The controversial ACTA agreement has entered the critical final stage after three parliamentary committees voted on their recommendation on 31 May. The legal affairs committee voted against a draft opinion recommending approval, while the industry committee and the civil liberties committees approved reports recommending rejection.

For ACTA to enter into force in the EU, it will have to be approved by the Parliament and the Council as well as ratified by all member states. MEPs are expected to vote on ACTA during the 3-5 July plenary, based on a recommendation by the international trade committee.

Although this committee is in charge of the dossier, it will be given input by four other committees, namely the ones dedicated to legal affairs, civil liberties, industry and development. The development committee is due to vote on 4 June on a draft opinion in favour of recommending approval. However, three amendments have been tabled calling for ACTA to be rejected.

The positions of these committees are not binding on the Trade Committee, which adopts its own position as lead committee on 21 June.

ACTA is aimed at enforcing intellectual property rights more effectively on an international level. Many developed countries are concerned about economic damage from counterfeiting and piracy. However, opponents believe it will favour large companies' interests at the expense of citizens' rights. They also deplore the secrecy of the negotiations.

The European Commission is calling for ACTA to be approved. On 10 May it referred the agreement to the European Court of Justice for a ruling on whether it is compatible with the EU's fundamental rights and freedoms. It also asked the Parliament to delay voting on ACTA until there was a ruling.

Civil Liberties MEPs point out that Europe needs an international agreement to step up the fight against counterfeiting, but all deals concluded by the EU must be compatible with its treaties and ACTA does not ensure full respect for private life or full protection of sensitive personal information. Furthermore, Internet providers should not police the Internet, says this committee, urging the Commission and EU countries to ensure that the role of providers is legally clear. The Civil Liberties Committee opinion was adopted by 36 votes to one, with 21 abstentions.

The Industry Committee voted by 31 votes to 25 to reject ACTA, saying that it fails to balance intellectual property rights, business freedom, protection of personal data and the freedom to receive or provide information. It also says ACTA's approach to intellectual property ignores the specific features of each sector and adds that the Agreement's lack of definitions could create legal uncertainty for European firms.

The Legal Affairs Committee voted by 12 votes to 10, with two abstentions, to reject the opinion drafted by Marielle Gallo endorsing ACTA. A new opinion reflecting the committee's position will now be drafted by Evelyn Regner.

After the International Trade Committee adopts its position on 21 June, the file will pass to the full House, which must consent to the Agreement for it to enter into force.

(Source: manufacturingchemist.com)