{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T00:06:33":[{"data":[{"body":"EC","commission":[{"Commissioner":"BARNIER Michel","DG":{"title":"Internal Market and Services","url":"http://ec.europa.eu/dgs/internal_market/"}}],"date":"2010-12-15T00:00:00","docs":[{"celexid":"CELEX:52010PC0755:EN","text":["
PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access.
\nPROPOSED ACT: Council Decision.
\nLEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU).
\nIMPACT ASSESSMENT: no impact assessment was carried out.
\nCONTENT: on 20 November 1998, the Council and the European Parliament adopted Directive 98/84/EC on the legal protection of services based on, or consisting of, conditional access.
\nThis Directive created a common EU legal framework for combating illicit devices which allow unauthorised access to television services offered against payment and for the effective protection of such services. This protection covers both television and radio broadcasting services and transmission by internet.
\nThe primary objective of this Directive was to provide legal protection to all services for which payment depends on conditional access, i.e. access to the protected service is made conditional upon prior individual authorisation. More specifically, this protection consists of declaring unlawful all commercial activity relating to equipment which allows or facilitates access to services without authorisation or payment to the provider, and establishing sanctions.
\nIn 1999, the Council of Europe started to draft a European convention on the legal protection of services based on, or consisting of, conditional access. The Council therefore authorised the Commission to represent the European Community in the negotiations on the Convention.
\nThe negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003.
\nThe Convention establishes a regulatory framework almost identical to Directive 98/84/EC. The wording of the two texts differs slightly in places. For instance, the Convention not only defines as a criminal offence the manufacture of illicit devices but also their production. It also gives a clearer definition of the sanctions established for activities defined as unlawful, since it describes them as penal, administrative or other.
\nThe Convention is open for participation by the European Union. The Commission indicated that the signing of the Convention by the European Union should encourage broader ratification by the Member States of the Council of Europe and thus make it possible to extend legal protection for services based on conditional access beyond the borders of the EU.
\nConsequently, the Commission recommends that the Council conclude this convention, as it will make it possible to extend the scope of the legal framework established by Directive 98/84/EC and thus make it possible to effectively combat threats to protected services.
\nBUDGETARY IMPLICATION: this proposal has no implication for the EU budget. \n\t\t \t\t\t\t\t\t
PURPOSE: to conclude, on behalf of the European\nUnion, the European Convention on the legal protection of services\nbased on, or consisting of, conditional access.
\nPROPOSED ACT: Council Decision.
\nLEGAL BASIS: Article\n207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on\nthe Functioning of the European Union (TFEU).
\nCONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the\nCouncil of Europe, on behalf of the European Community, a\nconvention on the legal protection of services based on, or\nconsisting of, conditional access.
\nThe European Convention on the legal protection of\nservices based on, or consisting of, conditional access was adopted\non 24 January 2001 and entered into force on 1 July 2003. The\nConvention establishes a regulatory framework almost identical to\nDirective 98/84/EC of the\nEuropean Parliament and of the Council on the legal protection of\nservices based on, or consisting of, conditional access.
\nBy adopting Directive 98/84/EC, the Union has\nexercised its internal competence in the fields covered by the\nConvention except as regards Articles 6 and 8 thereof, insofar as\nArticle 8 relates to the measures under Article 6. The Convention\nshould be therefore approved both by the Union and its Member\nStates. A Declaration concerning the division of competences\nbetween the Union and its Member States is included in the Annex to\nthis draft Council Decision.
\nOn 21 December 2011, in accordance with Council\nDecision 2011/853/EU, the Convention was signed on behalf of the\nUnion.
\nThe conclusion of the Convention would help to extend\nthe application of provisions similar to those in Directive\n98/84/EC beyond the borders of the Union and establish a law on\nservices based on conditional access which would be applicable\nthroughout the European continent.
\nThe Convention\nshould be approved on behalf of the Union.
\nThe Committee on Legal Affairs adopted the report by\nPavel SVOBODA (EPP, CZ) on the draft Council decision on the\nconclusion, on behalf of the European Union, of the European\nConvention on the legal protection of services based on, or\nconsisting of, conditional access.
\nThe committee recommended that Parliament give its\nconsent to the conclusion of the Convention.
\nThe European Convention on the legal protection of\nservices based on, or consisting of, conditional access was adopted\non 24 January 2001 and entered into force on 1 July\n2003.
