Council of the European Union Brussels, 13 February 2020 (OR. en) 5710/20 LIMITE CATS 6 DROIPEN 6 COTER 5 NOTE From:                Presidency To:                  CATS Subject:             Ongoing reflections regarding the definition of terrorism in the Council of Europe - Information by the Presidency and by the Commission In 2017, the Council of Europe Counter-Terrorism Committee (CDCT) was given the task to examine the feasiblity of elaborating and agreeing a pan-European legal definition of terrorism. Such a definition would imply an amendment in the Council of Europe Convention on the Prevention of Terrorism (CETS No 196), to which the Union Member States and the European Union are parties. The background to the task is the observation that contemporary terrorists have moved beyond the more traditional targets and the modus operandi which are the subjects of the UN terrorism treaties, in particular by targeting random victims and making use also of vehicles, knives and other everyday utensils for the execution of terrorist attacks, as well as in the area of cyberterrorism, including attacks on electronic networks or information systems committed intentionally and with one of the terrorist aims. 5710/20                                                                   MIC/mj                    1 JAI.2              LIMITE                       EN

The outcome of the subsequent reflections are presented in the Final report of the CDCT sub 1 group (CDCT-DEF) that examined the feasibility of elaborating a definition of terrorism . The CDCT-DEF proposed to revise the current wording of Article 1 of the Convention by introducing an actual legal definition of terrorism to be read and understood in conjunction 2 with the UN counter-terrorism treaties contained in an updated Appendix . As main characteristics and elements of such a definition, the sub group proposed (1) a list of criminal acts (including their consequences) and (2) the aim (i.e. intent or mens rea) of the perpetrator. The CDCT-DEF went on to set out the elements for possible further discussion more in detail, without them in any way being considered as binding on the outcomes of future negotiations, should the CDCT decide to launch such negotiations. 3 The CDCT has decided to continue the expert examination of which legal elements should be included in a definition of terrorism at the next Plenary meeting of the CDCT, taking into account the final report of the CDCT-DEF. To this end, the CDCT invited interested delegations "to submit their written observations and suggestions on the aforesaid legal elements to the Secretariat by 31 March 2020 which together with already existing documents will serve as a basis for further deliberations" (CDCT(2019)09). In the 4th plenary meeting of the Council of Europe Committee on Counter-Terrorism (CDCT) on 20 November 2019, the chair clarified that only parties that would like to discuss further/other elements than set out in the report would need to send observations. The Presidency considers that it would now be appropriate to invite delegations to reflect on the above-mentioned invitation by the CDCT, with a view to get an indication of what positions Member States intend to express in response to it. 1      CDCT-DEF(2019)03rev. See https://rm.coe.int/0900001680981212. 2      The CDCT-DEF proposes to include the following legal instruments: The Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation; The Convention of 2010 on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing Convention); The Protocol Supplementary of 2010 to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol). 3      CDCT(2019)09. 5710/20                                                                  MIC/mj                       2 JAI.2             LIMITE                         EN

It should be underlined that the Council of Europe has at this point not made any decision to open negotiations on the issue. It would therefore in any case be premature for the Commission to recommend, or the Council to discuss, any possible future negotiation mandate under Article 218 of the Treaty on the Functioning of the European Union. 4 It is recalled that the EU in 2017 adopted Directive (EU) 2017/541 on combating terrorism , which includes a definition of, inter alia, terrorist offences. The definition of terrorist offences in the EU Directive also contains two cumulative characteristics: that of (1) certain specified serious crimes that are, (2) committed with one of three possible terrorist aims. The possible elements proposed for discussion by the CDCT are not identical to the elements provided for in Directive 2017/541, but there are certain similarities between them. In this light, delegations are invited to exchange views on the issue described above at the meeting of CATS on 24 February 2020. 4      OJ L 88, 31.3.2017, p. 6. 5710/20                                                                   MIC/mj                        3 JAI.2              LIMITE                           EN