EUROPEAN COMMISSION

Brussels, 2.12.2015

COM(2015) 625 final

2015/0281(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Need to implement relevant international standards and obligations and address the evolving terrorist threat

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

The present proposal complements the EU regime for freezing the assets of foreign terrorist organisations and individuals. This is laid down on one hand, in Council Regulation 881/2002 implementing the UNSC designations of persons and entities linked to Al-Qaeda (UNSCR 1267 and 1390) and, on the other hand, the so called EU 'autonomous' measures in line with UNSCR 1373 targeting other terrorists and organisations not linked to Al-Qaeda.

This proposal complements the preventive measures related to terrorist financing of Directive 2015/849/EU.

This proposal also complements the EU policy in the area of victims' rights. In particular Directive 2012/29/EU that entered into application in the Member States on 16 November 2015, provides for a set of rights for all victims of rights. Directive 2004/80/EC requires that the Member States ensure compensation to victims of violent intentional acts, including in cross-border situations. This proposal builds on the existing EU rules related to victims’ rights, without however enlarging their scope. In particular, it develops and deepens several provisions of the Directive 2012/29/EU to provide specific support to address the needs of victims of terrorist offences.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•Variable geometry

•Subsidiarity

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

Eurojust was asked to look into whether existing criminal offences in Member States are sufficient to tackle new phenomena such as in particular the flow of foreign terrorist fighters to third countries. The appraisal by Eurojust revealed doubts as to the effectiveness of such measures calling for a revision of the existing legal framework. 17

•Stakeholder consultations

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents

•Detailed explanation of the specific provisions of the proposal

Title I: Subject matter and definitions

Article 1: Subject matter – This provision sets out the purpose and scope of the draft Directive, in particular that it establishes minimum rules concerning terrorist offences, offences related to a terrorist group and offences relating to terrorist activities, as well as specific measures of protection of and assistance to victims of terrorism.

Article 2: Definitions – This provision provides definitions for "funds" (in relation to the offence of terrorist financing cf. Article 11) in line with EU acquis 20 ,"legal persons" (in relation to the obligation to establish liability of legal persons cf. Article 19) and "terrorist group" (in relation to the offence relating to a terrorist group cf. Article 4, identical to the definition previously contained in Article 2(1) of the Framework Decision 2002/475/JHA).

Title II: Terrorist offences and offences related to a terrorist group

Article 3: Terrorist offences – This provision defines which offences should be considered as terrorist offences in the Member States. This provision was contained already in Article 1 of the Framework Decision 2002/475/JHA and remained unchanged since. The main aim of this key provision is to approximate the definition of terrorist offences in all Member States by introducing a specific and common qualification of certain acts as terrorist offences. Terrorist acts are serious offences which become terrorist offences because of the motivation of the offender. The concept of terrorism offences is thus a combination of two elements: an objective element, as it refers to a list of serious criminal conducts, as defined by reference to national law, and a subjective element, as these acts shall be deemed to be terrorist offences when committed with a specific intent.

Article 4: Offences relating to a terrorist group – This provision requires Member States to criminalise the direction or participation in the activities of a terrorist group, with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group. This provision aims at ensuring that directing a terrorist group and participating in its activities are by themselves considered as independent criminal facts and dealt with as terrorist offences. It was contained already in Article 2 of the Framework Decision 2002/475/JHA and was not changed by the 2008 amendments. Adapting the current legal framework to international obligations (in particular Article 2 of the Additional Protocol) does not require a revision of this Article. The explanatory report to the Additional Protocol clarifies that it is left to the Parties to define the terrorist group.

Title III - Offences relating to terrorist activities 

The offences defined under this title are of a very serious nature as they have the potential to lead to the commission of terrorist offences and enable terrorists and terrorist groups to maintain and further develop their criminal activities. While these offences do not require that a terrorist offence be committed, as explained in Article 15, they also include an objective element, namely clearly defined conduct and circumstances, and a subjective element, i.e. the intent or knowledge of the perpetrator or potential perpetrator as to his or her conduct having the potential to lead to the commission of or contribution to terrorist offences. These elements shall be proven in accordance with the national law of a Member State through evidence submitted to an independent court or tribunal for scrutiny in accordance with the specific, applicable criminal procedures of the Member State, relevant provisions of the EU acquis on the procedural rights of suspects or accused in criminal proceedings and in full respect of the guarantees of the fundamental right to a fair trial, the presumption of innocence and the right of defence, as enshrined in the Charter of Fundamental Rights.

Article 5:Public provocation to commit a terrorist offence - This offence was introduced by the Framework Decision 2008/919/JHA (introducing a new offence in Article 3(1)(a)) to implement Article 5 of the Council of Europe Convention on the prevention of terrorism.

