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JOINT COMMITTEE ON EUROPEAN AFFAIRS (Sub-Committee on European Scrutiny)

Scrutiny of EU Proposals.

We will deal with the first set of proposals for consideration, namely, documents which it is proposed should be referred to sectoral committees for further scrutiny, items 1.1 and 1.2.

Item 1.1, COM (2004) 781, is a proposal for a decision amending Council Decision 2000/819/EC on the multi-annual programme for enterprise and entrepreneurship, and in particular for small and medium-sized enterprises 2001-05. The lead Department is the Department of Enterprise, Trade and Employment and the Department of Finance may have an interest in European Investment Fund schemes which are included under the programme. It is proposed that the proposal be referred to the Joint Committee on Enterprise and Small Business for further scrutiny, particularly the potential benefits of the proposed prolonging of the programme for the competitiveness of small and medium-sized enterprises in Ireland and across the EU. Is that agreed? Agreed.

Item 1.2, COM (2004) 847, is a proposal for a Council decision concerning the conclusion of an agreement between the Government of the Socialist Republic of Vietnam and the European Community on market access. It is proposed that the proposal be forwarded for further scrutiny to the Joint Committee on Enterprise and Small Business owing to the relatively minor changes agreed on tariffs imposed on the importation of spirits into Vietnam and the possible implications for the textile sector. This will be significant to industries in Donegal and the distilling industry. Is that agreed? Agreed.

There is one TITLE IV measure for this meeting, item 2.1, COM (2004) 835, a proposal for a regulation concerning the visa information system, VIS, and the exchange of data between member states on short stay visas. The stated aim of this proposal is to define the purpose, the functionalities and the responsibilities for the VIS. The VIS is seen as having two broad purposes: serving as a vehicle for consultation between authorities, and thereby assisting in the fight against terrorism, and simultaneously benefiting bona fide travellers by improving the procedures for issuing visas and for checks. This proposal is viewed in the Commission's memorandum as the core of the legislation relating to the VIS. It also indicates, however, that a mechanism for the sharing of data with Britain and Ireland will need to be developed in areas where Ireland and Britain participate in associated Schengen matters. The Department's note outlines that Ireland is not participating in the adoption of this measure. The proposal does, however, give an early indication of the legislation that would relate to the information-sharing system that is likely to be proposed by the Commission for all member states. It is proposed to note the TITLE IV proposal and to forward it to the Joint Committee on Justice, Equality, Defence and Women's Rights for information in advance of any decision to advance proposals on an information sharing system with Ireland and Britain. Is that agreed? Agreed.

Next we will deal with Common Foreign and Security Policy measures. Measure 3.1, CFSP (2004) 1181, is a Council joint action on support for the UN activities in Iraq in the frame of the United Nations assistance mission in Iraq to assist in the work of the UN in Iraq. The lead department is the Department of Foreign Affairs. The United Nations Assistance Mission in Iraq, UNAMI, was established following the adoption of Security Council Resolution 1500. Its role is elaborated upon in Resolution 1546 and includes support for the electoral process and the promotion of human rights and national reconciliation. This joint action approves funding support from the European Union for the UN authorised force that will form the middle ring of the security and protection of the operations of the United Nations Assistance Mission in Iraq and assistance will be paid into a UN trust fund established for this purpose.

The middle ring is seen as between the front line and the direct protection of certain people and buildings. Ireland's national contribution to the support provided amounts to €500,000. Other significant national contributions indicated in the annex to the proposal come from Germany and Sweden. It is proposed to note the measure. Is that agreed?

Comment on this

Agreed.

Comment on this

CFSP (2005) 80 is the Council common position extending and amending Common Position 2004/133/CFSP on restrictive measures against extremists in the Former Yugoslav Republic of Macedonia. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2005) 95 is the Council joint action extending the mandate of the special representative of the European Union in Afghanistan. The Department of Foreign Affairs is the lead Department. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2005) 96 is the Council joint action amending and extending the mandate of the special representative of the European Union for the African Great Lakes region. The Department of Foreign Affairs is the lead Department. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2005) 97 is the Council joint action of 2 February 2005 extending the mandate of the special representative of the European Union in Bosnia Herzegovina and amending Joint Action 2004/569/CFSP. The Department of Foreign Affairs is the lead Department. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2005) 98 is the Council joint action extending the mandate of the European Union special representative in the Former Yugoslav Republic of Macedonia and amending Joint Action 2003/870/CFSP. The Department of Foreign Affairs is the lead Department. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2005) 99 is Council Joint Action 2005/99/CFSP of 2 February 2005 extending the mandate of the special representative of the European Union for the Middle East peace process. The Department of Foreign Affairs is the lead Department. It is proposed to note the measure. Is that agreed? Agreed.

