Transcript of the 7th March Council public deliberations

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Transcript of the simultaneous translation with latter additions based on the original language transcript underlined.

For a more definitive version, see the original language transcript here and the underlying recordings here.

(-00:40) Jeannot Krecké: In accordance with the procedures of the Council, we will now proceed to the public session to adopt this point and I will thus ask the on-line transmission to start.

(-00:11) Krecké: The common position that we are about to adopt was the subject of long and difficult debates throughout the preparatory phase within the Council which everyone can imagine.

(00:00) Krecké: The paper before us is a compromise, balanced around on what the Council agreed with qualified majority in May 2004. Following the adoption of the Common Position today, we shall pass this up to the European Parliament with view to the negotiations for the final adoption of the very important directive, we shall transmit today or tomorrow, so that the parliament can start working on it immidiately. So that there is no delay between our decision and the beginning of work of the Parliament.

(00:40) Krecké: May I conclude that with all delegations, such as Spain voting against, Austria, Belgium, Italy voting abstain- can I take it that all delegations can accept the joint Common Position and the accompanying explanation memorandum as has been put out in the documents before us?

(00:57) Krecké: Can the Council also accept including in the minutes a statement made by the Commission as well as statements made by Hungarian, Latvian, Dutch, Polish and Danish delegations I this as all are set out in the documents before you?

(01:20) Krecké: And we also have a statement on the part of Cyprus.

(01:30) Krecké: However I would just to like to add a few words on this point. May I say this without reopening the debate today? We are all aware of doubts expressed on this matter.

(01:51) Krecké: We are adopting this Common Position today for institutional reasons, and so as not to create a precedent which might have a consequence of creating futher delays in very difficult legislative processes that is a decision making.

(02:09) Krecké: The Commission have taken her responsibilities, and we thank the Commission for that.

(02:16) Krecké: I know a number of members, including those that I mentioned - Denmark, Poland, Portugal would have preferred the point with which we are dealing here to be the subject of a B-point discussion.

(02:30) Krecké: As a Council, I was not able to accept that, you may tell me this is about ... for the Presidency, but there are procedures that we have to respect, and that would have implied undermining the whole logic of the exercise as are provided for under the procedures and which we have to conduct by adopting this as an A-point.

(02:58) Krecké: The procedural decision, would have to conclude to the second reading by the European Parliament. And as I said when I appeared before the Commission of the Legal Affairs of the Parliament in January, it would be appropriate for the institutions to find an area of understanding. A compromise which recognises the legitimate rights expressed both by the business world and users, it is not achieved today, and we would have to sketch through various possibilities for compromise which could be found on the substance in the months to come. It is quite clear that certain clarifications will have to be made with respect to what has been to seen as the legal uncertainty in the current Council position.

(03:45) Krecké: I have indicated that I did not want a substantive discussion on this, but I did want to underline these few points which demonstrate that the presidency and the Council have taken notes of concern expressed by a number of countries who have stated their wish to see a different compromise. I would not like to have any substantive disscusions on this points, this is an A-point. As far as procedures are concerned, Denmark has asked for the floor.

(04:21) Bendt Bendtsen: Yes, thank you chairman. Well you know, Denmarks wish is to see this proposal on computer implemented inventions, we would like to see this treated on this Council meeting as a B-point. I have noted your comments to the effect that you cannot accept that ... only the formal confirmation of political agreement bound in May last year, so the matter can go to the European Parliament. I nonetheless think that the most appropriate this would be to take matter as a B-point, but if this is not possible, I am not going to stand in a way of the formal adoption of the point.

(04:56) Bendtsen: I will have therefore regretfully submit a written statement to be included in the minutes. The point in that statement would be percieved by us when this matter is back to the Council after European Parliament has concluded its second reading. Thank you chairman.

(05:14) Krecké: Thank you, may I take note of your statement and I thank you for your comment.

(05:28) Krecké:So I think I can note ....

.... it doesn't want me to speak me, switch me off.

(05:39) Krecké: I like to invite the Council to adopt the other points on the list of A-points.

(05:48) Laurens Jan Brinkhorst: Chairman only for the form, I understand the position of my


Information about this, gathered later:

The outcome of a questioning of Minister Brinkhorst in out from the Dutch Parliament (Tweedekamer) und Tuesday, 8th March 2005 (the day after the Council meeting) was that he supposedly told that in his statement he explained that the Netherlands would support Denmark if they ask for B-Item. (He was obliged to do so by a parliamentary motion from the Tweedekamer by MP Gerkens.) However, this is everything but sure, as there is no proof for this.


(06:20) Krecké: and as I said those countries are on the list of those who have said that they have a problem with this. I mentioned this matter to the Committee of Legal Affairs of the Parliament.

(06:43) Krecké: Can I take it that we can accept the list of A-points? This is the case.

(06:51) END

The unilateral declations of Denmark and Cyprus:

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