Cons050307En

Council Presidency Adopts Software Patent Agreement Against Council's Rules

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7 March 2005 -- The Council Presidency today declared the software agreement of 18 May 2004 to have been adopted, in violation of the procedural rules and in spite of the evident lack of a qualified majority of member states and the requests of several states to reopen negotiations.

Report

Conclusion

Council defense

Reportedly, the Danish minister (who was forced by a parliamentary committee to request a B-item, but did not like that at all) and the Luxembourg Council Presidency use the following paragraph as defense for their behaviour:

This paragraph indeed does not mention anything about the possibility to change an A item into a B item. Looking at rule 3.8, that one says:

They might argue this still doesn't say anything about changing an A item into a B item, although three countries (with the support of more) asking for a B item is hard to classify as anything but something which "might lead to further discussion". Additionally, Annex III of those same rules of procedure states on page 20, point 1(c):

This clearly and literally provides for the possibility of turning an A item into a B item if otherwise the A item would have to be withdrawn from the agenda (which is the case if there "might" be further discussion due to some statement from a country).

Audio stream from Council session (sent by on-site activists)

Comments

Jonas Maebe, FFII Board Member:

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