European Union: Council Framework Decision on
Combating Terrorism 2002
Fight against terrorism
1) OBJECTIVE
The approximation of the laws of the Member States by establishing minimum rules relating to the
constituent elements and penalties in the field of terrorist offences.
2) ACT
Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism [Official
Journal L 164 of 22 June 2002].
3) SUMMARY
The issue of terrorist offences was raised at the Tampere European Council in 1999 and again at the
Santa Maria da Feira European Council in June 2000. Terrorism is one of the most serious violations of
fundamental freedoms, human rights and of the principles of liberty and democracy. Faced with this
problem, the Member States must take the necessary steps to bring about a genuine area of freedom,
security and justice.
In recent years, a number of measures against terrorism have been introduced in legislation adopted by
the Member States, such as:
the Europol Convention supplemented by the Council decision of 3 December 1998;
Joint Action 96/610/JHA on the creation of a Directory of specialised counter-terrorist skills ;
Joint Action 98/428/JHA on the creation of a European Judicial Network ;
Joint Action 98/733/JHA on making it a criminal offence to participate in a criminal organisation ;
the Council recommendation on combating the financing of terrorism .
The framework decision is applicable to any terrorist offence:
committed or prepared with intent in a Member State;
which may seriously damage a country or an international organisation.
These offences must be committed with the aim of intimidating people and seriously altering or destroying
the political, economic, or social structures of a country (murder, bodily injuries, hostage taking, extortion,
the fabrication of weapons, committing attacks, threatening to commit any of the above, etc.). The above
offences may be committed by one or more individuals against one or more countries.
This Framework Decision defines a terrorist group as a structured organisation consisting of more than
two persons, established over a period of time and acting in concert. Moreover, instigating, aiding,
abetting and attempting to commit terrorist offences will also be punishable.
To punish terrorist offences, Member States must make provision in their national legislation for:
effective, proportionate and dissuasive criminal penalties, which may entail extradition;
mitigating circumstances (collaborating with the police and judicial authorities, finding evidence or
identifying the other offenders).
In addition, penalties will be applied against legal persons where it is shown that the natural person has a
power to represent the legal person or authority to exercise control within the legal person.
The Member States undertake to take the necessary action to:
establish their jurisdiction with regard to terrorist offences;
establish their jurisdiction if they do not, under their own law, extradite their own nationals;
coordinate their action and determine which of them is to prosecute the offenders with the aim of
centralising proceedings in a single Member State where several states are involved.
They will also take all measures possible to ensure appropriate assistance for victims and their families
(in addition to the measures already provided for in Framework Decision 2001/220/JHA).
Member States shall take the necessary measures to comply with this Framework Decision. They shall
then notify the General Secretariat of the Council and the Commission thereof so that the Commission
can prepare a report. The Council will assess whether the Member States have adopted all the necessary
measures to comply with this Framework Decision; this must be done by 31 December 2003.
This Framework Decision applies to Gibraltar.
Deadline for
Date
Act implementation in the
of entry into force
Member States
Framework Decision
2002/475/JHA
22.06.2002 31.12.2002
4) IMPLEMENTING MEASURES
5) FOLLOW-UP WORK