The European Commission has answered the written question posed by a Swedish member.
Answer given by Mrs Ferrero-Waldner
on behalf of the Commission
The Commission can inform the Honourable Member that the Anti-Counterfeiting Trade Agreement (ACTA) will be in line with the body of EU legislation, which fully respects fundamental rights and freedoms and civil liberties, such as the protection of personal data. This includes the Intellectual Property Rights’ relevant aspects of the Telecoms package.
ACTA should not contain measures restricting end-users’ access to the internet that would not be approparite, proportionate and necessary within a democratic society and without a prior, fair and impartial procedure.
It is the Commission’s view that ACTA is about tackling large scale illegal activity, often pursued by criminal organisations, that is causing a devastating impact on growth and employment in Europe and may have serious risks to the health and safety of consumers. It is not about limiting civil liberties or harassing consumers.
4 December 2009
WRITTEN QUESTION by Christian Engström (Verts/ALE) to the Commission
Subject: ACTA negotiations and Telecoms Package principles
In the recent agreement on the Telecoms Package it was decided that no measures restricting end-users’ access to the Internet may be taken unless they are appropriate, proportionate and necessary within a democratic society — and never without a prior, fair and impartial procedure that includes the right to be heard and respects the presumption of innocence and the right to privacy.
Are the proposals currently being discussed in the Anti-Counterfeiting Trade Agreement (ACTA) negotiations fully in line with the letter and the spirit of these provisions in the Telecoms Package? If not, when and how will the Commission redress any incompatibilities?