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Texts adopted
Thursday, 29 November 2001 - Brussels Final edition
Combating terrorism/European arrest warrant *
A5-0397/2001
Text
 Resolution

Proposal for a Council framework decision on combating terrorism (COM(2001) 521 - C5-0452/2001 - 2001/0217(CNS) )

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament
Amendment 1
Recital -1 (new)
(-1) The European Union is founded on the universal values of human dignity, liberty, equality, solidarity and respect for human rights and fundamental freedoms; it is based on the principles of democracy and the rule of law, which are common to the Member States.
Amendment 2
Recital -1 a (new)
(-1a) The European Union respects fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
Amendment 3
Recital -1 b (new)
(-1b) The Charter of Fundamental Rights of the European Union reaffirms the rights which result notably from the constitutional traditions and international obligations common to the Member States and from the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Community and the Council of Europe, and the case law of the Court of Justice of the European Communities and the European Court of Human Rights.
Amendment 4
Recital -1 c (new)
(-1c) The European Union places people at the heart of its action by instituting citizenship of the Union and by creating an area of freedom, security and justice.
Amendment 5
Recital 1 a (new)
(1a) The European Council declared at its extraordinary meeting on 21 September 2001 that terrorism is a real challenge to Europe and the world and that the fight against terrorism will be a priority objective of the European Union.
Amendment 6
Recital 2
   (2) All or some Member States are party to a number of conventions relating to terrorism. The European Convention on the Suppression of Terrorism of 27 January 1977 establishes that terrorist offences cannot be regarded as political offences or as offences inspired by political motives. That Convention was the subject of Recommendation 1170 (1991) adopted by the Standing Committee, acting on behalf of the Parliamentary Assembly of the Council of Europe, on 25 November 1991. The United Nations has adopted the Convention for the suppression of terrorist bombings of 15 December 1997 and the Convention for the suppression of financing terrorism of 9 December 1999.
   (2) All or some Member States are party to a number of conventions relating to terrorism. The Council of Europe Convention on the Suppression of Terrorism of 27 January 1977 establishes that terrorist offences cannot be regarded as political offences or as offences inspired by political motives. That Convention was the subject of Recommendation 1170 (1991) adopted by the Standing Committee, acting on behalf of the Parliamentary Assembly of the Council of Europe, on 25 November 1991. The United Nations has adopted the Convention for the suppression of terrorist bombings of 15 December 1997 and the Convention for the suppression of financing terrorism of 9 December 1999.
Amendment 7
Recital 2 a (new)
(2a) Any measures resulting from this Framework Decision should be taken in full compliance with the provisions of the 1951 UN Convention of Geneva.
Amendment 8
Recital 3
   (3) At Union level, on 3 December 1998 the Council adopted the Action Plan of the Council and the Commission on how to best implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice. Terrorism was referred to in the conclusions of the Tampere European Council of 15 and 16 October 1999, and of the Santa María da Feira European Council of 19 and 20 June 2000. It was also mentioned in the Commission's Communication to the Council and the European Parliament on the biannual update of the scoreboard to review progress on the creation of an area of "freedom, security and justice" in the European Union (second half of 2000). The La Gomera Declaration adopted at the Informal Council Meeting of 14 October 1995 affirmed that terrorism constitutes a threat to democracy, to the free exercise of human rights and to economic and social development.
   (3) At Union level, the European Parliament adopted resolutions on 18 April 1985( 1 ), 11 September 1986( 2 ), 10 March 1994( 3 ) and 30 January 1997( 4 ) and a recommendation on 5 September 2001, on combating terrorism; on 3 December 1998 the Council adopted the Action Plan of the Council and the Commission on how to best implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice. Terrorism was referred to in the conclusions of the Tampere European Council of 15 and 16 October 1999, and of the Santa María da Feira European Council of 19 and 20 June 2000. It was also mentioned in the Commission's Communication to the Council and the European Parliament on the biannual update of the scoreboard to review progress on the creation of an area of "freedom, security and justice" in the European Union (second half of 2000). The La Gomera Declaration adopted at the Informal Council Meeting of 14 October 1995 affirmed that terrorism constitutes a threat to democracy, to the free exercise of human rights and to economic and social development.
