42 Amendments of Emilian PAVEL related to 2015/0281(COD)
Amendment 72 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Considering that the internet is being used for terrorist propaganda and recruitment, Member States should take appropriate measures for flagging illegal content on the internet and facilitating the detection of such content, and cooperate with each other, with Europol and other relevant Union agencies, as well as with civil society organisations active in this field.
Amendment 85 #
Proposal for a directive
Recital 5
Recital 5
(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 approximatmust be harmonised in all Member States, so that it covers in a more comprehensively way, the conduct related to in particular, but not only, foreign terrorist fighters and terrorist financing, including virtual currencies. These forms of behaviour shouldmust be punishable also if committed through the Internet, including social media.
Amendment 102 #
Proposal for a directive
Recital 7
Recital 7
(7) The offenses related to public provocation to commit a terrorist offence act may 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. To strengthen action against public provocation to commit a terrorist offence, Member States may take measures to remove webpages publicly inciting to commit terrorist offences. Such measures should be taken after adequate control by the judicial authority, in order to guarantee their proportionality and the full respect of fundamental rights and procedural safeguards.
Amendment 107 #
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. The act of travelling should be criminalised only when the terrorist purpose of the travel is proven by objective circumstances and facilitation of such travel should also be criminalised.
Amendment 127 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the convergence between organised crime and terrorist groups, fighting against organised crime should be part of any strategy in the fight against the financing of terrorism.
Amendment 135 #
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, should be punishable, as well as the attempt to provide training and, recruitment, money and value for terrorism.
Amendment 137 #
Proposal for a directive
Recital 12
Recital 12
(12) The attempt to travel abroad for terrorist purposes, shouldMember States may punish the attempt to travel outside the Union when such a travel results, from objectives circumstances, to be punishable, as well as the attempt toequivocally directed to commit terrorist acts or receiving or provideing training and recruitment for terrorismt purposes.
Amendment 147 #
Proposal for a directive
Recital 15
Recital 15
(15) Jurisdictional rules should be established to ensure that the terrorist offence may be effectively prosecuted and convicted. 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.
Amendment 152 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure the success of investigations and prosecution of terrorist offences, offences related to a terrorist group and offences related to terrorist activities, those responsible for investigating and prosecuting such offences shall have the possibility to make use of effective investigative tools such as those used in combating organised crime and other serious crimes. Such tools should be proportionate to the nature and gravity of the offences under investigation. In order to ensure the respect of the fundamental rights and freedom and the presumption of innocence and effective procedural safeguards, the use of such investigative tools should always be subject to the control of a judicial authority, and mass surveillance should never be allowed. Every individual should dispose of effective remedies to challenge any violation of his fundamental rights.
Amendment 156 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to prevent and combat terrorism, a closer cross-border cooperation among the competent national authorities is needed with regard to timely exchange of relevant information from court records or other available sources on detainees and persons who are or have been subject to criminal proceedings or assets freezing.
Amendment 178 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Repressive measures should be complemented by long-term policies to prevent the radicalisation and recruitment by terrorist organisations. Strategies on social inclusion, education, and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations, as well as the provision of effective exit-programmes and exit-strategies, are crucial to countering terrorism.
Amendment 190 #
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and 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 interpreted and implemented in accordance with these rights and principles.
Amendment 207 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(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, and virtual currencies,
Amendment 209 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "terrorist group" shall mean: a structured group of more than twotwo or more persons, established over a period of time and acting in concert to commit terrorist offences
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Structured group" shall mean a group that have the purpose and the potential of committing various terrorist offences, 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.
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) seriously intimidating a group of people or population;
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) seriously destabilising or destroying or attempting to destabilise and/or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation.
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) attacks upon the physical and psychological integrity of a person;
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(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 nuclear, biological and chemical weapons;
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 2 – point h a (new)
Article 3 – paragraph 2 – point h a (new)
(ha) cyber-attacks such as hostile actions directed against network and information systems, which are either critical infrastructures and whose incapacitation or destruction would have a debilitating effect on security, economic security, public health or safety, or any combination thereof, or other network and information systems that are essential for the functioning of other infrastructures of the state (e.g. air, rail, or road transportation infrastructure, energy, gas, oil or water supply systems, medical services, financial and banking system, etc.)
Amendment 249 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the clear 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 substantial and imminent danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally and unlawfully.
Amendment 254 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
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 (hi) 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.
Amendment 259 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 265 #
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 (hi) of Article 3(2), or in Article 4, including the recruitment or enticement to the above mentioned terrorist offences via social media or other online environments, is punishable as a criminal offence when committed intentionally.
Amendment 268 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
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 (hi) 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.
Amendment 275 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
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 (hi) of Article 3(2) is punishable as a criminal offence when committed intentionally.
Amendment 280 #
Proposal for a directive
Article 9 – title
Article 9 – title
Travelling abroad for the purpose of terrorism
Amendment 297 #
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 and value, 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.
Amendment 312 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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 (hi) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 338 #
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. In line with Directive 2014/42/EU, Member States should provide for the freezing and confiscation of assets used to commit or resulting from the commission of the offences laid down in this directive.
Amendment 341 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 343 #
Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
Article 18 – paragraph 1 – point b – introductory part
(b) provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to:
Amendment 344 #
Proposal for a directive
Article 18 – paragraph 1 – point b – point 2
Article 18 – paragraph 1 – point b – point 2
(2) identify or bring to justice the other offenders;
Amendment 349 #
Proposal for a directive
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) temporary or permanent disqualification from the practice of commercial activities;
Amendment 350 #
Proposal for a directive
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) temporary or permanent closure of establishments which have been used for committing the offence.
Amendment 351 #
Proposal for a directive
Article 20 – paragraph 1 – point e a (new)
Article 20 – paragraph 1 – point e a (new)
(ea) freezing and confiscation of assets used for or resulting from the commission of one of the criminal offences laid down in this directive, as provided by Directive 2014/42/EU.
Amendment 354 #
Proposal for a directive
Article 21 – paragraph 1 – point f – paragraph 1
Article 21 – paragraph 1 – point f – paragraph 1
the offence is committed against the institutions or people of the Member State in question or against an institution, body, office, seizure of aircraft, ships or other means of public and goods transport or agency of the European Union and based in that Member State.
Amendment 360 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.
Amendment 376 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall ensure that investigations into, or prosecution of, and conviction 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.
Amendment 377 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States shall ensure that measures are available to protect victims of terrorism and their family members, in accordance with Directive 2012/29/EU. With this regard, in the course of criminal proceedings particular attention shall be paid to the risk of intimidation and retaliation and to the need to protect the physical and mental integrity of victims of terrorism, including during questioning and testifying.
Amendment 382 #
Proposal for a directive
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) medical, emotional and psychological support, such as trauma support and counselling;
Amendment 398 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
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. Compensation should be granted to the victims for their participation in the criminal proceedings.