(Official Gazette. A΄ 284/22112002)
Harmonization of the Hellenic legislation with the provisions of Directive 98/84 EC of the European Parliament and of the Council of November 20, 1998 for the legal protection of services based on or consisting of the conditional granting of access [subscriber services] (EC L 320/28.11.1998, p. 54).
THE PRESIDENT OF THE HELLENIC REPUBLIC
Considering:
ARTICLE 1
Purpose
With this decree, the existing Hellenic legislation is harmonized with the provisions of Directive 98/84/EC of the European Parliament and of the Council of November 20, 1998 for the legal protection of the services based on or consisting of the conditional granting of ARTICLE 2
Definitions
(article 2 of Directive 98/84/ÅC)
For the application of the provisions of this decree, the following definitions have the meaning as listed below:
a) Protected service: one of the following services, provided that the service is provided under a remuneration and on the basis of conditional access:
aa) television broadcast, as it is defined at the article 2 paragraph a of the P.D 100/2000 (OFFICIAL GAZETTE. 98 A΄),
bb) radio broadcast: the broadcast of radio content to the public by any type of technical method and medium,
cc) every service provided by the information society, comprised in the applications field of paragraph 2, article 2 of the P.D 39/2001 (OFFICIAL GAZETTE. A` 28),
dd) conditional access services to the above mentioned services,
b) conditional access: any technical measure and/or arrangement whereby the access to the protected service in an intelligible form is provided after a specific authorization,
c) conditional access device: any equipment or software designed or adapted in a way as to make possible the access to a protected service in an intelligible form.
d) illegal device: any equipment or software designed or adapted as to allow the access to a protected service without the previous authorization on behalf of the licensee of the protected service. the devices used without the previous authorization of the licensee but in application of paragraphs 5 and 6 of the article 9 of the L. 2644/1998 (OFFICIAL GAZETTE. A` 233) are not considered to be illegal.
e) attendant service: the installation, maintenance or replacement of the devices for the conditional access, as well as the provision of commercial communications services related to these devices or to protected services.
***NOTE: According to paragraph 2 of the article 23 of the L.3166/2003 (OFFICIAL GAZETTE. A 178) the following has been defined: "For the private usage of illegal devices, as these specified in article 2 of p.d. 343/2002 (Official Gazette 284 Á), the provisions of articles 5 and 6 of the abovementioned decree apply accordingly, provided that the user knew or was able to know, according to what is dictated by common experience, that the abovementioned usage or possession constitutes an illegal activity. Also considered a private usage, for the application of this paragraph, is the access into the subscriber services via illegal devices, which are not in the user’s possession, as well as the usage, for any purpose, of legal devices or the access to the subscriber services through legal devices that are not in the possession of or used by the person acquiring the access, thus constituting an encroachment of the content of the approval of the entity of the protected subscriber service."
ARTICLE 3
Free circulation and provision of services
With the prejudice of what is defined in articles 1 to 14 of the L. 2644/1998, the articles 4, 5 and 6 of the present, as well as of the applicable provisions, for the protected services provided within the Greek country, free are considered to be:
a) the provision of protected services or attendant services by a licensee of a different state of the European Union and b) the circulation of the devices for the conditional access
ARTICLE 4
Prohibition of illegal activities
(articles 3 and 4 of Directive 98/84/EC).
The practice of the following activities within the Greek country is forbidden:
a) the manufacture, import, distribution, sale, lease or possession of illegal devices for trading
purposes,
b) the installation, maintenance or replacement of illegal devices for trading purposes,
c) the use of commercial communication methods (such as the filing or broadcasting of
relative promotional messages) for the selling of illegal devices or of the afore mentioned
activities.
Penal and Administrative sanctions
(article 5 of Directive 98/84/EC)
Prior to the issue of the enforcement act for the aforementioned administrative sanction, the person accountable is invited to present in written or in any other handy way his/her outlook regarding the issue, in accordance to the course described at the relevant provisions.
The sanction described at this paragraph is an enforcement order and is collected in accordance to the provisions of the Code of Collection of Public Revenues.
3. In application of the paragraphs 1 and 2, the activity of the cases of. a) and b) of the article 4 constitute a selfcontained violation for any illegal device.
***NOTE: In accordance to paragraph 2 of the article 23 of the L.3166/2003 (OFFICIAL GAZETTE. A’ 178) the following was determined:
"For the private usage of illegal devices, as is specified in article 2 of p.d. 343/2002 (Official Gazette 284 A), the provisions of articles 5 and 6 of the abovementioned decree apply, provided that the user knew or was able to know, according to what is dictated by common experience, that the abovementioned usage or possession constitutes an illegal activity. Also considered a private usage, for the application of this paragraph, is the access into the subscriber services via illegal devices, which are not in the user’s possession, as well as the usage, for any purpose, of legal devices or the access to the subscriber services through legal devices that are not in the possession of or used by the person acquiring the access, thus constituting an encroachment of the content of the approval of the entity of the protected subscriber service."
ARTICLE 6
Legal remedies
(article 5 of Directive 98/84/EC)
***NOTE: According the paragraph 2 of the article 23 of the L.3166/2003 (OFFICIAL GAZETTE. A 178) the following is determined:
"For the private usage of illegal devices, as is specified in article 2 of p.d. 343/2002 (Official Gazette 284 A), the provisions of articles 5 and 6 of the abovementioned decree apply, provided that the user knew or was able to know, according to what is dictated by common experience, that the abovementioned usage or possession constitutes an illegal activity. Also considered a private usage, for the application of this paragraph, is the access into the subscriber services via illegal devices, which are not in the user’s possession, as well as the usage, for any purpose, of legal devices or the access to the subscriber services through legal devices that are not in the possession of or used by the person acquiring the access, thus constituting an encroachment of the content of the approval of the entity of the protected subscriber service."
ARTICLE 7 Entry into force As entry into force of the present decree is set the 29th of May 2000, with the exclusion of
articles 5 and 6, the validity of which starts as soon as the specific is promulgated at the
Official Gazette.
The minister of Press and Mass Media undertakes the responsibility to promulgate and
execute the present decree.
Athens, 14th of November 2002
THE PRESIDENT OF THE HELLENIC REPUBLIC
CONSTANTINE STEFANOPOULOS
THE MINISTERS OF
ECONOMY AND ECONOMICS JUSTICE
NIKOLAOS CHRISTODOULAKIS FILIPPOS PETSALNIKOS TRANSPORTATION AND PRESS AND COMMUNICATIONS MASS MEDIA CHRISTOS VERELIS CHRISTOS PROTOPAPAS