15 Amendments of Michał BONI related to 2015/0281(COD)
Amendment 63 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The UN Security Council Resolution (UNSCR) 2178 (2014) on threats to international peace and security caused by terrorist acts adopted on 24 September 2014 sets out a set of measures to combat the phenomenon of the Foreign Terrorist Fighters and requires to establish in the national laws of the Member States of the UN penalisation as serious criminal offences: travel or attempted travel to a third country with the purpose of contributing to the commission of terrorist acts or to providing or receiving of training; the funding of such travel and the organisation or facilitation of such travel.
Amendment 65 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) An Additional Protocol to the Council of Europe Convention on the prevention of terrorism adopted in May 2015 introduced a requirement of criminalisation of 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 and organising and facilitating such travels. The Union signed the Additional Protocol as well as the Convention on 22 October 2015.
Amendment 70 #
Proposal for a directive
Recital 4
Recital 4
(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 and in Brussels on 22 March 2016. In addition, the European Union and its Member States face increased threats from individuals residing in the EU but inspired or instructed by terrorist groups from abroad but who remain within Europe, or by returning foreign terrorist fighters.
Amendment 111 #
Proposal for a directive
Recital 8
Recital 8
(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. Introduced rules and regulations in that matter should respect human rights obligation and should exclude any form of discrimination, as well as respect the principle of proportionality.
Amendment 138 #
Proposal for a directive
Recital 13
Recital 13
(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 mayshould be inferred from objective, factual circumstances.
Amendment 165 #
Proposal for a directive
Recital 16
Recital 16
(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 Council28 . 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 or adequate aid. __________________ 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).
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) unduly compellingsing violence or the threat of violence to compel or seek to compel a Government or international organisation to perform or abstain from performing any act,
Amendment 263 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
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 by any means, including Internet, is punishable as a criminal offence when committed intentionally.
Amendment 300 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
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. Such funds and means should be subject to confiscation and freezing of assets legislation.
Amendment 310 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that drawing up and using of false administrative documents, with special attention to the travel 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.
Amendment 331 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14, which may be inferred from objective, factual circumstances, is made punishable.
Amendment 358 #
Proposal for a directive
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
5a. Member States shall ensure cooperation and information sharing with the Member State that established its jurisdiction over the offences referred to in Articles 3 to 14 and 16 through established channels, including the Union agencies.
Amendment 410 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Fundamental rights and non- discrimination 1. This Directive shall be implemented without prejudice to and in respect with fundamental rights and freedoms as enshrined in the Charter of the Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union. 2. This Directive shall be implemented with respect to principle of proportionality and shall exclude any form of arbitrariness and discrimination.
Amendment 415 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Cooperation and information exchange 1. Member States shall ensure introducing an obligation to cooperate and to exchange information with other Member States regarding the offences referred to in Articles 3 to 14 and Article 16. 2. Member State shall ensure introducing an obligation to cooperate with and to transmit information regarding the offences referred to in Articles 3 to 14 and Article 16 relevant for other Member States via the Union agencies, i.e. Europol and Eurojust, recognizing their leading role in the coordination process.
Amendment 434 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
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 and its impact on fundamental rights and freedoms. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.