Rs 0.784.03 European Convention On January 24, 2001 On The Legal Protection Of Conditional Access Services And Conditional Access Services

Original Language Title: RS 0.784.03 Convention européenne du 24 janvier 2001 sur la protection juridique des services à accès conditionnel et des services d’accès conditionnel

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0.784.03 text original Convention European on the legal protection of conditional access and services concluded in Strasbourg on 24 January 2001 conditional access services approved by the Federal Assembly on December 14, 2004 Instrument of ratification deposited by Switzerland on 11 May 2005 entry into force for the Switzerland September 1, 2005 (status on June 25, 2010) preamble the Member States of the Council of Europe other States and the European Community, signatories to this Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members;
Bearing in mind recommendation No. R (91) 14 of the Committee of Ministers on the legal protection of encrypted television services;
Whereas piracy from receivers of services of encrypted television remains a problem across Europe.
Noting that new types of services and devices of conditional access, as well as new forms of illegal access to these, have emerged since the adoption of the recommendation;
Noting the disparity that exists in the European States in terms of legislation governing the protection of conditional access services and conditional access services;
Noting that illicit access threatens the economic viability by organizations that provide broadcasting and services of the society services of information and, as a result, can affect the diversity of the programs and services offered to the public;
convinced of the need to follow a common policy to protect conditional-access services and conditional access services;
convinced that sanctions criminal, administrative or other can play an effective role in the prevention of illicit activities against services conditional access;
believing that special attention should be paid to the illegal activities that are carried out for commercial purposes;
instruments taking into account existing international legal containing provisions for the protection of conditional access services and conditional access services, have agreed to the following: Section I provisions general art. 1 object and purpose this Convention concerns the information society services and broadcasting services provided for a fee and based on, or consisting in a conditional access. The purpose of this Convention is to make illegal on the territory of the Parties a number of activities that allow an unauthorised access to protected services, and to bring the laws of the Parties in this field.

Art. 2 definitions for the purposes of this Convention: a. "protected service" means one any of the following services, as long as it is supplied against payment and on the basis of conditional access:-services of television programs, as defined in art. 2 of the Convention European on transfrontier television amended;-sound broadcasting services, namely radio programs aimed at the public which are transmitted with or without wire, including by satellite; - services of the society of information, heard as services provided electronically, remote and on request of the recipient of services; - or the provision of conditional to the above services access considered as a service in its own right;

b. 'conditional access' means any measure or any technical device attaching access in a form intelligible, and subject to prior individual authorisation, to one of the services mentioned in the by. This article has; c. 'conditional access device' means any equipment, software or device designed or adapted to allow access under an intelligible form to one of the services mentioned in the by. This article has; d. 'illicit device' means any equipment, software or device designed or adapted to allow access under an intelligible form to one of the services mentioned in the by. a of this article, without the authorization of the service provider.

SR 0.784.405 art. 3 beneficiaries this Convention applies to all natural or legal persons providing a protected service, as defined in art. 2, let. a above, without consideration as to their nationality and to the question of whether they fall within or not within the jurisdiction of a party.

Section II activities illegal art. 4 offences the following activities are regarded as illegal on the territory of a party: a. the manufacturing or production for commercial purposes of illicit devices; b. the importation for commercial purposes of illicit devices; c. the distribution for commercial purposes of illicit devices; d. sale or rental for commercial purposes of illicit devices; e. detention for commercial purposes of illicit devices; f. installation maintenance or replacement for commercial purposes of illicit devices; g. trade promotion, marketing or advertising of illicit devices.

Each party may, at any time, in a declaration addressed to the Secretary General of the Council of Europe, declare that it will make illegal also to activities other than those mentioned in the by. 1 of this article.

Section III Sanctions and remedies art. 5 sanctions punishing the illicit activities of the Parties to adopt measures to make the illicit activities referred to in art. 4 above punishable criminal, administrative or other. These measures are effective, dissuasive and proportionate to the potential impact of the infringing activity.

Art. 6 measures of confiscation the Parties adopt appropriate measures that might be needed to allow the seizure and confiscation of illicit devices or promotional, marketing or advertising material used to commit an offence, as well as the confiscation of all financial gains and profits as a result of the unlawful activity.

Art. 7 civil proceedings the Parties adopt the measures necessary to ensure that providers of services protected whose interests are affected by an illegal activity specified in art. 4 above have access to appropriate remedies, and in particular that they can bring an action for damages and get an injunction or other preventive measure, so that, if necessary, request that illicit devices are eliminated commercial circuits.

Section IV implementation implementation and amendments art. 8 cooperation international. the Parties undertake to grant each other assistance in the implementation of the Convention. The Parties agree each other, in accordance with the provisions of relevant international instruments on international co-operation in the criminal or administrative area and to their domestic law, the broadest measures of cooperation in investigations and legal proceedings relating to criminal or administrative offences established in accordance with this Convention.

Art. 9 multilateral consultations 1. The Parties shall, within a period of two years after the entry into force of this agreement and every two years thereafter, and, in any case, whenever a part request, to consult multilateral within the Council of Europe, to review the application of this Convention, as well as the opportunity of its revision or of an enlargement of some of its provisions in particular with regard to the definitions referred to in art. 2. these consultations will take place at meetings convened by the Secretary General of the Council of Europe.
2. each party may be represented in multilateral consultations by one or more delegates. Each party has a right to vote. Each State party to this Convention shall have a vote. On issues within its competence, the European Community exercises its right to vote and expressed a number of votes equal to the number of its Member States which are Parties to this Convention. The European Community shall not vote when the vote concerns a matter which is not within its jurisdiction.
3. any State referred to in art. 12, by. 1, or the European Community, which is not a party to this Convention, may be represented at the meetings by an observer.
4. after each consultation, the Parties submit to the Committee of Ministers of the Council of Europe a report on the consultation and the functioning of this agreement, including, if they deem it necessary, proposals to amend the Convention.
5. subject to the provisions of this agreement, the Parties establish the rules of procedure of the consultation meetings.

