CELEX: 52015PC0292
Language: en
Date: 2015-06-15
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)

EUROPEAN
                           COMMISSION
                                                    Brussels, 15.6.2015
                                                    COM(2015) 292 final
                                                    ANNEX 1
                                          ANNEX
                                            to the
   Proposal for a Council Decision on the signing, on behalf of the European Union, of the
      Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)
               Council of Europe Convention on the Prevention of Terrorism
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 ---pagebreak---                                                 ANNEX
                                                 to the
    Proposal for a Council Decision on the signing, on behalf of the European Union, of the
         Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)
                   Council of Europe Convention on the Prevention of Terrorism
   Warsaw, 16.V.2005
   Preamble
   The member States of the Council of Europe and the other Signatories hereto,
   Considering that the aim of the Council of Europe is to achieve greater unity between its
   members;
   Recognising the value of reinforcing co-operation with the other Parties to this Convention;
   Wishing to take effective measures to prevent terrorism and to counter, in particular, public
   provocation to commit terrorist offences and recruitment and training for terrorism;
   Aware of the grave concern caused by the increase in terrorist offences and the growing
   terrorist threat;
   Aware of the precarious situation faced by those who suffer from terrorism, and in this
   connection reaffirming their profound solidarity with the victims of terrorism and their
   families;
   Recognising that terrorist offences and the offences set forth in this Convention, by whoever
   perpetrated, are under no circumstances justifiable by considerations of a political,
   philosophical, ideological, racial, ethnic, religious or other similar nature, and recalling the
   obligation of all Parties to prevent such offences and, if not prevented, to prosecute and ensure
   that they are punishable by penalties which take into account their grave nature;
   Recalling the need to strengthen the fight against terrorism and reaffirming that all measures
   taken to prevent or suppress terrorist offences have to respect the rule of law and democratic
   values, human rights and fundamental freedoms as well as other provisions of international
   law, including, where applicable, international humanitarian law;
   Recognising that this Convention is not intended to affect established principles relating to
   freedom of expression and freedom of association;
   Recalling that acts of terrorism have the purpose by their nature or context to seriously
   intimidate a population or unduly compel a government or an international organisation to
   perform or abstain from performing any act or seriously destabilise or destroy the
   fundamental political, constitutional, economic or social structures of a country or an
   international organisation;
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 ---pagebreak---    Have agreed as follows:
   Article 1 – Terminology
   1.        For the purposes of this Convention, "terrorist offence" means any of the offences
             within the scope of and as defined in one of the treaties listed in the Appendix.
   2.        On depositing its instrument of ratification, acceptance, approval or accession, a
             State or the European Community which is not a party to a treaty listed in the
             Appendix may declare that, in the application of this Convention to the Party
             concerned, that treaty shall be deemed not to be included in the Appendix. This
             declaration shall cease to have effect as soon as the treaty enters into force for the
             Party having made such a declaration, which shall notify the Secretary General of the
             Council of Europe of this entry into force.
   Article 2 – Purpose
   The purpose of the present Convention is to enhance the efforts of Parties in preventing
   terrorism and its negative effects on the full enjoyment of human rights, in particular the right
   to life, both by measures to be taken at national level and through international co-operation,
   with due regard to the existing applicable multilateral or bilateral treaties or agreements
   between the Parties.
   Article 3 – National prevention policies
   1.        Each Party shall take appropriate measures, particularly in the field of training of law
             enforcement authorities and other bodies, and in the fields of education, culture,
             information, media and public awareness raising, with a view to preventing terrorist
             offences and their negative effects while respecting human rights obligations as set
             forth in, where applicable to that Party, 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.
   2.        Each Party shall take such measures as may be necessary to improve and develop the
             co-operation among national authorities with a view to preventing terrorist offences
             and their negative effects by, inter alia:
             a.        exchanging information;
             b.        improving the physical protection of persons and facilities;
             c.        enhancing training and coordination plans for civil emergencies.
   3.        Each Party shall promote tolerance by encouraging inter-religious and cross-cultural
             dialogue involving, where appropriate, non-governmental organisations and other
             elements of civil society with a view to preventing tensions that might contribute to
             the commission of terrorist offences.
   4.        Each Party shall endeavour to promote public awareness regarding the existence,
             causes and gravity of and the threat posed by terrorist offences and the offences set
             forth in this Convention and consider encouraging the public to provide factual,
             specific help to its competent authorities that may contribute to preventing terrorist
             offences and offences set forth in this Convention.
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 ---pagebreak---    Article 4 – International co-operation on prevention
   Parties shall, as appropriate and with due regard to their capabilities, assist and support each
   other with a view to enhancing their capacity to prevent the commission of terrorist offences,
   including through exchange of information and best practices, as well as through training and
   other joint efforts of a preventive character.
   Article 5 – Public provocation to commit a terrorist offence
   1.       For the purposes of this Convention, "public provocation to commit a terrorist
            offence" means the distribution, or otherwise making available, of a message to the
            public, with the intent to incite the commission of a terrorist offence, where such
            conduct, whether or not directly advocating terrorist offences, causes a danger that
            one or more such offences may be committed.
   2.       Each Party shall adopt such measures as may be necessary to establish public
            provocation to commit a terrorist offence, as defined in paragraph 1, when
            committed unlawfully and intentionally, as a criminal offence under its domestic law.
