From an US NGO source:
KEI has learned that the European Union has proposed language in the ACTA negotiations to require criminal penalties for “inciting, aiding and abetting” certain offenses
As long as criminal provisions are not in the Acquis (as IPRED2 is not adopted) the European Union has no competence to make such proposals in international fora. Period. Commissioner de Gucht additionally promised Parliament they would not go beyond the acquis but apparently still holds some misconceptions what the acquis is about. It is very simple, as long as Ipred2 is not adopted there is no criminal law for these purposes in the Acquis, thus the EU has no competence whatsoever. If the Commissioner exceeds his competences in the negotiations expect a strong political confrontation and litigation before the European Court of Justice.
Luc Devigne from the Commission reportedly said in a meeting with the EPP staff, he has been working as a trade negotiator for the Commission for 15 years and was never scrutinized by parliament before. That whispered joke indicates the difficulties of a Commission unaware of the treaties it is supposed to defend as its guardian, now exposed to a stronger Lisbon regime Parliament. The support for the mostly EPP driven written declaration by other parties is stunning. Over night the conduct of Office from DG Trade became a cross-partisan concern.