Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism
Date: 2015-12-02
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: area of freedom, security and justice, cross-border cooperation, exchange of information, fight against crime, financing, fundamental rights, help for victims, human rights, terrorism

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 2.12.2015  COM(2015) 625 final 2015/0281 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Acts  of  terrorism  constitute  one  of  the  most  serious  violations  of  the  universal  values  of 
human  dignity,  freedom,  equality  and  solidarity,  the  enjoyment  of  human  rights  and 
fundamental freedoms and one of the most serious attacks on the principles of democracy and 
the  rule  of  law  on  which  the  European  Union  is  founded.  It  is  important  to  have  adequate 
tools  in  place  to  protect  EU  citizens  and  all  people  living  in  the  EU  and  counter  such 
violations  in  an  effective  and  proportionate  manner,  which  are  adequate  to  meet  up  to  the 
threats  the  EU  is  confronted  with,  while  preserving  a  society  in  which  pluralism,  non-
discrimination, tolerance, justice, solidarity and equality prevail. 

The  terrorist  threat  has  grown  and  evolved  in  recent  years.  In  the  European  Agenda  on 
Security1the  Commission  identified  upgrading  the  EU  framework  to  address  terrorism  as  a 
priority and announced its intention to update the existing criminal law legislation in this area 
to  meet  these  new  challenges.  A  legislative  proposal  to  revise  the  Framework  Decision  on 
Terrorism was announced in the Commission Work Programme 20162, since Member States 
are  increasingly  faced  with  the  phenomenon  of  an  increasing  number  of  individuals  who 
travel abroad for the purposes of terrorism and the threat they pose upon their return.  

These individuals are often referred to as "foreign terrorist fighters". While the phenomenon 
as such is not new, the scale and scope of people travelling to conflict zones, in particular to 
Syria and Iraq, to fight or train with terrorist groups is unprecedented. The latest Europol EU 
Terrorism  Situation  and  Trend  Report  (TE-SAT)3  analysed  that  the  current  scale  of  the 
phenomenon is growing: by late 2014, the overall number of people who have departed from 
the  EU  to  conflict  areas  was  estimated  to  have  exceeded  3000  and  is  now  assessed  to  have 
reached 5000, while at the same time the number of returnees was reported to have increased 
in some Member States. Member States have reported that this represents a significant threat 
to security. 

As emphasised by Europol, "although only a small contingent of returning fighters might be 
committed to carrying out attacks in the EU, individuals who have travelled to conflict zones 
will  continue  to  pose  a heightened  threat  to  all  EU  Member  States.  In  addition  to  contacts, 
returning fighters may have gained combat and operational experience – and consequently be 
capable of more impactful or multiple attacks – and are likely to serve as role models to like-
minded  young  people.  Furthermore,  those  not  involved  in  attack  planning  may  instead  be 
active in radicalising and recruiting others, facilitation activities and fundraising." 

The attacks carried out on European soil in the course of 2014 and 2015, culminating in the 
recent attacks in Paris on the night of 13 November 2015, tragically illustrated that this risk 
can materialise,hence the need to scale up the EU-level response by adapting it to the threats. 
While investigations are ongoing, the information already available demonstrates that foreign 
terrorist fighters were involved in at least six terrorist attacks or plots in 2015: the terrorists 

1  
2  
3 

COM(2015) 185 final of 28 April 2015. 
COM(2015) 610 final of 27 October 2015. 
https://www.europol.europa.eu/content/european-union-terrorism-situation-and-trend-report-2015  

EN 

2 

   EN 

                                                 
had either directly travelled to conflict zones (e.g. Yemen, Syria) or were inspired or directed 
to commit acts of terror by other individuals currently in Syria.  

Although  most  of  the  attacks  carried  out  since  2014  in  the  EU  were  "individual"  terrorist 
attacks, the risk of more sophisticated modi operandi and larger scale attackes (carried out by 
several operatives armed with  explosives  and firearms)  was evidenced by the 13 November 
terrorist attacks in Paris. 

While the foreign terrorist fighters constitutes the primary source of concern, the threat posed 
by  home-grown  terrorists,  radicalised  lone  attackers  and  "frustrated"  terrorist  travellers  (for 
example  following  seizure  of  their  passport)  should  not  be  underestimated.  Several  such 
attacks  and  foiled  plots  were  recorded  in  the  EU  and  other  Western  countries  (e.g.  the  US, 
Canada and Australia) over the last 12 months. 

The cross-border dimension of the terrorist threat is not limited to travel to conflict areas in 
third  countries.  Terrorists  consider  evasive  techniques  to  avoid  raising  suspicion:  they 
circulate  within  the  EU  and  may  transit  through  countries  other  than  their  country  of 
residence/nationality with a view to circumvent controls and surveillance. In addition, recent 
attacks perpetrated in the EU demonstrate that terrorists travel to other Member States to carry 
out attacks or for logistical reasons (e.g. funding, procurement of weapons). 

Terrorist  groups  have  demonstrated  advanced  skills  in  the  use  of  the  Internet  and  new 
communication technologies to disseminate propaganda, interact with potential recruits, share 
knowledge,  plan  and  coordinate  operations.  The  Internet  and  social  media  have  notably 
offered new opportunities for radical and terrorist groups to target vulnerable audiences and 
thereby facilitate recruitment and/or self-radicalisation.  

The  use  of  high  quality  communication  material  (magazines,  videos)  and  a  decentralised 
approach facilitated by a network of accounts on a variety of social media platforms allows 
for  rapid  dissemination  of  terrorist  and  radical  materials  through  constantly  adapting  use  of 
information technologies. The Internet has become the primary channel used  by terrorists to 
disseminate  propaganda,  issue  public  threats,  glorify  horrendous  terrorist  acts  such  as 
beheadings, and claim responsibility for attacks. 

The existing rules need to be aligned taking into account the changing terrorist threat Europe 
is  facing.  This  includes  adequate  criminal  law  provisions  addressing  the  foreign  terrorist 
fighter  phenomenon  and  risks  related  to  the  travel  to  third  countries  to  engage  in  terrorist 
activities but also the increased threats from perpetrators who remain within Europe.  

More  coherent,  comprehensive  and  aligned  national  criminal  law  provisions  are  necessary 
across the EU to be able to effectively prevent and prosecute foreign terrorist fighters-related 
offences and to respond in an appropriate manner to the increased cross-border practical and 
legal challenges.  

Framework  Decision  2002/475/JHA4  already  criminalises  certain  terrorist  acts,  including  in 
particular  the  commission  of  terrorist  attacks,  participation  in  the  activities  of  a  terrorist 
group,  including  financial  support  to  these  activities,  public  provocation,  recruitment  and 

4 

Council  Framework  Decision  2002/475/JHA  of  13  June  2002  on  combating  terrorism  (OJ  L  164, 
22.6.2002,  p.  3).  Amended  by  Council  Framework  Decision  2008/919/JHA  of  28  November  2008 
amending Framework Decision 2002/475/JHA on combating terrorism (OJ L 330, 9.12.2008, p. 31). 

EN 

3 

   EN 

                                                 
training  to  terrorism.  as  well  as  rules  on  aiding  and  abetting,  incitement  and  attempt  of 
terrorist offences. 

However,  Framework  Decision  2002/475/JHA  needs  to  be  reviewed  to  implement  new 
international  standards  and  obligations  taken  by  the  EU  and  to  tackle  the  evolving  terrorist 
threat in a more effective way, thereby enhancing the security of the EU and the safety of its 
citizens. 

Victims of terrorism require protection, support and  assistance  that respond to their specific 
needs. In particular, they should receive immediate access to professional, specialist support 
services  providing  for  physical  and  psycho-social  treatments.  In  the  aftermath  of  terrorist 
attacks, access to reliable information for victims of terrorism and about victims of terrorism 
is crucial. Since the terrorist attacks aim at large groups of people, victims may often be from 
other countries than the country of the attack. Cross-border cooperation among the competent 
national  authorities  is  therefore  crucial  to  ensure  that  all  victims  of  terrorism  are  well 
informed and receive the necessary assistance independently of where in the European Union 
they live. 

Directive  2012/29/EU5  lays  down  a  set  of  binding  rights  for  all  victims  of  crime,  including 
rights  to  protection,  support  and  assistance  that  take  into  account  individual  needs  of  every 
victim  of  crime.  These  provisions  do  not  however  provide  for  any  specific  measures  for 
victims of terrorism. The adoption of more specific measures that respond more precisely to 
the needs of victims of terrorism would bring a significant added value. Properly tailored rules 
on  protection,  support  and  assistance  to  the  victims  of  terrorism  should  add  to  the  healing 
process of the surviving victims and families of those who have died and thus, indirectly, to 
the healing process of the whole societies. 

• 

Need to implement relevant international standards and obligations and address 
the evolving terrorist threat 

The UN Security Council Resolution (UNSCR) 2178(2014) on threats to international peace 
and security caused by terrorist acts adopted on 24 September 2014 sets out a broad range of 
measures to combat the Foreign Terrorist Fighters phenomenon. Under operative paragraph 6, 
UN Member States are required to ensure that their domestic laws and regulations establish 
serious criminal offences sufficient to prosecute and to penalize in a manner duly reflecting 
the seriousness of the offence: a) travel or attempted travel to a third country with the purpose 
of contributing to the commission of terrorist acts or the providing or receiving of training; b) 
the funding of such travel and c) the organisation or facilitation of such travel. 

In its Resolution 2178(2014), the Security Council reaffirmed the obligation of all  States to 
comply  with  international  human  rights  law  when  fighting  terrorism,  underscoring  that, 
respect  for  human  rights  and  the  rule  of  law  are  essential  to  a  successful  counter-terrorism 
effort. It noted that a failure to comply with human rights and other international obligations 
contributed to increased radicalization and fostered a sense of impunity.  

UNSCR 2178(2014) equally stresses the need for States to engage relevant local communities 
and  non-governmental  actors  in  developing  strategies  to  counter  the  violent  extremist 

5 

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37). 

EN 

4 

   EN 

                                                 
 
narrative  that  can  incite  terrorist  acts,  address  the  conditions  conducive  to  the  spread  of 
violent  extremism,  which  can  be  conducive  to  terrorism,  including  by  empowering  youth, 
families, women, religious, cultural and education leaders, and all other concerned groups of 
civil society, and adopt tailored approaches to countering recruitment to this kind of violent 
extremism and promoting social inclusion and cohesion. 

Furthermore,  UNSCR  2249(2015)  of  20  November  2015  urges  Member  States  to  intensify 
their efforts to stem the flow of foreign terrorist fighters to Iraq and Syria and to prevent and 
suppress  the  financing  of  terrorism.  In  a  similar  vein,  for  instance  UNSCR  2199  (2015) 
reaffirmed  that  "all  States  shall  ensure  that  any  person  who  participates  in  the  financing, 
planning,  preparation  or  perpetration  of  terrorist  acts  or  in  supporting  terrorist  acts  is 
brought  to  justice  and  ensure  that  such  terrorist  acts  are  established  as  serious  criminal 
offenses  in  domestic  laws  and  regulations  and  that  the  punishment  duly  reflects  the 
seriousness of such terrorist acts, and emphasizes that such support may be provided through 
trade in oil and refined oil products, modular refineries and related material with ISIL, ANF 
and all other individuals, groups, undertakings and entities associated with Al-Qaida." 

Following  negotiations  in  early  2015,  an  Additional  Protocol  to  the  Council  of  Europe 
Convention  on  the  prevention  of  terrorism  was  adopted  in  May  2015  implementing  certain 
criminal law provisions of the UNSCR 2178(2014), and in particular its operative paragraph 
6.  The  Additional  Protocol  supplements  the  Council  of  Europe  Convention,  which  already 
requires the criminalisation of certain terrorist offences. As  a result, the Additional Protocol 
requires the criminalisation of the following acts: participation in an association or group for 
the purpose of terrorism (Article 2), receiving training for terrorism (Article 3), travelling or 
attempting to travel for terrorist purposes (Article 4), providing or collecting funds for such 
travels  (Article  5)  and  organising  and  facilitating  such  travels  (Article  6).  It  also  requires 
parties to strengthen the timely exchange of information between them (Article 7). 

Similarly to the UNSCR 2178(2014), the Additional Protocol reaffirms the obligation of each 
Party  to  ensure  that  the  implementation  of  the  Additional  Protocol  is  carried  out  while 
respecting human rights obligations, in particular the right to freedom of movement, freedom 
of expression, freedom of association and freedom of religion, as set out in the Convention for 
the  Protection  of  Human  Rights  and  Fundamental  Freedoms,  the  International  Covenant  on 
Civil and Political Rights and other obligations under international law, and recalls the need to 
ensure respect of the principle of proportionality, with respect to the legitimate aims pursued 
and  to  their  necessity  in  a  democratic  society,  and  to  exclude  any  form  of  arbitrariness  or 
discriminatory or racist treatment. 

