Considerations on COM(2023)151 - Authorisation to negotiations on the amendment of the Council of Europe Convention on the prevention of terrorism regarding the the definition of terrorist offences

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dossier COM(2023)151 - Authorisation to negotiations on the amendment of the Council of Europe Convention on the prevention of terrorism regarding ...
document COM(2023)151
date March 22, 2023
 
(1) In 2022, the Council of Europe Committee of Ministers mandated the Council of Europe Committee on Counter-terrorism (‘CDCT’) to launch the negotiations on the revision of the legal definition of terrorist offences to be applied among the Parties to the Council of Europe Convention on the prevention of terrorism (‘Convention No. 196’).

(2) On 2 December 2022, the CDCT decided to revise the definition of terrorist offences and to launch the formal negotiations on the text of that definition at its meeting on 23-35 May 2023.

(3) The Union is a party to Convention No. 196. It has exercised its competence in this area through the adoption of Directive (EU) 2017/541 of the European Parliament and of the Council27, establishing minimum rules concerning the legal definition of criminal offences and sanctions in the area of terrorist offences and offences related to terrorist activities.

(4) The definition of terrorist offences is covered by Union law, notably by Article 3 of Directive (EU) 2017/541.The revision of the definition of terrorist offences in the Convention No. 196 may affect common rules established by Directive (EU) 2017/541 or alter its scope. Therefore, the Union has exclusive competence to participate in the negotiations.