BETA


2017/0265(NLE) Council of Europe Convention on the Prevention of Terrorism (CETS No 196)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE STEVENS Helga (icon: ECR ECR) SÓGOR Csaba (icon: PPE PPE), CHINNICI Caterina (icon: S&D S&D), GRIESBECK Nathalie (icon: ALDE ALDE), ERNST Cornelia (icon: GUE/NGL GUE/NGL), JOLY Eva (icon: Verts/ALE Verts/ALE)
Committee Opinion AFET
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 083-p1-a1, TFEU 218-p6a

Events

2018/06/22
   Final act published in Official Journal
Details

PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196).

NON-LEGISLATIVE ACT: Council Decision (EU) 2018/889 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism.

CONTENT: the Council decided to approve, on behalf of the Union, Council of Europe Convention No 196 on the prevention of terrorism, as regards matters within the competence of the Union. The Convention was signed on 22 October 2015, subject to its conclusion.

Directive (EU) 2017/541 of the European Parliament and of the Council establishes common Union rules on combatting terrorism. Consequently, the Union has already adopted measures in different areas covered by the Convention.

The Convention should therefore be approved on behalf of the Union as regards matters falling within the competence of the Union in so far as the Convention may affect those common rules or alter their scope. Member States retain their competence in so far as the Convention does not affect common rules or alter the scope thereof.

The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation.

It thus criminalises the following acts when committed intentionally:

public provocation to commit a terrorist offence; recruitment for terrorism; training for terrorism; aiding and abetting, inciting and attempting the aforementioned offences.

Each Party shall:

endeavour to take the necessary measures to improve and develop cooperation between national authorities with a view to preventing terrorist offences and their negative effects, in particular by: (i) exchanging information; (ii) strengthening the physical protection of persons and facilities; (iii) improving training and coordination plans for civil emergencies; promote tolerance by encouraging inter-religious and cross-cultural dialogue, involving, where appropriate, non-governmental organisations and other civil society actors; endeavour to increase public awareness of the existence, causes, gravity and threat posed by terrorist offences and offences under the Convention.

In addition, the Convention:

contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties; establishes jurisdictional rules for its offences; establishes an obligation to investigate and to prosecute or extradite; contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention.

Ireland is taking part in the adoption of this Decision. The United Kingdom and Denmark do not participate.

ENTRY INTO FORCE: 4.6.2018.

2018/06/05
   EP/CSL - Act adopted by Council after consultation of Parliament
2018/06/05
   EP - End of procedure in Parliament
2018/06/05
   CSL - Council Meeting
2018/04/18
   EP - Results of vote in Parliament
2018/04/18
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 544 votes to 47, with 10 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism.

Parliament gave its consent to the conclusion of the Convention.

The Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the European Union on 22 October 2015, for all matters within the competence of the Union. It defines criminal offences related to terrorism and aims to improve the efforts of the parties in preventing terrorism and its effects.

Documents
2018/04/03
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Helga STEVENS (ECR, BE) on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism.

The committee recommended that the European Parliament give its consent to the draft Council decision.

The draft Council Decision seeks the approval, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) signed by the European Union on 22 October 2015, as regards matters falling within the competence of the Union.

Convention No. 196 introduces criminal offences related to terrorism, for which the Union has competence based on Article 83(1) TFEU. It aims to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, both by measures taken at national level and through international co-operation.

Documents
2018/03/27
   EP - Vote in committee, 1st reading/single reading
2018/03/09
   EP - Amendments tabled in committee
Documents
2018/02/09
   EP - Committee draft report
Documents
2018/01/15
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/12/12
   CSL - Document attached to the procedure
Documents
2017/12/12
   EC - Legislative proposal published
Details

PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion.

Article 23 of the Convention provides that the latter is open for the approval of the European Union.

Directive (EU) 2017/541 of the European Parliament and of the Council established common Union rules on combatting terrorism. Consequently, the Union has already adopted measures in different areas covered by the Convention.