The EU signed the Additional Protocol as well as the Convention on 22 October 2015. 

The  Financial  Action  Task  Force  (FATF)  Recommendations  issued  in  2012  concerning 
terrorist  financing  and  more  specifically  the  recommendation  on  the  criminalisation  of 
terrorist  financing  (Recommendation  No.  5)  provide  that  "countries  should  criminalise 
terrorist financing on the basis of the Terrorist Financing Convention, and should criminalise 
not  only  the  financing  of  terrorist  acts  but  also  the  financing  of  terrorist  organisations  and 
individual terrorists even in the absence of a link to a specific terrorist act or acts"6.  

6 

For  the  FATF  Recommendations  as  well  as  the  accompanying  interpretative  note,  please  consult: 
http://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf  

EN 

5 

   EN 

                                                 
In light of the urgent need to address the threat posed by foreign terrorist fighters, the FATF 
revised  the  Interpretive  Note  to  Recommendation  5  on  the  criminal  offence  of  terrorist 
financing  to  incorporate  the  relevant  element  of  UNSCR  2178.  This  clarifies  that 
Recommendation 5 requires  countries to  criminalise  financing the travel of individuals who 
travel  to  a  State  other  than  their  States  of  residence  or  nationality  for  the  purpose  of  the 
perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or 
receiving of terrorist training. 

Framework  Decision  2002/475/JHA  criminalises  certain  terrorist  acts,  including  the 
commission  of  terrorist  attacks,  participation  in  the  activities  of  a  terrorist  group,  including 
financial support to these activities as well as public provocation, recruitment and training for 
terrorism  (the  latter  three  offences  implementing  the  provisions  of  the  Council  of  Europe 
Convention  on  the  prevention  of  terrorism,  CETS  No  196).  However,  Framework  Decision 
2002/475/JHA does not explicitly require the criminalisation of travel to third countries with 
terrorist  intentions,  nor  does  it  explicitly  require  the  criminalisation  of  being  trained  for 
terrorist  purposes  referred  to  in  the  UNSCR  2178(2014)  and  required  by  the  Additional 
Protocol.  Furthermore,  the  Framework  Decision  2002/475/JHA  currently  only  requires 
criminalisation of terrorist financing to the extent that funding is provided to a terrorist group 
but  not  e.g.  if  provided  to  all  offences  related  to  terrorist  activities,  including  recruitment, 
training or travelling abroad for terrorism. 

In  its  conclusions  of  13  October  2014,  the  Council  called  upon  the  Commission  to  explore 
ways to overcome possible shortcomings of the Framework Decision 2002/475/JHA in light 
of, in particular, the UN Security Council Resolution 2178(2014).7 In the Joint Statement after 
the  Riga  Justice  and  Home  Affairs  Council,  EU  Ministers  agreed  on  the  importance  to 
consider  possible  legislative  measures  to  establish  a  common  understanding  of  terrorism 
offences  in  light  of  UNSCR  2178(2014).  The  European  Parliament  also  stressed,  in  its 
Resolution  of  11  February  2015,  the  need  to  harmonise  criminalisation  of  foreign-fighter-
related  offences  and  avoid  prosecution  gaps  by  updating  the  Framework  Decision  on 
Terrorism.  The  JHA  Council  of  20  November  2015  welcomed  the  intention  of  the 
Commission  to  present  a  proposal  for  a  directive  updating  the  Framework  Decision  on 
combating terrorism before the end of 2015. 

In  order  to  implement  the  obligations  arising  from  the  Additional  Protocol  as  well  as  the 
relevant  FATF  Recommendation  on  terrorist  financing,  it  is  necessary  to  revise  Framework 
Decision 2002/475/JHA.  

In addition to the amendments necessary to ensure compliance with international obligations 
and  standards,  there  is  a  need  to  provide  comprehensive  measures  taking  into  account  the 
evolving  terrorist  threat  and  the  need  for  appropriate  tools  to  facilitate  investigation  and 
prosecution  of  all  relevant  terrorist  modus  operandi,  avoiding  significant  loopholes  in  the 
criminal justice response. 

In  this  spirit,  the  draft  Directive  also  proposes  to  criminalise  the  following  behaviours: 
attempt  of  recruitment  and  training,  travel  abroad  with  the  purpose  of  participating  in  the 
activities of a terrorist group, and the financing of the various terrorist offences defined in the 
draft Directive. 

7 

Council Document 14160/14. 

EN 

6 

   EN 

                                                 
Furthermore,  given  the  evolving  terrorist  threat  supplementing  the  threat  emanating  from 
foreign  terrorist  fighters  travelling  to  third  countries  to  engage  in  terrorist  activities,  the 
proposal also foresees the criminalisation of travel to any country, including to those within 
the EU and including to the country of nationality or residence of the perpetrator. 

In  addition,  and  in  line  with  the  necessity  to  capture  different  forms  of  support  to  terrorist 
activities including trade transactions and import and export of goods destined to support the 
commission of terrorist offences, the proposal contains a clarification that any such material 
support would be covered by the provisions of the Directive. 

The  proposal  also  improves  existing  provisions  on  aiding  and  abetting,  incitement  and 
attempt, as well as rules on jurisdiction, ensuring consistency and effective application of the 
relevant provisions and avoiding loopholes. 

Finally,  the  proposal  includes  additional  provisions  governing  specific  support  measures  to 
victims of terrorism. 

In  addition  to  filling  existing  enforcement  gaps,  the  consolidation  of  the  acquis  in  the  field 
will ensure simplification and accessibility. Given the scope of the proposed measures and the 
objective  of  consolidation,  an  EU  Directive  replacing  the  existing  Framework  Decision 
2002/475/JHA is considered most appropriate. 

• 

Consistency with existing policy provisions in the policy area 

The  European  Agenda  on  Security,  making  reference  to  developments  at  international  and 
European level, committed the Commission to review the Framework Decision on Terrorism 
establishing  a  common  understanding  of  terrorist  offences  and  in  particular  those  related  to 
foreign terrorist fighters8.  

In October 2015, the Commission stressed in its Work Programme for 2016 that terrorism and 
radicalisation  require  an  EU  response  and  announced  it  would  present  a  proposal  for  the 
revision  of  the  Framework  Decision  on  Terrorism  to  address  the  phenomenon  of  foreign 
terrorist fighters9.  

The  present  proposal  for  a  Directive  on  combating  terrorism,  implementing  requirements 
under the Additional Protocol, will pave the way for the conclusion of the Additional Protocol 
and the Convention, for which specific proposals will also be presented promptly.  

The present proposal is part of a broader endeavour which also includes increased efforts in 
preventing radicalisation. To enhance and support efforts to prevent radicalisation leading to 
violent  extremism  and  terrorism  the  Commission  has  established  the  RAN  Centre  of 
Excellence  which  supports  a  large  network  of  local  practitioners  (the  Radicalisation 
Awareness  network).  The  RAN  Centre  facilitates  the  exchange  of  practices  and  expertise, 
consolidates  know  how  and  identifies  and  develops  best  practices,  concrete  guidance  and 
tailor  made  support  services.  It  helps  delivering  on  the  various  actions  identified  in  the 
Commission  Communication  "Preventing  Radicalisation 
to  Terrorism  and  Violent 
Extremism: Strengthening the EU's Response".10 

8 
9 
10 

COM(2015) 185 final of 28.4.2015 
COM(2015) 610 final of 27.10.2015 
COM(2013) 941 final, 15.01.2014. 

EN 

7 

   EN 

                                                 
EU  legislation  already  exists  on  the  information  exchange  between  the  competent  national 
authorities in the field of security and the fight against terrorism, namely Council Framework 
Decision  2006/960/JHA,11 Decision  2008/615/JHA  (Prüm-Decision),12   particularly 
in 
combating  terrorism  and  cross-border  crime  and  the  Decision  2005/671/JHA.13  This 
legislation foresees, similar to Article 7 of the Additional Protocol, the obligation for Member 
States to create national contact points and exchange spontaneously information where there 
are  reasons  to  believe  that  the  information  could  assist  in  the  detection,  prevention  or 
investigation of terrorist offences. 

• 

Consistency with other Union policies 

The  phenomenon  of  foreign  terrorist  fighters  clearly  demonstrates  the  importance  of  the 
common  foreign  and  security  policy  for  the  Union's  internal  security.  The  HRVP  and  the 
Commission presented a joint Communication on 6 February 2015 on the Elements for an EU 
Regional  strategy  for  Syria  and  Iraq  as  well  as  the  Da'esh  threat14  aiming  at  stemming  the 
flow of foreign fighters to Syria/Iraq and funds to Da'esh and to build capacity to implement 
UNSCR 2178(2014) and counter terrorist financing. 

The present proposal complements the EU regime for freezing the assets of foreign terrorist 
organisations and individuals. This is laid down on one hand, in Council Regulation 881/2002 
implementing  the  UNSC  designations  of  persons  and  entities  linked  to  Al-Qaeda  (UNSCR 
1267 and 1390) and, on the other hand, the so called EU 'autonomous' measures in line with 
UNSCR 1373 targeting other terrorists and organisations not linked to Al-Qaeda.  

This proposal complements the preventive measures related to terrorist financing of Directive 
2015/849/EU.  

This  proposal  also  complements  the  EU  policy  in  the  area  of  victims'  rights.  In  particular 
Directive  2012/29/EU  that  entered  into  application  in  the  Member  States  on  16  November 
2015, provides for a set of rights for all victims of rights. Directive 2004/80/EC requires that 
the  Member  States  ensure  compensation  to  victims  of  violent  intentional  acts,  including  in 
cross-border  situations.  This  proposal  builds  on  the  existing  EU  rules  related  to  victims’ 
rights, without however enlarging their scope. In particular, it develops and deepens several 
provisions  of  the  Directive  2012/29/EU  to  provide  specific  support  to  address  the  needs  of 
victims of terrorist offences. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This proposal replaces Framework Decision 2002/475/JHA and seeks to put in place updated 
EU  level  legislation  establishing  minimum  rules  on  the  definition  of  terrorist  offences, 
offenses related to a terrorist group or terrorist activities and penalties in this area. Terrorism 

11 

12 

13 

14 

Council  Framework  Decision  2006/960/JHA  of  18  December  2006  on  simplifying  the  exchange  of 
information  and  intelligence  between  law  enforcement  authorities  of  the  Member  States  of  the 
European Union (OJ L 386, 29.12.2006, p. 89). 
Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation (OJ L 
210, 06.08.2008, p. 1). 
Council Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist 
offences (OJ L 253, 29.9.2005, p. 22). 
JOIN(2015) 2 final of 6.2.2015. 

EN 

8 

   EN 

    
 
 
                                                 
is a serious crime with a cross-border dimension by reason of its nature, impact and the need 
to combat it on a common basis.  

Article 83(1) of the Treaty on the Functioning of the European Union (TFEU) is therefore the 
appropriate legal basis for this proposal. This article enables the European Parliament and the 
Council to establish the necessary minimum rules on the definition of criminal offences and 
sanctions  by  means  of  directives  adopted  in  accordance  with  the  ordinary  legislative 
procedure. 

The  inclusion  of  provisions  related  to  the  victims’  rights  require  an  addition  of  the  relevant 
provision  as  a  legal  basis.  Article  82(2)  TFUE  enables  the  European  Parliament  and  the 
Council, acting in accordance with the ordinary legislative procedure, to establish minimum 
rules  concerning  the  rights  of  victims  of  crime.  Point  c)  of  Article  82(2)  TFUE  should  be 
therefore added as an additional legal basis.  

Both Article 83(1) TFUE and Article 82(2) TFUE provide for the same legislative procedure. 
The proposal should be therefore based on both Article 83(1) TFUE and Article 82(2) TFUE. 

• 

Variable geometry  

Framework Decision 2002/475/JHA currently in force is applicable to all the Member States 
with  the  exception  of  the  United  Kingdom,  which  in  accordance  with  Article  10(4)  of 
Protocol number 36 annexed to the TEU and to the TFEU, exercised its right to opt out of this 
legal framework with effect from 1 December 2014. 

In accordance with Protocol  21 on the position of the United Kingdom and Ireland in respect 
of the area of freedom, security and justice annexed to the Treaties, the United Kingdom and 
Ireland may decide to  take part in  the adoption of this proposal. They also have  this  option 
after adoption of the proposal.  

