Changes from plenary report to adopted text

RemovedArticle 18 – paragraph 8: 8. Victims’ dependants shall be presumed to have specific protection needs without undergoing a specialised individual assessment.

RemovedArticle 19 – paragraph 1: 1. Member States shall ensure that, taking into account the specialised individual assessment, the competent authorities regularly assess the victim’s and their dependant’s individual needs for support as provided for under Chapter 4 (the ‘individual assessment of victims’ support needs’).

RemovedArticle 19 – paragraph 1 a (new): 1a. The individual assessment of victims’ support needs and the provision of support services shall not depend on a victim reporting the criminal offence.

RemovedArticle 19 – paragraph 2: 2. Article 18(4), (6) and (7) shall apply mutatis mutandis to the individual assessment of victims’ support needs.

RemovedArticle 20 – paragraph 1: 1. If the specialised individual assessment and individual assessment of victims’ support needs have identified specific protection or support needs or if the victim requests support, Member States shall ensure that support services, including women’s specialist support services, contact victims to offer support, with due regard for their safety.

RemovedArticle 20 – paragraph 2: 2. The competent authorities shall respond to requests for protection and support, including medical care, without delay and in a coordinated manner.

RemovedArticle 20 – paragraph 3: 3. Where needed, Member States shall ensure that the competent authorities can refer child victims, including witnesses, to specialist support services without the prior consent of a holder of parental responsibility.

RemovedArticle 21 – title: Emergency barring, restraining and protection orders, arrest and detention

RemovedArticle 21 – paragraph 1: 1. Member States shall ensure that, in situations of danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders without delay addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering, or coming closer than a prescribed distance from, that residence or the victim’s workplace or from contacting the victim, their dependants or their workplace in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence. Such orders may be complementary to orders as set out in paragraphs 2 and 2a.

RemovedArticle 21 – paragraph 2 a (new): 2a. Member States shall ensure the use of electronic monitoring or other supervision measures to ensure the enforcement of the orders referred to in paragraphs 1 and 2 and to increase the victim´s protection.

RemovedArticle 21 – paragraph 2 b (new): 2b. Member States shall ensure that the competent authorities consider ordering, without delay, the arrest and detention of a suspect in situations where there is immediate danger for the victim or the dependants or for the purposes of preserving evidence.

RemovedArticle 21 – paragraph 2 c (new): 2c. Member States shall ensure that emergency barring, restraining or protection orders are not used as a substitute for arrest and detention where there is a risk of repeated and severe violence against a victim or dependents.

RemovedArticle 21 – paragraph 2 d (new): 2d. Where an offender is subject to detention, the competent authorities shall ensure that the victim is informed when the offender is released.

RemovedArticle 21 – paragraph 4: 4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, proportionate and dissuasive criminal or other legal penalties. Member States shall ensure that victims are informed of any breach of such orders. Member States shall ensure that, where such an order has been breached, the competent authorities immediately assesses the possible risk of imminent harm and takes the necessary protection measures.

RemovedArticle 21 – paragraph 4 a (new): 4a. Member States shall ensure that in situations in which barring, restraining or protection orders are issued, perpetrators are informed of specialised programmes addressing gender-based violence.

RemovedArticle 23 – paragraph 1 – introductory part: Member States shall issue specialised guidelines for the competent authorities acting in criminal and, where relevant, civil proceedings, such as custody proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall be gender sensitive and shall include guidance on:

RemovedArticle 23 – paragraph 1 – point a: (a) how to ensure the proper identification of all forms of such violence and the gathering and preservation of relevant evidence, including online evidence;

RemovedArticle 23 – paragraph 1 – point b: (b) how to conduct the specialised individual assessment and individual assessment of victims’ support needs, including how frequently such assessments are to be updated;

RemovedArticle 23 – paragraph 1 – point b a (new): (ba) how to obtain, without delay, emergency barring, restraining or protection orders, including those with immediate effect;

RemovedArticle 23 – paragraph 1 – point c: (c) how to treat victims in a trauma, gender, disability and child-sensitive manner and how to ensure the child’s right to be heard and the best interests of the child;

RemovedArticle 23 – paragraph 1 – point d: (d) how to ensure that victims are treated in a respectful way and that the proceedings are conducted in such a manner as to prevent secondary or repeat victimisation;

RemovedArticle 23 – paragraph 1 – point e: (e) how to cater to the enhanced protection, medical and support needs of victims experiencing intersectional discrimination based on a combination of sex, gender and other grounds as referred to in Article 35 (1);

RemovedArticle 23 – paragraph 1 – point f: (f) how to identify and avoid gender stereotypes;

RemovedArticle 23 – paragraph 1 – point g: (g) how to refer victims to specialist support services, including medical services, to ensure the appropriate treatment of victims and handling, of cases of violence against women or domestic violence without delay;

RemovedArticle 23 – paragraph 1 – subparagraph 1 a (new): The guidelines referred to in the first paragraph shall be reviewed and updated at regular intervals, having regard to the way that they apply in practice, in consultation and cooperation with specialist services, including women’´s specialist support services.