Under this provision are considered as punishable acts, for example, the glorification of suicide bombers, encouragement to join violent jihad, direct invitations to kill non-believers, justification of terrorism or the dissemination of messages or images of brutal assassinations as a way to gain publicity for the terrorists cause or prove their power, where such behaviour actually creates the risk that terrorist acts will be committed and provided that the messages are disseminated with the purpose of furthering terrorist activities (not necessarily those of a specific terrorist organisation). Such messages and images may also include those denigrating victims of terrorism, including their families. The provisions were also meant to ensure that dissemination of messages through the Internet encouraging the commission of terrorist offences or providing for terrorist expertise was made punishable. Article 6: Recruitment for terrorism – This offence was introduced by Framework Decision 2008/919/JHA (introducing a new offence in Article 3(1)(b))to implement Article 6 of the Council of Europe Convention on the prevention of terrorism. As clarified in the explanatory notes to this Convention, punishment under this provision "requires that the recruiter intends that the person or persons he or she recruits commit or contribute to the commission of a terrorist offence or join an association or group for that purpose, whereas it is immaterial "whether the addressees of the solicitation actually participate in the commission of a terrorist offence or join an association or group for that purpose. This provision is meant to provide adequate criminal justice tools to stem extensive recruitment activities by individuals or recruitment networks.

Article 7: Providing training for terrorism - This offence was introduced by Framework Decision 2008/919/JHA (introducing a new offence in Article 3(1)(c))to implement Article 7 of the Council of Europe Convention on the prevention of terrorism. Its inclusion was meant to capture the dissemination of instructions and (online) manuals intended for training or planning of attacks and more specifically the dissemination (through the internet) of information on terrorist means and methods, thus functioning as a ‘virtual training camp’. While particular emphasis was put on the use of the internet, the scope of training for terrorism is not limited to the provision of internet-based instructions but also encompasses more traditional training.

New offences implementing the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism - The offences of receiving training for terrorism, travelling abroad for terrorism and the organising or otherwise facilitating travelling abroad for terrorism are introduced to implement the Additional Protocol. Some of the explanations below are based on the explanatory report to the Additional Protocol.

Article 8: Receiving of training - The proposal not only covers the providing of training for the purpose of terrorism (already contained in Framework Decision 2008/919/JHA), but also the receiving of such training, enabling the recipient to carry out or contribute to the commission of terrorist offences.

This provision implements Article 3 of the Additional Protocol. It will provide law enforcement and prosecutors with additional tools to tackle the threats resulting from potential perpetrators, including those ultimately acting alone, by offering the possibility to investigate and prosecute training activities having the potential to lead to the commission of terrorist offences. The receiving of training for terrorism may take place in person, e.g. by attending a training camp run by a terrorist association or group, or through various electronic media, including through the Internet. However, the mere fact of visiting websites containing information or receiving communications, which could be used for training for terrorism, is not enough to commit the crime of receiving training for terrorism. The perpetrator must normally take an active part in the training. Member States may, however, choose to criminalise forms of “self-study” in their domestic law.

Furthermore, the purpose of the receiving of training for terrorism must be to carry out or contribute to the commission of a terrorist offence, as defined in Article 3, and the perpetrator must have the intention to do so. The participation in otherwise lawful activities, such as taking a chemistry course at university, taking flying lessons or receiving military training provided by a State, may also be considered as unlawfully committing the criminal offence of receiving training for terrorism, if it can be demonstrated that the person receiving the training has the required criminal intent to use the training thus acquired to commit a terrorist offence.

Article 9: Travelling abroad for terrorism - This offence targets primarily the phenomenon of foreign terrorist fighters by criminalising travelling to another country for terrorist purposes. Article 9 is intended to implement Article 4 of the Additional Protocol.

The aim of the provision is to oblige a Member State to criminalise the act of travelling to another country, if it can be demonstrated that the intended purpose of that travel is to commit, contribute to or participate in terrorist offences as defined in Article 3, or to provide or receive training for terrorism as defined in Articles 7 and 8. In addition to the requirements set out in the Additional Protocol, that the provision also includes travelling for the purpose of participating in the activities of a terrorist group as defined in Article 4. Criminalising travel for that purpose is equally important to address the threats posed by foreign terrorist fighters and will provide investigators and prosecutors with the necessary tools to effectively pursue the different purposes and activities that foreign terrorist fighters pursue.

The provision covers both the travel to third countries, as well as to EU Member States, including those of the nationality or residence of the perpetrator. The travel to the State of destination may be direct or by transiting other States en route.

All individuals travelling to another country will be potentially affected by the provisions on the criminalisation of the act of travelling abroad for the purpose of terrorism under the Directive. The seriousness of the threat posed by foreign terrorist fighters warrants a robust response which, on the other hand, should be fully compatible with fundamental rights and freedoms and the rule of law. Article 9 is only concerned with the criminalisation of the act of travelling under very particular conditions, and with a specific intent as to the purpose of the travelling.

