Text · Amendment list
Laying down rules to prevent and combat child sexual abuse
Document LIBE-AM-749191 · COM(2022)0209 – C9-0174/2022 – 2022/0155(COD)
- Kind
- Amendment list LIBE-AM-749191
- Date
- 28 July 2023
- Committee
- Committee on Civil Liberties, Justice and Home Affairs
- Dossier
- 2022-0155
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- Official page PDF Word
- Reference
- COM(2022)0209 – C9-0174/2022 – 2022/0155(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| 20 Victims’ right to information | 20 Survivors' right to information amd support |
| Text proposed by the Commission | Amendment |
|---|---|
| Victims’ right to information | Victims’ right to information and support |
| Text proposed by the Commission | Amendment |
|---|---|
| Victims’ right to information | Survivors’ right to information |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. | Victims of child sexual abuse material hosted or disseminated in the Union or their representatives and persons in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they are or a Coordinating Authority of their choosing, easily understandable and accessible information regarding any known instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. The right shall cover both an occasional information as well as a periodic information. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. The information in question shall be given in the language indicated by that person. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. | Any survivor, including child survivors and, after obtaining consent of the child, a parent of child survivors or their legal representative, residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, age-appropriate information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12 and referral to support services. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. | Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. . The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible manner. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. | Victims of abuse residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them by staff adequately trained for such delicate task. |
Hilde Vautmans, Fabienne Keller, Olivier Chastel, Maite Pagazaurtundúa, Abir Al-Sahlani, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. | Victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information and the referral to support regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. | Victims shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority shall ensure that survivors, including child survivors and parents of child survivors, are informed about survivor support services where the survivors can receive age-appropriate and gender-sensitive information and support. |
| Text proposed by the Commission | Amendment |
|---|---|
| That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the person making the request. | That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the victim making the request. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Victims of child sexual abuse or their representatives and persons living in the Union shall have the right to receive, upon their request, from the Coordinating Authority information regarding victim’s rights, support and assistance.The information shall be age-appropriate, accessible and gender-sensitive and shall include at a minimum: | |
| (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological or social support, and alternative accommodation; | |
| (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; | |
| (c) how and under what conditions they can obtain protection, including protection measures; | |
| (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; | |
| (e) how and under what conditions they can access compensation; | |
| (f) how and under what conditions they are entitled to interpretation and translation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. In case a victim or victim representative indicates the preference for a periodic request, the Coordinating Authority shall submit, without delay, the information referred to in paragraph 3 proactively to the requester after the first submitted reply, in any new instances of reports referred to in paragraph 1 on a weekly basis. Victims or victim representatives may terminate the periodic request at any time by notifying the Coordinating Authority in question. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where applicable, the individual or entity that is to receive the information on behalf of the person making the request; | (b) where applicable, the individual or entity formally assisting or representing the person that is to receive the information on behalf of the person making the request, with verifiable proof of approval of the person making the request; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) sufficient elements to demonstrate the identity of the person making the request. | (c) sufficient elements to verify that the child sexual abuse material in question matches with of the person making the request; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) an indication if the request is occasional or covers a certain time period. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) whether the provider reported having removed or disabled access to the material, in accordance with Article 13(1), point (i). | (d) whether the provider reported having removed or disabled access to the material, in accordance with Article 13(1), point (i), and in that case, all related information; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) whether the provider reported having removed or disabled access to the material, in accordance with Article 13(1), point (i). | (d) whether the provider reported having removed the material, in accordance with Article 13(1), point (i). |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) information regarding age-appropriate and gender-sensitive survivor support services to provide the child, family and survivors with adequate emotional and psychosocial support as well as practical and legal assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) if there were appeals to such removal, and in that case, all related information |
| Text proposed by the Commission | Amendment |
|---|---|
| (db) relevant age-appropriate, accessible and gender-sensitive information on victim support and assistance in the victim’s region. |
| Text proposed by the Commission | Amendment |
|---|---|
| Victims’ right of assistance and support for removal | Survivors’ right of assistance and support for removal |
| Text proposed by the Commission | Amendment |
|---|---|
| Victims’ right of assistance and support for removal | Survivors’ right of assistance and support for removal |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. | 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known or new child sexual abuse material depicting them removed or to have access thereto disabled by the provider complemented in a timely matter and, if possible and appropriate, also included in the list of indicators used to prevent the further dissemination of these items and submitted to the Coordinating Authority in accordance with Article 36. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. | 1. Providers of hosting services shall provide adequate assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. The assistance shall be provided by staff specifically trained to interact with victims of serious abuses. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. | 1. Providers of relevant information society services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. | 1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed by the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Each Member State shall ensure the functioning of hotlines, including through funding and capacity building, in order for victims and their families to receive support from the competent authority in a timely manner. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. | Victims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides or the Coordinating Authority of their choosing, age appropriate and gender-sensitive information on support for removal, including support from civil society organisations, hotlines and from the EU Centre when they seek to have a provider of hosting services or publicly available number-independent interpersonal communications services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. |
Hilde Vautmans, Fabienne Keller, Olivier Chastel, Maite Pagazaurtundúa, Abir Al-Sahlani, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. | Victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them taking into account the vulnerabilities of the person depicted. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. All professionals likely to come into contact with child victims of sexual abuse online should be adequately trained and able to recognise and address the specific needs of victims. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. | Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible way. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. | Victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the victim resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. | Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. | Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The Member States shall provide for a support fund for victims of abuse. The fund shall provide legal assistance and shall be activated only once the EU Centre has proved an effective violation within the meaning of Article 1 of this regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The requests referred to in paragraphs 1 and 2 shall indicate the relevant item or items of child sexual abuse material. | 3. The requests referred to in paragraphs 1 and 2 shall indicate the relevant item or items of child sexual abuse material and any other relevant information. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) verifying whether the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1); | (b) verifying whether the provider removed that item or those items, including by conducting the searches referred to in Article 49(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) verifying whether the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1); | (b) verifying whether the provider removed that item or those items, including by conducting the searches referred to in Article 49(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) where necessary, informing the Coordinating Authority of establishment of the presence of that item or those items on the service, with a view to the issuance of a removal order pursuant to Article 14. | (d) where necessary, informing the Coordinating Authority of establishment of the presence of that item or those items on the provider's service, with a view to the issuance of a removal order pursuant to Article 14 and the obligations under Article 21; |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) information regarding victim’s rights, assistance and support pursuant to Article 21. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article21a | |
| Right to lodge a complaint with a supervisory authority | |
| 1. Without prejudice to any other administrative or judicial remedy, every user shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the user considers that the processing of personal data relating to him or her infringes this Regulation or Regulation (EU) 2016/679. | |
| 2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 21b. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article21b | |
| Right to an effective judicial remedy against a provider of a hosting services or a providers of a number-independent interpersonal communications service | |
| 1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to 21a, each user shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation or Regulation (EU) 2016/679. | |
| 2. Proceedings against a provider of a hosting service or a provider of a number-independent interpersonal communications service shall be brought before the courts of the Member State where the provider has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the user has his or her habitual residence. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of hosting services and providers of interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: | Providers of hosting services and providers of number-independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of hosting services and providers of interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: | Providers of hosting services and providers of number-independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of hosting services and providers of interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: | Providers of hosting services and providers of number-independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers of hosting services and providers of interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: | Providers of hosting services and providers of number independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) executing a detection order issued pursuant to Article 7, or a removal order issued pursuant to Article 14; | (a) executing a removal order issued pursuant to Article 14; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) blocking the account of, or suspending or terminating the provision of the service to, the user concerned; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) responding to requests issued by competent law enforcement authorities and judicial authorities in accordance with the applicable law, with a view to providing them with the necessary information for the prevention, detection, investigation or prosecution of child sexual abuse offences, insofar as the content data and other data relate to a report that the provider has submitted to the EU Centre pursuant to Article 12. | (e) responding to requests issued by competent law enforcement authorities and judicial authorities in accordance with the applicable law, with a view to providing them with the necessary information for the prevention, detection, investigation or prosecution of child sexual abuse offences, insofar as the content data and other data relate to a report that the provider has submitted to the EU Centre pursuant to Article 12. All such requests shall be logged. |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the first subparagraph, point (a), the provider may also preserve the information for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose. | deleted |
