Combating the sexual abuse and sexual exploitation of children and child sexual abuse material. Recast

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a directive · Recital 9 a (new)
   Amendment

   (9a) Children are increasingly active online from a young age, and the available evidence indicates that boys and girls appear to be vulnerable in different ways. While girls are disproportionately vulnerable to cyber violence, including online harassment, sexual extortion, sexual harm, and exploitation, boys are more likely to experience financial sexual coercion and are less attuned to online risks compared to girls. Studies show that one in 10 women has faced gender-based cyber violence since age 15, and 58 % of girls report online harassment. LGBTIQ+ children face even higher risks. Non-consensual image distribution and the trading of child sexual abuse materials further reinforce harmfu…

   Excerpt — full text in the official PDF.
   official amendment document ↗
2. Amendment 2Proposal for a directive · Recital 10
   Current text

   (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .

   Amendment

   (10) Child sexual abuse material, regardless of the method of their creation, including by using artificial intelligence, frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their intimate parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes, as well as so-called ‘instructions manuals’ intended to provid…

   Excerpt — full text in the official PDF.
   official amendment document ↗
3. Amendment 3Proposal for a directive · Recital 11
   Current text

   (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the c…

   Amendment

   (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images, pseudophotographs and videos as generated by artificial intelligence or created t…

   Excerpt — full text in the official PDF.
   official amendment document ↗
4. Amendment 4Proposal for a directive · Recital 12
   Current text

   (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

   Amendment

   (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include instructions on how to sexually abuse or exploit children, regardless of the form in which such instructions are provided. Those instructions, including in the form of manuals, provide advice on how to find, groom and abuse children and avoid being identified and prosecuted or give guidance on how to generate, distribute or acquire child sexual abuse material. Digital models or prompts enabling the creation of AI-generated child sexual abuse material should also be regarded as instructions on how to sexually abuse or exploit children and therefore fall under the defin…

   Excerpt — full text in the official PDF.
   official amendment document ↗
5. Amendment 5Proposal for a directive · Recital 12 a (new)
   Amendment

   (12a) The absence of consent forms part of the constitutive elements of some of the offences set out in this Directive. Therefore, the introduction of a definition of consent is deemed indispensable for ensuring the proper implementation of this Directive.

   official amendment document ↗
6. Amendment 6Proposal for a directive · Recital 12 b (new)
   Amendment

   (12b) The rights set out in this Directive are without prejudice to the rights of the offender. The term ‘offender’ refers to a person who has been convicted of a crime. However, for the purposes of this Directive, it also refers to a suspected or accused person before any acknowledgement of guilt or conviction, and it is without prejudice to the presumption of innocence.

   official amendment document ↗
7. Amendment 7Proposal for a directive · Recital 14
   Current text

   (14) In adopting legislation on substantive criminal law, the Union should ensure consistency of such legislation in particular with regard to the level of penalties. This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments.

   Amendment

   (14) In adopting legislation on substantive criminal law, the Union should ensure consistency of such legislation in particular with regard to the level of penalties. This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments. This Directive should ensure that technology-facilitated offences are covered by the same penalties as other offences, as the seriousness and trauma resulting from those offences is equivalent.

   official amendment document ↗
8. Amendment 8Proposal for a directive · Recital 15
   Current text

   (15) Serious forms of sexual abuse and sexual exploitation of children should be subject to effective, proportionate and dissuasive penalties. This includes, in particular, various forms of sexual abuse and sexual exploitation of children which are facilitated by the use of information and communication technology, such as the online solicitation of children for sexual purposes via social networking websites and chat rooms. The definition of child sexual abuse material should also be clarified and brought closer to that contained in international instruments. More broadly, the terminology used in this Directive should be brought into line with recognised international standards such as the T…

   Amendment

   (15) Serious forms of sexual abuse and sexual exploitation of children should be subject to effective, proportionate and dissuasive penalties. This includes, in particular, various forms of sexual abuse and sexual exploitation of children which are facilitated by the use of information and communication technology, such as the online solicitation of children for sexual purposes via social networking websites and chat rooms. The definition of child sexual abuse material should also be clarified and brought closer to that contained in international instruments. More broadly, the terminology used in this Directive should be brought into line with recognised international standards such as the T…

   Excerpt — full text in the official PDF.
   official amendment document ↗
9. Amendment 9Proposal for a directive · Recital 15 a (new)
   Amendment

   (15a) In order to achieve greater protection for children online and to reinforce preventive measures, also the intentional conduct of exposing children to pornographic content, for sexual purposes, should be criminalised.

   official amendment document ↗
10. Amendment 10Proposal for a directive · Recital 20
    Current text

    (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the…

    Amendment

    (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or inv…

    Excerpt — full text in the official PDF.
    official amendment document ↗
11. Amendment 11Proposal for a directive · Recital 20 a (new)
    Amendment

    (20a) Organisations acting in the public interest on the fight against child sexual abuse, such as the members of the INHOPE network of hotlines, have been active for years in several Member States, cooperating with law enforcement and providers to facilitate the process of removal and reporting of online child sexual abuse material. That work combats re-victimisation by limiting the spread of illegal material online, and can provide evidence to law enforcement of crimes committed. However, the legal framework in which they operate differs considerably from one Member State to another and is, in many cases, lacking in terms of the identification of the tasks that those organisations can lawf…

    Excerpt — full text in the official PDF.
    official amendment document ↗
12. Amendment 12Proposal for a directive · Recital 22
    Current text

    (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’…

    Amendment

    (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations taking place in both the real and virtual world. This increased access to children has led to th…

    Excerpt — full text in the official PDF.
    official amendment document ↗
13. Amendment 13Proposal for a directive · Recital 23
    Current text

    (23) In light of recent technological developments and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover…

    Amendment

    (23) In light of recent technological developments and, in particular, of the development of artificial intelligence, and of augmented, extended and virtual reality settings, there is an urgent need to address more effectively the solicitation of children and to carry out periodic evaluations of the legal framework: the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts, exchanges or meetings taking place in real or virtual worlds including in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomeno…

    Excerpt — full text in the official PDF.
    official amendment document ↗
14. Amendment 14Proposal for a directive · Recital 23 a (new)
    Amendment

    (23a) Artificial Intelligence systems are being used to sexually abuse children in a number of ways, including by using images of real children to create child sexual abuse material, or by using voices of real children in such material. This results in the victimisation of real children, which may include survivors of prior child sexual abuse. The use of technology also enables offenders to disguise their identity and more effectively groom and abuse children online, for example through grooming automation techniques. To tackle those phenomena, the acquisition or possession, distribution, dissemination or transmission, the creation or adaptation of such tools designed or adapted primarily fo…

    Excerpt — full text in the official PDF.
    official amendment document ↗
15. Amendment 15Proposal for a directive · Recital 24
    Current text

    (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involvin…

    Amendment

    (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involvin…

    Excerpt — full text in the official PDF.
    official amendment document ↗
16. Amendment 16Proposal for a directive · Recital 25
    Current text

    (25) Member States should provide for aggravating circumstances in their national law in accordance with the applicable rules established by their legal systems on aggravating circumstances. They should ensure that those aggravating circumstances are available for judges to consider when sentencing offenders, although there is no obligation on judges to apply those aggravating circumstances. The aggravating circumstances should not be provided for in Member States’ law when irrelevant taking into account the nature of the specific offence. The relevance of the various aggravating circumstances provided for in this Directive should be evaluated at national level for each of the offences refer…

    Amendment

    (25) Member States should provide for aggravating circumstances in their national law in accordance with the applicable rules established by their legal systems on aggravating circumstances. The age of the victim, treatments aimed at changing a person’s sexual orientation or gender identity (so-called “conversion therapy”) and the fact that the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union should be taken into account as an aggravating circumstance. They should ensure that those aggravating circumstances are available for judges to consider when sentencing offenders, although there is no obligation on…

    Excerpt — full text in the official PDF.
    official amendment document ↗
17. Amendment 17Proposal for a directive · Recital 26
    Current text

    (26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs and alcohol.