Article 10: Organising or otherwise facilitating travelling abroad for terrorism - This provision implements Article 6 of the Additional Protocol and requires Member States to criminalise conduct enabling travel with terrorist purpose, such as acts of organisation or facilitation of such travel. . The term “organisation” covers a variety of conducts related to practical arrangements connected with travelling, such as the purchase of tickets and the planning of itineraries. The term “facilitation” is used to cover any other conduct than those falling under “organisation” which assists the traveller in reaching his or her destination. As an example, the act of assisting the traveller in unlawfully crossing a border could be mentioned. In addition to acting intentionally, the perpetrator must know that the assistance is rendered for the purpose of terrorism.

Article 11: Terrorist financing - This provision requires Member States to criminalise the provision of funds that are used to commit terrorist offences and offences related to terrorist groups or terrorist activities. The definition is in line with the definition of terrorist financing in Directive 2015/849/EU, which covers the financing of all offences as defined in Article 1 to 4 of the Framework Decision 2002/475/JHA, as amended by Framework Decision 2008/919/JHA. The concept of funds is defined in Article 2 of the proposed Directive.

In addition, the inclusion of financing of travelling abroad for terrorism (an offence not previously contained in the Framework Decision 2002/475/JHA) implements Article 5 of the Additional Protocol as well as Recommendation No 5 of FATF (as this was clarified by the recently adopted amendment to the Interpretative Note to Recommendation No 5). Pursuant to Article 15, it is not necessary that the offence is actually committed or to establish a link to a specific terrorist offence or offences related to terrorist activities. Article 11 in combination with Article 15 implements the abovementioned FATF Recommendation which requires that terrorist financing be criminalised even in the absence of a link to a specific terrorist act or acts.

The funds may come from a single source, e.g. as a loan or a gift which is provided to the traveller by a person or legal entity, or from various sources through some kind of collection organised by one or more persons or legal entities.

Article 12-14: aggravated theft, extortion and fraud to commit terrorist offences - A final set of terrorist-related offences (cf. Article 12 to 14 concerns aggravated theft, extortion and fraud with a view to committing one of the offences listed in Article 3 or 4(b)). These offences already formed part of Article 3 Framework Decision 2002/475/JHA. Member States should take the necessary measures to ensure that preparatory acts for the commission of these offences with a view to committing certain terrorist offences would be criminalised as a terrorist related activity irrespective of whether the terrorist offence as such has been committed, eg. the theft of explosives to eventually commit a terrorist act but where the planned terrorist attack is not carried out.

Title IV: General provisions relating to terrorist offences, offences related to a terrorist group and offences related to terrorist activities

Article 15: Relationship to terrorist offences - This provision of horizontal application makes clear that for any of the offences related to a terrorist group or terrorist activities (including the offences defined in Article 16), it shall not be necessary that a terrorist offence is actually committed, as already stipulated in Article 3(3) of the Framework Decision 002/475/JHA, as amended by Framework Decision 2008/919/JHA. For instance the criminalisation of participating in the activities of a terrorist group does not require that terrorist acts have already or are committed. Furthermore, it shall not be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities. For instance, for the criminalisation of the recruitment to terrorism it is not necessary that the person is solicited to commit a specific terrorist offence or that the person providing training for terrorism instructs a person in the commission of a specific terrorist offence. In the same spirit, for the criminalisation of the financing of terrorism, it is sufficient that there is knowledge about the use of the funds for purposes furthering the terrorist activities in general without there being a need to be linked to for instance a specific already envisaged travel abroad.

Article 16: Aiding or abetting, inciting and attempting - This is a provision applicable to the offences mentioned above, which requires Member States to criminalise also forms of aiding and abetting, inciting and attempting many of the mentioned offences.

Aiding and abetting a terrorist offence may comprise a large variety of activities which can range from providing the financial resources for the execution of a terrorist attack, to the provision of supportive services or material such as (means of) transportation, weapons, explosives or shelter.

In addition to the requirements as currently laid down in Article 4 of the Framework Decision 2002/475/JHA, as amended by Framework Decision 2008/919/JHA , it is proposed to criminalise also aiding and abetting in relation to the receiving of training. While this is not required under the Additional Protocol, criminalising such activities is coherent with the criminalisation of aiding and abetting to other preparatory activities. Indeed helping a person to get instructed (for instance by translating terrorist content in a foreign language in full knowledge of the content as well as the intended use of such instruction) is not less reprehensible than offering similar (translation) support to a person providing the training.

It is proposed to extend the criminalisation of incitement to all offences. Indeed, the one inciting is often the driving force behind the actions taken by direct offenders. In addition to what had already previously been criminalised under the Framework Decision 2002/475/JHA, the current proposal criminalises incitement to the offences related to terrorist activities as contained in Title III. For instance, the person instigating another person to actively recruit others or to travel abroad for terrorist purposes would therefore be covered by Article 16.

