Directive 2017/541 - Combating terrorism - Main contents
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Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2017/541 |
| Original proposal | COM(2015)625  |
| CELEX number i | 32017L0541 |
| Document | 15-03-2017; Date of signature |
|---|---|
| Publication in Official Journal | 31-03-2017; OJ L 88 p. 6-21 |
| Signature | 15-03-2017 |
| Effect | 20-04-2017; Entry into force Date pub. +20 See Art 30 |
| Deadline | 08-03-2020; See Art 29.1 08-09-2021; See Art 29.2 |
| End of validity | 31-12-9999 |
| Transposition | 08-09-2018; See Art 28.1 |
31.3.2017 |
EN |
Official Journal of the European Union |
L 88/6 |
DIRECTIVE (EU) 2017/541 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2017
on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
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) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union is founded on the universal values of human dignity, freedom, equality and 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. |
(2) |
Acts of terrorism constitute one of the most serious violations of the universal values of human dignity, freedom, equality and solidarity, and enjoyment of human rights and fundamental freedoms on which the Union is founded. They also represent 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 Union is based. |
(3) |
Council Framework Decision 2002/475/JHA (3) is the cornerstone of the Member States’ 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 (4), Council Decisions 2008/615/JHA (5) and 2005/671/JHA (6), Regulation (EU) No 603/2013 of the European Parliament and of the Council (7), and Council Framework Decisions 2002/584/JHA (8) and 2002/465/JHA (9). |
(4) |
The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as ‘foreign terrorist fighters’ travel abroad for the purpose of terrorism. Returning foreign terrorist fighters pose a heightened security threat to all Member States. Foreign terrorist fighters have been linked to recent attacks and plots in several Member States. In addition, the Union and its Member States face increased threats from individuals who are inspired or instructed by terrorist groups abroad but who remain within Europe. |
(5) |
In its Resolution 2178 (2014), the UN Security Council expressed its concern over the growing threat posed by foreign terrorist fighters and required all Member States of the UN to ensure that offences related to this phenomenon are punishable under national law. The Council of Europe has, in this respect, adopted in 2015 the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism. |
(6) |
Taking account of the evolution of terrorist threats to and legal obligations on the Union and Member States under international law, the definition of terrorist offences, of offences related to a terrorist group and of offences related to terrorist activities should be further approximated in all Member States, so that it covers conduct related to, in particular, foreign terrorist fighters and terrorist financing more comprehensively. These forms of conduct should also be punishable if committed through the internet, including social media. |
(7) |
Furthermore, the cross-border nature of terrorism requires a strong coordinated response and cooperation within and between the Member States, as well as with and among the competent Union agencies and bodies to counter terrorism, including Eurojust and Europol. To... |
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