Aiding and abetting: need to take into account the notion of intention
The original text of the directive included an article 16 too broad as it allowed considering in the scope of infractions any particular assistance, without defining the terms "aiding" and "abetting". Article 16, paragraph 1, was drafted as follows: "Each Member State shall take the necessary measures to ensure that aiding or abetting an offence referred to in Articles 3 to 8 and 11 to 14 is made punishable." Recital 11 proposed a very broad interpretation of the assistance provided or complicity, as it was enough to know that an operation would be used in whole or in part, for terrorism" to be punishable.
- Recital 11 was initially draft as follows:"Furthermore, the provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services, assets and goods, including trade transactions involving the entry into or exit from the Union should be punishable in the Member States, as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that these operations or the proceeds thereof are intended to be used, in full or in part, for terrorist purposes or will benefit terrorist groups"