETING OF 28 JANUARY 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.15 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Damien English, Michael Kitt, Michael
Mulcahy and John Perry in the chair.

Senator: Paddy Burke.

Apologies: Senator Terry Leyden.

The Committee agreed to start the meeting in private session. The Committee went into public
session at 11.48 a.m.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 25 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 11.54 a.m. until Tuesday, 9th February 2010.




________________
Mr. John Perry, T.D.
Chairman
9 February 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                         Joint Committee on European Scrutiny

                                   Meeting of 28 January 2010

                                           Decision List


Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Early Warning Notes
5. Justice and Home Affairs measures



1.     Adopted Measures

1.1     COM(2009)539
Proposal for a Council Regulation amending Regulation (EC) No 1234/2007 establishing a common
organisation of agricultural markets and on specific provisions for certain agricultural products
(single CMO Regulation).

Lead department       Department of Agriculture, Fisheries and Food

Based on the information available, it was agreed that this adopted proposal does not warrant
further scrutiny.

1.2    COM(2009)619
Proposal for a Council Decision on the financial contributions to be paid by the Member States to
finance the European Development Fund in 2010 and 2011.

Lead department       Department of Foreign Affairs

Based on the information available, it was agreed that the adopted proposal does not warrant
further scrutiny.

1.3    COM(2009)632
Proposal for a Council Decision on establishing the European Community position within the
Ministerial Council of the Energy Community (Zagreb, 18 December2009).

Lead department     Department of Communications, Energy and Natural Resources
Other department(s) Department of Foreign Affairs

Based on the information provided by the Department, it was agreed to note this adopted
proposal.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




1.4     COM(2009)645
Proposal for a Council Regulation amending Regulation (EC) No 1255/96 temporarily suspending
the autonomous common customs tariff duties on certain industrial, agricultural and fishery
products.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food

It was agreed to note this adopted measure.

1.5    COM(2009)651
Proposal for a Council Regulation opening and providing for the management of autonomous
Community tariff quotas for certain agricultural and industrial products.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food

It was agreed to note this adopted measure.

1.6     COM(2009)660
Proposal for a Decision of the European Parliament and of the Council on the Mobilisation of the
Flexibility Instrument.

Lead department       Department of Finance

Based on the information available, it was agreed that this adopted measure does not warrant
further scrutiny.



2.     For no further scrutiny

2.1     COM(2007)744
Proposal for a Council Decision concerning the signing and conclusion of the Interim Agreement on
trade and traderelated matters between the European Community, of the one part, and the Republic
of Serbia, of the other part.

Lead department       Department of Foreign Affairs

Based on the information available, it was agreed that this measure does not warrant further
scrutiny.

2.2    COM(2009)541
Proposal for a Council Regulation amending Regulation (EC) No 708/2007 concerning use of alien
and locally absent species in aquaculture.

Lead department       Department of Agriculture, Fisheries and Food

Based on the information available, it was agreed that this measure does not warrant further
scrutiny.
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.3     COM(2009)577
Proposal for a Council Directive implementing the Framework Agreement on prevention from sharp
injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Health and Children

Based on the information available, it was agreed that this measure does not warrant further
scrutiny.

2.4     COM(2009)609
Proposal for a Council Decision authorising France to apply differentiated levels of taxation to motor
fuels under Article 19 of Directive 2003/96/EC.

Lead department       Department of Finance

Based on the information available, it was agreed that this measure does not warrant further
scrutiny.

2.5    COM(2009)620
Proposal for a Council Decision on the conclusion of a protocol to the Euro-Mediterranean
Agreement between the European Communities and their Member States, of the one part, and the
Republic of Tunisia, of the other part, to take account of the accession of the Republic of Bulgaria
and Romania to the European Union

Lead department       Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment
Department of Justice, Equality and Law Reform

                                                 AND
2.6    COM(2009)621
Proposal for a Council Decision on the signing and the provisional application of a protocol to the
Euro-Mediterranean Agreement between the European Communities and their Member States, of the
one part, and the Republic of Tunisia, of the other part, to take account of the accession of the
Republic of Bulgaria and Romania to the European Union

Lead department       Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment
Department of Justice, Equality and Law Reform

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

2.7     COM(2009)634
Proposal for a Regulation of the European Parliament and of the Council on common rules for the
allocation of slots at Community airports.
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department       Department of Transport

Based on the information available, it was agreed that this technical measure does not warrant
further scrutiny.

2.8      COM(2009)653
Proposal for a Council Decision on the position to be taken by the European Union concerning the
proposal to amend the Annex A of the Agreement between the European Community and the
Government of the People's Republic of China on drug precursors and substances frequently used in
the illicit manufacture of narcotic drugs or psychotropic substances.

Lead department     Department of Health and Children
Other department(s) Office of the Revenue Commissioners

Given the information from the Department, it was agreed that this proposal does not warrant
further scrutiny.

2.9    COM(2009)670
Proposal for a Council Decision repealing Decision 2009/472/EC of 6 April 2009 and concerning the
follow-up to the consultation procedure with the Islamic Republic of Mauritania under Article 96 of
the ACP-EC Partnership Agreement.

Lead department       Department of Foreign Affairs

Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.

2.10 COM(2009)677 - FON
Proposal for a Council Regulation Amending Regulation (EC) No 452/2007 imposing a definitive
anti-dumping duty on imports of ironing boards originating, inter alia, in the People's Republic of
China.

Lead department       Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this finalised measure does not warrant
further scrutiny.

2.11 COM(2009)697 - FON
Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of
ethanolamines originating in the United States of America.

Lead department       Department of Enterprise, Trade and Employment

Based on the information available, and the fact that agreement is being sought at Council
level by the end of this month, it was agreed that the measure does not warrant further
scrutiny.
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.     For no further scrutiny - send to sectoral Committee for information

3.1     COM(2008)50
Proposal for a Council Decision on the signing of an Agreement between the European Community
and its Member States, of the one part, and the Republic of South Africa, of the other part, amending
the Agreement on Trade, Development and Cooperation

Lead department     Department of Foreign Affairs
Other department(s) Department of Justice, Equality and Law Reform

Based on the information from the Department, it was agreed that this proposal, in relation to
which the Council Decision has been adopted, be noted. It was agreed that it will be sent for
information to the Joint Committee on Foreign Affairs in advance of any motion coming
before Dáil Éireann with regard to the ratification of this Agreement.

3.2    COM(2008)530
Proposal for a Council Decision concerning the conclusion, by the European Community, of the
United Nations Convention on the Rights of Persons with Disabilities.

Lead department     Department of Justice, Equality and Law Reform
Other department(s) Department of Arts, Sport and Tourism, Department of Communications,
                    Energy and Natural Resources, Department of Defence, Department of
                    Education and Science, Department of Enterprise, Trade and Employment,
                    Department of Environment, Heritage and Local Government, Department of
                    Foreign Affairs, Department of Health and Children, Department of Social
                    and Family Affairs, Department of Transport

Given that the Council Decision on concluding the UN Convention of the Rights of Persons
with Disabilities has been adopted by the Council, it was agreed that this part of the proposal
does not warrant further scrutiny. However, the Council has not yet adopted the draft Council
Decision on the conclusion of the Additional Protocol to the Convention despite the fact that
the draft Decision has been approved by the European Parliament. It was therefore agreed to
write to the Department of Justice, Equality and Law Reform to seek clarification on why the
Council has decided not to adopt this part of the proposal at this stage. It was also agreed to
forward the proposal to the Joint Committee on Justice, Equality, Defence and Womens'
Rights for information.

3.3     COM(2009)491
Proposal for a Directive of the European Parliament amending Directives 2003/71/EC on the
prospectus to be published when securities are offered to the public or admitted to trading and
2004/109/EC on the harmonisation of transparency requirements in relation to information about
issuers whose securities are admitted to trading on a regulated market.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Finance

Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny. It was agreed that it would be sent to the Joint Committee on
Finance and the Public Service for information.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.4    COM(2009)636
Proposal for a Council Regulation fixing for the 2010 fishing year the guide prices and Community
producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000

Lead department       Department of Agriculture, Fisheries and Food

Based on the information provided by the Department, it was agreed to note this adopted
proposal. It was further agreed to send it to the Joint Committee on Agriculture, Fisheries and
Food for information.


4.     Early Warning Notes

4.1     EWN L153/06
Commission Regulation (EC) No 512/2009 of 16 June 2009 initiating a ―new exporter ‖review of
Council Regulation (EC) No 1905/2003 imposing a definitive anti-dumping duty on imports of
furfuryl alcohol originating in the People‘s Republic of China, repealing the duty with regard to
imports from one exporting producer in this country and making these imports subject to
registration.

Lead department       Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.


5.     Justice and Home Affairs Measures

5.1     COM(2009)704
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of
the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member
States of the European Union and the 2001 Protocol thereto.

Lead department       Department of Justice, Equality and Law Reform

Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that the proposal requires Oireachtas approval
under Article 29.4.7 of the Constitution, it was also agreed to forward this proposal to the Joint
Committee on Justice, Equality, Defence and Women's Rights for information.

5.2    COM(2009)705
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the
Member States of the European Union and Iceland and Norway.

Lead department       Department of Justice, Equality and Law Reform
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that the proposal requires Oireachtas approval
under Article 29.4.7 of the Constitution, it was also agreed to forward this proposal to the Joint
Committee on Justice, Equality, Defence and Women's Rights for information.

5.3    COM(2009)706
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and Japan on the mutual legal assistance in criminal matters.

Lead department      Department of Justice, Equality and Law Reform

Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that the proposal requires Oireachtas approval
under Article 29.4.7 of the Constitution, it was also agreed to forward this proposal to the Joint
Committee on Justice, Equality, Defence and Women's Rights for information.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                        MINUTES OF MEETING OF 9 FEBRUARY 2010
1.     OPENING OF MEETING
The Joint Committee met at 12.08 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Sean Connick, Lucinda Creighton, Michael Kitt, Michael Mulcahy, Aengus O‘Snodaigh
and John Perry in the chair.

Senator: Paddy Burke and Terry Leyden.

Apologies: Deputy Timmy Dooley.

The Committee agreed to start the meeting in private session.

[PRIVATE SESSION]


[PUBLIC SESSION]


2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 15 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 12.31 p.m. until Tuesday, 23rd February 2010.




________________
Mr. John Perry, T.D.
Chairman
23 February 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                         Joint Committee on European Scrutiny

                                   Meeting of 9 February 2010

                                          Decision List


Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Early Warning Notes
5. Justice and Home Affairs measures




1.     For no further scrutiny

1.1    15177/09
Proposal for a Council Regulation amending the lists of insolvency proceedings, winding-up
proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency
proceedings and codifying Annexes A, B and C to that Regulation.

Lead department     Department of Justice, Equality and Law Reform
Other department(s) Department of Enterprise, Trade and Employment

Given that this is a technical measure with no particular implications for Ireland, it was agreed
that the measure does not require further scrutiny by this Committee.

1.2    COM(2009)631
Proposal for a Council Decision on the signing on behalf of the European Community and
provisional application of the Framework Agreement between the European Community and its
Member States, of the one part, and the Republic of Korea, of the other part.

Lead department     Department of Foreign Affairs
Other department(s) Department of Defence, Department of Education and Science,
                    Department of Enterprise, Trade and Employment, Department of
                    Environment, Heritage and Local Government, Department of Finance,
                    Department of Justice, Equality and Law Reform

Given that the text of the Agreement has already been negotiated it was agreed that this
technical measure does not require further scrutiny by this Committee.

1.3    COM(2009)679
Proposal for a Council Decision on the signing of a voluntary partnership agreement between the
European Union and the Republic of the Congo on forest law enforcement, governance and trade in
timber and derived products to the European Union (FLEGT).
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department     Department of Agriculture, Fisheries and Food
Other department(s) Office of the Revenue Commissioners

Based on the information available, it was agreed that this measure does not warrant further
scrutiny.

1.4    COM(2009)712
Proposal for a Council Decision appointing members of the European Social Fund Committee.

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

Given the technical nature of the proposal, it was agreed that the substance of this proposal
does not warrant further scrutiny. Clarification was sought from the Department of
Enterprise, Trade and Employment on the reason Ireland’s nominations are still pending. On
the basis of the information received it was agreed to note the proposal and the
correspondence.

1.5    SEC(2009)1635
Amending Letter No. 3 to the Preliminary Draft Budget 2010. Statement of Expenditure by section.
Section II - Council.

Lead department     Department of Finance
Other department(s) None

Given the information provided by the Department, it was agreed to note this adopted
proposal.



2.     Early Warning Notes

2.1    EWN: 2009/C234/05
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
glyphosate originating in the People‘s Republic of China.

Lead department       Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.

2.2    EWN: 2009/C308/12
Notice concerning anti-dumping measures on imports of ironing boards originating in the People‘s
Republic of China and a partial reopening of the anti-dumping investigation concerning imports of
ironing boards originating, inter alia, in the People‘s Republic of China.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) None
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.

2.3    EWN: 2009/C322/08
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
tungsten carbide and fused tungsten carbide originating in the People‘s Republic of China.

Lead department       Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.

2.4     EWN: 6/2010
Commission Regulation (EU) No 6/2010 of 5 January 2010 initiating a review of Council
Regulations (EC) No 1292/2007 and (EC) No 367/2006 (imposing definitive anti-dumping and
countervailing duties on imports of polyethylene terephthalate (PET) film originating in India, and
extending those duties to imports of that product consigned from, inter alia, Israel) for the purposes
of determining the possibility of granting an exemption from those measures to one Israeli exporter,
repealing the anti-dumping duty with regard to imports from that exporter and making imports from
that exporter subject to registration.

Lead department       Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this early warning note does not
warrant further scrutiny at this stage.

2.5    EWN: C8/10
Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of
polyethylene terephthalate (PET) film originating in India.

Lead department       Department of Enterprise, Trade and Employment

Given that there are no reported difficulties for Ireland, it was agreed that this trade matter
does not warrant further scrutiny.

2.6    EWN: C8/11
Notice of initiation of a partial interim review of the countervailing measures applicable to imports
of polyethylene terephthalate (PET) film originating in India.

Lead department       Department of Enterprise, Trade and Employment

Given that there are no reported difficulties for Ireland, it was agreed that this trade matter
does not warrant further scrutiny.

2.7    EWN: L332/60
Commission Regulation (EC) No 1242/2009 of 16 December 2009 imposing a provisional anti-
dumping duty on imports of certain cargo scanning systems originating in the People‘s Republic of
China.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department       Department of Enterprise, Trade and Employment

Given that there are no reported difficulties for Ireland, it was agreed that this measure does
not warrant further scrutiny.

2.8    EWN: L336/16
Commission Regulation (EC) No 1247 /2009 of 17 December 2009 imposing a provisional anti-
dumping duty on imports of certain molybdenum wires originating in the People‘s Republic of
China.

Lead department       Department of Enterprise, Trade and Employment

Given that there are no reported difficulties for Ireland, it was agreed that this measure does
not warrant further scrutiny.



3.     Justice and Home Affairs Measures

3.1     5275/10
Council Decision on the conclusion of the Agreement between the European Union and the United
States of America on the processing and transfer of Financial Messaging Data from the European
Union to the United States for purposes of the Terrorist Finance Tracking Program.

Lead department       Department of Justice, Equality and Law Reform

Given the concerns raised by the Civil Liberties Committee of the European Parliament on the
Agreement's respect for an EU citizen's right to personal data protection and that this
proposal will require Oireachtas approval in accordance with Article 29.4.7 of the
Constitution, it was agreed that this proposal warrants further scrutiny. To this end, it was
agreed to forward this proposal to the Joint Committee on Justice, Equality, Defence and
Women's Rights for detailed scrutiny.

3.2     5280/10
Draft Council Decision on the conclusion of the Agreement on behalf of the European Union of the
Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway
on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of
cross-border cooperation, particularly in combating terrorism and cross-border crime and Council
Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of
cross border cooperation, particularly in combating terrorism and cross border crime, and the Annex
thereto.

Lead department       Department of Justice, Equality and Law Reform

Based on the information available, it was agreed that this proposal does not warrant further
scrutiny by this Committee. However, given that Oireachtas approval is required before this
proposed Council Decision can be adopted, it was also agreed to forward this proposal to the
Joint Committee on Justice, Equality, Defence and Women’s Rights for information.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 23 FEBRUARY 2010
1.   OPENING OF MEETING
The Joint Committee met at 12.10 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Michael Kitt, Michael Mulcahy, Aengus
O‘Snodaigh and John Perry in the chair.

Senators: Eugene Regan and Alex White.

Apologies: Senator Cecilia Keaveney.

The Committee agreed to start the meeting in private session.

[PUBLIC SESSION]

2.   SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 11 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.   ADJOURNMENT
The meeting was adjourned at 12.51 p.m. until Tuesday, 2nd March 2010.




________________
Mr. John Perry, T.D.
Chairman
9 March 2010
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                          Joint Committee on European Scrutiny

                                    Meeting of 23 February 2010

                                            Decision List


Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further scrutiny – noted
3. For no further Scrutiny – sent to sectoral Committee for information
4. Early Warning Notes
5. Justice and Home Affairs measures


1.     For no further scrutiny

1.1     2009/1024/EU
Council Decision of 22 December 2009 amending the Schengen consultation network (technical
specifications).

Lead department        Department of Justice, Equality and Law Reform

Based on the fact that the proposal does not apply to Ireland, and is a technical Schengen
matter in this specific case, it was agreed that the proposal does not warrant further scrutiny.

1.2    COM(2009)657
Proposal for a Council Decision on the Community position to be taken in the EU – Switzerland
Joint Committee established in the Agreement between the European Community and the Swiss
Confederation in the audiovisual field, establishing the terms and conditions for the participation of
the Swiss Confederation in the Community program MEDIA 2007, as regards a Joint Committee
decision updating Article 1 in Annex I of the Agreement.

Lead department     Department of Arts, Sport and Tourism
Other department(s) Department of Communications, Energy and Natural Resources

Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.

1.3     COM(2009)684
Proposal for a Council Decision on the Union position to be adopted in the Cooperation Committee
established by the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and Georgia, of the other part, in relation to the establishment
of new subcommittees.

Lead department     Department of Foreign Affairs
Other department(s) Department of Communications, Energy and Natural Resources, Department
                    of Education and Science, Department of Enterprise, Trade and Employment,
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       Department of Health and Children, Department of Social and Family Affairs,
                       Department of Transport

Based on the information available, it was agreed that the proposal does not warrant further
scrutiny.

1.4     COM(2009)685
Proposal for a Council Decision on the Union position to be adopted in the Cooperation Committee
established by the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Republic of Armenia, of the other part, in relation to
the establishment of new subcommittees.

Lead department     Department of Foreign Affairs
Other department(s) Department of Communications, Energy and Natural Resources, Department
                    of Education and Science, Department of Enterprise, Trade and Employment,
                    Department of Health and Children, Department of Social and Family Affairs,
                    Department of Transport

Based on the information available, it was agreed that the proposal does not warrant further
scrutiny.

1.5     COM(2009)686
Proposal for a Council Decision on the Union position to be adopted in the Cooperation Committee
established by the Partnership and Cooperation Agreement between the European Communities and
their Member States, of the one part, and the Republic of Azerbaijan, of the other part, in relation to
the establishment of new subcommittees.

Lead department     Department of Foreign Affairs
Other department(s) Department of Communications, Energy and Natural Resources, Department
                    of Education and Science, Department of Enterprise, Trade and Employment,
                    Department of Health and Children, Department of Social and Family Affairs,
                    Department of Transport

Based on the information available, it was agreed that the proposal does not warrant further
scrutiny.

1.6     COM(2010)16 - FON
Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of certain
ring binder mechanisms originating in the People‘s Republic of China following an expiry review
pursuant to Article 11(2) of Regulation (EC) No 384/96.

Lead department        Department of Enterprise, Trade and Employment


Based on the information available, it was agreed that this anti dumping measure does not
warrant further scrutiny.

1.7    COM(2010)17 - FON
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Proposal for a Council Regulation terminating the partial interim review of the anti-dumping
measures applicable to imports of certain tungsten electrodes originating in the People's Republic of
China.

Lead department        Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this anti dumping measure does not
warrant further scrutiny.

1.8    COM(2010)29
Proposal for a Council Regulation extending the suspension of the definitive anti-dumping duty
imposed by Regulation (EC) 1683/2004 on imports of glyphosate originating in the People's
Republic of China.

Lead department        Department of Enterprise, Trade and Employment

Based on the information available, it was agreed that this trade related proposal does not
warrant further scrutiny.



2.     For no further scrutiny - send to sectoral Committee for information

2.1      16801/09
Initiative for a Directive of the European Parliament and of the Council on the rights to interpretation
and to translation in criminal proceedings.

Lead department        Department of Justice, Equality and Law Reform

Given that
(1)    the proposal was already scrutinised by this Committee last year, including at a meeting
in public session with representatives from the Department of Justice
(2)    the proposal is likely to be referred to the Justice Committee this week to consider the
approval of an opt in motion for Ireland to take part in the measure, it was agreed that the
proposal does not warrant further scrutiny by this Committee and should be forwarded to the
Joint Committee on Justice, Equality, Defence and Women’s Rights for information.

2.2     COM(2009)662
Amended Proposal for a Decision of the European Parliament and of the Council amending the
Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial
management as regards the multiannual financial framework: Financing projects in the field of
energy in the context of the European Economic Recovery Plan.

Lead department     Department of Finance
Other department(s) Department of Agriculture, Fisheries and Food, Department of
                    Communications, Energy and Natural Resources

It was agreed that this agreed proposal be noted. However, it was agreed to forward the
proposal for information to the Joint Committee on Agriculture and Food and the Joint
Committee on Communications, Energy and Natural Resources for information.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.     Justice and Home Affairs Measures

3.1      17513/09 COPEN 247 + COR 1
Initiative for a Directive of the European Parliament and of the Council on the European Protection
Order.

Lead department       Department of Justice, Equality and Law Reform

Given that concerns have been raised about the legal basis of this proposal, its possible
implications for domestic legislation and that Oireachtas approval may be required if the
Government decides to opt-in into the proposal, it was agreed that this proposal warrants
further scrutiny. To this end, it was agreed that the proposal is forwarded to the Joint
Committee on Justice, Equality, Defence and Women’s Rights for detailed scrutiny.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                         MINUTES OF MEETING OF 2 MARCH 2010

1.   OPENING OF MEETING

The Joint Committee met at 12.10 p.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Lucinda Creighton, Michael Kitt, and John Perry in the chair.

Senators: Terry Leyden and Alex White.

Apologies: Deputies Sean Connick and Aengus O‘Snodaigh.

The Committee agreed to start the meeting in private session.

[PRIVATE SESSION]



2.   ADJOURNMENT
The meeting was adjourned at 12.16 p.m. until Tuesday, 9th March 2010.




________________
Mr. John Perry, T.D.
Chairman
23 March 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                         MINUTES OF MEETING OF 9 MARCH 2010
1.   OPENING OF MEETING
The Joint Committee met at 11.36 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Sean Connick, Joe Costello, Lucinda Creighton, Timmy Dooley, Michael Kitt, Michael
Mulcahy Aengus Ó Snodaigh and John Perry in the chair.

Senators: Paddy Burke, Terry Leyden and Kieran Phelan.

Apologies: Senator Alex White.

The Committee agreed to start the meeting in private session.

[PRIVATE SESSION]

[PUBLIC SESSION]

2. SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 6 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.


3. ADJOURNMENT
The meeting was adjourned at 12.46 p.m. until Tuesday, 23rd March 2010.




________________
Mr. John Perry, T.D.
Chairman
23 March 2010
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                        Meeting of 9 March 2010

                                              Decision List

Proposals in this decision list are placed in the following Categories:

      1.      For no further scrutiny
      2.      For no further scrutiny – sent to sectoral committee for information
      3.      Justice and Home Affairs

1.         For no further scrutiny
1.1        COM(2009)658
Proposal for a Council Decision supplementing the Schengen Borders Code as regards the
surveillance of the sea external borders in the context of the operational cooperation coordinated by
the European Agency for the Management of Operational Cooperation at the External Borders.

Lead department          Department of Justice, Equality and Law Reform
Based on the information provided it was agreed that this proposal does not warrant further
scrutiny.
1.2        COM(2010)5
Proposal for a Council Regulation (EU) No …/2010 amending Regulation (EC) No 1210/2003
concerning certain specific restrictions on economic and financial relations with Iraq.
Lead department          Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Finance
Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.


2.         For no further scrutiny - send to sectoral Committee for information
2.1        COM(2008)861
Proposal for a Council Decision concluding the interim agreement establishing a framework for an
Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and
the European Community and its Member States on the other part.
Lead department          Department of Foreign Affairs
Other department(s) Department of Agriculture, Fisheries and Food, Department of Defence,
                    Department of Enterprise, Trade and Employment, Department of Finance,
                    Department of Justice, Equality and Law Reform, Office of the Revenue
                    Commissioners
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                                AND
2.2    COM(2008)863
Proposal for a Council Decision on the signature and provisional application of the interim
agreement establishing a framework for an Economic Partnership Agreement between Eastern and
Southern Africa States, on the one part, and the European Community and its Member States, on the
other part.
Lead department       Department of Foreign Affairs
Other department(s) Department of Agriculture, Fisheries and Food, Department of Defence,
                    Department of Enterprise, Trade and Employment, Department of Finance,
                    Department of Justice, Equality and Law Reform, Office of the Revenue
                    Commissioners
Based on the available information, it was agreed that these proposals do not warrant further
scrutiny. It was further agreed that these proposals will be sent for information to the Joint
Committee on Foreign Affairs in advance of any motion coming before Dáil Éireann to
approve the terms of the Agreement.
2.3    COM(2009)611
Proposal for a Regulation of the European Parliament and of the Council on investigation and
prevention of accidents and incidents in civil aviation (Text with EEA relevance).
Lead department       Department of Transport
Based on the information available, it was agreed that the measure does not warrant further
scrutiny by this Committee. It was agreed however to send the measure to the Joint Committee
on Transport for its information.


3.     Justice and Home Affairs Measures
3.1    COM(2009)154
Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable
law, recognition and enforcement of decisions and authentic instruments in matters of succession
and the creation of a European Certificate of Succession.

Lead department       Department of Justice, Equality and Law Reform
Other department(s) Attorney General's Office
Based on the information available, and the fact that Ireland has chosen not to opt in to the
measure at this stage, it was agreed that the measure does not warrant further scrutiny by this
Committee. It was agreed however to send the measure to the Joint Committee on Justice,
Equality, Defence and Womens' Rights for its information.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                         MINUTES OF MEETING OF 23 MARCH 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.45 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Joe Costello, Damien English, Michael Kitt, Michael Mulcahy, and John Perry in the
chair.

Senators: Paddy Burke, Terry Leyden and Alex White.

Apologies: Senator Kieran Phelan.

The Committee agreed to start the meeting in private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 31 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 12.02 p.m. until Tuesday, 13 April 2010.

________________
Mr. John Perry, T.D.
Chairman
20 April 2010
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                          Joint Committee on European Scrutiny

                                    Meeting of 23 March 2010

                                           Decision List

Proposals in this decision list are placed in the following Categories:

1.     Adopted Measures

1.1    COM(2009)582
Proposal for a Council Decision authorising the Republic of Latvia to extend the application of a
measure derogating from Article 193 of Directive 2006/112/EC on the common system of value
added tax.

Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

It was agreed to note this adopted measure.

1.2    COM(2009)583
Proposal for a Council Decision authorising the Republic of Austria to continue to apply a measure
derogating from Article 168 of Directive 2006/112/EC on the common system of value added tax.

Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

It was agreed to note this adopted measure.

1.3    COM(2009)608
Proposal for a Council Decision authorising the Republic of Estonia and the Republic of Slovenia to
apply a measure derogating from Article 167 of Council Directive 2006/112/EC on the common
system of value added tax.

Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

It was agreed to note this adopted measure.

1.4    COM(2009)641
Proposal for a Council Decision authorising the Portuguese Republic to apply a measure derogating
from Articles 168, 193 and 250 of Council Directive 2006/112/EC on the common system of value
added tax.

Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

It was agreed to note this adopted measure.
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




1.5    COM(2009)668
Proposal for a Council Decision authorising the Republic of Lithuania to extend the application of a
measure derogating from Article 193 of Council Directive 2006/112/EC on the common system of
value added tax (Only the Lithuanian version is authentic).

Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

It was agreed to note this adopted measure.