The EDPB and EDPS consider in their Opinion it might be difficult toensure in practice that no personal data are stored for that purpose, as mostcontent data and other data processed for detection purposes is likely toqualify as personal data
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the first subparagraph, point (a), the provider may also preserve the information for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the first subparagraph, point (a), the provider may also preserve the information for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards the first subparagraph, point (a), the provider may also preserve the information for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose. | As regards the first subparagraph, point (a), the provider who uses its own detection technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7 may also preserve the information for the purpose of improving the effectiveness and accuracy of these technologies, if the personal data preserved this way is fully anonymised. No personal data shall be retained for that purpose. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers shall preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal or disabling of access, whichever occurs first. | Providers shall securely preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal or disabling of access, whichever occurs first. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers shall preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal or disabling of access, whichever occurs first. | Providers shall preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal, whichever occurs first. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers shall ensure that the information referred to in paragraph 1 is preserved in a secure manner and that the preservation is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the information can be accessed and processed only for the purpose for which it is preserved, that a high level of security is achieved and that the information is deleted upon the expiry of the applicable time periods for preservation. Providers shall regularly review those safeguards and adjust them where necessary. | Providers shall ensure that the information referred to in paragraph 1 is preserved in an encrypted or protected in a similarly secure way and that the preservation is subject to state of the art appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the information can be accessed and processed only for the purpose for which it is preserved, that unauthorised access to, and unauthorised transfers of, such personal data and other data are prevented, that a high level of security is achieved and that the information is deleted upon the expiry of the applicable time periods for preservation. Providers shall regularly review those safeguards and adjust them where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| Providers shall ensure that the information referred to in paragraph 1 is preserved in a secure manner and that the preservation is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the information can be accessed and processed only for the purpose for which it is preserved, that a high level of security is achieved and that the information is deleted upon the expiry of the applicable time periods for preservation. Providers shall regularly review those safeguards and adjust them where necessary. | Providers shall ensure that the information referred to in paragraph 1 is preserved in a secure manner and that the preservation is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the information can be accessed and processed only for the purpose for which it is preserved, that a high level of security is achieved, all access to the data is logged, and that the information is deleted upon the expiry of the applicable time periods for preservation. Providers shall regularly review those safeguards and adjust them where necessary. |
Hilde Vautmans, Fabienne Keller, Olivier Chastel, Maite Pagazaurtundúa, Abir Al-Sahlani, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Providers of relevant information society services shall establish a single point of contact allowing for direct communication, by electronic means, with the Coordinating Authorities, other competent authorities of the Member States, the Commission and the EU Centre, for the application of this Regulation. | 1. As referred to in Article 12 of the Digital Service Act Regulation, providers of relevant information society services shall establish a single point of contact allowing for direct communication, by electronic means, with the Coordinating Authorities, other competent authorities of the Member States, the Commission and the EU Centre, for the application of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The provider shall mandate its legal representatives to be addressed in addition to or instead of the provider by the Coordinating Authorities, other competent authorities of the Member States and the Commission on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation, including detection orders, removal orders and blocking orders. | 3. The provider shall mandate its legal representatives to be addressed in addition to or instead of the provider by the Coordinating Authorities, other competent authorities of the Member States and the Commission on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article24a | |
| Anonymous public reporting of online child sexual abuse | |
| 1. Member States shall ensure that the public has the possibility to anonymously report child sexual abuse material and child sexual exploitation activities to recognised non-governmental organisations specialised in combatting online child sexual abuse material. | |
| 2. Member States shall ensure that hotlines operating in their territory are authorised to view, assess and process anonymous reports of child sexual abuse material. | |
| 3. Member States shall grant hotlines the authority to issue content removal notices for confirmed instances of child sexual abuse material. | |
| 4. Member States shall authorise hotlines to voluntarily conduct pro-active searching for child sexual abuse material online. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall, by [Date - two months from the date of entry into force of this Regulation], designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). | 1. Member States shall, by [Date - two months from the date of entry into force of this Regulation], designate one or more competent authorities as responsible for the application and enforcement of this Regulation and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU (‘competent authorities’). |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall, by the date referred to in paragraph 1, designate one of the competent authorities as their Coordinating Authority for child sexual abuse issues (‘Coordinating Authority’). | Where Member States designate more than one competent authority, it shall appoint one of those competent authorities as their Coordinating Authority for child sexual abuse issues (‘Coordinating Authority’). Where they designate only one competent authority, that competent authority shall be the Coordinating Authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. | The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. The Coordinating Authority shall also be responsible for the coordination and adaptation of prevention techniques, elaborated by the EU Centre. The Coordinating Authority shall issue recommendations and good practices on improving digital skills and competences, including media literacy, amongst the population through the realization of awareness campaigns on a national level, targeting in particular parents and children on the detection and prevention of child sexual abuse online. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. | The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation, and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union. | The Coordinating Authority shall in any event be responsible for ensuring coordination and overseeing the implementation at national level in respect of those matters, including issues related to prevention, education and awareness raising and the organisation of regular training activities for officials, including in law enforcement authorities who deal with cases which involve children, and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union. | The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters including issues related to prevention, education and awareness raising and the organisation of regular training activities for officials, including in law enforcement authorities who deal with cases which involve children and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union. | The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters, including matters related to prevention, and for contributing to the effective, efficient and consistent application and enforcement of this Regulation and Directive 2011/93/EU throughout the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated. | 5. Each Member State shall ensure that a sufficiently staffed contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters contributing to the achievements of the objective of this Regulation and enforcement of Directive 2011/93/EU in that Member State, including for trusted organisations providing assistance to victims and providing education and awareness raising. Member States shall make the information on the contact point widely accessible through gender-sensitive and age-appropriate online and offline awareness raising campaigns and communicate this information to the EU Centre. They shall keep that information updated. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated. | 5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available, shall disseminate this information through gender-sensitive awareness raising campaigns in public places frequented by children, and girls in particular, and shall communicate it to the EU Centre. They shall keep that information updated. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Within two weeks after the designation of the Coordinating Authorities pursuant to paragraph 2, the EU Centre shall set up an online register listing the Coordinating Authorities and their contact points. The EU Centre shall regularly publish any modification thereto. | 6. Within two weeks after the designation of the Coordinating Authorities pursuant to paragraph 2, the EU Centre shall set up an online public register listing the Coordinating Authorities and their contact points. The EU Centre shall regularly publish any modification thereto. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) provide certain information or technical expertise on matters covered by this Regulation; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) provide certain information or technical expertise on matters covered by this Regulation; | (a) provide certain information on matters covered by this Regulation, including knowledge and expertise on appropriate prevention techniques against online solicitation of children and the dissemination of CSAM online. |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) provide information and expertise on gender-sensitive and age appropriate victim support and prevention of online child sexual abuse. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) assist in assessing, in accordance with Article 5(2), the risk assessment conducted or updated or the mitigation measures taken by a provider of hosting or interpersonal communication services under the jurisdiction of the Member State that designated the requesting Coordinating Authority; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) assist in assessing, in accordance with Article 5(2), the risk assessment conducted or updated or the mitigation measures taken by a provider of hosting or interpersonal communication services under the jurisdiction of the Member State that designated the requesting Coordinating Authority; | (b) assist in assessing, in accordance with Article 5(2), the risk assessment conducted or updated or the mitigation measures taken by a provider of hosting or number-independent interpersonal communication services under the jurisdiction of the Member State that designated the requesting Coordinating Authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; | (c) verify the possible need to request competent national authorities to issue a removal order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; | (c) verify the possible need to request competent national authorities to issue a detection warrant, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; | (c) verify the possible need to request competent national authorities to issue a detection order, a removal order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority. | (d) verify the effectiveness of a removal order issued upon the request of the requesting Coordinating Authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) provide knowledge and expertise on appropriate prevention techniques tailored by age and gender against online solicitation of children and the dissemination of child sexual abuse material online. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow. | 8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8a. The EU Centre shall support Member States in designing preventive and gender-sensitive measures, such as awareness-raising campaigns to combat child sexual abuse, guaranteeing comprehensive sexuality and relationships education in all schools, introducing digital skills, literacy and safety online programs in formal education, ensuring the full availability of specialized support services tailored by gender and age for child survivors of sexual abuse and children in vulnerable situations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 9a. In its contact with survivors or in any decision affecting survivors, the Coordinating Authority shall operate in an age-appropriate and gender-sensitive way that minimises risks to survivors, especially children, addresses harm of survivors and meets their needs. It shall operate in a victim and gender sensitive manner which prioritises recognising and listening to the survivor, avoids secondary victimisation and retraumatisation, and systematically focuses on their safety, rights, well-being, expressed needs and choices, and ensures they are treated in an empathetic, sensitive and non-judgmental way. |