In comparison to the Framework Decision 2002/475/JHA, the additional obligations created for Member States are to criminalise the attempt of travelling abroad for terrorist purposes, in line with Article 4(3) of the Additional Protocol. Moreover, an additional obligation consists in criminalising the attempt as well as the aiding and abetting of terrorist financing, in line with FATF Recommendation No. 5 and the definition of terrorist financing in Directive 2015/48/EU. It is also proposed to criminalise the attempt to provide training, as well as recruitment for terrorism. This takes into account the requirements of Article 9(2) of the Council of Europe Convention on the prevention of terrorism, as well as the situation in most Member States, which have - as the 2014 implementation report has shown – criminalised attempt for these offences already.

Article 17: Penalties for natural persons –– This provision, already contained in Article 5 of Framework Decision 2002/475/JHA, is applicable to all offences and requires Member States to apply effective, proportionate and dissuasive criminal penalties, which entail extradition. The second paragraph underlines that the terrorist offence should be punishable with a more severe sanction than the similar offences in national law committed without a terrorist intent. For some offences, a minimum is set to the maximum penalty to be imposed.

It is proposed to keep this provision unchanged. In particular Article 11 of the Council of Europe Convention on the prevention of terrorism, which – in accordance with Article 9 of the Additional Protocol – applies accordingly, does not require any changes.

Article 18: Mitigating circumstances – This provision was already contained in Article 6 the Framework Decision 2002/475/JHA (referring to “particular circumstances”), following Council Resolution of 20 December 1996 on individuals who cooperate with the judicial process in the fight against international organised crime. It allows Member States to take into account certain mitigating circumstances that may reduce the penalty imposed to terrorists. It is proposed to keep the substance of this provision unchanged.

Article 19: Liability of legal persons – This is a provision applicable to all offences mentioned above, which requires Member States to ensure liability of legal persons, while excluding that such liability is alternative to that of natural persons. The provision is in line with Article 10 of the Council of Europe Convention on the prevention of terrorism, which – in accordance with Article 9 of the Additional protocol – applies accordingly.

This provision is taken from Article 7 of Framework Decision 2002/475/JHA, following a standard formula that can be found in other EU legal instruments, obliging Member States to ensure that legal persons can be held liable for offences referred to in Articles 1 to 4 committed for their benefit by any person with certain leading positions, within the legal person. It is not required that such liability be exclusively criminal.

Article 20: Minimum sanction types for legal persons – This provision, already contained in Article 8 of Framework Decision 2002/475/JHA, is applicable to sanctions for legal persons. It is proposed to keep this provision unchanged. In particular Article 10 of the Council of Europe Convention on the prevention of terrorism, which – in accordance with Article 9 of the Additional Protocol – applies accordingly, does not require any changes.

Article 21: Jurisdiction and prosecution – This provision, already contained in Article 9 of the Framework Decision 2002/475/JHA and applicable to all offences mentioned above, requires the existence of competence bases for the judicial authorities which allow them to initiate investigation, pursue prosecutions and bring to judgment the offences defined in this Directive.

The starting point is the territoriality principle in Article 9(1)(a), according to which each Member State must establish its jurisdiction over terrorist offences committed in whole or in part in its territory. Articles 9(1)(b) and 9(4) can be considered as an extension of this principle. Additionally, Member States must take extra-territorial jurisdiction over offences referred to in Articles 1 to 4, where the offender is one of its nationals or residents, or the offence is committed for the benefit of a legal person established in its territory, or against its institutions or people, an institution of the European Union or a body set up in accordance with the Treaty establishing the European Community or the Treaty on European Union and based in that Member State. Article 9(3) sets up the necessary jurisdiction for the application of the principle “aut dedere aut iudicare”, which obliges Member States to be able to prosecute terrorist offences in cases where they refuse to extradite the suspect or the convicted person. Finally, the introduction of extended jurisdictional rules also obliged to introduce criteria to solve positive conflicts of jurisdiction that might appear between Member States. Article 9(2) establishes a list of factors that must be sequentially taken into account to this end.

In comparison to the rules laid down in the Framework Decision 2002/475/JHA, it is proposed to establish jurisdiction for the offence of providing training for terrorism as defined in Article 7 of the proposed Directive. This special provision is necessary to ensure that the offence can be effectively prosecuted as regards those (typically) non-EU nationals that are providing training for terrorist purposes. In the absence of this special provision, the (typically EU national/resident) trainee could be prosecuted for the newly introduced offence of receiving training for terrorism (under Article 21(1) a) or c) of the proposed Directive), but not the (typically non-EU national/resident) trainer. That would create an unwarranted loophole. It therefore appears necessary to establish jurisdiction for the offences committed by the providers of training for terrorism, whatever their nationality, in view of the possible effects of such behaviours on the territory of the Union and of the close material connexion between the offences of providing and receiving training for terrorism.

