Background

After a questionable "political agreement" in May 2004, various national parliaments expressed their rejection to the Council proposal. Hence the agreement has no longer a qualified majority anymore. Thus the formal adoption (a so called "A-item", meaning no further discussion) of the May vote was tabled and withdrawn from the agenda numerous times (special thanks to Poland for bravery). Also the European Parliament's demand for a restart of the directive has been declined by Mr. José Manuel Barroso, President of the European Commission.

The software patents directive was declared as an A-item (no discussion) during a meeting of the EU Competitiveness Council on March 7th. The Danish Minister was obliged by his parliament to ask for a change of the A-item to a B-item (reopening of discussion). This would have allowed a fair vote on a new draft of the directive which actually prevents software patents in Europe.

"Today is a turning point in the history of the directive, and hopefully historians will also mark this day as a turning point in the history of Parliamentary Democracy in Europe." Hartmut Pilch, President of the FFII, commented.

Unfortunately the directive was adopted as an A-item during the meeting. The cirumstances how that has been achieved was a shame for European democracy.