PURPOSE: to approve, on behalf of the Union, the
conclusion of the Additional Protocol to the Council of Europe
Convention on the Prevention of Terrorism (CETS No.
217).
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 10 of the Protocol provides that the latter is open for the
approval of the European Union.
The Additional Protocol came into force on 1 July
2017. As of 11 July 2017, three EU Member States have ratified the
Additional Protocol, and twenty-four EU Member States have signed
it.
The terrorist threat has grown and rapidly evolved in
recent years. Foreign terrorist fighters have been linked to
recent attacks and plots in several Member States. In addition, the
Union and its Member States face increased threats from individuals
who are inspired or instructed by terrorist groups
abroad.
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 defend the
principles of democracy and the rule of law in Europe.
The Union has already adopted measures in the area
covered by the Additional Protocol, including substantive criminal
law provisions as well as a provision on enhanced information
exchange.
With the adoption of the directive
on the fight against terrorism, the European Union is ready to
complete its commitment to be a party to the Additional Protocol by
conclusion of that instrument.
CONTENT: this proposal concerns the decision to
conclude the Additional Protocol to the Council of Europe
Convention on the Prevention of Terrorism (CETS No. 217). The
present proposal is therefore accompanied by, and must be read
together with, a proposal
concerning a decision to conclude Convention No. 196 on behalf of
the Union.
Objectives of the Additional Protocol: the Protocol defines criminal offences related to
terrorism, an area for which the Union has jurisdiction under
Article 83(1) TFEU. It covers fields to which the ordinary
legislative procedure applies, namely the setting of minimum rules
concerning the definition of criminal offences in the area of
terrorism (Article 83(1) TFEU) where consent by the European
Parliament is required.
The Additional Protocol supplements Convention No.
196 with a series of provisions aimed at implementing the
criminal law aspects of UN Security Council Resolution
2178(2014) on “Threats to international peace and security
caused by terrorist acts”.
It seeks to prevent and curb the flow of foreign
terrorist fighters to conflict zones and provide a common
understanding of and response to foreign terrorist fighter-related
offences, which serves as a benchmark for information exchange and
facilitates cross-border investigations and prosecutions of acts of
a preparatory nature having the potential and danger of leading to
the commission of terrorist offences.
The Additional Protocol thus provides for the
criminalisation of the following acts:
- participation in an association or group for the
purpose of terrorism;
- receiving training for terrorism;
- travelling or attempting to travel for terrorist
purposes;
- providing or collecting funds for such
travels;
- organising and facilitating such travels.
Contact point: the
Additional Protocol requires the parties to designate a contact
point for the 24/7 exchange of information on foreign terrorist
fighters. It is proposed to designate Europol as this contact
point, under the conditions stipulated in Regulation
(EU) 2016/794 on relations with partners and the transfer and
exchange of personal data.
Territorial application:
the Additional Protocol signed and eventually concluded by the
European Union is binding upon and applies in all EU Member States
with the exception of Denmark. It 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.