CFSP (2005) 100 is the Council joint action extending the mandate of the special representative of the European Union for the south Caucasus. The Department of Foreign Affairs is the lead Department. It is proposed to note the measure. Is that agreed? Agreed.

As there are no items proposed for deferral at this meeting I will turn to proposals requiring no further scrutiny. COM (2004) 838 is a communication from the Commission to the Council on a multi-annual financial framework for development finance co-operation under the Africa Caribbean Pacific-European Union partnership agreement and on a related draft proposal for a Council decision fixing the date beyond which the funds of the 9th European Development Fund will no longer be committed.

At the meeting of the sub-committee on 16 December consideration of the proposal for a regulation establishing a financing instrument for development co-operation and economic co-operation, COM (2004) 629, was deferred. Following the provision by the Department of Foreign Affairs of additional background information concerning the proposal, the committee determined on 27 January that the proposal was of such significance for the future of European development policy that it warranted further scrutiny by the Joint Committee on European Affairs.

In particular, that proposal seeks the establishment of a new structure for external assistance over the period of the next financial perspective, 2007 to 2013. The envisaged budget is very substantial at just over €44 billion and the adoption of the proposal would have significance for the future of development assistance. The Department of Foreign Affairs has also confirmed that agreement has not been reached on a proposal for a further European Development Fund and that the Commission decided to produce a communication to the Council on a multi-annual financial framework for development finance co-operation under the Africa Caribbean Pacific-European Union partnership agreement, and to present a proposal for a Council decision fixing the date beyond which the funds of the 9th European Development Fund will no longer be committed.

This communication, which is not a legislative proposal, includes the advocacy by the Commission to the Council of the budgetisation of the European Development Fund and the Department's note outlines that the joint Africa Caribbean Pacific-European Union Council of Ministers in Gaborone on 7 May 2004 confirmed that, pending a decision on budgetisation, the Commission should propose a 10th European Development Fund.

In addition, the Commission proposes that through a Council decision that 31 December 2007 be set as the date beyond which the remaining funds of the 9th European Development Fund would no longer be committed. The Commission contends that on the basis of the performance review and "of the Community's improved capacity for committing and disbursing EDF funds", that it is "highly probable" that the 31 December 2007 deadline would be met.

It is proposed that the communication, which concerns the Commission's view on the future direction of aspects of EU development aid, should be forwarded for information to the Joint Committee on European Affairs in the context of its scrutiny of COM (2004) 629, the related legislative proposal from the Commission. Is that agreed? Agreed.

COM (2004) 812 is a proposal for a Council decision on the signing and the provisional application of the bilateral agreement between the European Community and Belarus on trade in textile products. The Department of Enterprise, Trade and Employment is the lead Department. It is proposed that the proposal does not warrant further scrutiny, and that it be forwarded for information to the Joint Committee on Enterprise and Small Business which is examining the textile sector. Is that agreed? Agreed.

COM (2004) 751 is a proposal for a Council regulation amending Regulation (EC) No. 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards agriculture and traveller allowances. The Department of Foreign Affairs is the lead Department. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 787 is a proposal for a Council decision with regard to the adoption by the Council of a Commission recommendation on the implementation of the EU-Moldova action plan. The Department of Foreign Affairs is the lead Department. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 791 is a proposal for a Council decision relating to the adoption by the Council of a Commission recommendation on the implementation of the EU-Ukraine action plan. The Department of Foreign Affairs is the lead Department. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 802 is a proposal for a Council decision on the conclusion of the agreement for science and technology co-operation between the European Community and the United Mexican States. The Department of Enterprise, Trade and Employment is the lead Department. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 805 is a proposal for a Council decision on a Community position within the EU-Mexico Joint Council concerning a corrigendum to Decision 3/2004 of the EU-Mexico Joint Council of 29 July 2004. The lead Department is the Department of Foreign Affairs. It is proposed that this technical proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 808 is a proposal for Council decisions on the signature and conclusion of a Euro-Mediterranean agreement between the European Community and its member states of the one part and the Syrian Arab Republic on the other part. The lead Department is the Department of Foreign Affairs. The Commission's memorandum to the proposal outlines that while advances on the existing co-operation agreement of 1977 were initially slow, recently progress on developing relations has gained momentum. The development of the European Community's relations with Syria will, according to the memorandum, "contribute to peace and security in the region and will stimulate trade and economic relations". The agreement with Syria is similar to the Euro-Mediterranean agreements that have been considered by the scrutiny sub-committee to date. However, the agreement includes more specifics on the political dialogue that will take place, including dialogue on non-proliferation and on counter-terrorism issues. This is particularly important given the killing earlier this week of the former Lebanese Prime Minister, Rafik Hariri.

