They can be, but the point remains that it is not US tariffs forcing Europe into them - it is the doing of their own governments (whose preferences should not be confused with those of their citizens).
The assumption underlying this is that the governments that implement the WIPO treaty are doing so without duress or threat of tariffs from the United States which may or may not be true. We'll never know.
But what we do know is that the EU has recently put regulations in place that allow them to curtail the IP privileges given to companies in countries that they feel economically threatened by.