Consumer groups call for condemnation of ACTA independent of ECJ

Health-related consumer groups Health Action International (HAI) Europe, Oxfam, Medecins Sans Frontieres (MSF) and the Trans Atlantic Consumer Dialogue (TACD) have issued a call for European Union parliamentarians to condemn the Anti-Counterfeiting Trade Agreement ( ACTA) independently of the European Court of Justice (ECJ) referral.

On February 22, the European Commission announced its intent to ask the ECJ for an opinion on the conformity of the Anti-Counterfeiting Trade Agreement with fundamental freedoms. Having denied the need for any legal or impact assessment before, the Commission has resorted to this referral in an attempt to deflect growing protests and avoid ACTA being definitively rejected by national governments and the European Parliament.

The ECJ referral will only assess ACTA’s compatibility with EU Treaty law and not with obligations under international agreements in relation to access to medicines, the consumer groups contend. This limited legal assessment under the ECJ referral does not assess fundamental political questions the ACTA raises for its lack of accountability and transparency, the bypassing of multilateral forums, and its impact on access to medicines. These concerns remain, whatever the outcome of the ECJ test, and policy makers should act on these concerns.