Title V: Provisions on protection support and rights of victims of terrorism

As clarified in recital 16 of the proposed Directive, the measures foreseen under this title are applicable to “victims of terrorism” in line with the definition in the Victims’ Rights Directive. The added value of incorporating this definition to this Directive lays in reminding and clarifying the status of the family members of victims who died as a result of a terrorist offence. Since the terrorist offences often result in casualties, it is crucial to clarify that the family members of victims whose death was directly caused by such offences and who suffer harm as a result of that person’s death are assimilated with direct victims and can befit from the same rights. The proposed Directive limits the victims of terrorism to those who suffered harm directly from terrorist offences listed in Article 3 of the proposed Directive. Other offences covered by this Directive, in particular offences related to a terrorist group or offences related to terrorist activities should not be covered by the definition of victim of terrorism, since they are more of a preparatory nature and do not result in direct victims.

Article 22: Protection of and assistance to victims of terrorism –

The first paragraph was already contained in Article 10(1) of Framework Decision 2002/475/JHA. It requires the Member States to ensure that investigation and prosecution of offences covered by this Directive are not dependent on a report or accusation made by the victim, at least if committed on the territory of the Member State in question.

In the European Union’s approach against terrorism particular importance has been attached to the protection of and assistance to victims. Given their specific needs it is proposed to clarify in paragraph 2 the measures that Member States should take to accommodate these needs with a view to further specify the obligation for Member States as currently laid down in Article 10(2) of the Framework Decision 2002/475/JHA to take if necessary all measures possible to ensure appropriate assistance.

The Victims’ Rights Directive applies to all victims of crime, without creating any categories of victims. However, the Victims’ Rights Directive acknowledges that certain victims have specific protection needs that should be assessed individually and that particular attention shall be paid to victims who have suffered considerable harm due, inter alia, to the severity of the crime. Victims of terrorism should be duly considered in this regard.

The Victims’ Rights Directive does not specify in detail how to accommodate the specific needs of victims of terrorism. Victims of terrorism need in particular proper support and assistance. It is therefore crucial that well-organised and professional emergency assistance is provided to victims of terrorism, immediately after an attack and for as long as necessary afterwards. Such immediate assistance is often described by surviving victims of terrorism as a "lifesaver". Moreover, since victims of terrorism are likely to suffer from Post-Traumatic Stress Disorder (PTSD) and other trauma-related harm, it is crucial to offer them a psycho-social assistance for as long as it is necessary in each individual case. The proposed provision provides for such qualified support services.

Access to information is another important element in situations following a terrorist attack with high media coverage while the confidentiality of criminal investigations has to be respected. Victims are often confused by conflicting and incomplete information. Therefore the proposed provision requires also that access to information for victims about their rights and about available assistance and support as well as information about the victims is provided.

The proposed provisions do not aim at amending the already existing EU provisions on victims’ rights, but to qualify them in a way that accommodates best the specific needs of victims of terrorism.

Article 23: Rights of victims of terrorism resident in another Member State – The terrorist attacks aim to hurt large groups of people and victims often come from or have their residences in a different country than the one of the terrorist attack. That is why the Member States shall ensure that their competent authorities can take appropriate measures to minimise the difficulties faced by such victims, particularly with regard to access to information about the victims’ rights and about accessible compensation schemes. Moreover, the Member States shall ensure that the victims of terrorism have access to a long-term emotional and psychological support and assistance in the place where they live.

Title VI: Final provisions

Article 24: Replacement of Framework Decision 2002/475/JHA on combating terrorism – This is a provision which replaces the Framework Decision 2002/475/JHA, as amended by Framework Decision 2008/919/JHA.

Article 25: Transposition - Given the urgency to implement the proposed additional offences, a short transposition time is necessary. The transposition deadline of 12 months has been set on the assumption that negotiations will be conducted swiftly.

2015/0281 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1) and Article 82(2) (c) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The European Union is founded on the universal values of human dignity, freedom, equality and solidarity, respect for human rights and fundamental freedoms. It is based on the principle of democracy and the principle of the rule of law, principles which are common to the Member States.

(2)Acts of terrorism constitute one of the most serious violations of the universal values of human dignity, freedom, equality and solidarity, enjoyment of human rights and fundamental freedoms on which the European Union is founded. It also represents one of the most serious attacks on democracy and the rule of law, principles which are common to the Member States and on which the European Union is based.

(3)Council Framework Decision 2002/475/JHA 21 is the cornerstone of the criminal justice response to counter terrorism. A legal framework common to all Member States, and in particular, a harmonised definition of terrorist offences, serves as a benchmark for information exchange and cooperation between the competent national authorities under Council Framework Decision 2006/960/JHA, 22 Council Decision 2008/615/JHA 23 and Council Decision 2005/671/JHA, 24 Regulation (EU) No 603/2013 of the European Parliament and of the Council, 25 Council Framework Decision 2002/584/JHA 26 and Council Framework Decision 2002/465/JHA. 27

(4)The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015. In addition, the European Union and its Member States face increased threats from individuals inspired or instructed by terrorist groups abroad but who remain within Europe.