\nThe Convention establishes a regulatory framework\nalmost identical to Directive 98/84/EC of the European Parliament\nand of the Council on the legal protection of services based on, or\nconsisting of, conditional access.
\nThe conclusion of the Convention would send out a\nstrong signal in favour of this Convention, thereby helping to\nextend the provisions of Directive\n98/84/EC beyond the borders of the EU, and would establish\nlegislation on services based on conditional access which would be\napplicable throughout the continent of Europe.
\nThe European Parliament adopted by 622 votes to 53\nwith 7 abstentions, a legislative resolution on the conclusion, on\nbehalf of the European Union, of the European Convention on the\nlegal protection of services based on, or consisting of,\nconditional access.
\nFollowing the\nrecommendation of its Legal Affairs Committee, Parliament gave its\nconsent to the conclusion of the Convention.
\nPURPOSE: to conclude, on behalf of the Union, the\nEuropean Convention on the legal protection of services based on,\nor consisting of, conditional access.
\nNON LEGISLATIVE ACT: Council Decision (EU) 2015/1293\non the conclusion, on behalf of the European Union, of the European\nConvention on the legal protection of services based on, or\nconsisting of, conditional access.
\nCONTENT: by this Decision, the European\nConvention on the legal protection of services based on, or\nconsisting of, conditional access is approved on behalf of\nthe Union.
\nThe European Convention on the legal protection of\nservices based on, or consisting of, conditional access was adopted\nby the Council of Europe on 24 January 2001 and entered into force\non 1 July 2003. It establishes a regulatory framework that is\nalmost identical to that set out in Directive\n98/84/EC of the European Parliament and of the\nCouncil.
\nOn 21 December 2011, the Convention was signed on\nbehalf of the Union on the basis of Council Decision 2011/853/EU,\nwhich has since been replaced by Council\nDecision 2014/243/EU. The conclusion of the Convention could\nhelp to extend the application of provisions similar to those in\nDirective 98/84/EC beyond the borders of the Union, and establish a\nlaw on services based on conditional access, which would be\napplicable throughout the European continent.
\nIn a Statement annexed to the Decision, the EU,\nwhile fully recognising the objectives pursued by the European\nConvention expresses its concern regarding the application of\nArticle 9 and Article 10(3) of the Convention, following the\naccession of the Union thereto, on the basis of its exclusive\ncompetence.
\nENTRY INTO FORCE :\n20.7.2015.
\nPURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access.
\nPROPOSED ACT: Council Decision.
\nLEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU).
\nIMPACT ASSESSMENT: no impact assessment was carried out.
\nCONTENT: on 20 November 1998, the Council and the European Parliament adopted Directive 98/84/EC on the legal protection of services based on, or consisting of, conditional access.
\nThis Directive created a common EU legal framework for combating illicit devices which allow unauthorised access to television services offered against payment and for the effective protection of such services. This protection covers both television and radio broadcasting services and transmission by internet.
\nThe primary objective of this Directive was to provide legal protection to all services for which payment depends on conditional access, i.e. access to the protected service is made conditional upon prior individual authorisation. More specifically, this protection consists of declaring unlawful all commercial activity relating to equipment which allows or facilitates access to services without authorisation or payment to the provider, and establishing sanctions.
\nIn 1999, the Council of Europe started to draft a European convention on the legal protection of services based on, or consisting of, conditional access. The Council therefore authorised the Commission to represent the European Community in the negotiations on the Convention.
\nThe negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003.
\nThe Convention establishes a regulatory framework almost identical to Directive 98/84/EC. The wording of the two texts differs slightly in places. For instance, the Convention not only defines as a criminal offence the manufacture of illicit devices but also their production. It also gives a clearer definition of the sanctions established for activities defined as unlawful, since it describes them as penal, administrative or other.
\nThe Convention is open for participation by the European Union. The Commission indicated that the signing of the Convention by the European Union should encourage broader ratification by the Member States of the Council of Europe and thus make it possible to extend legal protection for services based on conditional access beyond the borders of the EU.
\nConsequently, the Commission recommends that the Council conclude this convention, as it will make it possible to extend the scope of the legal framework established by Directive 98/84/EC and thus make it possible to effectively combat threats to protected services.
\nBUDGETARY IMPLICATION: this proposal has no implication for the EU budget. \n\t\t \t\t\t\t\t\t
PURPOSE: to conclude, on behalf of the European\nUnion, the European Convention on the legal protection of services\nbased on, or consisting of, conditional access.