The Convention should therefore be approved on behalf of the Union as regards matters falling within the competence of the Union in so far as the Convention may affect those common rules or alter their scope.

The Member States retain their competence in so far as the Convention does not affect common rules or alter the scope thereof.

CONTENT: with this proposed Decision, the Council is called on to approve, on behalf of the European Union, the Council of Europe Convention on the Prevention of Terrorism, as regards matters falling within the competence of the Union.

The text of the Convention is attached to this Decision.

Territorial application : Convention No. 196 shall be binding and apply in all EU Member States with the exception of Denmark. It shall be binding and apply in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland shall be bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.

Documents
2017/12/11
   EP - STEVENS Helga (ECR) appointed as rapporteur in LIBE
2017/10/18
   EP - Preparatory document
Details

PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion. Article 23 of the Convention provides that the latter is open for the approval of the European Union.

Following the sixth ratification, of which four were by Member States of the Council of Europe, Convention No. 196 came into force on 1 June 2007. As of 21 February 2017, 23 EU Member States have ratified the Convention, and all EU Member States have signed it.

In view of the continuing threat of terrorism to fundamental rights and the global nature of terrorism, the European Union must act united to promote and uphold the principles of democracy and the rule of law in Europe.

Given the global nature of terrorism, a common understanding of terrorist and terrorism-related offences , complemented with provisions to facilitate cooperation between national authorities as laid down in Convention No. 196 contributes to further enhancing the effectiveness of the criminal justice instruments and cooperation at Union and international level.

The Union has already adopted measures in the different areas covered by Convention No. 196 on the basis of provisions of Title V of Part Three of the TFEU.

With the adoption of the Directive on combating terrorism , the European Union is ready to complete its commitment to be a party to the Additional Protocol by conclusion of that instrument. This can only be done by concluding Convention No. 196, at the latest simultaneously with conclusion of its Additional Protocol.

CONTENT: this proposal concerns the decision to conclude Convention No. 196 on behalf of the Union . It must be read together with a proposal concerning a decision to conclude the Additional Protocol (Convention No. 217) that supplements the Convention on the Prevention of Terrorism (Convention No. 196).

Objectives of the Convention : Convention No. 196 defines criminal offences related to terrorism, an area for which the Union has competence under Article 83(1) TFEU. It covers areas to which the ordinary legislative procedure applies, including the setting of minimum rules for the definition of criminal offences in the area of terrorism, as well as police and judicial cooperation in criminal matters.

The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation.

It thus criminalises the following acts when committed intentionally:

public provocation to commit a terrorist offence; recruitment for terrorism; training for terrorism; aiding and abetting, inciting and attempting the aforementioned offences.

In addition, the Convention:

contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties; establishes jurisdictional rules for its offences; establishes an obligation to investigate and to prosecute or extradite; contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention.

Convention No. 196 also contains several provisions aiming at strengthening international co-operation in criminal matters through mutual legal assistance, including spontaneous exchange of information and extradition, being subject to a non-discrimination clause.

An Additional Protocol (Convention No. 217) was adopted by the Council of Europe on 19 May 2015. The Additional Protocol supplements Convention No. 196 and came into force on 1 July 2017. It is not possible to be a party to the Additional Protocol without also being a party to Convention No. 1963. The European Union has signed Convention No. 196, as well as its Additional Protocol.

Territorial application : Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in all EU Member States with the exception of Denmark . Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland is bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.

