Liam Aylward (ALDE) on ACTA implementation

Liam Aylward confronts the Trade Commission’s beating around the bush.

Question for written answer E-003581/2012
to the Commission
Rule 117
Liam Aylward (ALDE)
Subject: Anti-Counterfeiting Trade Agreement
Recently, the Commission referred the Anti-Counterfeiting Trade Agreement to the European Court of Justice. The Commission took this decision so that it could ask the Court whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information, or with data protection and the right to property where intellectual property is concerned.
– As the Commission is aware, the Anti-Counterfeiting Trade Agreement has been the subject of much public interest. In this regard, can the Commission give an indication of the proposed timeline for the European Court of Justice’s ruling on the Anti-Counterfeiting Trade Agreement?
– Furthermore, the Commission has previously stated that ACTA is an ‘enforcement treaty’ and that, therefore, current legislation will not need to be amended in order to comply with it. Can the Commission clarify how ACTA will be implemented in the Member States if current legislation is not amended?

Even under the current regime an enforcement directive exists which is implemented in member states laws. True, enforcement laws does not mean substantive law but that is not the issue but a misconception at DG Trade and most probably the insufficiency of the confidential negotiating mandate of the Commission.

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