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REGULATION (EU) 2025/13 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2024
on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818
Having regard to the Treaty on the Functioning of the European Union and in particular Article 114 thereof, in conjunction with Article 218(5) thereof,
Having regard to the proposal by the European Commission,
Whereas:
(1) On 16 July 1999, the Council authorised the Commission to negotiate within the Council of Europe, on behalf of the European Community, a convention concerning the legal protection of services based on, or consisting of, conditional access.
(2) The European Convention on the legal protection of services based on, or consisting of, conditional access (‘the Convention’) was adopted by the Council of Europe on 24 January 2001.
(3) The Convention establishes a regulatory framework which is almost identical to that set out in Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (1).
(4) The Convention entered into force on 1 July 2003 and is open for signing by the Union and its Member States.
(5) The signing of the Convention would 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.
(6) By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore signed both by the Union and its Member States.
(7) The Convention should be signed on behalf of the Union, subject to its conclusion,
HAS ADOPTED THIS DECISION:
The text of the Convention is attached to this Decision.
(a) ‘protected service’ means any of the following services, when provided against remuneration and on the basis of conditional access:
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television programme services, as defined in Article 2 of the amended European Convention on Transfrontier Television,
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radio broadcasting services, meaning radio programmes intended for reception by the public, transmitted by wire or over the air, including by satellite,
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information society services, understood as those offered by electronic means, at a distance and at the individual request of a recipient of services,
or the provision of conditional access to the above services, considered as a service in its own right;
(b) ‘conditional access’ means any technical measure and/or arrangement permitting access in an intelligible form, and subject to prior individual authorisation, to one of the services mentioned in point (a) of this Article;
(c) ‘conditional access device’ means any equipment, software and/or arrangement designed or adapted to give access in an intelligible form to one of the services mentioned in point (a) of this Article;
(d) ‘illicit device’ means any equipment, software and/or arrangement designed or adapted to give access in an intelligible form to one of the services mentioned in point (a) of this Article, without the authorisation of the service provider.
(a) the manufacture or production of illicit devices for commercial purposes;
(b) the importation of illicit devices for commercial purposes;
(c) the distribution of illicit devices for commercial purposes;
(d) the sale or rental of illicit devices for commercial purposes;
(e) the possession of illicit devices for commercial purposes;
(f) the installation, maintenance or replacement of illicit devices for commercial purposes;
(g) the commercial 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 also make unlawful other activities than those referred to in the first paragraph of this Article.
2. Each Party may be represented at multilateral consultation meetings by one or more delegates. Each Party shall have the right to vote. Each State Party to this Convention shall have one vote. Concerning questions within its competence, the European Community shall exercise its right to vote and cast a number of votes equal to the number of its member States that are Parties to the Convention. The European Community shall not exercise its right to vote when the vote concerns a question which does not fall within its competence.
3. Any State referred to in Article 12, paragraph 1, or the European Community, which is not a Party to this Convention, may be represented in the consultation meetings by an observer.
4. After each consultation, the Parties shall forward to the Committee of Ministers of the Council of Europe a report on the consultation and on the functioning of the Convention, including, if it is considered necessary, proposals for the amendment of the Convention.
5. Subject to the provisions of this Convention, the Parties shall lay down rules of procedure for the consultation meetings.
2. Any proposal for amendment shall be notified to the Secretary-General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the other States Party to the European Cultural Convention, to the European Community and to any non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of Article 13.
3. Any amendment proposed in accordance with the provisions of the previous paragraph shall be examined, within six months from the date on which it is communicated by the Secretary-General, at a multilateral consultation meeting, where that amendment can be adopted by a majority of two-thirds of the States which have ratified the Convention.
4. The text adopted by the multilateral consultation meeting shall be submitted to the Committee of Ministers for approval. Once it has been approved, the text of the amendment shall be forwarded to the Parties for acceptance.
5. All amendments shall enter into force on the 30th day after all the Parties have informed the Secretary-General of their acceptance thereof.
6. On the basis of a recommendation by a multilateral consultation meeting, the Committee of Ministers may decide, 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 Parties entitled to sit on the Committee, that a particular amendment shall enter into force following the expiry of a period of two years after the date on which it has been forwarded for acceptance, unless a Party has notified the Secretary-General of the Council of Europe of an objection to its entry into force. Should such an objection be notified, the amendment shall enter into force on 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 paragraph 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 the amendment.
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 cooperation.
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.
(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.
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.
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.
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.
(a) any signature in accordance with Article 12;
(b) the deposit of any instrument of ratification, acceptance, approval or accession in accordance with Article 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.
(1) OJ L 320, 28.11.1998, p. 54.
(1) OJ L 320, 28.11.1998, p. 54.
ELI: http://data.europa.eu/eli/dec/2011/853/oj