Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-12-17-Speech-3-477"
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"en.20081217.27.3-477"2
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"Madam President, I would like to thank Mr Susta for his report on the impact of counterfeiting on international trade and, of course, I would also like to thank the Committee on the Internal Market and Consumer Protection. These issues of counterfeiting and piracy really do, as Mrs Korhola has just demonstrated extremely well, deserve all our attention and determination.
Given that RAPEX covers all dangerous consumer products, however, it is not necessarily the most appropriate tool for collecting information on losses caused by counterfeit products.
The European database on accidents, which receives data via the systematic monitoring of physical injuries, collects data on accidents and physical injuries notified by hospital emergency services. The information provided on the causes of physical injuries is, however, sometimes too general, and the level of detail is insufficient to establish whether the injuries were caused by counterfeit products. In addition, the disparities in methods used by the Member States to record the causes of accidents makes statistical comparison and production a difficult exercise, lacking in precision.
It is therefore clear that we ought to work to create rapid exchange networks using national contact points. This approach would make it possible to step up coordination and information sharing between the administrative bodies, the judicial and police authorities, and the sectors of economic activity involved throughout the European Union. On this point, an observatory could be very useful. The Commission is currently looking at the most appropriate practical options for setting up an observatory.
In line with the principle of subsidiarity, Member States have a duty to ensure that products put on sale are all safe and that market surveillance is carried out effectively, but in the past, this surveillance has not been carried out with the same degree of rigour in all Member States. The Commission therefore put forward a regulation on accreditation and market surveillance, which was adopted by the Council in June 2008.
The regulation establishes a common framework in relation to market surveillance. It relates to the system established by the Directive on general product safety, but adds to it. It sets common requirements concerning market surveillance, and all Member States are required to abide by these requirements. The regulation brings in a cooperation mechanism between authorities, at both national and cross-border levels. The mechanism should make it possible to disseminate useful information effectively, for instance, in order to issue an alert regarding the arrival of dangerous products at one of the points of entry.
Last July, the Commission adopted a communication on an industrial property rights strategy for Europe. We would therefore like to put in place an integrated strategy including non-legislative measures to reinforce the application of these provisions. This strategy will make it possible to develop a new action plan relating to customs in order to combat counterfeiting and piracy, and to establish new approaches that will make it possible to improve information collection, promote public awareness-raising campaigns and increase the effectiveness of cooperation networks at all levels.
The Council has stated that it is very much in favour of this approach. On 25 September 2008, it adopted a comprehensive European anti-counterfeiting and anti-piracy plan. This resolution, which lays down the comprehensive European anti-counterfeiting and anti-piracy plan, is a major political signal. This is proof that Member States attach considerable importance to respect for intellectual property rights.
Within this context, the Commission met with the directors-general of the customs authorities of the Member States at a high-level seminar, held in Paris on 25 and 26 November 2008. At the seminar, the broad outlines of a new customs plan to combat counterfeiting for the 2009-2012 period were set out.
This customs plan to combat counterfeiting will be drawn up by the Commission under the forthcoming Czech Presidency. The Commission attaches great importance to the protection of, and proper respect for, intellectual property rights in the markets of non-EU countries. It has set up organised dialogues on issues linked to intellectual property rights with its main trading partners, such as China. The Commission has proposed the introduction of detailed provisions relating to intellectual property rights, targeted more specifically towards the control of their application in bilateral and regional trade agreements.
With regard to awareness-raising and warning consumers of the ever-increasing risks, the Commission believes, of course, that this is a major issue. It is crucial that we can collect and analyse reliable data in order to support our work and allow us to develop effective policies and strategies. Once we have information of a high quality, we will be able to inform and educate consumers without giving rise to distrust or concern in relation to sensitive product lines such as pharmaceutical products or foodstuffs. Member States have an important role to play on this front in making sure information of this kind is exchanged.
The Commission is fully committed to the promotion of a high level of protection for intellectual property and respect for intellectual property in countries outside the EU. In line with Europe’s role in the world and the Commission’s strategy for ensuring that intellectual property rights are respected, we cooperate with partners who share our concerns. This applies to the United States, Japan, the G8 and the OECD countries. We want to make sure that the most modern, most innovative European industrial sectors, those that are most focused on quality, which has been identified as one of our main assets in terms of world competitiveness, are not abused or even ruined by countries outside the EU.
Madam President, I am finishing now. Please excuse me for having been a little lengthy. We wish to support the Member States so that they can contribute more effectively to promoting innovation and protecting consumer health and safety, and we need to take a global approach. That is why the Commission is concentrating its efforts on introducing a mechanism that will make it possible to develop knowledge and cooperation between Member States, consumers and businesses.
You see, Mr Susta, your report comes just at the right moment. This takes us to the heart of a subject which, personally, has always been of great concern to me, that of counterfeiting. We cannot protect an innovative Europe if we do not combat counterfeiting effectively. I therefore thank the European Parliament for the sensitivity it has shown with regard to this major problem. Thank you for your attention. Now, Madam President, I am going to listen closely to the comments of the MEPs.
The European Parliament’s involvement on this issue is welcome. Thank you. The Commission has followed the drafting of Mr Susta’s report, and I thank him for having adopted a very ambitious, constructive position. We take note of the proposals concerning work with China, the use of the WTO dispute mechanism, our tariff preference system and the need to give more help to our small- and medium-sized enterprises.
In several areas, however, the final version of the report represents a backwards step in comparison with the initial approach. Also, the report adopts a more reserved and defensive tone, particularly with regard to ACTA, the Anti-Counterfeiting Trade Agreement. The aim of ACTA is to combat large-scale illegal activities, and to protect the European Union’s innovators. It does not set out to restrict civil liberties or to exert pressure on consumers.
As the Commission has reiterated on many occasions to the European Parliament, ACTA will go no further than the European Union’s current system regarding the enforcement of intellectual property rights. The current system respects fundamental rights and civil liberties, including the protection of personal data. The application of criminal sanctions will have to be negotiated by the European Union’s Presidency on behalf of the Member States.
With regard to the issues put forward by the Committee on the Internal Market and Consumer Protection, I would like to stress that, since the high-level conference held last May with Members of the European Parliament, the Commission has reflected on the most appropriate ways of supporting the Member States, judicial and police authorities, businesses and consumers in their fight against these criminals. It is true that these complex problems are linked to various spheres and fall under the responsibility of various Directorates-General at the Commission. Enhanced cooperation is required.
At the start of this year – and this is important – a unit specialising in the enforcement of industrial and intellectual property rights was set up. I would stress this point. In addition, we need to have a solid knowledge base in order to put in place a permanent strategy for combating counterfeiting and piracy. Here, however, we have a problem: the production of statistics. We need to have statistics to gain a precise idea of the scope and size of the problem. The OECD also emphasised this point in its report entitled ‘The economic impact of counterfeiting and piracy’.
We therefore need to act to ensure that precise, complete information can be collected. Businesses have vital data, but some of these are considered sensitive. It should be said that the only statistics the Member States are obliged to provide are those relating to customs seizures.
Similarly, it is difficult to obtain information on the number of persons that have suffered a loss caused by counterfeit products. Even though systems such as the Community system for the rapid exchange of information on non-food consumer products (RAPEX) provide some elements, they are not complete. The RAPEX system was designed to prevent accidents caused by dangerous products. It is true that counterfeit products could belong to this category. The main advantage of RAPEX is that it allows information on dangerous consumer products found in one Member State to be rapidly communicated to the other Member States and the Commission to prevent other consumers from buying them."@en1
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