Broadening Terrorism Laws to Include New Types of Crimes

The European Commission is asking the European Council to approve a new protocol that will change the definition of “terrorist offence” in the Council of Europe Convention on the Prevention of Terrorism (Convention No. 196). The protocol will be signed by the EU on behalf of all EU Member States and will bring the Convention’s definition in line with the EU’s own Directive (EU) 2017/541 on combating terrorism.

Why the change is needed

• Terrorism is still a major threat. Between 2019 and 2023 the number of 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 list of offences in the Convention’s appendix.
• A clearer, more comprehensive definition will improve judicial cooperation, mutual legal assistance and extradition requests among all Parties to the Convention.

What the protocol does

• Replaces Article 1 of the Convention with a new definition that includes:
  – any offence listed in the treaties in the appendix;
  – or 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:
  – attacks on life or physical integrity that may cause death;
  – kidnapping;
  – serious destruction of public or private property that endangers life or causes major economic loss;
  – seizure of transport means (except aircraft and ships);
  – manufacturing, possession or use of chemical, biological, radiological or nuclear weapons;
  – release of dangerous substances or causing fires/floods that endanger life;
  – disruption of essential services such as water or power that endangers life;
  – interference with information or computer systems that causes extensive damage;
  – threatening to commit any of the above acts.
• The aims that make an act a terrorist offence are:
  – seriously intimidating a population;
  – unduly compelling a government or international organisation to act or not act;
  – seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

Legal and procedural details

• The protocol is open for signature by all Parties to the Convention.
• It will enter into force on the first day of the month after all Parties have expressed consent, or after three years if at least two‑thirds of the Parties have ratified it.
• Parties may declare provisional application, which will apply only to other Parties that have made the same declaration.
• No reservations are allowed.
• The Secretary‑General of the Council of Europe will notify all Parties of signatures, ratifications and the date of entry into force.

EU context

• 25 EU Member States have ratified Convention No. 196 as of 21 January 2026.
• The protocol is fully compatible with the EU’s Directive (EU) 2017/541 and with the EU’s ProtectEU strategy for preventing and countering 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).
• The EU will sign and ratify the protocol as an international organisation, with no budget impact on the EU.

The Council’s approval will allow the EU to adopt a modern, harmonised definition of terrorist offences that strengthens cooperation across Europe and beyond while safeguarding human rights.