ISSUES HIGHLIGHTED IN PARTICULAR
POLICY AREAS
61. The Select Committee hosted a roundtable
discussion with the EU Sub-Committees on the subject of the Work
Programme on 23 January 2007. The Committee noted that the quality
of the Commission's Annual Legislative and Work Programmes was
improving and that good work had been done in tightening up the
Work Programme, partly influenced by the Committee's discussions.
The deliberations that followed and the conclusions drawn by the
Committee, on the basis of the analysis provided by the Sub-Committees
and the written evidence received, are set out below.
62. The Sub-Committee on Economic and Financial
Affairs and International Trade will be conducting inquiries into
the progress of the Euro, and into world trade and the Doha round,
both of which are issues that are discussed in the Work Programme.
The Sub-Committee will also be taking a keen interest in the proposed
Directive on the solvency of insurance companies ('Solvency II').
63. The Strategic Review of the Energy Policy
for Europe is a proposal arising from the Green Paper "A
European Strategy for Sustainable, Competitive and Secure Energy",
on which the Internal Market Sub-Committee prepared a report in
2006.[6] The Sub-Committee
felt clarification of the review might be necessary, and will
be taking an interest in this issue. The Sub-Committee also highlighted
as significant the legislation on completion of the internal market
in electricity and gas, and the legislative proposals for a Directive
on transfers of defence products. The Sub-Committee will also
be interested in examining the Markets in Financial Instruments
Directive.
64. Our Sub-Committee on Foreign Affairs, Defence
and Development Policy noted that the Common Foreign and Security
Policy was not determined by the Commission, and that on a number
of issues such as migration and energy, the Sub-Committee's remit
overlapped with that of other Sub-Committees. The Sub-Committee
did, however, wish to question whether sufficient attention was
being given by the Commission to transatlantic relations with
the United States and Canada, as well as to the Strategic Partnerships
with Africa and Russia. The Sub-Committee had previously prepared
a report covering among other matters the proposal on actions
to strengthen Diplomatic and Consular Protection.[7]
Clarification of the proposal, and of whether any subsidiarity
issues might arise, would be sought when the proposal was deposited
for scrutiny.
65. Our Sub-Committee on Environment and Agriculture
will keep a close watch on the review of the emissions trading
scheme: all Member States would need to operate and comply on
an equal basis. The Sub-Committee considered the European Climate
Change Adaptation Programme important, and will monitor it carefully,
particularly with regard to issues of subsidiarity. The Sub-Committee
will be taking an interest in the Action Plan for Sustainable
Consumption and Production, voluntary EU targets for green public
procurement, and the implementation and enforcement of EC environmental
legislation. In addition, the Sub-Committee singled out the CAP
health check and the proposals on illegal fishing and the EU wine
sector as significant.
66. Our Sub-Committee on Law and Institutions
noted that some measures appeared to propose introducing criminal
sanctions in a Community instrument for breaches of Community
law, following a ruling of the European Court of Justice in September
2005. Examples include the proposed Directive on cross-border
enforcement of sanctions in the field of road safety, and the
proposed Directive on minimum sanctions for employers of illegally
resident third-country nationals. The extent of the criminal law
competence of the EC is currently disputed, so such proposals
will be of interest to the Sub-Committee.
67. The Home Affairs Sub-Committee noted that
the proposal for a general Framework Directive addressing labour
immigration was very much in line with the Committee's recommendation
in our Economic Migration report.[8]
The proposal for a Directive on the conditions of entry and residence
of highly skilled workers is also related to that report, and
the Sub-Committee considered that the proposal will require careful
scrutiny on subsidiarity grounds. The proposal for a Directive
on minimum sanctions for employers of illegally resident third-country
nationals might also raise concerns of subsidiarity and legal
base. The Sub-Committee welcomed consultation on the second phase
of the Common European Asylum system. Finally, the Sub-Committee
noted that the Work Programme included a proposal for the revision
of the 2002 Framework Decision on Combating Terrorism. When a
proposal is put forward, it could be the subject of an inquiry.
68. Our Sub-Committee on Social Policy and Consumer
Affairs welcomed the Work Programme in general, but felt that
there were a number of seemingly superfluous initiatives, particularly
in the field of employment and social affairs. The Sub-Committee
accordingly highlighted three initiatives that might require further
clarification with regard to subsidiarity: the Communication on
a European Strategy for Social Services of General Interest, the
proposed legislation establishing a Community Framework for safe
and efficient health services, and the Health in Europe Strategy.
The Sub-Committee might embark on inquiries into the latter two
initiatives. The Sub-Committee welcomed the initiatives on organ
donation and transplantation; on labour law and flexicurity; the
White Paper on Diet, Physical Activity and Health; and the proposal
for Erasmus Mundus II.
Conclusions
69. Proposals flagged up as possibly requiring
attention may raise substantive issues, or potential subsidiarity
concerns. The Committee notes that careful attention will always
need to be paid to the balance between subsidiarity concerns and
possible advantages of EU action, and will continue to monitor
issues of subsidiarity and proportionality carefully. At this
stage, possible subsidiarity concerns can only be tentative, as
examination of subsidiarity can only be undertaken when the full,
published text is available for scrutiny.
70. The Committee notes that the section of
proposals relating to Better Regulation was encouraging. The Select
Committee will continue to take a strong interest in this agenda,
following the publication of its report on Ensuring Effective
Regulation in the EU.[9]
6 House of Lords European Union Committee: The Commission's
Green Paper, "A European Strategy for Sustainable, Competitive
and Secure Energy". 41st Report of Session 2005-06, HL Paper
224. http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/224/224.pdf
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House of Lords European Union Committee: Europe in the World.
48th Report of Session 2005-06, HL Paper 268. http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/268/268.pdf
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8
House of Lords European Union Committee: Economic Migration to
the EU. 14th Report of Session 2005-06, HL Paper 58. http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/58/58.pdf
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9
House of Lords European Union Committee: Ensuring Effective Regulation
in the EU: Follow-up Report. 31st Report of Session 2005-06, HL
Paper 157.http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/157/157.pdf
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