1.6     COM(2010)48 - FON
Proposal for a Council Regulation amending Council Implementing Regulation (EU) No 1202/2009
of 7 December 2009 imposing a definitive anti-dumping duty on imports of furfuryl alcohol
originating in the People‘s Republic of China following a 'new exporter' review pursuant to Article
11(4) of Regulation (EC) No 1225/2009.

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

In light of the information given it was agreed that the Committee note this adopted measure.

1.7    COM(2010)50
Proposal for a Council Decision Amending Decision 2009/459/EC of 6 May 2009 providing
Community medium-term financial assistance for Romania.

Lead department     Department of Finance
Other department(s) None

In light of the information given it was agreed that the Committee note this adopted measure.

1.8    COM(2009)629
Amended proposal for a Council (EC, EURATOM) Regulation adjusting with effect from 1 July
2009 the remuneration and pensions of officials and other servants of the European Communities
and the correction coefficients applied thereto.

Lead department     Department of Finance
Other department(s) Department of Foreign Affairs

Based on the available information, it was agreed to note this adopted proposal.


2.     For no further scrutiny

2.1    COM(2010)20
Proposal for a Council Decision on the signature of an Agreement between the Republic of Croatia
and the European Union on the participation of the Republic of Croatia in the work of the European
Monitoring Centre for Drugs and Drug Addiction.

Lead department       Department of Health and Children
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Other department(s) None

                                               AND
2.2    COM(2010)21
Proposal for a Council Decision on the conclusion of an Agreement between the Republic of Croatia
and the European Union on the participation of the Republic of Croatia in the work of the European
Monitoring Centre for Drugs and Drug Addiction.

Lead department       Department of Health and Children

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

2.3     COM(2010)54
Proposal for a Regulation of the European Parliament and of the Council on amending Council
Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories
participating in or linked to the European Union's Stabilisation and Association process.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food
                    Department of Foreign Affairs

In light of the information provided by the Department, it was agreed that the measure does
not require further scrutiny by this Committee.

2.4    COM(2010)12
Proposal for a Regulation of the European Parliament and of the Council concerning European
Union financial contributions to the International Fund for Ireland (2007-2010).

Lead department     Department of Foreign Affairs
Other department(s) Department of Finance

Based on the available information, it was agreed that this proposal does not warrant further
scrutiny.

2.5    COM(2010)49
Proposal for a Regulation of the European Parliament and of the Council implementing the bilateral
safeguard clause of the EU-Korea Free Trade Agreement.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Agriculture, Fisheries and Food
                    Department of Foreign Affairs

Based on the available information, it was agreed that this proposal do not warrant further
scrutiny.
3.     For no further scrutiny - send to sectoral Committee for information

3.1     COM(2009)672
Proposal for a Council Regulation laying down implementing measures for Directive 2006/112/EC
on the common system of value added tax (Recast).
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

Based on the information available, it was agreed that this proposal does not warrant further
detailed scrutiny. However, it was also agreed that the Committee write to the Department of
Finance to seek clarification on the amendments it is currently seeking to the draft Regulation.
It was also agreed to forward this proposal to the Joint Committee on Finance and the Public
Service for information.

3.2    COM(2010)26
Proposal for a Council Decision making public the Recommendation with a view to ending the
inconsistency with the broad guidelines of the economic policies in Greece and removing the risk of
jeopardising the proper functioning of economic and monetary union.

Lead department       Department of Finance

It was agreed to note this adopted measure. However, it was also agreed to forward the
Council Recommendation made public by the adoption of this Decision, together with the
related Council Decision and Opinion, to the Joint Committee on European Affairs and the
Joint Committee on Finance and the Public Service for information.

3.3     COM(2009)701
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and Australia on the processing and transfer of EU-sourced passenger name record (PNR) data by air
carriers to the Australian Customs Service.

Lead department     Department of Transport
Other department(s) Department of Justice, Equality and Law Reform

Based on the available information, it was agreed that this proposal does not warrant further
scrutiny. It was further agreed that this proposal will be sent for information to the Joint
Committees on Transport and Justice, Equality, Defence and Women's Rights.

3.4    COM(2009)702
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the United States of America on the processing and transfer of Passenger Name Record (PNR)
data by air carriers to the United States Department of Homeland Security (DHS) (2007 PNR
agreement).

Lead department     Department of Transport
Other department(s) Department of Justice, Equality and Law Reform

Based on the available information, it was agreed that this proposal does not warrant further
scrutiny. It was further agreed that this proposal will be sent for information to the Joint
Committees on Transport and Justice, Equality, Defence and Women's Rights.

3.5    COM(2010)7
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Finance

                                               AND
3.6    COM(2010)8
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Finance

                                               AND
3.7    COM(2010)9
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Finance

                                               AND
3.8    COM(2010)56
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund for EGF/2009/018 LT/Manufacture of wearing apparel
submitted by Lithuania.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Finance

                                               AND
3.9    COM(2010)58
Proposal for a Decision of the European Parliament and of the Council on the mobilisation of the
European Globalisation Adjustment Fund for EGF/2009/016 LT/Manufacture of furniture submitted
by Lithuania.

Lead department     Department of Enterprise, Trade and Employment
Other department(s) Department of Finance

Based on the available information, it was agreed that these proposals do not warrant further
scrutiny. It was further agreed that these proposals will be sent for information to the Joint
Committee on Enterprise, Trade and Employment.

4.     CFSP Measures

4.1   CFSP(2010)106
Council Decision 2010/106/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the crisis in Georgia.

Lead department       Department of Foreign Affairs
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.2   CFSP(2010)107
Council Decision 2010/107/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the Middle East peace process.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.3   CFSP(2010)108
Council Decision 2010/108/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative in the Republic of Moldova.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.4   CFSP(2010)109
Council Decision 2010/109/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the South Caucasus.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.5   CFSP(2010)110
Council Decision 2010/110/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for Sudan.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.




4.6   CFSP(2010)111
Council Decision 2010/111/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative in Bosnia and Herzegovina.

Lead department     Department of Foreign Affairs
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.7   CFSP(2010)112
Council Decision 2010/112/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for Central Asia.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.8   CFSP(2010)113
Council Decision 2010/113/CFSP of 22 February 2010 extending the mandate of the European
Union Special Representative for the African Great Lakes Region.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.9   CFSP(2010)118
Council Decision 2010/118/CFSP of 25 February 2010 extending the mandate of the European
Union Special Representative in Kosovo.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.10 CFSP(2010)119
Council Decision 2010/119/CFSP of 25 February 2010 extending and amending the mandate of the
European Union Special Representative to the African Union.

Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.

4.11 CFSP(2010)120
Council Decision 2010/120/CFSP of 25 February 2010 extending and amending the mandate of the
European Union Special Representative for Afghanistan and Pakistan.


Lead department     Department of Foreign Affairs

Given the information provided by the Department it was agreed to note this adopted CFSP
measure.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




4.12 CFSP(2010)121
Council Decision 2010/121/CFSP of 25 February 2010 amending the Annex to Common Position
2004/161/CFSP renewing restrictive measures against Zimbabwe.

Lead department     Department of Foreign Affairs
Other department(s) Department of Finance, Department of Justice, Equality and Law Reform

Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.

4.13 CFSP(2010)92
Council Decision 2010/92/CFSP of 15 February 2010 extending restrictive measures against
Zimbabwe.

Lead department     Department of Foreign Affairs
Other department(s) Department of Finance, Department of Justice, Equality and Law Reform

Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.


5.     Refer to sectoral committee for detailed scrutiny

5.1    COM(2010)23
Proposal for a Council Regulation amending Regulation (EU) No 23/2010 as regards the fishing
opportunities for certain fish stocks and following the conclusion of the bilateral fisheries
arrangements for 2010 with Norway and the Faroe Islands.

Lead department      Department of Agriculture, Fisheries and Food

Given the importance of this proposed Regulation, which sets the Total Allowable Catches
(TACs) and national fishing quotas for 2010, for the Irish fishing industry and the fact that the
agreement with Norway allows for the setting of quotas for mackerel catches, Ireland's most
important stock from an economic perspective, it was agreed that this proposal warrants
further scrutiny. To this end, it was agreed that the proposal is referred to the Joint
Committee on Agriculture, Fisheries and Food for detailed scrutiny.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                          MINUTES OF MEETING OF 20 APRIL 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.37 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Joe Costello, Lucinda Creighton, Michael Kitt, Michael Mulcahy, Aengus O‘Snodaigh
and John Perry in the chair.

Senators: Terry Leyden and Kieran Phelan.

Apologies: Senator Alex White.

The Committee agreed to start the meeting in private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 12 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.      DISCUSSION WITH THE SECRETARY GENERAL OF THE DEPARTMENT OF JUSTICE,
EQUALITY AND LAW REFORM
The Committee took oral evidence from Mr. Seán Aylward, Secretary General of the Department of
Justice, Equality and Law Reform on his Department‘s Six-Monthly Report on new EU Legislation
from July to December 2009. The Secretary General was accompanied by Ms. Joyce Duffy and Ms.
Rachel Woods from his Department. Debate ensued and concluded.

4.    ADJOURNMENT
The meeting was adjourned at 13.01 p.m. until Tuesday, 11 May 2010.




________________
Mr. John Perry, T.D.
Chairman
11 May 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                          Joint Committee on European Scrutiny

                                     Meeting of 20 April 2010

                                           Decision List

Proposals in this decision list are placed in the following Categories:

1.     For no further scrutiny
2.     For no further scrutiny - send to sectoral Committee for information
3.     CFSP Measures

1.     For no further scrutiny

1.1   COM(2009)581
Proposal for a Council Regulation on Community financial assistance with respect to the
decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant in Bulgaria ―Kozloduy
Programme‖.

Lead department       Department of Environment, Heritage and Local Government

Based on the information available, it was agreed that this proposal does not warrant further
scrutiny.

1.2     COM(2009)707
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA
on the stepping up of cross-border cooperation, particularly in combatting terrorism and cross-border
crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the
stepping up of cross-border cooperation, particularly in combatting terrorism and cross-border crime,
and the Annex thereto.

Lead department       Department of Justice, Equality and Law Reform

Based on the information available, and that the Committee scrutinised and produced a report
on a related decision, and that the Dáil and Seanad Éireann have already agreed motions
approving the exercise by the State of the option to opt-in to the adoption of this measure, it
was agreed that this proposal does not warrant further scrutiny.



2.     For no further scrutiny - send to sectoral Committee for information

2.1    COM(2007)856
Proposal for a Regulation of the European Parliament and of the Council setting emission
performance standards for new passenger cars as part of the Community's integrated approach to
reduce CO2 emissions from light-duty vehicles.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department     Department of Environment, Heritage and Local Government
Other department(s) Department of Transport, Office of the Revenue Commissioners

It was agreed to note this adopted measure and to forward it to the Joint Committee on
Climate Change and Energy Security and the Joint Committee on Transport for information.

2.2    COM(2009)427
Proposal for a Council Regulation on administrative cooperation and combating fraud in the field of
value added tax (Recast).

Lead department     Department of Finance
Other department(s) Office of the Revenue Commissioners

Based on the information available, it was agreed that the Committee would write to the
Minister for Finance with respect to this proposal, indicating that the Committee is aware that
the Department has concerns with respect to the issues highlighted above and that the
Committee would share its concerns The letter would also indicate that it is aware that the
Department is working, in co-operation with other Member States to deal with these concerns.
Finally, was agreed that the Department would be asked to update the Committee as
appropriate with regard to substantial amendments to the proposal.

It was agreed that this proposal does not warrant further scrutiny by this Committee and that
it would be sent to the Joint Committee on Finance and the Public Service for information.

2.3    COM(2009)593
Proposal for a Regulation of the European Parliament and of the Council setting emission
performance standards for new light commercial vehicles as part of the Community's integrated
approach to reduce CO2 emissions from light-duty vehicles.

Lead department     Department of Environment, Heritage and Local Government
Other department(s) Department of Transport, Office of the Revenue Commissioners

Given that this proposal relating to vans is similar in form and intention to the recently
adopted measure applying to cars (Regulation (EC) No 443/2009), it was agreed that this
proposal does not warrant further scrutiny by this Committee. However given that it
represents a further stage in the EU’s attempts to limit carbon dioxide emissions from light
duty vehicles, it was agreed that the proposal be sent for information to the Joint Committee
on the Environment, Heritage and Local Government.

2.4    COM(2009)703
Proposal for a Council Decision on the conclusion of the Agreement between the European Union
and the United States of America on the processing and transfer of Financial Messaging Data from
the European Union to the United States for purposes of the Terrorist Finance Tracking Program.

Lead department       Department of Justice, Equality and Law Reform

Based on the information available and given that the European Parliament has withheld
consent for the conclusion of this Agreement, it was agreed that this proposal does not warrant
further scrutiny at this time. It was also agreed that it would be sent to the Joint Committee
for Justice, Equality, Defence and Women’s Rights, for information, as that Committee had
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




discussed the earlier related proposal and in anticipation of the likely development by the
Commission of a new proposal in this area.



3.     CFSP Measures

3.1    CFSP 6976/10
Council Decision on the signing and conclusion of the Agreement betweenthe European Union and
Montenegro on the participation of Montenegro inthe European Union military operation to
contribute to the deterrence, preventionand repression of acts of piracy and armed robbery off the
Somali coast(Operation Atalanta).

Lead department       Department of Foreign Affairs

It was agreed to note this CFSP measure.

3.2    CFSP 7478/10
Negotiation of a security of information Agreement with the Republic of Serbia.

Lead department       Department of Foreign Affairs

It was agreed to note this CFSP measure.

3.3    CFSP(2010)126
Council Decision 2010/126/CFSP of 1 March 2010 amending Common Position 2009/138/CFSP
concerning restrictive measures against Somalia.

Lead department     Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Finance,
                    Department of Justice, Equality and Law Reform

Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.

3.4   CFSP(2010)127
Council Decision 2010/127/CFSP of 1 March 2010 concerning restrictive measures against Eritrea.

Lead department     Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Finance,
                    Department of Justice, Equality and Law Reform


Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.

3.5    CFSP(2010)129
Council Decision 2010/129/CFSP of 1 March 2010 amending Common Position 2008/109/CFSP
concerning restrictive measures imposed against Liberia.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department     Department of Foreign Affairs
Other department(s) Department of Enterprise, Trade and Employment, Department of Justice,
                    Equality and Law Reform

Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.

3.6   CFSP(2010)145
Council Decision 2010/145/CFSP of 8 March 2010 renewing measures in support of the effective
implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia
(ICTY).

Lead department      Department of Foreign Affairs

Given the information provided by the Department, it was agreed that the Committee note this
adopted CFSP measure.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                          MINUTES OF MEETING OF 11 MAY 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.38 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Joe Costello, Lucinda Creighton, Timmy Dooley, Michael Kitt, Noel O‘Flynn, Aengus
O‘Snodaigh and John Perry in the chair.

Senators: Terry Leyden, Kieran Phelan, Eugene Regan.

Apologies: Senator Alex White.

The Committee agreed to start the meeting in private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 11 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.     DISCUSSION WITH MR. MARTIN TERRITT, DIRECTOR, EUROPEAN COMMISSION
REPRESENTATION IN IRELAND
The Committee took oral evidence from Mr. Martin Territt, Director of the European Commission
Representation in Ireland regarding the group visits service for primary and post primary schools.
The Committee agreed to work closely with the Commission Representation on ways of making
information about the Representation Office available to visitors to Leinster House. Debate ensued
and concluded.

4.    ADJOURNMENT
The meeting was adjourned at 12.50 p.m. until Tuesday, 25 May 2010.




________________
Mr. John Perry, T.D.
Chairman
25 May 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                         Joint Committee on European Scrutiny

                                     Meeting of 11 May 2010

                                           Decision List

Proposals in this decision list are placed in the following Categories:

1.     For no further scrutiny
2.     For no further scrutiny - send to sectoral Committee for information


1.     For no further scrutiny

1.1    COM(2010)111
Proposal for a Council Implementing Decision authorising the Federal Republic of Germany and the
Grand Duchy of Luxembourg to apply a measure derogating from Article 5 of Directive
2006/112/EC on the common system of value added tax.

Lead department       Department of Finance

Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.

1.2    COM(2010)118
Proposal for a Council Decision on the conclusion of a voluntary partnership agreement between the
European Union and the Republic of the Congo on forest law enforcement, governance and trade in
timber and derived products to the European Union (FLEGT).


Lead department       Department of Agriculture, Fisheries and Food

Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.

1.3     COM(2010)57
Proposal for a Council Decision on a EU position within the EC-South Africa Cooperation Council
on the amendment of the relevant provisions and Annexes to the Trade, Development and
Cooperation Agreement (TDCA) between the European Community and its Member States, on the
one part, and the Republic of South Africa, on the other part, to align certain tariffs with those
applied to the EU products by Botswana, Lesotho and Swaziland in the Annex 3 of the EU-SADC
interim Economic Partnership Agreement.

Lead department       Department of Foreign Affairs

It was agreed that this proposal does not warrant further scrutiny.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




1.4    COM(2010)71
Proposal for a Regulation of the European Parliament and of the Council amending Council
Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general
budget of the European Communities.

Lead department      Department of Finance
                                              AND
1.5    COM(2010)72
Proposal for a Council Regulation laying down the multiannual financial framework for the years
2007-2013.

Lead department      Department of Finance

It was agreed that these proposals do not warrant further scrutiny.

1.6    COM(2010)96
Proposal for a Regulation of the European Parliament and of the Council repealing Council
Regulation (EC) No 1964/2005 on the tariff rates for bananas.

Lead department      Department of Agriculture, Fisheries and Food

Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.


1.7    COM(2010)97
Proposal for a Council Decision on the signature and provisional application of a "General
Agreement on Trade in Bananas" between the European Union and Brazil, Colombia, Costa Rica,
Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an
"Agreement on Trade in Bananas" between the European Union and the United States.

Lead department      Department of Agriculture, Fisheries and Food

Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.

1.8    COM(2010)98
Proposal for a Council Decision on the conclusion of a Geneva Agreement on Trade in Bananas
between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras,
Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas
between the European Union and the United States.

Lead department      Department of Agriculture, Fisheries and Food

Based on the information provided by the Department, it was agreed that this proposal does
not warrant further scrutiny by this Committee.
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.     For no further scrutiny - send to sectoral Committee for information

2.1  COM(2010)107
DRAFT AMENDING BUDGET N° 1 TO THE GENERAL BUDGET 2010 STATEMENT OF
REVENUE AND EXPENDITURE BY SECTION Section I - Parliament (presented by the
Commission).

Lead department      Department of Finance

It was agreed that this proposal does not warrant further scrutiny by this Committee.
However, given the minimal implications for Ireland’s financial contribution to the EU budget
in 2010 if this proposal is approved, it was also agreed that the proposal will be forwarded to
the Joint Committee on Finance and the Public Service for information.


2.2   COM(2010)108
DRAFT AMENDING BUDGET N° 2 TO THE GENERAL BUDGET 2010 STATEMENT OF
REVENUE AND EXPENDITURE BY SECTION Section III - Commission Section VI – European
Economic and Social Committee Section VII - Committee of the Regions (presented by the
Commission).

Lead department      Department of Finance

It was agreed that this proposal does not warrant further scrutiny by this Committee.
However, given the minimal implications for Ireland’s financial contribution to the EU budget
in 2010 if this proposal is approved, it was also agreed that the proposal will be forwarded to
the Joint Committee on Finance and the Public Service for information.


2.3    COM(2010)117
Proposal for a Regulation (EU) No …/…. of the European Parliament and of the Council concerning
European statistics on tourism (Text with EEA relevance).

Lead department      Central Statistics Office

It was agreed that this proposal does not warrant further scrutiny by this Committee.
However, it was also agreed to forward this proposal to the Joint Committee on Arts, Sport,
Tourism, Community, Rural and Gaeltacht Affairs for information.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                          MINUTES OF MEETING OF 25 MAY 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.36 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Joe Costello, Lucinda Creighton, Timmy Dooley, Michael Mulcahy, Noel O‘Flynn, John
Perry in the chair.

Senators: Paddy Burke, Terry Leyden, Alex White.

Substitutes: Deputy Phil Hogan in substitution for Deputy Damien English, Deputy Eamon
Scanlon in substitution for Deputy Michael Kitt. Senator Paschal Mooney in substitution for Senator
Kieran Phelan.

MEP: Ms Marian Harkin.

The Committee agreed to start the meeting in private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 20 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.   DISCUSSION REGARDING THE IMPLEMENTATION OF THE NEW EPA CODE OF PRACTICE ON
WASTEWATER TREATMENT AND DISPOSAL SYSTEMS SERVING SINGLE HOUSES.

The Committee took oral evidence from the Department of the Environment, Heritage and Local
Government, the Environmental Protection Agency, Leitrim County Council and Bio Tech regarding
the implementation of the new EPA Code of Practice on Wastewater Treatment and Disposal
Systems serving Single Houses. It was agreed that the witnesses would forward to the Committee
written responses in relation to any issues raised during the discussion which required further
clarification. Debate ensued and concluded.

4.    ADJOURNMENT
The meeting was adjourned at 13.56 p.m. until Tuesday, 15 June 2010.




________________
Mr. John Perry, T.D.
Chairman
15 June 2010
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                        Meeting of 25 May 2010

                                              Decision List

Proposals in this decision list are placed in the following Categories:

     1. Adopted Measures
     2. For no further scrutiny
     3. For no further scrutiny – send to sectoral Committee for information

1.     Adopted Measures

     1.1   COM(2009)480
           Proposal for a Council Decision on the conclusion, by the Commission, of the
           Agreement for co-operation between the European Atomic Energy
           Community and the Government of the Federative Republic of Brazil in the
           field of fusion energy research.
                                      Department of Environment, Heritage and Local
           Lead department            Government

           Based on the information available, it was agreed that this proposal would
           be noted.



     1.2   COM(2009)575
           Proposal for a Council decision on the financial contributions to be paid by
           the Member States to finance the European Development Fund (3rd
           instalment 2009).
                                     Department of Foreign Affairs
           Lead department

           It was agreed to note this adopted measure.


     1.3   COM(2010)80
           Proposal for a Council Regulation amending Regulation (EC) No 452/2007
           imposing a definitive anti-dumping duty on imports of ironing boards
           originating, inter alia, in the People‘s Republic of China
                                         Department of Enterprise, Trade and Employment
           Lead department

           Given that there are no reported difficulties for Ireland, it was agreed
           that this adopted measure does not warrant further scrutiny.
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     1.4   COM(2010)123
           Proposal for a Council Regulation amending Regulation (EC) No 1487/2005
           imposing a definitive anti-dumping duty and definitively collecting the
           provisional duty imposed on imports of certain finished polyester filament
           fabrics originating in the People‘s Republic of China.
                                       Department of Enterprise, Trade and Employment
           Lead department

           Based on the information available, it was agreed that this adopted
           proposal be noted.



     1.5   COM(2010)140
           Proposal for a Council Regulation extending the definitive anti-dumping duty
           imposed by Council Regulation (EC) No 1858/2005 on imports of steel ropes
           and cables originating, inter alia, in the People‘s Republic of China to imports
           of steel ropes and cables consigned from the Republic of Korea, whether
           declared as originating in the Republic of Korea or not, and terminating the
           investigation in respect of imports consigned from Malaysia.
                                       Department of Enterprise, Trade and Employment
           Lead department

           It was agreed to note this adopted measure.


2.     For no further scrutiny

     2.1   COM(2009)585
           Proposal for a Council Decision establishing the position to be adopted on
           behalf of the European Community with regard to proposals for amending
           Annexes II and III to the Protocol concerning Specially Protected Areas and
           Biological Diversity in the Mediterranean (SPA/BD Protocol) of the
           Convention for the Protection of the Marine Environment and the Coastal
           Region of the Mediterranean (Barcelona Convention) at the sixteenth meeting
           of the Contracting Parties.
                                       Department of Environment, Heritage and Local
           Lead department             Government

           Given that this is a technical measure with no particular implications for
           Ireland, it was agreed that it does not require further scrutiny by this
           Committee.


     2.2   COM(2010)18
           Proposal for a Council Decision authorising Member States to accede to the
           Convention relating to international exhibitions signed at Paris on 22
           November 1928 and supplemented by the Protocols of 10 May 1948, 16
           November 1966, 30 November 1972 and the Amendment of 24 June 1982 and
                                          Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      the Amendment of 31 May 1988.
                             Office of the Revenue Commissioners
      Lead department

      It was agreed that this proposal does not warrant further scrutiny.


2.3   COM(2010)129
      Proposal for a Council Implementing Decision authorising the Kingdom of the
      Netherlands to apply a measure derogating from Article 193 of Directive
      2006/112/EC on the common system of value added tax.
                               Department of Finance
      Lead department

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.



2.4   COM(2010)136
      Proposal for a Council Decision authorising the signature and provisional
      application of the Free Trade Agreement between the European Union and its
      Member States and the Republic of Korea.
                                 Department of Enterprise, Trade and Employment
      Lead department

      Based on the information provided by the Department, it was agreed that
      this trade proposal does not warrant further scrutiny by this Committee.


2.5   COM(2010)139
      Proposal for a Council Decision establishing the position to be adopted on
      behalf of the European Union within the Food Aid Committee as regards the
      extension of the Food Aid Convention, 1999.
                                Department of Agriculture, Fisheries and Food
      Lead department

      Based on the information provided by the Department, it was agreed that
      this technical proposal does not warrant further scrutiny by this
      Committee.


2.6   COM(2010)144
      Proposal for a Council Decision on the provisional application of the
      Fisheries Partnership Agreement between the European Union and Solomon
      Islands.
                                Department of Agriculture, Fisheries and Food
      Lead department

      Based on the information provided by the Department, it was agreed that
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      this technical proposal does not warrant further scrutiny by this
      Committee.


2.7   COM(2010)149
      Draft Amending Budget N° 3 to the General Budget 2010. Statement of
      Expenditure by Section. Section III - Commission.
                               Department of Finance
      Lead department

      Based on the information provided by the Department, it was agreed that
      this budgetary proposal does not warrant further scrutiny by this
      Committee.


2.8   COM(2010)150
      Proposal for a Decision of the European Parliament and of the Council on the
      Mobilisation of the Flexibility Instrument.
                                 Department of Finance
      Lead department

      Based on the information provided by the Department, it was agreed that
      this proposal does not warrant further scrutiny by this Committee.


2.9   COM(2010)152
      Proposal for a Council Decision on the signature, on behalf of the European
      Union, of the Convention on the Conservation and Management of High Seas
      Fishery Resources in the South Pacific Ocean.
                                Department of Agriculture, Fisheries and Food
      Lead department

      It was agreed that this proposal does not warrant further scrutiny.


2.10 COM(2010)195
     Proposal for a Council Decision of […] concerning the allocation of the funds
     decommitted from projects under the 9th and previous European Development
     Funds (EDF) for the purpose of addressing the needs of the most vulnerable
     population in Sudan.
                              Department of Foreign Affairs
     Lead department

      Based on the information provided by the Department, it was agreed that
      this humanitarian proposal does not warrant further scrutiny by this
      Committee.

2.11 EWN: 2010/C 123/11
     Notice of initiation of an expiry review of the countervailing measures
     applicable to imports of certain broad-spectrum antibiotics originating in India
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                     Department of Enterprise, Trade and Employment
           Lead department
           It was agreed that this measure does not require further scrutiny at this
           stage.

     2.12 EWN: L 2/5
          Commission Regulation (EU) No 6/2010 of 5 January 2010 initiating a review
          of Council Regulations (EC) No 1292/2007 and (EC) No 367/2006 (imposing
          definitive anti-dumping measures and countervailing duties on imports of
          polyethylene terephthalate (PET) film originating in India, and extending
          those duties to imports of that product consigned from, inter alia, Israel) for
          the purposes of determining the possibility of granting an exemption from
          those measures to one Israeli exporter, repealing the anti-dumping duty with
          regard to imports from that exporter and making imports from that exporter
          subject to registration.
                                      Department of Enterprise, Trade and Employment
          Lead department

           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.


3.     For no further scrutiny - send to sectoral Committee for information

     3.1   COM(2010)19
           Proposal for a Council Decision on adapting and extending the period of
           application of the measures in Decision 2002/148/EC concluding consultations
           with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement.
                                     Department of Foreign Affairs
           Lead department

           It was agreed that this proposal does not warrant further scrutiny by this
           committee. It was also agreed that it be forwarded to the Joint Committee
           on Foreign Affairs for information.

