# CE2011308EN.01008801.xml

| 20.10.2011 | EN | Official Journal of the European Union | CE 308/88 |
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20.10.2011

EN

Official Journal of the European Union

CE 308/88

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Thursday 9 September 2010The lack of a transparent process for the Anti-Counterfeiting Trade Agreement (ACTA) and potentially objectionable content

P7_TA(2010)0317

Declaration of the European Parliament of 9 September 2010 on the lack of a transparent process for the Anti-Counterfeiting Trade Agreement (ACTA) and potentially objectionable content

2011/C 308 E/17

The European Parliament,

The European Parliament

having regard to Rule 123 of its Rules of Procedure,

| A. | whereas negotiations concerning the Anti-Counterfeiting Trade Agreement (ACTA) are ongoing, |
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A.

whereas negotiations concerning the Anti-Counterfeiting Trade Agreement (ACTA) are ongoing,

| B. | whereas Parliament’s co-decision role in commercial matters and its access to negotiation documents are guaranteed by the Lisbon Treaty, |
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B.

whereas Parliament’s co-decision role in commercial matters and its access to negotiation documents are guaranteed by the Lisbon Treaty,

| 1. | Takes the view that the proposed agreement should not indirectly impose harmonisation of EU copyright, patent or trademark law, and that the principle of subsidiarity should be respected; |
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1.

Takes the view that the proposed agreement should not indirectly impose harmonisation of EU copyright, patent or trademark law, and that the principle of subsidiarity should be respected;

| 2. | Declares that the Commission should immediately make all documents related to the ongoing negotiations publicly available; |
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2.

Declares that the Commission should immediately make all documents related to the ongoing negotiations publicly available;

| 3. | Takes the view that the proposed agreement should not force limitations upon judicial due process or weaken fundamental rights such as freedom of expression and the right to privacy; |
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3.

Takes the view that the proposed agreement should not force limitations upon judicial due process or weaken fundamental rights such as freedom of expression and the right to privacy;

| 4. | Stresses that economic and innovation risks must be evaluated prior to introducing criminal sanctions where civil measures are already in place; |
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4.

Stresses that economic and innovation risks must be evaluated prior to introducing criminal sanctions where civil measures are already in place;

| 5. | Takes the view that internet service providers should not bear liability for the data they transmit or host through their services to an extent that would necessitate prior surveillance or filtering of such data; |
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5.

Takes the view that internet service providers should not bear liability for the data they transmit or host through their services to an extent that would necessitate prior surveillance or filtering of such data;

| 6. | Points out that any measure aimed at strengthening powers of cross-border inspection and seizure of goods should not harm global access to legal, affordable and safe medicines; |
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6.

Points out that any measure aimed at strengthening powers of cross-border inspection and seizure of goods should not harm global access to legal, affordable and safe medicines;

| 7. | Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States. |
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7.

Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States.

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(1)  The list of signatories is published in Annex 1 to the Minutes of 9 September 2010 (P7_PV(2010)09-09(ANN1)).

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