New Protocol to Define and Fight Terrorism Across Borders

Summary

The European Commission is asking the European Council to give it permission to sign, on behalf of the EU, a new Protocol that amends the Council of Europe Convention on the Prevention of Terrorism. The Protocol was negotiated between 23 May 2023 and 14 November 2024 and was adopted by the Council of Europe in July 2025. It will be opened for signature on 26 May 2026 in Strasbourg.

Why the Protocol is needed

• Terrorism remains a major threat to democracy and the rule of law.
• Between 2019 and 2023 the number of terrorist incidents in the EU more than doubled (from 57 to 120) before falling to 58 in 2024.
• Modern terrorists use new tactics that are not covered by the old definition of “terrorist offences” in the Convention.
• The EU’s own Directive (EU) 2017/541 on combating terrorism already contains a clearer definition of terrorist offences.
• A common, up‑to‑date definition will improve judicial cooperation, mutual legal assistance and extradition among all Parties to the Convention.

What the Protocol changes

• Replaces Article 1 of the Convention with a new definition of “terrorist offence”.
• A terrorist offence is either:

1. an offence listed in the treaties in the Convention’s appendix (e.g., unlawful seizure of aircraft, hostage‑taking, bombings, financing of terrorism, etc.); or
2. any of the following acts that are criminal under national law, are committed intentionally, and are carried out with one of the aims listed below:

• a. attacks that may cause death;
• b. attacks that harm a person’s physical integrity;
• c. kidnapping;
• d. extensive destruction of public or private property that endangers life or causes major economic loss;
• e. seizure of transport means other than aircraft and ships;
• f. manufacturing, possessing, transporting or using weapons (including chemical, biological, radiological or nuclear weapons) or researching such weapons;
• g. releasing dangerous substances or causing fires/floods that endanger life;
• h. disrupting the supply of water, power or other essential resources that endanger life;
• i. interfering with information or computer systems to cause extensive damage;
• j. threatening to commit any of the above acts.
• The aims that make an act a terrorist offence are:
• a. seriously intimidating a population;
• b. unduly compelling a government or international organisation to act or not act;
• c. seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

Entry into force

• The Protocol will enter into force one month after all Parties to the Convention have expressed consent, provided that at least two‑thirds of the Parties have ratified it.
• If this does not happen, it will enter into force after three years for those Parties that have consented, again if two‑thirds of the Parties have ratified.
• Parties may declare provisional application, which will apply only to other Parties that have made the same declaration.

Legal and policy context

• The EU has already ratified the Convention (and its Additional Protocol) in 2018; 25 EU Member States have ratified the Convention as of 21 January 2026.
• The Protocol is fully compatible with the EU’s Directive (EU) 2017/541 and with EU law on counter‑terrorism.
• It respects human rights and fundamental freedoms, in line with the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No 5) and international humanitarian law.
• The EU will sign the Protocol on behalf of the Union, but Member States may also sign alongside the EU.

Conclusion

Signing the Protocol will give the EU a modern, harmonised definition of terrorist offences that matches EU law, strengthens cross‑border cooperation, and ensures that counter‑terrorism measures respect human rights. The Council’s approval will allow the EU to sign the Protocol and help bring it into force across Europe.