20 Amendments of Birgit SIPPEL related to 2015/0281(COD)
Amendment 112 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The criminalisation under this Directive is limited to the travel to countries outside the Union as the destination where the person concerned intends to engage in terrorist activities and offences. The travel to the State of destination may be direct or by transiting other States en route.
Amendment 118 #
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disruptiIn a coherent manner with Directive 2015/849/EU on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, terrorism funding should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as travels for terrorist purposes. Any physical or legal person sanctioned for terrorism financing shall be allowed to challenge the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist finrelevant decision rapidly and effectively before anc ing should also be punishabledependent authority.
Amendment 140 #
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission mayshould be inferred from objective, factual circumstances.
Amendment 143 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) For the offences related to terrorism as set out in this Directive to be punishable, there should always be a link between these offences and a terrorist group or terrorist offence.
Amendment 190 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 193 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Nothing in this Directive should be interpreted as being intended to reduce or restrict the Union acquis on procedural rights.
Amendment 208 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "terrorist group" shall mean: a structured group of more than two persons, established over a significant period of time and acting in concert to commit various terrorist offences
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Structured group" shall mean a group that have the purpose and the potential of committing various terrorist offences, that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) seriously threatening to commit any of the acts listed in points (a) to (hc).
Amendment 241 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to ensure that the following acts, when committed intentionally and unlawfully, are punishable as a criminal offence:
Amendment 242 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will significantly contribute to the criminalterrorist activities of the terrorist group.
Amendment 245 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The provision of humanitarian activities by internationally recognised humanitarian organizations shall not be considered as contributing to the criminal activities of the terrorist groups.
Amendment 280 #
Proposal for a directive
Article 9 – title
Article 9 – title
Travelling abroad for the purpose of terrorism
Amendment 283 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities ofoutside the Union which is not that of traveller's nationality or residence, directly or by transiting through one or several Member States, for the purpose of the commission of or contribution to a terrorist groupoffence referred to in Article 43, or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 290 #
Proposal for a directive
Article 10 – title
Article 10 – title
Organising or otherwise facilitating travelling abroad for the purpose of terrorism
Amendment 324 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 326 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8, 6, 7 and 112 to 14 is made punishable.
Amendment 330 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14 is made punishable when it provokes the commission of, or the attempt to commit, one of those offences.
Amendment 332 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 112 to 14, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in pointoffences laid down in point (f) to (i) of Article 3(2), is made punishable.
Amendment 360 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.