Brussels, 13/12/2006 (Agence Europe) - It has been a bad day for the Directorate General of the Internal Market at the European Commission. After postponing its action plan on the future European patents policy (see EUROPE 9324) and being noted for its attitude that was seen as “biased” in this same dossier during the awarding of the “Worst Lobbying 2006” prize organised by the Corporate European Observatory, Friends of the Earth Europe, Lobby Control and Spinwatch, the DG was disavowed by José Manuel Barroso, Commission President, in its attempt to have a recommendation adopted on the system of remuneration for private copies (see EUROPE 9326). “The Commission has decided that more reflection is needed on this complex matter. When it is ready, it will put it back on its agenda”, Pia Ahrenkilde Hansen, Commission Spokeswoman, said on Wednesday 13 December. She said it was “too soon” to define a “specific date” for taking the dossier up again, it being part of the Commission's ten-point strategy in favour of innovation.
The industry considers that reform is well and truly buried. On behalf of the “Copyright levies reform alliance” - which is made up of electronic hardware manufacturers (Apple, Hewlett-Packard, Sony), the European-American Business Council (EABC), part of the Recording-media Industry Association of Europe (RIAE), and the European Digital Media Association (EDiMA) - Mark MacGann expressed his “frustration” and his “deep disappointment”. Mr Barroso reportedly took this decision on his own after a final face-to-face on Tuesday in Strasbourg with Commissioner McCreevy, responsible for the dossier, whereas, within the College of Commissioners, only Jan Figel, responsible for education and culture, was opposed to adopting the recommendation. “We really expected results from the European Commission” not its “capitulation” when faced with France, he deplored. In his view, the letter sent early December from the French prime minister to Mr Barrooso, motivated by electoral concerns, is the main cause for work being suspended.
How should such failure be followed up? Reform has been buried for several years now, said Mr MacGann, sceptical about the possibility of the dossier resurfacing during the analysis in 2008 of implementation of Directive 2001/29/EC on copyright. He pointed out that specific complaints will be filed early 2007 with the Commission, and in particular that of a major European manufacturer operating on the Spanish market. He went on to stress the “legal uncertainty” that weighs on the activities of the industry due to competition distortion and the inconsistent application of European legislation. (mb)