Documents

Votes

A8-0131/2018 - Helga Stevens - approbation 18/04/2018 12:04:43.000

2018/04/18 Outcome: +: 544, -: 57, 0: 10
DE FR IT PL GB RO ES AT BE NL SE HU BG CZ FI PT SK HR DK LT SI LV EE EL LU MT IE CY ??
Total
75
61
52
41
61
25
38
18
17
24
20
16
15
17
12
19
11
10
11
8
7
5
4
17
4
4
10
6
1
icon: PPE PPE
177

United Kingdom PPE

2

Belgium PPE

3

Denmark PPE

For (1)

1

Lithuania PPE

1

Estonia PPE

For (1)

1

Luxembourg PPE

3

Malta PPE

2

Cyprus PPE

1
icon: S&D S&D
162

Netherlands S&D

3

Czechia S&D

3

Croatia S&D

2

Denmark S&D

2

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Malta S&D

2

Ireland S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
56

Germany ALDE

3

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1
3

Portugal ALDE

1

Croatia ALDE

2

Denmark ALDE

2
2

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

2

Ireland ALDE

For (1)

1
icon: ECR ECR
57

Italy ECR

2

Romania ECR

2

Belgium ECR

2

Netherlands ECR

2

Bulgaria ECR

2

Czechia ECR

2
2

Slovakia ECR

For (1)

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Greece ECR

Against (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
39

France Verts/ALE

2

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

4

Austria Verts/ALE

3

Belgium Verts/ALE

For (1)

1

Netherlands Verts/ALE

1

Hungary Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ENF ENF
31

Germany ENF

For (1)

1

Italy ENF

4

Poland ENF

Against (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

For (1)

1

Netherlands ENF

3
icon: NI NI
17

France NI

2

United Kingdom NI

Against (1)

Abstain (1)

2

Denmark NI

1

NI

For (1)

1
icon: EFDD EFDD
33

Germany EFDD

Abstain (1)

1

France EFDD

Abstain (1)

2

Poland EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
icon: GUE/NGL GUE/NGL
37

France GUE/NGL

For (1)

3

Italy GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

Against (1)

1

Netherlands GUE/NGL

Against (1)

3

Sweden GUE/NGL

Against (1)

1

Czechia GUE/NGL

Against (1)

1

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

Against (1)