| Text proposed by the Commission | Amendment |
|---|---|
| 9a. In its engagement with victims and survivors or in any decision affecting victims and survivors, the Coordination Autority shall operate in a way that minimises risks to victims and survivors, especially children. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article25a | |
| Cooperation with third parties | |
| Where necessary for the performance of its tasks under this Regulation, including the achievement of the objective of this regulation, and in order to promote the generation and sharing of knowledge in line with article 43 (6), the Coordinating Authority shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations and practitioners. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that the Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting the fundamental rights of all parties affected. Member States shall ensure that their Coordinating Authorities have adequate technical, financial and human resources to carry out their tasks. | 1. Member States shall ensure that the Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting all fundamental rights of all parties affected. They shall also ensure that their Coordinating Authorities perform their tasks with utmost respect and sensitivity towards victims and their representatives, with a focus on avoidance of re-victimization, the safety of the victim and their needs. Member States shall also ensure that their Coordinating Authorities have adequate technical, financial and human resources to carry out their tasks. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) are free from any external influence, whether direct or indirect; | (c) are free from any undue external influence, whether direct or indirect, it being understood that (a) the receipt of any type of financial aid by the Coordinating Authority and (b) the membership of the Coordinating Authority in a recognised international network shall not prejudice its independent character; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) are free from any external influence, whether direct or indirect; | (c) are free from any undue external influence, whether direct or indirect in line with their national legislation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation. | (e) have demonstrated competence, skills and experience in the area of combatting online child sexual abuse. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience and technical skills to perform their duties. | 4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience and technical skills to perform their duties under this Regulation. They shall also ensure that members of staff coming into contact with victims are adequately and frequently trained in intersectional victim support. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects. | 5. Without prejudice to national or Union legislation on whistleblower protection, the management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects. Coordinating Authorities shall take into account the application of Directive 2021/93/EU on Pay Transparency. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where needed for carrying out their tasks, Coordinating Authorities shall have the following powers of investigation, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them: | 1. Coordinating Authorities shall have the following investigatory powers in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information within a reasonable time period; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information within a reasonable time period; | (a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information within undue delay; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the power to carry out on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the power to carry out on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium; | (b) the power to carry out, or to request an independent judicial authority in their Member State to order remote or on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers; | (c) in accordance with national legislation, the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the power to request information, including to assess whether the measures taken to execute a detection order, removal order or blocking order comply with the requirements of this Regulation. | (d) the power to request information, to assess compliance with the requirements of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the power to request information, including to assess whether the measures taken to execute a detection order, removal order or blocking order comply with the requirements of this Regulation. | (d) the power to request information from the service provider, including to assess whether the measures taken to execute a removal order comply with the requirements of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may grant additional investigative powers to the Coordinating Authorities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where needed for carrying out their tasks, Coordinating Authorities shall have the following enforcement powers, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them: | 1. Coordinating Authorities shall have the following enforcement powers, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the power to accept the commitments offered by those providers in relation to their compliance with this Regulation and to make those commitments binding; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the power to order the cessation of infringements of this Regulation and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end; | (b) the power to order the cessation of infringements of this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the power to order the cessation of infringements of this Regulation and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end; | (b) the power to order specific measures to bring about the cessation of infringements of this Regulation and to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the power to impose fines, or request a judicial authority in their Member State to do so, in accordance with Article 35 for infringements of this Regulation, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph; | (c) the power to impose fines, or request a judicial authority in their Member State to do so, in accordance with Article 35 for infringements of this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the power to impose fines, or request a judicial authority in their Member State to do so, in accordance with Article 35 for infringements of this Regulation, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph; | (c) the power to impose fines in accordance with Article 35 for infringements of this Regulation, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the power to adopt interim measures to avoid the risk of serious harm. | (e) the power to adopt appropriate, reasonable, and proportionate interim measures to prevent serious harm. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States may grant additional enforcement powers to the Coordinating Authorities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. As regards paragraph 1, points (c) and (d), Coordinating Authorities shall have the enforcement powers set out in those points also in respect of the other persons referred to in Article 27, for failure to comply with any of the orders issued to them pursuant to that Article. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. They shall only exercise those enforcement powers after having provided those other persons in good time with all relevant information relating to such orders, including the applicable time period, the fines or periodic payments that may be imposed for failure to comply and redress possibilities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where needed for carrying out their tasks, Coordinating Authorities shall have the additional enforcement powers referred to in paragraph 2, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them, provided that: | 1. Coordinating Authorities shall have the additional enforcement powers referred to in paragraph 2 of this Article, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them, provided that: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the infringement persists; | (b) the infringement persists and |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) adopt and submit an action plan setting out the necessary measures to terminate the infringement; | (i) adopt and submit an action plan setting out the necessary measures to terminate the infringement, subject to the approval of the Coordinating Authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) request the competent judicial authority or independent administrative authority of the Member State that designated the Coordinating Authority to order the temporary restriction of access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place, where the Coordinating Authority considers that: | (b) request the competent judicial authority of the Member State that designated the Coordinating Authority to order the temporary restriction of access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place, where the Coordinating Authority considers that: |
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) the infringement persists and causes serious harm; | (ii) the infringement persists and causes serious harm that is greater than the likely harm to users relying on the service for legal purposes and; |
| Text proposed by the Commission | Amendment |
|---|---|
| The temporary restriction shall apply for a period of four weeks, subject to the possibility for the competent judicial authority, in its order, to allow the Coordinating Authority to extend that period for further periods of the same lengths, subject to a maximum number of extensions set by that judicial authority. | The temporary restriction shall apply for a period of four weeks, subject to the possibility for the competent judicial authority, to extend that period for further periods of the same lengths, subject to a maximum number of extensions set by that judicial authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the provider has failed to take the necessary measures to terminate the infringement; | (a) the provider has failed to take necessary and proportionate measures to terminate the infringement; and |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The measures taken by the Coordinating Authorities in the exercise of their investigatory and enforcement powers referred to in Articles 27, 28 and 29 shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement of this Regulation or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of relevant information society services concerned, where applicable. | 1. The measures taken by the Coordinating Authorities in the exercise of their investigatory and enforcement powers referred to in Articles 27 and 28 shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement of this Regulation or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of relevant information society services concerned, where applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 29 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected. | 2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 29 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall be targetd and precise, be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 29 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected. | 2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27 and 28 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known or new child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) and (b), where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation. | Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) . |
| Text proposed by the Commission | Amendment |
|---|---|
| Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known or new child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) and (b), where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation. | Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known child sexual abuse material,where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 32 | deleted |
| Notification of known child sexual abuse material | |
| Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them of the presence on their service of one or more specific items of known child sexual abuse material and to request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. | |
| The request shall clearly set out the identification details of the Coordinating Authority making the request and information on its contact point referred to in Article 25(5), the necessary information for the identification of the item or items of known child sexual abuse material concerned, as well as the reasons for the request. The request shall also clearly state that it is for the provider’s voluntary consideration. |
Any individual, company, organisation or body has this power. This provision has no effect other than to permit Coordinating Authorities to submit informal notices, moving the decision-making out of their specialised hands and into the non-specialised hands of providers. They should send removal orders instead.
