European Convention on the legal protection of services based on, or consisting of, conditional access

PURPOSE: to conclude, on behalf of the Union, the European Convention on the legal protection of services based on, or consisting of, conditional access.

NON LEGISLATIVE ACT: Council Decision (EU) 2015/1293 on the conclusion, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access.

CONTENT: by this Decision, the European Convention on the legal protection of services based on, or consisting of, conditional access is approved on behalf of the Union.

The European Convention on the legal protection of services based on, or consisting of, conditional access was adopted by the Council of Europe on 24 January 2001 and entered into force on 1 July 2003. It establishes a regulatory framework that is almost identical to that set out in Directive 98/84/EC of the European Parliament and of the Council.

On 21 December 2011, the Convention was signed on behalf of the Union on the basis of Council Decision 2011/853/EU, which has since been replaced by Council Decision 2014/243/EU. The conclusion of the Convention could 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.

In a Statement annexed to the Decision, the EU, while fully recognising the objectives pursued by the European Convention expresses its concern regarding the application of Article 9 and Article 10(3) of the Convention, following the accession of the Union thereto, on the basis of its exclusive competence.

ENTRY INTO FORCE : 20.7.2015.