Activities of Salvatore IACOLINO related to 2010/2080(INI)
Shadow opinions (1)
OPINION Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Delivering an area of freedom, security and justice for Europe's citizens - action plan implementing the Stockholm Programme
Amendments (5)
Amendment 1 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that the Stockholm Programme seeks to create a European area of freedom, security and justice that will guarantee citizens' fundamental rights, including freedom of enterprise so as to develop entrepreneurship in all economic sectors;
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the fact that where the interests of people across Europe are affected, for example in such issues as the fight against potentially dangerous counterfeit products and the illicit trade in firearms, the process of harmonisation of legislation across Europe can be very beneficial; stresses that the process of harmonisation must be carried out in a fully democratic and transparent mannerwith the involvement of the European Parliament; notes that the harmonisation of legislations and of the respective scope of civil law and criminal law on several related matters has become an integral part of discussions in international trade negotiations, and that customs enforcement measures also raise a number of legal issues;
Amendment 6 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that, whereas some counterfeit products constitute a threat to consumers’ interests and safety, and in some cases to public health and the environment, the fight against counterfeiting should not affect access to legitimate, affordable and safe medicinal products; calls upon the Commission, the Council and the Member States to refrain from expanding the definition of the notion of ‘counterfeiting’ beyond the scope of deliberate trademark violations which potentially damage consumers’ interests and safety, public health and the environment, and warns against the parallel expansion of the scope of criminal law; recalls that other IPR violations such as copyright piracy on a non-commercial scale and patent infringements should remain governed by civil law; expresses great concern with regard to the criminalisation of patent infringements, which may be used as an obstacle tolastly, points out that the fight against counterfeiting and intellectual property infringements must not affect legitimate trade in generic medicines;
Amendment 8 #
Draft opinion
Paragraph 4
Paragraph 4
4. Demands that guarantees be given, in the context of customs enforcement, to ensure that fundamental rights, civil liberties and legal obligations with regard to privacy and personal data protection are fully respected; calls for the harmonisation of customs enforcement rules to be implemented in such a way that it does not hinder the legitimate trade flow of generic medicines, including their transitand points out also that the failure to harmonise procedures may act as a non-tariff barrier to trade between the Member States;
Amendment 9 #
Draft opinion
Paragraph 5
Paragraph 5
5. Draws attention to problems linked to the legal uncertainty of commercial exchanges from and to non-EU countries, and to the issue of which jurisdiction is competent for the settlement of a given dispute; in this connection, stresses the importance of cooperation with third countries, including at customs level, particularly those involved in the European Neighbourhood Policy; notes that while principles of private international law do exist, their implementation raises a number of problems primarily affecting consumers and small businesses, who often lack knowledge of their own rights; underlines, besides, the new legal challenges arising from globalisation and the development of Internet transactions; emphasises the need for a coherent approach to be adopted on an international level to avoid consumers and small businesses being punished for this situation.