     3.2   COM(2010)82
           Proposal for a Directive of the European Parliament and of the Council on the
           right to interpretation and translation in criminal proceedings.
                                       Department of Justice, Equality and Law Reform
           Lead department

           Given that
           (1)     the earlier proposal , which this proposal follows on from, was
           already scrutinised by this Committee last year, including at a meeting in
           public session with representatives from the Department of Justice
           (2)     that the Committee agreed not to scrutinised a parallel proposal
           16801/09, but did refer it to the Joint Committee on Justice, Equality and
           Law Reform for information, in anticipation of its referral to that
           Committee in advance of Dáil and Seanad opt-in motions,
           it was agreed that the proposal does not warrant further scrutiny by this
                                          Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Committee and will be forwarded to the Joint Committee on Justice,
      Equality, Defence and Women’s Rights for information.

3.3   COM(2010)181
      Proposal for a Council Decision concerning the conclusion of consultations
      with the Republic of Madagascar under Article 96 of the ACP-EC Partnership
      Agreement.
                               Department of Foreign Affairs
      Lead department

      It was agreed that this proposal does not warrant further scrutiny by this
      committee. It was also agreed that it be forwarded to the Joint Committee
      on Foreign Affairs for information.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                          MINUTES OF MEETING OF 15 JUNE 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.45 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Joe Costello, Timmy Dooley, Michael Kitt, Aengus Ó Snodaigh and John Perry in the
chair.

Senators: Terry Leyden and Eugene Regan.

Apologies were received from Senator Alex White.

2.     EXPRESSIONS OF SYMPATHY
Expressions of sympathy were held on the death of Senator Kieran Phelan.

The Committee agreed to go into private session.

[PUBLIC SESSION]

3.    SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee began consideration of 32 new EU legislative proposals.


The Joint Committee agreed to go into PRIVATE SESSION at 12.10 p.m.

The Joint Committee resumed in PUBLIC SESSION at 12.13 p.m.

4.    SCRUTINY OF EU LEGISLATIVE PROPOSALS CONTINUED
The Committee concluded consideration of 32 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix 1.

5.    ADJOURNMENT
The meeting was adjourned at 12.20 p.m. until Tuesday, 29 June 2010.



________________
Mr. John Perry, T.D.
Chairman
 June 2010
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                       Meeting of 15 June 2010

                                             Decision List

Proposals in this decision list are placed in the following Categories:

     4. Adopted Measures
     5. For no further scrutiny
     6. For no further scrutiny – send to sectoral Committee for information

1.     Adopted Measures

     1.1   COM(2008)778
           Proposal for a Directive of the European Parliament and of the Council on the
           indication by labelling and standard product information of the consumption
           of energy and other resources by energy-related products.

           Lead department           Department of Communications, Energy and
                                     Natural Resources

           Given that the proposal is in the course of adoption, it was agreed that it
           does not require further scrutiny by the Committee at this stage.

     1.2   COM(2010)115
           Proposal for a Council Regulation amending Regulation (EC)No 1001/2008
           imposing a definitive anti-dumping duty on imports of certain tube and pipe
           fittings, of iron or steel originating, inter alia, in Malaysia.

           Lead department           Department of Enterprise, Trade and Employment

           In light of the information given it was agreed that the Committee notes
           this adopted measure.

     1.3   COM(2010)122
           Proposal for a Council Decision on the position to be adopted in the EEA Joint
           Committee concerning an amendment of Protocol 31 to the EEA Agreement,
           on cooperation in specific fields outside the four freedoms (ISA).

           Lead department           Department of Finance

           It was agreed to note this adopted measure.
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.     For no further scrutiny

     2.1   COM(2009)546
           Proposal for a Directive of the European Parliament and of the Council
           relating to the radio interference (electromagnetic compatibility) of vehicles
           (Codified version).

           Lead department            Department of the Taoiseach

           Based on the information from the Department, it was agreed that this
           proposal does not warrant further scrutiny.

     2.2   COM(2010)30
           Proposal for a Council Decision concerning the conclusion, on behalf of the
           European Union, of the Protocol on Integrated Coastal Zone Management to
           the Convention for the Protection of the Marine Environment and the Coastal
           Region of the Mediterranean.

           Lead department            Department of Environment, Heritage and Local
                                      Government

           In light of the information provided by the Department for this technical
           measure, it was agreed that it does not require further scrutiny by this
           Committee.


     2.3   COM(2010)61
           Proposal for a Regulation of the European Parliament and the Council
           amending Council Regulation (EC) No 2007/2004 establishing a European
           Agency for the Management of Operational Cooperation at the External
           Borders of the Member States of the European Union (FRONTEX).

           Lead department            Department of Justice, Equality and Law Reform

           Given that Ireland will not be taking part in this Title V measure, it was
           agreed that the proposal does not warrant further scrutiny by this
           Committee.

     2.4   COM(2010)65
           Proposal for a Regulation of the European Parliament and of the Council
           amending Directive 2009/42/EC of the European Parliament and of the
           Council on statistical returns in respect of carriage of goods and passengers by
           sea.

           Lead department            Central Statistics Office

           Given that this is a technical proposal to update the law on maritime
           statistics, it was agreed that it does not require further scrutiny by this
           Committee.
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.5   COM(2010)75
      Proposal for a Council Decision concerning the approval, on behalf of the
      European Union, of amendments to the Convention on Future Multilateral
      Cooperation in the Northwest Atlantic Fisheries.

      Lead department           Department of Agriculture, Fisheries and Food

      Based on the available information, it was agreed that this proposal does
      not warrant further scrutiny.

2.6   COM(2010)76
      Proposal for a Decision of the European Parliament and of the Council
      establishing a European Union action for the European Heritage Label.

      Lead department           Department of Environment, Heritage and Local
                                Government

      Based on the information provided it was agreed that this proposal does
      not warrant further scrutiny. It was agreed that the Committee would
      write to the Minister for the Environment, Heritage and Local
      Government indicating that the Committee welcomed this initiative as an
      opportunity to raise young people’s awareness of their common cultural
      heritage and its belief that participation in the scheme, especially in a
      transnational context, could highlight Ireland's historic ties over nearly
      two centuries with its fellow Member States.

2.7   COM(2010)132
      Proposal for a Regulation of the European Parliament and of the Council on
      European environmental economic accounts.

      Lead department           Central Statistics Office

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

2.8   COM(2010)137
      Proposal for a Council Decision concluding the Free Trade Agreement
      between the European Union and its Member States and the Republic of
      Korea.

      Lead department           Department of Enterprise, Trade and Employment

      In light of the information given it was agreed that the Committee notes
      this trade measure.


2.9   COM(2010)146
      Proposal for a Council Regulation concerning the allocation of the fishing
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     opportunities under the Fisheries Partnership Agreement between the
     European Union and Solomon Islands.

     Lead department           Department of Agriculture, Fisheries and Food

                                           AND
2.10 COM(2010)177
     Proposal for a Council Decision on the conclusion of a Fisheries Partnership
     Agreement between the European Union and Solomon Islands

     Lead department           Department of Agriculture, Fisheries and Food

     Given the information provided by the Department, it was agreed that
     these proposals do not warrant further scrutiny.

2.11 COM(2010)153
     Proposal for a Council Decision on the Agreement in the form of an Exchange
     of Letters between the European Union and the Republic of Chile on the
     provisional application of the Understanding concerning the conservation of
     swordfish stocks in the South-Eastern Pacific Ocean.

     Lead department           Department of Agriculture, Fisheries and Food

     It was agreed that this proposal does not warrant further scrutiny.


2.12 COM(2010)154
     Proposal for a Council Decision of […] on the conclusion of the Agreement in
     the form of an Exchange of Letters between the European Union and the
     Republic of Chile on the conclusion of the Understanding concerning the
     conservation of swordfish stocks in the South-Eastern Pacific Ocean.

     Lead department           Department of Agriculture, Fisheries and Food

     In light of the information given by the Department, it was agreed that
     this measure does not require further scrutiny by this Committee.

2.13 COM(2010)169
     Draft Amending Budget N° 4 to the General Budget 2010 Statement of
     Expenditure by Section

     Lead department           Department of Finance

     Based on the information provided by the Department, it was agreed that
     this budgetary proposal does not warrant further scrutiny by this
     Committee.

2.14 COM(2010)174
     Proposal for a Decision of the European Parliament and of the Council
     granting an EU guarantee to the European Investment Bank against losses
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     under loans and guarantees for projects outside the European Union.

     Lead department            Department of Finance



     In light of the information provided by the Department, it was agreed that
     the proposal does not require further scrutiny by this Committee.


2.15 COM(2010)179
     Proposal for a Directive of the European Parliament and of the Council laying
     down a procedure for the provision of information in the field of technical
     standards and regulations and of rules on Information Society services.

     Lead department            Department of Enterprise, Trade and Innovation

     Given that this is a technical proposal to codify existing law, it was agreed
     that it does not require further scrutiny by this Committee.

2.16 COM(2010)182
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (EGF/2010/000 TA 2010 -
     technical assistance at the initiative of the Commission).

     Lead department            Department of Enterprise, Trade and Employment

     Based on the available information, it was agreed that this proposal does
     not warrant further scrutiny.

2.17 COM(2010)215
     Proposal for a Council Regulation adjusting the correction coefficients
     applicable to the remuneration and pensions of officials and other servants of
     the European Union.

     Lead department            Department of Finance

     It was agreed that this proposal does not warrant further scrutiny.


2.18 COM(2010)222
     Proposal for a Council Regulation imposing a definitive anti-dumping duty on
     imports of sodium cyclamate originating in the People‘s Republic of China
     and Indonesia following an expiry review pursuant to Article 11(2) of
     Regulation (EC) No 1225/2009.

     Lead department            Department of Enterprise, Trade and Employment
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Based on the available information, it was agreed that this proposal does
      not warrant further scrutiny.

2.19 COM(2010)236
     Proposal for a Council Regulation imposing a definitive anti-dumping duty
     and collecting definitively the provisional duty imposed on imports of certain
     molybdenum originating in the People‘s Republic of China.

      Lead department            Department of Enterprise, Trade and Employment

      It was agreed that this proposal does not warrant further scrutiny.

2.20 COM(2010)237
     Proposal for a Council Regulation imposing a definitive anti-dumping duty
     and collecting definitively the provisional duty imposed on imports of certain
     cargo scanning systems originating in the People‘s Republic of China.

      Lead department            Department of Enterprise, Trade and Employment

      It was agreed that this proposal does not warrant further scrutiny.

2.21 COM(2010)239
     Proposal for a Council Decision on the adoption by Estonia of the euro on 1
     January 2011.

      Lead department            Department of Finance

      In view of the information provided by the Department it was agreed that
      the measure does not require further scrutiny by this Committee.

2.22 COM(2010)240
     Proposal for a Council Regulation amending Regulation (EC) No 974/98 as
     regards the introduction of the euro in Estonia.

      Lead department            Department of Finance

      In view of the information provided by the Department it was agreed that
      the measure does not require further scrutiny by this Committee.


2.23 EWN: 2010/C 64/07
     Notice of initiation of an expiry review of the anti-dumping measures
     applicable to imports polyester staple fibres originating in the People‘s
     Republic of China.

      Lead department            Department of Enterprise, Trade and Employment

      Given that there are no reported difficulties for Ireland, it was agreed
      that this trade matter does not warrant further scrutiny.
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     2.24 EWN: L 111 /5
          Commission Regulation (EU) No 377/2010 of 3 May 2010 imposing a
          provisional anti-dumping duty on imports of sodium gluconate originating in
          the People‘s Republic of China.

           Lead department            Department of Enterprise, Trade and Employment



           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.

     2.25 EWN: L 117/64
          Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a
          provisional anti-dumping duty on imports of certain aluminium wheels
          originating in the People‘s Republic of China

           Lead department            Department of Enterprise, Trade and Employment

           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.



3.     For no further scrutiny - send to sectoral Committee for information

     3.1   COM(2010)93
           Amended Proposal for a Regulation (EU) No …/… of the European
           Parliament and of the Council on establishing an Agency for the operational
           management of large-scale IT systems in the area of freedom, security and
           justice (presented by the Commission pursuant to Article 293(2) of the Treaty
           on the Functioning of the European Union).

           Lead department            Department of Justice, Equality and Law Reform

           It was agreed to note this proposal and forward it to the Joint Committee
           on Justice, Equality, Defence and Women’s Rights for information given
           the probability that it will be referred to that Committee by the
           Oireachtas in accordance with Article 29.4.7 of the Constitution if the
           Government decides to opt-in.


     3.2   COM(2010)104
           Proposal for a Council Decision No …/2010/EU authorising enhanced
           cooperation in the area of the law applicable to divorce and legal separation.

           Lead department            Department of Justice, Equality and Law Reform

                                                   AND
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.3   COM(2010)105
      Proposal for a Council Regulation (EU) implementing enhanced cooperation
      in the area of the law applicable to divorce and legal separation.

      Lead department          Department of Justice, Equality and Law Reform

      Given that Ireland did not opt into the original proposal in 2006 and has
      indicated that Ireland will not be participating in the proposed enhanced
      cooperation, it was agreed that these proposals do not warrant further
      scrutiny. However, given the significance of the fact that this is the first
      time that provisions of the Treaties on the establishment of enhanced
      cooperation are being invoked, it was agreed to forward these proposals
      to the Joint Committee on Justice, Equality, Defence and Women’s Rights
      and the Joint Committee on European Affairs for information.

3.4   COM(2010)196
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/012
      IE/Waterford Crystal, Ireland).

      Lead department          Department of Education and Skills

      Based on the available information, it was agreed that this proposal does
      not warrant further scrutiny by this Committee. It was agreed that this
      proposal will be sent for information to the Joint Committee on
      Enterprise, Trade and Employment.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                          MINUTES OF MEETING OF 29 JUNE 2010
1.   OPENING OF MEETING
The Joint Committee met at 11.38 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Lucinda Creighton, Timmy Dooley, Michael Kitt, Michael Mulcahy, Noel O‘Flynn,
Aengus Ó Snodaigh and John Perry in the chair.

Senators: Terry Leyden, Paschal Mooney and Alex White.

The Committee agreed to go into private session.


[PUBLIC SESSION]


2.   SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 23 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.


3.   ADJOURNMENT
The meeting was adjourned at 12.44 p.m. until Wednesday, 7 July 2010.




________________
Mr. John Perry, T.D.
Chairman
 July 2010
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1



                            Joint Committee on European Scrutiny

                                        Meeting of 29 June 2010

                                              Decision List

Proposals in this decision list are placed in the following Categories:

1.         For no further scrutiny
2.         For no further scrutiny - send to sectoral Committee for information
3.         CFSP Measures
4.         Early Warning Notes

1.     For no further scrutiny

     1.1    COM(2009)579
            Amended proposal for a Regulation of the European Parliament and of the
            Council laying down harmonisation conditions for the marketing on the
            construction products (Text with EEA relevance).

            Lead department           Department of Environment, Heritage and Local
                                      Government

            In light of the Committee's previous decision, and the fact that the
            proposal will now be moving to second reading, it was agreed that it does
            not require further scrutiny by this Committee.

     1.2    COM(2010)55
            Proposal for a COUNCIL DECISION on a Union position within the EU-
            Japan Joint Customs Cooperation Committee concerning the mutual
            recognition of Authorised Economic Operator programmes in the European
            Union and in Japan.

            Lead department           Office of the Revenue Commissioners

            Based on the available information, it was agreed that this measure does
            not warrant further scrutiny.

     1.3    COM(2010)94
            Proposal for a Directive of the European Parliament and of the Council on
            combating the sexual abuse, sexual exploitation of children and child
            pornography, repealing Framework Decision 2004/68/JHA.

            Lead department           Department of Justice, Equality and Law Reform

            Given that the proposal is being considered by the Justice Committee on
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      24th June in advance of approval motions being considered by the Houses
      on 29th June for Ireland to exercise its opt-in, it was agreed that the
      measure does not require further scrutiny by this Committee.

1.4   COM(2010)95
      Proposal for a Directive of the European Parliament and of the Council on
      preventing and combating trafficking in human beings, and protecting victims,
      repealing Framework Decision 2002/629/JHA.

      Lead department           Department of Justice, Equality and Law Reform

      As the proposal was considered in detail recently by the Justice
      Committee with the Minister, and the Houses have agreed the motions for
      Ireland to opt-in, it was agreed that the measure does not require further
      scrutiny by this Committee.

1.5   COM(2010)175
      Proposal for a Council Implementing Decision of [...] authorising Germany,
      Italy and Austria to introduce a special measure derogating from Article 193
      of Directive 2006/112/EC and amending Decision 2007/250/EC to extend the
      period of validity of the authorisation granted to the United Kingdom.

      Lead department           Department of Finance

      It was agreed that this proposal does not warrant further scrutiny.

1.6   COM(2010)197
      Proposal for a Council Decision concerning the signing of the Agreement
      between the European Union and Georgia on the facilitation of the issuance of
      visas.

      Lead department           Department of Justice, Equality and Law Reform

                                            AND
1.7   COM(2010)198
      Proposal for a Council Decision concerning the conclusion of the Agreement
      between the European Union and Georgia on the facilitation of the issuance of
      visas

      Lead department           Department of Justice, Equality and Law Reform

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

1.8   COM(2010)223
      Proposal for a Council Decision On the Union position regarding the
      amendment of the annexes of the Agreement between the European
      Community and the Swiss Confederation on certain aspects of government
      procurement.
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Lead department          Department of Finance

           Based on the available information, it was agreed that this proposal does
           not warrant further scrutiny.


     1.9   COM(2010)244
           Proposal for a Council Regulation imposing a definitive anti-dumping duty on
           imports of ammonium nitrate originating in Ukraine following an expiry
           review pursuant to Article 11(2) of Regulation (EC) No 1225/2009.

           Lead department          Department of Enterprise, Trade and Employment

           In light of the information given it was agreed that the Committee notes
           this adopted measure.

     1.10 COM(2010)249
          Proposal for a Regulation of the European Parliament and of the Council
          concerning European statistics on permanent crops.

           Lead department          Department of Agriculture, Fisheries and Food

           In light of the information provided by the Department, it was agreed that
           the measure does not require further scrutiny by this Committee.

     1.11 COM(2010)295
          Proposal for a Council Regulation amending Regulation (EC) No 367/2006
          imposing a definitive countervailing duty on imports of polyethylene (PET)
          film originating in India.

           Lead department                 Department of Enterprise, Trade and
                                    Innovation

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.



2.     For no further scrutiny - send to sectoral Committee for information

     2.1   COM(2010)53
           Proposal for a Council Regulation (EU) No …/…. amending Regulation (EC)
           No 479/2009 as regards the quality of statistical data in the context of the
           excessive deficit procedure.

           Lead department          Department of the Taoiseach

           Based on the available information, it was agreed that this measure does
           not warrant further scrutiny. It was further agreed that this measure will
           be sent for information to the Joint Committee on Finance and the Public
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Service.


2.2   COM(2010)199
      Proposal for a Council Decision concerning the signature of the Agreement
      between the European Union and Georgia on the readmission of persons
      residing without authorisation

      Lead department          Department of Justice, Equality and Law Reform

                                            AND
2.3   COM(2010)200
      Proposal for a Council Decision concerning the conclusion of the Agreement
      between the European Union and Georgia on the readmission of persons
      residing without authorisation

      Lead department          Department of Justice, Equality and Law Reform

      It was agreed that these proposals do not warrant scrutiny by this
      committee. However, given that the Government will have to decide
      whether to opt into these proposals and, if it so decides, that Oireachtas
      approval will be required in accordance with Article 29.4.7 of the
      Constitution, it was agreed to forward these proposals to the Joint
      Committee on Justice, Equality, Defence and Women’s Rights for
      consideration.

2.4   COM(2010)205
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/020
      ES/Castilla-La Mancha).

      Lead department          Department of Education and Skills

                                            AND
2.5   COM(2010)216
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/014
      ES/Comunidad Valenciana).

      Lead department          Department of Education and Skills

      Based on the available information, it was agreed that these proposals
      does not warrant further scrutiny. It was further agreed that these
      proposals will be sent for information to the Joint Committee on
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Enterprise, Trade and Employment.



     2.6   COM(2010)208
           Proposal for a Decision of the Council and the representatives of the
           Governments of the Member States of the European Union, meeting within the
           Council on the conclusion of the Protocol to Amend the Air Transport
           Agreement between the European Community and its Member States, of the
           one part, and the United States of America, of the other part.

           Lead department           Department of Transport

                                               AND
     2.7   COM(2010)209
           Proposal for a Decision of the Council and the representatives of the
           Governments of the Member States of the European Union, meeting within the
           Council On the signature and provisional application of the Protocol to Amend
           the Air Transport Agreement between the European Community and its
           Member States, of the one part, and the United States of America, of the other
           part.

           Lead department           Department of Transport

           It was agreed that these proposals do not require further scrutiny by this
           committee. However, given their moderate significance, it was also agreed
           to forward these proposals to the Joint Committee on Transport for
           information.

     2.8   COM(2010)320
           DRAFT AMENDING BUDGET N° 5 TO THE GENERAL BUDGET 2010
           GENERAL STATEMENT OF REVENUE

           Lead department           Department of Finance

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny. However, given the proposal potential effect
           on Ireland’s exchequer (a reduction of €110 million in Ireland’s
           contribution to the EU in 2010), it was also agreed to forward this
           proposal to the Joint Committee on Finance and the Public Service for
           information.


3.     CFSP Measures

     3.1   CFSP(2010)168
           COUNCIL DECISION 2010/168/CFSP of 22 March 2010 appointing the
           European Union Special Representative in Afghanistan.

           Lead department           Department of Foreign Affairs
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           It was agreed to note this CFSP measure.



     3.2   CFSP: 7478/10
           Negotiation of a security of information Agreement with the Republic of
           Serbia

           Lead department            Department of Foreign Affairs

           It was agreed to note this adopted CFSP measure.

4.     Early Warning Notes

     4.1   EWN: 2010/C 107/06
           Notice of initiation of an expiry review of the anti-dumping measures
           applicable to imports furfuraldehyde originating in the People‘s Republic of
           China

           Lead department            Department of Enterprise, Trade and Employment

           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.


     4.2   EWN: 2010/C 131/03
           Notice concerning anti-dumping measures on imports of polyethylene
           terephthalate film originating in India and a partial reopening of the anti-
           dumping interim review investigation concerning imports of polyethylene
           terephthalate film originating in India.

           Lead department            Department of Enterprise, Trade and Employment

           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                        JOINT COMMITTEE ON EUROPEAN AFFAIRS
                       JOINT COMMITTEE ON EUROPEAN SCRUTINY
                    MINUTES OF THE JOINT MEETING OF 7 JULY 2010


1. OPENING OF MEETING

The Joint Committees met in Private Session at 9.43 a.m. in Committee Room 1, LH 2000, a quorum
being present. The following members were present:—

Deputies: Lucinda Creighton, Joe Costello, Timmy Dooley, Bernard J Durkan (in the Chair),
Michael Kitt, Michael Mulcahy, Mary O‘Rourke and John Perry (in the Chair), Seán Power and
Joanna Tuffy.

Senators: Paddy Burke, Maurice Cummins, Paschal Donohoe, Terry Leyden, Paschal Mooney and
Feargal Quinn.


Apologies were received from Deputy Noel Treacy.


2. ITEM DISCUSSED IN PRIVATE SESSION

3. ADJOURNMENT

The meeting was adjourned at 10.38 a.m. sine die.




_______________________                    ______________          __
Mr. Tom Sheahan, T.D.                      Mr. Bernard J. Durkan, T.D.
Chairman                                   Chairman
Joint Committee on European Scrutiny       Joint Committee on European Affairs

16 December 2010                           14 December 2010
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                          MINUTES OF MEETING OF 13 JULY 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.41 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Lucinda Creighton, Paul Gogarty (substituting for Deputy Timmy Dooley), Michael Kitt,
Michael Mulcahy and John Perry in the chair.

Senators: Paddy Burke, Mark Deary (substituting for Senator Paschal Mooney for part of the
meeting), Terry Leyden and Paschal Mooney.

Apologies: Deputies Brendan Howlin, Timmy Dooley, Noel O‘Flynn and Aengus
O‘Snodaigh.

The Committee agreed to go into private session.

[PUBLIC SESSION]


2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 20 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 12.05 p.m. until Tuesday, 21 September 2010.



________________
Mr. John Perry, T.D.
Chairman
21 September 2010
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1



                             Joint Committee on European Scrutiny

                                         Meeting of 13 July 2010

                                               Decision List

Proposals in this decision list are placed in the following Categories:

1.         Adopted Measures
2.         For no further scrutiny
3.         For no further scrutiny - send to sectoral Committee for information
4.         Refer to sectoral committee for detailed scrutiny

1.     Adopted Measures

     1.1    COM(2010)202
            Proposal for a Council Regulation imposing a definitive anti-dumping duty on
            imports of silicon originating in the People‘s Republic of China, as extended
            to imports of silicon consigned from the Republic of Korea, whether declared
            as originating in the Republic of Korea or not, following an expiry review
            pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3)
            of Regulation (EC) No 1225/2009

            Lead department            Department of Enterprise, Trade and Employment


            It was agreed to note this adopted measure.

     1.2    COM(2010)217
            Council Regulation amending Regulation (EC) No 2488/2000 maintaining a
            freeze of funds in relation to Mr Milosevic and those persons associated with
            him (presented jointly by the commission and the High Representative of the
            EU for Foreign Affairs and Security Policy).

            Lead department            Department of Foreign Affairs


            Based on the information available, it was agreed to note this adopted
            proposal.
     1.3    COM(2010)218
            Council Regulation amending Regulation (EC) No 1763/2004 imposing
            certain restrictive measures in support of effective implementation of the
            mandate of the International Criminal Tribunal for the Former Yugoslavia
            (presented jointly by the Commission and the High Representative of the EU
            for Foreign Affairs and Security Policy)
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Lead department           Department of Foreign Affairs

           It was agreed to note this adopted measure.


2.     For no further scrutiny

     2.1   COM(2009)559
           Proposal for a Council decision on the conclusion of an additional Protocol to
           the Euro-Med Agreement establishing an Association between the EU and
           Israel on a Agreement on Conformity Assessment and Acceptance of
           Industrial Products (ACAA)

           Lead department           Department of Enterprise, Trade and Employment

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.

     2.2   COM(2010)257
           Proposal for a Council Decision on the signature on behalf of the EU of an
           Agreement between the EU and New Zealand amending the Agreement on
           mutual recognition in relation to conformity assessment between the EC and
           New Zealand.

           Lead department           Department of Enterprise, Trade and Employment

                                                   AND
     2.3   COM(2010)258
           Proposal for a Council Decision on the conclusion of the Agreement between
           the European Union and New Zealand amending the Agreement on mutual
           recognition in relation to conformity assessment between the European
           Community and New Zealand.

           Lead department           Department of Enterprise, Trade and Employment

                                                   AND
     2.4   COM(2010)269
           Proposal for a Council Decision on the signature on behalf of the EU of an
           Agreement between the EU and Australia amending the Agreement on mutual
           recognition in relation to conformity assessment between the EC and
           Australia.

           Lead department           Department of Enterprise, Trade and Employment

                                                  AND
     2.5   COM(2010)270
           Proposal for a Council Decision on the conclusion of the Agreement between
           the European Union and Australia amending the Agreement on mutual
           recognition in relation to conformity assessment, certificates and markings
           between the European Community and Australia.
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Lead department            Department of Enterprise, Trade and Employment

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



3.     For no further scrutiny - send to sectoral Committee for information

     3.1   COM(2009)236
           Proposal for a Council Decision concerning the approval on behalf of the
           European Community, of the Amendments of Annex II and Annex III to the
           Convention for the protection of the marine environment of the North-East
           Atlantic (OSPAR Convention) in relation to the storage of carbon dioxide
           streams in geological formations.

           Lead department            Department of Enterprise, Trade and Innovation


           Based on the information available, it was agreed to note this adopted
           proposal. However given that carbon capture and storage is one of the
           strategies which is being promoted at EU level as part of a strategy to
           address Climate Change, the EU having adopted Directive 2009/31/EC in
           this regard and that the amendments to the OSPAR Convention would
           require changes to national legislation in order for it to be ratified by
           Ireland, it was agreed that it would be referred for information to the
           Joint Committee on Climate Change and Energy Security, the Joint
           Committee Communications, Energy and natural Resources and to the
           Joint Committee on the Environment, Heritage and Local Government. It
           was further recommended to the Joint Committee on Climate Change
           and Energy Security that it would consider seeking a briefing from the
           Geological Survey of Ireland (a division of the Department of
           Communications, Energy and Natural Resources) about current and
           future strategic plans with regard to carbon capture and storage.