____________
(1 ) OJ C 122, 20.5.1985, p.109.
( 2 ) OJ C 255, 13.10.1986, p.135.
( 3 ) OJ C 91, 28.3.1994, p.236.
( 4 ) OJ C 55, 24.2.1997, p.27.
Amendment 9
Recital 4
   (4) On 30 July 1996, twenty-five measures to fight against terrorism were advocated by the leading industrialised countries (G7) and Russia meeting in Paris.
Deleted
Amendment 10
Recital 10
   (10) It is necessary that the definition of the constituent elements of terrorism be common in all Member States, including those offences referred to terrorist groups. On the other hand, penalties and sanctions are provided for natural and legal persons having committed or being liable for such offences , which reflect the seriousness of such offences.
   (10) The definition of the constituent elements of criminal offences in the field of terrorism should be common to all Member States, including those offences related to terrorist groups. On the other hand, penalties and sanctions are provided for the natural and legal persons responsible , which reflect the seriousness of such offences.
Amendment 11
Recital 10 a (new)
(10a) Terrorist groups are at the heart of terrorist offences. The constituent elements of the criminal offences and the penalties applicable to terrorist groups should be defined. The number and seriousness of terrorist acts depend on the financial resources available to terrorists. It is essential to draw up a list, which should be periodically updated, containing the names of terrorist groups and organisations in order to take measures to prevent the financing of terrorists or their organisations and groups.
Amendment 117
Recital 10 b (new)
(10b) in the fight against terrorism it is necessary to combat isolated actions and organisations which support or collaborate with a terrorist group by providing information or material means, including by financing its activities, and recruiting individuals for participation in the activities of a terrorist group. On the other hand, effectively combating terrorism requires tackling the sources of funding. In this context, it is indispensable to consider extortion intended to contribute to the carrying out of terrorist offences, as well as the laundering of the proceeds of terrorist offences or of other offences committed within the framework of a terrorist group.
Amendment 12
Recital 15
   (15) In order to improve cooperation and in compliance with data protection rules, and in particular the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Data Processing of Personal Data, Member States should afford each other the widest judicial mutual assistance. Operational contact points should be established for the exchange of information or adequate use should be made of existing cooperation mechanism for that purpose.
   (15) In order to improve cooperation and in compliance with data protection rules, and in particular the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Data Processing of Personal Data, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data( 1 ) and Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector( 2 ), Member States should afford each other the widest judicial mutual assistance. Operational contact points should be established for the exchange of information or adequate use should be made of existing cooperation mechanism for that purpose.
_____________
(1 ) OJ L 281, 23.11.1995, p. 31.
(2 ) OJ L 24, 30.1.1998, p. 1.
Amendment 13
Recital 17
   (17) This Framework Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and notably Chapter VI thereof.
   (17) This Framework Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and notably Chapter VI thereof, which safeguards the rights of the individual by ensuring that a defendant is guaranteed the right to a fair trial, the right of defence, and the right not to be tried or punished twice in criminal proceedings for the same criminal offence .
Amendment 89
Recital 17 a (new)
(17a) The European Convention for the Protection of Human Rights and Fundamental Freedoms lays down minimum procedural safeguards for those involved in criminal proceedings. The Commission should present appropriate proposals to establish mechanisms to ensure that the convention is complied with in a consistent and uniform manner throughout the Member States.
Amendment 14
Recital 17 b (new)
(17b) When implementing and interpreting this Framework Decision, the competent institutions shall ensure that human rights and fundamental freedoms such as freedom of thought and expression and freedom of association and assembly are fully observed.
