Brussels, 28/02/2012 (Agence Europe) - The European Commission has referred the matter of compliancy of the Anti-Counterfeiting Trade Agreement (ACTA) with EU fundamental rights to the European Court of Justice. In addition, first debates on the issue open at the European Parliament this week. David Martin (S&D, UK), who is responsible for the dossier, wants to have the Parliament's political stance by September at the latest.
Martin, who is ACTA rapporteur at the European Parliament, told the press on Tuesday 28 February that he welcomed the European Commission's decision to finally request the European Court of Justice's opinion on a highly controversial text. He said the text was “vague” in nature, not only for its digital chapter,which does not impose the “three strikes and you're out” system but provides for obligations imposed on internet service providers, but also on its chapter on generic medicines, which does not prevent their free access but which remains vague about how one can protect oneself against counterfeiting at borders. Martin said on Tuesday that, on behalf of the European Parliament, he planned to make a “separate request” for a legal opinion from the highest EU jurisdiction. He hopes to present an “interim report” on ACTA to the plenary assembly “before or after the summer”. The aim of this is so that the European Parliament will adopt a political stance by September, pending the Court of Justice ruling, which could come within a year at best, or two years at most. Martin said that instructions at the borders, obligations in terms of sanctions - everything will be made available to Parliament before the vote so that they might reach a well considered and thought out position. When addressing the media, Martin was accompanied by EPP shadow rapporteur, Christofer Fjellner of Sweden. Fjellner said that “for our group, the protection of intellectual property rights is important. What is being debated is not the content of the agreement but its consequences, those that were not foreseen.” Since 2007, his group has always supported an agreement that has been slammed by the Socialists and by a large part of the Greens and Liberals. (EH/transl.jl)