[A2k] When will ACTA be published? + parliamentary question

Ante ante@ffii.org
Wed Dec 3 08:44:01 2008


U.S:
' Asked about the absence of publicly available negotiating documents
from the ACTA talks, Scott Elmore, a spokesperson for the US trade
representative's office, told Bridges that "we are treating these
negotiations similarly to FTA processes." In those negotiations, he
explained, future treaty language is only made public "after the
parties have agreed to the actual text." '
http://ictsd.net/i/news/bridgesweekly/30876/

NZ website:
"Participants have agreed that the draft final text will be made public at the
end of negotiations before governments consider signing."
http://www.med.govt.nz/upload/56291/ACTA_%20PPT.PPT

So "after the parties have agreed to the actual text" (quote 1) may be after
the negotiators agree, and send it to the minister, or whomever decides.

The second quote may still mean that the embargo is lifted, but the text not
yet published. At that point transparency acts should work to get the text
published, but that may cost time. It also takes knowing when the talks are
ready.

Is there more information on this, like a government that promised publication
as soon as the embargo is lifted, "at the end of negotiations before
governments consider signing" ?

For the EU, the Commission is negotiating, with the Presidency negotiating the
criminal measures, Council art 133 committee with member states'
representatives giving member states' input. As soon as the text is ready,
and embargo lifted (?), the text will go to the Council for political
agreement. Depending on whether political agreement seems attainable or not,
this may go very fast. Some texts become available and are adopted two weeks
later in a fisheries council. Uninformed parliaments give their governments
room to agree, making a qualified majority attainable.

A question to the Council (or government) could be something like:

According to the New Zealand Ministry of Economic Development, regarding the
draft text of the Anti-Counterfeiting Trade Agreement (ACTA), "Participants
have agreed that the draft final text will be made public at the end of
negotiations before governments consider signing". [1] Can you confirm that
the embargo on the text is lifted at that moment? Will the Council make the
text immediately available then? Will there be enough time for public and
parliamentary scrutiny prior to Council agreement?

[1] http://www.med.govt.nz/upload/56291/ACTA_%20PPT.PPT

==

The NZ presentation also says: "
*  US/JP/G8 goal of concluding negotiations by December 2008 now unachievable.
* Mid-2009 a more likely goal to conclude negotiations."

vriendelijke groet,
cordialmente,

Ante