    Amendment

    (26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs, medicines and alcohol, or any substance that could compromise one’s free will. Individuals in a state of incapacity cannot give informed and voluntary consent, making any sexual act under such circumstances inherently non-consensual.

    official amendment document ↗
18. Amendment 18Proposal for a directive · Recital 31
    Current text

    (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitati…

    Amendment

    (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Due to children’s specific vulnerabilities and developmental limitations, they may not fully grasp that what occurred was abusive, especially if the abuser was a trusted adult. It may take reaching adulthood for survivors to develop the emotional maturity to recognise the abuse for what it was and to u…

    Excerpt — full text in the official PDF.
    official amendment document ↗
19. Amendment 19Proposal for a directive · Recital 34
    Current text

    (34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary o…

    Amendment

    (34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines and through the communication platforms that young people use most frequently. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing t…

    Excerpt — full text in the official PDF.
    official amendment document ↗
20. Amendment 20Proposal for a directive · Recital 34 a (new)
    Amendment

    (34a) All professionals, whether staff or contractuals, and volunteers in close contact with children should undergo mandatory training to recognise abuses and the steps to be taken to ensure the safety of a child. That training should focus on what constitutes online and offline child sexual abuse, help recognising indicators of abuse such as physical injuries, emotional distress, behavioural changes, and help identifying available reporting procedures.

    official amendment document ↗
21. Amendment 21Proposal for a directive · Recital 34 b (new)
    Amendment

    (34b) Member States should ensure that existing and new reporting mechanisms, including through information and communication technologies, are easily accessible, safe, child-appropriate, confidential, and free of charge. Third-party reporting should be offered as an option to victims to facilitate their access to justice, in particular when they fear repercussions in case they reported the crime in person or when they face other barriers to contacting the competent authorities directly. Adequate resources and staff should be made available to ensure correct support and care, and reporting mechanisms should be inserted within specialised interagency structures to combat child sexual abuse.

    official amendment document ↗
22. Amendment 22Proposal for a directive · Recital 35
    Current text

    (35) Rules on jurisdiction should be amended to ensure that sexual abusers or sexual exploiters of children from the Union face prosecution even if they commit their crimes outside the Union, in particular via so-called sex tourism. The sexual exploitation of children in travel and tourism should be understood as the sexual exploitation of children by a person or persons who travel from their usual environment to a destination abroad where they have sexual contact with children. Where the sexual exploitation of children in travel and tourism takes place outside the Union, Member States are encouraged to seek to increase, through the available national and international instruments including…

    Amendment

    (35) Rules on jurisdiction should be amended to ensure that sexual abusers or sexual exploiters of children from the Union face prosecution even if they commit their crimes outside the Union, in particular via so-called sex tourism. The sexual exploitation of children in travel or tourism should be understood as the sexual exploitation of children by a person or persons who travel from their usual environment to a destination abroad where they have sexual contact with children and partake in offences as described in this Directive. Where the sexual exploitation of children in travel or tourism takes place outside the Union, Member States are encouraged to seek to increase, through the availa…

    Excerpt — full text in the official PDF.
    official amendment document ↗
23. Amendment 23Proposal for a directive · Recital 36
    Current text

    (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims…

    Amendment

    (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims…

    Excerpt — full text in the official PDF.
    official amendment document ↗
24. Amendment 24Proposal for a directive · Recital 36 a (new)
    Amendment

    (36a) It is essential for Member States to establish multidisciplinary structures to integrate expertise from law enforcement, child protection agencies, healthcare professionals, educators and mental health specialists. Those structures should be tailored to addressing the complexities of online exploitation and should encompass swift and coordinated responses to identify, investigate and prosecute offenders while safeguarding the well-being of victims. Those structures, which should be based on the Barnahus model, should be supported by the extensive training, education and professional development of staff and should facilitate the establishment of physical support centres. They should en…

    Excerpt — full text in the official PDF.
    official amendment document ↗
25. Amendment 25Proposal for a directive · Recital 37
    Current text

    (37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals, including th…

    Amendment

    (37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims and survivors irrespective of whether they have filed a formal complaint. Survivors should be understood as a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma lin…

    Excerpt — full text in the official PDF.
    official amendment document ↗
26. Amendment 26Proposal for a directive · Recital 39
    Current text

    (39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender . The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of claiming compensation. Such legal counselling and legal representati…

    Amendment

    (39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender and any organisation liable for child sexual abuse and exploitation. The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of c…

    Excerpt — full text in the official PDF.
    official amendment document ↗
27. Amendment 27Proposal for a directive · Recital 40
    Current text

    (40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre sh…

    Amendment

    (40) The EU Centre for child protection (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. Laying down those rules and establishing the EU Centre without undue delay is of paramount importance in order to streamline and enhance the multiple efforts to prevent and combat child sexual abuse across the Union. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes…

    Excerpt — full text in the official PDF.
    official amendment document ↗
28. Amendment 28Proposal for a directive · Recital 42
    Current text

    (42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel and tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel and tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the pur…

    Amendment

    (42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel or tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel or tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpo…

    Excerpt — full text in the official PDF.
    official amendment document ↗
29. Amendment 29Proposal for a directive · Recital 43
    Current text

    (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of…

    Amendment

    (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents, volunteers, carers, teachers, educators, child protection professionals, social and foster care professionals, trainers coaches, legal professionals, family court judges, front-line police officers, healthcare professionals, religious community leaders and society at large, and research and education programmes including…

    Excerpt — full text in the official PDF.
    official amendment document ↗
30. Amendment 30Proposal for a directive · Recital 43 a (new)
    Amendment

    (43a) Member States should ensure that law enforcement authorities investigate without undue delay attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

    official amendment document ↗
31. Amendment 31Proposal for a directive · Recital 45
    Current text

    (45) Organisations acting in the public interest on the fight against child sexual abuse, such as the members of the INHOPE network of hotlines, have been active for years in several Member States, cooperating with law enforcement and providers to facilitate the process of removal and reporting of online child sexual abuse material. This work combats re-victimisation by limiting the spread of illegal material online, and can provide evidence to law enforcement of crimes committed. However, the legal framework in which they operate differs considerably from one Member State to another and is, in many cases, lacking in terms of the identification of the tasks that these organisations can lawfu…

    Amendment

    deleted

    Excerpt — full text in the official PDF.
    official amendment document ↗
32. Amendment 32Proposal for a directive · Recital 50
    Current text

    (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive,…

    Amendment

    (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional and voluntary activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of t…

    Excerpt — full text in the official PDF.
    official amendment document ↗
33. Amendment 33Proposal for a directive · Recital 52
    Current text

    (52) For information not or not yet available in ECRIS, for example information concerning offending third country nationals until the time Regulation 2019/816 of the European Parliament and of the Council20 is fully implemented, Member States should make use of other channels to provide all relevant information to employers that recruit for a post involving direct and regular contact with children. The aim of this Directive is not to harmonise rules concerning consent of the person concerned when exchanging information from the criminal registers, i.e. whether or not to require such consent. Whether the consent is required or not under national law, this Directive does not establish any new…

    Amendment

    (52) For information not or not yet available in the European Criminal Records Information System (ECRIS) ECRIS, for example information concerning offending third country nationals until the time Regulation 2019/816 of the European Parliament and of the Council20 is fully implemented, Member States should make use of other channels to provide all relevant information to employers that recruit for a post involving direct and regular contact with children. The aim of this Directive is not to harmonise rules concerning consent of the person concerned when exchanging information from the criminal registers, i.e. whether or not to require such consent. Whether the consent is required or not unde…

    Excerpt — full text in the official PDF.
    official amendment document ↗
34. Amendment 34Proposal for a directive · Article 1 – paragraph 1
    Current text

    This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof.

