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Directive (EU) 2017/541 of the European Parliament and of the CouncilShow full title

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA

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Article 22Amendments to Decision 2005/671/JHA

Decision 2005/671/JHA is amended as follows:

(1)

in Article 1, point (a) is replaced by the following:

‘(a)

“terrorist offences”: the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council(1);

(2)

Article 2 is amended as follows:

(a)

paragraph 6 is replaced by the following:

6.Each Member State shall take the necessary measures to ensure that relevant information gathered by its competent authorities in the framework of criminal proceedings in connection with terrorist offences is made accessible as soon as possible to the competent authorities of another Member State where the information could be used in the prevention, detection, investigation or prosecution of terrorist offences as referred to in Directive (EU) 2017/541, in that Member State, either upon request or spontaneously, and in accordance with national law and relevant international legal instruments.;

(b)

the following paragraphs are added:

7.Paragraph 6 is not applicable where the sharing of information would jeopardise current investigations or the safety of an individual, nor when it would be contrary to essential interests of the security of the Member State concerned.

8.Member States shall take the necessary measures to ensure that their competent authorities take, upon receiving the information referred to in paragraph 6, timely measures in accordance with national law, as appropriate..

(1)

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).’;

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