   Article 6 – Recruitment for terrorism
   1.       For the purposes of this Convention, "recruitment for terrorism" means to solicit
            another person to commit or participate in the commission of a terrorist offence, or to
            join an association or group, for the purpose of contributing to the commission of one
            or more terrorist offences by the association or the group.
   2.       Each Party shall adopt such measures as may be necessary to establish recruitment
            for terrorism, as defined in paragraph 1, when committed unlawfully and
            intentionally, as a criminal offence under its domestic law.
   Article 7 – Training for terrorism
   1.       For the purposes of this Convention, "training for terrorism" means to provide
            instruction in the making or use of explosives, firearms or other weapons or noxious
            or hazardous substances, or in other specific methods or techniques, for the purpose
            of carrying out or contributing to the commission of a terrorist offence, knowing that
            the skills provided are intended to be used for this purpose.
   2.       Each Party shall adopt such measures as may be necessary to establish training for
            terrorism, as defined in paragraph 1, when committed unlawfully and intentionally,
            as a criminal offence under its domestic law.
   Article 8 – Irrelevance of the commission of a terrorist offence
   For an act to constitute an offence as set forth in Articles 5 to 7 of this Convention, it shall not
   be necessary that a terrorist offence be actually committed.
   Article 9 – Ancillary offences
   1.       Each Party shall adopt such measures as may be necessary to establish as a criminal
            offence under its domestic law:
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 ---pagebreak---           a.        Participating as an accomplice in an offence as set forth in Articles 5 to 7 of
                    this Convention;
          b.        Organising or directing others to commit an offence as set forth in Articles 5
                    to 7 of this Convention;
          c.        Contributing to the commission of one or more offences as set forth in
                    Articles 5 to 7 of this Convention by a group of persons acting with a
                    common purpose. Such contribution shall be intentional and shall either:
                    i.        be made with the aim of furthering the criminal activity or criminal
                              purpose of the group, where such activity or purpose involves the
                              commission of an offence as set forth in Articles 5 to 7 of this
                              Convention; or
                    ii.       be made in the knowledge of the intention of the group to commit an
                              offence as set forth in Articles 5 to 7 of this Convention.
   2.       Each Party shall also adopt such measures as may be necessary to establish as a
            criminal offence under, and in accordance with, its domestic law the attempt to
            commit an offence as set forth in Articles 6 and 7 of this Convention.
   Article 10 – Liability of legal entities
   1.       Each Party shall adopt such measures as may be necessary, in accordance with its
            legal principles, to establish the liability of legal entities for participation in the
            offences set forth in Articles 5 to 7 and 9 of this Convention.
   2.       Subject to the legal principles of the Party, the liability of legal entities may be
            criminal, civil or administrative.
   3.       Such liability shall be without prejudice to the criminal liability of the natural
            persons who have committed the offences.
   Article 11 – Sanctions and measures
   1.       Each Party shall adopt such measures as may be necessary to make the offences set
            forth in Articles 5 to 7 and 9 of this Convention punishable by effective,
            proportionate and dissuasive penalties.
   2.       Previous final convictions pronounced in foreign States for offences set forth in the
            present Convention may, to the extent permitted by domestic law, be taken into
            account for the purpose of determining the sentence in accordance with domestic
            law.
   3.       Each Party shall ensure that legal entities held liable in accordance with Article 10
            are subject to effective, proportionate and dissuasive criminal or non-criminal
            sanctions, including monetary sanctions.
   Article 12 – Conditions and safeguards
   1.       Each Party shall ensure that the establishment, implementation and application of the
            criminalisation under Articles 5 to 7 and 9 of this Convention are carried out while
            respecting human rights obligations, in particular the right to freedom of expression,
            freedom of association and freedom of religion, as set forth in, where applicable to
            that Party, the Convention for the Protection of Human Rights and Fundamental
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 ---pagebreak---             Freedoms, the International Covenant on Civil and Political Rights, and other
            obligations under international law.
   2.       The establishment, implementation and application of the criminalisation under
            Articles 5 to 7 and 9 of this Convention should furthermore be subject to the
            principle of proportionality, with respect to the legitimate aims pursued and to their
            necessity in a democratic society, and should exclude any form of arbitrariness or
            discriminatory or racist treatment.
   Article 13 – Protection, compensation and support for victims of terrorism
   Each Party shall adopt such measures as may be necessary to protect and support the victims
   of terrorism that has been committed within its own territory. These measures may include,
   through the appropriate national schemes and subject to domestic legislation, inter alia,
   financial assistance and compensation for victims of terrorism and their close family
   members.
   Article – Jurisdiction
   1.       Each Party shall take such measures as may be necessary to establish its jurisdiction
            over the offences set forth in this Convention:
            a.        when the offence is committed in the territory of that Party;
            b.        when the offence is committed on board a ship flying the flag of that Party,
                      or on board an aircraft registered under the laws of that Party;
            c.        when the offence is committed by a national of that Party.