    Amendment

    This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including if committed by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof.

    official amendment document ↗
35. Amendment 35Proposal for a directive · Article 2 – paragraph 1 – point 2 a (new)
    Amendment

    (2 a) “consent” means any indication of agreement to a sexual activity given voluntarily and clearly, and in an informed and unambiguous manner, by a child above the age of sexual consent, as a result of that child’s free will, assessed in the context of the surrounding circumstances;

    official amendment document ↗
36. Amendment 36Proposal for a directive · Article 2 – paragraph 1 – point 3 – point a
    Current text

    (a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct;

    Amendment

    (a) any material that depicts a child engaged in real or simulated sexually explicit conduct;

    official amendment document ↗
37. Amendment 37Proposal for a directive · Article 2 – paragraph 1 – point 3 – point b
    Current text

    (b) depiction of the sexual organs of a child for primarily sexual purposes;

    Amendment

    (b) any representation, by whatever means, of the intimate parts of a child for primarily sexual purposes;

    official amendment document ↗
38. Amendment 38Proposal for a directive · Article 2 – paragraph 1 – point 3 – point c
    Current text

    (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes;

    Amendment

    (c) any material that depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the intimate parts of any person appearing to be a child, for primarily sexual purposes;

    official amendment document ↗
39. Amendment 39Proposal for a directive · Article 2 – paragraph 1 – point 3 – point d
    Current text

    (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes;

    Amendment

    (d) any realistic images, pseudophotographs, reproductions or representations of a child engaged in sexually explicit conduct or of the intimate parts of a child, for primarily sexual purposes, regardless of the method of creation or manipulation, including by using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

    official amendment document ↗
40. Amendment 40Proposal for a directive · Article 2 – paragraph 1 – point 3 – point e
    Current text

    (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;

    Amendment

    (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit any of the offences referred to in Articles 3 to 8b, including any instruction for artificial intelligence systems;

    official amendment document ↗
41. Amendment 41Proposal for a directive · Article 2 – paragraph 1 – point 4
    Current text

    (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise or consideration is made to the child or to a third party;

    Amendment

    (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration, gain, advantage, benefit or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party;

    official amendment document ↗
42. Amendment 42Proposal for a directive · Article 2 – paragraph 1 – point 5 – introductory part
    Current text

    (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience, including by means of information and communication technology, of:

    Amendment

    (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience of one or more, including by means of information and communication technology, of:

    official amendment document ↗
43. Amendment 43Proposal for a directive · Article 2 – paragraph 1 – point 5 – point a
    Current text

    (a) a child engaged in real or simulated sexually explicit conduct; or

    Amendment

    (a) a child engaged in real or simulated sexually explicit acts or conduct; or

    official amendment document ↗
44. Amendment 44Proposal for a directive · Article 2 – paragraph 1 – point 5 – point b
    Current text

    (b) the sexual organs of a child for primarily sexual purposes;

    Amendment

    (b) the intimate parts of a child for primarily sexual purposes;

    official amendment document ↗
45. Amendment 45Proposal for a directive · Article 2 – paragraph 1 – point 8
    Current text

    (8) ‘peers’ means persons who are close in age and degree of psychological and physical development or maturity.

    Amendment

    (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity.

    official amendment document ↗
46. Amendment 46Proposal for a directive · Article 3 – title
    Current text

    Offences concerning sexual abuse

    Amendment

    Offences concerning child sexual abuse

    official amendment document ↗
47. Amendment 47Proposal for a directive · Article 3 – paragraph 1
    Current text

    1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable.

    Amendment

    1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable.

    official amendment document ↗
48. Amendment 48Proposal for a directive · Article 3 – paragraph 2
    Current text

    2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

    Amendment

    2. Causing, for sexual purposes, a child who has not reached the age of sexual consent, or a child who is above the age of sexual consent and does not consent to witness sexual activities, including by exposing that child to pornographic content, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

    official amendment document ↗
49. Amendment 49Proposal for a directive · Article 3 – paragraph 3
    Current text

    3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

    Amendment

    3. Causing, for sexual purposes, a child who has not reached the age of sexual consent, or a child who is above the age of sexual consent and does not consent, to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

    official amendment document ↗
50. Amendment 50Proposal for a directive · Article 3 – paragraph 4
    Current text

    4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years.

    Amendment

    4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 10 years. The types of conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 10 years where the child is above the age of sexual consent and does not consent.

    official amendment document ↗
51. Amendment 51Proposal for a directive · Article 3 – paragraph 5 – point a
    Current text

    (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or

    Amendment

    (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 12 years; or

    official amendment document ↗
52. Amendment 52Proposal for a directive · Article 3 – paragraph 5 – point b
    Current text

    (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or

    Amendment

    (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental, intellectual, sensory or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 12 years; or

    official amendment document ↗
53. Amendment 53Proposal for a directive · Article 3 – paragraph 5 – point c
    Current text

    (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.

    Amendment

    (c) use is made of coercion, force, physical or psychological violence, blackmail or other threats shall be punishable by a maximum term of imprisonment of at least 14 years;

    official amendment document ↗
54. Amendment 54Proposal for a directive · Article 3 – paragraph 6
    Current text

    6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.

    Amendment

    6. Coercing, forcing or threatening a child into sexual activities with a third party or with themselves shall be punishable by a maximum term of imprisonment of at least 14 years.

    official amendment document ↗
55. Amendment 55Proposal for a directive · Article 3 – paragraph 7 – introductory part
    Current text

    7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 12 years:

    Amendment

    7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 16 years:

    official amendment document ↗
56. Amendment 56Proposal for a directive · Article 3 – paragraph 7 – point b a (new)
    Amendment

    (b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

    official amendment document ↗
57. Amendment 57Proposal for a directive · Article 3 – paragraph 8
    Current text

    8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years.

    Amendment

    8. The types of conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 16 years where the child is above the age of sexual consent and does not consent.

    official amendment document ↗
58. Amendment 58Proposal for a directive · Article 3 – paragraph 9 – introductory part
    Current text

    9. For the purpose of paragraph 8, Member States shall ensure that:

    Amendment

    9. For the purpose of paragraphs 2, 3, 4 and 8, Member States shall ensure that:

    official amendment document ↗
59. Amendment 59Proposal for a directive · Article 3 – paragraph 9 – point a
    Current text

    (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;

    Amendment

    (a) a non-consensual act is understood as an act which is performed without the child’s consent, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, intoxication, surprise, freezing, illness or bodily injury;

    official amendment document ↗
60. Amendment 60Proposal for a directive · Article 3 – paragraph 9 – point c
    Current text

    (c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct.

    Amendment

    (c) the absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past or present sexual conduct or by any past or present relationship with an offender.

    official amendment document ↗
61. Amendment 61Proposal for a directive · Article 4 – title
    Current text

    Offences concerning sexual exploitation

    Amendment

    Offences concerning child sexual exploitation

    official amendment document ↗
62. Amendment 62Proposal for a directive · Article 4 – paragraph 1
    Current text

    1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable.

    Amendment

    1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7a is punishable.

    official amendment document ↗
63. Amendment 63Proposal for a directive · Article 4 – paragraph 2
    Current text

    2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age.

    Amendment

    2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 6 years.

    official amendment document ↗
64. Amendment 64Proposal for a directive · Article 4 – paragraph 3
    Current text

    3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.

