2010/0361(NLE)
Legal protection of services based on, or consisting of, conditional access. European Convention
| CULT | IMCO | ITRE | JURI | LIBE | |
| Lead Rapporteur | LEHNE Klaus-Heiner (EPP) | ||||
| Opinion Rapporteur(s) |
Legal basis: TFEU TFEU 207-p4 , TFEU TFEU 218-p6a
Awaiting Parliament 1st reading / single reading / budget 1st stage
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | CULT | ||
| Opinion | IMCO | ||
| Opinion | ITRE | ||
| Lead | JURI | LEHNE Klaus-Heiner (EPP) | |
| Opinion | LIBE |
Legal Basis TFEU TFEU 207-p4, TFEU TFEU 218-p6a
Activites
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2012/05/31
Vote scheduled in committee, 1st reading/single reading
- 2012/03/15 Committee referral announced in Parliament, 1st reading/single reading
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2012/02/14
Legislative proposal
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05651/2012
summary
PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union.
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05651/2012
summary
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2012/02/14
Legislative proposal published
-
05651/2012
summary
PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union.
- DG {u'url': u'http://ec.europa.eu/dgs/internal_market/', u'title': u'Internal Market and Services'}, BARNIER Michel
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05651/2012
summary
- 2011/11/14 Document attached to the procedure
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2010/12/15
Initial legislative proposal
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COM(2010)0755
summary
PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.
- DG {u'url': u'http://ec.europa.eu/dgs/internal_market/', u'title': u'Internal Market and Services'}, BARNIER Michel
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COM(2010)0755
summary
Documents
- Initial legislative proposal published: COM(2010)0755
- Document attached to the procedure: 16275/2011
- Legislative proposal: 05651/2012
- Legislative proposal published: 05651/2012
History
(these mark the time of scraping, not the official date of the change)
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PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget. New
PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget. |
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PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget. New
PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget. |
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PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union. New
PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union. |
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PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union. New
PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union. |
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PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget. New
PURPOSE: to approve the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASE: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: 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. This 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. The 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. In 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. The negotiations were successful and the Convention was adopted on 24 January 2001 and entered into force on 1 July 2003. The 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. The 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. Consequently, 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. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget. |
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OBJECTIF : conclusion, au nom de l'Union, de la Convention européenne sur la protection juridique des services à accès conditionnel et des services d'accès conditionnel. ACTE PROPOSÉ : Décision du Conseil. BASE JURIDIQUE : article 114, en liaison avec l'article 218, paragraphe 6, point a) v) du TFUE. CONTENU : le 16 juillet 1999, le Conseil a autorisé la Commission à négocier au sein du Conseil de l'Europe, au nom de la Communauté européenne, une Convention sur la protection juridique des services à accès conditionnel et des services d'accès conditionnel. La Convention européenne sur la protection juridique des services à accès conditionnel et des services d'accès conditionnel a été adoptée par le Conseil de l'Europe le 24 janvier 2001 et est entrée en vigueur le 1er juillet 2003. La Convention met en place un cadre réglementaire qui est quasiment identique à celui établi par la directive 98/84/CE du Parlement européen et du Conseil concernant la protection juridique des services à accès conditionnel et des services d'accès conditionnel. En adoptant la directive 98/84/CE, l'Union a exercé sa compétence interne dans les domaines couverts par la Convention sauf en ce qui concerne ses articles 6 et 8, dans la mesure où l'article 8 concerne les mesures visées à l'article 6. La Convention devrait donc être approuvée tant par l'Union que par ses États membres. Á ce propos, une Déclaration relative à la répartition des compétences entre l'Union et les États membres figure en annexe du projet de décision du Conseil. Le 21 décembre 2011, conformément à la décision 2011/853/UE du Conseil, la Convention a été signée au nom de l'Union. La conclusion de la Convention contribuerait à étendre l'application de dispositions similaires à celles de la directive 98/84/CE au-delà des frontières de l'Union et mettrait en place une législation sur les services à accès conditionnel qui serait applicable sur l'ensemble du continent européen. En conséquence, il est proposé d'approuver la Convention au nom de l'Union. New
PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union. |
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Protection juridique des services à accès conditionnel et des services d'accès conditionnel. Convention européenneNew
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PURPOSE: to conclude, on behalf of the European Union, the European Convention on the legal protection of services based on, or consisting of, conditional access. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: on 16 July 1999, the Council authorised the Commission to negotiate in the Council of Europe, on behalf of the European Community, a convention on the legal protection of services based on, or consisting of, conditional access. The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted on 24 January 2001 and entered into force on 1 July 2003. The Convention establishes a regulatory framework almost identical to Directive 98/84/EC of the European Parliament and of the Council on the legal protection of services based on, or consisting of, conditional access. By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore approved both by the Union and its Member States. A Declaration concerning the division of competences between the Union and its Member States is included in the Annex to this draft Council Decision. On 21 December 2011, in accordance with Council Decision 2011/853/EU, the Convention was signed on behalf of the Union. The conclusion of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent. The Convention should be approved on behalf of the Union. New
OBJECTIF : conclusion, au nom de l'Union, de la Convention européenne sur la protection juridique des services à accès conditionnel et des services d'accès conditionnel. ACTE PROPOSÉ : Décision du Conseil. BASE JURIDIQUE : article 114, en liaison avec l'article 218, paragraphe 6, point a) v) du TFUE. CONTENU : le 16 juillet 1999, le Conseil a autorisé la Commission à négocier au sein du Conseil de l'Europe, au nom de la Communauté européenne, une Convention sur la protection juridique des services à accès conditionnel et des services d'accès conditionnel. La Convention européenne sur la protection juridique des services à accès conditionnel et des services d'accès conditionnel a été adoptée par le Conseil de l'Europe le 24 janvier 2001 et est entrée en vigueur le 1er juillet 2003. La Convention met en place un cadre réglementaire qui est quasiment identique à celui établi par la directive 98/84/CE du Parlement européen et du Conseil concernant la protection juridique des services à accès conditionnel et des services d'accès conditionnel. En adoptant la directive 98/84/CE, l'Union a exercé sa compétence interne dans les domaines couverts par la Convention sauf en ce qui concerne ses articles 6 et 8, dans la mesure où l'article 8 concerne les mesures visées à l'article 6. La Convention devrait donc être approuvée tant par l'Union que par ses États membres. Á ce propos, une Déclaration relative à la répartition des compétences entre l'Union et les États membres figure en annexe du projet de décision du Conseil. Le 21 décembre 2011, conformément à la décision 2011/853/UE du Conseil, la Convention a été signée au nom de l'Union. La conclusion de la Convention contribuerait à étendre l'application de dispositions similaires à celles de la directive 98/84/CE au-delà des frontières de l'Union et mettrait en place une législation sur les services à accès conditionnel qui serait applicable sur l'ensemble du continent européen. En conséquence, il est proposé d'approuver la Convention au nom de l'Union. |
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| procedure/legal_basis/0 | deleted | Treaty on the Functioning of the EU TFEU 207-p4 | |
| procedure/legal_basis/1 | added | TFEU 218-p6a | |
| procedure/legal_basis/1 | deleted | Treaty on the Functioning of the EU TFEU 218-p6a | |
| procedure/legal_basis/1 | added | Treaty on the Functioning of the EU TFEU 218-p6a | |
| procedure/legal_basis/1 | deleted | Treaty on the Functioning of the EU TFEU 218-p6a-aa | |
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