     3.2   COM(2009)648
           Amended Proposal for a Council Decision on the conclusion, on behalf of the
           European Union, of the Cooperation Agreement between the European Union
           and its Member States, of the one part, and the Principality of Liechtenstein, of
           the other part, to combat fraud and any other illegal activity to the detriment of
           their financial interests and to ensure exchange of information on tax matters.

           Lead department            Department of Finance

           It was agreed that this proposal does not warrant further scrutiny by this
           committee. However, given that it is of some significance, it was also
           agreed to forward the proposal to the Joint Committee on Finance and
           the Public Service for information.
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.3   COM(2010)176
      Proposal for a Council Decision laying down rules for imports into the
      European Union from Greenland of fishery products, live bivalve molluscs,
      echinoderms, tunicates, marine gastropods and by-products thereof.

      Lead department          Department of Agriculture, Fisheries and Food

      Based on the available information, it was agreed that this measure does
      not warrant further scrutiny by this Committee. It was also agreed that
      this measure will be sent to the Joint Committee on Agriculture, Fisheries
      and Food for information.


3.4   COM(2010)260
      Proposal for a Regulation of the European Parliament and of the Council on
      the Financial Regulation applicable to the general budget of the European
      Union     (Recast).

      Lead department          Department of Finance

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny by this committee. However, the changes
      proposed to the Financial Regulation are likely to be intensively debated
      between the Council and the EP and given that some of the changes may
      have an impact on the EU expenditure that benefits Ireland, it was also
      agreed that this proposal is forwarded to the Joint Committee on Finance
      and the Public Service and the Joint Committee on European Affairs for
      information.

3.5   COM(2010)275
      Proposal for a Council Decision authorising the placing on the market of
      products containing, consisting of, or produced from genetically modified
      maize 59122x1507xNK603 (DAS-59122-7xDAS-Ø15Ø7xMON-ØØ6Ø3-6)
      pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of
      the Council.

      Lead department          Department of Health and Children

                                              AND
3.6   COM(2010)276
      Proposal for a Council Decision authorising the placing on the market of
      products containing, consisting of, or produced from genetically modified
      maize 1507x59122 (DAS-Ø15Ø7-1xDAS-59122-7) pursuant to Regulation
      (EC) No 1829/2003 of the European Parliament and of the Council.

      Lead department          Department of Health and Children

                                            AND
3.7   COM(2010)277
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Proposal for a Council Decision authorising the placing on the market of
      products containing, consisting of, or produced from genetically modified
      maize MON 88017 x MON 810 (MON-88Ø17-3 x MON-ØØ81Ø-6) pursuant
      to Regulation (EC) No 1829/2003 of the European Parliament and of the
      Council.

      Lead department           Department of Health and Children

                                              AND
3.8   COM(2010)294
      Proposal for a Council Decision authorising the placing on the market of
      products containing, consisting of, or produced from genetically modified
      maize Bt11xGA21 (SYN-BTØ11-1xMON-ØØØ21-9) pursuant to Regulation
      (EC) No 1829/2003 of the European Parliament and of the Council

      Lead department           Department of Agriculture, Fisheries and Food

                                              AND
3.9   COM(2010)298
      Proposal for a Council Decision renewing the authorisation for continued
      marketing of products containing, consisting of, or produced from genetically
      modified maize Bt11 (SYN-BTØ11-1), authorising foods and food ingredients
      containing or consisting of field maize Bt11 (SYN-BTØ11-1) pursuant to
      Regulation (EC) No 1829/2003 and repealing Commission Decision
      2004/657/EC.

      Lead department           Department of Agriculture, Fisheries and Food

                                             AND
3.10 COM(2010)299
     Proposal for a Council Decision authorising the placing on the market of
     products containing, consisting of, or produced from genetically modified
     maize MON89034xNK603 (MON-89Ø34-3xMON-ØØ6Ø3-6) pursuant to
     Regulation (EC) No 1829/2003 of the European Parliament and of the Council

      Lead department           Department of Agriculture, Fisheries and Food



      Given that the Council has already decided on these proposals and that
      the JCES has already considered the issue of the authorisation of GMOs
      in general terms, it was agreed that these proposal do not warrant
      scrutiny by this Committee. However, given that Ireland imports
      significant quantities of maize for animal feed and that it is likely that
      these GM products will be included in these imports if the Commission
      decides to adopt this measure, it was also agreed to forward these
      proposals to the Joint Committee on Agriculture, Fisheries and Food for
      information. Given that the Department of Health and Children has
      primary responsibility for GMO in respect of food, it was also agreed to
      forward these proposals to the Joint Committee on Health and Children
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           for information.


4.     Refer to sectoral committee for detailed scrutiny

     4.1   COM(2010)283
           Proposal for a Regulation of the European Parliament and of the Council
           amending Regulation (EC) No 663/2009 establishing a programme to aid
           economic recovery by granting Community financial assistance to projects in
           the field of energy.

           Lead department           Department of Communications, Energy and
                                     Natural Resources

           Given that this proposal will provide opportunities for Ireland to apply
           for EU funding to support suitable projects in the energy efficiency and
           renewable energy area, an area identified as a priority for the
           establishment of a smart economy, it was agreed that this proposal
           warrants further scrutiny. To this end, it was agreed to refer this proposal
           to the Joint Committee on Communications, Energy and Natural
           Resources for scrutiny.

     4.2   COM(2010)306
           Proposal for a Council Regulation amending Regulation (EU) No. 53/2010 as
           regards certain fishing opportunities for cod, redfish and bluefin tuna and
           excluding certain groups of vessels from the fishing effort regime laid down in
           Chapter III of Regulation (EC) No 1342/2008

           Lead department           Department of Agriculture, Fisheries and Food

           This proposal has both a positive implication for the Irish fishing industry
           in terms of the proposed exclusion of Irish fishing vessels for the Cod
           Recovery Plan and a possible negative implication in terms of the
           proposed transfer of effort and capacity of the Netherlands' fishing fleet
           from the North sea to the Irish Sea. It is therefore proposed that this
           proposal warrants further scrutiny. To this end, it was agreed to refer this
           proposal to the Joint Committee on Agriculture, Fisheries and Food for
           detailed scrutiny.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 21 SEPTEMBER 2010
1.     OPENING OF MEETING
The Joint Committee met at 4.10 p.m. in Committee Room 1, LH 2000, a quorum being present. The
following members were present:—

Deputies: Lucinda Creighton, Timmy Dooley, Brendan Howlin (Leas-Cheann Comhairle), Michael
Kitt and John Perry in the chair.

Senators: Paddy Burke, Terry Leyden, Paschal Mooney and Eugene Regan.

Apologies: Deputies Michael Mulcahy and Noel O‘Flynn and Senator Alex White.

The Committee agreed to go into private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 57 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 5.23 p.m. until Tuesday, 5 October 2010.




________________
Mr. John Perry, T.D.
Chairman
5 October 2010
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                             Joint Committee on European Scrutiny

                                     Meeting of 21 September 2010

                                              Decision List

Proposals in this decision list are placed in the following Categories:

1.         Adopted Measures
2.         For no further scrutiny
3.         For no further scrutiny - send to sectoral Committee for information
4.         Early Warning Notes
5.         For Further scrutiny
6.         Refer to sectoral committee for detailed scrutiny

1.     Adopted Measures

     1.1    COM(2010)22
            Proposal for a Council Decision concerning a Union Position to be adopted in
            the EU - Serbia Interim Committee on its Rules of Procedure including the
            Terms of Reference and Structure of the EU-Serbia sub-committees.

            Lead department           Department of Foreign Affairs

            Given the available information, it was agreed to note this adopted
            measure.

     1.2    COM(2010)192
            Proposal for a Council Decision on the signing and provisional application of
            a Protocol to the Partnership and Cooperation     Agreement between the
            European Communities and their Member States, the one part, and the
            Republic of Moldova, of the other part, on a framework Agreement between
            the European Union and the Republic of Moldova on the general       principles
            for the participation of the Republic of Moldova in Union programmes.

            Lead department           Department of Foreign Affairs

            In light of the information provided, it was agreed that this adopted
            technical proposal be noted by the Committee.

     1.3    COM(2010)194
            Proposal for a Council Decision on the conclusion of a Protocol to the
            Partnership and Co-operation Agreement between the European Communities
            and their Member States, of the one part, and the Republic of Moldova, of the
            other part, on a framework Agreement between the European Union and the
            Republic of Moldova on the general principles for the participation of the
            Republic of Moldova in Union programmes.
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Lead department          Department of Foreign Affairs

      In light of the information provided, it was agreed that this adopted
      technical proposal be noted by the Committee.


1.4   COM(2010)201
      Proposal for a Council Regulation temporarily suspending autonomous
      Common Customs Tariff duties on imports of certain industrial products into
      the autonomous regions of Madeira and the Azores

      Lead department          Department of Enterprise, Trade and Innovation

                                            AND
1.5   COM(2010)278
      Proposal for a Council Regulation temporarily suspending autonomous
      Common Customs Tariff duties on imports of certain industrial products into
      the autonomous regions of Madeira and the Azores.

      Lead department          Department of Enterprise, Trade and Innovation

      Given the available information, it was agreed to note these adopted
      measures.


1.6   COM(2010)227
      Proposal for a Council Regulation (EU) No …/2010 amending Regulation
      (EC) No 1412/2006 concerning certain restrictive measures in respect of
      Lebanon.

      Lead department          Department of Foreign Affairs

      Based on the information available, it was agreed to note this adopted
      proposal.


1.7   COM(2010)312
      Proposal for a Council Decision on the financial contributions to be paid by
      the Member States to finance the European Development Fund (2rd instalment
      2010).

      Lead department          Department of Foreign Affairs

      It was agreed to note this adopted measure.

1.8   COM(2010)374
      Proposal for a Council Regulation establishing the fishing opportunities for
      anchovy in the Bay of Biscay for the 2010-2011 fishing season and amending
      Regulation (EU) No 53/2010.
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Lead department           Department of Agriculture, Fisheries and Food

           It was agreed to note this adopted measure.


2.     For no further scrutiny

     2.1   COM(2009)197
           Proposal for a Council Regulation amending Regulation (EC) No 1934/2006
           establishing a financing instrument for cooperation with industrialised and
           other high-income countries and territories.

           Lead department           Department of Foreign Affairs

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.

     2.2   COM(2010)85
           Proposal for a Regulation of the European Parliament and of the Council
           amending Council Regulation (EC, Euratom) No 1605/2002 on the Financial
           Regulation applicable to the general budget of the European Union, as regards
           the European external action service.

           Lead department           Department of Finance

                                                    AND
     2.3   COM(2010)309
           Proposal for Regulation of the European Parliament and the Council amending
           the Staff Regulations of Officials of the European Communities and the
           Conditions of Employment of Other Servants of these Communities.

           Lead department           Department of Finance

                                                 AND
     2.4   COM(2010)315
           DRAFT AMENDING BUDGET N° 6 TO THE GENERAL BUDGET 2010
           STATEMENT OF REVENUE AND EXPENDITURE BY SECTION
           STATEMENT OF REVENUE AND EXPENDITURE BY SECTION Section
           II –European Council and Council Section III - Commission Section X –
           European External Action Service.

           Lead department           Department of Finance

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

     2.5   COM(2010)142
           Proposal for a Regulation (EU) of the European Parliament and of the Council
           amending Council Regulation (EC) No 732/2008 applying a scheme of
           generalised tariff preferences for the period from 1 January 2009 to 31
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      December 2011.

      Lead department           Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.


2.6   COM(2010)204
      Proposal for a Regulation of the European Parliament and of the Council on
      freedom of movement for workers within the Union (Codification).

      Lead department           Department of Justice and Law Reform

      Based on the information available, it was agreed that this technical
      proposal does not warrant further scrutiny.

2.7   COM(2010)246
      Proposal for a Council decision on the signature and provisional application of
      the Agreement on certain aspects of air services between the European Union
      and the Republic of Indonesia

      Lead department           Department of Transport

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

2.8   COM(2010)256
      Proposal for a Regulation of the European Parliament and of the Council of
      the European Union amending Regulation (EC) No 539/2001 listing the third
      countries whose nationals must be in possession of visas when crossing the
      external borders of Member States and those whose nationals are exempt from
      that requirement.

      Lead department           Department of Justice and Law Reform

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

2.9   COM(2010)263
      Proposal for a Council decision on the signature and provisional application of
      the Agreement on certain aspects of air services between the European Union
      and the Republic of Peru

      Lead department           Department of Transport

                                            AND
2.10 COM(2010)264
     Proposal for a Council Decision on the conclusion of the Agreement on certain
     aspects of air services between the European Union and the Republic of Peru
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     Lead department            Department of Transport

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

2.11 COM(2010)266
     Proposal for a Council Decision on the conclusion of an Agreement between
     the European Union and the Federative Republic of Brazil on civil aviation
     safety.

     Lead department            Department of Transport

                                            AND
2.12 COM(2010)268
     Proposal for a Council Decision on the signature of an Agreement between the
     European Union and the Government of the Federative Republic of Brazil on
     civil aviation safety.

     Lead department            Department of Transport

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.


2.13 COM(2010)279
     Proposal for a Council Decision on the position to be adopted by the European
     Union within the ACP-EC Council of Ministers concerning the transitional
     measures applicable from the date of signing to the date of entry into force of
     the Agreement amending for the second time the Partnership Agreement
     between the African, Caribbean and Pacific States, of the one part, and the
     European Community and its Member States, of the other part, signed in
     Cotonou on 23 June 2000 as first revised in Luxembourg on 25 June 2005.

     Lead department            Department of Foreign Affairs

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.14 COM(2010)280
     Proposal for a Council Decision on the compulsory application of Regulation
     No 100 of the United Nations Economic Commission for Europe for the
     approval of motor vehicles with regard to electric safety.

     Lead department            Department of Transport

     In light of the information provided, it was agreed the measure does not
     require further scrutiny by the Committee.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.15 COM(2010)302
     Proposal for a Decision of the European Parliament and of the Council
     providing macro-financial assistance to the Republic of Moldova

      Lead department             Department of Finance

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

2.16 COM(2010)305
     Proposal for a Council Implementing Decision authorising France and Italy to
     introduce a special measure derogating from Article 5 of Directive
     2006/112/EC on the common system of value added tax.

      Lead department             Department of Finance

      In light of the information available, it was agreed that the measure does
      not require further scrutiny.

2.17 COM(2010)310
     Proposal for a Council Decision of [...] on the compulsory application of
     Regulations No 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 13 H, 14, 16, 17, 18, 19, 20, 21,
     23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 55, 58, 61, 66, 67, 73, 77, 79,
     80, 87, 89, 90, 91, 93, 94, 95, 97, 98, 99, 102, 105, 107, 110, 112, 116, 118,
     121, 122, 123 and 125 of the United Nations Economic Commission for
     Europe for the type-approval of motor vehicles, their trailers and systems,
     components and separate technical units intended therefor.

      Lead department             Department of Transport

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

2.18 COM(2010)313
     Proposal for a Council Implementing Decision authorising Romania to
     introduce a special measure derogating from Article 193 of Directive
     2006/112/EC on the common system of value added tax.

      Lead department             Department of Finance

      In light of the information available, it was agreed that the measure does
      not require further scrutiny.

2.19 COM(2010)325
     Proposal for a REGULATION (EU) No …/… OF THE EUROPEAN
     PARLIAMENT AND OF THE COUNCIL of amending Council Regulation
     (EC) No 2187/2005 as regards the prohibition of highgrading and restrictions
     on fishing for flounder and turbot in the Baltic Sea, the Belts and the Sound.

      Lead department             Department of Agriculture, Fisheries and Food
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.20 COM(2010)331
     Proposal for a Council Directive amending Directive 2006/112/EC on the
     common system of value added tax, with regard to the duration of the
     obligation to respect a minimum standard rate.

     Lead department            Department of Finance

     In light of the information provided, it was agreed that the measure does
     not warrant further scrutiny by the Committee.

2.21 COM(2010)336
     Proposal for a REGULATION (EU) No xxxx/2010 OF THE EUROPEAN
     PARLIAMENT AND OF THE COUNCIL of amending Council Regulation
     (EC) No 1234/2007 (Single CMO Regulation) as regards the aid granted in the
     framework of the German Alcohol Monopoly

     Lead department            Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.22 COM(2010)342
     Proposal for a Council Regulation laying down the weightings applicable from
     1 July 2009 to the remuneration of officials, temporary staff and contract staff
     of the European Communities serving in third countries.

     Lead department            Department of Finance

     In light of the information provided, it was agreed that this technical
     measure does not warrant further scrutiny by the Committee.

2.23 COM(2010)345
     Proposal for a Council Decision on a EU position concerning the adoption of
     the decision of the Joint CARIFORUM-EC Council of the Economic
     Partnership Agreement between the CARIFORUM States, of the one part, and
     the European Community and its Member States, of the other part, amending
     Annex IV to the Agreement for the purpose of incorporating the commitments
     of the Commonwealth of the Bahamas

     Lead department            Department of Foreign Affairs

     In light of the information provided, it was agreed that this technical
     measure does not warrant further scrutiny by the Committee.

2.24 COM(2010)350
     Proposal for a Council Regulation (EU) on the translation arrangements for the
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     European Union patent

     Lead department            Department of Enterprise, Trade and Innovation

     In light of the information provided, it was agreed that this measure does
     not warrant further scrutiny by the Committee.

2.25 COM(2010)358
     Proposal for a Regulation of the European Parliament and of the Council
     amending Regulation (EC) No 539/2001 listing the third countries whose
     nationals must be in possession of visas when crossing the external borders of
     Member States and those whose nationals are exempt from that requirement.

     Lead department            Department of Justice and Law Reform

     In light of the fact that Ireland is not in a position to participate in this
     part of the Schengen acquis, it was agreed that this measure does not
     require further scrutiny by this Committee.

2.26 COM(2010)359
     Proposal for a Directive of the European Parliament and of the Council on the
     marketing of material for the vegetative propagation of the vine (Recast)

     Lead department            Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.


2.27 COM(2010)360
     Proposal for a Council Impelmenting Decision authorising the Republic of
     Latvia to apply a measure derogating from Article 287 of Council Directive
     2006/112/EC on the common system of value added tax.

     Lead department            Department of Finance

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.28 COM(2010)366
     Proposal for a Council Decision on the European Union position on Decision
     No 1/2010 of the Joint Veterinary Committee set up by the Agreement
     between the European Community and the Swiss Confederation on trade in
     agricultural products regarding the amendment of Appendices 1, 2, 5, 6, 10
     and 11 to Annex 11 to the Agreement.

     Lead department            Department of Agriculture, Fisheries and Food

     In light of the technical nature of the proposal, it was agreed that the
     measure does not require further scrutiny by the Committee.
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.29 COM(2010)381
     Proposal for a Council Directive amending Directive 2008/9/EC laying down
     detailed rules for the refund of value added tax, provided for in Directive
     2006/112/EC, to taxable persons not established in the Member State of refund
     but established in another Member State.

     Lead department           Department of Finance

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.30 COM(2010)393
     Amended proposal for a Regulation of the European Parliament and of the
     Council amending Regulation (EC) No 708/2007 concerning use of alien and
     locally absent species in aquaculture.

     Lead department           Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.31 COM(2010)394
     Proposal for a Council Decision concerning the conclusion of consultations
     with the Republic of Niger under Article 96 of the revised Cotonou
     Agreement.

     Lead department           Department of Foreign Affairs

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.32 COM(2010)405
     Proposal for a Council Decision on the signature of a voluntary partnership
     agreement between the European Union and the Republic of Cameroon on
     forest law enforcement, governance and trade in timber and derived products
     to the European Union (FLEGT).

     Lead department           Department of Agriculture, Fisheries and Food

                                            AND
2.33 COM(2010)406
     Proposal for a Council Decision on the conclusion of a voluntary partnership
     agreement between the European Union and the Republic of Cameroon on
     forest law enforcement, governance and trade in timber and derived products
     to the European Union (FLEGT).

     Lead department           Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that these proposals
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     does not warrant further scrutiny.

2.34 COM(2010)424
     Proposal for a Council Decision concluding a Protocol between the European
     Union and the Arab Republic of Egypt establishing a Dispute Settlement
     Mechanism applicable to disputes under the trade provisions of the Euro-
     Mediterranean Agreement establishing an Association between the European
     Communities and their Member States, of the one part, and the Arab Republic
     of Egypt of the other part.

     Lead department           Department of Enterprise, Trade and Innovation

     In light of the information provided, it was agreed that the measure does
     not require further scrutiny by the Committee.

2.35 COM(2010)425
     Proposal for a Council Decision authorising the signature of a Protocol
     between the European Union and the Arab       Republic of Egypt establishing
     a Dispute Settlement Mechanism applicable to disputesunder the trade
     provisions of the Euro-Mediterranean Agreement establishing an Association
     between the European Communities and their Member States, of the one part,
     and the Arab Republic of Egypt of the other part.

     Lead department           Department of Enterprise, Trade and Innovation

     In light of the information provided, it was agreed that the measure does
     not require further scrutiny by the Committee.

2.36 COM(2010)426
     Proposal for a Council Decision on the conclusion of an Agreement between
     the European Union and the Swiss Confederation establishing the terms and
     conditions for the participation of the Swiss Confederation in the ‗Youth in
     Action‘ programme and in the action programme in the field of lifelong
     learning (2007-2013).

     Lead department           Department of Health and Children

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

2.37 COM(2010)432
     Proposal for amending Regulations (EC) No 1292/2007 and (EC) No
     367/2006 (imposing definitive      anti-dumping and countervailing duties on
     imports of polyethylene terephthalate (PET) film originating in India, and
     maintaining the extension of those duties to imports of polyethylene
     terephthalate (PET) film consigned from, inter alia, Israel), granting
     anexemption from those measures to one Israeli exporter and terminating the
     registration of imports from that exporter

     Lead department           Department of Enterprise, Trade and Innovation
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.

     2.38 COM(2010)455
          Proposal for a Council Regulation imposing a definitive countervailing duty
          and collecting definitely the provisional duty imposed on imports of certain
          polyethylene terephthalate originating in Iran, Pakistan and the United Arab
          Emirates

           Lead department            Department of Enterprise, Trade and Innovation

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.

3.     For no further scrutiny - send to sectoral Committee for information

     3.1   COM(2010)289
           Proposal for a Regulation of the European Parliament and of the Council on
           amending Regulation (EC) No 1060/2009 on credit rating agencies.

           Lead department            Department of Finance

           Based on the available information and the fact that the Committee has
           already scrutinised, in detail, the original legislative package which this
           proposal supports, it was agreed that this proposal does not warrant
           further scrutiny. It was further agreed that this proposal will be sent for
           information to the Joint Committee on Finance and the Public Service.

     3.2   COM(2010)378
           Proposal for a Directive of the European Parliament and of the Council on
           conditions of entry and residence of third-country nationals in the framework
           of an intra-corporate transfer.

           Lead department            Department of Justice and Law Reform

           Based on the analysis above (i.e. the Subsidiarity Check List), it was
           agreed to conclude that the proposal complies with the principle of
           subsidiarity. Therefore, it was agreed that the proposal does not warrant
           further scrutiny by this Committee in terms of subsidiarity. However,
           given that, in term of its substance, the proposal is of some significance
           and that Oireachtas approval will be required if the Government decides
           to opt into the proposal, it was agreed to forward the draft Directive to
           the Joint Committee on Justice, Defence and Women’s Rights for its
           consideration and the Joint Committee on Enterprise, Trade and
           Innovation for its information.

     3.3   COM(2010)379
           Proposal for a Directive of the European Parliament and of the Council on the
           conditions of entry and residence of third-country nationals for the purposes of
           seasonal employment.
                                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Lead department            Department of Justice and Law Reform

           Based on the analysis above (i.e. the Subsidiarity Check List), it was
           agreed to conclude that there are some concerns with regard the principle
           of subsidiarity in relation to this proposal. However, given that Article
           79 of the TFEU says that the Union shall develop a common immigration
           policy aimed at ensuring, at all stages, the efficient management of
           migration flows and fair treatment of third-country nationals residing
           legally in Member States, that the objectives of the proposal are
           consistent with the overarching policy frameworks agreed by the
           European Council, and that the Department of Justice, Equality and Law
           Reform has indicated that that the reasons, put forward by the
           Commission, for common action at the EU level do not appear
           unreasonable and confirmed that Ireland did not object to the proposal,
           on the basis of subsidiarity, at the first Council Working Party meeting
           which considered the proposal on 9 September 2010, the Committee
           agreed that the proposal does appear to comply with the principle of
           subsidiarity and that the proposal does not warrant further scrutiny by
           this Committee in terms of subsidiarity. However, given that, in term of
           its substance, the proposal is of some significance and that Oireachtas
           approval will be required if the Government decides to opt into the
           proposal, it was agreed to forward the draft Directive to the Joint
           Committee on Justice, Defence and Women’s Rights for its consideration
           and the Joint Committee on Enterprise, Trade and Innovation for its
           information.


4.     Early Warning Notes

     4.1   EWN: 2010/ C 151/04
           Notice of initiation of a partial interim review of the anti-dumping measures
           applicable to imports of certain polyethylene terephthalate (PET) originating,
           inter alia, in India

           Lead department            Department of Enterprise, Trade and Innovation

                                                   AND
     4.2   EWN: 2010/ C 151/05
           Notice of initiation of a partial interim review of the countervailing measures
           applicable to imports of certain polyethylene terephthalate (PET) originating,
           inter alia, in India

           Lead department            Department of Enterprise, Trade and Innovation

           Given that there are no reported difficulties for Ireland, it was agreed
           that these trade matters do not warrant further scrutiny.


     4.3   EWN: 2010/C 192/04
           Notice of initiation of an expiry review of the anti-dumping measures
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           applicable to imports of barium carbonate originating in the People‘s Republic
           of China

           Lead department           Department of Enterprise, Trade and Innovation

           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.

     4.4   EWN: L 134 /25
           Commission Regulation (EU) No 473/2010 of 31 May 2010 imposing a
           provisional countervailing duty on imports of Polyethylene terephthalate
           originating in Iran, Pakistan and the United Arab Emirates

           Lead department           Department of Enterprise, Trade and Innovation

           Given that there are no reported difficulties for Ireland, it was agreed
           that this measure does not warrant further scrutiny.

     4.5   EWN: L 134 /4
           Commission Regulation (EU) No 472/2010 of 31 May 2010 imposing a
           provisional anti-dumping duty on imports of Polyethylene terephthalate
           originating in Iran and the United Arab Emirates

           Lead department           Department of Enterprise, Trade and Innovation

           Given that there are no reported difficulties for Ireland, it was agreed
           that this measure does not warrant further scrutiny.

     4.6   EWN: L /135/3
           Commission Regulation (EU) No 478 /2010 of 1 June 2010 imposing a
           provisional anti-dumping duty on imports of high tenacity yarn of polyesters
           originating in the People‘s Republic of China

           Lead department           Department of Enterprise, Trade and Innovation

           Given that there are no reported difficulties for Ireland, it was agreed
           that this trade matter does not warrant further scrutiny.

5.     For Further scrutiny

     5.1   COM(2010)83
           Proposal for a Regulation of the European Parliament and of the Council
           laying down the rules and general principles concerning mechanisms for
           control by Member States of the Commission‘s exercise of implementing
           powers.

           Lead department           Department of Foreign Affairs

           Given the concerns that have been raised in the past about the
           Commission’s implementing powers and the comitology procedure,
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           particularly in regard to its respect for proper democratic accountability
           and the prerogatives of parliaments, it was agreed that this proposal
           warrants further scrutiny.

           To this end, it was agreed that the Committee seek further clarification
           from the Department of Foreign Affairs on how exactly Member States
           will exert their control over the Commission’s exercise of implementing
           powers and whether the Department is satisfied that the proposal respects
           the principle of democratic accountability.


6.     Refer to sectoral committee for detailed scrutiny

     6.1   COM(2010)392
           Proposal for a directive of the European Parliament and of the Council on the
           right to information in criminal proceedings.

           Lead department           Department of Justice and Law Reform

           Given that this proposal is of some significance and in view of the need for
           Oireachtas approval if Ireland wishes to opt into the Directive, it was
           agreed that this proposal warrants further scrutiny. To this end, it was
           agreed to forward the proposal to the Joint Committee on Justice,
           Defence and Women’s Rights for its consideration.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 12 OCTOBER 2010
1.     OPENING OF MEETING
The Joint Committee met at 4.07 p.m. in Committee Room 4, LH 2000, a quorum being present. The
following members were present:—

Deputies: Timmy Dooley, Michael Kitt, Michael Mulcahy and John Perry in the chair.