   2.       Each Party may also establish its jurisdiction over the offences set forth in this
            Convention:
            a.        when the offence was directed towards or resulted in the carrying out of an
                      offence referred to in Article 1 of this Convention, in the territory of or
                      against a national of that Party;
            b.        when the offence was directed towards or resulted in the carrying out of an
                      offence referred to in Article 1 of this Convention, against a State or
                      government facility of that Party abroad, including diplomatic or consular
                      premises of that Party;
            c.        when the offence was directed towards or resulted in an offence referred to
                      in Article 1 of this Convention, committed in an attempt to compel that
                      Party to do or abstain from doing any act;
            d.        when the offence is committed by a stateless person who has his or her
                      habitual residence in the territory of that Party;
            e.        when the offence is committed on board an aircraft which is operated by the
                      Government of that Party.
   3.       Each Party shall take such measures as may be necessary to establish its jurisdiction
            over the offences set forth in this Convention in the case where the alleged offender
            is present in its territory and it does not extradite him or her to a Party whose
            jurisdiction is based on a rule of jurisdiction existing equally in the law of the
            requested Party.
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 ---pagebreak---    4.       This Convention does not exclude any criminal jurisdiction exercised in accordance
            with national law.
   5.       When more than one Party claims jurisdiction over an alleged offence set forth in
            this Convention, the Parties involved shall, where appropriate, consult with a view to
            determining the most appropriate jurisdiction for prosecution.
   Article 15 – Duty to investigate
   1.       Upon receiving information that a person who has committed or who is alleged to
            have committed an offence set forth in this Convention may be present in its
            territory, the Party concerned shall take such measures as may be necessary under its
            domestic law to investigate the facts contained in the information.
   2.       Upon being satisfied that the circumstances so warrant, the Party in whose territory
            the offender or alleged offender is present shall take the appropriate measures under
            its domestic law so as to ensure that person’s presence for the purpose of prosecution
            or extradition.
   3.       Any person in respect of whom the measures referred to in paragraph 2 are being
            taken shall be entitled to:
            a.        communicate without delay with the nearest appropriate representative of
                      the State of which that person is a national or which is otherwise entitled to
                      protect that person’s rights or, if that person is a stateless person, the State in
                      the territory of which that person habitually resides;
            b.        be visited by a representative of that State;
            c.        be informed of that person’s rights under subparagraphs a. and b.
   4.       The rights referred to in paragraph 3 shall be exercised in conformity with the laws
            and regulations of the Party in the territory of which the offender or alleged offender
            is present, subject to the provision that the said laws and regulations must enable full
            effect to be given to the purposes for which the rights accorded under paragraph 3 are
            intended.
   5.       The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any
            Party having a claim of jurisdiction in accordance with Article 14, paragraphs 1.c and
            2.d to invite the International Committee of the Red Cross to communicate with and
            visit the alleged offender.
   Article 16 – Non application of the Convention
   This Convention shall not apply where any of the offences established in accordance with
   Articles 5 to 7 and 9 is committed within a single State, the alleged offender is a national of
   that State and is present in the territory of that State, and no other State has a basis under
   Article 14, paragraph 1 or 2 of this Convention, to exercise jurisdiction, it being understood
   that the provisions of Articles 17 and 20 to 22 of this Convention shall, as appropriate, apply
   in those cases.
   Article 17 – International co-operation in criminal matters
   1.       Parties shall afford one another the greatest measure of assistance in connection with
            criminal investigations or criminal or extradition proceedings in respect of the
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 ---pagebreak---             offences set forth in Articles 5 to 7 and 9 of this Convention, including assistance in
            obtaining evidence in their possession necessary for the proceedings.
   2.       Parties shall carry out their obligations under paragraph 1 in conformity with any
            treaties or other agreements on mutual legal assistance that may exist between them.
            In the absence of such treaties or agreements, Parties shall afford one another
            assistance in accordance with their domestic law.
   3.       Parties shall co-operate with each other to the fullest extent possible under relevant
            law, treaties, agreements and arrangements of the requested Party with respect to
            criminal investigations or proceedings in relation to the offences for which a legal
            entity may be held liable in accordance with Article 10 of this Convention in the
            requesting Party.
   4.       Each Party may give consideration to establishing additional mechanisms to share
            with other Parties information or evidence needed to establish criminal, civil or
            administrative liability pursuant to Article 10.
   Article 18 – Extradite or prosecute
   1.       The Party in the territory of which the alleged offender is present shall, when it has
            jurisdiction in accordance with Article 14, if it does not extradite that person, be
            obliged, without exception whatsoever and whether or not the offence was
            committed in its territory, to submit the case without undue delay to its competent
            authorities for the purpose of prosecution, through proceedings in accordance with
            the laws of that Party. Those authorities shall take their decision in the same manner
            as in the case of any other offence of a serious nature under the law of that Party.
   2.       Whenever a Party is permitted under its domestic law to extradite or otherwise
            surrender one of its nationals only upon the condition that the person will be returned
            to that Party to serve the sentence imposed as a result of the trial or proceeding for
            which the extradition or surrender of the person was sought, and this Party and the
            Party seeking the extradition of the person agree with this option and other terms
            they may deem appropriate, such a conditional extradition or surrender shall be
            sufficient to discharge the obligation set forth in paragraph 1.
   Article 19 – Extradition
   1.       The offences set forth in Articles 5 to 7 and 9 of this Convention shall be deemed to
            be included as extraditable offences in any extradition treaty existing between any of
            the Parties before the entry into force of this Convention. Parties undertake to include
            such offences as extraditable offences in every extradition treaty to be subsequently
            concluded between them.