1
4

Cyprus GUE/NGL

2
AmendmentsDossier
4 2017/0265(NLE)
2018/03/09 LIBE 4 amendments...
source: 618.332

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2017-12-12T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14494%2F17&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 14494/2017 body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: KING Julian type: Legislative proposal published
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  • date: 2018-03-27T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: EPP name: SÓGOR Csaba group: S&D name: CHINNICI Caterina group: ALDE name: GRIESBECK Nathalie group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: JOLY Eva responsible: True committee: LIBE date: 2017-12-11T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: STEVENS Helga
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  • date: 2018-04-18T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=30988&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0110 type: Decision by Parliament, 1st reading/single reading title: T8-0110/2018 body: EP type: Results of vote in Parliament
  • date: 2018-06-05T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3622
  • date: 2018-06-05T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2018-06-05T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2018-06-22T00:00:00 type: Final act published in Official Journal
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council
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docs
  • date: 2017-12-12T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14445%2F17&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14445/2017 type: Document attached to the procedure body: CSL
  • date: 2018-02-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE616.732 title: PE616.732 type: Committee draft report body: EP
  • date: 2018-03-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE618.332 title: PE618.332 type: Amendments tabled in committee body: EP
events
  • date: 2017-10-18T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0606/COM_COM(2017)0606_EN.pdf title: COM(2017)0606 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2017&nu_doc=0606 title: EUR-Lex summary: PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196). PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion. Article 23 of the Convention provides that the latter is open for the approval of the European Union. Following the sixth ratification, of which four were by Member States of the Council of Europe, Convention No. 196 came into force on 1 June 2007. As of 21 February 2017, 23 EU Member States have ratified the Convention, and all EU Member States have signed it. In view of the continuing threat of terrorism to fundamental rights and the global nature of terrorism, the European Union must act united to promote and uphold the principles of democracy and the rule of law in Europe. Given the global nature of terrorism, a common understanding of terrorist and terrorism-related offences , complemented with provisions to facilitate cooperation between national authorities as laid down in Convention No. 196 contributes to further enhancing the effectiveness of the criminal justice instruments and cooperation at Union and international level. The Union has already adopted measures in the different areas covered by Convention No. 196 on the basis of provisions of Title V of Part Three of the TFEU. With the adoption of the Directive on combating terrorism , the European Union is ready to complete its commitment to be a party to the Additional Protocol by conclusion of that instrument. This can only be done by concluding Convention No. 196, at the latest simultaneously with conclusion of its Additional Protocol. CONTENT: this proposal concerns the decision to conclude Convention No. 196 on behalf of the Union . It must be read together with a proposal concerning a decision to conclude the Additional Protocol (Convention No. 217) that supplements the Convention on the Prevention of Terrorism (Convention No. 196). Objectives of the Convention : Convention No. 196 defines criminal offences related to terrorism, an area for which the Union has competence under Article 83(1) TFEU. It covers areas to which the ordinary legislative procedure applies, including the setting of minimum rules for the definition of criminal offences in the area of terrorism, as well as police and judicial cooperation in criminal matters. The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation. It thus criminalises the following acts when committed intentionally: public provocation to commit a terrorist offence; recruitment for terrorism; training for terrorism; aiding and abetting, inciting and attempting the aforementioned offences. In addition, the Convention: contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties; establishes jurisdictional rules for its offences; establishes an obligation to investigate and to prosecute or extradite; contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention. Convention No. 196 also contains several provisions aiming at strengthening international co-operation in criminal matters through mutual legal assistance, including spontaneous exchange of information and extradition, being subject to a non-discrimination clause. An Additional Protocol (Convention No. 217) was adopted by the Council of Europe on 19 May 2015. The Additional Protocol supplements Convention No. 196 and came into force on 1 July 2017. It is not possible to be a party to the Additional Protocol without also being a party to Convention No. 1963. The European Union has signed Convention No. 196, as well as its Additional Protocol. Territorial application : Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in all EU Member States with the exception of Denmark . Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland is bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.
  • date: 2017-12-12T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=14494%2F17&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 14494/2017 summary: PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196). PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion. Article 23 of the Convention provides that the latter is open for the approval of the European Union. Directive (EU) 2017/541 of the European Parliament and of the Council established common Union rules on combatting terrorism. Consequently, the Union has already adopted measures in different areas covered by the Convention. The Convention should therefore be approved on behalf of the Union as regards matters falling within the competence of the Union in so far as the Convention may affect those common rules or alter their scope. The Member States retain their competence in so far as the Convention does not affect common rules or alter the scope thereof. CONTENT: with this proposed Decision, the Council is called on to approve, on behalf of the European Union, the Council of Europe Convention on the Prevention of Terrorism, as regards matters falling within the competence of the Union. The text of the Convention is attached to this Decision. Territorial application : Convention No. 196 shall be binding and apply in all EU Member States with the exception of Denmark. It shall be binding and apply in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland shall be bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.
  • date: 2018-01-15T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-03-27T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-04-03T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0131&language=EN title: A8-0131/2018 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Helga STEVENS (ECR, BE) on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism. The committee recommended that the European Parliament give its consent to the draft Council decision. The draft Council Decision seeks the approval, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) signed by the European Union on 22 October 2015, as regards matters falling within the competence of the Union. Convention No. 196 introduces criminal offences related to terrorism, for which the Union has competence based on Article 83(1) TFEU. It aims to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, both by measures taken at national level and through international co-operation.
  • date: 2018-04-18T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30988&l=en title: Results of vote in Parliament
  • date: 2018-04-18T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0110 title: T8-0110/2018 summary: The European Parliament adopted by 544 votes to 47, with 10 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism. Parliament gave its consent to the conclusion of the Convention. The Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the European Union on 22 October 2015, for all matters within the competence of the Union. It defines criminal offences related to terrorism and aims to improve the efforts of the parties in preventing terrorism and its effects.
  • date: 2018-06-05T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2018-06-05T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2018-06-22T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196). NON-LEGISLATIVE ACT: Council Decision (EU) 2018/889 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism. CONTENT: the Council decided to approve, on behalf of the Union, Council of Europe Convention No 196 on the prevention of terrorism, as regards matters within the competence of the Union. The Convention was signed on 22 October 2015, subject to its conclusion. Directive (EU) 2017/541 of the European Parliament and of the Council establishes common Union rules on combatting terrorism. Consequently, the Union has already adopted measures in different areas covered by the Convention. The Convention should therefore be approved on behalf of the Union as regards matters falling within the competence of the Union in so far as the Convention may affect those common rules or alter their scope. Member States retain their competence in so far as the Convention does not affect common rules or alter the scope thereof. The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation. It thus criminalises the following acts when committed intentionally: public provocation to commit a terrorist offence; recruitment for terrorism; training for terrorism; aiding and abetting, inciting and attempting the aforementioned offences. Each Party shall: endeavour to take the necessary measures to improve and develop cooperation between national authorities with a view to preventing terrorist offences and their negative effects, in particular by: (i) exchanging information; (ii) strengthening the physical protection of persons and facilities; (iii) improving training and coordination plans for civil emergencies; promote tolerance by encouraging inter-religious and cross-cultural dialogue, involving, where appropriate, non-governmental organisations and other civil society actors; endeavour to increase public awareness of the existence, causes, gravity and threat posed by terrorist offences and offences under the Convention. In addition, the Convention: contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties; establishes jurisdictional rules for its offences; establishes an obligation to investigate and to prosecute or extradite; contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention. Ireland is taking part in the adoption of this Decision. The United Kingdom and Denmark do not participate. ENTRY INTO FORCE: 4.6.2018. docs: title: Decision 2018/889 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32018D0889 title: OJ L 159 22.06.2018, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2018:159:TOC
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  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: KING Julian
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  • LIBE/8/11372
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Decision 2018/889
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Old
  • 6.40.13 Relations with/in the context of international organisations: UN, OSCE, OECD, Council of Europe, EBRD
  • 7.30.20 Action to combat terrorism
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6.40.13
Relations with/in the context of international organisations: UN, OSCE, OECD, Council of Europe, EBRD
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activities/0/docs/0/text/0
Old

PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion. Article 23 of the Convention provides that the latter is open for the approval of the European Union.

Following the sixth ratification, of which four were by Member States of the Council of Europe, Convention No. 196 came into force on 1 June 2007. As of 21 February 2017, 23 EU Member States have ratified the Convention, and all EU Member States have signed it.

In view of the continuing threat of terrorism to fundamental rights and the global nature of terrorism, the European Union must act united to promote and uphold the principles of democracy and the rule of law in Europe.

Given the global nature of terrorism, a common understanding of terrorist and terrorism-related offences, complemented with provisions to facilitate cooperation between national authorities as laid down in Convention No. 196 contributes to further enhancing the effectiveness of the criminal justice instruments and cooperation at Union and international level.  

The Union has already adopted measures in the different areas covered by Convention No. 196 on the basis of provisions of Title V of Part Three of the TFEU.

With the adoption of the Directive on combating terrorism, the European Union is ready to complete its commitment to be a party to the Additional Protocol by conclusion of that instrument. This can only be done by concluding Convention No. 196, at the latest simultaneously with conclusion of its Additional Protocol.

CONTENT: this proposal concerns the decision to conclude Convention No. 196 on behalf of the Union. It must be read together with a proposal concerning a decision to conclude the Additional Protocol (Convention No. 217) that supplements the Convention on the Prevention of Terrorism (Convention No. 196).

Objectives of the Convention: Convention No. 196 defines criminal offences related to terrorism, an area for which the Union has competence under Article 83(1) TFEU. It covers areas to which the ordinary legislative procedure applies, including the setting of minimum rules for the definition of criminal offences in the area of terrorism, as well as police and judicial cooperation in criminal matters.