Under  the  Protocol  22  on  the  position  of  Denmark,    Denmark  does  not  take  part  in  the 
adoption by the Council of the measures pursuant to Title V of the TFEU (with the exception 
of "measures determining the third countries whose nationals must be in possession of a visa 
when crossing the external borders of the Member States, or measures relating to a uniform 
format  for  visas").  Therefore,  under  the  arrangements  currently  in  force,  Denmark  does  not 
take  part in  the  adoption  of  this  proposal  and  will  not  be  bound  by  it. Framework  Decision 
2002/475/JHA,  as  amended  by  Framework  Decision  2008/919/JHA  shall  continue  to  be 
binding upon and applicable to Denmark. 

• 

Subsidiarity  

Action in the area of freedom, security and justice falls within an area of competence shared 
between the EU and the Member States in accordance with Article 4(2) TFEU. Therefore, the 
subsidiarity  principle  is  applicable  by  reason  of  Article  5(3)  TEU,  according  to  which  the 
Union  shall  act  only  if  and  in  so  far  as  the  objectives  of  the  proposed  action  cannot  be 
sufficiently achieved by the Member States, either at central level or at regional and local 
level,  but  can  rather,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better 
achieved at Union level.  

Having  been  adopted  under  Chapter  VII  of  the  UN  Charter,  the  requirements  set  out  in 
UNSCR  2178(2014)  are  binding  on  UN  Member  States.  EU  Member  States  have  already 
started  reviewing  their  respective  legal  framework  and  in  some  cases  have  adopted  new 

EN 

9 

   EN 

measures  ensuring  compliance  with  the  UNSCR  in  particular  as  regards  requirements  of 
foreign terrorist travel and related behaviour. 

The  Additional  Protocol  implements  the  part  of  the  UNSCR  2178(2014)  related  to  the 
criminalisation of foreign terrorist travel. By signing the Additional Protocol  on 22 October 
2015 the EU has expressed the willingness to conclude the Additional Protocol in accordance 
with Article 218(6) TFEU. Conclusion will require the EU to incorporate the standards set by 
the Additional Protocol into Union law, which as mentioned above does not currently require 
the criminalisation of all the conduct foreseen in the Additional Protocol.  

Implementing  the  Additional  Protocol  and  the  relevant  criminal  law  aspects  of  UNSCR 
2178(2014) through EU-wide minimum rules, and in particular additional common definitions 
of criminal offences taking account of the evolution of terrorist threats, would avoid any legal 
gaps  that  may  result  from  a  fragmented  approach  and  would  be  of  clear  added  value  for 
enhancing the security of the EU and the safety of EU citizens and people living in the EU. 
Furthermore,  EU-wide  definitions  would  facilitate  a  common  understanding  and  benchmark 
for  cross-border  information  exchange  and  cooperation  in  police  and  judicial  matters.  In  a 
similar vein, and as stressed in the European Agenda on Security, minimum rules on criminal 
offences  in  line  with  the  UNSCR  2178(2014)  and  the  Additional  Protocol  would  also 
facilitate cooperation with third countries providing a common benchmark both within the EU 
and with international partners.  

A  similar  reasoning  applies  to  the  incorporation  of  the  FATF  Recommendation  on  the 
criminalisation of terrorist financing into EU law. While Member States are already obliged to 
comply  with  the  FATF  Recommendation  and  have  to  a  large  extent  adopted  the  necessary 
implementing  measures,  the  extension  of  the  offence  of  terrorist  financing  as  currently 
included in Article 2 of Framework Decision 2002/475/JHA at EU level ensures that Member 
States  are  not  subject  to  different  legal  obligations  and  that  the  differences  in  the  scope  of 
criminal  offences  do  not  affect  cross  border  information  exchange  and  operational 
cooperation. 

Similarly,  given  the  cross-border  nature  of  the  terrorist  threats,  the  scope  of  the  offences, 
including  those  not  required  by  international  obligations  and  standards,  needs  to  be 
sufficiently aligned to be truly effective. 

These  objectives  cannot  be  sufficiently  achieved  by  EU  Member  States  acting  alone,  since 
legislation only at the national level would not have the effect of establishing minimum rules 
on the definitions of and penalties for terrorist offences applicable throughout the EU. If the 
Union  legal  framework  does  not  comply  with  the  Additional  Protocol  whereas  certain 
Member  States  will  be  party  to  it,  the  result  would  be  a  possible  divergence  between  the 
Member States' obligations under Union law and their obligations under international law. 

A  comprehensive  and  sufficiently  homogeneous  legal  framework  can  therefore  be  better 
achieved at the level of the Union. The Union may therefore adopt measures, in accordance 
with the principle of subsidiarity.  

• 

Proportionality 

In accordance with the principle of proportionality, as set out in Article 5 of the EU Treaty, 
the proposed new Directive is limited to  what is necessary and proportionate to,  on the one 
hand  implement  international  obligations  and  standards  (in  particular  as  regards  the 
criminalisation  of  travel  to  another  country  for  terrorist  purposes,  being  trained  for  terrorist 

EN 

10 

   EN 

purposes,  required  under  the  Additional  Protocol,  and  terrorist  financing  not  limited  to  the 
activities  of  a  terrorist  group  but  extended  to  all  terrorist  offences  and  terrorist  related 
offences without there being a link to a specific terrorist acts, ( as required under the FATF 
standards)),  and  on  the  other  hand,  to  adapt  existing  terrorist  offences  to  the  new  terrorist 
threats  (requiring  for  instance  the  criminalisation  of  travel  for  terrorist  purposes  also  within 
the EU).  

The proposal defines the scope of the criminal offences with a view to covering all relevant 
conduct while limiting it to what is necessary and proportionate.  

• 

Choice of the instrument 

In accordance with 83(1) TFEU the establishment of minimum rules concerning the definition 
of criminal offences and sanctions in the area of serious crime with a cross-border dimension, 
including terrorism, can only be achieved by means of a Directive of the European Parliament 
and the Council adopted in accordance with the ordinary legislative procedure. The same is 
true as regards the establishment of minimum rules pursuant to Article 82(2) TFEU. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  transposition  of  the  relevant  provisions  into  national  law  of  Framework  Decision 
2002/475/JHA has been the subject of several implementation reports15, including the report 
of  September  2014  on  the  implementation  of  the  amendments  introduced  by  Framework 
Decision 2008/919/JHA.16  

The  implementation  report  also  found  that  several  Member  States  had  gone  beyond  the 
requirements of the Framework Decision 2008/919/JHA in particular by adopting provisions 
criminalising  the  receipt  of  terrorist  training  indicating  an  existing  enforcement  gap,  and  by 
criminalising attempt beyond the requirements set out in that Framework Decision. 

The 2014 implementation report was supported by an external study looking not only into the 
transposition by the EU Member States of Framework Decision 2008/919 JHA into national 
legislation, but also carrying out an assessment of the implementation of the legal framework 
adopted  by  the  EU  Member  States  to  combat  terrorism  in  practice.  The  study  included  an 
evaluation  of  the  changes  introduced  in  2008,  concluding  that  these  changes  were  relevant 
and efficient to the objectives. A common understanding of terrorist-related crimes like public 
provocation,  recruitment  and  training  to  terrorism  have  ensured  that  especially  cross-border 
cases  are  dealt  with  more  efficiently.  More  specifically,  the  study  concluded  that  most 
stakeholders  considered  that  the  new  offences  helped  them  tackle  the  preparatory  stages  of 
terrorist  activities.  In  general,  the  amendments  introduced  in  2008  were  seen  as  useful  in 
helping  to  combat  the  changing  nature  of  the  terrorist  threats  faced  by  EU  Member  States. 
From a law enforcement and judicial point of view, the study concluded that cases related to 
the  new  offences  involving  more  than  one  Member  State could  be  handled  more  efficiently 
because  of  a  common  approach  to  criminalising  offences.  Overall,  the  added  value  of  the 

15  

16 

Reports from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 
on combating terrorism: COM(2004)409 final of 8 June 2004 and COM(2007) 681 final of 6 November 
2007. 
COM(2014) 554 final 05.09.2014. 

EN 

11 

   EN 

                                                 
Framework Decision 2008/919/JHA was regarded as high for EU Member States that did not 
already have a legal framework specifically to tackle terrorism; for those that did, added value 
lay in strengthening the framework for cooperation with other Member States in tackling the 
preparatory stages of a terrorist action.  

Eurojust  was  asked  to  look  into  whether  existing  criminal  offences  in  Member  States  are 
sufficient to tackle new phenomena such as in particular the flow of foreign terrorist fighters 
to  third  countries. The appraisal by Eurojust revealed  doubts  as to  the effectiveness  of such 
measures calling for a revision of the existing legal framework.17 

• 

Stakeholder consultations 

During the negotiations in the Council of Europe on the Additional Protocol, draft texts were 
made  publicly  available  for  comments.  Written  comments  were  received  by  several 
fundamental  rights  organisations  (Amnesty  International,  the  International  Commission  of 
Jurists and the Open Society). These comments were discussed among the negotiating parties 
and some of the proposals led to amendments of the Additional Protocol and its explanatory 
report. 

Overall,  the  comments  stressed  the  need  for  adequate  human  rights  safeguards,  sufficient 
legal  clarity  both  in  terms  of  criminalised  behaviour  (actus  reus)  and  intentions  (mens  rea) 
and clarification of obligations under international humanitarian law.  

The  comments  were  incorporated  into  the  Additional  Protocol  as  well  as  the  explanatory 
report  in  the  following  manner:  the  Additional  Protocol  stresses  the  need  for  the  respect  of 
human  rights  in  the  preamble,  Article  1  (on  the  purpose)  and  a  new  Article  8  entirely 
dedicated to the respect of fundamental rights. These provisions are complemented by further 
explanations  in  the  explanatory  report  (with  reference  to  other  international  instruments 
including explicitly the protocol relating to the status of refugees and the Convention on the 
rights of the child).  

• 

Impact assessment 

Given the urgent need to improve the EU framework to increase security in the light of recent 
terrorist  attacks  including  by  incorporating  international  obligations  and  standards,  this 
proposal is exceptionally presented without an impact assessment. 

• 

Regulatory fitness and simplification 

The proposal aims at introducing international obligations and standards in the EU legal order 
and updating the legal framework so as to adequately respond to the evolving terrorist threat. 
The  establishment  of  the  various  criminal  offences  in  separate  articles  (instead  of,  for 
instance, merely adding the new offences in sub-paragraphs and indents of the current Article 
3  of  the  Framework  Decision  2002/475/JHA)  and  explanations  as  to  the  general  conditions 
applicable  to  these  offences  (see  in  particular  the  provisions  contained  under  Title  IV) 
facilitate  the  understanding  of  the  scope  of  the  relevant  offences.  This  will  help  Member 
States when transposing and implementing the relevant provisions. Furthermore, the scope of 
other EU instruments referring to terrorist offences (such as in particular instruments on cross-
border information exchange and cooperation) will also be clearer which in turn facilitates the 
application of these provisions by the relevant authorities.  

17 

Council Document 15715/2/14. 

EN 

12 

   EN 

                                                 
• 

Fundamental rights 

The European Union is founded on the values enshrined in Article 2 TEU and it recognises 
the rights, freedoms and principles set out in the Charter of Fundamental Rights in accordance 
with Article 6(1) TEU. Security and respect for fundamental rights are not conflicting aims, 
but consistent and complementary policy objectives.18 The Union's approach is based on the 
common democratic values of our open societies, including the rule of law, and must respect 
and  promote  fundamental  rights,  as  set  out  in  the  Charter  of  Fundamental  Rights,  which 
reaffirms, with due regard for the powers and tasks of the Community and the Union and the 
principle  of  subsidiarity,  the  rights  as  they  result,  in  particular,  from  the  constitutional 
traditions  and  international  obligations  common  to  the  Member  States,  including  the  Treaty 
on European Union, the Community Treaties, the European Convention for the Protection of 
Human  Rights  and  Fundamental  Freedoms,  and  the  case-law  of  the  Court  of  Justice  of  the 
European Communities and of the European Court of Human Rights.  All measures intended 
to  enhance  security  measures  must  comply  with  the  principles  of  necessity,  proportionality 
and legality, with appropriate safeguards to ensure accountability and judicial redress.19 

The  proposed  measures  include  legal  provisions  to  adequately  respond  to  evolving  terrorist 
threats.  These  actions  help  to  reduce  the  risk  of  terrorist  attacks  and  to  diminish  the 
possibilities for radicalisation and recruitment. While these measures have as final objective 
the protection of fundamental rights of victims and potential victims, in particular the right to 
life and the right to physical and mental integrity, any legislation in the field of criminal law, 
necessarily  has  an  impact  on  the  exercise  of  fundamental  rights  in  particular  by  persons 
suspected, accused or convicted of terrorist offences and offences related to a terrorist group 
or  terrorist  activities.  The  establishment,  implementation  and  application  of  criminalisation 
have to be carried out in full respect of fundamental rights obligations. Any limitation on the 
exercise  of  fundamental  rights  and  freedoms  is  subject  to  the  conditions  set  out  in  Article 
52(1)  of  the  Charter  of  Fundamental  Rights,  namely  be  subject  to  the  principle  of 
proportionality with respect to the legitimate aim of genuinely meeting objectives of general 
interest recognised by the Union or the need to protect the rights and freedoms of others, be 
provided for by law and respect the essence of those rights and freedoms.   

