[Ip-health] EP LIBE committee amendments to draft opinion on ACTA

Ante ante at ffii.org
Fri May 25 15:48:47 PDT 2012


The European Parliament Committee on Civil Liberties, Justice and Home Affairs 
published the amendments to the ACTA draft opinion. 

http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&reference=PE-489.544&secondRef=01&language=EN

The main choices are between waiting for the Court or not, and whether to 
propose to reject ACTA or not.

Medicines and right to health are mentioned in amendment 11:

"3c. Points out that fundamental rights are,
by nature, based on a number of
assumptions1: they are universal, based
on rights relating to the personality and
on non-material interests; they are
non-transferable and do not cease; they
emanate from the person, are innate and
are governed by public law; in this regard,
a number of objects protected by intellectual
property rights only exhibit some of these
characteristics, thus it is necessary to
distinguish the use of effective tools to
protect such rights, e.g., in the case of
life-saving medicines on the one hand or
industrial patents to protect designs on the
other, from other interests deriving from
other fundamental rights such as, for
example, protecting human health;"

Some amendments call on the Commission to ensure legal clarity, like (EPP) 
amendment 3:

"1b. Notes that ACTA must fully respect
Union law, especially the Charter and the
data protection acquis; reiterates that it is
important that ACTA is not open to any
interpretation that could lead Member
States to infringe the Charter when
implementing provisions of ACTA and
therefore calls on the Commission and
Member States to ensure legal clarity in
the provisions of ACTA;"

As if the Commission is able to do this. 

Some amendments call for waiting for the Court:

"Amendment 20
"9. Recalls that the Commission has decided
to refer ACTA to the CJEU on the question
of whether ACTA is compatible with
Union Treaties, in particular the
Charter, and believes that the Parliament's
final position on ACTA should only be
taken after the CJEU has given its
judgement on this matter;"

amendment 21

"9. Recalls that the Commission has decided
to refer ACTA to the CJEU on the question
of whether ACTA is compatible with
Union Treaties, in particular the Charter;
urges that the Parliament's final decision
be taken only after the judgement of the
CJEU is known;"


There are multiple amendments calling for rejection of ACTA, like:

amendment 44
"15a. The Committee on Civil Liberties,
Justice and Home Affairs therefore calls
on the Committee on International Trade,
as the committee responsible, to
recommend that Parliament declines to
consent to the conclusion of ACTA."

Roithova, the EPP rapporteur, wrote some critical amendments and then 
concludes:

am 50
"15e. In the light of the above
considerations, does not recommend that
consent be granted to ACTA in its current
form."

Many of her amendments are by herself alone, the other EPP members may not 
follow her.

best,

Ante


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