Combating terrorism: criminalisation of offences linked to terrorist activities. Framework Decision

The Council reached a general approach on a framework decision which aims at including three new crimes in EU legislation:

• public provocation to commit terrorist offences;
• recruitment for terrorism; and
• training for terrorism.

The inclusion of those offences will bring the advantage of a more integrated EU institutional framework. There will be rules in respect of the type and level of criminal penalties and mandatory rules on jurisdiction which will be applicable to the offences.

EU cooperation mechanisms (see for instance the Decision of 2005 on the communication of terrorist-related information to Europol and Eurojust) will be triggered since they have as their scope of application the Framework Decision.

In accordance with the text,

• "public provocation to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the offences listed in the framework decision, where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed;
• "recruitment for terrorism" means to solicit another person to commit one of the offences listed in the framework decision; and

•  "training for terrorism" means to provide instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of committing one of the offences listed in the framework decision, knowing that the skills provided are intended to be used for this purpose.