| Text proposed by the Commission | Amendment |
|---|---|
| Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them of the presence on their service of one or more specific items of known child sexual abuse material and to request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. | Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them in accordance with Article 33 of the presence on their service and any other hosting service provider of one or more specific items of known child sexual abuse material and to request them to remove to that item or those items, for the providers’ voluntary consideration. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where a provider failed to appoint a legal representative in accordance with Article 24, all Member States shall have jurisdiction. Where a Member State decides to exercise jurisdiction under this subparagraph, it shall inform all other Member States and ensure that the principle of ne bis in idem is respected. | Where a provider which does not have its main establishment in the Union failed to appoint a legal representative in accordance with Article 24, all Member States shall have jurisdiction. Where a Member State decides to exercise jurisdiction under this subparagraph, it shall inform all other Member States and ensure that the principle of ne bis in idem is respected. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State where the user resides or is established. | 1. Users and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State where the user resides or is established. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State where the user resides or is established. | 1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State of choice. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. The Coordinating authority shall offer easy to use mechanisms to anonymously submit information about infringements of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Coordinating Authorities shall provide child-friendly mechanisms to submit a complaint under this Article and adopt a child-sensitive approach when handling complaints submitted by children, taking due account of the child's age, maturity, views, needs and concerns. | 2. Coordinating Authorities shall provide age-appropriate and accessible mechanisms to submit a complaint under this Article and adopt an age-appropriate and gender-sensitive approach when handling complaints taking due account of the person’s age,maturity, views, needs and concerns. The processing of complaints shall take into account due diligence and shall provide necessary information to the complainant. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Users shall have the possibility to lodge a complaint alleging an infringement of this Regulation against providers of information society services with recognised non-governmental organisations specialised in combatting online child sexual abuse material, including the hotlines. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article34a | |
| Representative actions | |
| The following is added to Annex I of Directive (EU) 2020/1828 on Representative actions for the protection of the collective interests of consumers: “Regulation xxxx/xxxx of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse” |
| Text proposed by the Commission | Amendment |
|---|---|
| Article34a | |
| Reporting of breaches and protection of reporting persons | |
| Directive (EU) 2019/1937 of the European Parliament and of the Council shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the maximum amount of penalties imposed for an infringement of this Regulation shall not exceed 6 % of the annual income or global turnover of the preceding business year of the provider. | 2. Member States shall ensure that the maximum amount of penalties imposed for an infringement of this Regulation shall not exceed 6 % of the annual worldwide turnover of the preceding business year of the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 1% of the annual income or global turnover of the preceding business year of the provider or the other person referred to in Article 27. | 3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 3% of the annual income or global turnover of the preceding business year of the provider. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 1% of the annual income or global turnover of the preceding business year of the provider or the other person referred to in Article 27. | 3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 1% of the annual worldwide turnover of the preceding business year of the provider or the other person referred to in Article 27. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider or the other person referred to in Article 27 in the preceding financial year per day, calculated from the date specified in the decision concerned. | 4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider in the preceding financial year per day, calculated from the date specified in the decision concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider or the other person referred to in Article 27 in the preceding financial year per day, calculated from the date specified in the decision concerned. | 4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily worldwide turnover of the provider or the other person referred to in Article 27 in the preceding financial year per day, calculated from the date specified in the decision concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Member States shall ensure that penalties imposed for the infringement of this Regulation do not encourage the over reporting or the removal of material which does not constitute child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Member States shall ensure that penalties imposed for the infringement of this Regulation do not encourage the over reporting or the removal of material which does not constitute child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article35a | |
| Compensation | |
| Users and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to seek, in accordance with Union and national law, compensation from providers of relevant information society services, for any damage or loss suffered due to an infringement by those providers of their obligations under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article35a | |
| Compensation | |
| Users and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to seek, in accordance with Union and national law, compensation from providers of relevant information society services, for any damage or loss suffered due to an infringement by those providers of their obligations under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Identification and submission of online child sexual abuse | Identification and submission of child sexual abuse material |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) specific items of material and transcripts of conversations that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material or the solicitation of children, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3); | (a) anonymised specific items of material that the competent judicial authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) specific items of material and transcripts of conversations that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material or the solicitation of children, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3); | (a) specific items of material that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, as applicable, for the EU Centre |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) specific items of material and transcripts of conversations that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material or the solicitation of children, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3); | (a) specific items of material that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3). | (b) specific items of material that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, as applicable, for the EU Centre |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3). | (b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove it and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, the transcripts of conversations identified as the solicitation of children, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph. | Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, encrypted copies of material identified as child sexual abuse material identified by a competent judicial authority other than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, the transcripts of conversations identified as the solicitation of children, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph. | Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, the transcripts of conversations identified as the solicitation of children, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph. | Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Upon the request of the EU Centre where necessary to ensure that the data contained in the databases referred to in Article 44(1) are complete, accurate and up-to-date, Coordinating Authorities shall verify or provide clarifications or additional information as to whether the conditions of paragraph 1, points (a) and (b) have been and, where relevant, continue to be met, in respect of a given submission to the EU Centre in accordance with that paragraph. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that, where their law enforcement authorities receive a report of the dissemination of new child sexual abuse material or of the solicitation of children forwarded to them by the EU Centre in accordance with Article 48(3), a diligent assessment is conducted in accordance with paragraph 1 and, if the material or conversation is identified as constituting child sexual abuse material or as the solicitation of children, the Coordinating Authority submits the material to the EU Centre, in accordance with that paragraph, within one month from the date of reception of the report or, where the assessment is particularly complex, two months from that date. | 3. Member States shall ensure that, where their law enforcement authorities receive a report by the EU Centre in accordance with Article 48(3), a diligent assessment is conducted in accordance with paragraph 1 and, if the material is identified as constituting child sexual abuse material, the Coordinating Authority submits the material to the EU Centre, in accordance with that paragraph, within one week from the date of reception of the report. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that, where their law enforcement authorities receive a report of the dissemination of new child sexual abuse material or of the solicitation of children forwarded to them by the EU Centre in accordance with Article 48(3), a diligent assessment is conducted in accordance with paragraph 1 and, if the material or conversation is identified as constituting child sexual abuse material or as the solicitation of children, the Coordinating Authority submits the material to the EU Centre, in accordance with that paragraph, within one month from the date of reception of the report or, where the assessment is particularly complex, two months from that date. | 3. Member States shall ensure that, where their law enforcement authorities receive a report of the dissemination of new child sexual abuse material to them by the EU Centre in accordance with Article 48(3), a diligent assessment is conducted in accordance with paragraph 1 and, if the material is identified as constituting child sexual abuse material the Coordinating Authority submits the material to the EU Centre, in accordance with that paragraph, within one month from the date of reception of the report or, where the assessment is particularly complex, two months from that date. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material or the solicitation of children, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph. | 4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within one week from the date of the reception of such assessment. Member States shall establish effective procedures that such material, including any associated data, which does not constitute child sexual abuse material is deleted from the records and databases at the Coordinating Authority and the Member States law enforcement authorities within one week after having received the notice about it. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material or the solicitation of children, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph. | 4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material or the solicitation of children, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph. | 4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the Commission has reasons to suspect that a provider of relevant information society services infringed this Regulation in a manner involving at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the Commission has reasons to suspect that a provider of relevant information society services infringed this Regulation in a manner involving at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation. | Where, in the reasoned opinion of the Commission, there are grounds to suspect that a provider of relevant information society services infringed this Regulation in a manner causing harm in at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter. |
| Text proposed by the Commission | Amendment |
|---|---|
| No action shall be taken without a decision from a court of law in the Member State where the provider of the relevant information is located; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The request or recommendation referred to in paragraph 1 shall at least indicate: | 2. The request referred to in paragraph 1 shall at least indicate: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Coordinating Authority that sent the request, or the Commission suspects, that the provider infringed this Regulation; | (b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Coordinating Authority that sent the request; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) any other information that the Coordinating Authority that sent the request, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative and suggestions for specific investigatory or enforcement measures to be taken. | (c) any other information that the Coordinating Authority that sent the request considers relevant; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) any other information that the Coordinating Authority that sent the request, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative and suggestions for specific investigatory or enforcement measures to be taken. | (c) any other information that the Coordinating Authority that sent the request, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request or recommendation referred to in paragraph 1. | The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request or recommendation referred to in paragraph 1. | The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request or recommendation and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided. | Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request and has reasons to consider that the Coordinating Authority that sent the request could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request or recommendation and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided. | Where it considers that it has insufficient information to assess the suspected infringement or to act upon the request and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, or the Commission, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, an explanation of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation. | 4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, an explanation of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, or the Commission, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, an explanation of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation. | 4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, or the Commission, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, details of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Coordinating Authorities may participate in joint investigations, which may be coordinated with the support of the EU Centre, of matters covered by this Regulation, concerning providers of relevant information society services that offer their services in several Member States. | Coordinating Authorities shall share best practice standards and guidance on the detection and removal of child sexual abuse material and may participate in joint investigations, which may be coordinated with the support of the EU Centre, of matters covered by this Regulation, concerning providers of relevant information society services that offer their services in several Member States. Those joint investigations shall also take place on the darkweb. |