\nPROPOSED ACT: Council Decision.
\nLEGAL BASIS: Article\n207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on\nthe Functioning of the European Union (TFEU).
\nCONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the\nCouncil of Europe, on behalf of the European Community, a\nconvention on the legal protection of services based on, or\nconsisting of, conditional access.
\nThe European Convention on the legal protection of\nservices based on, or consisting of, conditional access was adopted\non 24 January 2001 and entered into force on 1 July 2003. The\nConvention establishes a regulatory framework almost identical to\nDirective 98/84/EC of the\nEuropean Parliament and of the Council on the legal protection of\nservices based on, or consisting of, conditional access.
\nBy adopting Directive 98/84/EC, the Union has\nexercised its internal competence in the fields covered by the\nConvention except as regards Articles 6 and 8 thereof, insofar as\nArticle 8 relates to the measures under Article 6. The Convention\nshould be therefore approved both by the Union and its Member\nStates. A Declaration concerning the division of competences\nbetween the Union and its Member States is included in the Annex to\nthis draft Council Decision.
\nOn 21 December 2011, in accordance with Council\nDecision 2011/853/EU, the Convention was signed on behalf of the\nUnion.
\nThe conclusion of the Convention would help to extend\nthe application of provisions similar to those in Directive\n98/84/EC beyond the borders of the Union and establish a law on\nservices based on conditional access which would be applicable\nthroughout the European continent.
\nThe Convention\nshould be approved on behalf of the Union.
\nThe Committee on Legal Affairs adopted the report by\nPavel SVOBODA (EPP, CZ) on the draft Council decision on the\nconclusion, on behalf of the European Union, of the European\nConvention on the legal protection of services based on, or\nconsisting of, conditional access.
\nThe committee recommended that Parliament give its\nconsent to the conclusion of the Convention.
\nThe European Convention on the legal protection of\nservices based on, or consisting of, conditional access was adopted\non 24 January 2001 and entered into force on 1 July\n2003.
\nThe Convention establishes a regulatory framework\nalmost identical to Directive 98/84/EC of the European Parliament\nand of the Council on the legal protection of services based on, or\nconsisting of, conditional access.
\nThe conclusion of the Convention would send out a\nstrong signal in favour of this Convention, thereby helping to\nextend the provisions of Directive\n98/84/EC beyond the borders of the EU, and would establish\nlegislation on services based on conditional access which would be\napplicable throughout the continent of Europe.
\nThe European Parliament adopted by 622 votes to 53\nwith 7 abstentions, a legislative resolution on the conclusion, on\nbehalf of the European Union, of the European Convention on the\nlegal protection of services based on, or consisting of,\nconditional access.
\nFollowing the\nrecommendation of its Legal Affairs Committee, Parliament gave its\nconsent to the conclusion of the Convention.
\nPURPOSE: to conclude, on behalf of the Union, the\nEuropean Convention on the legal protection of services based on,\nor consisting of, conditional access.
\nNON LEGISLATIVE ACT: Council Decision (EU) 2015/1293\non the conclusion, on behalf of the European Union, of the European\nConvention on the legal protection of services based on, or\nconsisting of, conditional access.
\nCONTENT: by this Decision, the European\nConvention on the legal protection of services based on, or\nconsisting of, conditional access is approved on behalf of\nthe Union.
\nThe European Convention on the legal protection of\nservices based on, or consisting of, conditional access was adopted\nby the Council of Europe on 24 January 2001 and entered into force\non 1 July 2003. It establishes a regulatory framework that is\nalmost identical to that set out in Directive\n98/84/EC of the European Parliament and of the\nCouncil.
\nOn 21 December 2011, the Convention was signed on\nbehalf of the Union on the basis of Council Decision 2011/853/EU,\nwhich has since been replaced by Council\nDecision 2014/243/EU. The conclusion of the Convention could\nhelp to extend the application of provisions similar to those in\nDirective 98/84/EC beyond the borders of the Union, and establish a\nlaw on services based on conditional access, which would be\napplicable throughout the European continent.
\nIn a Statement annexed to the Decision, the EU,\nwhile fully recognising the objectives pursued by the European\nConvention expresses its concern regarding the application of\nArticle 9 and Article 10(3) of the Convention, following the\naccession of the Union thereto, on the basis of its exclusive\ncompetence.
\nENTRY INTO FORCE :\n20.7.2015.
\n