TEXT PROPOSED BY THE COMMISSION AMENDMENTS

Amendment 1

Proposal for a framework decision — amending act Recital 6a (new)

(6a) Action by the European Union to combat terrorism should be taken in close cooperation with local and regional authorities who have a key role to play, particularly in relation to prevention, in so far as the instigators and perpetrators of terrorist acts live within local communities with whose population they interact, and whose services and instruments of democracy they employ.

Amendment 2

Proposal for a framework decision — amending act Recital 7

(7) The current proposal foresees the criminalisation of terrorist linked offences in order to contribute to the more general policy objective of prevention of terrorism through reducing the dissemination of those materials which might incite persons to commit terrorist attacks. (7) The current proposal foresees the criminalisation of terrorist linked offences in order to contribute to the more general policy objective of prevention of terrorism through reducing the dissemination of those materials with the intention and the likelihood of inciting persons to commit terrorist attacks.

Amendment 3

Proposal for a framework decision — amending act Recital 10

(10) The definition of terrorist offences, including offences linked to terrorist activities, should be further approximated in all Member States, so that it will cover public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, when committed intentionally. (10) The definition of terrorist offences, including offences linked to terrorist activities, should be further approximated in all Member States, so that it will cover public incitement to commit a terrorist offence, recruitment for terrorism and training for terrorism, when committed intentionally. (This amendment applies to the entire legislative text under consideration, with the exception of Recital 9.)

Amendment 4

Proposal for a framework decision — amending act Recital 11

(11) Penalties and sanctions should be provided for natural and legal persons having committed or being liable for public provocation to commit terrorist offences, recruitment for terrorism and training for terrorism, when committed intentionally. These forms of behaviour should be equally punishable in all Member States irrespective of whether they are committed through the Internet or not. (11) Penalties and sanctions should be provided for natural and legal persons having committed public incitement to commit terrorist offences, recruitment for terrorism and training for terrorism, when committed intentionally. These forms of behaviour should be equally punishable in all Member States irrespective of whether they are committed through the Internet or not.

Amendment 5

Proposal for a framework decision — amending act Recital 11a (new)

(11a) The failure of the Council to agree on procedural rights in criminal proceedings hampers European judicial cooperation; this deadlock urgently needs to be overcome.

Amendment 6

Proposal for a framework decision — amending act Recital 12

(12) Additional jurisdictional rules should be established to ensure that public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism may be effectively prosecuted when they are directed towards or resulted in the commission of a terrorist offence which is subject to the jurisdiction of a Member State. deleted

Amendment 7

Proposal for a framework decision — amending act Recital 12a (new)

(12a) This Framework Decision is complementary to the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, and it is therefore essential, in parallel with the entry into force of this Framework Decision, that all Member States ratify that Convention.

Amendment 8

Proposal for a framework decision — amending act Recital 14

(14) The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapters II and VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as freedom of expression, assembly, or of association, the right to respect for private and family life, including the right to respect of the confidentiality of correspondence. (14) The Union observes the principles recognised by Article 6 (2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapters II and VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as freedom of expression, assembly, or of association, freedom of the press and freedom of expression of other media, or the right to respect for private and family life, including the right to respect of the confidentiality of correspondence, which also covers the content of e-mail and other kinds of electronic correspondence.

Amendment 9

Proposal for a framework decision — amending act Recital 15

(15) Public provocation to commit terrorist offences, recruitment for terrorism and training for terrorism are intentional crimes. Therefore, nothing in this Framework Decision may be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Framework Decision and, in particular, of the definition of public provocation to commit terrorist offences, (15) Public incitement to commit terrorist offences, recruitment for terrorism and training for terrorism are intentional crimes. Therefore, nothing in this Framework Decision may be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic , artistic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Framework Decision and, in particular, of the definition of public incitement to commit terrorist offences,

Amendment 10

Proposal for a framework decision — amending act Recital 15a (new)

(15a) The criminalisation of the acts listed in this Framework Decision should be effected in such a way as to be proportionate to the legitimate aims pursued, necessary and appropriate in a democratic society, and non-discriminatory; it should, in particular, be compatible with the Charter of Fundamental Rights of the European Union and with the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Amendment 11

Proposal for a framework decision — amending act Article 1 — point –1 (new) Framework Decision 2002/475/JHA Article 1 — paragraph 2

(–1) Article 1(2) is amended as follows: 2. This Framework Decision shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union, in the Charter of Fundamental Rights of the European Union and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Amendment 12

Proposal for a framework decision — amending act Article 1 — point 1 Framework Decision 2002/475/JHA Article 3 — paragraph 1 — point a

(a) ‘public provocation to commit a terrorist offence’ means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the acts listed in Article 1(1)(a) to (h), where such conduct , whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed; (a) ‘public incitement to commit a terrorist offence’ means the distribution, or otherwise making available, of a message to the public clearly and intentionally advocating the commission of one of the offences listed in Article 1(1)(a) to (h), where such conduct manifestly causes a danger that one or more such offences may be committed;

Amendment 13

Proposal for a framework decision — amending act Article 1 — point 1 Framework Decision 2002/475/JHA Article 3 — paragraph 1 — point b

(b) ‘recruitment for terrorism’ means to solicit another person to commit one of the acts listed in Article 1(1), or in Article 2(2); (b) ‘recruitment for terrorism’ means intentionally to solicit another person to commit one of the offences listed in Article 1(1) (a) to (h) , or in Article 2(2);

Amendment 14

Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 1 — point c

(c) ‘training for terrorism’ means to provide instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing one of the acts listed in Article 1(1), knowing that the skills provided are intended to be used for this purpose. (c) ‘training for terrorism’ means to provide instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing one of the offences listed in Article 1(1) (a) to (h) , knowing that the skills provided are intended to be used for this purpose.

Amendment 15

Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 2 — point d

(d) aggravated theft with a view to committing one of the acts listed in Article 1(1); (d) aggravated theft with a view to committing one of the offences listed in Article 1(1);

Amendment 16

Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 2 — point e

(e) extortion with a view to the perpetration of one of the acts listed in Article 1(1); (e) extortion with a view to the perpetration of one of the offences listed in Article 1(1);

Amendment 17

Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 2 — point f

(f) drawing up false administrative documents with a view to committing one of the acts listed in Article 1(1)(a) to (h) and Article 2(2)(b). (f) drawing up false administrative documents with a view to committing one of the offences listed in Article 1(1)(a) to (h) and Article 2(2)(b).

Amendment 18

Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 3a (new)

3a. Member States shall ensure that the acts referred to in paragraph 2(a) to (c) of this Article are criminalised with due respect for the obligations relating to freedom of speech and freedom of association by which those States are bound, in particular the obligations relating to freedom of the press and freedom of expression in other media, and with due respect for the confidentiality of correspondence, including the content of e-mail and other kinds of electronic correspondence. The criminalisation of the acts covered in paragraph 2(a) to (c) shall not have the effect of reducing or restricting the dissemination of information for scientific, academic, artistic or reporting purposes, the expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism.

Amendment 19

Proposal for a framework decision — amending act Article 1 — point 1 Framework decision 2002/475/JHA Article 3 — paragraph 3b (new)

3b. Member States shall also ensure that the criminalisation of the acts referred to in paragraph 2(a) to (c) of this Article is effected in a way which is proportionate to the nature and the circumstances of the offence, having regard to the legitimate aims pursued and the necessity thereof in a democratic society, and excludes any form of arbitrariness and discriminatory or racist treatment.

Amendment 20

Proposal for a framework decision — amending act Article 1 — point 3 Framework decision 2002/475/JHA Article 9 — paragraph 1 a