A variety of fundamental rights and freedoms enshrined in the Charter of Fundamental Rights 
have to be taken into account in this respect. Rights which are particularly relevant in relation 
to  the proposed  measures include, but  are not limited to,  the rights included in title I  of the 
Charter on dignity (Article 1), the right to life and integrity of  a person (Articles 2 and 3), the 
right to liberty and security (Article 6 of the Charter), the right to respect of private and family 
life (Article 7 of the Charter), the protection of personal data (Article 8 of the Charter), the 
freedom  of  thought,  conscience  and  religion  (Article  10  of  the  Charter),  the  freedom  of 
expression  and  information  (Article  11  of  the  Charter),  the  freedom  of  assembly  and 
association  (Article  12  of  the  Charter),  the  right  to  property  (Article  17  of  the  Charter),  the 
right to asylum and the protection in the event of removal, expulsion or extradition (Articles 
18 and 19 of the Charter), the general prohibition of discrimination, including on grounds of  
race, colour, ethnic or social origin, genetic features, language, religion or belief, political or 
any  other  opinion  (Article  21  of  the  Charter),  the  rights  of  the  child  (Article  24  of  the 
Charter), the freedom of movement and residence (Article 45 of the Charter), the right to an 

18 

19 

Article  6  of  the  Charter  of  Fundamental  Rights  and  Judgment  of  the  European  Court  of  Justice  of  8 
April 2014, in joined cases C-293/12 and C-594/12, paragraph 42 
Article  52(1)  of  the  Charter  of  Fundamental  Rights;  judgment  of  the  European  Court  of  Justice  of  8 
April 2014, quoted above. 

EN 

13 

   EN 

                                                 
effective remedy and a fair trial (Article 47 of the Charter), the presumption of innocence and 
the right of defence (Article 48 of the Charter), the principles of legality and proportionality 
of criminal offences and penalties (Article 49 of the Charter) and the right not to be tried or 
punished twice in criminal proceedings for the same criminal offence (ne bis in idem, Article 
50 of the Charter). 

All measures adopted by the Union and its Member States in relation to the incrimination of 
terrorist offences and activities relating to terrorist offences as provided for in this Directive, 
and the determination of criminal and non-criminal sanctions thereof, must be subject to the 
principle of legality and proportionality of criminal offences and penalties, to the presumption 
of innocence and to the rights of defence, and should exclude any forms or arbitrariness. They 
shall  furthermore  be  in  line  with  the  general  prohibition  of  discrimination,  including  on 
grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, 
political  or  any  other  opinion,  and  exclude  any  forms  of  discriminatory  or  racist  treatment, 
also in order to avoid the stigmatisation of any group or community. 

The respect of fundamental rights in general and the principle of proportionality is respected 
in limiting the scope of the offences to what is necessary to allow for the effective prosecution 
of acts that pose a particular threat to security. This is reflected in the recitals (see for instance 
recitals 19 and 20).  

More specifically, the new offence of travelling abroad for terrorist purposes can restrict the 
right to freely move and reside within the territory of the Member States as guaranteed under 
Article  21(1)  of  the  Treaty  on  the  functioning  of  the  European  Union  and  Directive 
2004/38/EC. Directive 2004/38/EC allows for measures restricting free movement on grounds 
of policy and public security, including the prevention of crime.  

Data of persons suspected of the offences defined by this Directive will have to be handled in 
accordance with the fundamental right to protection of personal data and existing applicable 
legislation.  The  proposed  Directive  does  not  entail  any  modification  of  such  regime  nor, 
therefore, an impact on the right to privacy and data protection. 

The  present  proposal  is  without  prejudice  to  the  responsibilities  incumbent  on  the  Member 
State  with  regard  to  the  maintenance  of  law  and  order  and  the  safeguarding  of  internal 
security in accordance with Article 72 TFEU, in relation to which Member States’ authorities 
remain  bound  by  their  human  rights  obligations  as  they  result  from  their  national  laws  and  
constitutions and from international agreements they are bound to, in particular those deriving 
from  the  European  Convention  on  Human  Rights  and  Fundamental  Freedoms,  of  which  all 
Member States are parties. 

4. 

BUDGETARY IMPLICATIONS 

This proposal has no immediate budgetary implications for the Union. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The implementation of the Directive will be monitored by the Commission on the basis of the 
information  provided  by  the  Member  States  on  the  measures  taken  to  bring  into  force  the 
laws, regulations and administrative provisions necessary to comply with the Directive.  

EN 

14 

   EN 

The  Commission  shall,  after  two  years  following  the  deadline  for  implementation  of  this 
Directive, submit a report to the European Parliament and to the Council, assessing the extent 
to which the Member States have taken the necessary measures to comply with this Directive. 

The  Commission  shall,  four  years  after  the  deadline  for  implementation  of  this  Directive, 
submit a report to the European Parliament and the Council, evaluating the impact and added 
value  of  the  Directive,  accompanied,  if  necessary,  by  adequate  proposals.  To  do  so,  the 
Commission  will  undertake  consultations  with  Member  States  and  stakeholders,  notably 
Europol, Eurojust and the Fundamental Rights Agency. The Commission will also take into 
account the information provided by Member States under Council Decision 2005/671/JHA.  

• 

Explanatory documents   

No explanatory documents on the transposition are considered necessary.  

• 

Detailed explanation of the specific provisions of the proposal 

Title I: Subject matter and definitions 

Article  1:    Subject  matter  –  This  provision  sets  out  the  purpose  and  scope  of  the  draft 
Directive,  in  particular  that  it  establishes  minimum  rules  concerning  terrorist  offences, 
offences  related  to  a  terrorist  group  and  offences  relating  to  terrorist  activities,  as  well  as 
specific measures of protection of and assistance to victims of terrorism.  

Article  2:    Definitions  –  This  provision  provides  definitions  for  "funds"  (in  relation  to  the 
offence  of  terrorist  financing  cf.  Article  11)  in  line  with  EU  acquis20  ,"legal  persons"  (in 
relation  to  the  obligation  to  establish  liability  of  legal  persons  cf.  Article  19)  and  "terrorist 
group"  (in  relation  to  the  offence  relating  to  a  terrorist  group  cf.  Article  4,  identical  to  the 
definition previously contained in Article 2(1) of the Framework Decision 2002/475/JHA).  

Title II: Terrorist offences and offences related to a terrorist group 

Article 3: Terrorist offences – This provision defines which offences should be considered as 
terrorist offences in the Member States. This provision was contained already in Article 1 of 
the Framework Decision 2002/475/JHA and remained unchanged since. The main aim of this 
key  provision  is  to  approximate  the  definition  of  terrorist  offences  in  all  Member  States  by 
introducing a specific and common qualification of certain acts as terrorist offences. Terrorist 
acts  are  serious  offences  which  become  terrorist  offences  because  of  the  motivation  of  the 
offender.  The  concept  of  terrorism  offences  is  thus  a  combination  of  two  elements:  an 
objective element, as it refers to a list of serious criminal conducts, as defined by reference to 
national law, and a subjective element, as these acts shall be deemed to be terrorist offences 
when committed with a specific intent. 

Article 4: Offences relating to a terrorist group – This provision requires Member States to 
criminalise the direction or participation in the activities of a terrorist group, with knowledge 
of  the  fact  that  such  participation  will  contribute  to  the  criminal  activities  of  the  terrorist 
group.  This provision aims at ensuring that directing a terrorist group and participating in its 
activities  are  by  themselves  considered  as  independent  criminal  facts  and  dealt  with  as 

20 

Identical  to  Article  1  of  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, p. 70). 

EN 

15 

   EN 

                                                 
terrorist  offences.  It  was  contained  already  in  Article  2  of  the  Framework  Decision 
2002/475/JHA  and  was  not  changed  by  the  2008  amendments.  Adapting  the  current  legal 
framework to international obligations (in particular Article 2 of the Additional Protocol) does 
not  require  a  revision  of  this  Article.  The  explanatory  report  to  the  Additional  Protocol 
clarifies that it is left to the Parties to define the terrorist group.  

Title III - Offences relating to terrorist activities  

The offences defined under this title are of a very serious nature as they have the potential to 
lead  to  the  commission  of  terrorist  offences  and  enable  terrorists  and  terrorist  groups  to 
maintain and further develop their criminal activities. While these offences do not require that 
a  terrorist  offence  be  committed,  as  explained  in  Article  15,  they  also  include  an  objective 
element, namely clearly defined conduct and circumstances, and a subjective element, i.e. the 
intent or knowledge of the perpetrator or potential perpetrator as to his or her conduct having 
the potential to lead to the commission of or contribution to terrorist offences. These elements 
shall  be  proven  in  accordance  with  the  national  law  of  a  Member  State  through  evidence 
submitted  to  an  independent  court  or  tribunal  for  scrutiny  in  accordance  with  the  specific, 
applicable criminal procedures of the Member State, relevant provisions of the EU acquis on 
the procedural rights of suspects or accused in criminal proceedings and in full respect of the 
guarantees of the fundamental right to a fair trial, the presumption of innocence and the right 
of defence, as enshrined in the Charter of Fundamental Rights. 

Article 5:Public provocation to commit a terrorist offence  - This offence was introduced by 
the  Framework  Decision  2008/919/JHA  (introducing  a  new  offence  in  Article  3(1)(a))  to 
implement Article 5 of the Council of Europe Convention on the prevention of terrorism.  

Under  this  provision  are  considered  as  punishable  acts,  for  example,  the  glorification  of 
suicide bombers, encouragement to join violent jihad, direct invitations to kill non-believers, 
justification of terrorism or the dissemination of messages or images of brutal assassinations 
as a way to gain publicity for the terrorists cause or prove their power, where such behaviour 
actually creates the risk that terrorist acts will be committed and provided that the messages 
are disseminated with the purpose of furthering terrorist activities (not necessarily those of a 
specific terrorist organisation). Such messages and images may also include those denigrating 
victims of terrorism, including their families. The provisions were also meant to ensure that 
dissemination  of  messages  through  the  Internet  encouraging  the  commission  of  terrorist 
offences or providing for terrorist expertise was made punishable. Article 6: Recruitment for 
terrorism – This offence was introduced by Framework Decision 2008/919/JHA (introducing 
a new offence in Article 3(1)(b))to implement Article 6 of the Council of Europe Convention 
on  the  prevention  of  terrorism.  As  clarified  in  the  explanatory  notes  to  this  Convention, 
punishment under this provision "requires that the recruiter intends that the person or persons 
he  or  she  recruits  commit  or  contribute  to  the  commission  of  a  terrorist  offence  or  join  an 
association or group for that purpose, whereas it is immaterial "whether the addressees of the 
solicitation actually participate in the commission of a terrorist offence or join an association 
or group for that purpose. This provision is meant to provide adequate criminal justice tools to 
stem extensive recruitment activities by individuals or recruitment networks. 

Article  7:  Providing  training  for  terrorism  -  This  offence  was  introduced  by  Framework 
Decision 2008/919/JHA (introducing a new offence in Article 3(1)(c))to implement Article 7 
of the Council of Europe Convention on the prevention of terrorism. Its inclusion was meant 
to  capture  the  dissemination  of  instructions  and  (online)  manuals  intended  for  training  or 

EN 

16 

   EN 

planning  of  attacks  and  more  specifically  the  dissemination  (through  the  internet)  of 
information  on  terrorist  means  and  methods,  thus  functioning  as  a  ‘virtual  training  camp’. 
While  particular  emphasis  was  put  on  the  use  of  the  internet,  the  scope  of  training  for 
terrorism  is  not  limited  to  the  provision  of  internet-based  instructions  but  also  encompasses 
more traditional training. 

