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18 August 08

From the Brussels office

Updates on direct settlement procedure for cartels; cross border healthcare rights; initiatives in intellectual property; "green" public procurement

Direct settlement procedure for cartels

A settlement procedure for cartels has been introduced by the European Commission to allow it to deal more speedily with cartel cases under investigation. Cartelists can opt to recognise their involvement and liability at an early stage of the process and consequently be granted a 10% reduction in fine. Parties will be entitled to review the evidence gathered by the Commission during its investigations and allowed to voice their opinions on the case against them, concluding ultimately whether or not to settle. Parties will thereafter be invited to introduce a settlement submission, acknowledging each of the elements of the case against them. The Commission has emphasised that this is not a process of plea bargaining, but it is still hoped that it will reduce the burden of current procedural formalities and reduce the number of appeals against Commission decisions. It should be noted that where settled cases also involve leniency applicants, the reduction of the imposed fine will be cumulative.

Cross border healthcare rights

The European Commission has published a proposal for a directive on cross border healthcare which clarifies the rights of patients seeking healthcare in another member state. Several rulings from the European Court of Justice and the decision by the European Parliament to exclude healthcare from the Services Directive led to calls for a specific initiative on this area. The proposal provides that patients may seek healthcare in any EU country and will be reimbursed for the cost as long as the treatment would be covered under their national system. There is no requirement for prior authorisation, except in certain cases of hospital or specialised care. The overall aims of the proposal are to establish a framework for the provision of safe, high quality and efficient cross border healthcare, and to promote co-operation between member states through various particular measures.

Boosting the “knowledge economy”

On 16 July, the European Commission outlined various initiatives in the field of intellectual property. This includes a legislative proposal to extend copyright protection for performers and producers from 50 to 95 years. A green paper on copyright in the knowledge economy was also published. This seeks views until the end of November about the accessibility of research, educational and other material, in particular on the internet. It reviews the exceptions that exist in Directive 2001/29 on copyright and related rights in the information society and how they are applied by member states. It also asks whether there is a need for guidance on contractual arrangements implementing certain exceptions, or a need to make certain exceptions mandatory. Lastly, a new industrial property rights strategy was published. Actions proposed include studies on the quality of patents and on trademark systems, with a possible review of the legislation on the latter, and initiatives to improve enforcement, alternative dispute resolution and the availability of these rights to small and medium-sized enterprises.

Public procurement goes green

On the same day the Commission published a communication on green public procurement (GPP), part of a larger package of measures entitled the Sustainable Production and Consumption and Sustainable Industrial Policy Action Plan. The communication proposes that by 2010, half of all public procurement procedures should be green. The Commission seeks to develop a set of common criteria, which public authorities would be able to use to ensure the goods and services they buy are the least damaging to the environment. This would also bring greater coherence to the practices being developed in different member states. The expert group agreeing the criteria is to draw on existing standards, such as eco-labels, and a consultation on them will take place. The criteria will concentrate on 10 sectors of procurement, such as construction, office equipment and transport, and should eventually be incorporated into the national action plans and guidance on GPP.