Senators: Terry Leyden, Paschal Mooney, Eugene Regan and Alex White

Apologies: Deputies Brendan Howlin and Lucinda Creighton and Senator Paddy Burke.

The Committee agreed to go into private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 32 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 5.08 p.m. sine die.




________________
Mr. John Perry, T.D.
Chairman
19 October 2010
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                      Meeting of 12 October 2010

                                              Decision List

Proposals in this decision list are placed in the following Categories:

1.         Adopted Measures
2.         For no further scrutiny
3.         For no further scrutiny - send to sectoral Committee for information
4.         For Further scrutiny



1.     Adopted Measures

     1.1    COM(2010)2010
            Proposal for a Council Regulation establishing a European financial
            stabilization mechanism.

            Lead department           Department of Finance

            In light of the rapid adoption of the measure in May 2010, it was agreed
            that it does not require further scrutiny by the Committee at this stage.

     1.2    COM(2010)304
            Proposal for a Council Regulation amending Regulation (EC) No 452/2007
            imposing a definitive anti-dumping duty on imports of ironing boards
            originating, inter alia, in Ukraine.

            Lead department           Department of Enterprise, Trade and Innovation

            It was agreed that this adopted measure does not require further scrutiny
            by the Committee.

     1.3    COM(2010)363
            Proposal for a Council Decision on establishing the European Union position
            within the Ministerial Council of the Energy Community (Skopje, 24
            September 2010).

            Lead department           Department of Communications, Energy and
                                      Natural Resources

            It was agreed that this adopted measure does not require further scrutiny
            by the Committee.

     1.4    COM(2010)435
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Proposal for a Council Regulation re-imposing a definitive anti-dumping duty
           on imports of ironing boards originating in  the People's Republic of China,
           manufactured by Foshan Shunde Yongjian Housewares and Hardware Co.
           Ltd., Foshan.

           Lead department          Department of Enterprise, Trade and Employment

           Based on the information available, it was agreed to note this adopted
           proposal.

2.     For no further scrutiny

     2.1   COM(2008)308
           Proposal for a Regulation of the European Parliament and of the Council
           amending Regulation (EC) No. 1638/2006 laying down general provisions
           establishing a European Neighbourhood and Partnership Instrument.

           Lead department          Department of Foreign Affairs

           It was agreed that this proposal does not warrant further scrutiny.


     2.2   COM(2010)083
           Proposal for a Regulation of the European Parliament and of the Council
           laying down the rules and general principles concerning mechanisms for
           control by Member States of the Commission‘s exercise of implementing
           powers.

           Lead department          Department of Foreign Affairs

           The Joint Committee on European Scrutiny agreed at the Meeting of 21
           September 2010 that this proposal warrants further scrutiny and to seek
           further clarification from the Department of Foreign Affairs on how
           exactly Member States will exert their control over the Commission’s
           exercise of implementing powers and whether the Department is satisfied
           that the proposal respects the principle of democratic accountability.

           Based on the clarifications received from the Department of Foreign
           Affairs, it was agreed that this proposal does not warrant further scrutiny
           at this stage. However, it was also agreed to ask the Department to keep
           the Committee informed of the ongoing negotiations on this proposal
           between the Council and the European Parliament and of any significant
           amendments to the proposal.

     2.3   COM(2010)145
           Proposal for a Regulation of the European Parliament and of the Council
           amending Council Regulation (EC) No 861/2006 of 22 May 2006 establishing
           Community financial measures for the implementation of the common
           fisheries policy and in the area of the Law of the Sea.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Lead department            Department of Agriculture, Fisheries and Food

      In light of the information provided by the Department, it was agreed that
      this measure does not require further scrutiny by the Committee.

2.4   COM(2010)184
      Proposal for a Council Regulation (EURATOM) laying down maximum
      permitted levels of radioactive contamination of foodstuffs and of
      feedingstuffs following a nuclear accident or any other case of radiological
      emergency. (Recast)

      Lead department            Department of Environment, Heritage and Local
                                 Government

      In light of the information provided, it was agreed that the measure does
      not require further scrutiny.

2.5   COM(2010)273
      Proposal for a Regulation (EU) No …/… of the European Parliament and of
      the Council implementing Article 10 of the United Nations‘ Firearms Protocol
      and establishing export authorisation, import and transit measures for firearms,
      their parts and components and ammunition.

      Lead department            Department of Enterprise, Trade and Employment

      In light of the information provided by the Department, it was agreed that
      the measure does not require further scrutiny by the Committee.

2.6   COM(2010)293
      Proposal for a Council Implementing Decision authorising Poland to introduce
      a special measure derogating from Article 26(1)(a) and Article 168 of
      Directive 2006/112/EC on the common system of value added tax.

      Lead department            Department of Finance

      It was agreed that this proposal does not warrant further scrutiny.

2.7   COM(2010)372
      Proposal for a Council Regulation on State aid to facilitate the closure of
      uncompetitive coal mines.

      Lead department            Department of Enterprise, Trade and Employment

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

2.8   COM(2010)376
      Proposal for a Council Regulation (EU) No …/… concerning the extension of
      the scope of Regulation (EU) of the European Parliament and of the Council
      No xx/yy on the professional cross-border transportation of euro cash by road
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      between euro-area Member States.

      Lead department           Department of Justice, Equality and Law Reform

                                             AND
2.9   COM(2010)377
      Proposal for a Regulation (EU) No …/… of the European Parliament and of
      the Council on the professional cross-border transportation of euro cash by
      road between euro-area Member States.

      Lead department           Department of Justice, Equality and Law Reform

      In light of the non-application of these measures to Ireland, it was agreed
      that they do not require further scrutiny by the Committee.

2.10 COM(2010)383
     DRAFT AMENDING BUDGET N° 7 TO THE GENERAL BUDGET 2010
     STATEMENT OF EXPENDITURE BY SECTION Section III - Commission

      Lead department           Department of Finance

      Based on the information provided by the Department, it was agreed that
      this budgetary proposal does not warrant further scrutiny by this
      Committee.

2.11 COM(2010)388
     Amended proposal for a Directive of the European Parliament and of the
     Council on coordination of safeguards which, for the protection of the interests
     of members and others, are required by Member States of companies within
     the meaning of the second paragraph of Article 54 of the Treaty, in respect of
     the formation of public limited liability companies and the maintenance and
     alteration of their capital, with a view to making such safeguards equivalent.

      Lead department           Department of Enterprise, Trade and Employment

      In light of the technical nature of this codification measure, it was agreed
      that it does not require further scrutiny by the Committee.

2.12 COM(2010)391
     Amended proposal for a Directive of the European Parliament and of the
     Council concerning mergers of public limited liability companies.

      Lead department           Department of Enterprise, Trade and Innovation

      It was agreed that this proposal does not warrant further scrutiny.

2.13 COM(2010)395
     Proposal for a Regulation of the European Parliament and of the Council on
     the approval of agricultural or forestry vehicles
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     Lead department            Department of Agriculture, Fisheries and Food

     It was agreed that this proposal does not warrant further scrutiny.

2.14 COM(2010)403
     Proposal for a Decision of the European Parliament and of the Council
     amending the Interinstitutional Agreement of 17 May 2006 on budgetary
     discipline and sound financial management as regards the multiannual
     financial framework, to address additional financing needs of the ITER project

     Lead department            Department of Finance

     In light of the information provided, and the technical nature of the
     proposal, it was agreed that it does not require further scrutiny by the
     Committee.

2.15 COM(2010)409
     Proposal for a Council Decision on the signature of the Agreement between
     the European Union and the Federative       Republic of Brazil on short-stay
     visa waiver for holders of diplomatic, service or official passports

     Lead department            Department of Justice, Equality and Law Reform

                                             AND
2.16 COM(2010)410
     Proposal for a Council Decision on the conclusion of the Agreement between
     the European Union and the Federative Republic of Brazil on short-stay visa
     waiver for holders of diplomatic, service or official passports.

     Lead department            Department of Justice, Equality and Law Reform

     It was agreed that these proposals do not warrant further scrutiny.

2.17 COM(2010)419
     Proposal for a Council Decision on the signature of the Agreement between
     the European Union and the Federative      Republic of Brazil on short-stay
     visa waiver for holders of ordinary passports

     Lead department            Department of Justice and Law Reform

                                            AND
2.18 COM(2010)420
     Proposal for a Council Decision on the conclusion of the Agreement between
     the European Union and the Federative Republic of Brazil on short-stay visa
     waiver for holders of ordinary passports.

     Lead department            Department of Justice, Equality and Law Reform

     Based on the information available, it was agreed that these proposals do
     not warrant further scrutiny.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




2.19 COM(2010)442
     Proposal for a Council Regulation (EU) No amending Regulation (EC) No
     1631/2005 imposing a definitive anti-dumping duty on          imports of
     trichloroisocyanuric acid originating, inter alia, in the People's Republic of
     China.

      Lead department            Department of Enterprise, Trade and Employment

      In light of the information provided by the Department, it was agreed that
      this trade measure does not require further scrutiny by the Committee.

2.20 COM(2010)444
     Proposal for a Council Decision concerning the non-inclusion of 1,3-
     dichloropropene in Annex I to Council Directive 91/414/EEC

      Lead department            Department of Agriculture, Fisheries and Food

      In light of the information provided by the Department, it was agreed that
      this technical measure does not warrant further scrutiny by the
      Committee.

2.21 COM(2010)445
     Proposal for a Council Regulation terminating the partial interim review of
     Council Regulation (EC) No 661/2008 imposing a definitive anti-dumping
     duty on imports of ammonium nitrate originating in Russia

      Lead department            Department of Enterprise, Trade and Employment

      It was agreed that this proposal does not warrant further scrutiny.

2.22 COM(2010)459
     Proposal for a Council Regulation (EU) No …/2010      on restrictive
     measures against Iran and repealing Regulation (EC) No 423/2007

      Lead department            Department of Foreign Affairs

      In light of the information provided by the Department, it was agreed that
      this measure does not require further scrutiny.

2.23 EWN:2009/C237/05
     Notice of initiation of an ant-dumping proceeding concerning imports of
     ironing boards originating in the Peoples's Republic of China, limited to one
     Chinese exporting producer, Since Hardware (Guanqzhou) Co. Ltd, and of
     initiation of a review of the anti-dumping measures on imports of ironing
     boards originating in the People's Republic of China,

      Lead department

      Given that there are no reported difficulties for Ireland, it was agreed
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           that this trade matter does not warrant further scrutiny.




3.     For no further scrutiny - send to sectoral Committee for information

     3.1   COM(2010)433
           Proposal for a Directive of the European Parliament and of the Council
           amending Directives 98/78/EC, 2002/87/EC and 2006/48/EC as regards the
           supplementary supervision of financial entities in a financial conglomerate.

           Lead department           Department of Finance

           In view of the information provided by the Department, particularly that
           this is primarily a technical measure to amend existing Directives, it was
           agreed that the measure does not require further scrutiny by this
           Committee. It was also agreed however that the measure be forwarded
           for information to the Finance Committee in light of their overall policy
           remit in this area.

     3.2   COM(2010)439
           Communication from the Commission to the Council follow-up to the Council
           Decision of 10 May 2010 addressed to Greece, with a view to reinforcing and
           deepening fiscal surveillance and giving notice to Greece to take measures for
           the deficit education judged necessary to remedy the situation of excessive
           deficit

           Lead department           Department of Finance

                                                   AND
     3.3   COM(2010)440
           Recommendation for a Council Decision amending Council Decision
           2010/320/EU of 10 May 2010 addressed to Greece with a view to reinforcing
           and deepening the fiscal surveillance and giving notice to take measures for
           the deficit reduction judged necessary to remedy the situation of excessive
           deficit

           Lead department           Department of Finance

           As this is not a legislative proposal, it was agreed that the communication
           does not warrant further scrutiny by this Committee. Based on the
           information available, it was agreed that the draft Council Decision does
           not warrant further scrutiny. However, given that the Joint Committee on
           European Affairs has considered the Loan Facility for Greece as part of
           its work and that the communication may be of interest to the Joint
           Committee on Finance and the Public Service, it was also agreed to
           forward the documents to these committees for information.

4.     For Further scrutiny
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




4.1   COM(2010)119
      Proposal for a Regulation of the European Parliament and of the Council on
      the citizens‘ initiative.

      Lead department           Department of Foreign Affairs

      Given the significance of this proposal for the democratic development of
      the EU and that it is seen as one of the major achievements of the Lisbon
      Treaty, it was agreed that it warrants further scrutiny. In particular, it is
      important that the administrative arrangements for the implementation
      of the Citizens’ Initiative in Ireland are put in place in a timely and
      effective manner. Therefore, it was agreed to seek further details from the
      relevant Government Departments on the administrative arrangements
      for the implementation of the initiative in Ireland and the time scale for
      their introduction. In addition, given that primary legislation may be
      required to provide for the use of the Electoral Register to validate
      statements of support under particular initiatives, it was also agreed to
      forward the proposal to the Joint Committee on the Environment,
      Heritage and Local Government for information.

4.2   COM(2010)368
      Proposal for a Directive …/…/EU of the European Parliament and of the
      Council on Deposit Guarantee Schemes [recast].

      Lead department           Department of Finance

      Given the significant nature of the measure, and the likely requirement
      for primary legislation, it was agreed that it should be scrutinised in detail
      by the Committee. To assist in its consideration, it was agreed that the
      Minister for Finance and the Governor of the Central Bank be invited to
      make oral presentations to the Committee and take questions. The
      Committee may also invite other relevant stakeholders on behalf of the
      banking and credit union sectors.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 19 OCTOBER 2010
1.     OPENING OF MEETING
The Joint Committee met at 2.05 p.m. in Committee Room 4, LH 2000, a quorum being present. The
following members were present:—

Deputies: Lucinda Creighton, Timmy Dooley, Michael Kitt, Aengus Ó Snodaigh and John Perry in
the chair.

Senators: Paddy Burke, Terry Leyden and Paschal Mooney.

Apologies: Deputies Brendan Howlin and Noel O‘Flynn.

The Committee agreed to go into private session.

[PUBLIC SESSION]

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 2 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

3.    ADJOURNMENT
The meeting was adjourned at 2.51 p.m. until Thursday, 4th November at 11.30 a.m.



________________
Mr. John Perry, T.D.
Chairman
4 November 2010
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                      Meeting of 19 October 2010

                                              Decision List

Proposals in this decision list are placed in the following Categories:

1.         For no further scrutiny - send to sectoral Committee for information
2.         For Further scrutiny


1.     For no further scrutiny - send to sectoral Committee for information

     1.1    COM(2010)462
            Proposal for a Decision of the European Parliament and of the Council on the
            European Year for Active Ageing (2012) (text with EEA relevance)

            Lead department           Department of Health and Children


Based on the available information, it was agreed that this proposal does not
warrant further scrutiny. It was also agreed that this proposal will be sent for
information to the Joint Committee on Health and Children.


2.     For Further scrutiny

     2.1    COM(2010)371
            Proposal for a Directive of the European Parliament and of the Council
            amending Directive 97/9/EC of the European Parliament and of the Council on
            investor-compensation schemes.

            Lead department           Department of Finance


In view of the importance of the proposal, and its links with the proposed
Directive on DGSs (COM(2010)368), it was agreed that this proposal will be
scrutinised in detail with 368. The Committee will be inviting the Minister for
Finance, the Governor of the Central Bank, and other relevant stake holders, to
discuss the proposal and prepare a report for the Houses.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 4 NOVEMBER 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.47 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Timmy Dooley, Michael Kitt, Aengus Ó Snodaigh and John Perry in the chair.

Senators: Paddy Burke, Ivor Callely (substituting for Senator Terry Leyden for part of the meeting),
Terry Leyden, Paschal Mooney and Alex White.

Apologies: Deputy Lucinda Creighton.

The Committee agreed to go into private session.

[PUBLIC SESSION]

2. SCRUTINY OF COM(2010)368 AND COM(2010)371
The Committee took oral evidence from representatives of the Central Bank, Investor Compensation
Company Limited and the Irish Banking Federation on COM(2010)368 - Proposal for a Directive
…/…/EU of the European Parliament and of the Council on Deposit Guarantee Schemes [recast],
and COM(2010)371 - Proposal for a Directive of the European Parliament and of the Council
amending Directive 97/9/EC of the European Parliament and of the Council on investor-
compensation schemes.

Senator Paschal Mooney took the Chair at 12.32 p.m.
Deputy John Perry took the Chair at 12.36 p.m.

Debate ensued and concluded. It was agreed that a draft report will be prepared on the proposal.

3. SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 33 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

The Committee agreed to go into private session.

4. ADJOURNMENT
The meeting was adjourned at 1.37 p.m. until Thursday, 18th November at 9.30 a.m.



________________
Mr. Tom Sheahan, T.D.
Chairman
18 November 2010
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                     Meeting of 4 November 2010

                                             Decision List

Proposals in this decision list are placed in the following Categories:

1.         For no further scrutiny
2.         For no further scrutiny - send to sectoral Committee for information
3.         Early Warning Notes
4.         For Further scrutiny
5.         Refer to sectoral committee for detailed scrutiny

1.     For no further scrutiny

     1.1    13553-10
            Draft Council Decision on the launch of automated data exchange concerning
            DNA data in Slovakia.

            Lead department          Department of Justice and Law Reform


            Based on the information available, it was agreed that this proposal does
            not warrant further scrutiny.

     1.2    14180-10
            Draft Council Decision on the launch of automated data exchange concerning
            dactyloscopic data by Slovakia.

            Lead department          Department of Justice and Law Reform


            Given the information provided by the Department, and the specificity of
            the measure to one member state, it was agreed that it does not require
            further scrutiny by the Committee.


     1.3    COM(2010)137
            Proposal for a Council decision concluding the Free Trade Agreement
            between the European Union and its Member States and the Republic of
            Korea.

            Lead department          Department of Enterprise, Trade and Innovation

            Based on the information provided by the Department, it was agreed that
            this trade proposal does not warrant further scrutiny by this Committee.
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




1.4   COM(2010)326
      Proposal for a Council Decision concluding an Agreement between the
      European Union and the Kingdom of Morocco establishing a Dispute
      Settlement Mechanism.

      Lead department          Department of Enterprise, Trade and Employment

      In light of the information provided, it was agreed that the measure does
      not require further scrutiny by the Committee.

1.5   COM(2010)416
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/015
      DK/Danfoss Group from Denmark).

      Lead department          Department of Education and Skills

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

1.6   COM(2010)417
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/031
      DK/Linak from Denmark).

      Lead department          Department of Education and Skills

                                               AND
1.7   COM(2010)437
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2010/003
      ES/Galicia Textiles from Spain).

      Lead department          Department of Education and Skills

                                               AND
1.8   COM(2010)451
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2010/001
      DK/Nordjylland from Denmark).

      Lead department          Department of Education and Skills

                                               AND
1.9   COM(2010)452
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/023
      PT/Qimonda from Portugal).

      Lead department          Department of Education and Skills

                                              AND
1.10 COM(2010)530
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (application EGF/2009/026
     NL/Noord Holland and Utrecht Division 18 from the Netherlands)

      Lead department          Department of Education and Skills

      In light of the information provided by the Department, and the technical
      nature of the proposals, it was agreed that they do not require further
      scrutiny by the Committee.

1.11 COM(2010)453
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management      (application EGF/2010/002
     ES/Cataluña automoción).

      Lead department          Department of Education and Skills

                                            AND
1.12 COM(2010)518
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (application EGF/2009/028
     NL/Limburg Division 18 from the Netherlands)
                                          Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     Lead department           Department of Education and Skills

                                              AND
1.13 COM(2010)528
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (application EGF/2009/029
     NL/Gelderland and Overijssel Division 18 from the Netherlands)

     Lead department           Department of Education and Skills

                                              AND
1.14 COM(2010)529
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (application EGF/2009/027
     NL/Noord Brabant and Zuid Holland Division 18 from the Netherlands)

     Lead department           Department of Education and Skills

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

1.15 COM(2010)467
     Proposal for a Council Decision on the signature of the Agreement in the form
     of the Exchange of Letters between the European Union and the Kingdom of
     Norway concerning additional trade preferences in agricultural products
     reached on the basis of Article 19 of the Agreement on the European
     Economic Area

     Lead department           Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.16 COM(2010)485
     Proposal for a Council Decision on the conclusion of an Agreement in the
     form of an Exchange of Letters between the European Union and the Kingdom
     of Morocco concerning reciprocal liberalisation measures on agricultural
     products, processed agricultural products, fish and fishery products, the
     replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the
     Euro-Mediterranean Agreement establishing an association between the
     European Communities and their Member States, of the one part, and the
     Kingdom of Morocco, of the other part
                                          Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     Lead department           Department of Agriculture, Fisheries and Food

     In view of the information provided by the Department, and the technical
     nature of this trade proposal, it was agreed that it does not require
     further scrutiny by the Committee.

1.17 COM(2010)489
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006   between
     the European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management      (application EGF/2009/021
     IE/SR Technics from Ireland)

     Lead department           Department of Education and Skills

     In light of the information provided by the Department, and the technical
     nature of the proposal, it was agreed that it does not require further
     scrutiny by the Committee.


1.18 COM(2010)490
     Proposal for a Directive of the European Parliament and of the Council
     amending Council Directive 2001/112/EC relating to fruit juices and certain
     similar products intended for human consumption

     Lead department           Department of Agriculture, Fisheries and Food

     In light of the information provided by the Department, and the technical
     nature of the proposal, it was agreed that the measure does not require
     further scrutiny by the Committee.


1.19 COM(2010)510
     Proposal for a Directive of the European Parliament and of the Council on
     rear-mounted roll-over protection structures of narrow-track wheeled
     agricultural and forestry tractors

     Lead department           Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.


1.20 COM(2010)541
     Proposal for a Council Implementing Regulation mposing a definitive anti-
     dumping duty and collecting definitively the provisional duty imposed on
     imports of certain aluminium road wheels originating in the People's Republic
     of China
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Lead department            Department of Enterprise, Trade and Innovation

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.

2.     For no further scrutiny - send to sectoral Committee for information

     2.1   COM(2010)344
           Proposal for a Regulation of the Parliament and of the Council establishing
           transitional arrangements for bilateral investment agreements between
           Member States and third countries.

           Lead department            Department of Enterprise, Trade and Employment

           Based on the information available, it was agreed that proposal does not
           warrant further scrutiny. However, the ongoing development of the EU’s
           foreign direct investment policy as part of its common commercial policy
           should be monitored as it could offer significant advantages and
           opportunities for Ireland. It was also agreed to forward this proposal,
           together with the related Commission Communication, to the Joint
           Committee on Enterprise, Trade and Innovation for information and for
           this Committee to monitor the tabling of any legislative proposals by the
           Commission which may result from the follow-up to its Communication.


     2.2   COM(2010)486
           Amended proposal for a Regulation of the European Parliament and of the
           Council amending Council Regulations (EC) No 1290/2005 and (EC) No
           1234/2007, as regards distribution of food products to the most deprived
           persons in the Union.

           Lead department            Department of Agriculture, Fisheries and Food

           Based on the information available, it was agreed that this proposal does
           not breach the principle of subsidiarity and does not warrant further
           scrutiny by this Committee. However, given that the proposal is of some
           significance and may have an impact on the Irish exchequer, it was also
           agreed to forward the proposal to the Joint Committee on Agriculture,
           Fisheries and Food for information.


3.     Early Warning Notes

     3.1   EWN(2010)C203-02
           Notice of initiation of an expiry review of the anti-dumping measures
           applicable to imports of certain castings originating in the People‘s Republic
           of China

           Lead department            Department of Enterprise, Trade and Innovation
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny.


     3.2   EWN(2010)L211-01
           Commission Regulation (EU) No 720/2010 of 11 August 2010 initiating an
           investigation concerning the possible circumvention of anti-dumping measures
           imposed by Council Regulation (EC) No 599/2009 on imports of biodiesel
           originating in the United States of America by imports of biodiesel consigned
           from Canada and Singapore, whether declared as originating in Canada and
           Singapore or not and by imports of biodiesel in a blend containing by weight
           20% or less of biodiesel originating in the United States of America, and
           making these imports subject to registration

           Lead department          Department of Enterprise, Trade and Innovation

           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny at this stage.

     3.3   EWN(2010)L219-01
           Commission Regulation (EU) No 748/2010 of 19 August 2010 initiating an
           investigation concerning the possible circumvention of anti-dumping measures
           imposed by Council Regulation (EC) No 1425/2006 on imports of certain
           plastic sacks and bags originating in the People‘s Republic of China by
           imports of certain plastic sacks and bags channelled via a Chinese company
           subject to a lower duty rate and making such imports subject to registration

           Lead department          Department of Enterprise, Trade and Innovation

           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny at this stage.



4.     For Further scrutiny

     4.1   COM(2010)522
           Proposal for a Council Regulation (EU) No …/…amending Regulation (EC)
           No 1467/97 on speeding up and clarifying the implementation of the excessive
           deficit procedure

           Lead department          Department of Finance

                                                  AND
     4.2   COM(2010)523
           Proposal for a Council Directive on requirements for budgetary frameworks of
           the Member States

           Lead department          Department of Finance
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                             AND
4.3   COM(2010)524
      Proposal for a Regulation of the European Parliament and of the Council on
      the effective enforcement of budgetary surveillance in the euro area

      Lead department           Department of Finance

                                             AND
4.4   COM(2010)525
      Proposal for a Regulation of the European Parliament and of the Council on
      enforcement measures to correct excessive macroeconomic imbalances in the
      euro area

      Lead department           Department of Finance

                                             AND
4.5   COM(2010)526
      Proposal for a Regulation of the European Parliament and of the Council
      amending Regulation (EC) No 1466/97 on the strengthening of the
      surveillance of budgetary positions and the surveillance and coordination of
      economic policies

      Lead department           Department of Finance

                                             AND
4.6   COM(2010)527
      Proposal for a Regulation of the European Parliament and of the Council on
      the prevention and correction of macroeconomic imbalances

      Lead department           Department of Finance

      Given the significant nature of these proposals in terms of economic
      governance it was agreed that they should be scrutinised in detail by the
      Committee. To assist in its consideration, it was also agreed that the
      Minister for Finance be invited to make an oral presentation to the
      Committee and take questions.

4.7   EWN(2010)243-40
      Commission Regulation (EC) No 812 /2010 of 15 September 2010 imposing a
      provisional anti-dumping duty on imports of certain continuous glass fibre
      products originating in the People‘s Republic of China

      Lead department           Department of Enterprise, Trade and Innovation

      In light of the fact that Ireland opposed the imposition of provisional anti-
      dumping duties on the import of glass fibre from China due to the
      negative impact duties would have on raw material costs for users of the
      product, it was agreed that this early warning note warrants further
      scrutiny. To this end, it was also agreed to seek further clarification from
      the Department on the specific reasons for Ireland’s opposition to the
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           imposition of provisional duties and information on what efforts the
           Department is making to have the difficulties reported by Irish users
           reflected in the Commission’s investigation on whether to impose these
           duties on a definitive basis.




5.     Refer to sectoral committee for detailed scrutiny

     5.1   COM(2010)517
           Proposal for a Directive of the European Parliament and of the Council on
           attacks against information systems and repealing Council Framework
           Decision 2005/222/JHA

           Lead department           Department of Justice and Law Reform

           Given the significance of this proposal for combating the real threat of
           cybercrime and that Oireachtas approval is required if the Government
           decides to opt into this proposed Directive, it was agreed that this
           proposal requires further scrutiny. To this end, it is proposed to forward
           this proposal to the Joint Committee on Justice, Defence and Women’s
           Rights for consideration.
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                      JOINT COMMITTEE ON EUROPEAN SCRUTINY

                      MINUTES OF MEETING OF 18 NOVEMBER 2010

1.     OPENING OF MEETING
The Joint Committee met at 9.41 a.m. in Committee Room 4, LH 2000, a quorum being present. The
following members were present:—

Deputies: Joe Carey (substituting for Deputy Lucinda Creighton) Timmy Dooley, Brendan Howlin,
Michael Kitt, Aengus Ó Snodaigh and Tom Sheahan in the chair.

Senators: Paddy Burke, Gerry Buttimer (substituting for Senator Eugene Regan), Ivor Callely
(substituting for Senator Terry Leyden for part of the meeting), Terry Leyden, Paschal Mooney and
Alex White.

Apologies: Deputy Lucinda Creighton.

