Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences
Date: 2005-09-20
Institutions: Council of the European Union
Subjects: Eurojust, Europol, exchange of information, fight against crime, offence, terrorism

L 253/22

EN

Official Journal of the European Union

29.9.2005

(Acts adopted under Title VI of the Treaty on European Union)

COUNCIL DECISION 2005/671/JHA

of 20 September 2005

on the exchange of information and cooperation concerning terrorist offences

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Articles 29, 30(1), 31 and 34(2)(c) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

At its extraordinary meeting on 21 September 2001, the
terrorism was a real
stated that
European Council
challenge to the world and to Europe and that
the
fight against terrorism would be a priority objective of
the European Union.

On 19 October 2001 the European Council stated that it
terrorism in every form
was determined to combat
throughout the world and that
it would continue its
efforts to strengthen the coalition of the international
community to combat
terrorism in every shape and
for example by increased cooperation between
form,
the operational
combating
terrorism: Europol, Eurojust,
the intelligence services,
police forces and judicial authorities.

responsible

services

for

is essential

in the fight against

It
terrorism for the
relevant services to have the fullest and most up-to-
date information possible in their respective fields. The
Member States’ specialised national services, the judicial
authorities and relevant bodies of the European Union
such as Europol and Eurojust absolutely need infor-
mation if they are to perform their tasks.

is

accordance with Article 4 of Common Position
2001/931/CFSP (2)
step forward. The
a major
persistence of the terrorist threat and the complexity of
ever greater
the phenomenon raise
exchanges of
information
information. The scope of
exchanges must be extended to all stages of criminal
proceedings,
including convictions, and to all persons,
groups or entities investigated, prosecuted or convicted
for terrorist offences.

the need for

(5)

(6)

Since the objectives of this decision cannot be sufficiently
achieved by the Member States acting alone and can
reciprocity, be better
therefore, given the need for
achieved at Community level,
the Community may
adopt measures, act in accordance with the principle of
In
subsidiarity as set out
accordance with the principle of proportionality, as set
out in that Article, this Decision does not go beyond
what is necessary to achieve those objectives.

in Article 5 of

the Treaty.

In the execution of the exchange of information, this
to essential national
Decision is without prejudice
jeopardise the
security interests, and it
safety of individuals or the success of a current investi-
gation or specific intelligence activities in the field of
State security.

should not

(7)

This Decision respects
rights and
the
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union,

fundamental

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Decision, the following definitions shall
apply:

(4)

Council Decision 2003/48/JHA of 19 December 2002
on the implementation of specific measures for police
terrorism in
cooperation to combat
and judicial

(a)

‘terrorist offences’: the offences specified in Articles 1, 2 and
3 of Council
Framework Decision 2002/475/JHA of
13 June 2002 on combating terrorism (3);

(1) Opinion given on 7 June 2005 (not yet published in the Official

Journal).

(2) OJ L 16, 22.1.2003, p. 68.
(3) OJ L 164, 22.6.2002, p. 3.

29.9.2005

EN

Official Journal of the European Union

L 253/23

(b) ‘Europol Convention’: the Convention of 26 July 1995 on

the establishment of a European Police Office (1);

The information to be transmitted in accordance with

4.
paragraph 3 to Europol shall be the following:

(c)

‘Eurojust Decision’: Council Decision 2002/187/JHA of
28 February 2002 setting up Eurojust with a view to rein-
forcing the fight against serious crime (2);

(a) data which identify the person, group or entity;

(b) acts under investigation and their specific circumstances;

(d) ‘group or entity’:

‘terrorist groups’ within the meaning of
Article 2 of Council Framework Decision 2002/475/JHA
listed in the Annex to
and the groups and entities
of
Council
2001/931/CFSP
Position
Common
specific
27 December 2001 on the
measures to combat terrorism (3).

application of

Article 2

Provision of information concerning terrorist offences to
Eurojust, Europol and the Member States

Each Member State shall designate a specialised service
1.
within its police services or other law enforcement authorities,
which, in accordance with national law, will have access to and
collect all relevant information concerning and resulting from
criminal investigations conducted by its law enforcement autho-
rities with respect to terrorist offences and send it to Europol in
accordance with paragraphs 3 and 4.

2.
Each Member State shall designate one, or where its legal
system so provides more than one authority, as Eurojust
national correspondent for terrorism matters or an appropriate
judicial or other competent authority which, in accordance with
national law, shall have access to and can collect all relevant
information concerning prosecutions
for
terrorist offences and send it to Eurojust in accordance with
paragraph 5.

and convictions

3.
Each Member State shall take the necessary measures to
ensure that at least the information referred to in paragraph 4
concerning criminal investigations and the information referred
to in paragraph 5 concerning prosecutions and convictions for
two or more
terrorist offences which affect or may affect
Member States, gathered by the relevant authority,
is trans-
mitted to:

(a) Europol,

law and with the
provisions of the Europol Convention, for processing; and

in accordance with national

(b) Eurojust,

in accordance with national

law and where the

provisions of the Eurojust Decision so allow.

(1) OJ C 316, 27.11.1995, p. 2. Convention as last amended by the

Protocol of 27.11.2003 (OJ C 2, 6.1.2004, p. 3).

(2) OJ L 63, 6.3.2002, p. 1. Decision as amended by Council Decision

2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

(3) OJ L 344, 28.12.2001, p. 93. Common Position as last amended by
Common Position 2005/220/CFSP (OJ L 69, 16.3.2005, p. 59).

(c)

the offence concerned;

(d) links with other relevant cases;

(e)

the use of communication technologies;

(f)

the threat posed by the possession of weapons of mass
destruction.

The information to be transmitted in accordance with

5.
paragraph 3 to Eurojust shall be the following:

(a) data which identify the person, group or entity that is the

object of a criminal investigation or prosecution;

(b) the offence concerned and its specific circumstances;

(c)

information about final convictions for terrorist offences
and the specific circumstances surrounding those offences;

(d) links with other relevant cases;

(e) requests for judicial assistance,

including letters rogatory,
addressed to or by another Member State and the response.

items of

6.
Each Member State shall take the necessary measures to
ensure that any relevant information included in documents,
files,
information, objects or other means of
evidence, seized or confiscated in the course of criminal inves-
tigations or criminal proceedings in connection with terrorist
offences can be made accessible as soon as possible, taking
account of the need not to jeopardise current investigations,
in
to the authorities of other
accordance with national
legal
instruments where investigations are being carried out or
might be initiated or where prosecutions are in progress in
connection with terrorist offences.

law and relevant international

interested Member States

Article 3

Joint investigation teams

In appropriate cases Member States shall take the necessary
measures
to conduct
criminal investigations into terrorist offences.

investigation teams

to set up joint

L 253/24

EN

Official Journal of the European Union

29.9.2005

Article 4

Requests

for

judicial

assistance and enforcement of
judgments

Article 7

Territorial Application

This Decision shall apply to Gibraltar.

requests from other Member States

Each Member State shall take the necessary measures to ensure
that
legal
assistance and recognition and enforcement of judgments in
connection with terrorist offences are dealt with as a matter
of urgency and are given priority.

for mutual

Article 5

Repeal of existing provisions

Decision 2003/48/JHA is hereby repealed.

Article 6

Implementation

Member States shall take the necessary measures to comply
with the provisions of this Decision at the latest by 30 June
2006.

Article 8

Entry into force

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Union.

Done at Brussels, 20 September 2005.

For the Council
The President

M. BECKETT