Anti-Terrorism

Fight against terrorism – definitions of terrorist crimes and support to victims

Directive (EU) 2017/541 on combating terrorism.It aims to adapt EU law to fight terrorism in light of evolving terrorist threats and taking into account the international nature of terrorism.

It establishes minimum rules concerning the definitions of offences and related sanctions in this area.

It also introduces measures of protection, support and assistance for victims.

It replaces Framework Decision 2002/475/JHA as the cornerstone of the EU countries’ criminal justice response to counter terrorism, and amends parts of Decision 2005/671/JHA on the sharing of information and cooperation concerning terrorist offences.

Definition of terrorist offences

The directive provides an exhaustive list of serious offences that EU countries must classify as terrorist offences in their national law when they are committed or there is a threat to commit them for a particular terrorist aim.

Terrorist aims are described as any of the following:

seriously intimidating a population;
unduly compelling a government or an international organisation to perform or abstain from performing any act;
seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

Related offences

The list of terrorist offences which EU countries must also punish as criminal offences, even if a terrorist offence was not effectively committed, is extended to cover:

offences related to a terrorist group (i.e. directing such a group or knowingly participating in its activities) when committed intentionally, and
offences related to terrorist activities. These include:
distributing, whether online or offline, a message with the intention of inciting a terrorist offence, for example by glorifying terrorist acts;
soliciting and recruiting another person to commit a terrorist offence;
providing or receiving training for terrorist purposes, for example, in the making or use of explosives, firearms or hazardous substances;
travelling inside, outside or to the EU for purposes of terrorism, for example to participate in the activities of a terrorist group or to carry out a terrorist attack;
organising and facilitating such travel, including logistical or material support, such as ticket purchases or route planning;
providing or collecting funds with the intention that they be used or in the knowledge that they be used to commit terrorist offences.

General features

These include:

improved rules:
on aiding and abetting, inciting and attempting, and
on jurisdiction and prosecution to ensure consistency and effective application of the relevant rules and to avoid loopholes;
the obligation for EU countries:
to introduce penalties and sanctions for physical persons and legal entities liable for the offences, which reflect the seriousness of the offences;
to take measures for the prompt removal of and blocking of access to online terrorist content hosted in their territory, and to obtain the removal of such content hosted outside their territory; and
to respect fundamental rights and fundamental legal principles, as enshrined in Article 6 of the Treaty on the European Union when implementing this directive;
amendments brought to Decision 2005/671/JHA on sharing information and cooperating concerning terrorist offences.

Support for victims

The directive includes additional clauses concerning a range of services to meet the special needs of victims of terrorism, such as the right to immediate access to professional support services offering medical and psychological support and legal or practical advice.
It also strengthens emergency response mechanisms to assist victims of terrorism immediately after a terrorist attack.
EU countries must ensure that victims of terrorism who are residents of an EU country other than that where the terrorist offence was committed have access to:
information regarding their rights,
the support services and compensation schemes available in the country where the terrorist offence was committed.

It has applied since 20 April 2017. EU countries have to incorporate it into national law by 8 September 2018.

BACKGROUND

The directive was adopted in order to align EU law with international developments, such as the adoption of UN Security Council Resolution 2178(2014) and the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism, and to combat the phenomenon of foreign fighters.
For more information, see:
Crisis & Terrorism (European Commission).

DOCUMENTS

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, pp. 6-21)

Consolidated version of the Treaty on European Union — Title I — Common provisions — Article 6 (ex Article 6 TEU) (OJ C 202, 7.6.2016, p. 19)

Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, pp. 39-50)

Successive amendments to Directive 2014/42/EU have been incorporated into the basic text. This consolidated version is of documentary value only.

Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, pp. 8-14)

Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.9.2005, pp. 22-24)

Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, pp. 3-7)

Convention on the Prevention of Terrorism

Council of Europe Convention on the Prevention of Terrorism

Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism

Decision (EU) 2018/889 concluding the Council of Europe Convention on the Prevention of Terrorism on behalf of the EU

Decision (EU) 2018/890 concluding the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism on behalf of the EU

The convention aims to support and strengthen the fight against terrorism, both by measures to be taken at national level and through international cooperation, while reaffirming that all measures have to respect:

the rule of law and democratic values;
human rights;
fundamental freedoms.
The protocol supplements the convention with a series of articles aimed notably at addressing the problem of foreign terrorist fighters.

The decisions conclude the convention and the protocol on behalf of the EU.