[PUBLIC SESSION]

2.    ELECTION OF CHAIRMAN
The Clerk invited nominations for the position of Chairman of the committee. Senator Paddy Burke
moved ―That Deputy Tom Sheahan be the Chairman of the committee‖.
The question was put and agreed to unanimously.

[PRIVATE SESSION]

3.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee considered 16 new EU legislative proposals. The decisions of the Committee are
contained in a Decision List at Appendix 1.

4. NEXT MEETING
The Committee agreed that the next meeting would be held on Tuesday, 23 November at 11.30 a.m.

5. ADJOURNMENT
The meeting was adjourned at 10.31 a.m. until Tuesday, 23rd November at 11.30 a.m.



________________
Mr. Tom Sheahan, T.D.
Chairman
2 December 2010
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                    Meeting of 18 November 2010

                                             Decision List

Proposals in this decision list are placed in the following Categories:
1. Adopted Measures
2. For no further Scrutiny
3. CFSP measures
4. Early Warning Notes

1.     Adopted Measures

     1.1   COM(2010)536
           Proposal for a Council Regulation imposing a definitive anti-dumping duty
           and collecting definitively the provisional duty imposed on imports of
           sodium gluconate originating in the People‘s Republic of China

           Lead department           Department of Enterprise, Trade and Innovation



           Based on the information available, it was agreed that this adopted
           measure does not warrant further scrutiny.


     1.2   SEC(2010)1199
           EN             EN   AMENDING LETTER N° 2          TO THE
           DRAFT GENERAL BUDGET 2011    STATEMENT OF REVENUE AND
           EXPENDITURE BY SECTION   Section III - Commission

           Lead department           Department of Finance



           It was agreed to note this adopted measure.



2.     For no further scrutiny

     2.1   COM(2010)507
           Proposal for a Directive of the European Parliament and of the Council on the
           approximation of the laws of the Member States relating to units of
           measurement

           Lead department           Department of Enterprise, Trade and Innovation
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




        In light of the technical nature of this codification measure, it was agreed
        that it does not require further scrutiny by the Committee.

  2.2   COM(2010)533
        Draft Amending Budget No 8 to the General Budget 2010 Statement of
        Expenditure by Section Section III - Commission

        Lead department           Department of Finance

AND
  2.3   COM(2010)534
        Proposal for a Decision of the European Parliament ond of the Council on the
        mobilisation of the EU Solidarity Fund

        Lead department           Department of Finance



        In light of the information provided, and the material benefit to Ireland, it
        was agreed that both measures do not require further scrutiny by the
        Committee.

  2.4   COM(2010)540
        Proposal for a Council Implementing Decision amending Decision
        2007/441/EC authorising the Italian Republic to apply measures derogating
        from Articles 26(1)(a) and 168 of Council Directive 2006/112/EC on the
        common system of value added tax.

        Lead department           Department of Finance



        Based on the information available, it was agreed that this proposal does
        not warrant further scrutiny.


  2.5   COM(2010)545
        Proposal for a Council Regulation fixing for 2011 and 2012 the fishing
        opportunities for EU vessels for certain deep-sea fish stocks

        Lead department           Department of Agriculture, Fisheries and Food



        Based on the information available, it was agreed that this proposal does
        not warrant further scrutiny.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




  2.6   COM(2010)577
        DRAFT AMENDING BUDGET N° 9 TO THE GENERAL BUDGET 2010
        STATEMENT OF EXPENDITURE BY SECTION    Section III -
        Commission

        Lead department           Department of Finance

AND
  2.7   COM(2010)578
        Proposal for a Decision of the European Parliament and of the Council on the
        mobilisation of the EU Solidarity Fund

        Lead department           Department of Finance



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


  2.8   COM(2010)592
        Proposal for a Council Regulation terminating the partial interim review of the
        anti-dumping and countervailing measures      applicable to imports of
        polyethylene terephthalate (PET) film originating in India

        Lead department           Department of Enterprise, Trade and Innovation



        Based on the information available, it was agreed that this proposal does
        not warrant further scrutiny.

  2.9   COM(2010)594
        Proposal for a Council Regulation imposing a definitive anti-dumping duty on
        imports of certain polyethylene    terephthalate originating in the People's
        Republic of China following an expiry review      pursuant to Article 11(2) of
        Regulation (EC) No 1225/2009

        Lead department           Department of Enterprise, Trade and Innovation



        Based on the information available, it was agreed that this measure does
        not warrant further scrutiny.
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.     CFSP Measures

     3.1   CFSPCoted'Ivoire
           CFSP Cote d'Ivoire

           Lead department           Department of Foreign Affairs



           It was agreed to note this adopted measure.


     3.2   CFSP(2010)639
           Council Decision 2010/639/CFSP concerning restrictive measures against
           certain officials of Belarus

           Lead department           Department of Foreign Affairs



           It was agreed to note this adopted measure.



4.     Early Warning Notes

     4.1   EWN(2010)253-42
           : Commission Regulation (EU) No 850/2010 of 27 September 2010 initiating a
           ‗new exporter‘ review of Council Regulation (EC) No 1659/2005 imposing a
           definitive anti-dumping duty on imports of certain magnesia bricks originating
           in the People‘s Republic of China, repealing the duty with regard to imports
           from one exporter in this country and making these imports subject to
           registration

           Lead department           Department of Enterprise, Trade and Innovation



           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny at this stage.

           Is that agreed? Agreed.

     4.2   EWN: 2010/C 188/05
           Notice of initiation of an expiry review of the anti-dumping measures
           applicable to imports bicycles originating in the People‘s Republic of China
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




      Lead department            Department of Enterprise, Trade and Innovation



      Based on the information available, it was agreed that this early warning
      note does not warrant further scrutiny at this stage.

4.3   EWN: 2010/C 196/08
      Notice of initiation of an expiry review of the anti-dumping measures
      applicable to imports of hand pallet trucks and their essential parts originating
      in the People‘s Republic of China

      Lead department            Department of Enterprise, Trade and Innovation



      Based on the information available, it was agreed that this early warning
      note does not warrant further scrutiny at this stage.
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 23 NOVEMBER 2010

1.     OPENING OF MEETING
The Joint Committee met at 11.44 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Timmy Dooley, Charlie Flanagan (for part of the meeting), Michael Kitt, Aengus Ó
Snodaigh and Tom Sheahan in the chair.

Senators: Paddy Burke, Terry Leyden, and Alex White.

Apologies: Deputies Lucinda Creighton, Brendan Howlin and Senator Paschal Mooney.

The Committee agreed to go into private session.

[PRIVATE SESSION]

2.      SCRUTINY OF COM(2010)368 AND COM(2010)371
The Committee took oral evidence from representatives of the Department of Finance on
COM(2010)368 - Proposal for a Directive …/…/EU of the European Parliament and of the Council
on Deposit Guarantee Schemes [recast], and COM(2010)371 - Proposal for a Directive of the
European Parliament and of the Council amending Directive 97/9/EC of the European Parliament
and of the Council on investor-compensation schemes.

Debate ensued and concluded. It was agreed that a draft report will be prepared on the proposal.


3.     NEXT MEETING
The Committee agreed that the next meeting would be held on Thursday 2nd December at 11.30 a.m.


4.    ADJOURNMENT
The meeting was adjourned at 1.12 p.m. until Thursday, 2nd December at 11.30 a.m.



________________
Mr. Tom Sheahan, T.D.
Chairman
2 December 2010
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                       JOINT COMMITTEE ON EUROPEAN SCRUTINY

                       MINUTES OF MEETING OF 2 DECEMBER 2010

1.     OPENING OF MEETING
The Joint Committee met at 11.41 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Deputy Lucinda Creighton, Timmy Dooley, Michael Kitt and Tom Sheahan (in the chair).

Senators: Paddy Burke, Terry Leyden, Paschal Mooney and Eugene Regan.

[PUBLIC SESSION]

2.    ELECTION OF VICE-CHAIRMAN
The Chairman invited nominations for the position of Vice-Chairman of the committee. Senator
Paddy Burke moved ―That Deputy Michael Kitt be the Vice-Chairman of the committee‖.

The question was put and agreed to unanimously.

[PUBLIC SESSION]

3. SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee began consideration 34 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix

4. SUSPENSION OF MEETING
It was agreed that the meeting be suspended at 12.15 pm to allow Members participate in a Dáil
Division. The meeting resumed at 12.46 pm.

The Vice-Chairman, Deputy Kitt took the Chair for the remainder of the meeting

5. SCRUTINY OF EU LEGISLATIVE PROPOSALS (CONTINUED)
The Committee concluded consideration of 34 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix 1.

6. COM(2008)614 - PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL ON CONSUMER RIGHTS

The Committee took oral evidence from representatives from the Consumers‘ Association of Ireland
on COM(2008)614 - Proposal for a Directive of the European Parliament and of the Council on
Consumer Rights.

Debate ensued and concluded. It was agreed to seek legal advice on whether the draft proposal was
in breach of subsidiarity. It was also agreed to invite the Department of Enterprise, Trade and
Innovation to attend a meeting of the Committee to discuss the proposal.
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




7. Adjournment
The meeting was adjourned at 1.19 p.m. until Thursday, 16 December at 11.30 a.m.



________________
Mr. Tom Sheahan, T.D.
Chairman
16 December 2010
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                            Joint Committee on European Scrutiny

                                     Meeting of 2 December 2010

                                             Decision List

Proposals in this decision list are placed in the following Categories:
1.    For no further scrutiny
2.    For no further scrutiny - send to sectoral Committee for information
3.    CFSP Measures
4.    Early Warning Notes

1.     For no further scrutiny

     1.1   COM(2010)446
           Proposal for a Decision of the European Parliament and of the Council on the
           mobilisation of the European Globalisation Adjustment Fund in accordance
           with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
           European Parliament, the Council and the Commission on budgetary
           discipline and sound financial management (application EGF/2010/011
           NL/NXP Semiconductors from the Netherlands).

           Lead department           Department of Education and Skills

                                                 AND
     1.2   COM(2010)531
           Proposal for a Decision of the European Parliament and of the Council on the
           mobilisation of the European Globalisation Adjustment Fund in accordance
           with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
           European Parliament, the Council and the Commission on budgetary
           discipline and sound financial management (application EGF/2009/030
           NL/Drenthe Division 18 from the Netherlands)

           Lead department           Department of Education and Skills


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

     1.3   COM(2010)508
           Proposal for a Directive of the European Parliament and of the Council on the
           permissible sound level and the exhaust system of motor vehicles

           Lead department           Department of Transport


           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




1.4   COM(2010)532
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2009/024
      NL/Noord Holland and Zuid Holland Division 58 from the Netherlands)

      Lead department          Department of Education and Skills

                                            AND
1.5   COM(2010)568
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2010/018
      DE/Heidelberger Druckmaschinen from Germany)

      Lead department          Department of Education and Skills

                                            AND
1.6   COM(2010)613
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2010/009
      ES/Comunidad Valenciana Textiles from Spain)

      Lead department          Department of Education and Skills

                                            AND
1.7   COM(2010)615
      Proposal for a Decision of the European Parliament and of the Council on the
      mobilisation of the European Globalisation Adjustment Fund in accordance
      with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
      European Parliament, the Council and the Commission on budgetary
      discipline and sound financial management (application EGF/2010/016
      ES/Aragón Retail trade from Spain)

      Lead department          Department of Education and Skills

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

1.8   COM(2010)542
      Proposal for a European Parliament and Council Regulation (EU) No .../2010
      of the European Parliament and of the Council on the approval and market
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      surveillance of two- or three-wheel vehicles and quadricycles

      Lead department           Department of Transport

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

1.9   COM(2010)544
      Proposal for a Regulation (EU) No of the European Parliament and of the
      Council repealing Council Regulation (EC) No 1541/98 on proof of origin for
      certain textile products falling within Section XI of the Combined
      Nomenclature and released for free circulation in the Community, and on the
      conditions for the acceptance of such proof and amending Council Regulation
      (EEC) No 3030/93 on common rules for imports of certain textile products
      from third countries

      Lead department           Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this proposal does
      not warrant further scrutiny.

1.10 COM(2010)552
     Proposal for a Regulation of the European Parliament and of the Council
     introducing emergency autonomous trade preferences for Pakistan

      Lead department           Department of Enterprise, Trade and Innovation

      In light of the information provided by the Department, and the urgent
      need to provide practical assistance to Pakistan, it was agreed that this
      measure does not require further scrutiny by the Committee.


1.11 COM(2010)556
     Council Decision on the financial contributions to be paid by the Member
     States to finance the European Development Fund in 2011 and 2012, including
     the first instalment for 2011.

      Lead department           Department of Foreign Affairs

      Based on the information available, it was agreed to note this adopted
      measure.


1.12 COM(2010)563
     Proposal for a Council Regulation concerning the allocation of the fishing
     opportunities under the Fisheries Partnership Agreement between the
     European Community and the Union of the Comoros

      Lead department           Department of Agriculture, Fisheries and Food
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     In light of the information provided by the Department, it was agreed that
     this measure does not require further scrutiny by the Committee.

1.13 COM(2010)565
     Proposal for a Council Decision on the conclusion of a new Protocol setting
     out the fishing opportunities and financial contribution provided for in the
     Fisheries Partnership Agreement between the European Community and the
     Union of the Comoros

      Lead department            Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.14 COM(2010)572
     Proposal for a Council Decision on the conclusion of the Protocol to the
     Fisheries Partnership Agreement between the European Community and
     Federated States of Micronesia

      Lead department            Department of Agriculture, Fisheries and Food

                                             AND
1.15 COM(2010)574
     Proposal for a Council Decision on the signing and the provisional application
     of the Protocol to the Fisheries Partnership Agreement between the European
     Community and Federated States of Micronesia

      Lead department            Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.16 COM(2010)610
     Proposal for a Directive of the European Parliament and of the Council on
     roll-over protection structures mounted in front of the driver's seat on narrow-
     track wheeled agricultural and forestry tractors

      Lead department            Department of Agriculture, Fisheries and Food

     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.17 COM(2010)637
     Proposal for a Council Regulation (EU) No XX/2010 of XX December 2010
     imposing a definitive anti-dumping duty and collecting definitively the
     provisional duty imposed on imports of high tenacity yarn of polyesters
     originating in the People‘s Republic of China and terminating the proceeding
     concerning imports of high tenacity yarn of polyesters originating in the
     Republic of Korea and Taiwan
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           Lead department           Department of Enterprise, Trade and Innovation

          Based on the information available, it was agreed that this trade measure
          does not warrant further scrutiny.
     1.18 COM(2010)664
          Proposal for a Council Decision on the conclusion of a Protocol to the
          Partnership and Cooperation Agreement between the European Communities
          and their Member States, of the one part, and the Republic of Uzbekistan, of
          the other part, extending the provisions of the Partnership and Cooperation
          Agreement to bilateral trade in textiles

           Lead department           Department of Enterprise, Trade and Innovation

           Based on the information available, it was agreed that this proposal does
           not warrant further scrutiny.

     1.19 COM(2010)669
          Proposal for a Council Regulation imposing a definitive countervailing duty
          on imports of certain graphite electrodes originating in India following an
          expiry review pursuant to Article 18 of Council Regulation (EC) No 597/2009

           Lead department           Department of Enterprise, Trade and Innovation

           In light of the information provided by the Department, it was agreed that
           this technical trade proposal does not require further scrutiny by the
           Committee.

     1.20 COM(2010)671
          Proposal for a Council Regulation imposing a definitive anti-dumping duty on
          imports of certain graphite electrodes originating in India following an expiry
          review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

           Lead department           Department of Enterprise, Trade and Innovation

           In light of the information provided by the Department, it was agreed that
           this technical trade proposal does not require further scrutiny by the
           Committee.


2.     For no further scrutiny - send to sectoral Committee for information

     2.1   COM(2010)583
           Proposal for a Council Decision on submitting 4-methylmethcathinone
           (mephedrone) to control measures

           Lead department           Department of Health and Children

           Given that there are no implications for Ireland due to the fact that
           Ireland is already subjecting this substance to controlling measures, it was
           agreed that this proposal does not warrant further scrutiny. However,
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           given the serious concern which surrounded the issue of “legal Highs” and
           “Head Shops” and that this proposed measure may help avoid problems
           in cross-border law enforcement and judicial cooperation when it comes
           to controlling this substance on an EU wide basis, it was also agreed to
           forward this proposal to the Joint Committee on Health and Children and
           the Joint Committee on Justice, Law Reform and Women’s Rights for
           information.


3.     CFSP Measures

     3.1   CFSP(2010)EU SALW
           Draft COUNCIL DECISION adopting the EU SALW Strategy to combat the
           illicit accumulation and trafficking of SALW and their ammunition.

           Lead department           Department of Foreign Affairs

           Based on the information available, it was agreed that this CFSP measure
           does not warrant further scrutiny.

     3.2   CFSP(2010)Operation Atalanta
           Council Decision amending Joint Action 2008/851/CFSP on a European
           Union military operation to contribute to the deterrence, prevention and
           repression of acts of piracy and armed robbery off the Somali coast.

           Lead department           Department of Foreign Affairs

           Based on the information available, it was agreed that this proposed
           CFSP measure does not warrant further scrutiny.

     3.3   CFSP(2010)Sierra Leone
           Draft Council Decision repealing Common Position 98/409/CFSP concerning
           Sierra Leone.

           Lead department           Department of Foreign Affairs

           It was agreed to note this adopted CFSP measure.


4.     Early Warning Notes

     4.1   EWN C 290-07
           Notice of initiation of a partial interim review of the anti-dumping measures
           applicable to imports of ferro-silicon originating, inter alia, in Russia

           Lead department           Department of Enterprise, Trade and Innovation

           Based on the information available, it was agreed that this early warning
           note does not warrant further scrutiny at this stage.
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4.2   EWN L 298-10
      Commission Regulation (EC) No 1035 /2010 of 15 November 2010 imposing
      a provisional anti-dumping duty on imports of melamine originating in the
      People‘s Republic of China

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this notification
      does not warrant further scrutiny at this stage.

4.3   EWN L 298-27
      Commission Regulation (EC) No 1036 /2010 of 15 November 2010 imposing
      a provisional anti-dumping duty on imports of zeolite A powder originating in
      Bosnia and Herzegovina

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this early warning
      note does not warrant further scrutiny at this stage.


4.4   EWN L 299-7
      Commission Regulation (EC) No 1042 /2010 of 16 November 2010 imposing
      a provisional anti-dumping duty on imports of coated fine paper originating in
      the People‘s Republic of China

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this notification
      does not warrant further scrutiny at this stage.

4.5   EWN(2010) C 270-05
      Notice of initiation of an expiry review of the anti-dumping measures
      applicable to imports of trichloroisocyanuric acid originating in the People‘s
      Republic of China

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this notification
      does not warrant further scrutiny at this stage.

4.6   EWN(2010) C 272-06
      Notice of initiation of an expiry review of the anti-dumping measures
      applicable to imports of certain magnesia bricks originating in the People‘s
      Republic of China

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this notification
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      does not warrant further scrutiny at this stage.

4.7   EWN(2010) C 294-05
      Notice of initiation of a partial interim review of the anti-dumping measures
      applicable to imports of polyethylene terephthalate (PET) film originating in
      India

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this early warning
      note does not warrant further scrutiny at this stage.

4.8   EWN(2010) C 299-04
      Notice of initiation of a partial interim review of the anti-dumping measures
      applicable to imports of coumarin originating in the People‘s Republic of
      China

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this early warning
      note does not warrant further scrutiny at this stage.

4.9   EWN(2010) C 309-06
      Notice of initiation of an expiry review of the anti-dumping measures
      applicable to imports of steel ropes and cables originating in the People‘s
      Republic of China, South Africa and Ukraine

      Lead department            Department of Enterprise, Trade and Innovation

      Based on the information available, it was agreed that this notification
      does not warrant further scrutiny at this stage.

4.10 EWN(2010) L 211-06
     Commission Regulation (EU) No 721/2010 of 11 August 2010 initiating an
     investigation concerning the possible circumvention of m countervailing
     measures imposed by Council Regulation (EC) No 598/2009 on imports of
     biodiesel originating in the United States of America by imports of biodiesel
     consigned from Canada and Singapore, whether declared as originating in
     Canada and Singapore or not and by imports of biodiesel in a blend containing
     by weight 20% or less of biodiesel originating in the United States of America,
     and making these imports subject to registration

      Lead department            Department of Enterprise, Trade and Innovation

      Given that there are no reported difficulties for Ireland, it was agreed
      that this trade matter does not warrant further scrutiny.
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                        JOINT COMMITTEE ON EUROPEAN SCRUTINY

                      MINUTES OF MEETING OF 16 DECEMBER 2010
1.     OPENING OF MEETING
The Joint Committee met at 11.35 a.m. in Committee Room 4, LH 2000, a quorum being present.
The following members were present:—

Deputies: Deputy Michael Creed, Michael Kitt and Tom Sheahan (in the chair).

Senators: Paddy Burke, Terry Leyden, Paschal Mooney and Alex White.

[PUBLIC SESSION]

Senator Terry Leyden took the Chair for the part of the meeting to allow the Chairman, Mr. Tom
Sheahan T.D. to participate in a Dáil Vote

2.     SCRUTINY OF EU LEGISLATIVE PROPOSALS
The Committee concluded consideration of 43 new EU legislative proposals. The decisions of the
Committee are contained in a Decision List at Appendix 1.

3.     DISCUSSION WITH DEPARTMENT OF FINANCE TO CONSIDER THE PROPOSALS TO
STRENGTHEN THE STABILITY AND GROWTH PACT
The Committee took oral evidence from representatives of the Department of Finance on the
proposals to strengthen the Stability and Growth Pact - COM(2010)522, COM(2010)523,
COM(2010)524, COM(2010)525, COM(2010)526 and COM(2010)527.

The following Department of Finance Officials were in attendance: Mr. Michael McGrath, Assistant
Secretary, Mr. Ronnie Downes, Ms. Brenda McGovern, and Mr. Joe Kirwan.

Debate ensued and concluded.

4.    ADJOURNMENT
The meeting was adjourned at 1.18 p.m. until Thursday, 13 January at 11.30 a.m.

_____________
Mr. Tom Sheahan, T.D.
Chairman
13 January 2011
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Appendix 1

                           Joint Committee on European Scrutiny

                                   Meeting of 16 December 2010

                                            Decision List

Proposals in this decision list are placed in the following Categories:


1.     For no further scrutiny

     1.1   COM(2010)15
           Proposal for a Council Regulation amending Decision 2008/839/JHA on
           migration from the Schengen Information System (SIS 1+) to the second
           generation Schengen Information System (SIS II) - Redrafted compromise
           version.

           Lead department          Department of Justice and Law Reform



           In light of the information provided by the Department, and the
           Committee's previous decision that the pre-Lisbon proposal did not
           require further scrutiny, it was agreed again that the measure does not
           require further scrutiny by the Committee.

     1.2   COM(2010)220
           Proposal for a Council Decision on the conclusion of the Agreement between
           the European Community and its Member States, of the one part, and the
           Republic of South Africa, of the other part, amending the Agreement on
           Trade, Development and Cooperation.

           Lead department          Department of Foreign Affairs



           Based on the information available, it was agreed that this proposal does
           not warrant scrutiny.


     1.3   COM(2010)316
           Proposal for a Council Decision on the conclusion of the Agreement between
           the European Union and the United States of America on the processing and
           transfer of Financial Messaging Data from the European Union to the United
           States for purposes of the Terrorist Finance Tracking Program.

           Lead department          Department of Justice, Equality and Law Reform
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                                            AND
1.4   COM(2010)317
      Proposal for a Council Decision on the signature of the Agreement between
      the European Union and the United States of America on the processing and
      transfer of Financial Messaging Data from the European Union to the United
      States for purposes of the Terrorist Finance Tracking Program.

      Lead department           Department of Justice, Equality and Law Reform



      Based on the information available, it was agreed to note these adopted
      justice measures.


1.5   COM(2010)328
      Proposal for a Council Decision authorising the signature of an Agreement
      between the European Union and the Kingdom of Morocco establishing a
      Dispute Settlement Mechanism

      Lead department           Department of Enterprise, Trade and Employment

                                            AND
1.6   COM(2010)483
      Proposal for a Council Decision on the signature of the Agreement in the form
      of an Exchange of Letters between the European Union and the Kingdom of
      Morocco concerning reciprocal liberalisation measures on agricultural
      products, processed agricultural products, fish and fishery products, the
      replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the
      Euro-Mediterranean Agreement establishing an association between the
      European Communities and their Member States, of the one part, and the
      Kingdom of Morocco, of the other part.

      Lead department           Department of Agriculture, Fisheries and Food


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

1.7   COM(2010)466
      Proposal for a Council Decision on the conclusion of the Agreement in the
      form of the Exchange of Letters between the European Union and the
      Kingdom of Norway concerning additional trade preferences in agricultural
      products reached on the basis of Article 19 of the Agreement on the European
      Economic Area

      Lead department           Department of Agriculture, Fisheries and Food
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      Based on the available information, it was agree that this proposal does
      not warrant further scrutiny.

1.8   COM(2010)470
      Proposal for a Council Regulation fixing for 2011 the fishing opportunities for
      certain fish stocks and groups of fish stocks applicable in the Baltic Sea

      Lead department           Department of Agriculture, Fisheries and Food


      Based on the available information, it was agreed that this proposal does
      not warrant further scrutiny.


1.9   COM(2010)473
      Proposal for a Regulation of the European Parliament and of the Council on
      the marketing and use of explosives precursor

      Lead department           Department of Justice and Law Reform


      In light of the information provided by the Department, it was agreed that
      the measure does not require further scrutiny by the Committee.

1.10 COM(2010)498
     Proposal for a Regulation (EU) No .../ of the European Parliament and of the
     Council laying down specific measures for agriculture in the outermost
     regions of the Union

      Lead department           Department of Agriculture, Fisheries and Food


      Based on the available information, it was agreed that this proposal does
      not warrant further scrutiny.

1.11 COM(2010)505
     Proposal for a Regulation of the European Parliament and of the Council on
     statistical returns in respect of the carriage of goods by road

      Lead department           Central Statistics Office



      In light of the information provided by the Department, it was agreed that
      the measure does not require further scrutiny by the Committee.

1.12 COM(2010)509
     Proposal for a Regulation of the European Parliament and of the Council
     amending Regulation (EC) No 428/2009 setting up a Community regime for
     the control of exports, transfer, brokering and transit of dual use items
                                            Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     Lead department            Department of Enterprise, Trade and Innovation



     Based on the available information, it was agreed that this proposal does
     not warrant further scrutiny.

1.13 COM(2010)537
     EN                    EN Proposal for a Regulation of the European
     Parliament and of the Council amending Council Regulation (EC) No
     1698/2005 on support for rural development by the European Agricultural
     Fund for Rural Development (EAFRD)

     Lead department            Department of Agriculture, Fisheries and Food



     In light of the information provided by the Department, it was agreed that
     the measure does not

1.14 COM(2010)551
     Council Decision on the financial contributions to be paid by the Member
     States to finance the European Development Fund (3rd instalment 2010)

     Lead department            Department of Foreign Affairs



     In light of the information provided by the Department, it was agreed that
     this adopted measure does not require further scrutiny by the Committee.


1.15 COM(2010)564
     Proposal for a Council Decision on the signing and on the provisional
     application of the Protocol setting out the fishing opportunities and financial
     contribution provided for in the Fisheries Partnership Agreement between the
     European Community and the Union of the Comoros

     Lead department            Department of Agriculture, Fisheries and Food



     Based on the available information, it was agreed that this proposal does
     not warrant further scrutiny.

1.16 COM(2010)575
     Proposal for a Council Regulation concerning the allocation of fishing
     opportunities under the Protocol to the Fisheries Partnership Agreement
     between the European Community and Federated States of Micronesia
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     Lead department           Department of Agriculture, Fisheries and Food



     Based on the available information, it was agreed that this proposal does
     not warrant further scrutiny.


1.17 COM(2010)590
     Proposal for a COUNCIL DECISION on the signature of the Agreement on
     certain aspects of air services between the European Union and the Republic
     of Cape Verde.

     Lead department           Department of Transport

                                           AND
1.18 COM(2010)591
     Proposal for a Council Decision on the conclusion of the Agreement on certain
     aspects of air services between the European Union and the Republic of Cape
     Verde

     Lead department           Department of Transport



     In light of the information provided, it was agreed that both measures do
     not require further scrutiny by the Committee.


1.19 COM(2010)606
     Proposal for a Council Decision on the conclusion of the Agreement on the
     Protection and Sustainable Development of the Prespa Park Area

     Lead department           Department of Environment, Heritage and Local
                               Government



     Based on the available information, it was agreed that this proposal does
     not warrant further scrutiny.


