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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).

NON-LEGISLATIVE ACT: Council Decision (EU) 2018/890 on the conclusion, on behalf of the European Union, of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism.

CONTENT: the Council decided to approve, on behalf of the Union, the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 217) as regards matters falling within the Union's competence. The Additional Protocol was signed on 22 October 2015, subject to its conclusion.

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

The Additional Protocol supplements Convention No. 196 with a series of provisions aimed at implementing the criminal law aspects of UN Security Council Resolution 2178(2014) on “Threats to international peace and security caused by terrorist acts”.

It seeks to prevent and curb the flow of foreign terrorist fighters to conflict zones and provide a common understanding of and response to foreign terrorist fighter-related offences, which serves as a benchmark for information exchange.

The Additional Protocol thus provides for the criminalisation of the following acts:

  • participation in an association or group for the purpose of terrorism;
  • receiving training for terrorism;
  • travelling or attempting to travel for terrorist purposes;
  • providing or collecting funds for such travels;
  • organising and facilitating such travels.

The Additional Protocol requires the parties to designate a contact point for the 24/7 exchange of information on foreign terrorist fighters. Pursuant to this Decision, the European Union Agency for Law Enforcement Cooperation (Europol) is designated as the Union contact point under the conditions laid down in Regulation (EU) 2016/794 for relations with partners and the transfer and exchange of personal data.

Ireland is taking part in the adoption of this Decision. The United Kingdom and Denmark shall not participate.

ENTRY INTO FORCE: 4.6.2018.