EP hearing Michel Barnier: Intellectual property rights

The web pages of the European Parliament are overflowing with written and audiovisual material on the hearings by the EP committees of the Commissioners-designate, although the last scheduled hearings have yet to take place today and tomorrow.


Since the 1957 EEC Treaty of Rome, the common market has been a core aim of European integration. The Lisbon Treaty consistently uses the newer term internal market.

The internal market is envisioned as an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the treaties, notably the Treaty on the Functioning of the European Union (Article 26(2) TFEU).

The internal market is generally a shared competence between the European Union and the member states (Article 4(2)(a) TFEU).

In other words, the internal market is one of the core responsibilities of the European Commission, and it is one of the heavyweight portfolios within the Commission.

The designated internal market Commissioner for [2009] to 2014 is Michel Barnier, a former Commissioner and MEP, as well as French government minister.

Without going into the recorded hearing with Barnier, we notice that the summary of his hearing brought nothing to light with regard to intellectual property rights (IPR):



Summary of Hearing of Michel Barnier – Internal Market and Services (13 January 2010)



Highly political issues such as the social nature of the internal market and the future of financial regulation dominated the Barnier hearing summary on EurActiv.fr as well.



In his written answer to the relevant EP committees, Barnier had presented the knowledge based economy as a priority, including the reinforcement of IPR:

Developing a knowledge-based economy: I intend to adapt our intellectual property rights strategy to meet new challenges. The European intellectual property system must be modernised and reinforced in order to promote the knowledge-based economy. I am in favour of an exhaustive and consistent framework for copyright law which will enable us to meet new challenges such as digitisation. Negotiations on the Community patent and the unified patent litigation system must be concluded. To enable European enterprises to realise their full potential for innovation and creation, a modern intellectual property framework is required which will stimulate investment and technological progress and facilitate access to knowledge and its dissemination.

In his written answer Barnier had the following to say regarding IPR when he outlined coming legislative proposals:

In the area of intellectual property rights, I would like to see the development of a consistent legal framework. I will ensure the finalisation of the legislative work on the Community patent and the patent litigation system. I am also planning to modernise the legal framework for trademarks. I intend to reinforce the legal framework relating to the respect of intellectual property rights, which will be further supported by the Counterfeiting and Piracy Observatory.

In the pipeline


We know that intellectual property rights are crucial in the digital age, also as bones of contention. We also know that “manifold initiatives” are in the pipeline to enhance IPR protection in the European Union, with regard to the internal market and criminal law (IPRED2). In parallel with the internal market, secret external trade negotiations are ongoing, with the aim to conclude a plurilateral Anti-Counterfeiting Trade Agreement (ACTA).



To get a picture of the concerns of citizens, users and consumers, it is worthwhile to look at the questions prepared by La Quadrature du Net ahead of the hearing on copyright and freedoms in the digital age (12 January 2010).




Ralf Grahn



J.K. Educate yourself and brush up your language skills by reading EU-related blogs. Valéry-Xavier Lentz writes a blog, where he deals with Internet issues as well as French and EU politics. Growing multilingual Bloggingportal.eu already aggregates the posts of more than 500 euroblogs at one convenient address.

If you write a blog on European affairs, such as politics, policies, communication, economics, finance and law, you can submit your blog for inclusion.

European Parliament: New sloth habitat?

There was not very much the institutions of the European Union could do, when the Lisbon Treaty agreed by the EU member states went on its ratification tour of 27 capitals, but once it became clear that the amending treaty finally enters into force, all the institutions have a responsibility to get the EU up and running under the new rules.

The European Council appointed its president and the high representative before 1 December 2009. José Manuel Barroso unveiled his new Commission on Friday, 27 November 2009. Well done!

The European Parliament has rejoiced in its new powers under the Lisbon Treaty. But what does it do?


The European Parliament's Conference of Presidents (EP President Jerzy Buzek and the political group leaders) decided on Thursday that the hearings should last three hours each and take place on 11-15 January in Brussels and on 18 and 19 January in Strasbourg. To enable a final vote to be taken before the end of January, a special mini-session is scheduled for Tuesday 26 January 2010.

Can the European Parliament be serious about this?

We have a caretaker Commission in place in an irregular position, well past its “go by” date, and the European Parliament shamelessly tells us that it needs two months to do its duty!