   2.       When a Party which makes extradition conditional on the existence of a treaty
            receives a request for extradition from another Party with which it has no extradition
            treaty, the requested Party may, if it so decides, consider this Convention as a legal
            basis for extradition in respect of the offences set forth in Articles 5 to 7 and 9 of this
            Convention. Extradition shall be subject to the other conditions provided by the law
            of the requested Party.
   3.       Parties which do not make extradition conditional on the existence of a treaty shall
            recognise the offences set forth in Articles 5 to 7 and 9 of this Convention as
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 ---pagebreak---             extraditable offences between themselves, subject to the conditions provided by the
            law of the requested Party.
   4.       Where necessary, the offences set forth in Articles 5 to 7 and 9 of this Convention
            shall be treated, for the purposes of extradition between Parties, as if they had been
            committed not only in the place in which they occurred but also in the territory of the
            Parties that have established jurisdiction in accordance with Article 14.
   5.       The provisions of all extradition treaties and agreements concluded between Parties
            in respect of offences set forth in Articles 5 to 7 and 9 of this Convention shall be
            deemed to be modified as between Parties to the extent that they are incompatible
            with this Convention.
   Article 20 – Exclusion of the political exception clause
   1.       None of the offences referred to in Articles 5 to 7 and 9 of this Convention, shall be
            regarded, for the purposes of extradition or mutual legal assistance, as a political
            offence, an offence connected with a political offence, or as an offence inspired by
            political motives. Accordingly, a request for extradition or for mutual legal assistance
            based on such an offence may not be refused on the sole ground that it concerns a
            political offence or an offence connected with a political offence or an offence
            inspired by political motives.
   2.       Without prejudice to the application of Articles 19 to 23 of the Vienna Convention
            on the Law of Treaties of 23 May 1969 to the other Articles of this Convention, any
            State or the European Community may, at the time of signature or when depositing
            its instrument of ratification, acceptance, approval or accession of the Convention,
            declare that it reserves the right to not apply paragraph 1 of this Article as far as
            extradition in respect of an offence set forth in this Convention is concerned. The
            Party undertakes to apply this reservation on a case-by-case basis, through a duly
            reasoned decision.
   3.       Any Party may wholly or partly withdraw a reservation it has made in accordance
            with paragraph 2 by means of a declaration addressed to the Secretary General of the
            Council of Europe which shall become effective as from the date of its receipt.
   4.       A Party which has made a reservation in accordance with paragraph 2 of this Article
            may not claim the application of paragraph 1 of this Article by any other Party; it
            may, however, if its reservation is partial or conditional, claim the application of this
            article in so far as it has itself accepted it.
   5.       The reservation shall be valid for a period of three years from the day of the entry
            into force of this Convention in respect of the Party concerned. However, such
            reservation may be renewed for periods of the same duration.
   6.       Twelve months before the date of expiry of the reservation, the Secretary General of
            the Council of Europe shall give notice of that expiry to the Party concerned. No
            later than three months before expiry, the Party shall notify the Secretary General of
            the Council of Europe that it is upholding, amending or withdrawing its reservation.
            Where a Party notifies the Secretary General of the Council of Europe that it is
            upholding its reservation, it shall provide an explanation of the grounds justifying its
            continuance. In the absence of notification by the Party concerned, the Secretary
            General of the Council of Europe shall inform that Party that its reservation is
            considered to have been extended automatically for a period of six months. Failure
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 ---pagebreak---             by the Party concerned to notify its intention to uphold or modify its reservation
            before the expiry of that period shall cause the reservation to lapse.
   7.       Where a Party does not extradite a person in application of this reservation, after
            receiving an extradition request from another Party, it shall submit the case, without
            exception whatsoever and without undue delay, to its competent authorities for the
            purpose of prosecution, unless the requesting Party and the requested Party agree
            otherwise. The competent authorities, for the purpose of prosecution in the requested
            Party, shall take their decision in the same manner as in the case of any offence of a
            grave nature under the law of that Party. The requested Party shall communicate,
            without undue delay, the final outcome of the proceedings to the requesting Party
            and to the Secretary General of the Council of Europe, who shall forward it to the
            Consultation of the Parties provided for in Article 30.
   8.       The decision to refuse the extradition request on the basis of this reservation shall be
            forwarded promptly to the requesting Party. If within a reasonable time no judicial
            decision on the merits has been taken in the requested Party according to paragraph
            7, the requesting Party may communicate this fact to the Secretary General of the
            Council of Europe, who shall submit the matter to the Consultation of the Parties
            provided for in Article 30. This Consultation shall consider the matter and issue an
            opinion on the conformity of the refusal with the Convention and shall submit it to
            the Committee of Ministers for the purpose of issuing a declaration thereon. When
            performing its functions under this paragraph, the Committee of Ministers shall meet
            in its composition restricted to the States Parties.
   Article 21 – Discrimination clause
   1.       Nothing in this Convention shall be interpreted as imposing an obligation to extradite
            or to afford mutual legal assistance, if the requested Party has substantial grounds for
            believing that the request for extradition for offences set forth in Articles 5 to 7 and 9
            or for mutual legal assistance with respect to such offences has been made for the
            purpose of prosecuting or punishing a person on account of that person’s race,
            religion, nationality, ethnic origin or political opinion or that compliance with the
            request would cause prejudice to that person’s position for any of these reasons.
