16 Amendments of Timothy KIRKHOPE related to 2015/0281(COD)
Amendment 58 #
Draft legislative resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Communique of the Nuclear Security Summit, Washington, 1 April 2016
Amendment 68 #
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 the 22nd of March 2016. 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.
Amendment 87 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The threat of nuclear and radiological terrorism remains one of the greatest challenges to international security and this threat is constantly evolving. Countering the threat demands strengthened international cooperation and increased support particularly for the central role of the International Atomic Energy Agency (IAEA).
Amendment 94 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The provision of bona fide humanitarian assistance by impartial and independent humanitarian non- governmental organisations recognised by international law such as the International Committee of the Red Cross (ICRC) should not be considered as contributing to the criminal activities of a terrorist group. However, as established by the case-law of the Court of Justice of the European Union (Note 1a), the applicability of international humanitarian law to a situation of armed conflict and to acts committed in that context does not exclude the application of laws on the prevention of terrorism to such "armed conflicts". ____________________ Note 1a: Judgement of the General Court (Sixth Chamber, extended composition) of 16 October 2014, Liberation Tigers of Tamil Eelam (LTTE) v Council of the European Union. Joint cases T-208/11 and T-508/11.
Amendment 108 #
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. Member States should seek to create white lists for persons travelling for the purpose of providing humanitarian assistance.
Amendment 189 #
Proposal for a directive
Recital 19
Recital 19
(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, freedom of speech, freedom of 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 and the right to a fair trial, the outcome of which is determined on the individual circumstances of the case, 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.
Amendment 191 #
Proposal for a directive
Recital 19
Recital 19
(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, freedom of speech, freedom of 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 and the right to a fair trial, the outcome of which is determined by the individual circumstances of the case, 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, recognising that exceptions may be made on the grounds of public policy or national security. This Directive has to be implemented in accordance with these rights and principles.
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) release, or threatened release, of dangerous substances, including radiological or biological material, or causing fires, floods or explosions, the effect of which is to endanger human life or to cause widespread fear and alarm;
Amendment 243 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(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, whether these activities take place within a Member State or another country.
Amendment 252 #
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 or encourage the preparation or instigation 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.
Amendment 269 #
Proposal for a directive
Article 8 – title
Article 8 – title
Receiving and acquiring training for terrorism
Amendment 270 #
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 (h) of Article 3(2) is punishable as a criminal offence when committed intentionally. Member States shall also take the necessary measures to ensure that the 'self-study' of the same techniques and methods is also punishable as a criminal offence when the offences listed are committed intentionally.
Amendment 281 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that travelling to another country either within or outside the Union 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.
Amendment 352 #
Proposal for a directive
Article 21 – paragraph 1 – point d a (new)
Article 21 – paragraph 1 – point d a (new)
(da) The offender is a national of a Member State and who has provided training overseas to a foreign national;
Amendment 353 #
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 or agency of the European Union and based in that Member State., or where a foreign national receives training overseas with the intention of carrying out an attack within that Member State;
Amendment 427 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [124 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.