From Act-on-ACTA

MOTION FOR A RESOLUTION

pursuant to Rule 90(6) of the Rules of Procedure

on the compatibility of the Anti-Counterfeiting Trade Agreement (ACTA) with the Treaties

tabled by

Rebecca Harms and Jan Philipp Albrecht

on behalf of the Verts/ALE Group

European Parliament resolution requesting an opinion from the Court of Justice on the compatibility of the Anti-Counterfeiting Trade Agreement (ACTA) with the Treaties

The European Parliament,

– having regard to the Anti-Counterfeiting Trade Agreement (ACTA) opened for signature on 1 May 2011,

– having regard to Article 218(11) of the Treaty on the Functioning of the European Union,

– having regard to Rule 90(6) of its Rules of Procedure,

A. whereas the Anti-Counterfeiting Trade Agreement (ACTA) would have legal implications in several fields falling under the legislative competence of the European Parliament, including new ones, such as criminal law,

B. whereas it is essential to guarantee legal certainty in order to avoid issues of compatibility with the Treaties arising during or after the ratification of this agreement,

1. Decides to seek an opinion from the Court of Justice on the compatibility of the abovementioned agreement with the Treaties;

2. Instructs its President to forward this resolution to the Council and Commission for information and to take the measures necessary to obtain such an opinion from the Court of Justice.