   2.       Nothing in this Convention shall be interpreted as imposing an obligation to extradite
            if the person who is the subject of the extradition request risks being exposed to
            torture or to inhuman or degrading treatment or punishment.
   3.       Nothing in this Convention shall be interpreted either as imposing an obligation to
            extradite if the person who is the subject of the extradition request risks being
            exposed to the death penalty or, where the law of the requested Party does not allow
            for life imprisonment, to life imprisonment without the possibility of parole, unless
            under applicable extradition treaties the requested Party is under the obligation to
            extradite if the requesting Party gives such assurance as the requested Party considers
            sufficient that the death penalty will not be imposed or, where imposed, will not be
            carried out, or that the person concerned will not be subject to life imprisonment
            without the possibility of parole.
   Article 22 – Spontaneous information
   1.       Without prejudice to their own investigations or proceedings, the competent
            authorities of a Party may, without prior request, forward to the competent
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 ---pagebreak---             authorities of another Party information obtained within the framework of their own
            investigations, when they consider that the disclosure of such information might
            assist the Party receiving the information in initiating or carrying out investigations
            or proceedings, or might lead to a request by that Party under this Convention.
   2.       The Party providing the information may, pursuant to its national law, impose
            conditions on the use of such information by the Party receiving the information.
   3.       The Party receiving the information shall be bound by those conditions.
   4.       However, any Party may, at any time, by means of a declaration addressed to the
            Secretary General of the Council of Europe, declare that it reserves the right not to be
            bound by the conditions imposed by the Party providing the information under
            paragraph 2 above, unless it receives prior notice of the nature of the information to
            be provided and agrees to its transmission.
   Article 23 – Signature and entry into force
   1.       This Convention shall be open for signature by the member States of the Council of
            Europe, the European Community and by non-member States which have
            participated in its elaboration.
   2.       This Convention is subject to ratification, acceptance or approval. Instruments of
            ratification, acceptance or approval shall be deposited with the Secretary General of
            the Council of Europe.
   3.       This Convention shall enter into force on the first day of the month following the
            expiration of a period of three months after the date on which six Signatories,
            including at least four member States of the Council of Europe, have expressed their
            consent to be bound by the Convention in accordance with the provisions of
            paragraph 2.
   4.       In respect of any Signatory which subsequently expresses its consent to be bound by
            it, the Convention shall enter into force on the first day of the month following the
            expiration of a period of three months after the date of the expression of its consent
            to be bound by the Convention in accordance with the provisions of paragraph 2.
   Article 24 – Accession to the Convention
   1.       After the entry into force of this Convention, the Committee of Ministers of the
            Council of Europe, after consulting with and obtaining the unanimous consent of the
            Parties to the Convention, may invite any State which is not a member of the Council
            of Europe and which has not participated in its elaboration to accede to this
            convention. The decision shall be taken by the majority provided for in Article 20.d
            of the Statute of the Council of Europe and by the unanimous vote of the
            representatives of the Parties entitled to sit on the Committee of Ministers.
   2.       In respect of any State acceding to the convention under paragraph 1 above, the
            Convention shall enter into force on the first day of the month following the
            expiration of a period of three months after the date of deposit of the instrument of
            accession with the Secretary General of the Council of Europe.
   Article 25 – Territorial application
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 ---pagebreak---    1.       Any State or the European Community may, at the time of signature or when
            depositing its instrument of ratification, acceptance, approval or accession, specify
            the territory or territories to which this Convention shall apply.
   2.       Any Party may, at any later date, by a declaration addressed to the Secretary General
            of the Council of Europe, extend the application of this Convention to any other
            territory specified in the declaration. In respect of such territory the Convention shall
            enter into force on the first day of the month following the expiration of a period of
            three months after the date of receipt of the declaration by the Secretary General.
   3.       Any declaration made under the two preceding paragraphs may, in respect of any
            territory specified in such declaration, be withdrawn by a notification addressed to
            the Secretary General of the Council of Europe. The withdrawal shall become
            effective on the first day of the month following the expiration of a period of three
            months after the date of receipt of such notification by the Secretary General.
   Article 26 – Effects of the Convention
   1.       The present Convention supplements applicable multilateral or bilateral treaties or
            agreements between the Parties, including the provisions of the following Council of
            Europe treaties:
            –         European Convention on Extradition, opened for signature, in Paris, on 13
                      December 1957 (ETS No. 24);
            –         European Convention on Mutual Assistance in Criminal Matters, opened for
                      signature, in Strasbourg, on 20 April 1959 (ETS No. 30);
            –         European Convention on the Suppression of Terrorism, opened for
                      signature, in Strasbourg, on 27 January 1977 (ETS No. 90);
            –         Additional Protocol to the European Convention on Mutual Assistance in
                      Criminal Matters, opened for signature in Strasbourg on 17 March 1978
                      (ETS No. 99);
            –         Second Additional Protocol to the European Convention on Mutual
                      Assistance in Criminal Matters, opened for signature in Strasbourg on 8
                      November 2001 (ETS No. 182);
            –         Protocol amending the European Convention on the Suppression of
                      Terrorism, opened for signature in Strasbourg on 15 May 2003 (ETS No.
                      190).