The most significant trade aspect of the proposed agreement is the provision for the progressive development of a free trade area. The suspension of the agreement, if either party considers that the provisions have not been fulfilled, would also be permitted. The inclusion of articles providing for cultural and social exchanges and the underlining of human rights and democratic principles will contribute to advancing towards the ambitious goals the agreement has set. The success of the agreement is likely to be linked to the progress made on the earlier Euro-Mediterranean agreements considered by the sub-committee. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 809 is a proposal for Council decisions relating to the signature of framework agreements between the European Community and Albania, Bosnia Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia and Serbia and Montenegro for the participation by these states in Community programmes. The lead Department is the Department of Foreign Affairs.

At its meeting on 25 November 2004, the scrutiny sub-committee considered proposal COM (2004) 729, relating to the approval of the signature of framework agreements with the countries of the western Balkans. At that stage the sub-committee determined that the proposal did not warrant further scrutiny. The draft framework agreements with the states concerned follows from the Thessaloníki Agenda for the western Balkans, endorsed by the Council on 20 June 2003. The agenda confirmed their future prospects in Europe, providing for the opening up of EU programmes to the states of the western Balkans. The draft agreements lay down the general principles, terms and conditions for the participation of the western Balkan states in these programmes. Inter alia, the rules governing their participation provide that, where possible, the same rules will apply as those in place for the participation of EU member states and that financial controls and audits will also be in operation. Provision is also made that future EU programmes will include a clause providing for the participation of the western Balkan states. The states concerned, would, under the proposal, contribute financially to the EU general budget corresponding to the specific programmes in which they would participate. The Department’s note indicates that the adoption of the measure would have no particular implications for Ireland. The conclusion of the agreements is, however, another step in the developing relationship between the Community and the western Balkans. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 810 is a proposal for a Council decision for the EU to cease to be a party to the Oder and Elbe Conventions. The lead Department is the Department of the Environment, Heritage and Local Government. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 848 is a proposal for Council decisions on the signature, provisional application and conclusion of the amendment to the Euro-Mediterranean agreement between the EU and Morocco to take account of the accession of ten new member states to the EU in May 2004. The lead Department is the Department of Agriculture and Food; the other Department involved is the Department of Foreign Affairs. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2004) 857 is a proposal for a Council decision on the signing and the provisional application of the bilateral agreement between the European Community and Ukraine on trade in textile matters. The lead Department is the Department of Enterprise, Trade and Employment. It is proposed that the proposal does not warrant further scrutiny, but that it be forwarded for information to the Joint Committee on Enterprise and Small Business on its examination of the textile sector. Is that agreed? Agreed.

COM (2004) 862 is a proposal for a Council decision relating to the signature and conclusion of a protocol to the interim agreement between the European Community and the Republic of Lebanon to take account of the accession of the ten new member states to the EU. The lead Department is the Department of Foreign Affairs. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 5 is a proposal for a Council decision on the conclusion of the bilateral agreement between the European Community and the Republic of Serbia on trade in textile matters. The lead Department is the Department of Enterprise, Trade and Employment. The Department of Foreign Affairs also has an interest. It is proposed that the proposal does not warrant further scrutiny, but that it be forwarded for information to the Joint Committee on Enterprise and Small Business on its examination of the textile sector. Is that agreed? Agreed.

COM (2005) 18 is a proposal for a Council decision extending the period of application of the measures in Decision 2002/1148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC partnership agreement. The lead Department is the Department of Foreign Affairs.

In February 2004 the sub-committee considered the previous extension of the 2002 measures restricting EU assistance to Zimbabwe to operations of a humanitarian nature and projects in direct support of the population, and in particular those in social sectors, relating to democratisation and respect for human rights and the rule of law. Members will have noted that the Commission outlines that the measure was introduced in 2002 due to the serious violations of human rights and freedom of opinion, association and peaceful assembly in Zimbabwe. Both the Department in its information note to the Oireachtas and the Commission's memorandum to the proposal outline that, since February 2004, there has been no progress on the issues identified for corrective action. The Commission has, therefore, proposed that the restrictive measures remain in place. The Department has, however, indicated that the period of the application of these measures is the subject of continuing debate. It is proposed that the proposal does not warrant further scrutiny but that the proposed measure be forwarded to the Joint Committee on European Affairs for information. Is that agreed? Agreed.

