Paweł Zalewski's question to the European Commission - "USA's attitude towards ACTA"

Question for written answer E-012588/2011
to the Commission
 

Rule 117

Paweł Zalewski (EPP)

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There have recently been reports suggesting that the USA will not consider itself legally bound by ACTA whereas the EU would consider itself bound. Therefore, I would like to ask the following questions:

1. Does the Commission consider it a good practice to enter into one-sided binding international agreements which may give a competitive advantage to the USA?

and, furthermore,

2. What specific analysis has the Commission carried out with regard to potential risks for innovation and competition related to the fact that requirements and limitations imposed by ACTA will not be binding on US-based companies? In particular, has the Commission analysed the possible implications of the EU being bound to an agreement on criminal sanctions if the USA chooses not to apply the same rules?

Request to the European Commission issued on 20/12/2011

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Answer given by Mr De Gucht on behalf of the Commission (02.02.2012)

The Commission refers the Honourable Member to its reply to Questions P‑9179/2010 and E‑001447/2011(1): the European Union and the United States are legally bound to the Anti-Counterfeiting Agreement (ACTA). The Commission also understands that the Legal Service of the Parliament replying to a similar question asked by Mrs Marietje Schaake, confirms that the Contracting Parties which conclude international agreements consent to be bound by the agreement according to the principles of international law, in particular the principle of pacta sunt servanda and the principle of good faith.

On the potential risks for innovation and competition related to the fact that requirements and limitations imposed by diverging enforcement rules between different countries would apply differently to their respective industries, the Commission considers that these will be considerably reduced among the ACTA parties, since their legislation and practices in this area will have to respect the common standards defined therein, which is not currently the case.

(1) http://www.europarl.europa.eu/QP-WEB/home.jsp