   2.       If two or more Parties have already concluded an agreement or treaty on the matters
            dealt with in this Convention or have otherwise established their relations on such
            matters, or should they in future do so, they shall also be entitled to apply that
            agreement or treaty or to regulate those relations accordingly. However, where
            Parties establish their relations in respect of the matters dealt with in the present
            Convention other than as regulated therein, they shall do so in a manner that is not
            inconsistent with the Convention’s objectives and principles.
   3.       Parties which are members of the European Union shall, in their mutual relations,
            apply Community and European Union rules in so far as there are Community or
            European Union rules governing the particular subject concerned and applicable to
            the specific case, without prejudice to the object and purpose of the present
            Convention and without prejudice to its full application with other Parties.
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 ---pagebreak---    4.       Nothing in this Convention shall affect other rights, obligations and responsibilities
            of a Party and individuals under international law, including international
            humanitarian law.
   5.       The activities of armed forces during an armed conflict, as those terms are
            understood under international humanitarian law, which are governed by that law,
            are not governed by this Convention, and the activities undertaken by military forces
            of a Party in the exercise of their official duties, inasmuch as they are governed by
            other rules of international law, are not governed by this Convention.
   Article 27 – Amendments to the Convention
   1.       Amendments to this Convention may be proposed by any Party, the Committee of
            Ministers of the Council of Europe or the Consultation of the Parties.
   2.       Any proposal for amendment shall be communicated by the Secretary General of the
            Council of Europe to the Parties.
   3.       Moreover, any amendment proposed by a Party or the Committee of Ministers shall
            be communicated to the Consultation of the Parties, which shall submit to the
            Committee of Ministers its opinion on the proposed amendment.
   4.       The Committee of Ministers shall consider the proposed amendment and any opinion
            submitted by the Consultation of the Parties and may approve the amendment.
   5.       The text of any amendment approved by the Committee of Ministers in accordance
            with paragraph 4 shall be forwarded to the Parties for acceptance.
   6.       Any amendment approved in accordance with paragraph 4 shall come into force on
            the thirtieth day after all Parties have informed the Secretary General of their
            acceptance thereof.
   Article 28 – Revision of the Appendix
   1.       In order to update the list of treaties in the Appendix, amendments may be proposed
            by any Party or by the Committee of Ministers. These proposals for amendment shall
            only concern universal treaties concluded within the United Nations system dealing
            specifically with international terrorism and having entered into force. They shall be
            communicated by the Secretary General of the Council of Europe to the Parties.
   2.       After having consulted the non-member Parties, the Committee of Ministers may
            adopt a proposed amendment by the majority provided for in Article 20.d of the
            Statute of the Council of Europe. The amendment shall enter into force following the
            expiry of a period of one year after the date on which it has been forwarded to the
            Parties. During this period, any Party may notify the Secretary General of the
            Council of Europe of any objection to the entry into force of the amendment in
            respect of that Party.
   3.       If one third of the Parties notifies the Secretary General of the Council of Europe of
            an objection to the entry into force of the amendment, the amendment shall not enter
            into force.
   4.       If less than one third of the Parties notifies an objection, the amendment shall enter
            into force for those Parties which have not notified an objection.
EN                                                  13                                             EN
 ---pagebreak---    5.       Once an amendment has entered into force in accordance with paragraph 2 and a
            Party has notified an objection to it, this amendment shall come into force in respect
            of the Party concerned on the first day of the month following the date on which it
            notifies the Secretary General of the Council of Europe of its acceptance.
   Article 29 – Settlement of disputes
   In the event of a dispute between Parties as to the interpretation or application of this
   Convention, they shall seek a settlement of the dispute through negotiation or any other
   peaceful means of their choice, including submission of the dispute to an arbitral tribunal
   whose decisions shall be binding upon the Parties to the dispute, or to the International Court
   of Justice, as agreed upon by the Parties concerned.
   Article 30 – Consultation of the Parties
   1.       The Parties shall consult periodically with a view to:
            a.        making proposals to facilitate or improve the effective use and
                      implementation of this Convention, including the identification of any
                      problems and the effects of any declaration made under this Convention;
            b.        formulating its opinion on the conformity of a refusal to extradite which is
                      referred to them in accordance with Article 20, paragraph 8;
            c.        making proposals for the amendment of this Convention in accordance with
                      Article 27;
            d.        formulating their opinion on any proposal for the amendment of this
                      Convention which is referred to them in accordance with Article 27,
                      paragraph 3;
            e.        expressing an opinion on any question concerning the application of this
                      Convention and facilitating the exchange of information on significant legal,
                      policy or technological developments.
   2.       The Consultation of the Parties shall be convened by the Secretary General of the
            Council of Europe whenever he finds it necessary and in any case when a majority of
            the Parties or the Committee of Ministers request its convocation.
   3.       The Parties shall be assisted by the Secretariat of the Council of Europe in carrying
            out their functions pursuant to this article.
   Article 31 – Denunciation
   1.       Any Party may, at any time, denounce this Convention by means of a notification
            addressed to the Secretary General of the Council of Europe.
   2.       Such denunciation shall become effective on the first day of the month following the
            expiration of a period of three months after the date of receipt of the notification by
            the Secretary General.
