The Commission finally admits:
There is indeed no EU acquis on criminal measures.
However, the Criminal Enforcement provisions of ACTA do not require additional legislation at EU level. A similar situation arises from the TRIPS Agreement, which has been in force since 1996. The TRIPS Agreement also contains criminal enforcement provisions that bind EU Member States which had to comply, in their national laws, with TRIPS. In that case, no EU legislation was necessary to implement these aspects of the TRIPS Agreement concerning criminal sanctions. ACTA therefore does not require additional EU legislation.
I would like the Europarl to ask the ECJ if a disloyal act of the member states such as so called policy laundry via the 133 process complies with the Treaties. Unlike DG Trade says TRIPS is technically special and was negotiated under an earlier development state of the European Treaties.