| Text proposed by the Commission | Amendment |
|---|---|
| Coordinating Authorities may participate in joint investigations, which may be coordinated with the support of the EU Centre, of matters covered by this Regulation, concerning providers of relevant information society services that offer their services in several Member States. | Coordinating Authorities shall share best practice standards and guidance on the detection and removal of child sexual abuse material and may participate in joint investigations, which may be coordinated with the support of the EU Centre, of matters covered by this Regulation, concerning providers of relevant information society services that offer their services in several Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to remove content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The participating Coordinating Authorities shall make the results of the joint investigations available to other Coordinating Authorities, the Commission and the EU Centre, through the system established in accordance with Article 39(2), for the fulfilment of their respective tasks under this Regulation. | 2. The participating Coordinating Authorities shall make the results of the joint investigations available to other Coordinating Authorities and the EU Centre, through the system established in accordance with Article 39(2), for the fulfilment of their respective tasks under this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of online child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to remove content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. | 1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies including Europol, the European Union Agency for Cybersecurity (ENISA), and other organisations such as NCMEC to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. | 1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority the EU Centre and other relevant Union agencies, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. | 1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. | 2. The EU Centre shall use the software provided by eu-LISA pursuant to Regulation (EU) [Joint Investigation Teams online collaboration platform] to establish and maintain a reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. In accordance with Article 88 of Regulation (EU) 2018/1725, the EU Centre shall keep logs of its processing operations. It shall not be possible to modify the logs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. | 2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems with highest cybersecurity standards supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. | 2. The EU Centre shall establish and maintain one reliable and secure information sharing systems supporting communications between Coordinating Authorities, the EU Centre, other relevant Union agencies and providers of relevant information society services. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. | 2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, hotlines, other relevant Union agencies and providers of relevant information society services. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation. | 3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation. Regulation (EU) [Joint Investigation Teams online collaboration platform] shall apply mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation. | 3. The Coordinating Authorities, the Commission, the EU Centre, hotlines, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation. | 3. The Coordinating Authorities, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing system referred to in paragraph 2 for all relevant communications pursuant to this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall coordinate with the relevant Coordinating Authorities in order to avoid duplicated reporting on the same material that has already been reported to the national law enforcement authorities by the hotlines, and monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article39a | |
| Independence | |
| The Commission shall ensure in the draft general budget of the Union that the European Data Protection Board and European Data Protection Supervisor are provided with sufficient human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers pursuant to this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| IV EU CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE | IV JOINT CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE |
| Text proposed by the Commission | Amendment |
|---|---|
| IV EU CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE | IV EU CENTRE TO PROTECT CHILDREN |
| Text proposed by the Commission | Amendment |
|---|---|
| Establishment and scope of action of the EU Centre | Establishment and scope of action of the Joint Centre |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A European Union Agency to prevent and combat child sexual abuse, the EU Centre on Child Sexual Abuse, is established. | 1. An intergovernmental Agency to prevent and combat child sexual abuse, the Joint Centre on Child Sexual Abuse, is established. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A European Union Agency to prevent and combat child sexual abuse, the EU Centre on Child Sexual Abuse, is established. | 1. A European Union Agency to protect children, the EU Centre on Child Protection, is established. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The EU Center must be completely independent from Europol. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. | 2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. Its remit and powers shall not be expanded without prior evaluation and unanimous decision by Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. | 2. The Joint Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. | 2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting and removal , of child sexual abuse material and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. | 2. The EU Centre shall contribute to the achievement of the objectives of this Regulation by supporting and facilitating the implementation of its provisions concerning the reporting and removal of online child sexual abuse and gather and share information, educational materials, good practices and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall be a body of the Union with legal personality. | 1. The Joint Centre shall be an intergovernmental body with legal personality in a Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In each of the Member States the EU Centre shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings. | 2. In each of the Member States the EU Centre shall fully comply with and respect their laws. It may, with the consent of the Member State concerned, acquire and dispose of movable and immovable property and be party to legal proceedings. |
| Text proposed by the Commission | Amendment |
|---|---|
| The seat of the EU Centre shall be The Hague, The Netherlands. | The choice of the location of the seat of the Centre shall be made in accordance with the ordinary legislative procedure, based on the following criteria: |
| (a) it shall not affect the Centre’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; | |
| (b) it shall ensure that the Centre is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; | |
| (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; | |
| (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; | |
| (da) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; | |
| (db) it shall ensure its national Child Sexual Abuse framework is of a proven quality and repute, and shall benefit from the experience of national authorities; | |
| (dc) it shall enable adequate training opportunities for combating child sexual abuse activities; | |
| (dd) it shall enable close cooperation with EU institutions, bodies and agencies but it shall be independent of any of the aforementioned; | |
| (de) it shall ensure sustainability and digital security and connectivity with regards to physical and IT infrastructure and working conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| The seat of the EU Centre shall be The Hague, The Netherlands. | The seat of the EU Centre shall be […] |
| The choice of the location of the seat of the EU centre will be made in accordance with the ordinary legislative procedure, based on the following criteria: | |
| (a) it shall not affect the EU center's execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; | |
| (b) it shall ensure that the EU center is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; | |
| (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; | |
| (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; | |
| da) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; | |
| (db) it shall ensure its national child protection framework is of a proven quality and repute, and shall benefit from the experience of national authorities; | |
| (dd) it shall enable close cooperation with EU institutions, bodies and agencies; | |
| (de) it shall ensure digital security and connectivity with regards to physical and IT infrastructure and working conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| The seat of the EU Centre shall be The Hague, The Netherlands. | The choice of the location of the seat of the EU Centre shall be made in accordance with the ordinary legislative procedure, based on the following criteria: |
| (a) it shall not affect the EU Centre’s execution of its tasks or the organisation of its governance structure; | |
| (b) it shall ensure that the EU Centre is able to recruit the high-qualified and specialised staff it requires to perform the tasks provided by this Regulation; | |
| (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; | |
| (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; | |
| (e) it shall enable close cooperation with EU institutions, bodies and agencies; | |
| (f) it shall ensure sustainability and digital security and connectivity with regards to physical and IT infrastructure and working conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| The seat of the EU Centre shall be The Hague, The Netherlands. | . The choice of the location of the seat of the EU Centre shall be made in accordance with the ordinary legislative procedure. The following criteria shall in particular be respected when assessing the possible choices of location for the EU Center: |
| (a) it shall not affect the EU Centre’s execution of its tasks or the organisation of its governance structure; | |
| (b) it shall not comprise its independence vis-à-vis EU Member States or EU institutions, bodies and agencies, in particular Europol; | |
| (e) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| The seat of the EU Centre shall be The Hague, The Netherlands. | The seat of the EU Centre shall be in Bratislava, Slovakia. |
| Text proposed by the Commission | Amendment |
|---|---|
| The seat of the EU Centre shall be The Hague, The Netherlands. | The EU Centre shall have its seat in […] |
| Text proposed by the Commission | Amendment |
|---|---|
| 43 Tasks of the EU Centre | 43 Tasks of the EU Centre on Child Protection |
| Text proposed by the Commission | Amendment |
|---|---|
| -1 The objective of the Agency shall be to provide the relevant institutions, bodies, offices and agencies of the EU and its Member States as well as civil society organisations and research bodies when involved with implementing EU law with assistance, expertise and coordination in relation to the preventing and combating of child sexual abuse, in order to support them when taking measures or formulating courses of action within their respective spheres of competence in full respect of fundamental rights |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66; | (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(6), Article 4(5) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee and the Survivor’s Advisory Board referred to in Article 66 and 66a (new); |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66; | (a) supporting the Commission and European Data Protection Board in the preparation of the guidelines referred to in Article 3(8), Article 4(5), and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66; | (a) preparing the guidelines referred to in Article 3(8), Article 4(5), Article 6(4), including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) upon request from a provider of relevant information services, providing an analysis of anonymised data samples for the purpose referred to in Article 3(3); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) upon request from a provider of relevant information services, providing an analysis of anonymised data samples for the purpose referred to in Article 3(3); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) operating accounts, including child accounts, on publicly available number-independent interpersonal communications services and reporting relevant findings concerning the risk of solicitation of children to the Coordinating Authority of establishment; where the Centre becomes aware of potential online child sexual abuse, Article 48(3) of this Regulation shall apply mutatis mutandis; |
The risk of child grooming can be monitored by operating apparent child accounts on communications services and reporting relevant findings to the authority competent for supervising the specific measures taken by the provider. This approach may also have a deterrent effect on child solicitation. The task of operating accounts for risk monitoring does not include the incitement of criminal offences.
