15358/09 ADD 1 GdK/lwp 1 CAB

Transcription

1 . COUNCIL OF THE EUROPEAN UNION Brussels, 6 November /09 ADD JAI 77 ECOFIN 694 TRANS 45 RELEX 998 ECO 7 PESC 459 COTER FOPOL 77 COSDP 09 PROCIV 67 ER 6 ATO DATAPROTECT 67 TELECOM 0 ADDDUM TO NOTE from : EU Counter-Terrorism Coordinator to : Council / European Council Subject : EU Action Plan on combating terrorism Delegations will find enclosed an updated version of the implementation of the legislative instruments listed in the Declaration on terrorism of the European Council of 5 March 004, and subsequent major instruments identified by the United Nations. 558/09 ADD GdK/lwp

2 Implementation of the legislative Instruments listed in the Declaration on terrorism of the European Council of 5 March 004 and subsequent major instruments identified by the United Nations - state as of 6 November 009 onwards Instruments of the European Union Framework Decision of June 00 on the European Arrest Warrant - Implementation has been completed and legislation has entered into force in all EU Member States Framework Decision of June 00 on Joint Investigation Teams (deadline set by the Declaration of the European Council: June 004) y y y y y y y y y y y y y y - y y y y y y y y y y y Framework Decision of June 00 on Combating Terrorism (deadline set by the Declaration of the European Council: June 004) y y y - y y y y y y y y y y y y y y y y y y y y y p y Framework Decision of 6 June 00 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (deadline set by the Declaration of the European Council: June 004) y y y y y y y y y y y y y y y y y y y y y y y y y y y y= in case of a Framework Decision: implementation completed, legislation has entered into force; - = implementation not completed; c= implementation completed, legislation has not entered into force; p= implemented in part; in case the Commission has already submitted a report on the implementation of an instrument (by the old Member States), the report is taken account of; y= in case of a Convention or a Protocol: notified the General Secretariat of the Council that the Member State has ratified the instrument; - = no notification = Member State has informed General Secretariat of the Council that the instrument has been implemented, but legislation has not been sent to the Council Secretariat CY has informed that a new anti-terrorism law was submitted to the house of Representatives in January 007 and is being currently discussed. SK has informed that it has implemented the FD on Combating Terrorism with the exception of the provisions on liability of legal persons. Criminal liability of legal persons will be established in the framework of the new Criminal Code which is currently in preparation. 558/09 ADD GdK/lwp

3 Decision of 8 February 00 establishing Eurojust (deadline set by the Declaration of the European Council - June 004) y y - y y y y y y y y y y y y y y y y y y y y y y y y Framework Decision of July 00 on the execution of orders freezing property or evidence (initial deadline for Member States was August 005; deadline set by the Declaration of the European Council: December 004) y y y p y y y y y y y - y - y y - 4 y y y y y y y y p 5 Framework Decision of 4 February 005 on attacks against information systems (005//JHA) y y y - 6 y y y y - 7 y y - y - - y y y y y y - 8 y y y Decision of 0 September 005 on the exchange of information and cooperation concerning terrorist offences (deadline set by the Decision: 0 June 006) 0 y y - - y y y - y y - y y y y - y y - y y CY has indicated that it complies with the provisions on freezing of property whilst legislative work is ongoing so as to comply with the provisions on freezing of evidence. EL has indicated that implementation of the FD is in process. IT has indicated that the legislative work is ongoing. LU has indicated that the legislative work is ongoing. UK has indicated that it has implemented the FD on freezing orders insofar as freezing of evidence and terrorist assets are concerned. UK is making progress towards full implementation. The Republic of Cyprus had ratified the Convention on Cybercrime, Budapest,..00 with Law (L.(III)/004). It is in a process of amending its Law (III)/004, taking into consideration of the Framework Decision. ES is in process of amending its Criminal Code, the bill is currently being discussed in the Parliament. PT has indicated that the legislative work is ongoing. UK has indicated that the implementation of the FD is in process. This table deals only with implementation of Decision 005/67/JHA as far as transmission of information to Eurojust is concerned. It is based on the report issued by Eurojust (see 955/08 RESTREINT UE ). The criteria used here to determine whether or not Member States have implemented the Decision is their reply to question "Have your national authorities developed procedures to ensure selection and transmission of information to Eurojust?". Without any procedure to ensure selection and transmission of information, it is difficult to see how Member States can be considered as having implemented the Decision. CY has informed that the Decision has been included in the new anti-terrorism law. which was submitted to the House of Representatives in January 007 and is being currently discussed. 558/09 ADD GdK/lwp

4 Convention of 9 May 000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (deadline set by the Declaration of the European Council: December 004); entry into force on August 005 y y y y y y y y y y y - y - y y - y y y y y y y y y Protocol of 6 October 00 to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (deadline set by the Declaration of the European Council: December 004); entry into force on 5 October 005 y y y y y y y - y y y - y - y y - y y y y y y y y y Implementation completed in all EU Member States: - Protocol of 0 November 000 amending the Europol Convention: Entered into force on 9 March Protocol of 8 November 00 amending the Europol Convention and the Protocol on the privileges and immunities of Europol: Entered into force 9 March Protocol of 7 November 00 amending the Europol Convention: Entered into force 8 April 007 LU: Convention du 9 mai 000 et Protocole du 6 décembre 00: Un projet de loi a été déposé en date du 0 mars 009 à la Chambre des députés. Il complète deux lois qui ont déjà été adoptées en vue de la transposition de la Convention du 9 mai 00 (sur les équipes communes d enquête, les enquêtes discrètes et les livraisons surveillées) 558/09 ADD GdK/lwp 4

5 Instruments of the United Nations Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation of 0 March 988 r r r r r r r r r r r r r r r r r - r r r r r r r r r Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 0 March 988 r r r r r r r r r r r r r r r r r - r r r r r r r r r International Convention for the Suppression of Acts of Nuclear Terrorism of April 005 r r s r r r r s r r s s r s s r r r s s s s r s s r r Amendment to the Convention on the Physical Protection of Nuclear Material of 8 July 005 r - r r r r r r - r - r - - The following instruments of the United Nations have been ratified by all EU Member States: - Convention on Offences and Certain Other Acts Committed on Board Aircraft of 4 September 96 - Convention for the Suppression of Unlawful Seizure of Aircraft of 6 December Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of September 97 - Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of 4 December 97 - International Convention against the Taking of Hostages of 7 December Convention on the Physical Protection of Nuclear Material of March Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 4 February Convention on the Marking of Plastic Explosives for the Purpose of Detection of March 99 - International Convention for the Suppression of Terrorist Bombings of 5 December International Convention for the Suppression of the Financing of Terrorism of 9 December 999 r = ratification (or accession or succession) s = signature (without ratification) LU has indicated that it is currently drafting legislation to ratify the Convention. LU has indicated that it is currently drafting legislation to ratify the Protocol. 558/09 ADD GdK/lwp 5

6 Instruments of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism 6 May 005 s r s r s s - s r - s s - s r r r s r s s r - Convention on the Prevention of Terrorism 6 May 005 s s r r - s r r r r r s s s s r s s s s r s r s r 4 r s Convention on Cybercrime November 00 s s r r s r r r s r r s r s r r r s s r s s r s r r s 4 r = ratification (or accession or succession) s = signature (without ratification) EE has indicated that the legislative work is ongoing. SI has indicated that a ratification procedure is underway, currently in the final stage of inter-governmental consultation Ratification Act published in Official Journal of Republic of Slovenia 84/009 of 7 October /09 ADD GdK/lwp 6