NURPA's access to ACTA documents request

In January 2012, NURPA has requested documents related to ACTA to the European Parliament's Transparency - Public Access to documents and Relations with Interest Representatives Unit. Here is the full exchange.

ACTA supporters have been arguing since the first leaks of the draft text of the Agreement that there is no "transparency issue". However, if we look at attachment "Annexe c.7" of the response to our request for documents, the content on the pages 1 to 4 is so transparent that it is actually… invisible.

Our request

Dear Sir or Madam,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

The Legal Service's opinion on ACTA (Anti-Counterfeiting Trade Agreement), as requested by the INTA committee ;

The Legal Service's opinion on ACTA, as requested by the Legal Affairs committee, as soon as it is available ;

All non public ACTA documents in the possession of the Parliament, including the earlier versions of the ACTA text and the Commission's communication with the Parliament ;

Minutes of Rapporteur and Committee meetings where ACTA is being discussed ;

All correspondence related to ACTA between European Parliament Committees and the Legal Service as well as between Members of the European Parliament and national governments in the EU Member States

[…]

The answer

Dear Mr,

Following your request we wish to inform you that we are in a position to send you the documents that have been already disclosed by Parliament or such documents as were identified by our service.

If there is any specific document that you do not find in our reply we would kindly ask you to supply more information which would allow us to identify the document.

We would draw your attention to the fact that the process of signature and conclusion as well as the ratification of the ACTA agreement is currently ongoing. Therefore, at this stage some documents can only be partially disclosed and the European Parliament takes special care to protect any disclosure that could affect the EU's current international relations with third countries (ACTA partners) and compromise the signature and conclusion of the agreement.

In consequence, we attach the Legal Service's opinion as requested by the INTA Committee but we are obliged to postpone sending you the Legal Service's opinion as requested by the Legal Affairs Committee. The latter is currently under consideration and will be forwarded immediately after the decision regarding its disclosure has been made.

As regards the debates on the subject in the responsible committee (INTA) as well as the committees for opinion (DEVE + JURI) please note that they are public (webstreaming) and the minutes are available on the EP's website:

http://europarl.europa.eu/committees/en/INTA/home.html

http://europarl.europa.eu/committees/en/JURI/home.html

http://europarl.europa.eu/committees/en/DEVE/home.html

A copy of the correspondence between the EP Committees is also attached but not MEPs individual correspondence. In fact, such correspondence is not recorded in Parliament's system as it does not qualify as Parliament documents in accordance with the EP Rules of Procedure (Article 104.2)

We hope that the documents we have provided you with are useful to you. May we recommend that you visit the EP's "Legislative Observatory" page on a regular basis. Here you can follow the evolution of this file and find information on the decision-making process within the European Parliament which at present has not yet been initiated.

http://europarl.europa.eu/oeil/popups/ficheprocedure.do?type=PROC&year=2011&number=0167

Annexes :

Legal Service's opinion on ACTA as requested by the INTA committee

Draft consolidated text of the ACTA agreement

Draft January 2010, after Seoul Round

Draft February 2010, after Guadalajara Round

Draft April 2010, after Wellington Round

Consolidated Text prepared for Public release, April 2010

Draft July 2010, after Lucerne Round

Draft August 2010, after DC Round

Consolidated Text, October 2010 after Tokyo Round

Reports of the negotiating rounds

Document Ref. 17/09 (15 January 2009) - Report on 4th Round of Negotiations, Paris 15-18 Dec. 2008

Document Ref. 482/09 (31 July 2009) - Report on 5th Round of Negotiations, Rabat 16-17 July 2009

Document 12 February 2010 - Report on 7th Round of Negotiations, Guadalajara 26-29 January 2010

Notes and internal working papers

Note for the attention of the 133 Committee (24 October 2007) - Recommendation from the Commission to the Council to authorise the Commission to open negotiations of a plurilateral anti-counterfeiting trade agreement (ACTA)

Document Ref. (Council) 7759/08 (26 March 2008) - Recommendation from the Commission to the Council to authorise the Commission to open negotiations of a plurilateral anti-counterfeiting trade agreement

Document Ref. 475/08 (25 September 2008) - Acta Information fiche

Document Ref. 613/08 (21 November 2008) - Issues relating to the Future Institutional Structure of ACTA

Document Ref. 652/08 (5 December 2008) - Issues relating to the Future Institutional Structure of ACTA

Document Ref. 61/09 (4 February 2009) - Internet & Technology Provisions: Questions for discussion

Document Ref. 214/09 (27 March 2009) - Negotiating documents – EU Comments

Document Ref. 236/09 (7 April 2009) - Summary of Key Elements under discussion

Document Ref. 588/09 (30 September 2009) - Acta Internet Chapter

Document Ref. 674/09 (30 October 2009) - Commission's analysis of the US proposal Special Requirements Related to the Enforcement of Intellectual Property Rights in the Digital Environment

Note for the attention of the 133 Committee (12 October 2009) - Draft chapter on Enforcement Procedures in the Digital Environment sent by the US

Note for the attention of the INTA Committee (14 September 2010) - Agenda of 11th round

Note for the attention of the INTA Committee (3 November 2010) - ACTA information regarding next steps

Note for the attention of the INTA Committee (4 November 2010) - Most important innovative aspects of ACTA in comparison with the prevailing international standards, and namely with the TRIPS Agreement

[…]

Attached documents