New offences implementing the Additional Protocol to the Council of Europe Convention on 
the  Prevention  of  Terrorism    -  The  offences  of  receiving  training  for  terrorism,  travelling 
abroad  for  terrorism  and  the  organising  or  otherwise  facilitating  travelling  abroad  for 
terrorism  are  introduced  to  implement  the  Additional  Protocol.  Some  of  the  explanations 
below are based on the explanatory report to the Additional Protocol. 

Article 8: Receiving of training - The proposal not only covers the providing of training for 
the purpose of terrorism (already contained in Framework Decision 2008/919/JHA), but also 
the  receiving  of  such  training,  enabling  the  recipient  to  carry  out  or  contribute  to  the 
commission of terrorist offences.  

This  provision  implements  Article  3  of  the  Additional  Protocol.  It  will  provide  law 
enforcement and prosecutors with additional tools to tackle the threats resulting from potential 
perpetrators, including those ultimately acting alone, by offering the possibility to investigate 
and  prosecute  training  activities  having  the  potential  to  lead  to  the  commission  of  terrorist 
offences. The receiving of training for terrorism may take place in person, e.g. by attending a 
training  camp  run  by  a  terrorist  association  or  group,  or  through  various  electronic  media, 
including  through  the  Internet.  However,  the  mere  fact  of  visiting  websites  containing 
information  or  receiving communications,  which could be used for training for terrorism, is 
not  enough  to  commit  the  crime  of  receiving  training  for  terrorism.  The  perpetrator  must 
normally  take  an  active  part  in  the  training.  Member  States  may,  however,  choose  to 
criminalise forms of “self-study” in their domestic law.  

Furthermore,  the  purpose  of  the  receiving  of  training  for  terrorism  must  be  to  carry  out  or 
contribute to the commission of a terrorist offence, as defined in Article 3, and the perpetrator 
must  have  the  intention  to  do  so.  The  participation  in  otherwise  lawful  activities,  such  as 
taking  a  chemistry  course  at  university,  taking  flying  lessons  or  receiving  military  training 
provided by a State, may also be considered as unlawfully committing the criminal offence of 
receiving training for terrorism, if it can be demonstrated that the person receiving the training 
has the required criminal intent to use the training thus acquired to commit a terrorist offence.  

Article 9: Travelling abroad for terrorism - This offence targets primarily the phenomenon of 
foreign terrorist fighters by criminalising travelling to another country for terrorist purposes. 
Article 9 is intended to implement Article 4 of the Additional Protocol. 

The  aim  of  the  provision  is  to  oblige  a  Member  State  to  criminalise  the  act  of  travelling  to 
another  country,  if  it  can  be  demonstrated  that  the  intended  purpose  of  that  travel  is  to 
commit, contribute to or participate in terrorist offences as defined in Article 3, or to provide 
or receive training for terrorism as defined in Articles 7 and 8. In addition to the requirements 
set out in the Additional Protocol, that the provision also includes travelling for the purpose of 
participating in the activities of a terrorist group as defined in Article 4. Criminalising travel 
for that purpose is equally important to address the threats posed by foreign terrorist fighters 
and will provide investigators and prosecutors with the necessary tools to effectively pursue 
the different purposes and activities that foreign terrorist fighters pursue. 

EN 

17 

   EN 

The  provision  covers  both  the  travel  to  third  countries,  as  well  as  to  EU  Member  States, 
including  those  of  the  nationality  or  residence  of  the  perpetrator.  The  travel  to  the  State  of 
destination may be direct or by transiting other States en route.  

All individuals travelling to another country will be potentially affected by the provisions on 
the  criminalisation  of  the  act  of  travelling  abroad  for  the  purpose  of  terrorism  under  the 
Directive. The seriousness  of the threat posed  by foreign  terrorist fighters warrants a robust 
response  which,  on  the  other  hand,  should  be  fully  compatible  with  fundamental  rights  and 
freedoms and the rule of law. Article 9 is only concerned with the criminalisation of the act of 
travelling under very particular conditions, and with a specific intent as to the purpose of the 
travelling.  

Article  10:  Organising  or  otherwise  facilitating  travelling  abroad  for  terrorism  -    This 
provision  implements  Article  6  of  the  Additional  Protocol  and  requires  Member  States  to 
criminalise  conduct  enabling  travel  with  terrorist  purpose,  such  as  acts  of  organisation  or 
facilitation  of  such  travel.  .  The  term  “organisation”  covers  a  variety  of  conducts  related  to 
practical  arrangements  connected  with  travelling,  such  as  the  purchase  of  tickets  and  the 
planning of itineraries. The term “facilitation” is used to cover any other conduct than those 
falling under “organisation” which assists the traveller in reaching his or her destination.  As 
an  example,  the  act  of  assisting  the  traveller  in  unlawfully  crossing  a  border  could  be 
mentioned. In addition to acting intentionally, the perpetrator must know that the assistance is 
rendered for the purpose of terrorism.  

Article  11:  Terrorist  financing  -  This  provision  requires  Member  States  to  criminalise  the 
provision of funds that are used to commit terrorist offences and offences related to terrorist 
groups or terrorist activities. The definition is in line with the definition of terrorist financing 
in Directive 2015/849/EU, which covers the financing of all offences as defined in Article 1 
to  4  of  the  Framework  Decision  2002/475/JHA,  as  amended  by  Framework  Decision 
2008/919/JHA. The concept of funds is defined in Article 2 of the proposed Directive. 

In  addition,  the  inclusion  of  financing  of  travelling  abroad  for  terrorism  (an  offence  not 
previously contained in the Framework Decision 2002/475/JHA) implements Article 5 of the 
Additional Protocol as well as Recommendation No 5 of FATF (as this was clarified by the 
recently adopted amendment to the Interpretative Note to Recommendation No 5). Pursuant to 
Article 15, it is not necessary that the offence is actually committed or to establish a link to a 
specific  terrorist  offence  or  offences  related  to terrorist  activities.  Article  11 in  combination 
with Article 15 implements the abovementioned FATF Recommendation which requires that 
terrorist  financing be  criminalised even in  the absence  of a link to a specific terrorist  act or 
acts. 

The  funds  may  come  from  a  single  source,  e.g.  as  a loan  or  a  gift  which  is  provided  to  the 
traveller by a person or legal entity, or from various sources through some kind of collection 
organised by one or more persons or legal entities.   

Article 12-14: aggravated theft, extortion and fraud to commit terrorist offences - A final set 
of terrorist-related offences (cf. Article 12 to 14 concerns aggravated theft, extortion and fraud 
with  a  view  to  committing  one  of  the  offences  listed  in  Article  3  or  4(b)).  These  offences 
already formed part of Article 3 Framework Decision 2002/475/JHA. Member States should 
take  the  necessary  measures  to  ensure  that  preparatory  acts  for  the  commission  of  these 
offences  with  a  view  to  committing  certain  terrorist  offences  would  be  criminalised  as  a 

EN 

18 

   EN 

terrorist  related  activity  irrespective  of  whether  the  terrorist  offence  as  such  has  been 
committed,  eg.  the  theft  of  explosives  to  eventually  commit  a  terrorist  act  but  where  the 
planned terrorist attack is not carried out.  

Title  IV:  General  provisions  relating  to  terrorist  offences,  offences  related  to  a  terrorist 
group and offences related to terrorist activities 

Article 15: Relationship to terrorist offences - This provision of horizontal application makes 
clear that for any of the offences related to a terrorist group or terrorist activities (including 
the offences defined in Article 16), it shall not be necessary that a terrorist offence is actually 
committed, as already stipulated in Article 3(3) of the Framework Decision 002/475/JHA, as 
amended  by  Framework  Decision  2008/919/JHA.  For  instance  the  criminalisation  of 
participating  in  the  activities  of  a  terrorist  group  does  not  require  that  terrorist  acts  have 
already  or  are  committed.  Furthermore,  it  shall  not  be  necessary  to  establish  a  link  to  a 
specific  terrorist  offence  or,  insofar  as  the  offences  in  Articles  9  to  11  are  concerned,  to 
specific  offences  related  to  terrorist  activities.  For  instance,  for  the  criminalisation  of  the 
recruitment  to  terrorism  it  is  not  necessary  that  the  person  is  solicited  to  commit  a  specific 
terrorist  offence  or  that  the  person  providing  training  for  terrorism  instructs  a  person  in  the 
commission  of  a  specific  terrorist  offence.  In  the  same  spirit,  for  the  criminalisation  of  the 
financing of terrorism, it is sufficient that there is knowledge about the use of the funds for 
purposes furthering the terrorist activities in general without there being a need to be linked to 
for instance a  specific already envisaged travel abroad. 

Article 16: Aiding or abetting, inciting and attempting - This is a provision applicable to the 
offences mentioned above, which requires Member States to criminalise also forms of aiding 
and abetting, inciting and attempting many of the mentioned offences.  

Aiding  and abetting a terrorist offence may comprise a large variety of activities which can 
range  from  providing  the  financial  resources  for  the  execution  of  a  terrorist  attack,  to  the 
provision  of  supportive  services  or  material  such  as  (means  of)  transportation,  weapons, 
explosives or shelter. 

In addition to the requirements as currently laid down in Article 4 of the Framework Decision 
2002/475/JHA,  as  amended  by  Framework  Decision  2008/919/JHA  ,  it  is  proposed  to 
criminalise also aiding and abetting in relation to the receiving of training. While this is not 
required  under  the  Additional  Protocol,  criminalising  such  activities  is  coherent  with  the 
criminalisation of aiding and abetting to other preparatory activities. Indeed helping a person 
to  get  instructed  (for  instance  by  translating  terrorist  content  in  a  foreign  language  in  full 
knowledge  of  the  content  as  well  as  the  intended  use  of  such  instruction)  is  not  less 
reprehensible than offering similar (translation) support to a person providing the training. 

It  is  proposed  to  extend  the  criminalisation  of  incitement  to  all  offences.  Indeed,  the  one 
inciting is often the driving force behind the actions taken by direct offenders. In addition to 
what had already previously been criminalised under the Framework Decision 2002/475/JHA, 
the  current  proposal  criminalises  incitement  to  the  offences  related  to  terrorist  activities  as 
contained  in  Title  III.  For  instance,  the  person  instigating  another  person  to  actively  recruit 
others or to travel abroad for terrorist purposes would therefore be covered by Article 16. 

In comparison to the Framework Decision 2002/475/JHA, the additional obligations created 
for Member States are to criminalise the attempt of travelling abroad for terrorist purposes, in 

EN 

19 

   EN 

 
line with Article 4(3) of the Additional Protocol. Moreover, an additional obligation consists 
in  criminalising  the  attempt  as  well  as  the  aiding  and  abetting  of  terrorist  financing,  in  line 
with  FATF  Recommendation  No.  5  and  the  definition  of  terrorist  financing  in  Directive 
2015/48/EU.  It  is  also  proposed  to  criminalise  the  attempt  to  provide  training,  as  well  as 
recruitment  for  terrorism.  This  takes  into  account  the  requirements  of  Article  9(2)  of  the 
Council of Europe Convention on the prevention of terrorism, as well as the situation in most 
Member  States,  which  have  -  as  the  2014  implementation  report  has  shown  –  criminalised 
attempt for these offences already.  

Article 17: Penalties for natural persons –– This provision, already contained in Article 5 of 
Framework  Decision  2002/475/JHA,  is  applicable  to  all  offences    and    requires  Member 
States  to  apply  effective,  proportionate  and  dissuasive  criminal  penalties,  which  entail 
extradition. The  second paragraph  underlines  that  the  terrorist  offence  should  be  punishable 
with  a  more  severe  sanction  than  the  similar  offences  in  national  law  committed  without  a 
terrorist intent. For some offences, a minimum is set to the maximum penalty to be imposed. 

It  is  proposed  to  keep  this  provision  unchanged.  In  particular  Article  11  of  the  Council  of 
Europe  Convention on the prevention of terrorism, which  –  in  accordance  with  Article 9 of 
the Additional Protocol – applies accordingly, does not require any changes. 

Article 18: Mitigating circumstances – This provision was already contained in Article 6 the 
Framework  Decision  2002/475/JHA  (referring  to  “particular  circumstances”),  following 
Council  Resolution  of  20  December  1996  on  individuals  who  cooperate  with  the  judicial 
process in the fight against international organised crime. It allows Member States to take into 
account certain mitigating circumstances that may reduce the penalty imposed to terrorists. It 
is proposed to keep the substance of this provision unchanged. 