Further, the EP sanctimoniously tries to create the impression that it moves with haste, holding “a special mini-session”.

Sancta simplicitas!



The sloth must have found a new habitat in Europe: the European Parliament.




Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Educate yourself! There are already 487 Euroblogs aggregated on multilingual Bloggingportal.eu. You can access all the posts on the Posts page, or concentrate on the editors’ choices on the Home page. On most of the blogs you can comment and discuss our common European future.

European Parliament: Hearing the Council

The rotating EU Council Presidency still in force is crucial for how the European Union is represented externally and the Council internally, six months at a time. The Treaty of Lisbon would preserve the rotating Presidency generally, but give the European Council a more permanent President and the double-hatted High Representative/Vice-President would chair the Foreign Affairs Council.

Under the Treaty of Lisbon the European Council would become an official institution. This has been noted in the provision on hearing by the European Parliament, but we lack public information about how the member states intend to implement the Lisbon Treaty.

In this post we look at the rules on hearing the Council by the European Parliament.




***

Current treaty


The fourth paragraph of Article 197 of the Treaty establishing the European Community (TEC) lays down the principle that the European Parliament can hear the Council (which has both legislative and executive powers):


“The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.”


***

Lisbon Treaty


The corresponding provision of the Treaty of Lisbon is the third paragraph of Article 230 of the Treaty on the Functioning of the European Union (TFEU). The Council and its Rules of Procedure remain as before. (The European Council and its Rules of Procedure are added.)

“The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.”


***

Council’s Rules of Procedure

It is not for a “sovereign” European Parliament to dictate how the Council is to be heard, but for the Council to decide in its Rules of Procedure (based on various treaty provisions drafted by the representatives of the member states).

As in many other instances, working relationships require cooperation between the EU institutions.


Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council's Rules of Procedure was originally published in the Official Journal of the European Union (OJEU) 16.10.2006 L 285/47.

Each year the Council has to approve the population figures relevant for voting in the Council (Annex 3), and since there is a consolidated version of the Council’s Rules of Procedure (of 1 January 2009) it is the one we use:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2006D0683:20090101:EN:PDF



***


Representation before the European Parliament

The general rule concerns the acting Council Presidency, the main responsible to be heard by the European Parliament or to delegate the tasks.

Usually the head of government (or state) of the Presidency member state presents its programme at the beginning of the six month turn in office and sums up its achievements at the end.

Article 26 of the Council’s Rules of Procedure assigns this task primarily to the acting Presidency, although there are other options, such as the following Presidency.

The role of the Secretary-General includes the task of High Representative, so keeping the European Parliament informed about CFSP and CSDP developments can be delegated to him (instead of the Foreign Minister of the country holding the Presidency).

At committee level Council officials can also be instructed to appear (instead of the relevant Ministers of the Presidency government). This includes the Deputy Secretary-General, practically unknown to the general public, but with the High Representative/Secretary-General more than occupied by foreign policy, one of the real powers within the EU:



Article 26
Representation before the European Parliament

The Council may be represented before the European Parliament or its committees by the Presidency or, with the latter's agreement, by the following Presidency or by the Secretary-General. The Council may also be represented before those committees by its Deputy Secretary- General or senior officials of the General Secretariat, acting on instructions from the Presidency.

The Council may also present its views to the European Parliament by means of a written statement.


***

Parliamentary questions and silence procedure

The number of questions for written answer (written questions) from members of the European Parliament is great. Preparing draft replies to them is largely routine work for the Council Secretariat, so facilitated procedures have been adopted to ease the work load of Coreper (the Committee of Permanent Representatives) and especially of the Council.

Article 12(2) of the Council’s Rules of Procedure mentions a simplified written procedure called “silence procedure”, applicable to (written) questions and some other matters. If none of the member states react within a time limit (normally three working days), the text is considered adopted:


2. On the initiative of the Presidency, the Council may act by means of a simplified written procedure called “silence procedure”:

(a) for the purpose of adopting the text of a reply to a written question or, as appropriate, to an oral question submitted to the Council by a Member of the European Parliament, after the draft reply has been examined by Coreper [the time limit is normally three working days];

-----

(c) for the purpose of deciding to consult other institutions or bodies wherever such consultation is required by the Treaties;

-----

In that case, the relevant text shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects.