    Amendment

    3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 9 years.

    official amendment document ↗
65. Amendment 65Proposal for a directive · Article 4 – paragraph 4
    Current text

    4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age.

    Amendment

    4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 3 years.

    official amendment document ↗
66. Amendment 66Proposal for a directive · Article 4 – paragraph 5
    Current text

    5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.

    Amendment

    5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 12 years.

    official amendment document ↗
67. Amendment 67Proposal for a directive · Article 4 – paragraph 6
    Current text

    6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.

    Amendment

    6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 14 years.

    official amendment document ↗
68. Amendment 68Proposal for a directive · Article 4 – paragraph 7
    Current text

    7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age.

    Amendment

    7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 12 years.

    official amendment document ↗
69. Amendment 69Proposal for a directive · Article 4 – paragraph 7 a (new)
    Amendment

    7 a. Coercing or forcing a child to share material representing that child’s intimate parts without that child’s consent in order to obtain money, child sexual abuse material or any other benefit shall be punishable by a maximum term of imprisonment of at least 8 years.

    official amendment document ↗
70. Amendment 70Proposal for a directive · Article 5 – paragraph 2
    Current text

    2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

    Amendment

    2. Acquisition or possession of child sexual abuse material, including the possession of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 2 years. Acquisition or possession of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

    official amendment document ↗
71. Amendment 71Proposal for a directive · Article 5 – paragraph 3
    Current text

    3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

    Amendment

    3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

    official amendment document ↗
72. Amendment 72Proposal for a directive · Article 5 – paragraph 4
    Current text

    4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

    Amendment

    4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years. Distribution, dissemination or transmission of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

    official amendment document ↗
73. Amendment 73Proposal for a directive · Article 5 – paragraph 5
    Current text

    5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

    Amendment

    5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years.

    official amendment document ↗
74. Amendment 74Proposal for a directive · Article 5 – paragraph 6
    Current text

    6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years.

    Amendment

    6. Production of child sexual abuse material, including the production of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 8 years. Creation or adaptation of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation shall be punishable by a maximum term of imprisonment of at least 3 years.

    official amendment document ↗
75. Amendment 75Proposal for a directive · Article 5 – paragraph 7 – subparagraph 1
    Current text

    For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.

    Amendment

    For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission as referred to in paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of an organisation such as a hotline established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.

    official amendment document ↗
76. Amendment 76Proposal for a directive · Article 5 – paragraph 7 – subparagraph 2
    Current text

    These conditions may include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.

    Amendment

    These conditions shall include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.

    official amendment document ↗
77. Amendment 77Proposal for a directive · Article 5 – paragraph 8 – introductory part
    Current text

    8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow some or all of the following activities to:

    Amendment

    8. Member States shall provide a legal framework for the organisations acting acting in the public interest against child sexual abuse referred to in paragraph 7 and ensure that the authorisations received by such organisations from the competent authorities of a Member State, allow all of the following activities:

    official amendment document ↗
78. Amendment 78Proposal for a directive · Article 5 – paragraph 8 – point a
    Current text

    a. receive and analyse reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse;

    Amendment

    a. receiving and analysing reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse;

    official amendment document ↗
79. Amendment 79Proposal for a directive · Article 5 – paragraph 8 – point b
    Current text

    b. promptly notify the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;

    Amendment

    b. promptly notifying the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;

    official amendment document ↗
80. Amendment 80Proposal for a directive · Article 5 – paragraph 8 – point c
    Current text

    c. collaborate with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted

    Amendment

    c. collaborating with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted

    official amendment document ↗
81. Amendment 81Proposal for a directive · Article 5 – paragraph 8 – point d
    Current text

    d. carry out searches on publicly accessible material on hosting services to detect the dissemination of child sexual abuse material, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.

    Amendment

    d. carrying out searches on publicly accessible material on hosting services to detect the dissemination of child sexual abuse material, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.

    official amendment document ↗
82. Amendment 82Proposal for a directive · Article 5 – paragraph 8 – point d a (new)
    Amendment

    d a. cooperating directly with providers of information society services established in the Member State in which the organisations acting in the public interest against child sexual abuse are established, in notice and action mechanisms, including removal or disabling of access to content and in notifications of suspicions of criminal offences under Regulation (EU) 2022/2065 of the European Parliament and of the Council, with authorisation from the competent national law enforcement authority.

    official amendment document ↗
83. Amendment 83Proposal for a directive · Article 6 – paragraph 1 – point a
    Current text

    (a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;

    Amendment

    (a) proposing, including by means of information and communication technology, to meet a child either online or in person, for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7), Article 4 and Article 5(6), where that proposal was followed by material acts that could lead to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year; .

    official amendment document ↗
84. Amendment 84Proposal for a directive · Article 6 – paragraph 2 – subparagraph 1
    Current text

    Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .

    Amendment

    Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 1 year.

    official amendment document ↗
85. Amendment 85Proposal for a directive · Article 6 – paragraph 2 – subparagraph 2
    Current text

    The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats.

    Amendment

    The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force or threats.

    official amendment document ↗
86. Amendment 86Proposal for a directive · Article 6 – paragraph 3 – subparagraph 1
    Current text

    Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.

    Amendment

    Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and sexual exploitation is punishable by a maximum term of imprisonment of at least 3 years.

    official amendment document ↗
87. Amendment 87Proposal for a directive · Article 6 – paragraph 3 – subparagraph 2
    Current text

    The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats.

    Amendment

    The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 6 years where use is made of coercion, force or threats.

    official amendment document ↗
88. Amendment 88Proposal for a directive · Article 7 – title
    Current text

    Solicitation of sexual abuse

    Amendment

    Solicitation to commit sexual abuse or exploitation, including live streaming

    official amendment document ↗
89. Amendment 89Proposal for a directive · Article 7 – paragraph 1
    Current text

    Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.

    Amendment

    Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6), including live streaming, is punishable by a maximum term of imprisonment of at least 5 years.

    official amendment document ↗
90. Amendment 90Proposal for a directive · Article 8 – paragraph 1
    Current text

    Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.

    Amendment

    Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 10 years.

    official amendment document ↗
91. Amendment 91Proposal for a directive · Article 8 a (new)
    Amendment

    Article8a Travelling for the purpose of sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that travelling to a country other than that Member States for the purpose of committing, or contributing to the commission of, any of the offences referred to in Article 3 to 8b is punishable as a criminal act when committed intentionally.

    official amendment document ↗
92. Amendment 92Proposal for a directive · Article 8 b (new)
    Amendment

    Article8b Other offences related to sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8a; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; and (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8a.

    official amendment document ↗
93. Amendment 93Proposal for a directive · Article 9 – paragraph 1
    Current text

    1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8 is punishable.

    Amendment

    1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8b is punishable.

    official amendment document ↗
94. Amendment 94Proposal for a directive · Article 9 – paragraph 2
    Current text

    2. Member States shall take the necessary measures to ensure that an attempt to commit any of the offences referred to in Article 3(4), (5) , (6), (7) and (8), Article 4(2), (3), (5), (6) and (7), Article 5(4), (5) and (6) , Article 7 and Article 8 is punishable.

    Amendment

    2. Member States shall take the necessary measures to ensure that an attempt to commit any of the offences referred to in Article 3(4), (5) , (6), (7) and (8), Article 4(2), (3), (5), (6) and (7), Article 5(4), (5) and (6) , Article 7 and Article 8b is punishable.

    official amendment document ↗
95. Amendment 95Proposal for a directive · Article 10 – paragraph 1
    Current text

    1. It shall be within the discretion of Member States to decide whether Article 3(2) and (4) apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.