Amendment 15
Article 2, point (c)
   (c) committed for the benefit of a legal person established in a Member State; or
   (c) committed on the instructions of a legal person established in a Member State; or
Amendment 16
Article 3, paragraph 1, introduction
   1. Each Member State shall take the necessary measures to ensure that the following offences, defined according to its national law, which are intentionally committed by an individual or a group against one or more countries, their institutions or people with the aim of intimidating them and seriously altering or destroying the political, economic, or social structures of a country, will be punishable as terrorist offences:
   1. Each Member State shall take the necessary measures to ensure that the following offences, defined according to its national law, which are intentionally committed by an individual or a group against one or more countries, their institutions or people with the aim of intimidating them and seriously altering or destroying the fundamental freedoms, democracy, respect for human rights, civil liberties and rule of law on which our societies are based will be punishable as terrorist offences:
Amendment 17
Article 3, paragraph 1, points (a) and (b)
   (a) Murder ;
   (a) Offences against the life of a person ;
   (b) Bodily injuries ;
   (b) Serious offences against the physical integrity of persons causing serious bodily harm ;
Amendment 88
Article 3, paragraph 1, point (d)
   (d) Extortion
   (d) Extortion intended to contribute to the carrying out of terrorist offences;
Amendment 19
Article 3, paragraph 1, point (e)
   (e) Theft or robbery ;
   (e) Aggravated theft committed with a view to carrying out one of the offences listed in points (a) to (d) and (f) to (j) ;
Amendment 20
Article 3, paragraph 1, point (f)
   (f) Unlawful seizure of or damage to state or government facilities, means of public transport, infrastructure facilities, places of public use, and property;
   (f) Unlawful seizure of, or serious damage to, state or government facilities, means of public transport, infrastructure facilities, information or communications networks, public or private property, thereby seriously endangering public safety ;
Amendment 21
Article 3, paragraph 1, point (f a) (new)
   (fa) Hijacking aircraft and ships;
Amendment 22
Article 3, paragraph 1, point (g)
   (g) Fabrication, possession, acquisition, transport or supply of weapons or explosives;
   (g) Fabrication, possession, acquisition, transport or illicit use or supply of weapons or explosives;
Amendment 23
Article 3, paragraph 1, point (h a) (new)
   (ha) Unlawful releasing or distributing of chemical or biological substances, thereby endangering human health;
Amendment 24
Article 3, paragraph 1, point (i)
   (i) Interfering with or disrupting the supply of water, power, or other fundamental resource;
   (i) Interfering with or seriously damaging, in an indiscriminate way, the supply of water, power, or any other fundamental natural resource;
Amendment 25
Article 3, paragraph 1, point (j)
   (j) Attacks through interference with an information system ;
   (j) Destruction of, damage to or use of computerised or telecommunications systems with a view to destabilising the community;
Amendment 26
Article 3, paragraph 1, point (k)
   (k) Threatening to commit any of the offences listed above;
   (k) Threatening to commit any of the offences listed above except the one referred to in point (d).
Amendment 27
Article 3, paragraph 1, points (l) and (m)
   (l) Directing a terrorist group;
Deleted
   (m) Promoting of, supporting of or participating in a terrorist group.
Amendment 28
Article 3, paragraph 2
   2. For the purpose of this Framework Decision, "terrorist group" shall mean a structured organisation established over a period of time, of more than two persons, acting in concert to commit terrorist offences referred to in paragraph (1)(a) to (1)(k).
Deleted
Amendment 29
Article 3 a (new)
Article 3a
Offences relating to a terrorist group
   1. For the purpose of this Framework Decision, "terrorist group" shall mean a structured organisation established over a period of time, of more than two persons, acting in concert to commit terrorist offences.
   2. Each Member State shall take the necessary measures to ensure that the following acts, if committed intentionally, are punishable:
   (a) directing a terrorist group;
   (b) participating in the activities of a terrorist group;
   (c) supporting a terrorist group with a view to the carrying out of terrorist offences by providing information or material means, including by financing its activities, and recruiting individuals for participation in the activities of a terrorist group;
   (d) laundering the proceeds of terrorist offences or of other offences committed within the framework of a terrorist group.
