HELO,

Har just mailat till gröna gruppen som följer.

Ville bara dela detta för att sätta DFRIs ACTA-följetong https://www.dfri.se/wiki/ep-acta-docs/ i ett sammanhang.

mvh

//Erik

-------- Original Message -------- Subject: Re: How to improve the TTIP negotiations - lessons learnt from ACTA Date: Tue, 30 Jul 2013 19:42:37 +0200 From: JOSEFSSON Erik erik.josefsson@europarl.europa.eu To: Verts/ALE - Groupe Politique, Mep et Assistants dl-verts-ale-all@europarl.europa.eu

On *31 may 2011* we decided to support EDRi's request http://acta.mpbloggar.se/files/2011/05/ACTA_documents_release-1.pdf to the Parliament "that all relevant documents (drafts distributed by the European Commission and associated briefing notes from the Commission) received by the Parliament be published and/or communicated directly to us as soon as possible."

On *7 February 2012* Dany and Rebecca did alert the President of the European Parliament of complaints to the Ombudsman http://lists.act-on-acta.eu/pipermail/hub/2012-February/000085.html regarding access to ACTA-related documents (see our campaign wiki for reference http://act-on-acta.eu/).

But the Parliament refused access, and EDRi consequently pursued its Ombudsman complaint further.

The Ombudsman has now published it's conclusion with regards to EDRi's complaint:

*There has been no maladministration by Parliament.*

But the Ombudsman also added a "Further remark" which should urgently inform the current debate on transparency in the TTIP negotiations:

*Given that Parliament's application of Regulation 1049/2001 is affected by commitments such as the one entered into by the Commission in this case, Parliament, as a political body, could intervene with the Commission and the Council with a view to ensuring that, in future, the very nature of Parliament, which is openly to deliberate on such issues, is not undermined.*

*Link:* http://www.ombudsman.europa.eu/en/cases/decision.faces/en/50947/html.bookmar...

It is clear from the complaint itself and the Ombudsman's further remark that if the TTIP negotiation framework is not radically improved with regards to present, *and future*, public access to documents, there is a serious risk that the very nature of Parliament will be undermined.

As I see it, there are few realistic alternatives than to make Predecisional/Deliberative Drafts available to the public between every negotiation round. http://trade.ec.europa.eu/doclib/docs/2010/april/tradoc_146029.pdf

That's the bitter lesson learnt from EDRi's ACTA complaint.

Best regards.

//Erik

** ** On 06/09/2013 07:36 PM, JOSEFSSON Erik wrote:

Dear all,

Prof. Sean Flynn who wrote one of our two ACTA studies http://rfc.act-on-acta.eu/access-to-medicines has a proposal for Better Process in a submission to his Testimony Prepared for the USTR Hearing on the Transatlantic Trade and Investment Partnership http://infojustice.org/archives/29755:

/*"On process -- a minimum standard should be to abide by the
openness norms of the EU Parliament's March 2010 resolution
<http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-0058+0+DOC+XML+V0//EN&language=EN>,
calling for ACTA text to be shared with the public on an ongoing
basis."*/

As you know, the March 2010 resolution was a result of outstanding preparatory work by our INTA staff and a major breakthrough for the EP in standing up for its treaty right to be immediately and fully informed at all stages of the procedure (218.10 TFEU). It was that breakthrough that provided the basis for the Opinion of the European Academics and for the continued engagement among civil society organisations. This is what I am talking about:

Consolidated Text
Prepared for Public Release
Anti-Counterfeiting Trade Agreement
<http://trade.ec.europa.eu/doclib/docs/2010/april/tradoc_146029.pdf>

*PUBLIC Predecisional/Deliberative Draft: April 2010*
<http://trade.ec.europa.eu/doclib/docs/2010/april/tradoc_146029.pdf>

*This draft text does not identify participants' positions in
respect of square bracketed options.*
<http://trade.ec.europa.eu/doclib/docs/2010/april/tradoc_146029.pdf> 

I believe this particular procedural achievement should be set as an European Standard for how the TTIP negotiations should be conducted.

We don't have a system of accredited corporate lobbyists that pay for access to documents as they have in the US (they have the best democracy money can buy).

*It is impossible to do ANY serious parliamentary work in ITRE, AGRI, ENVI, ECON, etc _based on leaks_.**

---

We, and the EP, have already shown how it is not only legally possible, but also politically necessary, to publish official consolidated intermediary texts.

That would improve radically the chances for the TTIP negotiations to get anywhere without riots in the streets.

Best regards.

//Erik

-- Erik Josefsson Advisor on Internet Policies Greens/EFA Group http://www.greens-efa.eu/36-details/josefsson-erik-138.html GSM: *+32484082063* BXL: PHS 04C075 TEL: +3222832667 SBG: WIC M03005 TEL: +33388173776