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 attacks carried out on European soil since 2014 called for further EU action.

Framework Decision 2002/475/JHA already criminalised certain terrorist acts. However, it did not explicitly require the criminalisation of travelling for the purpose of terrorism, nor did it explicitly require the criminalisation of being trained for terrorist purposes referred to in the UN Security Council Resolution 2178(2014) and required by the Additional Protocol to the Council of Europe Convention on the prevention of terrorism of May 2015. Furthermore, the Framework Decision 2002/475/JHA only required criminalisation of terrorist financing to the extent that funding is provided to a terrorist group but not e.g. if provided to all offences related to terrorist activities, including recruitment, training or travelling abroad for terrorism. The Directive corrects these shortcomings.

In addition, and in line with the necessity to capture different forms of support to terrorist activities including trade transactions and import and export of goods destined to support the commission of terrorist offences, the Directive contains a clarification that any such material support would be covered by the provisions of the Directive. The Directive also improves existing provisions on aiding and abetting, inciting and attempting, as well as rules on jurisdiction, ensuring consistency and effective application of the relevant provisions and avoiding loopholes.

Finally, the Directive includes additional provisions governing specific support measures to victims of terrorism.

Article 83(1) TFEU is the legal basis used for this Directive, which would replace Framework Decision 2002/475/JHA and amend Council Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences.

Given the urgent need to improve the EU framework to increase security in the light of recent terrorist attacks, the proposal was presented without an impact assessment.