Amendment 30
Article 3 b (new)
Article 3b
List of those involved in terrorist activities
   1. The Council acting unanimously on a proposal from the Commission or any Member State, having regard to the opinion of the European Parliament and Eurojust, shall adopt a list in the form of an Annex, containing the names of natural or legal persons, entities or bodies involved in terrorist activities.
   2. The Council shall amend the Annex by means of the same procedure.
   3. Each Member State shall adopt the necessary measures to identify, detect, freeze or seize all funds used or intended for use by the entities referred to in paragraph 1, with a view to their confiscation.
Amendment 118
Article 4
Member States shall ensure that instigating, aiding, abetting or attempting to commit a terrorist offence is punishable.
   1. Member States shall take the necessary measures to ensure that instigating, collaborating, promoting, aiding or abetting to commit any of the offences listed in Article 3(1) are punishable.
   2. Member States shall take the necessary measures to ensure that attempts to commit a terrorist offence, with the exception of preparatory offences such as the possession of weapons or explosives as provided for in Article 3(1), point (g) and the offence referred to in Article 3(1), point (k), are punishable.
Amendment 32
Article 5, paragraph 3 a (new)
3a. The criminal law of the Member States relating to young offenders shall remain unaffected.
Amendment 33
Article 5, paragraph 4
   4. Member States shall ensure that fines can also be imposed for terrorist offences and conduct referred to in Articles 3 and 4.
   4. Member States shall ensure that fines can also be imposed for terrorist offences and conduct referred to in Articles 3, 3a and 4. This shall not apply to terrorist offences punishable by a maximum term of deprivation of liberty not less than ten years.
Amendment 34
Article 5, paragraph 4 a (new)
4a. Throughout all proceedings held pursuant to this Framework Decision, Member States shall ensure that the defendant is accorded all rights recognised by the Charter of Fundamental Rights of the European Union, in particular the right to a fair trial, the right of defence, and the right not to be tried or punished twice in criminal proceedings for the same criminal offence.
Amendment 35
Article 6
Without prejudice to any other aggravating circumstances defined in their national legislation, Member States shall ensure that the penalties and sanctions referred to in Article 5 may be increased if the terrorist offence:
Each Member State shall take the necessary measures to ensure that the penalties referred to in Article 5 may be increased, save where the sentences imposable are already the maximum sentences possible under national law, where criminal offences referred to in Articles 3, 3a and 4, inasmuch as they relate to terrorist offences, are committed under the following circumstances:
   (a) is committed with particular ruthlessness; or
   (a) the offence is of a particularly cruel nature;
   (b) affects a large number of persons or is of a particular serious and persistent nature; or
   (b) the offence is intended or committed against a number of persons, with the use of severe violence or with particularly serious harm caused to the victims ;
   (c) is committed against Heads of State, Government Ministers, any other internationally protected person, elected members of parliamentary chambers, members of regional or local governments, judges, magistrates, judicial or prison civil servants and police forces.
   (c) the offence is intended or committed against persons who have the status of qualified authorities, on account of their public office or duties, in particular Heads of State, Government Ministers, any other internationally protected person, elected members of parliamentary chambers, members of regional or local governments, judges, magistrates, judicial or prison civil servants, police forces and members of the armed forces .
Amendment 36
Article 7, introduction, point (a) and point (b), introduction
Member States shall ensure that the penalties and sanctions referred to in Article 5 may be reduced if the offender:
Member States may reduce the penalties and sanctions referred to in Article 5 if the offender:
   (a) renounces terrorist activity, and
   (a) renounces terrorist activity, and
   (b) provides the administrative or judicial authorities with information helping them to:
   (b) provides the administrative or judicial authorities with information that has been shown to be reliable and truthful, helping them to:
Amendment 37
Article 8, paragraph 1
   1. Member States shall ensure that legal persons can be held liable for terrorist offences or conduct referred to in Articles 3 and 4 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on :