1.20 COM(2010)607
     Proposal for a Directive of the European Parliament and of the Council
     amending Directive 2000/25/EC as regards the provisions for tractors placed
     on the market under the flexibility scheme

     Lead department           Department of Agriculture, Fisheries and Food
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     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.21 COM(2010)611
     Proposal for a Regulation (EU) [.../...] of the European Parliament and of the
     Council amending Regulation (EC) No 1406/2002 establishing a European
     Maritime Safety Agency

     Lead department            Department of Transport



     In light of the information provided by the Department, it was agreed that
     this measure does not require further scrutiny by the Committee.

1.22 COM(2010)616
     Proposal for a Decision of the European Parliament and of the Council in the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (application EGF/2010/004
     PL/Wielkopolskie Automotive from Poland)

     Lead department            Department of Education and Skills

                                             AND
1.23 COM(2010)617
     Proposal for a Decision of the European Parliament and of the Council on the
     mobilisation of the European Globalisation Adjustment Fund in accordance
     with point 28 of the Interinstitutional Agreement of 17 May 2006 between the
     European Parliament, the Council and the Commission on budgetary
     discipline and sound financial management (application EGF/2010/005
     ES/Comunidad Valenciana Natural Stone from Spain)

     Lead department            Department of Education and Skills



     In light of the information provided by the Department, and the technical
     nature of the proposals, it was agreed that they do not require further
     scrutiny by the Committee.

1.24 COM(2010)619
     Proposal for a Council Decision on the position to be adopted by the European
     Union within the ACP-EU Council of Ministers concerning the status of
     Equatorial Guinea in relation to the revised ACP-EC Partnership Agreement

     Lead department            Department of Foreign Affairs
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     Based on the available information, it was agreed that this proposal does
     not warrant further scrutiny.

1.25 COM(2010)635
     Proposal for a Regulation of the European Parliament and of the Council on
     establishing a system for the identification and registration of ovine and
     caprine animals

     Lead department            Department of Agriculture, Fisheries and Food



     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.26 COM(2010)644
     Proposal for a Council Decision on the signature of the Agreement between
     the European Union and the Swiss Confederation on the protection of
     designations of origin and geographical indications for agricultural products
     and foodstuffs, amending the Agreement between the European Community
     and the Swiss Confederation on trade in agricultural products

     Lead department            Department of Agriculture, Fisheries and Food

                                            AND
1.27 COM(2010)645
     Proposal for a Council Decision on the conclusion of the Agreement between
     the European Union, the Swiss Confederation and the Principality of
     Liechtenstein amending the Additional Agreement between the European
     Community, the Swiss Confederation and the Principality of Liechtenstein
     extending to the Principality of Liechtenstein the Agreement between the
     European Community and the Swiss Confederation on trade in agricultural
     products

     Lead department            Department of Agriculture, Fisheries and Food

                                             AND
1.28 COM(2010)646
     Proposal for a Council Decision on the signature of the Agreement between
     the European Union, the Swiss Confederation and the Principality of
     Liechtenstein amending the Additional Agreement between the European
     Community, the Swiss Confederation and the Principality of Liechtenstein
     extending to the Principality of Liechtenstein the Agreement between the
     European Community and the Swiss Confederation on trade in agricultural
     products

     Lead department            Department of Agriculture, Fisheries and Food
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                                           AND
1.29 COM(2010)648
     Proposal for a Council Decision on the conclusion of the Agreement between
     the European Union and the Swiss Confederation on the protection of
     designations of origin and geographical indications for agricultural products
     and foodstuffs, amending the Agreement between the European Community
     and the Swiss Confederation on trade in agricultural products

     Lead department            Department of Agriculture, Fisheries and Food



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

1.30 COM(2010)647
     Proposal for a Council Decision on the European Union position on the
     adaptation of Annex 3 to the Agreement between the European Community
     and the Swiss Confederation on trade in agricultural products

     Lead department            Department of Agriculture, Fisheries and Food



     Based on the information available, it was agreed that this proposal does
     not warrant further scrutiny.

1.31 COM(2010)649
     Proposal for a Regulation of the European Parliament and of the Council
     amending Council Regulation (EC) No 55/2008 introducing autonomous trade
     preferences for the Republic of Moldova

     Lead department            Department of Enterprise, Trade and Innovation



     In light of the information provided by the Department, it was agreed that
     this minor trade matter does not require further scrutiny by the
     Committee.

1.32 COM(2010)666
     Proposal for a Council Directive amending Directive 2000/75/EC as regards
     vaccination against bluetongue

     Lead department            Department of Agriculture, Fisheries and Food



     In light of the information provided by the Department, it was agreed that
                                                Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           the measure does not require further scrutiny by the Committee.

     1.33 COM(2010)684
          Proposal for a Council Implementing Regulation terminating the anti-dumping
          proceeding on imports of glyphosate originating in the People‘s Republic of
          China

           Lead department          Department of Enterprise, Trade and Innovation



           Based on the available information, it was agreed that this proposal does
           not warrant further scrutiny.

     1.34 SEC(2010)1064
          EN                    EN AMENDING LETTER N° 1TO THE DRAFT
          GENERAL BUDGET 2011 STATEMENT OF REVENUE AND
          EXPENDITURE BY SECTION Section II –European Council and Council
          Section III - Commission Section X – European External Action Service

           Lead department          Department of Finance


           In light of the information provided, it was agreed that the proposal does
           not require further scrutiny by the Committee.


2.     For no further scrutiny - send to sectoral Committee for information

     2.1   COM(2010)482
           Proposal for a Regulation of the European Parliament and of the Council on
           Short Selling and certain aspects of Credit Default Swaps.

           Lead department          Department of Finance



           In light of the information provided, and the importance of the proposal
           to harmonise EU requirements in this area, it was agreed to send this
           proposal to the Joint Committee on Finance for its information and
           possible consideration.

     2.2   COM(2010)484
           Proposal for a Regulation of the European Parliament and of the Council on
           OTC derivatives, central counterparties and trade repositories

           Lead department          Department of Finance


           In light of the information provided, and the importance of the proposal
                                                   Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           to harmonise EU requirements in this area, it was agreed to send this
           proposal to the Joint Committee on Finance for its information and
           possible consideration.


3.     CFSP Measures

     3.1   CFSP(2010)639101108Belarus
           Council Decision 2010/639/CFSP concerning restrictive measures against
           certain officials of Belarus

           Lead department            Department of Foreign Affairs


           It was agreed to note this adopted CFSP measure.



4.     Early Warning Notes

     4.1   EWN(2010)-C315-7
           Notice of initiation of an expiry review of the anti-dumping measures
           applicable to imports of certain stainless steel fasteners and parts thereof
           originating in the People‘s Republic of China

           Lead department            Department of Enterprise, Trade and Innovation


           Based on the information available, it was agreed that this notification
           does not warrant further scrutiny at this stage.

     4.2   EWN(2010)-L282-29
           Commission Regulation (EU) No 966/2010 of 27 October 2010 initiating an
           investigation concerning the possible circumvention of anti-dumping measures
           imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or
           steel fasteners originating in the People‘s Republic of China by imports of
           certain iron or steel fasteners consigned from Malaysia, whether declared as
           originating in Malaysia or not, and making such imports subject to registration

           Lead department            Department of Enterprise, Trade and Innovation


           Based on the information available, it was agreed that this notification
           does not warrant further scrutiny at this stage.

     4.3   EWN(2010)C323-24
           Notice of initiation of a partial interim review of the anti-dumping measures
           applicable to imports of potassium chloride originating in Belarus and Russia

           Lead department            Department of Enterprise, Trade and Innovation
                                                 Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




           Based on the information note, it was agreed that this early warning note
           does not warrant further scrutiny.

     4.4   EWN(2010)C324-21
           Notice of initiation of a partial interim review of the anti-dumping measures
           applicable to imports of certain castings originating in the People‘s Republic
           of China

           Lead department            Department of Enterprise, Trade and Innovation



           Based on the information available, it was agreed that this notification
           does not warrant further scrutiny at this stage.



5.     For Further scrutiny

     5.1   CFSP(2010)101210Serbia
           Council Decision on the signing and conclusion of the Agreement between the
           European Union and the Republic of Serbia establishing a framework for the
           participation of the Republic of Serbia in European Union crisis management
           operations.

           Lead department            Department of Foreign Affairs



           Given the concerns about Serbia's continued cooperation with the
           International Criminal Tribunal for the former Yugoslavia (ICTY), it was
           agreed that this measure warrants further scrutiny. To that end, it was
           agreed to seek further clarification from the Department of Foreign
           Affairs on the criteria applied in deciding whether a third country can
           participate in EU crisis management operations and whether any
           concerns have been raised within the Council in relation to Serbia's
           participation in EU crisis management operations given the concerns
           about its cooperation with the ICTY.


6.     Refer to sectoral committee for detailed scrutiny

     6.1   COM(2010)488
           Proposal for a Regulation of the European Parliament and of the Council
           amending Council Regulation (EC) No 1288/2009 establishing transitional
           technical measures from 1 January 2010 to 30 June 2011.
                                   Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Lead department         Department of Agriculture, Fisheries and Food



Given the importance of this proposed Regulation, which proposes to
continue, without change, the technical technical measures for the
conservation and management of marine resources, as established in
Council Regulation (EC) No 1288/2009, it was agreed that this proposal
warrants further scrutiny. To this end, it was also agreed that the
proposal is referred to the Joint Committee on Agriculture, Fisheries and
Food for detailed scrutiny.
                                          Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                      Appendix 4

                                Reports by the Committee
1. Scrutiny Reports

      No. 30:– COM(2009) 362 final - Proposal for a Directive of the European Parliament and of
       the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements
       for the trading book and for re-securitisations, and the supervisory review of remuneration
       policies; 23 February 2010

      No. 31:– EPA Code of Practice on Wastewater Disposal Systems serving Single Houses;
       7 July 2010

      No. 32:– Police and Judicial Co-operation and the Fight Against Cross-Border Crime;
       3 December 2010

      No. 33:– COMs (2010) 368 and 371– Amending Directives for the Deposit Guarantee and
       Investor Protection Schemes; 23 December 2010

2. Special Reports

      Fifth Report:– Special Report on New EU Legislation 1 July to 31 December 2009;
       15 June 2010

      Sixth Report:– Special Report on New EU Legislation 1 January to 30 June 2010;
       19 November 2010

3. Meeting Reports

      Report on Documents considered at 53rd Meeting on 12th January 2010; 28th January 2010
      Report on Documents considered at 54th Meeting on 28th January 2010; 9th February 2010
      Report on Documents considered at 55th Meeting on 9th February 2010; 23rd February 2010
      Report on Documents considered at 56th Meeting on 23rd February 2010; 9th March 2010
      Report on Documents considered at 58th Meeting on 9th March 2010; 23rd March 2010
      Report on Documents considered at 59th Meeting on 23 March 2010; 22nd April 2010
      Report on Documents considered at 60th Meeting on 20 April 2010; 13th May 2010
      Report on Documents considered at 61st Meeting on 11 May 2010; 25th May 2010
      Report on Documents considered at 62nd Meeting on 25 May 2010; 15th June 2010
      Report on Documents considered at 63rd Meeting on 15 June 2010; 30th June 2010
      Report on Documents considered at 64th Meeting on 29 June 2010; 14th June 2010
      Report on Documents considered at 66th Meeting on 13 July 2010; 15th October 2010
      Report on Documents considered at 67th Meeting on 21 September 2010; 15th October 2010
      Report on Documents considered at 68th Meeting on 12 October 2010; 22nd October 2010
      Report on Documents considered at 69th Meeting on 19 October 2010; 3rd November 2010
      Report on Documents considered at 70th Meeting on 4 November 2010; 22nd November 2010
      Report on Documents considered at 71st Meeting on 18 November 2010; 3rd December 2010
      Report on Documents considered at 72nd Meeting on 23 November 2010; 3rd December 2010
      Report on Documents considered at 73rd Meeting on 2 December 2010; 20 January 2011
      Report on Documents considered at 74th Meeting on 16 December 2010; 20 January 2011
                                         Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




4. Other Reports
    Seventh Annual Report on the Operation of the European Union (Scrutiny) Act 2002;
      13 May 2010
    Joint Committee on European Affairs/Joint Committee on European Scrutiny -
      Review of the Role of the Oireachtas in European Affairs; 7 July 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                           Appendix 5

              Groups and Individuals attending Joint Committee meetings

In 2010 the Joint Committee met the following organisations, groups and individuals:

1.       Government Ministers
         Nil

2.       Government Departments
        Department of the Environment, Heritage and Local Government
        Department of Finance
        Department of Justice

3.       Other

        European Commission Representation in Ireland.
        John Hamilton – Permanent Representative of the Houses of the Oireachtas to the European
         Parliament
        Central Bank
        Environmental Protection Agency
        Leitrim County Council
        Bio Tech
        Irish Banking Federation
        Consumers‘ Association of Ireland
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                           Appendix 6

                       Orders of Reference of the Joint Sub-Committee


The Joint Committee on European Affairs and the Joint Committee on European Scrutiny agreed:
(1)       That a Joint sub-Committee of the Joint Committees on European Affairs and European
          Scrutiny which shall be called the Joint sub-Committee on the review of the role of the
          Oireachtas in European Affairs, be established to consider:

          -     Modules 1 to 6 of the Terms of Reference for the Review by the Joint Committees on
                European Affairs and European Scrutiny of the Interim Arrangements in the Houses of
                the Oireachtas implementing the new powers of National Parliaments under the Lisbon
                Treaty and the future Role of the Oireachtas in EU Affairs;
          and shall report thereon to the Joint Committee on European Affairs and the Joint Committee
          on European Scrutiny by 27 May 2010.
(2)       The Sub-Committee shall have the powers defined in Standing Order 83(1), (2) and (4) to (8)
          inclusive.
(3)       The Membership of the Joint sub-Committee shall be Deputies Joe Costello, Lucinda
          Creighton, Timmy Dooley, Michael Kitt, Mary O‘Rourke and John Perry, and Senators
          Paschal Donohoe, John Hanafin, Terry Leyden and Alex White.
(4)       The quorum of the Sub-Committee shall be 4.



Review by the Joint Committees on European Affairs and European Scrutiny of the Interim
Arrangements in the Houses of the Oireachtas implementing the new powers of National
Parliaments under the Lisbon Treaty and the future Role of the Oireachtas in EU Affairs

The Lisbon Treaty changes the relationship between the EU and the national parliaments of the
Member States and for the first time, the Treaties formally recognise that national parliaments have a
key role to play in the good functioning of the EU. This will have an effect on how the Houses of
the Oireachtas conduct their business in relation to EU matters and will also impact on the
cooperation between the Houses of the Oireachtas and the national parliaments of the 26 other EU
Member States.

In addition, and beyond the implementation of the Lisbon Treaty provisions, the Joint Committees
recognise that the role of the Houses of the Oireachtas in EU affairs needs to be improved; a matter
considered by the Sub-Committee on Ireland‘s Future in the European Union (SCIFE).

The 10 December Resolutions require both Joint Committees to review the operation of the interim
arrangements of the Resolutions and to jointly report thereon, and on such related matters as the
Committees think fit, to Dáil Éireann/Seanad Éireann within six months. On the basis of the
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




Committees report, the Committee on Procedure and Privileges of each House shall recommend to
the Dáil/Seanad such amendments to the Standing Orders of Dáil Éireann/Seanad Éireann and the
Orders of Reference of Committees as may be required.

Terms of Reference for Review

MODULE 1: Review of the Interim Arrangements in the Houses of the Oireachtas
implementing the powers conferred by the European Union Act 2009
   1.1 Role of the Oireachtas in monitoring Subsidiarity in accordance with the Protocol on the
       application of the principles of subsidiarity and proportionality.
   1.2 Role of the Oireachtas with regard to the ―Red Card‖ procedure applicable to the use of the
       General passerelle and the Specific passerelle
   1.3 Other roles of the Oireachtas conferred by the Lisbon Treaty not contemplated by the
       European Union Act 2009
   1.4 Transmission of Documents


MODULE 2: Recommendations made by the Sub-Committee on Ireland’s Future in the
European Union
   2.1 Scrutiny reserve mechanism
   2.2 Consultation in advance of publication of the Annual Policy Strategy (APS) and
       Commission Legislative Work Programme (CLWP)
   2.3 Structured arrangements for Pre Council meetings with Committees across all sectors
   2.4 Other recommendations made by the Sub-Committee on Ireland‘s future in the European
       Union, (SCIFE)


MODULE 3: Interparliamentary Co-operation
  3.1 Enhancement of inter-parliamentary cooperation to ensure that it is capable of rapid reaction
      and is properly resourced


MODULE 4 : Optimisation of the consideration of EU Affairs by the Houses of the Oireachtas
  4.1 Role of Oireachtas Stakeholders
   4.2 Mainstreaming


MODULE 5: Transposition of EU Law and Regulatory Impact Assessment
  5.1 Oireachtas oversight of the Transposition of EU Law
   5.2 Regulatory Impact Assessments


MODULE 6 : Resources and Training
An administrative review of implications for resources and training to be produced by the Houses of
the Oireachtas Service for Committee consideration
    6.1 Resources and Training supports required in light of new demands
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




   6.2 EU Information office


THE REVIEW PROCESS

The review will draw on the Lisbon Treaty provisions, the recommendations of the Sub-Committee
on Ireland‘s future in the EU and discussions at the level of COSAC and the EU Speakers‘
Conference and will be undertaken in consultation with key stakeholders, including the Government,
Party Whips, Leader of the Seanad, Party Leaders and the Irish MEPs.

The Joint Committees may also seek position papers from each of the Oireachtas political parties
based on the terms of reference above. The Ceann Comhairle and the Cathaoirleach will also be
consulted in respect of any issues arising from the EU Speakers Conference.

It is envisaged that in order to conduct the review in as efficient a manner as possible, the Joint
Committees on European Affairs and European Scrutiny will each nominate 5 members (3 Members
of Dáil Éireann and 2 members of Seanad Eireann) to form a Joint Sub-Committee to conduct the
review. The Joint Sub-Committee will consider and report on each module to both Joint
Committees.

The Joint Sub-Committee will consider the position papers received and hold discussions with
Oireachtas stakeholders. The Joint Sub-Committee may consider holding a series of public
meetings, possibly 4 days over two weeks, after which the Sub-Committee will finalise its report.

The Joint Sub-Committee should finalise its work by 27 May 2010 in order that the matter may be
concluded by both Joint Committees within the six-month deadline of 10 June 2010.
                                  Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                Appendix 7

                   Membership of the Joint Sub-Committee


Deputies:
            Joe Costello           (LAB)
            Lucinda Creighton      (FG)
            (Chairperson)
            Timmy Dooley           (FF)
            Michael Kitt           (FF)
            Mary O‘Rourke          (FF)
            John Perry             (FG)



Senators    Paschal Donohoe        (FG)
            John Hanafin           (FF)
            Terry Leyden           (FF)
            Alex White             (LAB)
                                               Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




                                          Appendix 8

                    Minutes of proceedings of the Joint Sub-Committee

   JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                           EUROPEAN AFFAIRS

                        MINUTES OF MEETING OF 24 MARCH 2010
1. OPENING OF MEETING
The Joint Committee met at 2.06 p.m. in Committee Room 3, LH 2000, a quorum being present. The
following members were present:—

Deputies: Joe Costello, Lucinda Creighton, Michael Kitt and John Perry.

Senators: Paschal Donohoe, John Hanafin and Terry Leyden.

[PUBLIC SESSION]

2.     ELECTION OF CHAIRPERSON
The Clerk invited nominations for the position of Chairperson of the committee. Deputy John Perry
moved ―That Deputy Lucinda Creighton be the Chairperson of the committee‖. Deputy Kitt
seconded the proposal.

The question was put by the Clerk and agreed to unanimously.

Deputy Creighton took the Chair accordingly.

The Committee agreed to go into private session at 2.10 p.m.

[PRIVATE SESSION]

3.    ADJOURNMENT
The meeting was adjourned at 2.19 p.m. until Wednesday, 31 March 2010.



________________
Ms. Lucinda Creighton, T.D.
Chairperson
31 March 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




   JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                           EUROPEAN AFFAIRS

                         MINUTES OF MEETING OF 31 MARCH 2010

1.    OPENING OF MEETING
The Joint Committee met at 5.25 p.m. in Committee Room 3, LH 2000, a quorum being present. The
following members were present:—

Deputies: Lucinda Creighton (in the Chair), Michael Kitt and John Perry.

Senators: Paschal Donohoe, John Hanafin, Terry Leyden and Alex White.

The Committee agreed to start the meeting in private session at 5.25 p.m.

[PRIVATE SESSION]


2.    ADJOURNMENT
The meeting was adjourned at 6.14 p.m. until Wednesday, 13 April, 2010.



________________
Ms. Lucinda Creighton, T.D.
Chairperson
14 April 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




   JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                           EUROPEAN AFFAIRS

                          MINUTES OF MEETING OF 14 APRIL 2010

1. OPENING OF MEETING

The Joint Committee met at 2.07 p.m. in Committee Room 1, LH 2000, a quorum being present. The
following members were present:—

Deputies: Lucinda Creighton (in the Chair), Timmy Dooley, John Perry and Joe Costello

Senators: Paschal Donohoe and Diarmuid Wilson.

Apologies: Deputy Mary O‘Rourke and Senators John Hanafin, Terry Leyden and Alex White.


The Committee agreed to start the meeting in private session.


[PRIVATE SESSION]


2. ADJOURNMENT

The meeting was adjourned at 2.24 p.m. until Wednesday, 28 April, 2010.



________________
Ms. Lucinda Creighton, T.D.
Chairperson
28 April 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




   JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                           EUROPEAN AFFAIRS

                          MINUTES OF MEETING OF 28 APRIL 2010

1. OPENING OF MEETING

The Joint sub-Committee met at 5.13 p.m. in Committee Room 3, LH 2000, a quorum being present.
The following members were present:—

Deputies: Lucinda Creighton (in the Chair), Joe Costello, Michael P. Kitt and John Perry.

Senators: John Hanafin and Alex White.

Apologies: Deputy Mary O‘Rourke and Senators Terry Leyden.

The Joint sub-Committee agreed to start the meeting in private session.

[PRIVATE SESSION]

The Sub-Committee agreed at 5.15 p.m. to commence Public Session.

PUBLIC SESSION

2. PRESENTATIONS BY MR. MICHAEL MCDOWELL AND MR. ANTHONY M. COLLINS

The Chairperson welcomed Mr. Michael McDowell and Mr. Anthony M. Collins to the meeting of
the Joint sub-Committee. The Chairperson also drew attention to the fact that members of the Sub-
Committee have privilege but that this privilege does not extend to witnesses appearing before it.

The Chairperson invited Mr. McDowell to make a presentation to the Joint sub-Committee.

Following Mr. McDowell‘s presentation the Chairperson invited Mr. Collins to make a presentation
to the Joint sub-Committee.

Following the presentations, debate ensued and concluded.

The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]

3. ADJOURNMENT

The meeting was adjourned at 6.35 p.m. until Wednesday, 5 May, 2010.


________________
Ms. Lucinda Creighton, T.D.
Chairperson
5 May 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                             EUROPEAN AFFAIRS

                           MINUTES OF MEETING OF 5 MAY 2010

1.    OPENING OF MEETING

The Joint sub-Committee met at 10.19 a.m. in Committee Room 3, LH 2000, a quorum being
present. The following members were present:—

Deputies: Lucinda Creighton (in the Chair), Timmy Dooley, Michael P. Kitt and John Perry.

Senators: John Hanafin, Alex White Mark Dearey (in substitution for Senator Terry Leyden), and
Fidelma Healy Eames (in substitution for Senator Paschal Donohoe),

Apologies: Deputy Joe Costello, Mary O‘Rourke and Senators Terry Leyden and Paschal Donohoe.

The Joint sub-Committee agreed to start the meeting in private session.

[PRIVATE SESSION]

The Joint sub-Committee agreed at 10.22 a.m. to commence Public Session.

PUBLIC SESSION

2.  PRESENTATIONS BY MR. GAVIN BARRETT, UNIVERSITY COLLEGE DUBLIN, MR. PAT COX,
PRESIDENT OF THE EUROPEAN MOVEMENT INTERNATIONAL AND MR. BRENDAN HALLIGAN,
CHAIRMAN OF THE INSTITUTE OF INTERNATIONAL AND EUROPEAN AFFAIRS.

The Chairperson welcomed Mr. Gavin Barrett, University College Dublin, Mr. Pat Cox, President of
the European Movement International and Mr. Brendan Halligan, Chairman of the Institute of
International and European Affairs to the meeting of the Joint sub-Committee. The Chairperson also
drew attention to the fact that members of the Joint sub-Committee have privilege but that this
privilege does not extend to witnesses appearing before it.

The Chairperson invited Mr. Barrett to make a presentation to the Joint sub-Committee.

Following Mr. Barrett‘s presentation the Chairperson invited Mr. Cox to make a presentation to the
Joint sub-Committee.

Following Mr. Cox‘s presentation the Chairperson invited Mr. Halligan to make a presentation to the
Joint sub-Committee.

Following the presentations, debate ensued and concluded.

The Joint sub-Committee agreed to go into private session for the remainder of the meeting.

[PRIVATE SESSION]
                                           Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




3.   ADJOURNMENT

The meeting was adjourned at 12.12 p.m. until Wednesday, 12 May, 2010



________________
Ms. Lucinda Creighton, T.D.
Chairperson
12 May 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                             EUROPEAN AFFAIRS

                           MINUTES OF MEETING OF 12 MAY 2010

1.     OPENING OF MEETING

The Joint sub-Committee met at 9.36 a.m. in Committee Room 3, LH 2000, a quorum being present.
The following members were present:—

Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley, Michael P. Kitt, Mary
O‘Rourke and John Perry.

Senators: Alex White and Terry Leyden.

Apologies: Deputy Joe Costello, Mary O‘Rourke and Senators Terry Leyden and Paschal Donohoe.

The Joint sub-Committee agreed to start the meeting in private session.

[PRIVATE SESSION]

The Joint sub-Committee agreed at 9.38 a.m. to commence Public Session.

PUBLIC SESSION

2.     PRESENTATIONS BY MR. ALAN DUKES AND MR. JOHN BRUTON

The Chairperson welcomed Mr. Alan Dukes and Mr. John Bruton to the meeting of the Joint sub-
Committee.

The Chairperson invited Mr. Dukes to make a presentation to the Joint sub-Committee.

Following Mr. Duke‘s presentation the Chairperson invited Mr. Bruton to make a presentation to the
Joint sub-Committee.

Following the presentations, debate ensued and concluded.

The Joint sub-Committee agreed to go into private session for the remainder of the meeting.

[PRIVATE SESSION]

3.     ADJOURNMENT

The meeting was adjourned at 11.13 a.m. until Wednesday, 19 May, 2010.

________________
Ms. Lucinda Creighton, T.D.
Chairperson
12 May 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                             EUROPEAN AFFAIRS

                          MINUTES OF MEETING OF 19 MAY 2010

1.     OPENING OF MEETING

The Joint sub-Committee met at 10.49 a.m. in Committee Room 3, LH 2000, a quorum being
present. The following members were present:—

Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley, Michael P. Kitt and John
Perry.

Senators: Alex White, Paschal Donohoe and Terry Leyden.

PUBLIC SESSION

2.     PRESENTATION BY MR. MICHEÁL MARTIN, TD, MINISTER FOR FOREIGN AFFAIRS. The
Chairperson welcomed Mr. Alan Dukes and Mr. John Bruton to the meeting of the Joint sub-
Committee.

The Chairperson invited Minister Martin to make a presentation to the Joint sub-Committee.

Following the presentation, debate ensued and concluded.

The Joint sub-Committee agreed to go into private session for the remainder of the meeting.

[PRIVATE SESSION]

3.     ADJOURNMENT

The meeting was adjourned at 12.15 p.m. until Wednesday, 26 May, 2010.



________________
Ms. Lucinda Creighton, T.D.
Chairperson
26 May 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                             EUROPEAN AFFAIRS

                          MINUTES OF MEETING OF 26 MAY 2010

1.     OPENING OF MEETING

The Joint sub-Committee met in Public Session at 10.08 a.m. in Committee Room 3, LH 2000, a
quorum being present. The following members were present:—

Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley, Michael P. Kitt, Mary
O‘Rourke, and John Perry.

Senators: Alex White and Terry Leyden.

Apologies were received from Senator Paschal Donohoe.