Article 19: Liability of legal persons – This is a provision applicable to all offences mentioned 
above, which requires Member States to ensure liability of legal persons, while excluding that 
such liability is alternative to that of natural persons. The provision is in line with Article 10 
of the Council of Europe Convention on the prevention of terrorism, which  – in accordance 
with Article 9 of the Additional protocol – applies accordingly. 

This  provision  is  taken  from  Article  7  of  Framework  Decision  2002/475/JHA,  following  a 
standard formula that can be found in other EU legal instruments, obliging Member States to 
ensure  that  legal  persons  can  be  held  liable  for  offences  referred  to  in  Articles  1  to  4 
committed  for  their  benefit  by  any  person  with  certain  leading  positions,  within  the  legal 
person. It is not required that such liability be exclusively criminal.  

Article 20: Minimum sanction types for legal persons – This provision, already contained in 
Article 8 of Framework Decision 2002/475/JHA, is applicable to sanctions for legal persons. 
It  is  proposed  to  keep  this  provision  unchanged.  In  particular  Article  10  of  the  Council  of 
Europe  Convention on the prevention of terrorism, which  –  in  accordance  with  Article 9 of 
the Additional Protocol – applies accordingly, does not require any changes. 

Article 21: Jurisdiction and prosecution – This provision, already contained in Article 9 of the 
Framework Decision 2002/475/JHA and applicable to all offences mentioned above, requires 
the  existence  of  competence  bases  for  the  judicial  authorities  which  allow  them  to  initiate 
investigation,  pursue  prosecutions  and  bring  to  judgment  the  offences  defined  in  this 
Directive.  

EN 

20 

   EN 

The  starting  point  is  the  territoriality  principle  in  Article  9(1)(a),  according  to  which  each 
Member State must establish its jurisdiction over terrorist offences committed in whole or in 
part  in  its  territory.  Articles  9(1)(b)  and  9(4)  can  be  considered  as  an  extension  of  this 
principle.  Additionally,  Member  States  must  take  extra-territorial  jurisdiction  over  offences 
referred  to  in  Articles  1  to  4,  where  the  offender  is  one  of  its  nationals  or  residents,  or  the 
offence is committed for the benefit of a legal person established in its territory, or against its 
institutions  or  people,  an  institution  of  the  European  Union  or  a  body  set  up  in  accordance 
with the Treaty establishing the European Community or the Treaty on European Union and 
based in that Member State. Article 9(3) sets up the necessary jurisdiction for the application 
of  the  principle  “aut  dedere  aut  iudicare”,  which  obliges  Member  States  to  be  able  to 
prosecute terrorist offences in cases where they refuse to extradite the suspect or the convicted 
person.  Finally,  the  introduction  of  extended  jurisdictional  rules  also  obliged  to  introduce 
criteria to  solve  positive  conflicts  of  jurisdiction  that  might  appear  between  Member  States. 
Article  9(2)  establishes  a  list  of  factors  that  must  be  sequentially  taken  into  account  to  this 
end. 

In  comparison  to  the  rules  laid  down  in  the  Framework  Decision  2002/475/JHA,  it  is 
proposed to establish jurisdiction for the offence of providing training for terrorism as defined 
in Article 7 of the proposed Directive. This special provision is necessary to ensure that the 
offence  can  be  effectively  prosecuted  as  regards  those  (typically)  non-EU  nationals  that  are 
providing training for terrorist purposes. In the absence of this special provision, the (typically 
EU  national/resident)  trainee  could  be  prosecuted  for  the  newly  introduced  offence  of 
receiving training  for terrorism (under  Article 21(1) a) or c) of the proposed  Directive),  but 
not  the  (typically  non-EU  national/resident)  trainer.  That  would  create  an  unwarranted 
loophole. It therefore appears necessary to establish jurisdiction for the offences committed by 
the  providers  of  training  for  terrorism,  whatever  their  nationality,  in  view  of  the  possible 
effects of such behaviours on the territory of the Union and of the close material connexion 
between the offences of providing and receiving training for terrorism. 

Title V: Provisions on protection support and rights of victims of terrorism 

As clarified in recital 16 of the proposed Directive, the measures foreseen under this title are 
applicable  to  “victims  of  terrorism”  in  line  with  the  definition  in  the  Victims’  Rights 
Directive. The added value of incorporating this definition to this Directive lays in reminding 
and clarifying the status of the family members of victims who died as a result of a terrorist 
offence.  Since  the terrorist  offences often  result in  casualties,  it  is  crucial  to  clarify  that  the 
family members of victims whose death was directly caused by such offences and who suffer 
harm as a result of that person’s death are assimilated with direct victims and can befit from 
the same rights. The proposed Directive limits the victims of terrorism to those who suffered 
harm  directly  from  terrorist  offences  listed  in  Article  3  of  the  proposed  Directive.  Other 
offences  covered  by  this  Directive,  in  particular  offences  related  to  a  terrorist  group  or 
offences  related  to  terrorist  activities  should  not  be  covered  by  the  definition  of  victim  of 
terrorism, since they are more of a preparatory nature and do not result in direct victims. 

Article 22: Protection of and assistance to victims of terrorism –  

The  first  paragraph  was  already  contained  in  Article  10(1)  of  Framework  Decision 
2002/475/JHA. It requires the Member States to ensure that investigation and prosecution of 

EN 

21 

   EN 

 
offences covered by this Directive are not dependent on a report or accusation made by the 
victim, at least if committed on the territory of the Member State in question.  

In the European Union’s approach against terrorism particular importance has been attached 
to  the  protection  of  and  assistance  to  victims.  Given  their  specific  needs  it  is  proposed  to 
clarify  in  paragraph  2  the  measures  that  Member  States  should  take  to  accommodate  these 
needs with a view to further specify the obligation for Member States as currently laid down 
in Article 10(2) of the Framework Decision 2002/475/JHA to take if necessary all measures 
possible to ensure appropriate assistance.  

The Victims’ Rights Directive applies to all victims of crime, without creating any categories 
of  victims.  However,  the  Victims’  Rights  Directive  acknowledges  that  certain  victims  have 
specific  protection  needs  that  should  be  assessed  individually  and  that  particular  attention 
shall be paid to victims who have suffered considerable harm due, inter alia, to the severity of 
the crime. Victims of terrorism should be duly considered in this regard.  

The  Victims’  Rights  Directive  does  not  specify  in  detail  how  to  accommodate  the  specific 
needs  of  victims  of  terrorism.  Victims  of  terrorism  need  in  particular  proper  support  and 
assistance. It is therefore crucial that well-organised and professional emergency assistance is 
provided  to  victims  of  terrorism,  immediately  after  an  attack  and  for  as  long  as  necessary 
afterwards. Such immediate assistance is often described by surviving victims of terrorism as 
a  "lifesaver".  Moreover,  since  victims  of  terrorism  are  likely  to  suffer  from  Post-Traumatic 
Stress  Disorder (PTSD) and other trauma-related harm, it is crucial to  offer them a  psycho-
social assistance for as long as it is necessary in each individual case. The proposed provision 
provides for such qualified support services. 

Access  to  information  is  another important  element  in  situations  following  a  terrorist attack 
with  high  media  coverage  while  the  confidentiality  of  criminal  investigations  has  to  be 
respected.  Victims  are  often  confused  by  conflicting  and  incomplete  information.  Therefore 
the proposed provision requires also that access to information for victims about their rights 
and  about  available  assistance  and  support  as  well  as  information  about  the  victims  is 
provided.  

The  proposed  provisions  do  not  aim  at  amending  the  already  existing  EU  provisions  on 
victims’  rights,  but  to  qualify  them  in  a  way  that  accommodates  best  the  specific  needs  of 
victims of terrorism.  

Article  23:  Rights  of  victims  of  terrorism  resident  in  another  Member  State  –  The  terrorist 
attacks  aim  to  hurt  large  groups  of  people  and  victims  often  come  from  or  have  their 
residences in a different country than the one of the terrorist attack. That is why the Member 
States shall ensure that their competent authorities can take appropriate measures to minimise 
the difficulties faced by such victims, particularly with regard to access to information about 
the victims’ rights and about accessible compensation schemes. Moreover, the Member States 
shall  ensure  that  the  victims  of  terrorism  have  access  to  a  long-term  emotional  and 
psychological support and assistance in the place where they live. 

Title VI: Final provisions  

EN 

22 

   EN 

 
Article  24:  Replacement  of  Framework  Decision  2002/475/JHA  on  combating  terrorism  – 
This  is  a  provision  which  replaces  the  Framework  Decision  2002/475/JHA,  as  amended  by 
Framework Decision 2008/919/JHA. 

Article 25: Transposition - Given the urgency to implement the proposed additional offences, 
a short transposition time is necessary. The transposition deadline of 12 months has been set 
on the assumption that negotiations will be conducted swiftly.  

EN 

23 

   EN 

 
2015/0281 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on combating terrorism and replacing Council Framework Decision 2002/475/JHA on 
combating terrorism 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 83(1) and Article 82(2) (c) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

21 
22 

23 

24 

25 

The  European  Union  is  founded  on  the  universal  values  of  human  dignity,  freedom, 
equality and solidarity, respect for human rights and fundamental freedoms. It is based 
on the principle of democracy and the principle of the rule of law, principles which are 
common to the Member States.  

Acts of terrorism constitute one of the most serious violations of the universal values 
of  human  dignity,  freedom,  equality  and  solidarity,  enjoyment  of  human  rights  and 
fundamental freedoms on which the European Union is founded. It also represents one 
of  the  most  serious  attacks  on  democracy  and  the  rule  of  law,  principles  which  are 
common to the Member States and on which the European Union is based.  
Council  Framework  Decision  2002/475/JHA21  is  the  cornerstone  of  the  criminal 
justice  response  to  counter  terrorism.  A  legal  framework  common  to  all  Member 
States,  and  in  particular,  a  harmonised  definition  of  terrorist  offences,  serves  as  a 
benchmark for information exchange and cooperation between the competent national 
authorities  under  Council  Framework  Decision  2006/960/JHA,22  Council  Decision 
2008/615/JHA23  and  Council  Decision  2005/671/JHA,24  Regulation  (EU)  No 
603/2013  of  the  European  Parliament  and  of  the  Council,25  Council  Framework 
Decision 2002/584/JHA26 and Council Framework Decision 2002/465/JHA.27 

Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 
Council  Framework  Decision  2006/960/JHA  of  18  December  2006  on  simplifying  the  exchange  of 
information  and  intelligence  between  law  enforcement  authorities  of  the  Member  States  of  the 
European Union (OJ L 386, 29.12.2006, p. 89). 
Council  Decision  2008/615/JHA  of  23  June  2008  on  the  stepping  up  of  cross-border  cooperation, 
particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1). 
Council  decision  2005/671/JHA  on  the  exchange  of  information  and  cooperation  concerning  terrorist 
offences (OJ L 253, 29.9.2005, p. 22). 
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the 
establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation 
(EU)  No  604/2013  establishing  the  criteria  and  mechanisms  for  determining  the  Member  State 
responsible  for  examining  an  application  for  international  protection  lodged  in  one  of  the  Member 

EN 

24 

   EN 

                                                 
 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The terrorist threat has grown and rapidly evolved in recent years. Individuals referred 
to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign 
terrorist  fighters  pose  a  heightened  security  threat  to  all  EU  Member  States.  Foreign 
terrorist  fighters  have  been  linked  to  several  recent  attacks  or  plots,  including  the 
attacks  in  Paris  on  13  November  2015.  In  addition,  the  European  Union  and  its 
Member  States  face  increased  threats  from  individuals  inspired  or  instructed  by 
terrorist groups abroad but who remain within Europe. 

Taking account of the evolution of terrorist threats and legal obligations to the Union 
and  Member  States  under  international  law,  the  definition  of  terrorist  offences, 
including  offences  related  to  a  terrorist  group  and  offences  related  to  terrorist 
activities, should be further approximated in all Member States, so that it covers more 
comprehensively conduct related to in particular foreign terrorist fighters and terrorist 
financing. These forms of behaviour should be punishable also if committed through 
the Internet, including social media. 

The offences related to terrorist activities are of a very serious nature as they have the 
potential  to  lead  to  the  commission  of  terrorist  offences  and  enable  terrorists  and 
terrorist groups to maintain and further develop their criminal activities, justifying the 
criminalisation of such conduct.   

The offenses related to public provocation to commit a terrorist offence act comprise, 
inter  alia,  the  glorification  and  justification  of  terrorism  or  the  dissemination  of 
messages or images including those related to the victims of terrorism as a way to gain 
publicity for the terrorists cause or seriously intimidating the population, provided that 
such behaviour causes a danger that terrorist acts may be committed.  