KEY POINTS

The convention and its protocol reinforce cooperation on prevention of terrorism in two ways:

At national level

The convention improves national counter-terrorism policies and strategies by defining as criminal offences related to terrorism the following acts that may lead to the commissioning of terrorist offences, when committed intentionally:

public provocation to commit a terrorist offence;
recruitment for terrorism;
training for terrorism;
participating as an accomplice in an offence, inciting others to commit an offence or attempting an offence.

The protocol further includes in the definition of criminal offences related to terrorism the following:

participation in an association or group for the purpose of terrorism;
receiving terrorist training;
travelling or attempting to travel abroad for terrorist purposes;
financing, organising or otherwise facilitating travel abroad for terrorist purposes.

The convention contains other articles related to the criminalisation of the above offences, namely:

establishing the liability of legal entities, the conditions for sanctions and penalties, an obligation to investigate and to prosecute and rules of jurisdiction;
safeguarding the respect of human rights obligations, in particular the right to freedom of expression, freedom of association and freedom of religion, as well as of the principle of proportionality; and
giving protection, compensation and support to victims of terrorism.

Internationally

The convention establishes an obligation to assist and extradite between countries, and promotes spontaneous information in relation to terrorist offences.

A political exception clause means that the requested country may not refuse to extradite or to offer mutual assistance on the grounds that the offence is political, connected to a political offence or inspired by political motives in the requesting country, unless the requested country has reserved the right not to apply this clause in a declaration — a possibility for which the convention sets strict limits.

A discrimination clause means that the requested country may refuse to extradite or offer mutual assistance, if it has reason to believe that:

the intention to prosecute or punish a person for a terrorist offence is in reality discrimination based on race, religion, nationality, ethnic origin or political opinion; or
that the person concerned is at a risk of violation of his or her fundamental rights in the requesting country.
The protocol provides for a 24-7 network of national contact points facilitating the rapid sharing of information. Decision (EU) 2018/890 designates Europol as this contact point for the EU, under the conditions stipulated in Regulation (EU) 2016/794 on Europol, on relations with partners and the transfer and exchange of personal data.

Territorial application

The convention and its protocol are binding upon and apply in all EU countries with the exception of Denmark, and of the UK (1) (unless it makes use of its option to take part).

Both the convention and the protocol apply in the EU from 1 October 2018.

BACKGROUND

In the European Agenda on Security, the European Commission announced it would review and update the Framework Decision on terrorism, taking into account the protocol.

With the adoption of Directive (EU) 2017/541 (Fight against terrorism — definitions of terrorist crimes and support to victims), the EU was ready to honour its commitment to conclude the protocol. This also required it to conclude the convention, at the latest simultaneously.

DOCUMENTS

Council Decision (EU) 2018/889 of 4 June 2018 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism (OJ L 159, 22.6.2018, pp. 1-2)

Council of Europe Convention on the Prevention of Terrorism (OJ L 159, 22.6.2018, pp. 3-14)

Council Decision (EU) 2018/890 of 4 June 2018 on the conclusion, on behalf of the European Union, of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (OJ L 159, 22.6.2018, pp. 15-16)

Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (OJ L 159, 22.6.2018, pp. 17-20)

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53-114)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions — The European Agenda on Security (COM(2015) 185 final, 28.4.2015)

Restrictive measures to combat terrorism

Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

It aims to prevent and ban the financing of terrorist acts.

This regulation was adopted on the basis of Common Position 2001/931/CFSP.

KEY POINTS

EU countries decide unanimously the individuals, groups and entities covered by the legislation.

The list consists of natural and legal individuals, group or entities committing, attempting to commit, participate in or facilitate acts of terrorism, or controlled by, or acting on behalf of, any of those groups.

All funds, financial assets and economic resources* belonging to, owned or held by anyone or any body on the proscribed list are frozen and may not be made available to anyone else.
It is an offence to knowingly and intentionally try to avoid the freezing of any assets.

EU countries may allow frozen funds to be used, under specific conditions, for:
essential personal needs, such as paying for food, medicines or accommodation;
taxes, insurance premiums and public utilities such as gas, water, electricity and telecommunications, and bank charges;
contracts concluded before the legislation came into force.

