6.12.2003 Official Journal of the European Union L 321/41 I (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 17 November 2003 relating to the conclusion on behalf of the European Community of Council of Europe Convention No 180 on information and legal cooperation on information society services (2003/840[EC) THE COUNCIL OF THE EUROPEAN UNION, extremely positive experience as a mechanism for prior information and administrative dialogue in the field of on-line services. Having regard to the Treaty establishing the European Com- munity, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, thereof, (4) A similar international mechanism should be quickly established within the Council of Europe, in which it is in the Community's direct interest to participate. Such a mechanism would allow it to be regularly informed about regulatory initiatives being prepared in other countries and then, if appropriate, to express its observa- Having regard to the proposal from the Commission, Whereas: tions on drafts which could have grave legal and economic implications in the context of on-line activ- ities. (1) Council of Europe Convention No 180 on information and legal cooperation on information society services () In practice, such participation would be based on the (Convention) sets up an international system of prior operational mechanism set up in 1983 by Directive 83 notification and administrative cooperation specifically 189/EEC, later repealed and replaced by Directive 98/34/ aimed at information society services. EC, and would, in particular, avoid any additional notifi- cation burden on Member States over and above that Iready incumbent on them by virtue of Directive 98 (2)  As information society services are provided at a ;i‘/’—gc)’ incumbent on them by virtue of Directive 93] distance, by electronic means and at the individual request of a recipient of services (according to the defini- tion set out in Article 2 of the Convention) they are (6)  The Convention should be approved, services which are provided without requiring physical travel by either the service provider or the recipient. For this reason, they are subject to the common commercial policy and fall under the exclusive competence of the European Community, pursuant to Opinion 1 [94 of Fhe HAS DECIDED AS FOLLOWS: Court of Justice of the European Communities, regarding the World Trade Organisation ('). Article 1 (3)  Directive 98/34/EC of the European Parliament and of e the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical Council of Europe Convention No 180 on information and standards and regulations and of rules on Information legal cooperation on information society services is hereby Society services (3, operational since 1999, has been an approved on behalf of the Community. () %’g}ion of the Court of 15 November 1994, [1994] ECR, p. I- The text of the Convention is annexed to this Decision (%). () OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/ 48/EC of the European Parliament and of the Council (O] L 217, () The text of the Convention as concluded, exists in English and 5.8.1998, p. 18). French, both texts being equally authentic.