    Amendment

    1. Member States shall ensure that, in the context of Article 3(2), (4) and (7), an exemption from criminalisation is provided for consensual sexual activities between peers, provided that there is no abuse of trust or dependency between the peers.

    official amendment document ↗
96. Amendment 96Proposal for a directive · Article 10 – paragraph 2
    Current text

    2. It shall be within the discretion of Member States to decide whether Article 4(4) applies to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

    Amendment

    2. Member States shall ensure that, in the context of Article 4(4) an exemption from criminalisation is provided for performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers, in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

    official amendment document ↗
97. Amendment 97Proposal for a directive · Article 10 – paragraph 3 – subparagraph 1 – introductory part
    Current text

    It shall be within the discretion of Member States to decide whether Article 5(2), (3), (4) and (6) apply to the production, acquisition or possession of , or access to, material which exclusively involves:

    Amendment

    Member States shall ensure that, in the context of Article 5(2), (3), (4) and (6), an exemption from criminalisation is provided for the production, acquisition or possession of, or access to, material which exclusively involves:

    official amendment document ↗
98. Amendment 98Proposal for a directive · Article 10 – paragraph 3 – subparagraph 2
    Current text

    where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, in so far as the acts did not involve any abuse.

    Amendment

    where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, provided that there is no abuse of trust or dependency between the peers.

    official amendment document ↗
99. Amendment 99Proposal for a directive · Article 10 – paragraph 4
    Current text

    4. It shall be within the discretion of Member States to decide whether Article 6 applies to proposals, conversations, contacts or exchanges between peers.

    Amendment

    4. Member States shall ensure that, in the context of Article 6 an exemption from criminalisation is provided for to proposals, conversations, contacts or exchanges between peers, provided that there is no abuse of trust or dependency between the peers.

    official amendment document ↗
100. Amendment 100Proposal for a directive · Article 10 – paragraph 5 – subparagraph 1
     Current text

     For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.

     Amendment

     For the purpose of paragraphs 1 to 4 of this Article, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily and clearly and in an informed and unambiguous manner, as the result of the free will of the child assessed in the context of the surrounding circumstances, as defined in Article 2, point (2a). A child above the age of sexual consent shall not be considered to have consented where the child was unable to form free will due to the presence of the circumstances referred to Article 3(5) or due to other circumstances, including the child’s physical or mental condition, such as a state of unconsciousness, sl…

     Excerpt — full text in the official PDF.
     official amendment document ↗
101. Amendment 101Proposal for a directive · Article 10 – paragraph 5 – subparagraph 3
     Current text

     The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.

     Amendment

     The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct or by any past or present relationship with an offender.

     official amendment document ↗
102. Amendment 102Proposal for a directive · Article 10 – paragraph 6
     Current text

     6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.

     Amendment

     6. Consensual sharing of one’s intimate images, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image, video or similar material, including in a manipulated or altered version. Any subsequent sharing or dissemination, whether by the original recipient or any other party, shall require explicit, informed consent from the individual depicted. Consent can be withdrawn at any moment.

     official amendment document ↗
103. Amendment 103Proposal for a directive · Article 11 – paragraph 1 – point a
     Current text

     (a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;

     Amendment

     (a) the offence was committed against a child in any particularly vulnerable situation, such as against a child of a young age, a child with a mental, intellectual, sensory or physical disability, deprived of liberty or whose liberty is restricted, in a situation of dependence or in a state of physical or mental incapacity;

     official amendment document ↗
104. Amendment 104Proposal for a directive · Article 11 – paragraph 1 – point h a (new)
     Amendment

     (h a) the offender posed as a minor or a peer;

     official amendment document ↗
105. Amendment 105Proposal for a directive · Article 11 – paragraph 1 – point j a (new)
     Amendment

     (j a) the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union.

     official amendment document ↗
106. Amendment 106Proposal for a directive · Article 12 – paragraph 1
     Current text

     1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children.

     Amendment

     1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional and organised voluntary activities involving or facilitating direct and regular contacts with children.

     official amendment document ↗
107. Amendment 107Proposal for a directive · Article 12 – paragraph 2
     Current text

     2. Member States shall take the necessary measures to ensure that employers, when recruiting a person for professional or organised voluntary activities involving direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting staff, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activities involving direct and regular contacts…

     Amendment

     2. Member States shall take the necessary measures to ensure that employers, when recruiting a person for professional or organised voluntary activities involving direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting or contracting staff, consultants and volunteers, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activ…

     Excerpt — full text in the official PDF.
     official amendment document ↗
108. Amendment 108Proposal for a directive · Article 12 – paragraph 3
     Current text

     3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transm…

     Amendment

     3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information from the authorities to the requesting party concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions, and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For th…

     Excerpt — full text in the official PDF.
     official amendment document ↗
109. Amendment 109Proposal for a directive · Article 14 – title
     Current text

     Sanctions on legal persons

     Amendment

     Penalties for legal persons

     official amendment document ↗
110. Amendment 110Proposal for a directive · Article 14 – paragraph 1 – introductory part
     Current text

     1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 13 is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, such as:

     Amendment

     1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 13 is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties, such as:

     official amendment document ↗
111. Amendment 111Proposal for a directive · Article 14 – paragraph 1 – point f a (new)
     Amendment

     (f a) where there is a public interest, the publication of all or part of the judicial decision relating to the criminal offence committed and the penalties or measures imposed, without prejudice to rules on privacy and the protection of personal data.

     official amendment document ↗
112. Amendment 112Proposal for a directive · Article 14 – paragraph 2
     Current text

     2. Member States shall take the necessary measures to ensure that, for legal persons held liable pursuant to Article 13, offences punishable by a maximum term of imprisonment of at least 2 years for natural persons are punishable by fines whose maximum level should be not less than 1 percent of the total worldwide turnover of the legal person in the business year preceding the fining decision.

     Amendment

     2. Member States shall take the necessary measures to ensure that, for legal persons held liable pursuant to Article 13, offences punishable by a maximum term of imprisonment of at least 2 years for natural persons are punishable by fines whose maximum level should be not less than 1 percent of the total worldwide turnover of the legal person either in the business year preceding that in which the offence was committed or in the business year preceding the decision to impose the fine, or an amount corresponding to EUR 8 000 000, whichever is higher.

     official amendment document ↗
113. Amendment 113Proposal for a directive · Article 14 – paragraph 3
     Current text

     3. Member States shall take the necessary measures to ensure that, for legal persons held liable pursuant to Article 13, offences punishable by a maximum term of imprisonment of at least 3 years for natural persons are punishable by fines, whose maximum level should be not less than 5 percent of the total worldwide turnover of the legal person in the business year preceding the fining decision.

     Amendment

     3. Member States shall take the necessary measures to ensure that, for legal persons held liable pursuant to Article 13, offences punishable by a maximum term of imprisonment of at least 3 years for natural persons are punishable by fines, whose maximum level should be not less than 5 percent of the total worldwide turnover of the legal person either in the business year preceding that in which the offence was committed or in the business year preceding the decision to impose the fine, or an amount corresponding to EUR 40 000 000, whichever is higher.

     official amendment document ↗
114. Amendment 114Proposal for a directive · Article 14 – paragraph 3 a (new)
     Amendment

     3 a. Member States may establish rules for cases in which it is not possible to determine the amount of the fine on the basis of the total worldwide turnover of the legal person in the business year preceding the year in which the offence was committed or in the business year preceding the decision to impose the fine.

     official amendment document ↗
115. Amendment 115Proposal for a directive · Article 16 – title
     Current text

     Investigation and prosecution and limitation periods

     Amendment

     Investigation and prosecution

     official amendment document ↗
116. Amendment 116Proposal for a directive · Article 16 – paragraph 2 – subparagraph 1
     Current text

     Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.