COM (2005) 21 is a proposal for a Council regulation amending the anti-dumping measures imposed by Regulation (EC) No. 348/2000 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine. The lead Department is the Department of Enterprise, Trade and Employment.

An investigation by the Commission found that the anti-dumping duties in respect of imports of certain steel products from Croatia and Ukraine needed to be increased to take account of changed market conditions. This proposal seeks to implement this finding. The Department's note indicates that its consultation process has resulted in no difficulties being reported to it on the adoption of the proposed measure. It is proposed that the proposal does not warrant further scrutiny. Is that agreed? Agreed.

COM (2005) 38 is a proposal for a Council directive amending Annex IV to Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community. The lead Department is the Department of Agriculture and Food. It is proposed that the proposal does not warrant further scrutiny but that the Department be requested to inform the scrutiny sub-committee of significant developments in this proposal. Is that agreed? Agreed.

There are nine adopted measures for this meeting, items 6.1 to 6.9. Item 6.1 COM (2004) 776, is a proposal for a Council regulation imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China. The Department of Enterprise, Trade and Employment is the lead Department. It is proposed to note the measure. Is that agreed?

Comment on this

Agreed. I do not suppose we have any choice seeing as these are adopted measures.

Comment on this

I will explain that by saying that the following set of proposals relating to information notes provided by the Department of Enterprise, Trade and Employment were, I understand, adopted prior to their presentation to the Oireachtas. In some instances the adoption of the measures took place following a relatively short period after their presentation by the Commission.

The early warning system proposed in December 2004 by the Department of Enterprise, Trade and Employment to address the particular circumstances surrounding trade related proposals is designed to greatly reduce the possibility of such proposals coming to the attention of the scrutiny committee after their adoption. The Department has indicated that this system will become fully operational in March 2005 when all proposals relating to the period prior to the adoption of the early warning system will have come through the existing arrangements.

I am very conscious of what Deputy Sexton and other committee members have said in previous meetings. We discussed this issue in Luxembourg last week and got a commitment that our representative in Brussels will set out for us a proposed programme which will flag issues coming to the attention of this committee so that we will at least have an idea of what is coming to us ahead of time. There will be exceptions.

Comment on this

That is welcome because one feels rather silly sitting here agreeing to proposals that have already been decided on.

Comment on this

I fully agree. COM (2004) 779 is a proposal to extend the anti-dumping measures imposed in respect of coumarin originating in the People's Republic of China to imports consigned from Indonesia or Thailand. Coumarin is a white crystalline substance, C9H602, of vanilla-like odour and used in flavouring. I learn something every day. The lead Department is the Department of Enterprise, Trade and Employment. It is proposed to note the measure. Is that agreed? Agreed.

COM (2004) 780 is a proposal to amend Regulation No.1255/96 to grant temporary tariff-free status or reduced tariff rates to specific volumes of specified goods. The Department of Enterprise, Trade and Employment is the lead Department. It is proposed to note this measure. It is also proposed that the Department be requested to indicate if any of the products included in the measure were proposed by entities in Ireland and that it include this type of information in its notes on similar proposals in future. Is that agreed? Agreed.

COM (2004) 794 is a proposal to amend Regulation No. 1255/96 to grant temporary tariff-free status or reduced tariff rates to specified goods. The Department of Enterprise, Trade and Employment is the lead Department. It is proposed to note the adopted measure. It is also proposed that the Department be requested to indicate if any of the products included in the measure were proposed by entities in Ireland and that it include this type of information in its notes on similar proposals in future. Is that agreed? Agreed.

COM (2004) 732 is a proposal for a Council regulation amending Regulation (EEC) No. 3906/1989, Regulation (EC) No. 1267/1999 and Regulation (EC) No. 2666/2000, to take account of Croatia's candidate status. The lead Department is the Department of Foreign Affairs and the other interested Department is the Department of Finance.

Croatia was granted candidate status with regard to membership of the European Union by the European Council in June 2004. This proposal followed from that decision and provided for Croatia to benefit from pre-accession instruments. The proposal was adopted in December 2004 and its adoption will result in Croatia's participation in EU pre-accession programmes relating to structural, agricultural, and institutional matters. The Department has outlined in an additional note that it regrets the post-adoption submission of the information note and that it makes every effort to avoid this occurring. It is proposed to note the measure. Is that agreed? Agreed.