(5)Taking account of the evolution of terrorist threats and legal obligations to the Union and Member States under international law, the definition of terrorist offences, including offences related to a terrorist group and offences related to terrorist activities, should be further approximated in all Member States, so that it covers more comprehensively conduct related to in particular foreign terrorist fighters and terrorist financing. These forms of behaviour should be punishable also if committed through the Internet, including social media.

(6)The offences related to terrorist activities are of a very serious nature as they have the potential to lead to the commission of terrorist offences and enable terrorists and terrorist groups to maintain and further develop their criminal activities, justifying the criminalisation of such conduct.

(7)The offenses related to public provocation to commit a terrorist offence act comprise, inter alia, the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population, provided that such behaviour causes a danger that terrorist acts may be committed.

(8)Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of facilitation of such travel should also be criminalised.

(9)Criminalisation of the receiving training for terrorism complements the existing offence of providing training and specifically addresses the threats resulting from those actively preparing for the commission of terrorist offences, including those ultimately acting alone.

(10)Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disrupting the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist financing should also be punishable.

(11)Furthermore, the provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services, assets and goods, including trade transactions involving the entry into or exit from the Union should be punishable in the Member States, as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that these operations or the proceeds thereof are intended to be used, in full or in part, for terrorist purposes or will benefit terrorist groups.

(12)The attempt to travel abroad for terrorist purposes, should be punishable, as well as the attempt to provide training and recruitment for terrorism.

(13)With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission may be inferred from objective, factual circumstances.

(14)Furthermore, penalties should be provided for natural and legal persons having committed or being liable for such offences, which reflect the seriousness of such offences.

(15)Jurisdictional rules should be established to ensure that the terrorist offence may be effectively prosecuted. In particular, it appears necessary to establish jurisdiction for the offences committed by the providers of training for terrorism, whatever their nationality, in view of the possible effects of such behaviours on the territory of the Union and of the close material connexion between the offences of providing and receiving training for terrorism.

(16)Member State should adopt specific measures of protection, support and assistance responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council 28 . Victims of terrorism are those defined in Article 1 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and counselling, and any relevant legal, practical or financial information and advice.

(17)Member States should co-operate among each-other to ensure that access to information about the victims' rights, about available support services and about accessible compensation schemes is provided to all victims of terrorism. Moreover the Member States should ensure that victims of terrorism have access to a long-term support services in the country of their residence, even if the terrorist offence took place in another EU country.

(18)Given that the objectives of this Directive cannot be sufficiently achieved by the Member States unilaterally and can therefore, because of the need for European-wide harmonised rules, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article 5, this Directive does not go beyond what is necessary in order to achieve those objectives.

(19)This Directive respects the principles recognised by Article 2 of the Treaty on the European Union, respects fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and  Directive 2004/38/EC. This Directive has to be implemented in accordance with these rights and principles.

(20)The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offence, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.

(21)The Directive should replace Framework Decision 2002/475/JHA 29  for the Member States bound by this Directive.

(22)In accordance with Article 3 of the 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 the European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Directive.

AND/OR

(23)In accordance with Articles 1 and 2 of the 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 the 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 and Ireland are not taking part in the adoption and application of this Directive and are not bound by it or subject to its application.]

(24)In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application. Framework Decision 2002/475/JHA shall continue to be binding upon and applicable to Denmark.

HAVE ADOPTED THIS DIRECTIVE:

Title I: Subject matter and definitions

Article 1
Subject matter

This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, as well as specific measures of protection of and assistance to victims of terrorism.

Article 2
Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)"funds" means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit,

(b)"legal person" means any entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations,

(c)"terrorist group" shall mean: a structured group of more than two persons, established over a period of time and acting in concert to commit terrorist offences

(d)"Structured group" shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.

Title II:
Terrorist offences and offences related to a terrorist group

Article 3
Terrorist offences

1.Each Member State shall take the necessary measures to ensure that the intentional acts referred to in paragraph 2, as defined as offences under national law, which, given their nature or context, may seriously damage a country or an international organisation are defined as terrorist offences where committed with the aim of one or more of the following:

(a)seriously intimidating a population;

(b)unduly compelling a Government or international organisation to perform or abstain from performing any act,

(c)seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

2.Intentional acts referred to in paragraph 1 are

(a)Attacks upon a persons' life which may cause death;

(b)attacks upon the physical integrity of a person;

(c)kidnapping or hostage taking;

(d)causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endanger human life or result in major economic loss;

(e)seizure of aircraft, ships or other means of public or goods transport;

(f)manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons;

(g)release of dangerous substances, or causing fires, floods or explosions the effect of which is to endanger human life;

(h)interfering with or disrupting the supply of water, power or any other fundamental natural resource the effect of which is to endanger human life;

(i)threatening to commit any of the acts listed in points (a) to (h).