3. The General Secretariat shall establish that the written procedures have been completed.



***

Lisbon Treaty

With regard to hearing the Council Article 230 TFEU does not alter the text of Article 197 TEC. It only adds the European Council and its Rules of Procedure.

The procedures in the European Parliament are regulated in its Rules of Procedure, which the EP plans to amend (Corbett Report). In addition, Lisbon Treaty implementation and interinstitutional relations are dealt with in the Leinen, Brok and Dehaene reports, and they have been covered in a number of blog posts.

But the Council’s Rules of Procedure have to be adapted to the amending Treaty of Lisbon. I have found no public proposal concerning the needed changes.


Ralf Grahn

European Parliament: Hearing the Commission

According to the second paragraph of Article 197 of the Treaty establishing the European Community (TEC), Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission.

Under the consolidated Treaty of Lisbon, the first paragraph of Article 230 of the Treaty on the Functioning of the European Union (TFEU) would shorten this to: The Commission may attend all the meetings and shall, at its request, be heard.

In the Framework Agreement mentioned below, the Commission seeks to ensure that, as a general rule, Members of the Commission are present at plenary sittings for agenda items falling under their responsibility, whenever Parliament so requests.


***


Statements

According to the Rules of Procedure, the Commission (as the Council and the European Council) can ask the EP President for permission to make a statement:


Rule 103 Statements by the Commission, Council and European Council

1. Members of the Commission, Council and European Council may at any time ask the President for permission to make a statement. The President shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members.
-----


Rule 104 provides for information from the Commission about its latest decisions:

Rule 104 Statements explaining Commission decisions

After consulting the Conference of Presidents, the President may invite the President of the Commission, the Commissioner responsible for relations with the European Parliament or, by agreement, another Commissioner, to make a statement to Parliament after each meeting of the Commission, explaining the main decisions taken. The statement shall be followed by a debate of at least thirty minutes in which Members may put brief and concise questions.


***

Relations more broadly


The provisions on hearing in the Chamber cover only a part of the multi-faceted relations between the European Parliament and the Commission.

Therefore we take a broader view of the relations between these institutions and look at how some of them have been regulated in the Rules of Procedure of the European Parliament (16th edition, October 2008).


***


Interinstitutional agreements

The “institutional triangle” ─ the European Parliament, the Commission and the Council ─ have developed complementary rules through so called interinstitutional agreements.

The EP’s Rules of Procedure offer the following general principles concerning these agreements:


CHAPTER 6 INTERINSTITUTIONAL AGREEMENTS

Rule 120 Interinstitutional agreements

1. Parliament may enter into agreements with other institutions in the context of the application of the Treaties or in order to improve or clarify procedures.

Such agreements may take the form of joint declarations, exchanges of letters or codes of conduct or other appropriate instruments. They shall be signed by the President after examination by the committee responsible for constitutional affairs and after approval by Parliament. They may be annexed to the Rules of Procedure for information.

2. Where such agreements imply the modification of existing procedural rights or obligations or establish new procedural rights or obligations for Members or bodies of Parliament, or otherwise imply modification or interpretation of the Rules of Procedure, the matter shall be referred to the committee responsible for examination in accordance with Rule 201(2) to (6) before the agreement is signed.


***



Framework Agreement

There are several interinstitutional agreements, but Annex XIII to the EP Rules of Procedure contains the Framework Agreement on relations between the European Parliament and the Commission, which aims to ensure that their powers and prerogatives are exercised as effectively as possible.

Here is a summary of matters covered.


The rules concern the political accountability of the Commission, information at every stage of legislative and budgetary processes, as well as on the Commission’s legislative and work programme. The Commission undertakes to inform the EP about action taken on the basis of requests by the European Parliament.

The Commission promises information about negotiations on international agreements from the preparatory stage onwards.

The Commission presents proposals for the European Union’s multiannual programming, with a view to achieving consensus on inter-institutional programming between the Institutions concerned.

As a general rule, the Member of the Commission responsible for an item under consideration in a parliamentary committee shall be present at the relevant committee meeting, when invited. Members of the Commission shall be heard at their request.

Annex 1 of Annex XIII concerns the forwarding of confidential information to the European Parliament and Annex 2 presents a timetable for the Commission legislative and work programme.



Ralf Grahn