Art. 10 amendments 1. Any party may propose amendments to this Convention.
2. any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall forward it to the States members of the Council of Europe, to the other States parties to the European cultural Convention, the European Community and each non-Member State which has acceded or has been invited to accede to this Convention in accordance with the provisions of art. 13.

3. any amendment proposed in accordance with the provisions of the previous paragraph is examined, within a period of six months after the date of its transmission by the Secretary General at a multilateral consultation meeting where this amendment can be adopted by a majority of two thirds of the States had ratified the Convention.
4. the text adopted by the multilateral consultation meeting is subject to the approval of the Committee of Ministers. After its approval, the text of the amendment is sent to the Parties for acceptance.
5. any amendment comes into force the thirtieth day after all Parties have informed the Secretary General that they have accepted.
6. the Committee of Ministers may, on the basis of a recommendation made by a multilateral consultation meeting, decide, by the majority provided for in art. 20, let. d of the Statute of the Council of Europe and the unanimous vote of the representatives of the Parties entitled to sit on the Committee, that a given amendment will enter into force on the expiry of a period of two years from the date on which it has been submitted for acceptance, unless a party has notified the Secretary General of the Council of Europe an objection to its entry into force. When such an objection has been notified, the amendment will take effect the first day of the month following the date on which the party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.
7. If an amendment has been approved by the Committee of Ministers, but has not yet entered into force in accordance with the provisions of by. 5 or 6 above, a State or the European Community may not express their consent to be bound by the Convention without accepting at the same time this amendment.

RS 0.440.1 RS 0.192.030 art. 11 relationship with other conventions and agreements 1. This Convention does not affect the rights and obligations arising from multilateral international conventions concerning specific issues.
2. the Parties to the Convention may conclude bilateral agreements or multilateral relating to issues dealt with by this Convention, for the purpose of complete or strengthen its provisions to facilitate the application of the principles she devotes.
3. when two or more Parties have already concluded an agreement or Treaty on a subject covered by this Convention, or when they have established their relations on this issue in another way, they will be able to apply the agreement, treaty or arrangement instead of the present Convention, if it facilitates international co-operation.
4. in their mutual relations, Parties which are members of the European Community apply the rules of the community and not so the rules arising from this Convention, insofar as there is no Community rule governing the particular subject concerned.

Section V Clauses finals art. 12 signature and entry into force 1. This Convention is open for signature by the Member States of the Council of Europe and the other States party to the European cultural Convention, as well as that of the European Community. These States and the European Community may express their consent to be bound by: a. signature without reservation of ratification, acceptance or approval; forgotten the source. signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. the instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3. the present Convention will enter into force the first day of the month following the expiration of a period of three months after the date on which three States have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.
4. for any signatory State or the European Community which subsequently expresses its consent to be bound by the Convention, it will enter into force the first day of the month following the expiration of a period of three months after the date of expression of its consent to be bound by the Convention in accordance with the provisions of the by. 1 art. 13 accession of States not members to the Convention 1. After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Parties to the Convention, invite any State which is not mentioned in art. 12, by. 1, to accede to this Convention, by a decision taken by the majority provided for in art. 20.d of the Statute of the Council of Europe and the unanimity of the representatives of the Contracting States entitled to sit on the Committee.
2. for any acceding State, the Convention will be effective the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession by the Secretary General of the Council of Europe.

SR 0.192.030 art. 14 territorial application 1. Any State or the European Community may, at the time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, designate any territories to which this Convention would apply.
2. any State or the European Community may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the statement. The Convention will enter into force with respect to that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. any declaration made under the two preceding paragraphs may be withdrawn, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Art. 15 reservations no reservations may be made to this Convention.

Art. 16 settlement of disputes any dispute between the Parties on the interpretation or application of this Convention, the Parties shall endeavour to reach an amicable settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal which will make decisions which bind the Parties to the dispute.

Art. 17 denunciation 1. Any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
2. the denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Art. 18 notifications scope on June 25, 2010, the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, to the other States parties to the European cultural Convention, the European Community and any State which has acceded to this Convention: a. any signature in accordance with art. 12; b. the deposit of any instrument of ratification, acceptance, approval or accession in accordance with the art. 12 and 13; c. any date of entry into force of this Convention in accordance with the art. 12 and 13; (d) any declaration made under art. 4; e. any proposal for amendment made under art. 10; f. any other Act, notification or communication relating to this Convention.

In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, 24 January 2001, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will communicate certified copy to each of the Member States of the Council of Europe, to the other States parties to the European cultural Convention, the European Community and any State invited to accede to this Convention.
(Follow signatures)

Application scope 25 June 2010 States parties Ratification entry into force Bosnia and Herzegovina may 5, 2010 1 September 2010 Bulgaria 17 July 2003 November 1, 2003 Cyprus November 27, 2002 July 1, 2003 Croatia, on July 4, 2007 November 1, 2007 France September 1, 2006 January 1, 2007 Moldova * March 26, 2003 July 1, 2003 Netherlands 23 January 2004 1 May 2004 Romania August 26, 2002 July 1, 2003 Switzerland may 11, 2005 September 1, 2005 * reservations and declarations.

Reservations and declarations are not published to the RO. Texts in french and English will be available at the address of the Council of Europe website: http://conventions.coe.int/treaty/FR/cadreprincipal.htm or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The Convention applies to the Kingdom in Europe.

2006 247 RO; FF 2004 1937 RO 2006 245 RO 2006 255 and 2010 3433 a version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

State June 25, 2010

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