Article 4
Offences relating to a terrorist group

Each Member State shall take the necessary measures to ensure that the following acts, when committed intentionally, are punishable as a criminal offence:

(a)directing a terrorist group;

(b)participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group.

Title III: Offences related to terrorist activities

Article 5
Public provocation to commit a terrorist offence

Member States shall take the necessary measures to ensure that 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 points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.

Article 6
Recruitment for terrorism

Member States shall take the necessary measures to ensure that soliciting another person to commit one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 is punishable as a criminal offence when committed intentionally.

Article 7
Providing training for terrorism

Member States shall take the necessary measures to ensure that providing 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 of or contributing to one of the offences listed in points (a) to (h) of Article 3(2), knowing that the skills provided are intended to be used for this purpose, is punishable as a criminal offence when committed intentionally.

Article 8
Receiving training for terrorism

Member States shall take the necessary measures to ensure that to receive instruction, from another person 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 of or contributing to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally.

Article 9
Travelling abroad for terrorism

Member States shall take the necessary measures to ensure that travelling to another country for the purpose of the commission of or contribution to a terrorist offence referred to in Article 3, the participation in the activities of a terrorist group referred to in Article 4 or the providing or receiving of training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.

Article 10
Organising or otherwise facilitating travelling abroad for terrorism

Member States shall take the necessary measures to ensure that any act of organisation or facilitation that assists any person in travelling abroad for the purpose of terrorism, as referred to in Article 9, knowing that the assistance thus rendered is for that purpose, is punishable as a criminal offence when committed intentionally.

Article 11
Terrorist financing

Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally.

Article 12
Aggravated theft to commit a terrorist offence

Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3 is punishable as a criminal offence when committed intentionally.

Article 13
Extortion to commit a terrorist offence

Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3 is punishable as a criminal offence when committed intentionally.

Article 14
Drawing up false administrative documents to committing a terrorist offence

Member States shall take the necessary measures to ensure that drawing up false administrative documents with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally.

Title IV: General provisions relating to terrorist offences, offences related to a terrorist group and offences related to terrorist activities

Article 15
Relationship to terrorist offences

For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.

Article 16
Aiding or abetting, inciting and attempting

1.Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8 and 11 to 14 is made punishable.

2.Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3to 14 is made punishable.

3.Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Articles 3, 6, 7, 9 and 11 to 14, with the exception of possession as provided for in point (f) of Article 3(2) and the offence referred to in point (i) of Article 3(2), is made punishable.

Article 17
Penalties for natural persons

1.Each Member State shall take the necessary measures to ensure that the offences referred to Articles 3 to 14 and 16 are punishable by effective, proportionate and dissuasive criminal penalties, which may entail extradition.

2.Each Member State shall take the necessary measures to ensure that the terrorist offences referred to in Article 3 and offences referred to in Article 16, inasmuch as they relate to terrorist offences, are punishable by custodial sentences heavier than those imposable under national law for such offences in the absence of the special intent required pursuant to Article 3, save where the sentences imposable are already the maximum possible sentences under national law.

3.Each Member State shall take the necessary measures to ensure that offences listed in Article 4 are punishable by custodial sentences, with a maximum sentence of not less than fifteen years for the offence referred to in point (a) of Article 4(a), and for the offences listed in point (b) of Article 4(b) a maximum sentence of not less than eight years. Where the terrorist offence referred to in point (i) of Article 3(2) is committed by a person directing a terrorist group as referred to in point (a) of Article 4, the maximum sentence shall not be less than eight years.

Article 18
Mitigating circumstances

Each Member State may take the necessary measures to ensure that the penalties referred to in Article 17 may be reduced if the offender:

(a)renounces terrorist activity, and

(b)provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:

(1)prevent or mitigate the effects of the offence;

(2)identify or bring to justice the other offenders;

(3)find evidence; or

(4)prevent further offences referred to in Articles 3 to 14 and 16.

Article 19
Liability of legal persons

1.Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the offences referred to in Articles 3 to 14 and 16 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on one of the following:

(c)a power of representation of the legal person;

(d)an authority to take decisions on behalf of the legal person;

(e)an authority to exercise control within the legal person.

2.Member States shall also take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 3 to 14 and 16 for the benefit of that legal person by a person under its authority.

3.Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in any of the offences referred to in Articles 3 to 14 and 16.

Article 20
Penalties for legal persons

Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 19 is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties, such as:

(a)exclusion from entitlement to public benefits or aid;

(b)temporary or permanent disqualification from the practice of commercial activities;

(c)placing under judicial supervision;

(d)a judicial winding-up order;

(e)temporary or permanent closure of establishments which have been used for committing the offence.