| Text proposed by the Commission | Amendment |
|---|---|
| (2) facilitate the detection process referred to in Section 2 of Chapter II, by: | deleted |
| (a) providing the opinions on intended detection orders referred to in Article 7(3), first subparagraph, point (d); | |
| (b) maintaining and operating the databases of indicators referred to in Article 44; | |
| (c) giving providers of hosting services and providers of interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; | |
| (d) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) facilitate the detection process referred to in Section 2 of Chapter II, by: | deleted |
| (a) providing the opinions on intended detection orders referred to in Article 7(3), first subparagraph, point (d); | |
| (b) maintaining and operating the databases of indicators referred to in Article 44; | |
| (c) giving providers of hosting services and providers of interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; | |
| (d) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) maintaining and operating the databases of indicators referred to in Article 44; | (b) maintaining and operating the databases of indicators of known child sexual abuse material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) giving providers of hosting services and providers of interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; | (c) giving providers of hosting services and providers of number-independent interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) giving providers of hosting services and providers of interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; | (c) giving providers of hosting services and providers of number independent interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) facilitate the removal process referred to in Section 4 of Chapter II and the other processes referred to in Section 5 and 6 of that Chapter, by: | (4) facilitate the removal process referred to in Section 4 of Chapter II by: |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) facilitate the removal process referred to in Section 4 of Chapter II and the other processes referred to in Section 5 and 6 of that Chapter, by: | (4) facilitate the removal process referred to in Section 4 of Chapter II and the other processes referred to in Section 6 of that Chapter, by: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) providing information and support to victims in accordance with Articles 20 and 21; | (d) providing information and support to survivors in accordance with Articles 20 and 21; |
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) conduct proactive searches of publicly accessible content on hosting services for known child sexual abuse material in accordance with Article 49; |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) support the Coordinating Authorities and the Commission in the performance of their tasks under this Regulation and facilitate cooperation, coordination and communication in connection to matters covered by this Regulation, by: | (5) support the Coordinating Authorities in the performance of their tasks under this Regulation and facilitate cooperation, coordination and communication in connection to matters covered by this Regulation, by: |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) assisting the Commission, upon its request, in connection to its tasks under the cooperation mechanism referred to in Article 37; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) assisting the Commission in the preparation of the delegated and implementing acts and the guidelines that the Commission adopts under this Regulation; | (e) assisting the Commission in the preparation of the delegated and implementing acts that the Commission adopts under this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51; | (a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51, including education, awareness raising and intervention programmes, and facilitating the drafting of recommendations and guidelines on prevention and mitigation of child sexual abuse, in particular in the digital space and taking into account technological developments; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51; | (a) collecting, recording, analysing and providing gender and age specific information, providing analysis based on anonymised and non-personal data gathering, including gender and age disaggregated data, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51; |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) supporting awareness-raising and prevention campaigns in the Union carried out by public and private bodies, stakeholders and education institutions, and elaborating best practices in this regard; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy; | (b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy and by linking researchers to practitioners; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy; | (b) supporting the development and dissemination of research and expertise on those matters and on assistance to survivors, taking into account the gender dimension, including by serving as a hub of expertise to support evidence-based policy; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy; | (b) supporting the development and dissemination of research and expertise on those matters and on assistance to survivors, including by serving as a hub of expertise to support evidence-based policy; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) providing technical expertise and promoting the exchange of best practices among Member States on raising awareness for the prevention of child sexual abuse online in formal and non-formal education. Such efforts shall be age-appropriate and gender-sensitive; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) contribute to the implementation of awareness campaigns as per the potential risks posed by the online environment to children, in order to equip them with adequate skills for detecting potential grooming and deceit, to ensure safe use of the internet by children; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) Supporting national authorities to develop age-appropriate awareness material for minors, including specific campaigns on how to avoid risks while navigating the internet. |
Hilde Vautmans, Abir Al-Sahlani, Maite Pagazaurtundúa, Olivier Chastel, Fabienne Keller, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) Referring victims to the appropriate national child protection services; |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) assisting with expertise and knowledge in the development and implementation of teacher training across the Union, in order to vest teachers with the necessary skills for guiding children on safely using information society services and detecting potentially malicious behaviour online; |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) exchanging best practices among Coordinating Authorities regarding the available tools to reduce the risk of children becoming victims of sexual abuse and to provide specialized assistance to survivors, in an age-appropriate and gender-sensitive way. |
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) Support national authorities to develop awareness raising material targeted to adults, including parents and educators. |
| Text proposed by the Commission | Amendment |
|---|---|
| (bc) supporting the collaboration of victim support services and elaborating best practices; |
| Text proposed by the Commission | Amendment |
|---|---|
| (bc) referring survivors to appropriate child protection services; |
| Text proposed by the Commission | Amendment |
|---|---|
| (bd) supporting the exchange of law enforcement agencies and providers and elaborating best practices; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) in its engagement with survivors or in any decision affecting survivors, the EU Centre shall operate in a way that minimises risks to survivors, especially children, addresses harm of survivors and meets their needs in an age-appropriate, and gender- and victim-sensitive manner. |
| Text proposed by the Commission | Amendment |
|---|---|
| (cb) create and oversee an "EU hashing list of known child sexual abuse material" and modify the content of that list, independently and autonomously and free of political, government or industry influence or interference; |
| Text proposed by the Commission | Amendment |
|---|---|
| (cc) develop, in accordance with the implementing act as referred to in Article 43a, the European Centralised Helpline for Abuse of Teenagers (eCHAT), interconnecting via effective interoperability the national hotline's helplines, allowing children to reach out 24/7 via a recognisable central helpline in an anonymous way in their own language and free of charge; |
| Text proposed by the Commission | Amendment |
|---|---|
| (cd) dispose over the resources needed to develop, where possible, open source, hashing technology tools for small and medium sized relevant information society services to prevent the dissemination of known child sexual abuse material in publicly accessible content. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ce) coordinate sharing and filter of Suspicious Activity Reports on alleged "known child sexual abuse material", operating independently, autonomously, free of political, government or industry influence or interference and in full respect of fundamental rights, including privacy and data protection. | |
| [By 1 year after entry into force] the Commission shall adopt a delegated act laying down requirements for a Suspicious Activy Reports format, as referred to in this paragraph, and the differentiation between actionable and non-actionable Suspicious Activity Reports. This delegated act shall not prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to-end encryption or be interpreted in that way. |
Effective coordination and filtering of Suspicious Activity Reports significantly alleviates the workload of law enforcement agencies. By streamlining information exchange, they can dedicate their resources more efficiently to investigating actionable cases and apprehending offenders. Furthermore, it empowers the EU Centre to produce trend reports, identify emerging patterns, and swiftly add new content to its hashing database.
