Following my article yesterday, the European Commission has been given a statement as to whether it will sign ACTA this Saturday. Its answer is no!
The statement obtained by Out-law.com confirms my views, posted yesterday morning -Will the European Commission go to the ACTA party? but also clarifies the position as to whether the Commission can sign ACTA before the European Parliament has consented. This is because the European Commission has not yet
completed the ‘relevant processes’ and therefore cannot sign. However, it seems the ‘relevant processes’ are to get translations of ACTA into all the EU languages, and this may take another couple of months.
The Commission is suggesting that ACTA can be signed before Parliament gives its consent. My understanding was that the Treaty requires consent prior to signature. Perhaps further legal clarification is required.
"The EU has not yet completed its internal procedures authorising the signature, therefore it will not be signing ACTA at this event," the Commission spokesperson said in a statement. "Neither will Mexico and Switzerland, since they did not conclude their domestic proceedings."
"For the EU, the domestic process for signature is that the Council [of Ministers] adopts a decision authorising a EU representative to sign ACTA. Since this required the translation of the treaty in all the EU languages, such decision has not yet been adopted. It may still require a couple of months for the EU to be able to sign ACTA. After the signature, the European Parliament will have to vote its consent of ACTA," it said
Please attribute this article: Monica Horten (2011) Commission confirms it will not sign ACTA yet http://www.iptegrity.com 28 September 2011 .