Decision 2005/671 - Exchange of information and cooperation concerning terrorist offences - Main contents
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official title
Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2005/671 |
| Original proposal | COM(2004)221  |
| CELEX number i | 32005D0671 |
| Document | 20-09-2005 |
|---|---|
| Publication in Official Journal | 29-09-2005; Special edition in Bulgarian: Chapter 19 Volume 007,Special edition in Croatian: Chapter 19 Volume 016,Special edition in Romanian: Chapter 19 Volume 007,OJ L 168M , 21.6.2006,OJ L 253, 29.9.2005 |
| Effect | 30-09-2005; Takes effect Date pub. + 1 See Art 8 |
| Deadline | 30-06-2006; See Art 6 |
| End of validity | 31-12-9999 |
29.9.2005 |
EN |
Official Journal of the European Union |
L 253/22 |
COUNCIL DECISION 2005/671/JHA
of 20 September 2005
on the exchange of information and cooperation concerning terrorist offences
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 29, 30(1), 31 and 34(2)(c) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) |
At its extraordinary meeting on 21 September 2001, the European Council stated that terrorism was a real challenge to the world and to Europe and that the fight against terrorism would be a priority objective of the European Union. |
(2) |
On 19 October 2001 the European Council stated that it was determined to combat terrorism in every form throughout the world and that it would continue its efforts to strengthen the coalition of the international community to combat terrorism in every shape and form, for example by increased cooperation between the operational services responsible for combating terrorism: Europol, Eurojust, the intelligence services, police forces and judicial authorities. |
(3) |
It is essential in the fight against terrorism for the relevant services to have the fullest and most up-to-date information possible in their respective fields. The Member States’ specialised national services, the judicial authorities and relevant bodies of the European Union such as Europol and Eurojust absolutely need information if they are to perform their tasks. |
(4) |
Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP (2) is a major step forward. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for ever greater exchanges of information. The scope of information exchanges must be extended to all stages of criminal proceedings, including convictions, and to all persons, groups or entities investigated, prosecuted or convicted for terrorist offences. |
(5) |
Since the objectives of this decision cannot be sufficiently achieved by the Member States acting alone and can therefore, given the need for reciprocity, be better achieved at Community level, the Community may adopt measures, act in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
(6) |
In the execution of the exchange of information, this Decision is without prejudice to essential national security interests, and it should not jeopardise the safety of individuals or the success of a current investigation or specific intelligence activities in the field of State security. |
(7) |
This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, |
HAS DECIDED AS FOLLOWS:
Article 1
Definitions
For the purposes of this Decision, the following definitions shall apply:
(a) |
‘terrorist offences’: the offences specified in Articles 1, 2 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (3); |
(b) |
‘Europol Convention’: the Convention of 26 July 1995 on the establishment of a European Police Office (4); |
(c) |
‘Eurojust Decision’: Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (5); |
(d) |
‘group or entity’: ‘terrorist groups’ within the... |
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