Banks, insurance companies and other financial institutions must provide any relevant information on frozen accounts to national authorities.
The legislation applies:
within the EU, including its airspace and on any aircraft or vessel under an EU country’s jurisdiction;
to any national of an EU country;
to any legal person, group or entity based in, or doing business within, the EU.
In December 2001, EU governments agreed to draw up of a list of individuals, groups and entities involved in terrorist acts whose funds and financial assets must be frozen (Common Position 2001/931/CFSP).

In September 2001, after the 11/9 attacks, government leaders made the fight against terrorism one of the EU’s priorities. Combating terrorism funding is a major way of achieving this. In the same month, the United Nations Security Council backed a freeze on all financial assets and economic resources used to commit terrorist acts.It has applied since 28 December 2001.

DOCUMENTS

Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, pp. 70-75)

Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, pp. 93-96)

Information exchange and cooperation regarding terrorist offences

Council Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences

The fight against terrorism is one of the priority objectives of the European Union (EU). This decision sets out a procedure for the sharing of information on criminal investigations, prosecutions and convictions for terrorist offences among EU countries.

KEY POINTS

To fight against terrorism, it is essential for the relevant services to have the fullest and most up-to-date information possible. EU countries should gather information concerning criminal investigations, prosecutions and convictions for terrorist offences, which affect 2 or more EU countries, and transmit it to Europol or Eurojust, as appropriate.

A designated specialised service from within a country’s law enforcement authorities is responsible for sending all relevant information arising from criminal investigations for terrorist offences to Europol, including:
the identity of the person or group;
the acts under investigation and the circumstances;
the offence;
links with other relevant cases;
the use of communication technologies;
the threat posed by the possession of weapons of mass destruction.
At least one authority in each country is designated as Eurojust’s national correspondent for terrorism matters, and is responsible for sending all relevant information concerning terrorist prosecutions and convictions to Eurojust, including:
the identity of the person or group under criminal investigation or subject to prosecution;
the offence concerned and its specific circumstances;
information about final convictions for terrorist offences and the specific circumstances surrounding those offences;
links with other relevant cases;
requests for judicial assistance to or from an EU country, and any response.

Each EU country ensures that relevant information from documents or other evidence obtained during investigations or terrorist proceedings is made available as soon as possible to other EU countries.
Where appropriate, countries should set up joint investigation teams to conduct investigations. Requests from other EU countries for legal assistance and enforcement of judgments should be given top priority.

The decision should not jeopardise the safety of individuals or the success of an ongoing investigation or specific intelligence operation, and does not go beyond what is necessary to achieve its objectives.
Council Recommendation 2007/562/EC concerns the sharing of information on terrorist kidnappings among EU countries.

DOCUMENTS

Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.9.2005, pp. 22–24)

Council Recommendation of 12 June 2007 concerning sharing of information on terrorist kidnappings (OJ L 214, 17.8.2007, pp. 9–12)

Counter-terrorism strategy

Article 83 Treaty on the Functioning of the European Union (TFEU)

WHAT IS THE AIM OF THE EU COUNTER-TERRORISM STRATEGY?

In 2005, the Council adopted the EU counter-terrorism strategy to fight terrorism globally and make Europe safer.
As deadly terrorist attacks continue to strike citizens in Europe and beyond, fighting terrorism is a top priority for the EU, EU countries and the EU’s partners.
Article 83 TFEU gives the European Parliament and the Council the competence to adopt minimum rules concerning the definition of particularly serious crime with a cross-border dimension, of which terrorism is an example.

Objectives

To combat terrorism effectively, the strategy focuses on 4 priorities (pillars):

prevention
protection
pursuit and
response.

Across these pillars, the strategy recognises the importance of cooperation with non-EU countries and international institutions.

Prevention

Addressing the causes of radicalisation and terrorist recruitment is a key priority for the EU. The ‘prevention’ pillar aims to combat radicalisation and recruitment of terrorists by identifying the methods, propaganda and the instruments used by terrorists. The EU helps to coordinate national policies, determine good practice and share information.

The Revised EU Strategy for Combating Radicalisation and Recruitment to Terrorism, as it was revised in 2014, aims at combatting radicalisation and recruitment while taking into account evolving trends, such as lone-actor terrorism, foreign fighters and the use of social media by terrorists. It has been further modified by a series of Council conclusions on responding to terrorist attacks on EU soil.

Examples of ongoing work in the area of countering violent radicalisation are:
the Radicalisation Awareness Network
follow up on the High Level Expert Group on Radicalisation.
An example of ongoing work in the area of countering radicalisation online is
the progress made by the EU Internet Forum underpinned by the Recommendation on tackling illegal content online with a specific focus on terrorist content.