The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation.

It thus criminalises the following acts when committed intentionally:

  • public provocation to commit a terrorist offence;
  • recruitment for terrorism;
  • training for terrorism;
  • aiding and abetting, inciting and attempting the aforementioned offences.

In addition, the Convention:

  • contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties;
  • establishes jurisdictional rules for its offences;
  • establishes an obligation to investigate and to prosecute or extradite;
  • contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention.

Convention No. 196 also contains several provisions aiming at strengthening international co-operation in criminal matters through mutual legal assistance, including spontaneous exchange of information and extradition, being subject to a non-discrimination clause.

An Additional Protocol (Convention No. 217) was adopted by the Council of Europe on 19 May 2015. The Additional Protocol supplements Convention No. 196 and came into force on 1 July 2017. It is not possible to be a party to the Additional Protocol without also being a party to Convention No. 1963. The European Union has signed Convention No. 196, as well as its Additional Protocol.

Territorial application: Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in all EU Member States with the exception of Denmark. Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland is bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.

New

PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion. Article 23 of the Convention provides that the latter is open for the approval of the European Union.

Following the sixth ratification, of which four were by Member States of the Council of Europe, Convention No. 196 came into force on 1 June 2007. As of 21 February 2017, 23 EU Member States have ratified the Convention, and all EU Member States have signed it.

In view of the continuing threat of terrorism to fundamental rights and the global nature of terrorism, the European Union must act united to promote and uphold the principles of democracy and the rule of law in Europe.

Given the global nature of terrorism, a common understanding of terrorist and terrorism-related offences, complemented with provisions to facilitate cooperation between national authorities as laid down in Convention No. 196 contributes to further enhancing the effectiveness of the criminal justice instruments and cooperation at Union and international level.  

The Union has already adopted measures in the different areas covered by Convention No. 196 on the basis of provisions of Title V of Part Three of the TFEU.

With the adoption of the Directive on combating terrorism, the European Union is ready to complete its commitment to be a party to the Additional Protocol by conclusion of that instrument. This can only be done by concluding Convention No. 196, at the latest simultaneously with conclusion of its Additional Protocol.

CONTENT: this proposal concerns the decision to conclude Convention No. 196 on behalf of the Union. It must be read together with a proposal concerning a decision to conclude the Additional Protocol (Convention No. 217) that supplements the Convention on the Prevention of Terrorism (Convention No. 196).

Objectives of the Convention: Convention No. 196 defines criminal offences related to terrorism, an area for which the Union has competence under Article 83(1) TFEU. It covers areas to which the ordinary legislative procedure applies, including the setting of minimum rules for the definition of criminal offences in the area of terrorism, as well as police and judicial cooperation in criminal matters.

The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation.

It thus criminalises the following acts when committed intentionally:

  • public provocation to commit a terrorist offence;
  • recruitment for terrorism;
  • training for terrorism;
  • aiding and abetting, inciting and attempting the aforementioned offences.

In addition, the Convention:

  • contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties;
  • establishes jurisdictional rules for its offences;
  • establishes an obligation to investigate and to prosecute or extradite;
  • contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention.

Convention No. 196 also contains several provisions aiming at strengthening international co-operation in criminal matters through mutual legal assistance, including spontaneous exchange of information and extradition, being subject to a non-discrimination clause.

An Additional Protocol (Convention No. 217) was adopted by the Council of Europe on 19 May 2015. The Additional Protocol supplements Convention No. 196 and came into force on 1 July 2017. It is not possible to be a party to the Additional Protocol without also being a party to Convention No. 1963. The European Union has signed Convention No. 196, as well as its Additional Protocol.

Territorial application: Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in all EU Member States with the exception of Denmark. Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland is bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.