COM (2004) 821 is a proposal to amend the anti-dumping duty imposed on imports of certain polyethylene terephthalate, PET, originating in, among other places, the Republic of Korea and Taiwan. PET is a plastic resin of the polyester family used to make beverage, food and other liquid containers as well as for some other applications. It is also one of the most important raw materials used in man-made fibres. The lead Department is the Department of Enterprise, Trade and Employment.

The Commission initiated a review of the PET anti-dumping measures in place in May 2003. The memorandum to the proposal indicates that interested parties were consulted on the review and that amended duties should be implemented to reflect the current level of dumping occurring. The measure was adopted by the Council on 18 January 2005. It is proposed to note the measure. Is that agreed? Agreed.

COM (2004) 822 is a proposal for a Council regulation amending and suspending the application of Regulation (EC) No. 2193/2003 establishing additional customs duties on imports of certain products originating in the United States of America. The lead Department is the Department of Enterprise, Trade and Employment and there is no other Department interest.

At the meeting of the sub-committee on 23 November 2003, the Commission's proposal, COM (2003) 661, regarding the counter-measures to the so-called foreign sales corporations, FSCs, of the United States, which had been found to constitute a prohibited export subsidy under World Trade Organisation rules, was considered. That proposal, which was adopted by the Council in December 2003, was seen at the time as a first instance in having the FSC scheme withdrawn.

The Commission's memorandum outlines that amending legislation has been adopted by the USA that addresses some of the issues raised with the WTO. Pending consideration of any shortcomings in the current US scheme, the American Jobs Creation Act of 2004, the Commission proposes that the counter-measures adopted should be suspended. The memorandum does, however, indicate that measures would be introduced in January 2006 if dispute settlement proceedings have not been concluded by then.

The Department's information note on this proposal mirrors the sentiments expressed in the earlier note concerning COM (2003) 661 which outlined that Ireland remained hopeful that the dispute would be settled without recourse to trade sanctions and that the additional duties being collected on certain imports from the USA should be immediately withdrawn. The measure, which was adopted by the Council on 31 January 2005, should facilitate the resolution of a potentially damaging trade dispute with the United States of America. It is proposed to note the measure, but that it be forwarded for information to the Joint Committee on Enterprise and Small Business for information. Is that agreed? Agreed.

COM (2004) 825 is a proposal to exempt certain models from the anti-dumping duty imposed on imports of television camera systems originating in Japan. The lead Department is the Department of Enterprise,Trade and Employment. It is proposed to note the measure. Is that agreed? Agreed.

COM (2004) 773 is a proposal for a Council regulation amending Council Regulation (EC) No. 74/2004 imposing a definitive countervailing duty on imports of cotton-type bed linen originating in India. The lead Department is the Department of Enterprise, Trade and Employment and it is proposed to note the measure. Is that agreed? Agreed.

Notes 7.1 to 7.10 are early warning notes. Members will recall at the December meeting of the sub-committee that the Department of Enterprise, Trade and Employment made a presentation on the operation of the early warning system for trade measures. As outlined by the Department, Commission proposals on trade measures are produced at the end of a review and are, by their nature, adopted very quickly. This led to a situation where the sub-committee was receiving proposals after their adoption. The Department has undertaken to supply early warning notes at the initiation of a review, with the Commission proposals to follow. As promised, the Department has submitted ten early warning notes for this meeting in respect of cases on hand. Those are in addition to the four early warning notes submitted at the December meeting. The Department has confirmed that this brings the sub-committee up to date in respect of cases that it Department had in hand. Any new early warning notes the Department submits will be in respect of new cases.

The following early warning notes from the Department of Enterprise, Trade and Employment concern a wide range of products, including ammonium nitrate and rubber, the markets for which are under investigation regarding the need to have in place anti-dumping duties to protect EU industry. The Department has indicated that it is unaware of any difficulties regarding the investigations for Ireland. It is therefore proposed that the ten proposals do not warrant further scrutiny. It is also proposed that if during the investigations any difficulties regarding Ireland are identified, those should be brought to the attention of the committee by the Department in writing. It is further proposed that the Department be requested to provide a short outline of the nature of products which are the subject of future early warning notes.

EWN 2004/03 is the notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of silicon carbide originating in Ukraine. The lead Department is the Department of Enterprise, Trade and Employment. Next is EWN 2004/C67/04, the notice of initiation of a partial review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Turkey.