   1. Member States shall take the necessary measures to ensure that legal persons can be held liable under criminal or administrative law for those criminal offences referred to in Articles 3 3a and 4 committed, under their responsibility or on their account or for their benefit, by any person who has de facto or de jure power to take decisions or exercise control within the legal person, in particular when the person has :
   (a) a power of representation of the legal person, or
   (a) power of representation of the legal person, or
   (b) an authority to take decisions on behalf of the legal person, or
   (b) authority to take decisions on behalf of the legal person, or
   (c) an authority to exercise control within the legal person.
   (c) authority to exercise control within the legal person.
For the purposes of this Framework Decision "legal person" shall mean:
   (a) any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations, and
   (b) any structured organisation which has an activity de facto, in which independent rights and obligations are vested.
Amendment 38
Article 10, paragraph 1
   1. Member States shall establish their jurisdiction with regard to terrorist offences or conduct referred to in Articles 3 and 4 where the offence or conduct has been committed:
   1. Each Member State shall adopt the necessary measures to establish its jurisdiction with regard to the offences referred to in Articles 3, 3a and 4 where the offence has been committed:
   (a) in whole or in part within its territory;
   (a) in whole or in part, within the territory of a Member State;
   (aa) on board a ship or aircraft registered in a Member State;
   (b) by one of its nationals, provided that the law of that Member State may require the conduct to be punishable also in the country where it occurred; or
   (b) by a national or resident of a Member State;
   (c) for the benefit of a legal person that has its head office in the territory of that Member State;
   (c) for the benefit of a legal person established in the territory of a Member State;
   (d) against its institutions or people.
   (d) against its institutions or people, or against an institution of the European Union or of a body, set up pursuant to the Treaties establishing the European Community and the Treaty on European Union, which has its seat in the Member State concerned .
Amendment 39
Article 12, paragraph 2 a (new)
2a. Where more than one Member State has jurisdiction over an offence and any of the States concerned could validly prosecute suspects for the offence, the Member States concerned shall waive their jurisdiction in favour of one of them, according to the order of the criteria for jurisdiction listed in paragraph 1. If the conflicts cannot be resolved in this way, the Member States concerned shall cooperate in deciding which of them is to prosecute the suspects with the aim of centralising the prosecution, if possible, in a single Member State. To this end, Member States may:
   - ask Eurojust to coordinate the actions of the competent authorities in accordance with the decision setting up Eurojust, or
   - ask the Court of Justice of the European Communities to settle the dispute between them.
Amendment 40
Article 14, paragraph 1a (new)
Each Member State shall take all possible measures to provide appropriate assistance to the victim and his family. In particular, where necessary and possible, each Member State shall apply to the family Article 4 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings( 1 ).
_____________
(1 ) OJ L 82, 22.3.2001, p. 1.
Amendment 41
Article 14 a (new)
Article 14a
Jurisdiction
The Court of Justice of the European Communities shall be responsible for interpretation and the proper implementation of this Framework Decision.

European Parliament legislative resolution on the Commission proposal for a Council framework decision on combating terrorism (COM(2001) 521 - C5-0452/2001 - 2001/0217(CNS) )

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal (COM(2001) 521 ),

-  having regard to Article 29, Article 31, subparagraph (e), and Article 34, paragraph 2, subparagraph (b), of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39, paragraph 1, of the EU Treaty (C5-0452/2001 ),

-  having regard to Rules 67 and 106 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0397/2001 ),

1.  Approves the Commission proposal as amended;

2.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

4.  Calls on the Council to apply Article 40 of the EU Treaty in the event that unanimity cannot be attained or that unanimity can only be attained by substantially weakening the proposal;

5.  Instructs its President to forward its position to the Council and Commission.

Last updated: 16 May 2004Legal notice