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COUNCIL OF

THE EUROPEAN UNION

Brussels, 19 November 2008 





15912/08

ADD 1





JAI 654

ENFOPOL 233

ECOFIN 522

TRANS 408

RELEX 926

ECO 165

PESC 1520

COTER 84

COSDP 1054

PROCIV 180

ENER 394

ATO 109

DATAPROTECT 97

TELECOM 206



ADDENDUM TO NOTE

from :	Counter-Terrorism Coordinator

to :	COREPER/Council/European Council

Subject :	Implementation of the Strategy and Action Plan to Combat
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 25 March 2004 - State of play as of 19 November
2008.

Implementation of the legislative Instruments listed in the Declaration
on terrorism 

of the European Council of 25 March 2004 – state as of 19 November
2008

Instruments of the European Union



AT	BE	BG	CY	CZ	DE	DK	EE	ES	FI	FR	EL	HU	IE	IT	LV	LT	LU	MT	NL	PL	PT	RO	SE
SI	SK	UK

Framework Decision of 13 June 2002 on the European Arrest Warrant 

- Implementation has been completed and legislation has entered into
force in all EU Member States

Framework Decision of 13 June 2002 on Joint Investigation Teams
(deadline set by the Declaration of the European Council: June 2004)  

 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 13 June 2002 on Combating Terrorism (deadline set
by the Declaration of the European Council: June 2004)

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 26 June 2001 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 2004)

y	y	y	y	p	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y	y





AT	BE	BG	CY	CZ	DE	DK	EE	ES	FI	FR	EL	HU	IE	IT	LV	LT	LU	MT	NL	PL	PT	RO	SE
SI	SK	UK

Decision of 28 February 2002 establishing Eurojust (deadline set by the
Declaration of the European Council -  June 2004)

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 22 July 2003 on the execution of orders freezing
property or evidence (initial deadline for Member States was 2 August
2005; deadline set by the Declaration of the European Council: December
2004)

y	y	y	p	y	y	y	y	y	y	y	-	y	°	-	y	y	-	y	y	y	-	-	y	y	y	p

Framework Decision of 24 February 2005 on attacks against information
systems (2005/222/JHA)

y	y	y	-	y	y	y	-	-	y	y	-	y	-	-	-	y	y	-	y	y	-	-	y	-	-	-

Decision of 20 September 2005 on the exchange of information and
cooperation concerning terrorist offences (deadline set by the Decision:
30 June 2006)

y	y	-	-	-	y	y	-	y	-	-	-	y	°	-	y	y	-	y	-	y	y	-	y	-	-	-





AT	BE	BG	CY	CZ	DE	DK	EE	ES	FI	FR	EL	HU	IE	IT	LV	LT	LU	MT	NL	PL	PT	RO	SE
SI	SK	UK

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters
between the Member States of the European Union (deadline set by the
Declaration of the European Council: December 2004); entry into force on
23 August 2005

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 16 October 2001 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
2004); entry into force on 5 October 2005

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 30 November 2000 amending the Europol Convention: Entered
into force on 29 March 2007

Protocol of 28 November 2002 amending the Europol Convention and the
Protocol on the privileges and immunities of Europol: Entered into force
29 March 2007 

Protocol of 27 November 2003 amending the Europol Convention: Entered
into force 18 April 2007 





Instruments of the United Nations



AT	BE	BG	CY	CZ	DE	DK	EE	ES	FI	FR	EL	HU	IE	IT	LV	LT	LU	MT	NL	PL	PT	RO	SE
SI	SK	UK

Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation of 10 March 1988

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 10 March 1988

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



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 14 September 1963

Convention for the Suppression of Unlawful Seizure of Aircraft of 16
December 1970

Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation of 23 September 1971

Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents of 14
December 1973 

International Convention against the Taking of Hostages of 17 December
1979

Convention on the Physical Protection of Nuclear Material of 3 March
1980 

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 24 February 1988

Convention on the Marking of Plastic Explosives for the Purpose of 
Detection of 1 March 1991

International Convention for the Suppression of Terrorist Bombings of 15
December 1997

International Convention for the Suppression of the Financing of
Terrorism of 9 December 1999



Instruments of the Council of Europe



AT	BE	BG	CY	CZ	DE	DK	EE	ES	FI	FR	EL	HU	IE	IT	LV	LT	LU	MT	NL	PL	PT	RO	SE
SI	SK	UK

Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism 16 May 2005

s	r	s	r	-	-	-	-	-	s	-	s	r	-	s	s	-	s	r	r	r	s	r	s	s	r	-

Convention on the Prevention of Terrorism 16 May 2005

s	s	r	s	-	s	r	s	s	r	r	s	s	s	s	s	s	s	s	s	r	s	r	s	s	r	s

Convention on Cybercrime 23 November 2001

s	s	r	r	s	s	r	r	s	r	r	s	r	s	r	r	r	s	s	r	s	s	r	s	r	r	s



_________________

 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 2007 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.  

 	CZ has indicated that draft legislation to fully implement the
Framework Decision is being discussed in Parliament. 

 	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 terrorist assets are concerned. UK is making progress towards
full implementation. 

 	The Republic of Cyprus had ratified the Convention on Cybercrime,
Budapest, 23.11.2001 with Law (L.22(III)/2004). It is in a process of
amending its Law 22(III)/2004, 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 2005/671/JHA as
far as transmission of information to Eurojust is concerned. It is based
on the report issued by Eurojust and which will also be issued as
Council document (doc. 9553/08 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 2007 and is being currently discussed.

 	LU: Convention du 29 mai 2000 et Protocole du 16 décembre 2001: Un
avant-projet de loi vient d'être finalisé et est en voie de
transmission au Conseil du Gouvernement. Il complète deux autres
projets de loi qui on déjà été adoptes en vue de la transposition de
la Convention du 29 mai 2001.

	 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.

 	r = ratification (or accession or succession) s = signature (without
ratification)

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