     Amendment

     deleted

     official amendment document ↗
117. Amendment 117Proposal for a directive · Article 16 – paragraph 2 – subparagraph 2
     Current text

     This period of time referred to in the first subparagraph shall be: (a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment; (b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment; (c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

     Amendment

     deleted

     official amendment document ↗
118. Amendment 118Proposal for a directive · Article 16 – paragraph 2 – subparagraph 2 – point a
     Current text

     (a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

     Amendment

     deleted

     official amendment document ↗
119. Amendment 119Proposal for a directive · Article 16 – paragraph 2 – subparagraph 2 – point b
     Current text

     (b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

     Amendment

     deleted

     official amendment document ↗
120. Amendment 120Proposal for a directive · Article 16 – paragraph 2 – subparagraph 2 – point c
     Current text

     (c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

     Amendment

     deleted

     official amendment document ↗
121. Amendment 121Proposal for a directive · Article 16 – paragraph 3
     Current text

     3. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting offences referred to in Articles 3 to 9 .

     Amendment

     3. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting offences referred to in Articles 3 to 9. Where appropriate, those tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations, the use of so called 'honeypots', the interception of communications, covert surveillance including electronic surveillance and the monitoring of bank accounts or other finan…

     Excerpt — full text in the official PDF.
     official amendment document ↗
122. Amendment 122Proposal for a directive · Article 16 – paragraph 4
     Current text

     4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, these tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.

     Amendment

     4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9 have sufficient staff and expertise to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law.

     official amendment document ↗
123. Amendment 123Proposal for a directive · Article 16 a (new)
     Amendment

     Article 16a Limitation periods Member States shall take the necessary measures to ensure that no limitation period applies to the offences referred to in Article 3 to 9.

     official amendment document ↗
124. Amendment 124Proposal for a directive · Article 17 – paragraph 2
     Current text

     2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without affecting Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. __________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://da…

     Amendment

     2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services, without prejudice to Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. __________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://…

     Excerpt — full text in the official PDF.
     official amendment document ↗
125. Amendment 125Proposal for a directive · Article 17 – paragraph 3
     Current text

     3. Member States shall ensure that at least professionals working in close contact with children in the child protection, education, childcare and health care sectors are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

     Amendment

     3. Member States shall ensure that at least all professionals and volunteers working in close contact with children, including in the child protection, education, sport, childcare and health care sectors, as well as legal professionals, teachers and educators, family court judges and front-line police officers are informed and trained to recognise child sexual abuse. The professionals and volunteers referred to in the first subparagraph are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

     official amendment document ↗
126. Amendment 126Proposal for a directive · Article 17 – paragraph 4
     Current text

     4. Member States shall exempt professionals working in the health care sectors in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

     Amendment

     4. Member States shall exempt professionals active in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

     official amendment document ↗
127. Amendment 127Proposal for a directive · Article 17 – paragraph 4 a (new)
     Amendment

     4 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender-sensitive reporting mechanisms. Member States shall ensure that those reporting mechanisms are adequately resourced, including in terms of funding and staffing

     official amendment document ↗
128. Amendment 128Proposal for a directive · Article 18 – paragraph 1
     Current text

     1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

     Amendment

     1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities free of charge, safely and in an easy, confidential, and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technol…

     Excerpt — full text in the official PDF.
     official amendment document ↗
129. Amendment 129Proposal for a directive · Article 18 – paragraph 1 a (new)
     Amendment

     1a. Member States shall take the necessary measures to ensure the possibility of third-party reporting, including by making use of the reporting mechanism referred to in paragraph 1.

     official amendment document ↗
130. Amendment 130Proposal for a directive · Article 18 – paragraph 2
     Current text

     2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure reporting is not conditional upon parental consent.

     Amendment

     2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure that reporting is not conditional upon parental consent and that appropriate information about reporting procedures and support services is provided. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender-sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that those reporting mechanisms are adequately resourced, including in terms of funding and staffing

     official amendment document ↗
131. Amendment 131Proposal for a directive · Article 18 – paragraph 2 a (new)
     Amendment

     2 a. Member States shall ensure that age-appropriate multidisciplinary interagency structures are established to address child sexual abuse, including where such abuse is facilitated by means of information and communication technology. Member States shall encourage and support, including financially, other reporting mechanisms, in particular: (a) the development of dedicated helplines and hotlines, including but not limited to the ‘116 000’ number; (b) the appointment of well-being officers who are specifically trained to receive, assess and report suspicions of child sexual abuse and exploitation. Member States shall ensure that reporting systems as referred to in the second subparagraph a…

     Excerpt — full text in the official PDF.
     official amendment document ↗
132. Amendment 132Proposal for a directive · Article 18 – paragraph 3
     Current text

     3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.

     Amendment

     3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, as well as from using them for the purpose of carrying out return procedures.

     official amendment document ↗
133. Amendment 133Proposal for a directive · Article 19 – paragraph 6
     Current text

     6. Where a criminal offence referred to in Articles 3 to 9 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State is to conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Framework Decision 2009/948/JHA, be referred to Eurojust.

     Amendment

     6. Where a criminal offence referred to in Articles 3 to 9 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State is to conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Framework Decision 2009/948/JHA, be referred to Eurojust and all competent national authorities shall be informed accordingly in order to facilitate cross-border cooperation.

     official amendment document ↗
134. Amendment 134Proposal for a directive · Article 19 – paragraph 6 a (new)
     Amendment

     6 a. Member States shall, where appropriate, ensure efficient cooperation with Eurojust and Europol concerning criminal proceedings and investigations related to child sexual abuse offences and concerning the transfer of such proceedings, particularly in cases involving multiple Member States. Such cooperation shall facilitate cross-border information exchange, joint investigations, and assistance in prosecution endeavours.

     official amendment document ↗
135. Amendment 135Proposal for a directive · Article 20 – paragraph 1
     Current text

     1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.

     Amendment

     1. Member States shall ensure that child victims of the offences referred to in Articles 3 to 9 are provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child, irrespective of whether they have filed a formal complaint.

     official amendment document ↗
136. Amendment 136Proposal for a directive · Article 20 – paragraph 2 a (new)
     Amendment

     2 a. Member States shall ensure the provision of easily accessible, free of charge and comprehensive healthcare services for child victims of sexual abuse or exploitation, including sexual and reproductive healthcare.

     official amendment document ↗
137. Amendment 137Proposal for a directive · Article 21 – paragraph 1
     Current text

     1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directi…

     Amendment

     1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably provide victims of offences referred to in Articles 3 to 9 with easily accessible referral centres, that may form part of the national healthcare system, to ensure effectiv…

     Excerpt — full text in the official PDF.
     official amendment document ↗
138. Amendment 138Proposal for a directive · Article 21 – paragraph 2
     Current text

     2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.

     Amendment

     2. Member States shall ensure that accessible, child-friendly, comprehensive, specialised, coordinated, need- and age-appropriate, medical care, including access to sexual and reproductive healthcare services, emotional, psychosocial, psychological, legal and educational and administrative support is provided to victims and their families, as well as any other appropriate support tailored in particular to situations of sexual abuse, with special attention to the long-term recovery of the victims. Such support shall be available in one place, based on the “Barnahus” model.

     official amendment document ↗
139. Amendment 139Proposal for a directive · Article 21 – paragraph 2 a (new)
     Amendment

     2 a. The services referred to in paragraphs 1 and 2 shall be available free of charge, and shall be accessible every day of the week, without prejudice to those services that are provided for under the national healthcare system. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2, across the Member State.

     official amendment document ↗
140. Amendment 140Proposal for a directive · Article 21 – paragraph 3
     Current text

     3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.

