Brussels, 24/03/2015 (Agence Europe) - The European Parliament's legal affairs committee discussed the draft directive on business information (trade secrets) on Monday 23 March.
Rapporteur Constance Le Grip (EPP, France) presented her draft report. At the very outset she said she had “sought to clarify not to modify the proposal presented by the European Commission”. Among these clarifications features an extension to the deadline for actions for the application of the measures, procedures and remedies to up to three years when the Commission had wanted actions to be brought “within at least one year but not more than two years”. Le Grip considers that more time is required by companies to prepare their case. The S&D shadow rapporteur, Sergio Gaetano Cofferati, was sceptical on this point, arguing that “as time passes, it becomes harder to determine the value of the infringement”, which means a loss in terms of “information value”.
Le Grip also gave great consideration to the issue of disclosure by the press of matters of public interest - a point on which the Greens had laid great emphasis in past months (see EUROPE 11177). The rapporteur proposes strengthening Recital 12 by adding a reference to the case law of the European Court of Human Rights and to the protection of sources. To Article 4 she wants to add that disclosure of trade secrets will be considered lawful if it is authorised by EU law - this includes the Charter of Fundamental Rights of the EU. Antonio Marinho e Pinto (ALDE, Portugal) highlighted the role of the media and called for a closer definition of public interest.
Le Grip added three amendments to ensure that, during the course of proceedings, parties have access to all documents submitted. The deadline for submitting amendments is 26 March and committee voting is expected to take place in May.
The meeting of the Parliamentary committee also provided the opportunity to take note of the abandonment of the European foundation proposal, withdrawn by the European Commission because agreement could not be found within the Council of the EU (see EUROPE 11221). Former rapporteur Dietmar Köster (S&D, Germany) said he had written to Commission First Vice-President Frans Timmermans to try to “persuade him to change his mind”. In his reply, however, Timmermans “stated that (this legislative proposal) required Council unanimity” and that it was, therefore, “unrealistic” to continue. (Jean Comte)