Brussels, 15/02/2012 (Agence Europe) - Following a weekend of social society unrest which led to Bulgaria's joining the ranks of the states which have signed up to the ACTA but which are now back-pedalling (Poland, Latvia, the Czech Republic and Romania), the European Commission published a long document on Monday 13 February setting out in detail the negotiation process for the Anti-Counterfeiting Trade Agreement (ACTA) in order to refute any claims of lack of transparency. In the European Parliament, where the procedure for the ratification of the agreement has begun, the Conservative Right, ACTA's main supporter, says it is ready to debate restrictions put on the internet “based on fact not fiction”.
Bulgaria back-pedals. Following demonstrations in several European cities, several of the 22 member states which signed up to the ACTA on 26 January - Cyprus, Estonia, Germany, the Netherlands and Slovakia delayed their signing - have distanced themselves from the text. After Poland, Latvia, the Czech Republic and Romania, the previous week, Bulgaria back-pedalled on Wednesday 15 February. “Bulgaria will not put ratification to the national parliament before EU member states agree a common position”, announced Bulgarian Economy Minister Traïcho Traïkov on Wednesday. “Recent demonstrations have shown that Bulgarian society is not ready to accept an agreement which raises even the slightest possibility of restriction on the internet”, he said. However, other states, such as Luxembourg, continue to show their support for the text. “The ACTA does not go beyond current EU case law. It is true that, in its optional provisions, the ACTA contains a number of measures to tackle counterfeiting which do not exist in Community or Luxembourg law. The government will not, however, bring any changes to current national law”, said a statement from the Ministry of the Economy, stating that Luxembourg will not adopt any enforcement measures, such as the three strikes and you're out system applied in France (the so-called Hadopi law).
Transparency - Commission gives assurance. On Monday 14 February, following a weekend of protest that spread right across Europe, the European executive arm, which negotiated ACTA on behalf of the EU with Trade Commissioner Karel De Gucht as negotiator-in-chief, published a press release setting out the details of the circumstances in which talks unfolded between 2007 and 2010 with the other signatory countries - Australia, Canada, South Korea, United States, Japan, Morocco, New Zealand and Singapore. Talks were in favour of an agreement aimed at protecting intellectual property from illegal counterfeiting (unlawful downloading) and traditional counterfeiting (clothes and medicines) through the establishment of harmonised standards. The idea is to dismantle the accusations made by opponents who state there is no transparency. The Commission gave its assurance that talks unfolded with the participation of representatives from negotiating countries, and that the European Parliament was kept duly informed of any developments. The EU, it states, firmly denies having provided preferential access to information to any group whatsoever, and is categorical that there were no “secret protocols” to the agreement. During the negotiations, representatives of the governments of negotiating countries were present in the room, the Commission continues, pointing out that the Parliament was also involved having received seven different provisional versions to the agreement at different stages in the talks, three detailed reports on negotiations and 14 internal working documents and memos. Also, public consultation meetings open to all were organised in June 2008, April 2009, March 2010 and January 2011, the Commission states. On substance, the Commission maintains that the digital chapter of ACTA does not mean the criminalisation of illegal downloading, as the idea of bringing into general use the three strikes and you're out system put forward during talks by the United States and Japan was immediately rejected. However, although such a system is not imposed, ACTA does not ban it either, the Commission acknowledges. Provisions do not concern the exchange of files between individuals and do not make it an obligation for service providers to become internet controllers in Europe. Intellectual property violations are only taken into account if they have a trade dimension.
Conservative right ready to discuss. At the European Parliament, which is to vote on the text in June after it has been scrutinised by four of the EP committees, Commissioner De Gucht may nonetheless count on the support of the Conservative Right, which is ready to discuss the matter. “The protection of intellectual property is vital for the EU's exporting industry which depends on innovation. We therefore welcome the aim of ACTA, which enables Europe to fight against counterfeit products”, assured Joseph Daul of France, who heads the EPP Group, speaking on Wednesday. “The EPP wants to defend a free internet while intensifying the fight against counterfeit products, which are costing Europe thousands of jobs”, he added, giving assurances that his group would take into consideration all the concerns expressed over possible restrictions to the internet. “We now need a debate based on facts, not fiction”, he stated. (EH/transl.jl/rt)