EU Ministers agreed to establish a new criminal offense, “illegally accessing an information system,” which would include incarceration for “serious cases.” The text of this new policy is buried on page 19 of this 27 page document (PDF), under the heading “Attacks Against Information Systems.” See also this related article in today’s New York Times, Europe Hacker Laws Could Make Protest a Crime.
See also a recent press release: European Commission proposes creation of Network Security Agency to boost Cyber Security in Europe.