     Amendment

     3. Where necessary, Member States shall ensure that children are provided with interim accommodation. Children shall, as a priority, be placed with other family members, taking into account their best interest, where necessary in temporary or permanent housing, equipped with support services.

     official amendment document ↗
141. Amendment 141Proposal for a directive · Article 21 – paragraph 4
     Current text

     4. Victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26 . __________________ 26 COM(2022) 105 of 08.03.2022.

     Amendment

     4. Member States shall ensure that victims of offences punishable under this Directive have access to the referral centres established under Article 26 of Directive […/…/EU Proposed violence against women Directive]26 . __________________ 26 COM(2022) 105 of 08.03.2022.

     official amendment document ↗
142. Amendment 142Proposal for a directive · Article 21 – paragraph 7
     Current text

     7. Child victims of any of the offences referred to in Articles 3 to 9 shall be considered as particularly vulnerable victims pursuant to Article 22(2) of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] .

     Amendment

     7. Child victims of any of the offences referred to in Articles 3 to 9 shall be considered as particularly vulnerable victims within the meaning of Article 22(2) of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] .

     official amendment document ↗
143. Amendment 143Proposal for a directive · Article 21 – paragraph 9 – introductory part
     Current text

     9. The EU Centre, once established, shall proactively support Member States’ efforts on assistance to victims by:

     Amendment

     9. Member States' efforts on assistance to victims shall be proactively supported by the EU Centre, once established by:

     official amendment document ↗
144. Amendment 144Proposal for a directive · Article 22 – title
     Current text

     Protection of child victims in criminal investigations and proceedings

     Amendment

     Protection of children in criminal investigations and proceedings

     official amendment document ↗
145. Amendment 145Proposal for a directive · Article 22 – paragraph 1
     Current text

     1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.

     Amendment

     1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family. All authorities involved in the proceedings shall be trained in child-friendly justice.

     official amendment document ↗
146. Amendment 146Proposal for a directive · Article 22 – paragraph 3 – point a
     Current text

     (a) interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities;

     Amendment

     (a) interviews with the child victim or, where applicable, with a child witness, take place without unjustified delay after the facts have been reported to the competent authorities;

     official amendment document ↗
147. Amendment 147Proposal for a directive · Article 22 – paragraph 3 – point b
     Current text

     (b) interviews with the child victim take place in premises designed or adapted for this purpose;

     Amendment

     (b) interviews with the child victim or, where applicable, with a child witness, take place in premises designed or adapted for this purpose;

     official amendment document ↗
148. Amendment 148Proposal for a directive · Article 22 – paragraph 3 – point c
     Current text

     (c) interviews with the child victim are carried out by or through professionals trained for this purpose;

     Amendment

     (c) interviews with the child victim or, where applicable, with a child witness, are carried out by or through professionals trained for this purpose;

     official amendment document ↗
149. Amendment 149Proposal for a directive · Article 22 – paragraph 3 – point d
     Current text

     (d) the same persons, if possible and where appropriate, conduct all interviews with the child victim;

     Amendment

     (d) the same persons, if possible and where appropriate, conduct all interviews with the child victim or, where applicable, with a child witness;

     official amendment document ↗
150. Amendment 150Proposal for a directive · Article 22 – paragraph 3 – point f
     Current text

     (f) the child victim may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.

     Amendment

     (f) the child victim or, where applicable, with a child witness, may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.

     official amendment document ↗
151. Amendment 151Proposal for a directive · Article 22 – paragraph 4
     Current text

     4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

     Amendment

     4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where applicable, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

     official amendment document ↗
152. Amendment 152Proposal for a directive · Article 22 – paragraph 5 – point b
     Current text

     (b) the child victim be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.

     Amendment

     (b) the child victim or, where applicable, a child witness, be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.

     official amendment document ↗
153. Amendment 153Proposal for a directive · Article 22 – paragraph 6
     Current text

     6. Member States shall take the necessary measures, where in the interest of child victims and taking into account other overriding interests, to protect the privacy, identity and image of child victims, and to prevent the public dissemination of any information that could lead to their identification.

     Amendment

     6. Member States shall take the necessary measures, where in the interest of child victims or, where applicable, a child witness, and taking into account other overriding interests, to protect the privacy, identity and image of child victims, and of a child witnesses and to prevent the public dissemination of any information that could lead to their identification.

     official amendment document ↗
154. Amendment 154Proposal for a directive · Article 22 – paragraph 7
     Current text

     7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.

     Amendment

     7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s vulnerabilities in the relevant court proceedings, including those related to the child’s age, maturity and mental and physical wellbeing. Member States shall ensure this applies to all children, including those suspected, accused of, or convicted of a crime.

     official amendment document ↗
155. Amendment 155Proposal for a directive · Article 23 – paragraph 2
     Current text

     2. In addition to their rights under Article 16a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], victims shall be allowed to request compensation in the context of criminal and civil proceedings for any damage caused to them by any of the offences punishable under this Directive, for a sufficient period of time, commensurate with the gravity of the offence, after reaching the age of majority.

     Amendment

     2. In addition to their rights under Article 16a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], victims shall be allowed to request compensation in the context of criminal and civil proceedings for any damage caused to them by any of the offences punishable under this Directive. Member States shall ensure that no limitation period applies to the victim’s right to compensation.

     official amendment document ↗
156. Amendment 156Proposal for a directive · Article 23 – paragraph 3
     Current text

     3. The period referred to in the first subparagraph shall be: (a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years; (b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years; (c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.

     Amendment

     deleted

     official amendment document ↗
157. Amendment 157Proposal for a directive · Article 23 – paragraph 3 – point a
     Current text

     (a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

     Amendment

     deleted

     official amendment document ↗
158. Amendment 158Proposal for a directive · Article 23 – paragraph 3 – point b
     Current text

     (b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;

     Amendment

     deleted

     official amendment document ↗
159. Amendment 159Proposal for a directive · Article 23 – paragraph 3 – point c
     Current text

     (c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.

     Amendment

     deleted

     official amendment document ↗
160. Amendment 160Proposal for a directive · Article 24 – paragraph 1 – introductory part
     Current text

     Member States shall establish national authorities or equivalent entities to carry out the following activities:

     Amendment

     Member States shall establish or appoint national authorities or equivalent entities to carry out the following activities:

     official amendment document ↗
161. Amendment 161Proposal for a directive · Article 24 – paragraph 2
     Current text

     In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31.

     Amendment

     In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31. In carrying out the activities listed in paragraph 1, Member States shall be supported by the EU Centre, once established.

     official amendment document ↗
162. Amendment 162Proposal for a directive · Article 25 – paragraph 1
     Current text

     Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to tackle child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.…

     Amendment

     Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to combat child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, including those operating hotlines and helplines, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonom…

     Excerpt — full text in the official PDF.
     official amendment document ↗
163. Amendment 163Proposal for a directive · Article 25 a (new)
     Amendment

     Article 25a International Cooperation Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ competent authorities, Europol, Eurojust and the EU Centre shall, within their respective competences and in the limits of their respective remit, cooperate with competent authorities of third countries in the fight against the criminal offences referred to in Articles 3 to 8b.

     official amendment document ↗
164. Amendment 164Proposal for a directive · Article 26
     Current text

     Article 26 Measures against advertising abuse opportunities and the sexual abuse and sexual exploitation of children in travel and tourism Member States shall take appropriate measures to prevent or prohibit: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8 ; and (b) the organisation for others, whether or not for commercial purposes, of travel arrangements with the purpose of committing any of the offences referred to in Articles 3 , 4 and 5.

     Amendment

     deleted

     official amendment document ↗
165. Amendment 165Proposal for a directive · Article 27 – paragraph 1
     Current text

     1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.

