The European Commission (EC) has released its second report on the implementation of Directive 98/84/EC of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access, concluding that it is necessary to maintain protection of conditional access services, specifically to combat the new forms of piracy, the deterrent nature of the sanctions in place, and additionally to implement measures which encourage the establishment of a true single market for conditional access services.
The EC's report is supported by a study, which was carried out in 2007 by KEA and Cerna on the impact of the directive, by the contributions made at the public consultation, held between 11 February and 4 April, 2008, in addition to the positions expressed in meetings held between the Commission and the sector's operators.
Having examined the data, the European Commission notes that the overall implementation of the directive, including in the new Member States, has led not only to a reduction in piracy in the European Union but also to a change in its geographic scope. However, the effectiveness of the implementation of the Directive is affected by its implementation at national level, due to the low level of sanctions, as well as to the fact that national authorities are unable to monitor the ongoing technological advances in the sector. Furthermore, it is concluded that, in terms of the free movement of services, legitimate cross-border supply grew very little in comparison to the ''grey market''.
As a result, EC proposes the creation, by the end of 2008, of a group of experts on conditional access, designated by Member States, seeking mutual cooperation and cooperation with the Commission as well as the discussion of issues related to the implementation of the Directive and the current use of conditional access systems.
The Commission will also propose to the Council that it ratify the European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access due to the significant potential that this offers for the international expansion of the protection of these services.
Further information:
Commission Report COM (2008) 593 Finalhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0593:FIN:EN:PDF
Protection of pay-TV services: Europe-wide protection against conditional-access piracy still indispensable, says Commission reporthttp://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1462&format=HTML&aged=0&language=EN&guiLanguage=en
European Commission website on the Internal Markethttp://ec.europa.eu/internal_market/media/elecpay/index_en.htm
Related information on ANACOM's website:
EC public consultation on conditional access serviceshttps://www.anacom.pt/render.jsp?contentId=559554