   Article 32 – Notification
   The Secretary General of the Council of Europe shall notify the member States of the Council
   of Europe, the European Community, the non-member States which have participated in the
EN                                                 14                                               EN
 ---pagebreak---    elaboration of this Convention as well as any State which has acceded to, or has been invited
   to accede to, this Convention of:
          a.         any signature;
          b.         the deposit of any instrument of ratification, acceptance, approval or
                     accession;
          c.         any date of entry into force of this Convention in accordance with Article 23;
          d.         any declaration made under Article 1, paragraph 2, 22, paragraph 4, and 25;
          e.         any other act, notification or communication relating to this Convention.
   In witness whereof the undersigned, being duly authorised thereto, have signed this
   Convention.
   Done at Warsaw, this 16th day of May 2005, in English and in French, both texts being
   equally authentic, in a single copy which shall be deposited in the archives of the Council of
   Europe. The Secretary General of the Council of Europe shall transmit certified copies to each
   member State of the Council of Europe, to the European Community, to the non-member
   States which have participated in the elaboration of this Convention, and to any State invited
   to accede to it.
   Appendix
   1.       Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The
            Hague on 16 December 1970;
   2.       Convention for the Suppression of Unlawful Acts Against the Safety of Civil
            Aviation, concluded at Montreal on 23 September 1971;
   3.       Convention on the Prevention and Punishment of Crimes Against Internationally
            Protected Persons, Including Diplomatic Agents, adopted in New York on 14
            December 1973;
   4.       International Convention Against the Taking of Hostages, adopted in New York on
            17 December 1979;
   5.       Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3
            March 1980;
   6.       Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
            International Civil Aviation, done at Montreal on 24 February 1988;
   7.       Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
            Navigation, done at Rome on 10 March 1988;
   8.       Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
            Located on the Continental Shelf, done at Rome on 10 March 1988;
   9.       International Convention for the Suppression of Terrorist Bombings, adopted in New
            York on 15 December 1997;
   10.      International Convention for the Suppression of the Financing of Terrorism, adopted
            in New York on 9 December 1999;
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 ---pagebreak---    11.  International Convention for the Suppression of Acts of Nuclear Terrorism, adopted
        in New York on 13 April 20051.
   1
       Amendment to the Appendix adopted by the Ministers' Deputies at their 1034th meeting (11 September
       2008, item 10.1) and entered into force on 13 September 2009 in accordance with Article 28 of the
       Convention
EN                                                 16                                                     EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                     Brussels, 15.6.2015
                                                     COM(2015) 292 final
                                                     2015/0131 (NLE)
                                        Proposal for a
                                    COUNCIL DECISION
   on the signing, on behalf of the European Union, of the Council of Europe Convention
                       on the Prevention of Terrorism (CETS No. 196)
EN                                                                                      EN
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   The Council of Europe Convention on the Prevention of Terrorism, adopted by the
   Committee of Ministers at its 925th meeting and opened for signature on 16 May 2005 in
   Warsaw, aims to take effective measures to prevent terrorism while respecting in particular
   the rule of law and democratic values, human rights and fundamental freedoms.
   Such measures include in particular criminal offences of a preparatory nature having the
   potential to lead to the commission of terrorist acts, i.e. public provocation to commit a
   terrorist offence, recruitment and training for terrorism. These measures are complemented by
   in particular provisions on prevention and international cooperation in criminal matters. There
   is a large body of EU instruments governing the various areas covered by the Convention.
   The Convention entered into force on 1 June 2007 and has been ratified by 32 countries.
   The Convention is open for signature by the European Union (Article 23 of the Convention).
   The Union has competence to sign the Convention and can become party to the Convention
   alongside the Member States to the extent that the Convention falls within Union competence.
   On 19 May 2015 the Council of Europe Committee of Ministers adopted the Additional
   Protocol supplementing the Council of Europe Convention on the Prevention of Terrorism
   (CETS No. 196). The Commission has submitted, together with the present proposal, a
   proposal for a Council Decision authorising the signing of the Additional Protocol on behalf
   of the European Union.1.
   2.        LEGAL ELEMENTS OF THE PROPOSAL
   2.1.      The aim and content of the Convention on the Prevention of Terrorism
   The purpose of the Council of Europe Convention on the Prevention of Terrorism is to
   enhance the efforts of the parties in preventing terrorism and its negative effects on the full
   enjoyment of human rights, in particular the right to life, both by measures taken at national
   level and through international co-operation (Article 2). The Convention thus criminalises the
   following acts when committed intentionally: public provocation to commit a terrorist offence
   (Article 5), recruitment for terrorism (Article 6), training for terrorism (Article 7) as well as
   aiding and abetting, inciting and attempting the aforementioned offences (so-called "ancillary
   offences" as defined in Article 9). Article 1 defines the notion of "terrorist offence" referring
   to acts as listed in the Appendix I to the Convention.
   These provisions defining criminal offences are complemented by provisions establishing the
   liability of legal entities for the aforementioned offences (Article 10) and setting out
   conditions for sanctions and penalties (Article 11). The establishment, implementation and
   application of the criminalisation of these offences is subject to the conditions and
   fundamental rights safeguards as stipulated in Article 12. The Convention lays down
   jurisdictional rules for the Convention offences (Article 14). It establishes an obligation to
   investigate (Article 15) and to prosecute or extradite (Article 18). These measures are
   1
            COM(2015) 291 final
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 ---pagebreak---    accompanied by rules on the protection, compensation and support for victims of terrorism
   (Article 13), national prevention policies (Article 3) and, international co-operation on
   prevention (Article 4). The Convention also contains several provisions aiming at
   strengthening international co-operation in criminal matters through mutual legal assistance,
   including the spontaneous information exchange (Articles 17 and 22) and extradition (Articles
   19, 20 and 21), being subject to a non-discrimination clause (Article 21).
