ACTA: an illegal agreement?

Behind closed doors the EU, US and Japan negotiate an Anti-Counterfeiting Trade Agreement (ACTA). According to the [http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm European Commission's website], a "path breaking" agreement is foreseen. For this reason the Commission likes to work outside the normal formal structures.

An [http://wikileaks.org/wiki/Image:Acta.pdf ACTA discussion paper] was leaked. On this page we will discuss whether the agreement falls within the the EU's competence.

[http://eur-lex.europa.eu/en/treaties/dat/12002E/htm/C_2002325EN.003301.html CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY]

Article 133:

The Commission wants a "path breaking" agreement. That does not seem compatible with internal Community policies and rules.

According to the leaked document, the negotiators want to use a very broad definition of commercial, which may well fall outside a normal interpretation of "commercial aspects". Furthermore the agreement is intended to include non commercial acts. The agreement will exceed the competence granted in paragraph 5.

Depending on the final text, unanimity may be needed.

The agreement relates to trade in cultural and audiovisual services. Common accord of the Member States is required.

As we saw above, the intended agreement is not covered by paragraph 5. Unanimity is needed. The European Parliament has to be consulted.

Conclusion art. 133

Unanimity in the Council is needed, Common accord of the Member States is required. The European Parliament has to be consulted. The agreement has to be compatible with internal Community policies and rules.

[http://www.ip-watch.org/weblog/index.php?p=1071 Intellectual Property Watch]

[http://wikileaks.org/wiki/Image:Acta.pdf Leaked document]

http://ipjustice.org/wp/campaigns/acta/

http://www.eff.org/issues/acta/acta-submission-032108.pdf

http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm