Legislative Observatory
European Parliament
Please fill in this field to find a procedure

Council of Europe Convention on the Prevention of Terrorism (CETS No 217). Additional Protocol

2017/0266(NLE)

PURPOSE: to approve, on behalf of the Union, the conclusion of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 217).

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in accordance with Council Decision (EU) 2015/1914, the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism was signed on 22 October 2015, subject to its conclusion.

Article 10 of the Additional Protocol provides that the Additional Protocol shall be open for approval by the Union.

Directive (EU) 2017/541 of the European Parliament and of the Council established common Union rules on combatting terrorism. Consequently, the Union has already adopted measures in different areas covered by the Additional Protocol.

The Additional Protocol should therefore be approved on behalf of the Union as regards matters falling within the competence of the Union in so far as the Additional Protocol may affect those common rules or alter their scope.

The Member States retain their competence in so far as the Additional Protocol does not affect common rules or alter the scope thereof.

CONTENT: with this proposed Decision, the Council is called on to approve, on behalf of the European Union, the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism, as regards matters falling within the competence of the Union.

The text of the Additional Protocol is attached to this Decision.

The Additional Protocol requires each party to designate a point of contact for the purpose of exchange of information on persons travelling abroad for the purpose of terrorism.

Europol should be designated as the point of contact for the Union. Points of contact for the Member States may also be designated.

Territorial application: the Additional Protocol shall be binding and apply in all EU Member States with the exception of Denmark. It shall be binding upon and apply 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. Ireland is bound by Framework Decision 2002/475/JHA and is therefore to take part in the adoption of this Decision.