Considering the seriousness of the threat and the need to in particular stem the flow of 
foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist 
purposes,  being  not  only  the  commission  of  terrorist  offences  and  providing  or 
receiving training but also to participate in the activities of a terrorist group. Any act of 
facilitation of such travel should also be criminalised.  

Criminalisation  of  the  receiving  training  for  terrorism  complements  the  existing 
offence  of  providing  training  and  specifically  addresses  the  threats  resulting  from 
those  actively  preparing  for  the  commission  of  terrorist  offences,  including  those 
ultimately acting alone.  

(10)  Terrorist financing should be punishable in the Member States and cover the financing 
of terrorist acts, the financing of a terrorist group, as well as other offences related to 
terrorist activities, such as the recruitment and training, or travel for terrorist purposes, 
with a view to disrupting the support structures facilitating the commission of terrorist 
offences.  Aiding  and  abetting  or  attempting  terrorist  financing  should  also  be 
punishable.  

States by a third-country national or a stateless person and on requests for the comparison with Eurodac 
data  by  Member  States'  law  enforcement  authorities  and  Europol  for  law  enforcement  purposes,  and 
amending  Regulation  (EU)  No  1077/2011  establishing  a  European  Agency  for  the  operational 
management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, 
p. 1). 
Council Framework Decision  2002/584/JHA  of 13 June 2002 on the European arrest warrant and the 
surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). 
Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 
20.6.2002, p. 1). 

26 

27 

EN 

25 

   EN 

                                                                                                                                                         
(11)  Furthermore, the provision of material support for terrorism through persons engaging 
in or acting as intermediaries in the supply or movement of services, assets and goods, 
including trade transactions involving the entry into or exit from the Union should be 
punishable  in  the  Member  States,  as  aiding  and  abetting  terrorism  or  as  terrorism 
financing  if  performed  with  the  knowledge  that  these  operations  or  the  proceeds 
thereof are intended to be used, in full or in part, for terrorist purposes or will benefit 
terrorist groups. 

(12)  The attempt to travel abroad for terrorist purposes, should be punishable, as well as the 

attempt to provide training and recruitment for terrorism.   

(13)  With  regard  to  the  criminal  offences  provided  for  in  this  Directive,  the  notion  of 
intention  must  apply  to  all  the  elements  constituting  those  offences.  The  intentional 
nature of an act or omission may be inferred from objective, factual circumstances.   

(14)  Furthermore,  penalties  should  be  provided  for  natural  and  legal  persons  having 
committed  or  being  liable  for  such  offences,  which  reflect  the  seriousness  of  such 
offences. 

(15) 

Jurisdictional  rules  should  be  established  to  ensure  that  the  terrorist  offence  may  be 
effectively  prosecuted.  In  particular,  it  appears  necessary  to  establish  jurisdiction  for 
the  offences  committed  by  the  providers  of  training  for  terrorism,  whatever  their 
nationality,  in  view  of  the  possible effects  of  such  behaviours  on  the  territory  of  the 
Union  and  of  the  close  material  connexion  between  the  offences  of  providing  and 
receiving training for terrorism. 

(16)  Member  State  should  adopt  specific  measures  of  protection,  support  and  assistance 
responding  to  the  specific  needs  of  victims  of  terrorism,  further  qualifying  and 
deepening  the  rights  already  contained  in  the Directive  2012/29/EU  of  the  European 
Parliament and the Council28. Victims of terrorism are those defined in Article 1 of the 
Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The 
measures to be taken by Member States should ensure that in the event of a terrorist 
attack,  the  victims  of  terrorism  will  obtain  emotional  and  psychological  support, 
including trauma support and counselling, and any relevant legal, practical or financial 
information and advice.  

(17)  Member  States  should  co-operate  among  each-other  to  ensure  that  access  to 
information  about  the  victims'  rights,  about  available  support  services  and  about 
accessible compensation schemes is provided to all victims of terrorism. Moreover the 
Member  States  should  ensure  that  victims  of  terrorism  have  access  to  a  long-term 
support  services  in  the  country  of  their  residence,  even  if  the  terrorist  offence  took 
place in another EU country.  

(18)  Given  that  the  objectives  of  this  Directive  cannot  be  sufficiently  achieved  by  the 
Member States unilaterally and can therefore, because of the need for European-wide 
harmonised rules, be better achieved at the level of the Union, the Union may adopt 
measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the 
Treaty on the European Union. In accordance with the principle of proportionality, as 
set out in that Article 5, this Directive does not go beyond what is necessary in order to 
achieve those objectives. 

28 

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37). 

EN 

26 

   EN 

                                                 
(19)  This  Directive  respects  the  principles  recognised  by  Article  2  of  the  Treaty  on  the 
European  Union,  respects  fundamental  rights  and  freedoms  and  observes  the 
principles  recognised  in  particular  by  the  Charter  of  Fundamental  Rights  of  the 
European  Union,  including  those  set  out  in  Chapters  II,  III,  V  and  VI  thereof  which 
encompass  inter  alia  the  right  to  liberty  and  security,  freedom  of  expression  and 
information, freedom of association and freedom of thought conscience and religion, 
the  general  prohibition  of  discrimination  in  particular  on  grounds  of  race,  colour, 
ethnic  or  social  origin,  genetic  features,  language,  religion  or  belief,  political  or  any 
other opinion, the right to respect for private and family life and the right to protection 
of personal data, the principle of legality and proportionality of criminal offences and 
penalties,  covering  also  the  requirement  of  precision,  clarity  and  foreseeability  in 
criminal  law,  the  presumption  of  innocence  as  well  as  freedom  of  movement  as  set 
forth  in  Article  21(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
and  Directive 2004/38/EC. This Directive has to be implemented in accordance with 
these rights and principles.  

(20)  The implementation of the criminalisation under this Directive should be proportional 
to  the  nature  and  circumstances  of  the  offence,  with  respect  to  the  legitimate  aims 
pursued and to their necessity in a democratic society, and should exclude any form of 
arbitrariness or discrimination. 

(21)  The  Directive  should  replace  Framework  Decision  2002/475/JHA29  for  the  Member 

States bound by this Directive. 

(22) 

(23) 

(24) 

In  accordance  with  Article  3  of  the  Protocol  (No  21)  on  the  position  of  the  United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to  the  Treaty  on  the  European  Union  and  to  the  Treaty  on  the  Functioning  of  the 
European Union, the United Kingdom and Ireland have notified their wish to take part 
in the adoption and application of this Directive. 

AND/OR 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  21)  on  the  position  of  the 
United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice, 
annexed to the Treaty on the European Union and to the Treaty on the Functioning of 
the  European  Union,  and  without  prejudice  to  Article  4  of  that  Protocol,  the  United 
Kingdom  and  Ireland  are  not  taking  part  in  the  adoption  and  application  of  this 
Directive and are not bound by it or subject to its application.] 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  22)  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  the  European  Union  and  to  the  Treaty  on  the 
Functioning of the European Union, Denmark is not taking part in the adoption of this 
Directive  and  is  not  bound  by  it  or  subject  to  its  application.  Framework  Decision 
2002/475/JHA shall continue to be binding upon and applicable to Denmark. 

29 

As  amended  by  Council  Framework  Decision  2008/919/JHA  of  28  November  2008  amending 
Framework Decision 2002/475/JHA (OJ L 330, 9.12.2008, p. 21). 

EN 

27 

   EN 

                                                 
HAVE ADOPTED THIS DIRECTIVE: 

TITLE I: SUBJECT MATTER AND DEFINITIONS  

Article 1 
Subject matter 

This Directive establishes minimum rules concerning the definition of criminal offences and 
sanctions  in  the  area  of  terrorist  offences,  offences  related  to  a  terrorist  group  and  offences 
related  to  terrorist  activities,  as  well  as  specific  measures  of  protection  of  and  assistance  to 
victims of terrorism.  

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

Article 2 
Definitions 

(a) 

(b) 

(c) 

(d) 

"funds" means assets of every kind, whether tangible or intangible, movable or 
immovable,  however  acquired,  and  legal  documents  or  instruments  in  any 
form,  including  electronic  or  digital,  evidencing  title  to,  or  interest  in,  such 
assets,  including,  but  not  limited  to,  bank  credits,  travellers  cheques,  bank 
cheques, money orders, shares, securities, bonds, drafts, letters of credit, 

"legal person"  means any entity having  legal personality  under the applicable 
law, except for States or public bodies in the exercise of State authority and for 
public international organisations, 

"terrorist  group"  shall  mean:  a  structured  group  of  more  than  two  persons, 
established  over  a  period  of  time  and  acting  in  concert  to  commit  terrorist 
offences 

"Structured  group"  shall  mean  a  group  that  is  not  randomly  formed  for  the 
immediate commission of an offence and that does not need to have formally 
defined  roles  for  its  members,  continuity  of  its  membership  or  a  developed 
structure.  

TITLE II: 
TERRORIST OFFENCES AND OFFENCES RELATED TO A TERRORIST GROUP 

Article 3 
Terrorist offences 

1. 

Each Member State shall take the necessary measures to ensure that the intentional 
acts  referred  to  in  paragraph  2,  as  defined  as  offences  under  national  law,  which, 
given  their  nature  or  context,  may  seriously  damage  a  country  or  an  international 
organisation are defined as terrorist offences where committed with the aim of one or 
more of the following: 

(a) 

seriously intimidating a population;  

(b)  unduly  compelling  a  Government  or  international  organisation  to  perform  or 

abstain from performing any act,  

(c) 

seriously  destabilising  or  destroying  the  fundamental  political,  constitutional, 
economic or social structures of a country or an international organisation.  

EN 

28 

   EN 

2. 

Intentional acts referred to in paragraph 1 are 

(a)  Attacks upon a persons' life which may cause death; 

(b) 

attacks upon the physical integrity of a person; 

(c)  kidnapping or hostage taking; 

(d) 

causing  extensive  destruction  to  a  Government  or  public  facility,  a  transport 
system,  an  infrastructure  facility,  including  an  information  system,  a  fixed 
platform  located  on  the  continental  shelf,  a  public  place  or  private  property 
likely to endanger human life or result in major economic loss; 

(e) 

seizure of aircraft, ships or other means of public or goods transport; 

(f)  manufacture,  possession,  acquisition,  transport,  supply  or  use  of  weapons, 
explosives  or  of  nuclear,  biological or  chemical  weapons,  as  well  as  research 
into, and development of, biological and chemical weapons; 

(g) 

(h) 

release  of  dangerous  substances,  or  causing  fires,  floods  or  explosions  the 
effect of which is to endanger human life; 

interfering  with  or  disrupting  the  supply  of  water,  power  or  any  other 
fundamental natural resource the effect of which is to endanger human life; 

(i) 

threatening to commit any of the acts listed in points (a) to (h). 

Article 4 
Offences relating to a terrorist group 

Each Member State shall take the necessary measures to ensure that the following acts, when 
committed intentionally, are punishable as a criminal offence: 

(a)  directing a terrorist group; 

(b)  participating  in  the  activities  of  a  terrorist  group,  including  by  supplying 
information or material resources, or by funding its activities in any way, with 
knowledge  of  the  fact  that  such  participation  will  contribute  to  the  criminal 
activities of the terrorist group. 

TITLE III: OFFENCES RELATED TO TERRORIST ACTIVITIES 

Article 5 
Public provocation to commit a terrorist offence 

Member States shall take the necessary measures to ensure that the distribution, or otherwise 
making available, of a message to the public, with the intent to incite the commission of one 
of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not 
directly advocating terrorist offences, causes a danger that one or more such offences may be 
committed, is punishable as a criminal offence when committed intentionally. 

EN 

29 

   EN 

 
Article 6 
Recruitment for terrorism 

Member  States  shall  take  the  necessary  measures  to  ensure  that  soliciting  another  person to 
commit  one  of  the  offences  listed  in  points  (a)  to  (h)  of  Article  3(2),  or  in  Article  4  is 
punishable as a criminal offence when committed intentionally. 

Article 7 
Providing training for terrorism 

Member  States  shall  take  the  necessary  measures  to  ensure  that  providing  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 of or contributing to 
one of the offences listed in points (a) to (h) of Article 3(2), knowing that the skills provided 
are intended to be used for this purpose, is punishable as a criminal offence when committed 
intentionally. 

