[A2k] ACTA urgency, EU parliamentary recess, scrutiny reservations

[Ante]

Both the Dutch parliament and the European parliament will go into recess at
19 December. They will start again round 12 January. Other EU parliaments
will have about the same dates probably.

There will be about a month without EU parliamentary control. How far did the
ACTA talks progress?

Would it be possible to conclude ACTA in this month without parliamentary
control?

If so, it is essential to call upon parliaments in Europe to make scrutiny
reservations prior to going into recess. Those last weeks are busy, the call
has to be made in time.

Without parliamentary scrutiny reservations, the EU Council can silently adopt
ACTA. Parliaments can stop this silent process and enforce transparency by
making scrutiny reservations. This will give room to scrutinise ACTA and
competence issues:

+ In so far as ACTA will relate to trade in cultural, audiovisual and
educational services, the Member States have a veto.

+ In so far as ACTA will relate to non commercial acts, the Member States have
a veto.

+ The Member States have a veto on criminal measures in ACTA.

+ The European Parliament has vetoes if ACTA entails amending an act adopted
under the procedure referred to in Article 251* or if a specific institutional
framework is established by instituting cooperation procedures.

+ Definitions have to be as clearly and narrowly as possible.

+ the European Parliament, the Council, the Commission or a Member State may
obtain the opinion of the Court of Justice as to whether an agreement
envisaged is compatible with the provisions of the Treaty.

For details see:
http://action.ffii.org/acta/Analysis

vriendelijke groet,
cordialmente,

Ante

* 251: codecision, acts by Parliament and Council