     Amendment

     1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have easy and anonymous access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed as well as to accessible, easy-to-use, safe and readily available channels such as helplines and online chats, operated by appropriately trained personnel. Member States shall take the necessary measures to ensure that resources and support groups are available for persons who fear that their family member might commit any of the offences referred to in Articles 3 to 9.

     official amendment document ↗
166. Amendment 166Proposal for a directive · Article 27 – paragraph 2
     Current text

     2. Member States shall ensure that the programmes or measures referred to in paragraph 1 are accessible without undue restrictions in line with national standards concerning healthcare.

     Amendment

     2. Member States shall ensure that the programmes or measures referred to in paragraph 1 are accessible without undue restrictions in line with national standards concerning healthcare, and that programmes are properly and continuously resourced.

     official amendment document ↗
167. Amendment 167Proposal for a directive · Article 28 – paragraph 1
     Current text

     1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .

     Amendment

     1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures. Member States shall develop a communication strategy, national action plans, and promote dialogue and cooperation with civil society organisations, hotlines, helplines, public authorities and relevant informations society services…

     Excerpt — full text in the official PDF.
     official amendment document ↗
168. Amendment 168Proposal for a directive · Article 28 – paragraph 1 a (new)
     Amendment

     1 a. The measures referred to in paragraph 1 shall also aim to increase knowledge of the fact that non-consensual sex is a criminal offence and to promote the understanding that consent must be given voluntarily as a result of a person’s free will, mutual respect, and the right to sexual integrity and bodily autonomy. Such measures shall be adapted to the evolving capacity of the persons to whom they are addressed.

     official amendment document ↗
169. Amendment 169Proposal for a directive · Article 28 – paragraph 2
     Current text

     2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.

     Amendment

     2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material, including on digital literacy, on age-appropriate sexual education focusing on the notion of consent, on safe online and offline practices, as well as on the proper use of the internet and new technologies, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.

     official amendment document ↗
170. Amendment 170Proposal for a directive · Article 28 – paragraph 3
     Current text

     3. Member States shall promote regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

     Amendment

     3. Member States shall ensure regular and specialised training , including in child friendly justice is promoted or offered to professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including, but not limited to, child protection professionals, legal professionals, teachers staff in child care, healthcare professionals, educators, volunteers and coaches, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse or potential abuse or sexual exploitation, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

     official amendment document ↗
171. Amendment 171Proposal for a directive · Article 28 – paragraph 4 – subparagraph 1
     Current text

     Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.

     Amendment

     Member States shall take appropriate measures to ensure the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, day care, sports clubs or religious communities by equipping children and adults, including parents and educators, with adequate skills for detecting potential malicious behaviour. The measure shall include:

     official amendment document ↗
172. Amendment 172Proposal for a directive · Article 28 – paragraph 4 – subparagraph 2 – point a
     Current text

     (a) dedicated training and awareness raising activities for staff working in such settings;

     Amendment

     (a) dedicated training and awareness raising activities for staff, consultants and volunteers working in close contact with children, including on how to prevent, identify and provide an age-appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

     official amendment document ↗
173. Amendment 173Proposal for a directive · Article 28 – paragraph 4 – subparagraph 2 – point b
     Current text

     (b) dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

     Amendment

     (b) mandatory child safeguarding policies, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

     official amendment document ↗
174. Amendment 174Proposal for a directive · Article 28 – paragraph 4 – subparagraph 2 – point c
     Current text

     (c) the creation of safe spaces, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.

     Amendment

     (c) the creation of safe and accessible spaces, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.

     official amendment document ↗
175. Amendment 175Proposal for a directive · Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
     Amendment

     (c a) the creation of helplines, online chats or other readily available channels run by appropriately trained personnel, where children can obtain information and advice regarding the offences referred to in Articles 3 to 8b.

     official amendment document ↗
176. Amendment 176Proposal for a directive · Article 28 – paragraph 4 – subparagraph 3
     Current text

     Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.

     Amendment

     Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental, intellectual, sensory or physical disabilities.

     official amendment document ↗
177. Amendment 177Proposal for a directive · Article 28 – paragraph 5 – introductory part
     Current text

     5. The EU Centre, once established, shall proactively support Member States’ prevention efforts by:

     Amendment

     5. For the purpose of this Directive, Member States shall be proactively supported by the EU Centre, once established by:

     official amendment document ↗
178. Amendment 178Proposal for a directive · Article 28 – paragraph 5 – point c
     Current text

     (c) facilitating the exchange of best practices among Member States and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.

     Amendment

     (c) facilitating the generation and exchange of knowledge, guidelines for front-line professionals, best practices and expertise among Member States, Union institutions, bodies, offices and agencies and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.

     official amendment document ↗
179. Amendment 179Proposal for a directive · Article 28 – paragraph 5 – point c a (new)
     Amendment

     (c a) supporting the development of national awareness-raising and prevention campaigns, educational and intervention programmes, tools and materials.

     official amendment document ↗
180. Amendment 180Proposal for a directive · Article 28 – paragraph 5 a (new)
     Amendment

     5 a. Member States shall ensure that the actions listed in paragraph 5 are evidence-based and that those actions take into account the evolving manifestations of the offences listed in the Directive, including online.

     official amendment document ↗
181. Amendment 181Proposal for a directive · Article 29 – paragraph 5 – point b
     Current text

     (b) consent to their participation in the programmes or measures with full knowledge of the facts;

     Amendment

     (b) agree to their participation in the programmes or measures with full knowledge of the facts;

     official amendment document ↗
182. Amendment 182Proposal for a directive · Article 30 – paragraph 2
     Current text

     2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

     Amendment

     2. Member States may take measures to promptly block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

     official amendment document ↗
183. Amendment 183Proposal for a directive · Article 31 – paragraph 1
     Current text

     1. Member States shall have a system in place for the collection, development, production and dissemination of public statistics on offences referred to in Articles 3 to 9.

     Amendment

     1. Member States shall have a system in place for recording, production and provision of anonymised statistical data on the reporting, investigative and judicial stages in relation to the criminal offences referred to in Articles 3 to 9 in order to monitor the effectiveness of their measures to combat the sexual abuse and sexual exploitation of children.

     official amendment document ↗
184. Amendment 184Proposal for a directive · Article 31 – paragraph 2 – introductory part
     Current text

     2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

     Amendment

     2. The statistics shall include the following data disaggregated by sex, gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

     official amendment document ↗
185. Amendment 185Proposal for a directive · Article 31 – paragraph 2 – point b
     Current text

     (b) the annual number of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;

     Amendment

     (b) the annual number of offences reported, of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;

     official amendment document ↗
186. Amendment 186Proposal for a directive · Article 3 – paragraph 2 a (new)
     Amendment

     2a. Disseminating pornographic content online without putting in place robust and effective age verification tools to effectively prevent children from accessing pornographic content online shall be punishable by a maximum term of imprisonment of at least 1 year.

     official amendment document ↗
187. Amendment 187PfEProposal for a directive · Recital 10 a (new)
     Amendment

     (10 a) The exposure of children to pornographic content, even when unintentional, undermines their innocence and integrity, compromises their dignity, and seriously affects their psychological and emotional development. It also carries a risk of addiction and may increase the risk of further sexual abuse and exploitation.

     official amendment document ↗
188. Amendment 188PfEProposal for a directive · Article 18 – paragraph 3
     Current text

     3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.

     Amendment

     3. Member States shall ensure that the competent authorities coming in contact with children reporting child sexual abuse offences or sexual exploitation offences they were the victims of are prohibited from transferring personal data pertaining to the residence status of those children to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU, without prejudice to Regulation (EU) ..../.... [establishing a common system for the return of third-country nationals staying illegally in the Union] and without those provisions preventing the lawful collection and…

     Excerpt — full text in the official PDF.
     official amendment document ↗
189. Amendment 189PfEProposal for a directive · Article 30 – paragraph 1
     Current text

     1. Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.

     Amendment

     1. Pursuant to the provisions of Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.

     official amendment document ↗