RemovedArticle 24 – title: Role of national bodies and equality bodies and other specialised relevant actors

RemovedArticle 24 – paragraph 1 – subparagraph 1 – introductory part: Member States shall designate and make the necessary arrangement for a body or bodies or other specialised relevant actors to carry out the following tasks:

RemovedArticle 24 – paragraph 1 – subparagraph 1 – point b: (b) publish independent reports and make recommendations on any issue relating to such forms of violence, including gathering existing best practice;

RemovedArticle 24 – paragraph 1 – subparagraph 1 – point c: (c) support data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality;

RemovedArticle 24 – paragraph 2: 2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.

RemovedArticle 25 – paragraph 1: 1. Member States shall take the necessary measures to ensure the prompt removal of or the disabling of access to, material referred to in Article 7, points (a) and (b), Article 8, points (a) and (c), Articles 9 and 10 which is publicly accessible online. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim , binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.

RemovedArticle 25 – paragraph 2 – introductory part: 2. Member States shall ensure that orders to disable access to material referred to in Article 7, point (a) or (b), Article 8, point (a) or (c), or Article 9 or 10 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, points (a) and (c), Article 9 or Article 10 where the judicial authority seized considers that:

RemovedArticle 25 – paragraph 2 – point a: (a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, points (a) and (c), Article 9 or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;

RemovedArticle 25 – paragraph 2 – point b: (b) the removal or disabling of access to that material is necessary to prevent or limit significant harm to the victim;

RemovedArticle 25 – paragraph 3: 3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (a), and, where it concerns publicly available material, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) or (b), Article 8, point (a) or (c), Article 9 or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 of this Article become permanent.

RemovedArticle 25 – paragraph 4: 4. Member States shall ensure that the orders and other measures referred to in paragraphs 1 and 2 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all parties involved, including their fundamental rights in accordance with the Charter.

RemovedArticle 25 – paragraph 5: 5. Member States shall ensure that the end-user of the relevant services who made the material subject to a judicial order available online is informed, where appropriate by the intermediary service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end-users have access to judicial redress.

RemovedArticle 25 – paragraph 6: 6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take the necessary measures to ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article 7, points (a) and (b), Article 8, point (a), and, where it concerns publicly available material, point (c), Article 9 or Article 10.

RemovedArticle 26 – paragraph 1: 1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence. Member States shall ensure that where offenders do not abide by the decision to pay compensation to the victim within the agreed timeframe, the victims have access to existing schemes of compensation.

RemovedArticle 26 – paragraph 4: 4. The damage shall include costs for sexual and reproductive and psychological healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical or psychological harm, such as secondary victimisation, and moral prejudice.

RemovedArticle 26 – paragraph 5 – subparagraph 1: 5. The limitation periods for bringing a claim for compensation for the offences referred to in Articles 5 to 11 shall be no less than the corresponding limitation periods for those offences set out in Article 15. The limitation periods for bringing a claim for compensation for acts of violence against women or domestic violence as criminalised under other instruments of Union law and for any other acts of violence against women or domestic violence as criminalised under national law shall be no less than 5 years from the time the offence has taken place.

RemovedArticle 26 – paragraph 5 – subparagraph 3: The limitation period for bringing a claim for compensation of criminal offences referred to in Articles 7 to 10 shall commence with the victim’s knowledge of the offence.

RemovedArticle 26 – paragraph 5 – subparagraph 3 a (new): The limitation period for bringing a claim for compensation for criminal offences as referred to in Articles 5 to 6d shall commence from the time the offence has taken place.