Article 21
Jurisdiction and prosecution

1.Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 to 14 and 16 where:

(a)the offence is committed in whole or in part in its territory;

(b)the offence is committed on board of a vessel flying its flag or an aircraft registered there;

(c)the offender is one of its nationals or residents;

(d)the offender provides training for terrorism, as referred to in Article 7, to nationals or residents;

(e)the offence is committed for the benefit of a legal person established in its territory;

(f)the offence is committed against the institutions or people of the Member State in question or against an institution, body, office or agency of the European Union and based in that Member State.

Each Member State may extend its jurisdiction if the offence is committed in the territory of a Member State.

2.When an offence falls within the jurisdiction of more than one Member State and when any of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States may have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Sequential account shall be taken of the following factors:

(a)the Member State shall be that in the territory of which the acts were committed,

(b)the Member State shall be that of which the perpetrator is a national or resident,

(c)the Member State shall be the Member State of origin of the victims,

(d)the Member State shall be that in the territory of which the perpetrator was found.

3.Each Member State shall take the necessary measures also to establish its jurisdiction over the offences referred to in Articles 3 to 14 and 16 in cases where it refuses to hand over or extradite a person suspected or convicted of such an offence to another Member State or to a third country.

4.Each Member State shall ensure that its jurisdiction covers cases in which any of the offences referred to in Articles 4 and 16 has been committed in whole or in part within its territory, wherever the terrorist group is based or pursues its criminal activities.

5.This Article shall not exclude the exercise of jurisdiction in criminal matters as laid down by a Member State in accordance with its national legislation.

TITLE V: Provisions on protection support and rights of victims of terrorism

 Article 22

Protection of and assistance to victims of terrorism

1.Member States shall ensure that investigations into, or prosecution of, offences covered by this Directive are not dependent on a report or accusation made by a victim of terrorism or other person subjected to the offence, at least if the acts were committed on the territory of the Member State.

2.Member States shall ensure that specific services to assist and support victims of terrorism are in place. Such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter, in accordance with the specific needs of each victim. The services shall be confidential, free of charge and easily accessible to all victims of terrorism. They shall include in particular:

(a)emotional and psychological support, such as trauma support and counselling;

(b)provision of advice and information on any relevant legal, practical or financial matter.

3.This Directive shall apply in addition to and without prejudice to measures laid down in Directive 2012/29/EU.

Article 23

Rights of victims of terrorism resident in another Member State

1.Member States shall ensure that their competent authorities cooperate among each other to ensure access to information for victims of terrorism who are residents of a Member State other than that one where the terrorist offence was committed. The access to information shall include in particular information about the victims' rights, available support services and accessible compensation schemes.

2.Member States shall ensure that all victims of terrorism have access to the assistance and support services as laid down in Article 22 on the territory of the Member State of their residence, even if the terrorist offence was committed in another Member State.

Title VI: Final provisions

Article 24
Replacement of Framework Decision 2002/475/JHA on combating terrorism

Framework Decision 2002/475/JHA is replaced with regard to the Member States bound by this Directive, without prejudice to the obligations of those Member States with regard to the to the date for transposition of that Framework Decision into national law.

With regards to the Member States bound by this Directive, references to Framework Decision 2002/475/JHA shall be construed as references to this Directive.

Article 25
Transposition

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months after adoption]. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 26
Reporting

1.The Commission shall, by [24 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.

2.The Commission shall, by [48 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the impact and added value of this Directive on combating terrorism. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.

Article 27
Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 28
Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at Brussels,

(1)  COM(2015) 185 final of 28 April 2015.

(2)  COM(2015) 610 final of 27 October 2015.

(3) https://www.europol.europa.eu/content/european-union-terrorism-situation-and-trend-report-2015  

(4) Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). Amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (OJ L 330, 9.12.2008, p. 31).

(5) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).

(6) For the FATF Recommendations as well as the accompanying interpretative note, please consult: http://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf  

(7) Council Document 14160/14.

(8) COM(2015) 185 final of 28.4.2015

(9) COM(2015) 610 final of 27.10.2015

(10) COM(2013) 941 final, 15.01.2014.

(11) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).

(12) Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation (OJ L 210, 06.08.2008, p. 1).

(13) Council Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.9.2005, p. 22).

(14) JOIN(2015) 2 final of 6.2.2015.

(15)  Reports from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism: COM(2004)409 final of 8 June 2004 and COM(2007) 681 final of 6 November 2007.

(16) COM(2014) 554 final 05.09.2014.

(17) Council Document 15715/2/14.

(18) Article 6 of the Charter of Fundamental Rights and Judgment of the European Court of Justice of 8 April 2014, in joined cases C-293/12 and C-594/12, paragraph 42

(19) Article 52(1) of the Charter of Fundamental Rights; judgment of the European Court of Justice of 8 April 2014, quoted above.

(20) Identical to Article 1 of Council Regulation EC No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70).

(21) Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).

(22) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).

(23) Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).

(24) Council decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.9.2005, p. 22).

(25) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).

(26) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

(27) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1).

(28) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).

(29) As amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA (OJ L 330, 9.12.2008, p. 21).