EWN 2004/C81/06 is the notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China. EWN 2004/C138/02 is the notice of initiation of an expiry review of the anti-dumping measures applicable to imports of magnesium oxide originating in the People's Republic of China. EWN 2004/C144/02 is the notice of initiation of an anti-dumping proceeding concerning imports of grain-oriented flat-rolled products of silicon-electrical steel originating in the United States and Russia and of the initiation of an interim review of the anti-dumping duty on certain grain-oriented electrical sheets originating in Russia, also known as grain-oriented electrical cold-rolled sheet and strips of silicon-electrical steel with a width of more than 500 mm. EWN 2004/C144/05 is the notice of initiation of an interim review of the anti-dumping measures applicable to imports of styrene-butadiene-styrene thermoplastic rubber originating in Taiwan.

EWN 2004/C172/02 is the notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia and Ukraine. EWN 2004/C196/02 is the notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of cotton-type bed linen originating in Pakistan. EWN 2004/C306/02 is the notice of initiation of an expiry review of the countervailing measures applicable to imports of polyethylene terephthalate, PET, film originating in India published in the Official Journal of 10 December 2004.

Next is a provisional measures information note, OJ reference 2004/C24/05, which is the notice of initiation of an anti-dumping proceeding concerning imports of polyester high-tenacity filament yarn originating in Belarus, the Republic of Korea and Taiwan. That competes the list of provisional measures from the information note.

Comment on this

I welcome the early warning notes. It gives those of us sitting here a little more confidence that nothing of a controversial nature will be adopted before we are at least aware of it. I note that, among the measures, there are great date differences. For example, the reference to EWN 2004/C3/03, which concerns anti-dumping measures regarding silicon carbide from Ukraine, being published in the Official Journal was 7 January 2004. If one goes through the notes, one sees that some are dated March, some May and some August. What happened between January 2004 and their arrival in the Department? Might the Department not simply get them from the EU? What happens? There seem to be lengthy periods between those dates.

Comment on this

The Department gets the information and it takes that time for the Commission to decide its stance.

Comment on this

Therefore, the early warning to us is easy for the Department once it knows that we have requested it.

Comment on this

Next on the agenda are the minutes of previous meetings. The minutes of the meeting of 27 January 2005 have been circulated. Are they agreed? I thank the Deputy who chaired that meeting in my absence.

The draft 36th and 37th reports of the sub-committee were circulated. I propose that the reports circulated, including the appendices, be laid before both Houses. Is that agreed? Agreed.

A copy of a conference paper from Dr. Brendan Flynn, National University of Ireland, Galway entitled Reformed Subsidiarity in the Constitution for Europe: Can It Deliver on Expectations?, has been circulated to all members for their information. The sub-committee may wish to agree that a future meeting include a discussion on the role of subsidiarity.

Comment on this

Yes, that is a good idea.

Comment on this

Is that agreed? Agreed. Members will be aware that the committee considers a relatively large number of TITLE IV proposals and that at the recent meeting of COSAC justice, freedom and security issues were debated. It would be useful to invite the Department of Justice, Equality and Law Reform to outline the changes proposed through the constitutional treaty at the next meeting of the sub-committee. The presentation might also focus on the operation of TITLE IV measures.

Comment on this

That is a good idea. In view of the discussion and issues the Chairman raised yesterday at the full committee meeting, it is a good idea to have as much information as possible before we adopt positions on the constitution, although we are in favour. We must disperse the information and it is a good idea.

Comment on this

Is that agreed? Agreed. A copy of the speech delivered by Vice-President Wallström at the COSAC chairpersons' meeting has also been circulated to members for their information. COSAC is examining the issue of parliaments sharing information on proposals. It is envisaged that the proposal on the third railway package will be circulated on 1 March 2005, and parliaments will also be asked to detail the scrutiny process regarding that proposal as an initial step. I will keep members informed regarding developments in that area.

Members may remember that Senator Dardis said yesterday that this committee is clashing with the National Forum on Europe, which makes it awkward for people, including me, since I should be there now. Given that its next meeting will be held on 10 March, I propose that the next meeting of the sub-committee be on Wednesday, 9 March at 9.30 a.m. Is that agreed? Agreed. It is awkward, since the attendance is small this morning. People had commitments elsewhere and that causes difficulties.

Comment on this

Yes.

The sub-committee adjourned at 10.20 a.m. until 9.30 a.m. on Wednesday, 9 March 2005.

Comment on this