24 Amendments of Louis MICHEL related to 2015/0281(COD)
Amendment 248 #
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 (h) of Article 3(2), where such conduct, whether or not directly advocating the commission of a terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 264 #
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 or contribute to the commission of one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 271 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to wilfully receive instruction, from another person, including on obtaining knowledge or practical skills, in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, forwith the purpose of committing of orintent to commit or to contributinge 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.
Amendment 285 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that the act of travelling to another country for the purpose of the commission of or contribut, if it can be demonstrated that the intended purpose of that travel is to commit or contribute to the commission tof a terrorist offence referred to in Article 3, theo participatione in the activities of a terrorist group referred to in Article 4 or theo providinge or receiving ofe training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 288 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall strengthen the timely exchange of any available relevant information concerning persons travelling abroad for the purpose of terrorism. For that purpose, each Member state shall designate a point of contact available on a 24/7 basis. A Member state can choose to designate an already existing point of contact. This point of contact shall have the capacity to carry out communications with the point of contact of another Member State on an expedited basis;
Amendment 293 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that any person providing or collecting funds, by any means, directly or indirectly, with the intention 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 301 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
3. This offence shall apply, regardless of whether the person alleged to have committed the offence(s) is in the same country or a different country from the one in which the terrorist(s)/terrorist organisation(s) is located or the terrorist act(s) occurred or will occur.
Amendment 302 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 307 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 308 #
Proposal for a directive
Article 14 – title
Article 14 – title
Drawing up and using false administrative documents to committing a terrorist offence
Amendment 311 #
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 false administrative 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 and article 9 is punishable as a criminal offence when committed intentionally.
Amendment 355 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Each Member State shall take the measures required to establish its jurisdiction in respect of the offences referred to in Article 4 in cases where the perpetrator is present on its territory.
Amendment 356 #
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. When an offence falls within the jurisdiction of more than one Member State and when any of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States mayshall have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Sequential account shall be taken of the following factors:
Amendment 364 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 365 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Exchanges of information and cooperation concerning terrorist offences 1. Member States shall systematically flag up in the Schengen Information System any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive. 2. Member States shall systematically forward to Europol details of any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 368 #
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Amendment 369 #
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Article 21b PNR information exchanges Member States shall exchange all PNR data concerning persons who are suspected of having committed or who have been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 370 #
Proposal for a directive
Article 21 c (new)
Article 21 c (new)
Article 21c Without prejudice to their own investigations or proceedings, the competent authorities of a Member State shall, without prior request, forward to the competent authority of another Member State information obtained within the framework of their own investigations, if the disclosure of such information can assist the Member State receiving the information in initiating or carrying out investigations or proceedings. The Member State providing the information may, pursuant to its national law, impose conditions on the use of such information by the Member State receiving the information. This Member State shall be bound by those conditions;
Amendment 371 #
Proposal for a directive
Article 21 c (new)
Article 21 c (new)
Article 21c Situation at the external borders of the Schengen area Member States must guarantee their border and coast guard services access to the relevant databases, in particular the Europol Information System.
Amendment 372 #
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Article 21d Measures to combat online radicalisation and incitement to terrorism Member States must work together with the Commission and internet service providers to develop a joint European strategy to combat online radicalisation and incitement to terrorism. That strategy must be regularly updated.
Amendment 373 #
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Article 21d The convicting Member State shall timely store criminal record information on convictions handed down on its territory, including fingerprints, against a national of another Member States, in the ECRIS database. Member State shall ensure the confidentiality and integrity of criminal record information transmitted to other Member States. Where appropriate, the Commission shall make a legislative proposal to amend this paragraph and align it with the future directive amending Council framework Decision 2009/315/JHA, as regards the ECRIS, and replacing Council Decision 2009/316/JHA.
Amendment 374 #
Proposal for a directive
Article 21 e (new)
Article 21 e (new)
Article 2e Member States shall make financial investigation an automatic component of all Counter-Terrorist investigations and share relevant financial intelligence information among all relevant actors.
Amendment 428 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [24 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. and of the effectiveness of the actions that member state have taken in terms of achieving the objective of this directive. On the basis of this evaluation, the Commission shall decide on the appropriate follow-up;
Amendment 432 #
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], and every two years, submit a report to the European Parliament and to the Council, assessing the impact on fundamental rights, proportionality, the effectiveness and added value of this Directive on combating terrorism. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.