Sir, I reply to your letter of 25/02/2012 in which you had invited me to take position against ACTA at its presentation

for approval before the EP next June (excuse the initials it's just quicker;) ). The number of people that adhered to the petition joined to your letter testify to a great interest of the European citizens in the EU but also to the worry that the EU's approval of ACTA entails. Article 2 of the Treaty on the EU states that the Union is based on the values of respect of human dignity, of freedom, democracy, equality, the rule of Law as the respect of Human Rights, including those of persons belonging to minorities. These values are common to member States in a society characterised by pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women. With the Lisbon Treaty, the EU has given the Charter of fundamental rights the same value as the treaties. This document, has a second chapter entitled Freedoms , in which are expressly guaranteed, among others, the respect of personal data (article 8) and the freedom of conscience and of creed (article 10). Furthermore, the approval the the EP is now necessary to close any international agreement relevant to fields belonging to the sphere of ordinary legal procedure. Sole institution directly and democratically elected, the EU sees that rights and freedoms be upheld and promoted within the EU as beyond its borders. Thus, it is its duty to ensure the full respect of fundamental rights and to prevent any alteration therein. However these do not seem to be in peril here. Indeed, ACTA contains a large number of safeguards that notably aim to preserve freedom of expression, respect of private life and neutrality of the Internet. Hence, if the agreement stipulates that the IAPs will be able to put an end to a violation of an IPR (intellectual property right), it notes they will only be able to do so after a national jurisdiction has endorsed a decision to that end. The risk you mention of seeing the actors of the Internet transformed into a private police by the will of ACTA to increase their responsibility before the counterfeits committed by their users is to be tempered. Indeed, current European Law (the ecommerce directive) expressedly determines that the IAPs can be held responsible for illegal activity or information only under certain conditions. The ECJ in a 2010 ruling, l'Oreal .v. eBay , defined this principle once more. The respect of private life is also guaranteed since the disclosure of personal data by the IAPs to the IPR holders planned by ACTA is submitted yp the existence of a decision rendered by a competent authority. AXTA even defines what type of authority can give such an instruction : the judicial or administrative authorities or those endowed with the application of the law in accordance to the legislation of one of the parties . in other words, the supplier will in no way be able to take on his own initiative the decision to disclose personal data. Such are the elements that I wished to bring to your understanding Yours,