Brussels, 02/12/2015 (Agence Europe) - On Wednesday 2 December, three weeks after the attacks in Paris on 13 November in which 130 people were killed, the European Commission put forward new measures to step up the fight against terrorism. It is also proposing to strengthen firearm controls by focusing on the fight against illegal trafficking (see EUROPE 11433).
A proposal for a directive revises the 2008 framework decision on terrorism by adapting the UN resolution of September 2014 on the criminalisation of foreign combatants and the additional Council of Europe protocol on terrorism. It also takes into account the recommendations made by the OECD's Financial Action Task Force (FATF) on the funding of terrorism.
In practice, this legislative initiative seeks to adapt the criminal code in member states to the developing terrorist threat in Europe. According to Europol, 3,000 Europeans went to fight in Iraq and Syria at the end of 2014, whereas the figure now stands at 5,000.
Therefore, the proposal for a directive seeks to make travelling for terrorist purposes, both within and outside the EU, a criminal offence. It wants to ensure that the member states criminalise training or preparatory acts, such as travelling abroad for terrorist purposes, by targeting people helping prepare these trips. The draft directive establishes a number of offences like “preparatory acts such as training and travel abroad for terrorist purposes, as well as aiding or abetting, inciting and attempting terrorist acts”.
The funding, organisation and facilitation of such travel, including through logistical and material support, including the provision of firearms and explosives, shelter, means of transportation, services, assets and goods, will also be subject to criminal charges throughout the EU. The text also toughens up provisions on criminal charges for the recruitment, training for terrorist purposes and the broadcasting of terrorist propaganda, including on line.
In addition, the directive provides for common definitions of terrorist offences. In its communication, the Commission explains that this kind of offence must include an objective element, in that it is linked to a list of serious kinds of criminal conduct, and a subjective element, whereby these kinds of acts must be classified as terrorist when they are committed with a specific intention. The Commission thus provides a list of criteria such as intimidation of the population or serious destabilisation of the political, constitutional, economic and social foundations (of a country or international organisation). The intentional character is defined by attacks that lead to the death of individuals or constitute an attack on their physical integrity, such as kidnapping or hostage-taking.
It should be noted that the proposal includes lists that complete victims' rights so that they “receive immediate access to professional support services providing physical and psycho-social treatments, as well as immediate information on their rights”.
Fight against illegal import of firearms stepped up. The action plan to fight against the trafficking of firearms and the use of explosives mainly seeks to strengthen the fight against illegal imports of firearms into the EU, cooperation between national police forces, and cooperation with third countries where these weapons come from - particularly the Balkans, but also Libya, the Middle East, Turkey and Ukraine.
The Commission explains that it seeks “to better detect, investigate and seize firearms, explosives and explosives precursors to be used for criminal and terrorist purposes”.
Member states are called on to create interconnected national contact points on firearms in an effort to develop their expertise in this area. The role of the police cooperation agency, Europol, will also be enhanced with regard to online trafficking and the diversion of legal trade through its Internet Referral Unit set up in July. The Commission also suggests strengthening the EU's external borders so that these controls are “risk-based controls on goods whether arriving in commercial traffic (e.g. containers), in passenger transport (e.g. cars) or in passengers” luggage”.
On the collecting and sharing of operational information, member states are called on to make full use of existing tools to facilitate information exchange and systematically insert information on sought firearms into the Schengen Information System and Interpol's iARMS. Exchange on ballistic information should be strengthened through a dedicated platform.
On the question of cooperation with third countries, the trafficking of firearms and the use of explosives will be systematically included in the dialogues on security with third countries and key partner organisations. The Commission states that in certain cases, EU financial assistance could be envisaged for the confiscation and disabling of firearms. (Original version in French by Solenn Paulic)