Annexes to SEC(2010)1559 - COMPARATIVE CHART - DIRECTIVE 98/84/EC AND EUROPEAN CONVENTION ON THE LEGAL PROTECTION OF SERVICES BASED ON, OR CONSISTING OF, CONDITIONAL ACCESS Accompanying document to the Draft Council Decision on the signature of the European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access - Main contents
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| dossier | SEC(2010)1559 - COMPARATIVE CHART - DIRECTIVE 98/84/EC AND EUROPEAN CONVENTION ON THE LEGAL PROTECTION OF SERVICES BASED ON, OR CONSISTING ... |
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| document | SEC(2010)1559  |
| date | December 15, 2010 |
1) This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.
2) The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.
3) If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international co-operation.
4) In their mutual relations, Parties which are members of the European Community shall apply Community rules and shall not therefore apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned.
Article 12: Signature and entry into force
1) This Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention, and by the European Community. Such States and the European Community may express their consent to be bound by:
a) signature without reservation as to ratification, acceptance or approval; or
b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2) Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3) This Convention shall enter into force on 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) In respect of any signatory State or the European Community which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 1.
1) After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties to the Convention, may invite any State which is not referred to in Article 12, paragraph 1, to accede to this Convention, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.
2) In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 14: Territorial application
1) Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
2) Any State or the European Community may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3) Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 15: Reservations
No reservation may be made to this Convention.
Article 16: Settlement of disputes
In case of a dispute between Parties as to the interpretation or application of this Convention, the Parties concerned shall seek to achieve a friendly settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties.
Article 17: Denunciation
1) Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2) Such denunciation shall become effective 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.
Article 18: Notifications
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other States party to the European Cultural Convention, the European Community and any other State which has acceded to this Convention of:
a) any signature in accordance with Article 12;
b) the deposit of any instrument of ratification, acceptance, approval or accession in accordance with Articles 12 or 13;
c) any date of entry into force of this Convention in accordance with Articles 12 and 13;
d) any declaration made in accordance with Article 4;
e) any proposal for amendment made under Article 10;
f) any other act, notification or communication relating to this Convention.
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