Article 8 
Receiving training for terrorism 

Member  States  shall  take  the  necessary  measures  to  ensure that  to  receive  instruction,  from 
another person 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 of or contributing to the commission of one of the offences listed in points (a) to 
(h) of Article 3(2) is punishable as a criminal offence when committed intentionally.  

Article 9 
Travelling abroad for terrorism 

Member States shall take the necessary measures to ensure that travelling to another country 
for  the  purpose  of  the  commission  of  or  contribution  to  a  terrorist  offence  referred  to  in 
Article 3, the participation in the activities of a terrorist group referred to in Article 4 or the 
providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as 
a criminal offence when committed intentionally.  

Article 10 
Organising or otherwise facilitating travelling abroad for terrorism 

Member  States  shall  take  the  necessary  measures  to  ensure  that  any  act  of  organisation  or 
facilitation that assists any person in travelling abroad for the purpose of terrorism, as referred 
to in Article 9, knowing that the assistance thus rendered is for that purpose, is punishable as a 
criminal offence when committed intentionally. 

Article 11 
Terrorist financing 

Member States shall take the necessary measures to ensure that providing or collecting funds, 
by any means, directly or indirectly, with the intent that they should be used, or knowing that 
they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 
to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally.  

EN 

30 

   EN 

Article 12 
Aggravated theft to commit a terrorist offence 

Member States shall take the necessary measures to ensure that aggravated theft with a view 
to committing one of the offences listed in Article 3 is punishable as a criminal offence when 
committed intentionally.  

Article 13 
Extortion to commit a terrorist offence 

Member  States  shall  take  the  necessary  measures  to  ensure  that  extortion  with  a  view  to 
committing  one  of  the  offences  listed  in  Article 3  is  punishable  as  a  criminal  offence  when 
committed intentionally.  

Article 14 
Drawing up false administrative documents to committing a terrorist offence 

Member  States  shall  take  the  necessary  measures  to  ensure  that  drawing  up  false 
administrative documents with a view to committing one of the offences listed in points (a) to 
(h)  of  Article  3(2)  and  point  (b)  of  Article  4  is  punishable  as  a  criminal  offence  when 
committed intentionally.  

TITLE IV: GENERAL PROVISIONS RELATING TO TERRORIST OFFENCES, 
OFFENCES RELATED TO A TERRORIST GROUP AND OFFENCES RELATED TO 
TERRORIST ACTIVITIES 

Article 15 
Relationship to terrorist offences 

For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary 
that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a 
specific  terrorist  offence  or,  insofar  as  the  offences  in  Articles  9  to  11  are  concerned,  to 
specific offences related to terrorist activities. 

1. 

2. 

3. 

1. 

Article 16 
Aiding or abetting, inciting and attempting 

Each  Member  State  shall  take  the  necessary  measures  to  ensure  that  aiding  or 
abetting an offence referred to in Articles 3 to 8 and 11 to 14 is made punishable.  

Each  Member  State  shall  take  the  necessary  measures  to  ensure  that  inciting  an 
offence referred to in Articles 3to 14 is made punishable. 

Each  Member  State  shall  take  the  necessary  measures  to  ensure  that  attempting  to 
commit an offence referred to in Articles 3, 6, 7, 9 and 11 to 14, with the exception 
of possession as provided for in point (f) of Article 3(2) and the offence referred to in 
point (i) of Article 3(2), is made punishable. 

Article 17 
Penalties for natural persons 

Each  Member  State  shall  take  the  necessary  measures  to  ensure  that  the  offences 
referred  to  Articles  3  to  14  and  16  are  punishable  by  effective,  proportionate  and 
dissuasive criminal penalties, which may entail extradition. 

EN 

31 

   EN 

2. 

3. 

Each  Member  State  shall  take  the  necessary  measures  to  ensure  that  the  terrorist 
offences referred to in Article 3 and offences referred to in Article 16, inasmuch as 
they  relate  to  terrorist  offences,  are  punishable  by  custodial  sentences  heavier  than 
those  imposable  under  national  law  for  such  offences  in  the  absence  of  the  special 
intent required pursuant to Article 3, save where the sentences imposable are already 
the maximum possible sentences under national law.  

Each Member State shall take the necessary measures to ensure that offences listed in 
Article 4 are punishable by custodial sentences, with a maximum sentence of not less 
than fifteen years for the offence referred to in point (a) of Article 4(a), and for the 
offences listed in point (b) of Article 4(b) a maximum sentence of not less than eight 
years. Where the terrorist offence referred to in point (i) of Article 3(2) is committed 
by  a  person  directing  a  terrorist  group  as  referred  to  in  point  (a)  of  Article  4,  the 
maximum sentence shall not be less than eight years. 

Article 18 
Mitigating circumstances 

Each Member State may take the necessary measures to ensure that the penalties referred to in 
Article 17 may be reduced if the offender: 

(a) 

renounces terrorist activity, and 

(b)  provides the administrative or judicial authorities with information which they 

would not otherwise have been able to obtain, helping them to: 

(1)  prevent or mitigate the effects of the offence; 

(2) 

(3) 

identify or bring to justice the other offenders; 

find evidence; or 

(4)  prevent further offences referred to in Articles 3 to 14 and 16. 

Article 19 
Liability of legal persons 

1. 

2. 

3. 

Each  Member  State  shall  take  the  necessary  measures  to  ensure  that  legal  persons 
can  be  held  liable  for  any  of  the  offences  referred  to  in  Articles  3  to  14  and  16 
committed for their benefit by any person, acting either individually or as part of an 
organ  of  the  legal  person,  and  having  a  leading  position  within  the  legal  person, 
based on one of the following: 

(c) 

(d) 

(e) 

a power of representation of the legal person; 

an authority to take decisions on behalf of the legal person; 

an authority to exercise control within the legal person. 

Member  States  shall  also  take  the  necessary  measures  to  ensure  that  legal  persons 
can be held liable where the lack of supervision or control by a person referred to in 
paragraph 1 has made possible the commission of any of the offences referred to in 
Articles  3  to  14  and  16  for  the  benefit  of  that  legal  person  by  a  person  under  its 
authority. 

Liability  of  legal  persons  under  paragraphs  1  and  2  shall  not  exclude  criminal 
proceedings  against  natural  persons  who  are  perpetrators,  inciters  or  accessories  in 
any of the offences referred to in Articles 3 to 14 and 16. 

EN 

32 

   EN 

Article 20 
Penalties for legal persons 

Each Member State shall take the necessary measures to ensure that a legal person held liable 
pursuant  to  Article  19  is  punishable  by  effective,  proportionate  and  dissuasive  penalties, 
which shall include criminal or non-criminal fines and may include other penalties, such as: 

(a) 

(b) 

exclusion from entitlement to public benefits or aid; 

temporary  or  permanent  disqualification  from  the  practice  of  commercial 
activities; 

(c)  placing under judicial supervision; 

(d) 

(e) 

a judicial winding-up order; 

temporary  or  permanent  closure  of  establishments  which  have  been  used  for 
committing the offence. 

Article 21 
Jurisdiction and prosecution 

1. 

Each  Member  State  shall  take  the  necessary  measures  to  establish  its  jurisdiction 
over the offences referred to in Articles 3 to 14 and 16 where: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the offence is committed in whole or in part in its territory; 

the  offence  is  committed  on  board  of  a  vessel  flying  its  flag  or  an  aircraft 
registered there; 

the offender is one of its nationals or residents; 

the  offender  provides  training  for  terrorism,  as  referred  to  in  Article  7,  to 
nationals or residents; 

the  offence  is  committed  for  the  benefit  of  a  legal  person  established  in  its 
territory; 

the offence is committed against the institutions or people of the Member State 
in  question  or  against  an  institution,  body,  office  or  agency  of  the  European 
Union and based in that Member State. 

Each Member State may extend its jurisdiction if the offence is committed in 
the territory of a Member State. 

When  an  offence  falls  within  the  jurisdiction  of  more  than  one  Member  State  and 
when  any  of  the  States  concerned  can  validly  prosecute  on  the  basis  of  the  same 
facts, the Member States concerned shall cooperate in order to decide which of them 
will prosecute the offenders with the aim, if possible, of centralising proceedings in a 
single Member State. To this end, the Member States may have recourse to Eurojust 
in  order  to  facilitate  cooperation  between  their  judicial  authorities  and  the 
coordination  of  their  action.  Sequential  account  shall  be  taken  of  the  following 
factors: 

(a) 

(b) 

the  Member  State  shall  be  that  in  the  territory  of  which  the  acts  were 
committed, 

the  Member  State  shall  be  that  of  which  the  perpetrator  is  a  national  or 
resident, 

2. 

EN 

33 

   EN 

(c) 

(d) 

the Member State shall be the Member State of origin of the victims, 

the  Member  State  shall  be  that  in  the  territory  of  which  the  perpetrator  was 
found. 

Each Member State shall take the necessary measures also to establish its jurisdiction 
over the offences referred to in Articles 3 to 14 and 16 in cases where it refuses to 
hand over or extradite a person suspected or convicted of such an offence to another 
Member State or to a third country. 

Each Member State shall ensure that its jurisdiction covers cases in which any of the 
offences  referred  to  in  Articles  4  and  16  has  been  committed  in  whole  or  in  part 
within  its  territory,  wherever  the  terrorist  group  is  based  or  pursues  its  criminal 
activities. 

This Article shall not exclude the exercise of jurisdiction in criminal matters as laid 
down by a Member State in accordance with its national legislation. 

3. 

4. 

5. 

TITLE V: PROVISIONS ON PROTECTION SUPPORT AND RIGHTS OF VICTIMS OF 
TERRORISM 

 Article 22 
Protection of and assistance to victims of terrorism 

1. 

2. 

3. 

1. 

Member  States  shall  ensure  that  investigations  into,  or  prosecution  of,  offences 
covered  by  this  Directive  are  not  dependent  on  a  report  or  accusation  made  by  a 
victim of terrorism or other person subjected to the offence, at least if the acts were 
committed on the territory of the Member State. 

Member  States  shall  ensure  that  specific  services  to  assist  and  support  victims  of 
terrorism  are  in  place.  Such  services  shall  have  the  capacity  and  organisational 
structure  necessary  to  provide  assistance  and  support  to  these  victims  immediately 
after  an  attack  and  as  long  as  necessary  thereafter,  in  accordance  with  the  specific 
needs  of  each  victim.  The  services  shall  be  confidential,  free  of  charge  and  easily 
accessible to all victims of terrorism. They shall include in particular: 

(a) 

emotional and psychological support, such as trauma support and counselling; 

(b)  provision  of  advice  and  information  on  any  relevant  legal,  practical  or  

financial matter.  

This Directive shall apply in addition to and without prejudice to measures laid down 
in Directive 2012/29/EU. 

Article 23 
Rights of victims of terrorism resident in another Member State 

Member  States  shall  ensure  that  their  competent  authorities  cooperate  among  each 
other to ensure access to information for victims of terrorism who are residents of a 
Member  State  other  than  that  one  where  the  terrorist  offence  was  committed.  The 
access to information shall include in particular information about the victims' rights, 
available support services and accessible compensation schemes.   

EN 

34 

   EN 

 
  
 
2. 

Member States shall ensure that all victims of terrorism have access to the assistance 
and support services as laid down in Article 22 on the territory of the Member State 
of  their  residence,  even  if  the  terrorist  offence  was  committed  in  another  Member 
State.  

TITLE VI: FINAL PROVISIONS 

Article 24 
Replacement of Framework Decision 2002/475/JHA on combating terrorism  

Framework Decision 2002/475/JHA is replaced with regard to the Member States bound by 
this Directive, without prejudice to the obligations of those Member States with regard to the 
to the date for transposition of that Framework Decision into national law.  

With  regards  to  the  Member  States  bound  by  this  Directive,  references  to  Framework 
Decision 2002/475/JHA shall be construed as references to this Directive. 

1. 

2. 

1. 

2. 

Article 25 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [12  months  after  adoption]. 
They shall forthwith communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 26 
Reporting 

The Commission shall, by [24 months after the deadline for implementation of this 
Directive], submit a report to the European Parliament and to the Council, assessing 
the extent to which the Member States have taken the necessary measures to comply 
with this Directive. 

The Commission shall, by [48 months after the deadline for implementation of this 
Directive], submit a report to the European Parliament and to the Council, assessing 
the  impact  and  added  value  of  this  Directive  on  combating  terrorism.  The 
Commission  shall  take  into  account  the  information  provided  by  Member  States 
under Decision 2005/671/JHA. 

Article 27 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

EN 

35 

   EN 

Article 28 
Addressees 

This Directive is addressed to the Member States in accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

36 

   EN