Protection

Protecting citizens and infrastructure and reducing vulnerability to attacks is the second priority of the EU counter-terrorism strategy. This includes:

securing external borders;
improving transport security;
protecting strategic targets; and
reducing the vulnerability of critical infrastructure.

Examples of ongoing work are:

the Action Plan on the protection of public spaces to step up the support to EU countries’ efforts to protect and reduce the vulnerability of public spaces;
the so-called CBRN Action Plan to enhance preparedness against chemical, biological, radiological and nuclear (CBRN) security risks;
the proposal for a regulation on the marketing and use of explosives precursors.
Pursuit

The aim of the third pillar is to pursue terrorists across borders, while respecting human rights and international law. To achieve these goals, the EU’s focus is on:

improving cooperation and information exchange between police and judicial authorities;
depriving terrorists of their means of support and communication; and
tackling terrorist financing.
An example of ongoing work is the implementation of the 2016 Action plan to strengthen the fight against terrorist financing.

Response

Preparing, managing and minimising the consequences of a terrorist attack is the fourth objective of the EU counter-terrorism strategy. This is done by improving capabilities to deal with:

the aftermath;
the coordination of the response; and
victims’ needs.
Priorities in this area include:

developing EU crisis coordination arrangements;
developing risk assessment tools;
sharing best practices on assistance to victims of terrorism.
An example of ongoing work is the creation of an EU centre for the victims of terrorism (European Parliament pilot project).

Engagement with international partners

The EU’s security is closely linked with the situation in other countries, particularly in neighbouring states.

In June 2014, the European Council called for an effective counter-terrorism policy integrating the internal and external aspects. On 9 February 2015, in the wake of the Charlie Hebdo attacks, EU leaders stressed the need for the EU to engage more with non-EU countries on security issues and counter-terrorism.

In its conclusions on EU External Action on Counter-terrorism from 19 June 2017, the Council stressed the need for:

greater consistency between internal and external actions in the field of security, and
strengthening the role of JHA agencies (Justice and Home Affairs) with regard to non-EU countries.
It also noted that common security and defence policy missions and operations need to have a greater role in combating terrorism.

The counter-terrorism agenda is present in the relations between the EU and non-EU countries in many forms, including:

high-level political dialogues;
the adoption of cooperation clauses and agreements, or specific assistance;
capacity-building projects with strategic countries.
The EU cooperates on counter-terrorism with countries in:

the western Balkans;
Africa (the Sahel, North Africa, the Horn of Africa);
the Middle East;
North America;
Asia.
Cooperation with the US is a fundamental component of the EU’s strategy. In recent years, cooperation agreements have been reached in areas such as terrorism financing, transport and borders, mutual legal assistance and extradition. The US authorities are working more and more closely with Europol and Eurojust.

The EU also works closely with other international and regional organisations and fora to build international consensus and promote international standards for fighting terrorism.

DOCUMENTS

Consolidated version of the Treaty on Functioning of the European Union — Part Three — Union policies and internal actions — Title V — Area of freedom, security and justice — Chapter 4 — Judicial cooperation on criminal matters — Article 83 (ex Article 31 TEU) (OJ C 202, 7.6.2016, pp. 80-81)

Council of the European Union, 30 November 2005: The European Union Counter-Terrorism Strategy

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Action Plan to enhance preparedness against chemical, biological, radiological and nuclear security risks (COM(2017) 610 final, 18.10.2017)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Action Plan to support the protection of public spaces (COM(2017) 612 final, 18.10.2017)

Council Conclusions on EU External Action on Counter-terrorism (19 June 2017)

Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (OJ L 137, 24.5.2017, pp. 22-39)

Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing (COM(2016) 50 final, 2.2.2016)

Council Decision (EU, Euratom) 2015/457 of 17 March 2015 repealing Decision 2007/124/EC, Euratom establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’ (OJ L 76, 20.3.2015, pp. 1-2)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — The European Agenda on Security (COM(2015) 185 final, 28.4.2015)

Revised EU Strategy for Combating Radicalisation and Recruitment to Terrorism (19 May 2014)

Council Decision 2010/412/EU of 13 July 2010 on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (OJ L 195, 27.7.2010, pp. 3-4)

Successive amendments to Decision 2010/412/EU have been incorporated in the basic text. This consolidated version is of documentary value only.

Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (OJ L 195, 27.7.2010, pp. 5-14)