   The Convention provides that it is open for signature to the European Union (Article 23
   paragraph 1). In addition, it includes a "disconnection clause" ensuring that in relations
   between European Union Member States EU rules apply (Article 26 paragraph 3).
   2.2.        The legal basis for the proposed decision
   It is established case-law that the choice of legal basis for an EU measure must rest on
   objective factors that are amenable to judicial review; these include the aim and the content of
   the measure.2 If examination of a European Union measure reveals that it pursues a twofold
   purpose or that it has a twofold component and if one of those is identifiable as the main or
   predominant purpose or component, whereas the other is merely incidental, the measure must
   be founded on a single legal basis, namely that required by the main or predominant purpose
   or component.3 Where it is established that the measure pursues several objectives which are
   inseparably linked without one being secondary and indirect in relation to the other, the
   measures must be founded on the various corresponding legal bases, unless the procedures
   laid down for each legal basis are incompatible with each other.4 The following provisions are
   considered as the appropriate legal bases:
   (a)      Article 83(1) TFEU on the establishment of criminal offences, including related
            offences.
   (b)      Article 84 TFEU on prevention of crime.
   (c)      Articles 82 and 87(2) TFEU as regards police cooperation and judicial cooperation in
            criminal matters.
   The procedures laid down for these legal bases are compatible with each other.
   2.3.        The necessity of the proposed decision
   The Commission has submitted, together with the present proposal, a proposal for a Council
   Decision authorising the signing of the Additional Protocol on behalf of the European Union.
   Article 10 of the Additional Protocol provides that the Additional Protocol shall be open for
   signature by Signatories to the Convention.
   The adoption of a Council Decision authorising the signing of the Convention on behalf of the
   European Union is thus a necessary requirement for the adoption of a Council Decision
   authorising the signing of the Additional Protocol on behalf of the European Union.
   2
        See, for instance, Case C-490/10 Parliament v Council, EU:C:2012:525, paragraph 44, and the case-law
        cited.
   3
        Case C-490/10 Parliament v Council, paragraph 45.
   4
        Case C-490/10 Parliament v Council, paragraph 46.
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 ---pagebreak---    3.       TERRITORIAL APPLICATION
   In accordance with Protocol 22 of the Treaty of the European Union, the Additional Protocol
   signed and eventually concluded by the European Union is binding upon and applies in all EU
   Member States with the exception of Denmark.
   In accordance with Protocol 21 of the Treaty of the European Union, the Additional Protocol
   signed and eventually concluded by the European Union is binding upon and applies in the
   United Kingdom only insofar as this Member State notifies the Council of its wish to take part
   in the adoption and application of this instrument.
EN                                                4                                               EN
 ---pagebreak---                                                           2015/0131 (NLE)
                                             Proposal for a
                                       COUNCIL DECISION
     on the signing, on behalf of the European Union, of the Council of Europe Convention
                          on the Prevention of Terrorism (CETS No. 196)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 82, Article 83(1), Article 84 and Article 87(2) in conjunction with Article 218(5)
   thereof,
   Having regard to the proposal from the European Commission,
   Whereas:
   (1)    Article 23 of the Council of Europe Convention on the Prevention of Terrorism (CTS
          No. 196; ‘the Convention’) provides that that Convention shall be open for signature
          by the European Union.
   (2)    On 1 April 2015 the Council authorised the Commission to open negotiations on the
          Additional Protocol to the Convention (‘the Additional Protocol’).
   (3)    On 19 May 2015 the Council of Europe Committee of Ministers adopted the
          Additional Protocol. The Commission has submitted to the Council a proposal for a
          Council Decision authorising the signing of the Additional Protocol on behalf of the
          European Union.
   (4)    Article 10 of the Additional Protocol provides that the Additional Protocol shall be
          open for signature by signatories to the Convention.
   (5)    The Convention should therefore be signed on behalf of the European Union.
   (6)    [In accordance with Article 3 of 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 European Union and to the Treaty on the Functioning of the European
          Union, the United Kingdom has notified its wish to take part in the adoption and
          application of this Decision.]
   (7)    OR: [In accordance with Articles 1 and 2 of 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 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 is not taking part in the adoption of this Decision and is not bound by it or
          subject to its application]
   (8)    In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark,
          annexed to the Treaty on European Union and to the Treaty on the Functioning of the
          European Union, Denmark is not taking part in the adoption of this Decision and is not
          bound by it or subject to its application,
EN                                                 5                                             EN
 ---pagebreak---    HAS ADOPTED THIS DECISION:
                                               Article 1
   The signing of Council of Europe Convention on the Prevention of Terrorism (CETS No.
   196) is hereby approved on behalf of the European Union, subject to the conclusion of the
   said Convention.
   The text of the Agreement to be signed is attached to this Decision.
                                               Article 2
   The Council Secretariat General shall establish the instrument of full powers to sign the
   Convention, subject to its conclusion, for the person(s) indicated by the European
   Commission.
                                               Article 3
   This Decision shall enter into force upon its adoption.
   Done at Brussels,
                                                 For the Council
                                                 The President
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