2.     PRESENTATION BY IRISH MEPS

The Chairperson welcomed Ms. Mairead McGuinness, MEP, Ms. Nessa Childers MEP and Mr. Sean
Kelly MEP to the meeting of the Joint sub-Committee.

Apologies were received from Mr. Brian Crowley MEP, Mr. Gay Mitchell MEP, Mr. Jim Higgins
MEP, Mr. Pat the Cope Gallagher MEP, Mr. Liam Aylward MEP, Mr. Proinsias De Rossa MEP and
Ms. Marian Harkin MEP.

The Chairperson invited Mr. Sean Kelly MEP to make a presentation to the Joint sub-Committee.
Following Mr. Kelly‘s presentation the Chairperson invited Ms. McGuinness to make a presentation
to the Joint sub-Committee.
Following Ms. McGuinness‘s presentation the Chairperson invited Ms. Childers to make a
presentation to the Joint sub-Committee.

Following the presentation, debate ensued.

The Joint sub-Committee agreed to go into PRIVATE SESSION at 10.42 a.m.
The Joint sub-Committee resumed in PUBLIC SESSION at 10.45 a.m.

Debate resumed and concluded.
The Joint sub-Committee agreed to go into private session for the remainder of the meeting.
[PRIVATE SESSION]

3.     ADJOURNMENT

The meeting was adjourned at 11.35 a.m. until Tuesday, 8th June.

_________________________
Ms. Lucinda Creighton, T.D.
Chairperson
16 June 2010
                                             Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                             EUROPEAN AFFAIRS

                          MINUTES OF MEETING OF 16 JUNE 2010

1.     OPENING OF MEETING

The Joint sub-Committee met in Public Session at 9.57 a.m. in Committee Room 3, LH 2000, a
quorum being present. The following members were present:—

Deputies: Timmy Dooley (in the Chair), Joe Costello, Michael P. Kitt.

Senators: Mark Dearey (in substitution for Senator John Hanafin), Alex White and Terry Leyden.

Apologies were received from Deputy Lucinda Creighton.


The Joint sub-Committee agreed to go into Private Session at 9.57 a.m. for the remainder of the
meeting.

[PRIVATE SESSION]


2.     ADJOURNMENT

The meeting was adjourned at 11.21 a.m. until Wednesday, 23rd June.



_________________________
Ms. Lucinda Creighton, T.D.
Chairperson
23 June 2010
                                              Eighth Annual Report on the operation of the European Union Scrutiny Act 2002




     JOINT SUB-COMMITTEE ON THE REVIEW OF THE ROLE OF THE OIREACHTAS IN
                             EUROPEAN AFFAIRS


                          MINUTES OF MEETING OF 23 JUNE 2010

1.     OPENING OF MEETING

The Joint sub-Committee met in Public Session at 9.36 a.m. in Committee Room 3, LH 2000, a
quorum being present. The following members were present:—

Deputies: Lucinda Creighton (in the Chair), Joe Costello, Timmy Dooley and Mary O‘Rourke.

Senators: Paschal Donohoe and Alex White.

Apologies were received from Deputies John Perry and Michael Kitt and Senator Terry Leyden.


The Joint sub-Committee agreed to go into Private Session at 9.37 a.m. for the remainder of the
meeting.

[PRIVATE SESSION]

2.     ADJOURNMENT

The meeting was adjourned at 10.56 a.m. until Thursday, 1st July.




_________________________
Ms. Lucinda Creighton, T.D.
Chairperson
1 July 2010
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                                          Appendix 9

         Groups and Individuals attending Joint Sub-Committee meetings

In 2010 the Joint Sub-Committee met with the following organisations, groups and individuals:

      Mr. Michael McDowell, Senior Council
      Mr. Anthony M. Collins, Law Library
      Mr. Brendan Halligan, Chairman, The Institute of International and European Affairs
      Mr. Pat Cox, President of the European Movement International
      Dr. Gavin Barrett, UCD School of Law
      Mr. John Bruton, member of the IIEA, former European Union Ambassador to the United
       States and former Taoiseach
      Mr. Alan Dukes, former Director General of the IIEA and former politician
      Mr. Micheál Martin, TD, Minister for Foreign Affairs
      Mr. Peter Gunning, Assistant Secretary, Mr. Charles Sheehan and Mr. Stephen Ryan,
       Department of Foreign Affairs
      Mr. Sean Kelly MEP, Ms. Mairead McGuinness MEP, Ms. Nessa Childers MEP, Mr. Alan
       Kelly MEP and Mr. Joe Higgins MEP
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                                                    Appendix 10

                    Proposals sent to sectoral Committees for detailed scrutiny

1.         Joint Committee on Agriculture, Fisheries & Food

     COM(2010)023
     Proposal for a Council Regulation amending Regulation (EU) No 23/2010 as regards the fishing opportunities for
     certain fish stocks and following the conclusion of the bilateral fisheries arrangements for 2010 with Norway and
     the Faroe Islands.

     COM(2010)306
     Proposal for a Council Regulation amending Regulation (EU) No. 53/2010 as regards certain fishing
     opportunities for cod, redfish and bluefin tuna and excluding certain groups of vessels from the fishing effort
     regime laid down in Chapter III of Regulation (EC) No 1342/2008

     COM(2010)488
     Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No
     1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011.

     2.      Joint Committee on Communications, Energy and Natural Resources

     COM(2010)283
     Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No
     663/2009 establishing a programme to aid economic recovery by granting Community financial assistance to
     projects in the field of energy.

     3.      Joint Committee on Justice, Equality, Defence and Women‘s Rights

     COM(2010)392
     Proposal for a directive of the European Parliament and of the Council on the right to information in criminal
     proceedings.


     COM(2010)517
     Proposal for a Directive of the European Parliament and of the Council on attacks against information systems
     and repealing Council Framework Decision 2005/222/JHA


     COM(2010)378*
     Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of
     third-country nationals in the framework of an intra-corporate transfer.
            AND
     COM(2010)379**
     Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence
     of third-country nationals for the purposes of seasonal employment.
     * & **These two proposals were also sent to the Joint Committee on Enterprise, Trade and Innovation for
     information.
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17513/09 COPEN 247 + COR 1 [Title V Justice Measure]
Initiative for a Directive of the European Parliament and of the Council on the European Protection Order.


5275/10 [Title V Justice Measure]
Council Decision on the conclusion of the Agreement between the European Union and the United States of
America on the processing and transfer of Financial Messaging Data from the European Union to the United
States for purposes of the Terrorist Finance Tracking Program.
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                            Appendix 11

             European Commission Work Programme 2011



                                       EUROPEAN COMMISSION




                                    Brussels, 27.10.2010 COM(2010)
                                    623 final


                                VOL. I




COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE
   COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE
                     COMMITTEE OF THE REGIONS

                    Commission Work Programme 2011
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                                          TABLE OF CONTENTS
 1. Introduction.................................................................................................................. 3
 2. Restoring growth for jobs: Accelerating towards 2020 ............................................... 4
2.1. Strengthening economic governance and initiating the European Semester ............... 4
2.2. Financial regulation: completing the reform................................................................ 4
2.3. Smart growth................................................................................................................ 5
2.4. Sustainable growth....................................................................................................... 5
2.5. Inclusive growth...........................................................................................................6
2.6. Tapping the potential of the Single Market for growth................................................ 6
 3. Pursuing the citizens' agenda: freedom, security and justice....................................... 7
 4. Europe in the World: Pulling our weight on the global stage...................................... 8
4.1. A comprehensive trade policy...................................................................................... 8
4.2. EU enlargement, neighbourhood,development policies and humanitarian aid............ 8
 5. From input to impact: making the most of EU policies............................................... 9
5.1. A modern budget for Europe's future........................................................................... 9
5.2. Promoting smart regulation........................................................................................ 10
5.3. On-going work ........................................................................................................... 10
 6. Conclusion.................................................................................................................. 11
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1. INTRODUCTION

This Commission presents its 2011 Work Programme at a particularly challenging time for the EU. There
are clear signs of economic recovery after the worst crisis of recent decades – but that recovery is not yet
firmly established. For this reason, the new initiatives that the Commission will propose and initiate in
2011 have a strong focus on accelerating recovery. 2011 should be the year when the Europe 2020
strategy is embedded as the backbone of efforts at EU and national level to deliver smart, sustainable and
inclusive growth. It should see full agreement on the comprehensive new regulatory framework for the
financial sector, the launch of the first European semester of economic policy co-ordination and a series
of practical measures to leverage change. By the middle of 2011 the Commission will set out how to gear
the EU budget to the delivery of Europe 2020, in its proposals for the next Multi-annual Financial
Framework of the EU. This Work Programme is built on the five main political priorities for the EU set
out by President Barroso in the first State of the Union Address, delivered before the European
                               1
Parliament in September 2010 :

            Dealing with the economic crisis and building the momentum of the recovery
            Restoring growth for jobs by accelerating the Europe 2020 reform agenda
            Building an area of freedom, justice and security
            Launching negotiations for a modern EU budget
            Pulling the EU's weight on the global stage

This Work Programme is the first to be adopted under the new programming cycle initiated by the
Political Guidelines of the Commission President and set out in the Framework Agreement between the
European Parliament and the Commission. The Work Programme can also help to inspire a new
approach to programming common EU priorities, as set out in the Treaty of Lisbon.

The Commission Work Programme by nature focuses on actions to be delivered in 2011. However,
within the new multiannual perspective of the programming cycle, the annual Commission Work
Programmes also provide a framework for assessing ongoing policies, and pointing to areas where policy
initiatives need to be developed to realise the long-term policy strategies needed to deliver the EU's
goals.

Given the urgent need to complete the EU's work on key proposals in areas including economic
governance and financial regulation, the Commission will explore with the European Parliament and
the Council how to give priority to the rapid adoption of a certain, limited number of particularly
urgent proposals.




1 See   State of the Union Address 2010 of 7 September 2010.
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2. RESTORING GROWTH FOR JOBS: ACCELERATING TOWARDS 2020
2.1. Strengthening economic governance and initiating the European Semester
The Commission has recently tabled a significant package of proposals to strengthen the tools of
                                                                                                  2
economic governance and extend them to include the coordination of economic and fiscal policies . The
new proposals would deliver broader and enhanced surveillance of fiscal policies at EU level, as well as
a better coordination of macroeconomic policies to address shortcomings in the existing legislation,
including through upstream action on macro-financial imbalances. New enforcement mechanisms would
prevent or correct excesses that could damage Europe's fiscal or financial stability. To maintain the
momentum, the Commission calls upon co-EU legislators to advance quickly in their political
deliberations.

In the first half of 2011, the European Semester of policy coordination will become the central structure
for the EU's common efforts to boost growth and jobs. In January 2011, the Commission will adopt its
first Annual Growth Survey to launch the European Semester. The Annual Growth Survey will analyse
the economic situation of the Union, including potential imbalances and systemic risks. It will look in
particular at where the EU stands in relation to the five targets set in Europe 2020, so that we can start to
benchmark the EU's transformation into a smart, sustainable and inclusive society.

2.2. Financial regulation: completing the reform

A comprehensive timeline for delivery of proposals to complete the EU's financial reform was presented
               3
in June 2010 . Early in 2011, the Commission will table the remaining proposals to complete the
financial sector reform.

Most of the proposals to address the flaws exposed by the crisis are already agreed or on the table, with
the recent agreements on the financial supervision package as a milestone. In the first half of 2011, the
Commission will follow up with a further series of improvements to bank capital rules (CRD IV) to
implement within the EU the outcome of international work in the Basel Committee on Banking
Standards, changes to the Market in Financial Instruments Directive (MiFID) and the Market Abuse
Directive to complete the move to more transparent and safer derivates markets, a proposal on Credit
Rating Agencies, as well as legislation establishing a framework for bank crisis management and
resolution to equip the relevant authorities with a consistent set of tools including resolution funds.

A particular focus will be the protection of small investors and ordinary consumers: initiatives will
include legislation on access to basic banking services, and action to promote responsible lending and
borrowing practice on mortgages.

These and other proposals will complete the Commission‘s ambitious reform programme for the
financial sector. A joint goal of the European institutions should be to have the full reform agreed by
the end of 2011, thus putting in place an advanced system of financial regulation as one of the
foundation stones for healthy, job-creating growth. Meanwhile, the EU will continue its efforts to
promote a strong and coordinated global approach, notably through its




2 COM(2010) 522, COM(2010) 523, COM(2010) 524, COM(2010) 525, COM(2010) 526, COM(2010) 527, 29.9.2010.
3 COM(2010) 301, 2.6.2010.
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active participation in the G20. The Commission will pursue its work on a fair contribution of the
financial sector.

2.3. Smart growth
                                                                         4                            5
Through the Europe 2020 flagship initiatives on Innovation Union , Youth on the Move and the Digital
       6
Agenda , the Commission has shown how the EU can act on many fronts to boost Europe's smart
growth potential. During 2011, the concrete proposals announced in the flagships will be rolled out and
implemented through complementary action at European and national level.

The expanding possibilities of the internet present new opportunities for audio-visual producers and
broadcasters but pose new challenges for the protection of intellectual property rights. Cross-border and
pan-European licensing in the audiovisual sector will stimulate creativity to the benefit of European
citizens.

European standards should play a stronger role as platforms for the global competitiveness of our
enterprises, especially for SMEs. The ICT sector is one of the areas with huge potential. A package of
proposals during 2011 will aim at creating a more integrated European Standardisation system.

The Commission will also set out ways in which the EU level can help to modernise higher education
and set out its vision for future action to foster knowledge and innovation.

2.4. Sustainable growth

As announced in Europe 2020, the Commission will set out its vision for ―Resource efficiency" as a
flagship initiative in 2011. This will break new ground in terms of integrated policy making at EU
level. The aim will be to build progressively a framework based on resource efficiency to include the
shift to a low-carbon society and which sets sectoral policies including energy, transport and the
management of natural resources such as agriculture and fisheries within a long-term sustainable
framework. This work will take time to develop, but the first fruits will consist of an overall approach
setting out how energy, transport and the promotion of a low-carbon economy can today be put on the
road to transform the EU economy by 2050. These interconnected initiatives will define medium and
long-term scenarios, thus providing a solid basis for decision-making and more predictable conditions
for large-scale investment. This also needs to be backed up with a broad approach to how resource
efficiency can become mainstreamed into the way in which European society develops in the future.

A particular focus in 2011 will be on energy infrastructure and efficiency, which have immediate
environmental, economic and energy security benefits, including huge job-creating potential.

The White Paper on the future of transport policy will examine the completion of the European
transport area to provide an efficient, seamless infrastructure around a core network, building on
innovation to achieve low-carbon transport.



4 COM(2010) 546, 6.10.2010.
5 COM(2010) 477, 15.9.2010.
6 COM(2010) 245, 19.5.2010.
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Promoting the sustainable use of natural resources and releasing the innovative potential of sectors such
as agriculture and fisheries will be a central theme of the Commission's proposals for the revision of the
Common Agricultural Policy and the Common Fisheries Policy for the period of the new Multiannual
Financial Framework.

During 2011 the Commission will continue to work to combat climate change. While continuing to
drive forward international efforts to achieve an ambitious, global agreement, the Commission will also
work intensively with bilateral partners to share ideas and develop common projects in areas like clean
technologies, carbon trading and renewable energy. 2011 will also be a busy year in terms of the wider
environment agenda - the preparations for the Rio+20 Earth Summit in 2012 will be high on the agenda
and the Commission will be assessing the results of the Sixth Environment Action Programme and
reviewing the thematic strategies on waste prevention and recycling.

2.5. Inclusive growth

Before the end of 2010 the Commission will publish its fifth cohesion report and propose two more
Europe 2020 flagships – on "New Skills and Jobs" and "a Platform against Poverty". A number of
concrete measures designed to promote inclusive growth will be set out in 2011. In close cooperation
with social partners, the Commission will table a legislative proposal to improve the implementation of
the Posting of Workers Directive, and update the Working Time Directive to new realities. The
Commission will also work towards a quality framework, which takes full account of the specific
nature of services of general economic interest, with the updating of the State aid rules as an important
step. Securing inclusive growth also means addressing societal challenges such as the impact of
population ageing. The Commission will support Member States' action to deliver adequate and
sustainable pensions for citizens through concrete measures to be identified following the consultation
launched in 2010. Promoting an ambitious agenda for economic, social and territorial cohesion will be
a central theme for the revision of cohesion policy for the proposal of the new Multi-annual Financial
Framework.

2.6. Tapping the potential of the Single Market for growth

The Single Market's achievements need to be constantly deepened and updated to achieve its potential.
During the downturn the Union resisted the temptations of short-termism and isolation. But without a
well-functioning Single Market, there will be no long-term growth for jobs in Europe. Now is the
moment to push market integration to new levels, targeting the significant persistent gaps, as identified
                                                                 7
by Professor Mario Monti in his recent report for the Commission .

Building on this work, the Commission has just proposed an important number of concrete
                                                                   8
proposals to re-launch the single market ⎯ in a Single Market Act ⎯ and the Europe 2020 flagship
                               9
initiative on Industrial Policy . Both underline the need to gear society as a whole to deliver the
potential of the single market and to boost the framework conditions for Europe's economic
operators.




7 http://ec.europa.eu/bepa/pdf/monti_report_final_10_05_2010_en.pdf
8 COM(2010) 608, 27.10.2010.
9 COM(2010) 614, 27.10.2010.
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The Commission will continue to open up market access for our companies, in particular small and
medium sized enterprises. An important aspect will be the presentation in 2011 of proposals for the
modernisation of public procurement rules and the establishment of common rules concerning
concession contracts. Other concrete initiatives targeted at SMEs during 2011 will include a regulation
on the management of cross-border debt recovery.

The Commission will take a number of concrete steps including proposals for an Alternative Dispute
Resolution (ADR) mechanism to facilitate the resolution of consumer problems in the EU and continuing
the work on collective redress on the basis of the public consultation launched in 2010.

In the area of taxation, a proposal for a Common Consolidated Corporate Tax base (CCCTB) will aim to
open the possibility for companies to opt for a system to make tax rules simpler, to reduce compliance
costs and to help remove the tax obstacles that companies currently suffer, when they operate cross-
border, without affecting actual tax rates. The Commission will also publish a Communication on a
future VAT strategy targeting the weaknesses of the current system by modernising and simplifying it, to
reduce the administrative burden of VAT on companies.

An Airports Package will aim to improve competition as well as consumers rights and environmental
performance in this important sector, by dealing with airport capacity, the handling of slots and ground-
handling, leading to a more optimal use of the European airport network.


3. PURSUING THE CITIZENS' AGENDA: FREEDOM, SECURITY AND JUSTICE

EU citizenship should be a tangible reality for EU citizens. Citizens‘ rights are firmly anchored in EU
law. However, gaps remain between the rules enshrined in the Treaty and the reality that citizens face in
their daily lives – as private individuals, consumers, students or as political actors.
                                10
The "Citizenship Report" just adopted by the Commission highlights a set of issues where action would
be warranted to give practical meaning to individual rights granted at EU level. These efforts go hand-in-
hand with measures taken in implementing the Action Plan for the Stockholm Programme (2010-2014)
                                                                   11
with a view to delivering an area of freedom, security and justice , using to the full the enhanced legal
basis provided by the Treaty.

As part of its efforts at strengthening citizens' rights in 2011, the Commission will propose a legal
instrument on European Contract Law.

In the area of criminal law, the Commission will propose a Directive on the rights of victims of crime to
help ensure access to sufficient legal assistance, justice and protection for citizens across all Member
States. In order to enhance mutual trust between judicial authorities and citizens, the Commission will
also continue to make legislative proposals for introducing minimum standards for procedural in criminal
proceedings, notably in the field of legal assistance and legal aid.




10 COM(2010) 603, 27.10.2010.
11 COM(2010) 171, 20.4.2010.
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The Commission will also make legislative proposals for a Registered Travellers Programme and an
Entry/Exit System for third country nationals. The objective is to help keep the EU open to the
world, while countering illegal immigration and preventing organised crime. In an open Europe, we
must also prevent criminals from exploiting our economic system. Measures to be proposed next
year will include a framework on the confiscation and recovery of illicit assets and Communications
on a comprehensive policy against corruption and anti-fraud strategy.
Similarly, a revision of the civil protection legislation will enhance the EU's capacities in the field of
disaster response, preparedness and prevention. Finally, the Commission will continue its work with the
High Representative on a proposal to implement Art. 222 of the Treaty.

4. Europe in the World: Pulling our weight on the global stage

With the EU‘s new structures for external policy in place, we now have an opportunity to promote a
comprehensive and cohesive policy on the external challenges we face today, demonstrating that the EU
is a strong and reliable partner with a clear set of objectives expressed with unity and cohesion. The
Commission will continue to support the new European External Action Service and help to develop a
new phase in our external policies. The EU has already focused on the need to have a clear vision for our
relations with strategic partners, as well as a strong and consistent position in international negotiations.
That means making the most of policies for which the Commission is responsible such as development,
trade, enlargement, humanitarian aid and the external aspects of internal policies, and coordinating them
with the work of the EEAS to deliver a strategic overview of the EU's bilateral relations.

4.1. A comprehensive trade policy

A successful trade policy is a key pillar of the Europe 2020 strategy. Building on the trade strategy to be
published in November 2010, the Commission will pursue ongoing negotiations with our trading
partners, including through driving forward the several major bilateral agreements planned for
conclusion in 2011 and keeping up the pressure for a breakthrough in WTO negotiations. In parallel, EU
will take other concrete steps to position European companies on the global market place. The
Commission will present in 2011 a legislative proposal for an EU instrument to improve access to public
procurement markets in developed and large emerging economies, building on the implementation of our
international commitments. The Commission will also propose measures to support European SMEs in
developing their activities outside the EU.

In our comprehensive approach, we will also address how our trade policy can best serve developing
countries in their integration into the global economy. The Commission will make a legislative proposal
for a new Regulation on the Generalised System of Preference aimed at maximizing its positive impact
on sustainable development and the countries most in need.

4.2. EU enlargement, neighbourhood, development policies and humanitarian aid

In 2011, the EU will continue to steer the enlargement process. Progress in negotiations, including
any new negotiations which may be opened following the presentation of the Opinions on
membership later in 2010, will be linked to continued progress made by candidate countries, with a
special emphasis on respect for the rule of law. The European Neighbourhood Policy has shown,
over the last five years, the EU's ability to project its values and principles and to contribute to
political stability and economic development in its neighbourhood – a strategic priority for the EU.
The Commission will continue to help to deepen the EU's special relationship with these neighbours,
including by carrying out a review of the EU's neighbourhood policy leading to proposals in 2011
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for its further development in its bilateral and multilateral (Eastern Partnership, Union for the
Mediterranean) dimensions.



The effective delivery of development assistance is a key objective for the EU as the world's largest
development donor. A partnership approach is the best way to ensure the maximum overall EU
contribution to the Millennium Development Goals, and a new generation of programmes to support
development needs to be designed with this in mind. Particular attention will be given to the follow-up of
the Green Paper on the future of the EU development policy which will be presented in late 2010 which
will assess the Union's development instruments to focus activity, where it can make a real difference for
those in need.

Helping those affected by humanitarian catastrophes also remains a central building block of the EU‘s
world wide engagement. The basis for these life-saving efforts will be strengthened through a proposal
for a Revision of Council Regulation concerning humanitarian aid.


5. FROM INPUT TO IMPACT: MAKING THE MOST OF EU POLICIES

The magnitude and pace of world changes require the EU to act swiftly, responsibly and decisively. 2011
will see the fruit of a major reflection on how the EU can modernise its policy and financial instruments
and find ways of working which maximise the added value of EU action.

5.1. A modern budget for Europe's future
                      12
The "Budget Review" presented last week sets out the Commission's ideas on the purpose, architecture
and delivery of a new EU budget post-2013. Europe as a whole is experiencing a period of austerity in
public finances. The EU budget must be targeted to policies and areas where it can make a real
difference, supporting medium and long term investment, and bring real added value in support of the
Union's policy objectives – most obviously the EU budget should be one of the key tools to deliver
Europe 2020. It must also be delivered in ways which maximise its impact. In June 2011, the
Commission will present its formal proposals for the next Multiannual Financial Framework (MFF),
covering both expenditure and the financing of the budget. On the spending side, the proposal will set out
how and where the Commission believes it can use the budget to deliver EU policies most effectively.
On the financing side, the Commission will make a proposal for a new own resources decision. These
proposals will be the fruit of a detailed analysis of how EU spending can deliver the greatest added value,
how it can act as a powerful tool for delivery of common EU objectives; and of a fresh look at the way
that budget is funded.

In the coming months the Commission will issue a number of Communications and reports on key policy
areas, in particular the reform of the common agricultural policy, of the common fisheries and the future
of cohesion policy, which will also serve as the policy basis for the budgetary proposals of the MFF. The
Commission will present detailed legal proposals for the specific financial instruments and programmes
that should implement the new MFF. These will be presented in a number of packages from the summer
to the end of 2011.
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12   COM(2010) 700, 19.10.2010.
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5.2. Promoting smart regulation

The Commission's better regulation agenda has led to significant improvements in policy-making at EU
and national level. The design of new legislation builds on views from stakeholders and evidence
gathered through wide consultations and subjected to an impact assessment process that has been
externally assessed as effectively raising the quality of proposals. In parallel, the Commission has carried
out a thorough simplification of existing legislation and has made significant progress in reducing
administrative burdens and assisting Member States in the transposition of EU law.
                                                                                                                      13
Building on this experience, the Commission is ready to move to a new phase of smart regulation . The
whole policy cycle should be seen as a whole: from the design, through the application stage and until
legislation is evaluated and revised. Starting with this Work Programme, in principle a positive opinion
from the Impact Assessment Board will be needed before a proposal can be put forward for Commission
decision.

The Commission will continue to work with the European Parliament, the Council and the Member
States to ensure that the agenda is actively pursued by all, in both the EU legislative and implementation
stages.

Finally, the voice of citizens and stakeholders most affected by legislation will be further strengthened by
prolonging the consultation period from 8 to 12 weeks from 2012 onwards, by carrying out a review of
the Commission's consultation policy in 2011 and by increasing predictability on the Commission's
planned proposals and ex-post evaluation work to allow stakeholders to prepare their engagement at a
much earlier stage.

These three pillars of smart regulation should deliver on its overall objective: having relevant, effective
and quality EU legislation fulfilling its intended objectives and benefiting citizens and businesses.

5.3. On-going work

New actions with a focus on political priorities are only one aspect of the Commission's work.
Throughout the year, the Commission remains responsible for implementing and overseeing agreed
policies, reporting and taking stock of existing strategies and action plans, participating in international
negotiations, contributing to conferences and major policy events. The Commission manages a wide
range of financial programmes and operational tasks. In its responsibilities for the implementation of he
EU's operational budget, the Commission seeks to ensure the best use of limited resources to secure the
EU's objectives, obtain the best value for money while respecting principles of sound financial
management. Much of this ongoing work results in the adoption of reports and documents which do not
feature in the Annex to this document – although the work of implementation and monitoring absorbs an
important share of the Commission's human and financial resources, this Work programme focuses on
areas where the Commission is exercising political choice rather than discharging its responsibilities as
an executive.


13 COM(2010) 543, 7.10.2010.
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In recent years the Commission has been devoting more attention and resources to the implementation of
                                                    14
EU law. The recently launched EU pilot experience is beginning to show results and considerable effort
is being invested in speeding up the handling of infringement cases. More systematic analysis of the
reasons for late and incorrect transposition of EU law is being done to feed into the ongoing
simplification programme and is also being used in the revision of existing legislation. All of this work
will contribute to giving the EU a modernised, up to date legal base which is "fit for purpose" and able to
deliver on the EU's promises to its citizens.


6. CONCLUSION
This Work Programme sets out the key new initiatives the Commission commits to deliver in
201115 and the initiatives on which it will work in 2011 and the years to come16, including
simplification proposals and withdrawals17. This forward planning seeks to provide all stakeholders
with predictability and transparency for their work, while maintaining openness and flexibility to
adapt to changing circumstances. The Commission will of course at the same time continue to work
on other issues that require urgent action, or on long term preparation for the future. The
Commission will now work closely with the European Parliament and the Council, as well as
stakeholders, including national parliaments, to ensure that the initiatives it will promote in the
coming year will rest on a sound consensus about how the EU's should meet the expectations of its
citizens for an ambitious and effective Europe.




14 COM(2007) 502 - Launched in April 2008.
15 See Annex I.
16 See Annex II.
17 See Annexes III and IV.

								
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