Study on the economic potential of cross-border pay-to-view audiovisual media services
TNS opinion, Plum, the futures company - Study prepared on behalf of the European Commission – January 2012
Article 3 of the Treaty establishing the European Community assigned the European Community the task of ensuring the creation of an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital.
Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access was adopted in order to bring the national provisions on the above services into line with a view to achieving the objectives of the single market in terms of the free movement of goods and services.
Article 7 of the Directive stipulates that not later than three years after the entry into force of this Directive, and every two years thereafter, the Commission is to present a report to the European Parliament, the Council and the Economic and Social Committee concerning the implementation of this Directive.
11.02.2008 - The Commission launches a vast consultation on services protected by conditional-access systems
Study on the impact of the Conditional Access Directive
KEA and CERNA – Study prepared on behalf of the European Commission – December 2007
Directive 98/84/EC on the legal protection of conditional access services aims to provide a minimum level of equivalent protection within the EU of electronic pay-services against piracy by prohibiting all commercial manufacturing, distribution and marketing activities related to pirate smart cards and other devices circumventing the access protection of pay-TV, radio and internet services.
- Decision of the EEA Joint Committee Nr 17/2001 of 28 February 2001 amending Annexes X (Audiovisual services) and XI (Telecommunication services) to the EEA Agreement, in all languages
National Implementation of Directive 98/84/EC
Report on the functioning of Directive 98/84/EC
Article 7 of the Directive provides that, not later than three years after the entry into force of the Directive, and every two years thereafter, the Commission shall submit a report to the European Parliament, the Council and the Economic and Social Committee concerning the implementation of the Directive accompanied, where appropriate, by proposals, in particular as regards the definitions under Article 2, for adapting it in the light of technical and economic developments and of the consultations carried out by the Commission.
The First Report deals with the implementation of the Directive since its adoption in November 1998 through to the end of 2002.
The report describes and analyses the salient facts relating to the key provisions of the Directive and their implementation in national legislation. The report is based upon the transposition information provided by Member States as well as the views expressed by market players, in particular on the development of piracy and the enforcement by national authorities, and the Commission’s own views and analysis. It also takes account of the results of an independent study commissioned in 1999 on the use of conditional access for reasons other than the protection of remuneration.
Council of Europe Instruments
Convention Nr 178 on the legal protection of conditional access services
- The Council of Europe adopted the Convention on 24 January 2001 and it entered into force on 1 July 2003. Adopted three years after the EU Directive, its provisions are similar: parties have to put in place sanctions against piracy of protection systems – like decoders, smart cards, or software – which filter access to content on the condition of payment. The Commission now calls for the ratification of this Convention that would extend the similar provisions of the EU Directive to the 47 Member States of the Council of Europe and adopted on 15/12/2010 two draft Council decisions in order for the European Union to sign and conclude the Convention Nr 178 on the legal protection of conditional access services.
Proposal for a Council Decision concerning the signing of the European Convention on the legal protection of services based on, or consisting of, conditional access
Commission Staff Working Paper – Comparative chart
- Proposal for a Council Decision concerning the conclusion of the European Convention on the legal protection of services based on, or consisting of, conditional access
- Recommendation R(91)14 on the legal protection of encrypted television services