| Text proposed by the Commission | Amendment |
|---|---|
| (cf) scan public servers and public communications channels for known child sexual abuse material, with proven technology, solely for the purposes of amending the EU Hashing List and flagging the content for removal to the service provider of the specific public server or public communications channel, without prejudice to Art. -3. | |
| The European Data Protection Board shall issue guidelines regarding the compliance with Regulation (EU) 2016/679 of existing and future technologies that are used for the purpose of scanning. |
Hilde Vautmans, Abir Al-Sahlani, Maite Pagazaurtundúa, Olivier Chastel, Fabienne Keller, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) support Member States in designing preventive measures, such as awareness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: | |
| (a) Acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; | |
| (b) Referring victims to the appropriate child protection services, and to pro bono legal support services; | |
| (c) Facilitating access to care qualified health support services, including mental health and psychological support; |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Evin Incir, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) support Member States in designing preventive measures, such as awarness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: | |
| a) acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; | |
| b) referring victims to the appropriate child protection services, and to pro bono legal support services. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) Establish mechanisms to listen to and incorporate the views of children in its work, in accordance with the Directive 2012/29/EU and the Charter of Fundamental Rights of the European Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6b) shall operate in a way that minimises risks to victims, especially children, when engaging with victims or in any decision affecting victims; |
| Text proposed by the Commission | Amendment |
|---|---|
| Article43a | |
| Implementing act for the interconnection of helplines | |
| 1. The national helpline referred to in Article 43 shall be interconnected via the European Centralised Helpline for Abuse of Teenagers (eCHAT) to be developed and operated by the EU Centre by ... [two years after the date of entry into force of this Regulation] | |
| 2. The Commission shall be empowered to adopt, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of national hotlines' online chat systems via eCHAT in accordance with Article 43 with regard to: | |
| (a) the technical data necessary forthe eCHAT system to perform itsfunctions and the method of storage, useand protection of that technical data; | |
| (b) the common criteria according to which national helplines shall be available through the system of interconnection of helplines; | |
| (c) the technical details on how helplines shall be madeavailable; | |
| (d) the technical conditions of availability of services provided by the system of interconnection of helplines. | |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5 of Regulation (EU) 182/2011. | |
| 3. When adopting the implementingacts referred to in paragraph 2, the Commission shall take into account proven technology and existing practices. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 44 | deleted |
| Databases of indicators | |
| 1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of online child sexual abuse: | |
| (a) indicators to detect the dissemination of child sexual abuse material previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); | |
| (b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); | |
| (c) indicators to detect the solicitation of children. | |
| 2. The databases of indicators shall solely contain: | |
| (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; | |
| (b) as regards paragraph 1, point (a), the relevant indicators shall include a list of uniform resource locators compiled by the EU Centre in accordance with paragraph 3; | |
| (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of the dissemination of known and new child sexual abuse material and language identifiers for the detection of solicitation of children. | |
| 3. | |
| The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material and the solicitation of children identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). | |
| The EU Centre shall compile the list of uniform resource locators referred to in paragraph 2, point (b), solely on the basis of the uniform resource locators submitted to it pursuant to Article 36(1), point (b). | |
| 4. The EU Centre shall keep records of the submissions and of the process applied to generate the indicators and compile the list referred to in the first and second subparagraphs. It shall keep those records for as long as the indicators, including the uniform resource locators, to which they correspond are contained in the databases of indicators referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of online child sexual abuse: | 1. The EU Centre shall create, maintain and operate databases of the following types of indicators of online child sexual abuse material: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of online child sexual abuse: | 1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of child sexual abuse material: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) indicators to detect the dissemination of child sexual abuse material previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); | (a) indicators to detect child sexual abuse material previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) indicators to detect the solicitation of children. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) indicators to detect the solicitation of children. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) indicators to detect the solicitation of children. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; | (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and number independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; | (a) relevant indicators, consisting of digital identifiers to be used to detect known child sexual abuse material, as applicable, on hosting services and number-independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; | (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known child sexual abuse material as applicable, on hosting services and number-independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) as regards paragraph 1, point (a), the relevant indicators shall include a list of uniform resource locators compiled by the EU Centre in accordance with paragraph 3; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of the dissemination of known and new child sexual abuse material and language identifiers for the detection of solicitation of children. | (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images and videos for the detection of the dissemination of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of the dissemination of known and new child sexual abuse material and language identifiers for the detection of solicitation of children. | (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of known child sexual abuse material. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material and the solicitation of children identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). | The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely from child sexual abuse material identified as such by the competent judicial authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material and the solicitation of children identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). | The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall compile the list of uniform resource locators referred to in paragraph 2, point (b), solely on the basis of the uniform resource locators submitted to it pursuant to Article 36(1), point (b). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The EU Centre shall keep records of the submissions and of the process applied to generate the indicators and compile the list referred to in the first and second subparagraphs. It shall keep those records for as long as the indicators, including the uniform resource locators, to which they correspond are contained in the databases of indicators referred to in paragraph 1. | 4. The EU Centre shall keep records of the submissions and of the process applied to generate the indicators and compile the list referred to in the first and second subparagraphs. It shall keep those records for as long as the indicators are contained in the databases of indicators referred to in paragraph 1. |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Evin Incir, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. The EU Centre shall ensure through all technical means available that the database of indicators is secure and cannot be alterated by providers, users and any other actor at the moment of its deployment for the purpose of detection. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48. | 1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48. | 1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48. | 1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where the EU Centre considered the report manifestly unfounded, the reasons and the date and time of informing the provider in accordance with Article 48(2); | (b) where the EU Centre considered the report unfounded or manifestly unfounded, the reasons and the date and time of informing the provider in accordance with Article 48(2); |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where the EU Centre considered the report manifestly unfounded, the reasons and the date and time of informing the provider in accordance with Article 48(2); | (b) where the EU Centre considered the report unfounded, the reasons and the date and time of informing the provider in accordance with Article 48(2); |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis; | (c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis; | (c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where available, information indicating that the provider that submitted a report concerning the dissemination of known or new child sexual abuse material removed or disabled access to the material; | (e) where available, information indicating that the provider that submitted a report concerning the dissemination of known sexual abuse material removed the material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where available, information indicating that the provider that submitted a report concerning the dissemination of known or new child sexual abuse material removed or disabled access to the material; | (e) where available, information indicating that the provider that submitted a report concerning the dissemination of known child sexual abuse material removed the material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where available, information indicating that the provider that submitted a report concerning the dissemination of known or new child sexual abuse material removed or disabled access to the material; | (e) where available, information indicating that the provider that submitted a report concerning the dissemination of child sexual abuse material removed or disabled access to the material; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) relevant indicators and ancillary tags associated with the reported potential child sexual abuse material. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director shall have access to and be entitled to process the data contained in the databases referred to in Articles 44 and 45. | 1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director and Data Protection Officer shall have access to and be entitled to process the data contained in the databases referred to in Articles 44 and 45. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director shall have access to and be entitled to process the data contained in the databases referred to in Articles 44 and 45. | 1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director shall have access to and be entitled to process the data contained in the databases referred to in Article 45. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. | deleted |
Hilde Vautmans, Fabienne Keller, Olivier Chastel, Maite Pagazaurtundúa, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. | 2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to put in place voluntary measures, when authorised, and execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned as well as for the execution of the voluntary measures, when authorised, and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. | 2. The EU Centre shall give providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. | 2. The EU Centre shall give providers of hosting services, providers of number-independent interpersonal communications services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection orders that they received in accordance with Articles 7. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. | 2. The EU Centre shall give providers of hosting services, providers of number-independent interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection warrants that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection warrants concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The EU Centre shall give Coordinating Authorities access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks under this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The EU Centre shall give Europol and the competent law enforcement authorities of the Member States access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks of investigating suspected child sexual abuse offences. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The EU Centre shall give Europol and the competent law enforcement authorities of the Member States access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks of investigating suspected child sexual abuse offences. | 4. The EU Centre shall give the competent law enforcement authorities of the Member States access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks of investigating suspected child sexual abuse offences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. The EU Centre shall give Europol access to the databases of indicators referred to in Article 44 only limited to specific data, such as hit/no hit procedure, and solely if necessary for the performance of their tasks of investigating cross-border cases of suspected child sexual abuse offences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU Centre shall give Europol access to the databases of reports referred to in Article 45, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offences | deleted |
it is not explained why it is necessary to grant Europol direct access to the information systems of a non-law enforcement agency, containing highly sensitive personal data, whose link to criminal activity and crime prevention may not have been established.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU Centre shall give Europol access to the databases of reports referred to in Article 45, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offences | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU Centre shall give Europol access to the databases of reports referred to in Article 45, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offences | 5. The EU Centre shall give Europol access to the databases of indicators and reports referred to in Article 44 and Article 45, solely on a case-by-case basis with cross-border elements, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offences. The EU Centre shall provide the access only where a link to criminal activity can be demonstrated by Europol and solely upon the authorisation of a request, specifying the purpose of the request, the modalities of the requested access, the intented subsequent use and the degree of access needed to achieve that purpose. The requests for the access shall be introduced via the Secure Information Exchange Network Application (SIENA). The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose. |