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  • group: ECR name: STEVENS Helga
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  • group: EPP name: SÓGOR Csaba
  • group: S&D name: CHINNICI Caterina
  • group: ALDE name: GRIESBECK Nathalie
  • group: GUE/NGL name: ERNST Cornelia
  • group: Verts/ALE name: JOLY Eva
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  • PURPOSE: to approve, on behalf of the Union, the conclusion of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196).

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) was signed by the Union on 22 October 2015, subject to its conclusion. Article 23 of the Convention provides that the latter is open for the approval of the European Union.

    Following the sixth ratification, of which four were by Member States of the Council of Europe, Convention No. 196 came into force on 1 June 2007. As of 21 February 2017, 23 EU Member States have ratified the Convention, and all EU Member States have signed it.

    In view of the continuing threat of terrorism to fundamental rights and the global nature of terrorism, the European Union must act united to promote and uphold the principles of democracy and the rule of law in Europe.

    Given the global nature of terrorism, a common understanding of terrorist and terrorism-related offences, complemented with provisions to facilitate cooperation between national authorities as laid down in Convention No. 196 contributes to further enhancing the effectiveness of the criminal justice instruments and cooperation at Union and international level.  

    The Union has already adopted measures in the different areas covered by Convention No. 196 on the basis of provisions of Title V of Part Three of the TFEU.

    With the adoption of the Directive on combating terrorism, the European Union is ready to complete its commitment to be a party to the Additional Protocol by conclusion of that instrument. This can only be done by concluding Convention No. 196, at the latest simultaneously with conclusion of its Additional Protocol.

    CONTENT: this proposal concerns the decision to conclude Convention No. 196 on behalf of the Union. It must be read together with a proposal concerning a decision to conclude the Additional Protocol (Convention No. 217) that supplements the Convention on the Prevention of Terrorism (Convention No. 196).

    Objectives of the Convention: Convention No. 196 defines criminal offences related to terrorism, an area for which the Union has competence under Article 83(1) TFEU. It covers areas to which the ordinary legislative procedure applies, including the setting of minimum rules for the definition of criminal offences in the area of terrorism, as well as police and judicial cooperation in criminal matters.

    The purpose of Convention No. 196 is to enhance the efforts of the parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures taken at national level and through international co-operation.

    It thus criminalises the following acts when committed intentionally:

    • public provocation to commit a terrorist offence;
    • recruitment for terrorism;
    • training for terrorism;
    • aiding and abetting, inciting and attempting the aforementioned offences.

    In addition, the Convention:

    • contains provisions establishing the liability of legal entities for the aforementioned offences and setting out conditions for sanctions and penalties;
    • establishes jurisdictional rules for its offences;
    • establishes an obligation to investigate and to prosecute or extradite;
    • contains provisions on the protection, compensation and support for victims of terrorism; national prevention policies and international co-operation on prevention.

    Convention No. 196 also contains several provisions aiming at strengthening international co-operation in criminal matters through mutual legal assistance, including spontaneous exchange of information and extradition, being subject to a non-discrimination clause.

    An Additional Protocol (Convention No. 217) was adopted by the Council of Europe on 19 May 2015. The Additional Protocol supplements Convention No. 196 and came into force on 1 July 2017. It is not possible to be a party to the Additional Protocol without also being a party to Convention No. 1963. The European Union has signed Convention No. 196, as well as its Additional Protocol.

    Territorial application: Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in all EU Member States with the exception of Denmark. Convention No. 196 signed and eventually concluded by the European Union is binding upon and applies in the United Kingdom only insofar as this Member State notifies the Council of its wish to take part in the adoption and application of this instrument. Ireland is bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.

activities
  • date: 2017-10-18T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0606/COM_COM(2017)0606_EN.pdf title: COM(2017)0606 type: Legislative proposal published celexid: CELEX:52017PC0606:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: KING Julian
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  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: KING Julian
procedure
reference
2017/0265(NLE)
title
Council of Europe Convention on the Prevention of Terrorism (CETS No 196)
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NLE - Non-legislative enactments
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