RemovedArticle 27 – title: General and specialist support to victims

RemovedArticle 27 – paragraph 1 – introductory part: 1. Member States shall ensure that general victim support services and specialist support services referred to in Articles 8 and 9 of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive and that the providers of those services cooperate with one another to ensure that the provision of those services is coordinated. General victim support services shall provide, at the earliest possible stage:

RemovedArticle 27 – paragraph 1 – point a: (a) advice and information on any relevant legal, social or practical matters arising as a result of the crime, including on access to healthcare housing, education, training and assistance to remain in or find employment, childcare, financial assistance and benefits and on referrals to relevant specialist support services, including relevant exit services;

RemovedArticle 27 – paragraph 1 – point b: (b) referrals to medical forensic examinations, including comprehensive healthcare services, psychological counselling, rape crisis centres, women’s support centres, women’s shelters, sexual violence referral centres and primary prevention services;

RemovedArticle 27 – paragraph 1 – point c: (c) support to victims of cyber violence, including on how to secure evidence and advice on judicial remedies and remedies to remove online content related to the crime;

RemovedArticle 27 – paragraph 1 a (new): 1a. Specialist support services shall provide, at the earliest possible stage: / (a) advice and information on any relevant legal, social or practical matters arising as a result of violence against women and domestic violence, in particular on access to women’s specialist services, including to women’s support centres, women’s shelters, helplines, rape crisis or sexual violence referral centres, primary prevention services, exit services, and on access to the other specialist support services referred to in Article 29; / (b) short-term and long-term psychological counselling, trauma care, legal counselling, advocacy and outreach services, and specific services for children as victims or witnesses; / (c) advice on the collection of forensic medical evidence in cases of rape and sexual assault; / (d) support to victims of violence against women and domestic violence with an intersectional approach, implementing empowering methodologies provided in a safe space and tailored to the needs of victims, respecting the victims’ agency over decisions and steps in their recovery process.

RemovedArticle 27 – paragraph 2: 2. Specialist support referred to in paragraph 1a shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, be sufficiently geographically distributed, avoid technological barriers, and be tailored to the needs of victims of violence against women and domestic violence. The aim of such specialised support is to ensure the complex task of empowering victims through optimal support and assistance tailored to their specific needs. Such specialised support shall be provided in a language that the victim can understand and in a manner that is age-appropriate for the victim;

RemovedArticle 27 – paragraph 3: deleted

RemovedArticle 27 – paragraph 4: 4. Member States shall provide the protection, medical and specialist support services necessary to comprehensively address the multiple needs of victims of violence against women and domestic violence at the same premises, or have such services coordinated through a multiagency approach, as well as through a central contact point, or through one-stop online access to such services, including those provided by non-governmental organisations. Such services shall have clear referral protocols. Such a combined offering of services shall include at least first hand medical care, referral to further medical care, social services, and psychosocial support, legal services, and police services. Where necessary, rehabilitation and socio-economic integration after sexual exploitation shall be facilitated through specialist support services;

RemovedArticle 27 – paragraph 5: 5. Member States shall issue guidelines and protocols for general victim support services such as healthcare, social service and child protection service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant medical and specialist support services and avoiding secondary victimisation. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination. Such guidelines shall be created in a gender-, trauma- and child-sensitive manner in cooperation with the general victim support service providers and specialist support service providers and shall be reviewed on a regular basis;

RemovedArticle 27 – paragraph 6: 6. Member States shall ensure that specialist support services, including medical support services, remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency;

RemovedArticle 27 – paragraph 7: 7. Member States shall ensure that all general victim support services and specialist support services, including medical support services, are available to victims without delay and free of charge. Access to such services shall not be conditional on the victim’s willingness to file a complaint against the offender to a competent authority. Access to such services shall be available before, during and for an appropriate time after criminal proceedings;

RemovedArticle 28 – paragraph 1: 1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for medical care and forensic examinations, timely referral to other medical care services, including sexual reproductive healthcare as part of the clinical management of rape, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner. Interviews of children who have experienced sexual violence shall be limited. Only specialists who have been trained to interview children shall interview children who have experienced sexual violence;

RemovedArticle 28 – paragraph 1 a (new): 1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare services, emergency contraception, screening and post-exposure prophylaxis for sexually transmitted infections and access to safe and legal abortion;

RemovedArticle 28 – paragraph 2: 2. The services referred to in paragraphs 1 and 1a shall be available free of charge and accessible every day of the week. They may be part of the services referred to in Article 27.

RemovedArticle 28 – paragraph 3: 3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State and shall ensure the safety of, and confidentiality for, victims. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 inhabitants;

RemovedArticle 28 – paragraph 4: 4. Article 27 shall apply to the provision of support for victims of sexual violence;