Directive on Conditional Access Services

Subject: Directive on Conditional Access Services
From: Barbara Schleihagen (
Date: to 15 loka   1998 - 14:30:13 EEST

Dear All,

The European Parliament adopted at second reading the report by MEP
Georgios Anastassopoulos (EPP, Greece) on the Directive on the legal
protection of services based on, or consisting of, conditional access. By
adopting the report, the parliament approved the Council's common position
with two amendments. The draft directive is aimed at ensuring adequate
legal protection for TV, radio and information society services for which
remuneration depends on conditional access such as encryption or electronic
locking systems. At first reading, the parliament adopted 24 amendments,
with two main goals:

1. to extent the protection to conditional access services seeking to
protect "economic value" of a service and not only to ensure remuneration
for it (amendments 2,5, 20) and
2. to extend the definition of illicit activities to not only commercial
activities but, more generally, to any activities for direct or indirect
financial gain (amendments 9 and 23).

The Council did not incorporate these amendments into its common position.
The Commission intends to conduct a study to determine whether or not it
would be appropriate to extend legal protection to services using
conditional access for reasons other than to ensure remuneration for them.
Pending possible Commission proposals further to the study that it has
commissioned, the European Parliament only re-introduced two amendments at
second reading, specifying that Member States must provide adequate legal
protection against release on the market of illegal devices used to
circumvent measures to protect the remuneration of a legally provided service.

The recommendation for second reading can be found at:
under no. A4-0325/98.

Barbara Schleihagen

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