Criminal

De Gucht and his giant ACTA lie

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For the past past months Commissioner Karel De Gucht cheated the Members of the European Parliament about the lack of competence of the European Union to negotiate ACTA criminal measures, and overplayed the known fact in Plenary that there is no related Acquis existing. Many Members of Parliament trust De Gucht’s promises made that ACTA fully complies with the Acquis. Compliance with the Acquis was an argument for MEPs like German Daniel Caspary to support the controversial Treaty. I think it is a good thing that the acquis communautaire remains unchanged. Now Karel De Gucht is forced to admit that there is no criminal Acquis of the European Union existing and member states have to adapt their law when ACTA gets concluded.

Democracy

Emine Bozkurt (S&D, NL): ACTA (Anti-Counterfeiting Trade Agreement)

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Question for written answer P-9459/2010 to the Commission
Rule 117 Emine Bozkurt (S&D)

Subject: ACTA (Anti-Counterfeiting Trade Agreement)
The Commission submitted the final text on ACTA (Anti-Counterfeiting Trade Agreement) on 6 October. Regarding the text of the agreement and the finalising of the details, can the Commission answer the following questions:

1. The ACTA agreement proposes an annual meeting of signatories where amendments to the Treaty can be negotiated. If that happens, how will the Commission guarantee sufficient European Parliament oversight, scrutiny and participation? The ACTA negotiations have so far been criticised for their lack of open debate, transparency and public participation.

Democracy

Vrijschrift: ACTA’s secrecy is illegal

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The Dutch foundation Vrijschrift requested publication of ACTA documents. The request was denied. Vrijschrift filed an objection, below a translation:

1. Many provisions in ACTA are mandatory: “Each Party shall”. Substantially, often they regard legislation, eg “Each Party shall provide for criminal procedures and penalties to be applied at (…)”.

Democracy

When the Camembert tops democratic governance

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Berlin, Sept 15th 2010 — A European Parliament majority accepted a written declaration on the Anti-Counterfeiting Trade Agreement (ACTA) which iterates the calls to European Commissioner Karel de Gucht for more legislative transparency. In a speech before the European Parliament Commissioner Karel De Gucht threatened the United States to leave negotiations when geographical indications would be “discriminated”, that is excluded from the scope of the negotiations on ACTA. Geographical indications cover, for instance, camembert de Normandie, parmesan cheese or champagne, and other marks of origin. The United States oppose their inclusion in ACTA. The United States also aim to keep the negotiated ACTA draft text confidential.