Council of the EU confirms agreement with the European Parliament on Directive combating Terrorism

On 30 November 2016, the Permanent Representatives Committee (Coreper) confirmed  that an agreement had been reached by the Slovak presidency with the European Parliament on the Directive on combatting terrorism.

 

On 5 December, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) also confirmed that agreement. This confirmation can be interpreted as the last steps before the final formal adoption of the directive in the coming months.

Slovenian Minister of Justice, Ms. Lucia Žitňanská  claimed that 'the agreement we have reached is the right balance between the need to effectively combat new forms of terrorism - in particular foreign fighters - while at the same time safeguarding individual rights and reinforcing protection and rights of victims of terrorism."According to Ms. Žitňanská the agreement shows that there is a common understanding between the EP, the Council and the Commission on the evolving terrorist threat. The directive is a way to prevent radicalisation and enhance information exchange on terrorist acts.

The Directive strengthens and updates the existing Framework Decision 2002/475/JHA, in particular, as it criminalises:

  • Travelling for terrorist purposes, to counter in particular the phenomenon of foreign terrorist fighters. The compromise reached between the institutions will ensure that for example travel to conflict zones with the purpose to join the activities of a terrorist group or travel to a EU Member State with the purpose to commit a terrorist attack will be made punishable. 
  • The organisation and facilitation of such travels, including through logistical and material support, for example the purchase of tickets or planning itineraries;
  • Receiving training for terrorist purposes,  e.g. in the making or use of explosives, firearms, noxious or hazardous substances mirroring the already existing provision of knowingly providing such a training ;
  • Providing or collecting funds with the intention or the knowledge that they are to be used to commit terrorist offences and offences related to terrorist groups or terrorist activities;

The Directive further complements the current legislation on rights for victims of terrorism. In this respect, the compromise text includes a catalogue of services to meet the specific needs of victims of terrorism, such as the right to receive immediate access to professional support services providing medical and psycho-social treatments, or to receive legal or practical advice, as well as assistance with compensation claims. The emergency response mechanisms immediately after an attacks will be also strengthened. 

The Directive envisages also enhanced rules for exchange of information between the Member States  related to terrorist offences  gathered in criminal proceedings.

The text of the Directive will now go to revision by lawyer linguists before the final adoption by the Parliament and the Council early next year.

More information is available here.