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To: Voorzitter vaste Kamercommissie Europese Zaken,
COSAC Presidency,
Mrs Sharon Dijksma
From: Vrijschrift/FFII
Subject: The EU Presidency denies the new members the rights the Protocol on the Role of
National Parliaments in the European Union grants them, the CII Directive Common Position
will be illegal.
Amsterdam, December 16 2004,
Dear Mrs Dijksma,
September 5
th
we wrote to inform you of our concerns regarding the way the Dutch EU
Presidency is conducting itself with respect to European procedures and the Protocol on the
Role of National Parliaments in the European Union [1].
In our letter we pointed out:
–
Wrong information provided by the Dutch Presidency.
–
The Protocol on the Role of National Parliaments in the European Union assures
Parliaments early access to legislative proposals. The Parliaments of the 10 new members of
the Union did not have early access, since the translations of the EU Council's political
agreement have only very recently become available.
–
Every Parliament in the European Union has the right to debate the “Directive on
Computer-Implemented Inventions”, and to render their opinions. Any Council member
may unilaterally act to transfer an A-item decision indicating a mere formality to the list of
B-item agenda points [2]. Every member of the Council has the right to change their
present vote [3]. All of the national members of the European Union have the freedom and
the right to engage in any decision that determines their future.
–
How detrimental the software patents Directive would be for SMEs and innovation.
–
The Directive's text is overcomplicated, with double negations, duplicitous qualifications
("exceptions" that are always true) and undefined exclusions.
–
Eastern Europe will never own its software industry under the Council's text.
–
Our believe that the Directive must be discussed as a B-item in the Council, not allowed to
pass as a mere formality under the A-item agenda points.
Since then, it became clear that the Dutch EU Presidency puts pressure on Poland to vote yes
to the Directive [4]. Poland is denied the rights the Protocol grants.
The Protocol on the role of national parliaments in the European Union demands that the
Commission's legislative proposals are translated. The European Union has 10 new members.
After reaching the political agreement this agreement was translated, it was the first
translation the new members received. This implies that the new members' parliaments are
completely free to express their view, and their governments are completely free to act
accordingly. The pressure the presidency puts on these governments denies the new members
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