Changes from plenary report to adopted text

RemovedArticle 43 – paragraph 1 – point b: (b) exchanging information and best practices with relevant Union bodies, offices and agencies, such as the Union coordinator and the European Institute for Gender Equality, and cooperating with them on the establishment of common standards and guidelines;

RemovedArticle 43 – paragraph 1 – point c: (c) providing assistance to Union networks, umbrella organisations and Union-wide non-governmental organisations working on matters directly relevant to violence against women and domestic violence.

RemovedArticle 43 – paragraph 2 a (new): 2. In order to contribute to the achievement of the tasks set out in this Directive and to combat violence against women and domestic violence, Member States shall facilitate the tasks of a Union coordinator on combating gender-based violence (the ‘Union coordinator’). The Union coordinator shall be responsible for improving coordination among, and the coherence of the actions taken by, Union institutions, bodies, offices and agencies and Member States and international actors as regards combating violence against women and domestic violence and for developing and monitoring the implementation and transposition of Union policies to address gender-based violence. In particular, Member States shall transmit to the Union coordinator the information listed in Article 39a(2) and the data provided for in Article 44. On the basis of that information and data, the Union coordinator shall contribute every two years to reporting carried out by the Commission under this Directive on the progress made in the fight against violence against women.

RemovedArticle 44 – paragraph 1: 1. Member States shall have a system in place for the regular collection, development, production and dissemination of statistics on violence against women or domestic violence, including the forms of violence referred to in Articles 5 to 10, through qualitative and quantitative data.

RemovedArticle 44 – paragraph 2 – introductory part: 2. The statistics shall include the following comparable data disaggregated by sex or gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence, whether the victim had a disability, and the context in which the offence took place:

RemovedArticle 44 – paragraph 2 – point b: (b) the annual number of such victims, of offences reported to law enforcement, of persons prosecuted for and convicted of such forms of violence, of sentences imposed by type of offence, of dismissal or withdrawal of complaints and the reason for terminating investigations, obtained from national administrative sources;

RemovedArticle 44 – paragraph 2 – point b a (new): (ba) the motives, forms and impact of violence against women and domestic violence;

RemovedArticle 44 – paragraph 2 – point b b (new): (bb) the number of victims who have been killed due to violence against women or domestic violence, and whether they had previously filed a complaint;

RemovedArticle 44 – paragraph 2 – point b c (new): (bc) the number of shelter and family places per Member State;

RemovedArticle 44 – paragraph 2 – point b d (new): (bd) the availability of victim support services, and the number of victims accessing support services or awaiting such services;

RemovedArticle 44 – paragraph 2 – point b e (new): (be) the number of calls to national helplines.

RemovedArticle 44 – paragraph 4: 4. In order to ensure administrative data comparability and standardisation across the Union, Member States shall collect administrative data referred to in paragraph 2 on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5 and shall ensure that such data are available in a machine-readable format. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The European Institute for Gender Equality shall regularly publish a report based on the statistical data transmitted by the Member States. The transmitted data shall not contain personal data.

RemovedArticle 44 – paragraph 6: 6. The Member States shall make the collected statistics available to the public in an easily accessible manner. The statistics shall not contain personal data.

RemovedArticle 44 – paragraph 7: 7. The Member States shall support research on root causes, effects, incidences and conviction rates, including intersectional discrimination, of the forms of violence covered by this Directive, using the experiences of both victims and offenders in close cooperation with relevant competent authorities and specialist support service. Such research shall enable the identification of failures in protection and serve to improve and further develop preventive measures.

RemovedArticle 44 – paragraph 7 a (new): 7a. Member States shall ensure that the data referred to in paragraph 2 are collected independently from other data collection obligations under international and Union law.

RemovedArticle 44 a (new): Article 44a / Resources / Member States shall allocate sufficient, predictable and sustainable resources, including funding and human resources, to the implementation of all the actions laid down in this Directive. Funding shall be made available to state bodies and agencies and to other relevant actors such as non-governmental organisations, including women’s specialist support services, who carry out actions as laid down in this Directive.

RemovedDirective 2011/93/EU

RemovedArticle 45, Article 3 – paragraph 9: 9. For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of fear, intimidation, unconsciousness, intoxication, sleep, illness or bodily injury, disability or being in an otherwise particularly vulnerable situation. / Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender. Consent shall be assessed in the context of the surrounding circumstances.”

RemovedArticle 47 – paragraph 1: 1. By [five years after the entry into force of this Directive] at the latest, and every five years thereafter, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.

RemovedArticle 47 – paragraph 2: 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly, and in accordance with the reporting obligations of Member States under this Directive, submit to the European Parliament and the Council a report in which it reviews the application of this Directive.

RemovedArticle 49 – paragraph 1: Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under international instruments binding on Member States and under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force of this Directive.