[Rejestr] Europarlament odrzuca ACTA, 663 do 13!

[Marcin Cieslak]

On Wed, 10 Mar 2010, Michał 'rysiek' Woźniak wrote:

> Hej,
>
> Skopałem, zasugerowałem się tytułem na Slashdocie. Never do it again. ;)
>
> Tak czy siak, zażądali tylko przejrzystości - co i tak jest dużym sukcesem.
>

Zawsze warto zaglądać do źródła:

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+MOTION+P7-RC-2010-0154+0+DOC+XML+V0//EN

M. in. uznaje się pewne prawa za fundamentalne, a stosowanie
np. odcinania użytkowników od Internetu za środek nieproporcjonalny:

(...)

1.  Points out that since 1 December 2009 the Commission has had
a legal obligation to inform Parliament immediately and fully at all
stages of international negotiations;

2.  Expresses its concern over the lack of a transparent process
in the conduct of the ACTA negotiations, a state of affairs at odds
with the letter and spirit of the TFEU; is deeply concerned that
no legal base was established before the start of the ACTA negotiations
and that parliamentary approval for the negotiating mandate was not
sought;

3.  Calls on the Commission and the Council to grant public and
parliamentary access to ACTA negotiation texts and summaries, in
accordance with the Treaty and with Regulation 1049/2001 of 30 May
2001 regarding public access to European Parliament, Council and
Commission documents;

4.  Calls on the Commission and the Council to engage proactively
with ACTA negotiation partners to rule out any further negotiations
which are confidential as a matter of course and to inform Parliament
fully and in a timely manner about its initiatives in this regard;
expects the Commission to make proposals prior to the next negotiation
round in New Zealand in April 2010, to demand that the issue of
transparency is put on the agenda of that meeting and to refer the
outcome of the negotiation round to Parliament immediately following
its conclusion;

5.  Stresses that, unless Parliament is immediately and fully
informed at all stages of the negotiations, it reserves its right
to take suitable action, including bringing a case before the Court
of Justice in order to safeguard its prerogatives;

6.  Calls on the Commission to conduct an impact assessment of the
implementation of ACTA with regard to fundamental rights and data
protection, ongoing EU efforts to harmonise IPR enforcement measures,
and e-commerce, prior to any EU agreement on a consolidated ACTA
treaty text, and to consult with Parliament in a timely manner about
the results of the assessment;

7.  Welcomes affirmations by the Commission that any ACTA agreement
will be limited to the enforcement of existing IPRs, with no prejudice
for the development of substantive IP law in the European Union;

8.  Calls on the Commission to continue the negotiations on ACTA
in order to improve the effectiveness of the IPR enforcement system
against counterfeiting;

9.  Urges the Commission to ensure that the enforcement of ACTA
provisions – especially those on copyright enforcement procedures
in the digital environment – are fully in line with the acquis
communautaire; demands that no personal searches will be conducted
at EU borders and requests full clarification of any clauses that
would allow for warrantless searches and confiscation of information
storage devices such as laptops, cell phones and MP3 players by
border and customs authorities;

10.  Considers that in order to respect fundamental rights, such
as the right to freedom of expression and the right to privacy,
while fully observing the principle of subsidiarity, the proposed
agreement should not make it possible for any so-called ‘three-strikes’
procedures to be imposed, in full accordance with Parliament’s
decision on Article 1.1b in the (amending) Directive 2009/140/EC
calling for the insertion of a new paragraph 3(a) in Article 1 of
Directive 2002/21/EC on the matter of the ‘three strikes’ policy;

11.  Emphasises that privacy and data protection are core values
of the European Union, recognised in Article 8 ECHR and Articles 7
and 8 of the EU Charter of Fundamental Rights, which must be respected
in all the policies and rules adopted by the EU pursuant to Article
16 of the TFEU;

12.  Instructs its President to forward this resolution to the
Council, the Commission and the governments and parliaments of the
states party to the ACTA negotiations.

--Marcin