EDPS /EDPBOpinion Points 127-133https://edpb.europa.eu/system/files/2022-07/edpb_edps_jointopinion_202204_csam_en_0.pdf
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 and 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable. | The EU Centre shall provide the access referred to in paragraph 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 and 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable. | The EU Centre shall provide the access referred to in paragraphs 2, 3 and 4 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 and 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable. | The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order as applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose. | The EU Centre shall duly and diligently assess those requests on a case-by-case basis, and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose. Where it considers that an access request by Europol is necessary and proportionate, it shall provided the relevant data to Europol via the Secure Information Exchange Network Application (SIENA). |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose. | The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose, and in accordance with Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection and blocking in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data. | 7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection and blocking in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data. | 7. The EU Centre shall regularly verify that the data contained in the databases referred to in Article 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting in accordance with this Regulation.. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection and blocking in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data. | 7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The EU Centre shall ensure that the data contained in the databases referred to in Articles 44 and 45 is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary. | 8. The EU Centre shall ensure that the data contained in the databases referred to in Articles 44 and 45 is stored in an encrypted or protected in a similarly secure way and that the storage is subject to highest state of the art technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The EU Centre shall ensure that the data contained in the databases referred to in Articles 44 and 45 is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary. | 8. The EU Centre shall ensure that the data contained in the databases referred to in Article 45 is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article46a | |
| Logging | |
| 1. The EU Centre, the Coordinating Authorities and competent authorities shall provide for logs to be kept for at least the following processing operations, in relation to tasks performed on the basis of this Regulation: collection, alteration, consultation, disclosure including transfers, combination and erasure. | |
| 2. The logs of consultation and disclosure shall make possible to establish the justification, date and time of such operations and, as far as possible, the identification of the person who consulted or disclosed the data, and the identity of the recipients of such data. | |
| 3. The logs shall be used solely for verification of the lawfulness of processing, self-monitoring, ensuring the integrity and security of the personal data, and for criminal proceedings. | |
| 4. The EU Centre, the Coordinating Authorities and competent authorities shall make the logs available to the relevant data protection supervisory authority on request. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the types, precise content, set-up and operation of the databases of indicators referred to in Article 44(1), including the indicators and the necessary additional information to be contained therein referred to in Article 44(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the processing of the submissions by Coordinating Authorities, the generation of the indicators, the compilation of the list of uniform resource locators and the record-keeping, referred to in Article 44(3); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the processing of the submissions by Coordinating Authorities, the generation of the indicators, the compilation of the list of uniform resource locators and the record-keeping, referred to in Article 44(3); | (b) the processing of the submissions by Coordinating Authorities, the generation of the indicators referred to in Article 44(3); |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) access to the databases referred to in Articles 44 and 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) access to the databases referred to in Articles 44 and 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) access to the databases referred to in Articles 44 and 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6); | (d) access to the databases referred to in Article 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6); |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the regular verifications and audits to ensure that the data contained in those databases is complete, accurate and up-to-date referred to in Article 46(7) and the security of the storage of the data, including the technical and organisational safeguards and regular review referred to in Article 46(8). | (e) the regular verifications and audits to ensure that the data contained in this database is complete, accurate and up-to-date referred to in Article 46(7) and the security of the storage of the data, including the technical and organisational safeguards and regular review referred to in Article 46(8). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of interpersonal communications services in accordance with Article 12 to determine whether the reports are manifestly unfounded or are to be forwarded. | 1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 12 to determine whether the reports are manifestly unfounded or are to be forwarded. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of interpersonal communications services in accordance with Article 12 to determine whether the reports are manifestly unfounded or are to be forwarded. | 1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 12 to determine whether the reports are unfounded or are to be forwarded. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of interpersonal communications services in accordance with Article 12 to determine whether the reports are manifestly unfounded or are to be forwarded. | 1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of interpersonal communications services in accordance with Article 12 to determine whether the reports are unfounded or are to be forwarded. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall make a free telephone number available to users that shall provide them with assistance in the event of a suspected violation of the provisions of this regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Where the EU Centre receives a report from a Hotline, or from a provider who indicated that the report is based on the information received from a Hotline, the EU Centre shall monitor the removal of child sexual abuse material or cooperate with the Hotline to track its status to avoid duplicated reporting on the same material that has already been reported to the national law enforcement authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the EU Centre considers that the report is manifestly unfounded, it shall inform the provider that submitted the report, specifying the reasons why it considers the report to be unfounded. | 2. Where the EU Centre considers that the report is unfounded, it shall inform the provider that submitted the report, specifying the reasons why it considers the report to be unfounded. In cases of unfounded reports the EU Centre shall capture a cryptographic hash value from the reported file and shall store it together with the name of the provider who submitted the report and the date when it was submitted solely for statistical purposes. The unfounded report and any personal data related to it shall be deleted not later than 24h after the provider was informed. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the EU Centre considers that the report is manifestly unfounded, it shall inform the provider that submitted the report, specifying the reasons why it considers the report to be unfounded. | 2. Where the EU Centre considers that the report is unfounded, it shall inform the provider that submitted the report, specifying the reasons why it considers the report to be unfounded. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the EU Centre considers that a report is not manifestly unfounded, it shall forward the report, together with any additional relevant information available to it, to Europol and to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. | Where the EU Centre considers that a report is not unfounded, it shall forward the report, that is adequate, relevant and limited to what is strictly necessary together with any additional relevant information available to it, to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. |
The Proposal does not clarify what would be theadded value of Europol’s involvement or its expected role upon receiving thereports, particularly in those cases where the national law enforcementauthority has been identified and notified in parallel. A blanket forwarding of reports to Europol would thereforebe in contravention with the amended Europol Regulation and would carry anumber of data protection risks. This should explicitly exclude those circumstanceswhere reports have been transmitted to the relevant Member State law enforcementauthority, which imply no cross-border dimension.
| Text proposed by the Commission | Amendment |
|---|---|
| Where the EU Centre considers that a report is not manifestly unfounded, it shall forward the report, together with any additional relevant information available to it, to Europol and to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. | Where, after a thorough legal and factual assessment, the EU Centre considers that a report is not unfounded and actionable, it shall forward the report, together with any additional relevant information available to it to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. |
A blanket forwarding of reports to Europol would be in contravention with the amended Europol Regulation and would carry a number of data protection risks. The duplication of personal data processing could lead to multiple copies of the same highly sensitive personal data being stored in parallel (e.g. at the EU Centre, Europol, national law enforcement authority), with risks for data accuracy as a result of the potential desynchronisation of databases, as well as for the exercise of data subjects’ rights.
| Text proposed by the Commission | Amendment |
|---|---|
| Where the EU Centre considers that a report is not manifestly unfounded, it shall forward the report, together with any additional relevant information available to it, to Europol and to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. | Where the EU Centre considers that a report is not manifestly unfounded, it may forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. | Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre may forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. The report submitted to Europol shall only contain information necessary for the purpose of identifying the competent law enforcement authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. | Only where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty by a thorough factual assessment, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. . |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall: | 6. Where it is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State, the EU Centre shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where the provider that submitted the report is a provider of hosting services and the report concerns the potential dissemination of child sexual abuse material, communicate to the provider that it is not to remove or disable access to the material, specifying the time period during which the provider is not to do so. | (b) where the provider that submitted the report is a provider of hosting services and the report concerns the potential dissemination of child sexual abuse material, communicate to the provider that it is not to remove the material, specifying the time period during which the provider is not to do so. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The time periods referred to in the first subparagraph, points (a) and (b), shall be those specified in the competent law enforcement authority’s request to the EU Centre, provided that they remain limited to what is necessary to avoid interference with the relevant activities and does not exceed 18 months. | 7. The time periods referred to in the first subparagraph of paragraph 6, points (a) and (b), shall be those specified in the competent law enforcement authority’s request to the EU Centre. These time periods shall remain limited to what is necessary and proportionate in a democratic society with due regard to the fundamental rights and legitimate interests of the natural persons concerned and in any caseshall not exceed 4 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed or disabled access to the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove or disable access to the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof. | 8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed or disabled access to the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove or disable access to the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof. | 8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall: | |
| (a) refrain from forwarding the report to the competent law enforcement authority or authorities to avoid duplicated reporting on the same material that has already been reported to the national law enforcement by the hotlines; | |
| (b) monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8a. The EU Center shall not retain the personal data contained in the reports it receives for a period longer than two working days. This period may be extended by up to one week where duly justified and documented. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8b. The EU Center shall keep logs for any of the following processing operations in automated processing systems: the entry, alteration, access, consultation, disclosure, combination and erasure of personal data. The logs of consultation and disclosure shall make possible to establish the justification for, and the date and time of, such operations, the identification of the person who consulted or disclosed operational personal data, and, as far as possible, the identity of the recipients. These logs shall be used for verification of the lawfulness of processing, self-monitoring, and for ensuring its integrity and security. These logs shall be made available to the EU Centre’s data protection officer and to the EDPS on request. Such logs shall be deleted after three years, unless they are required for ongoing control. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 49 | deleted |
| Searches and notification | |
| 1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations: | |
| (a) where so requested to support a victim by verifying whether the provider of hosting services removed or disabled access to one or more specific items of known child sexual abuse material depicting the victim, in accordance with Article 21(4), point (c); | |
| (b) where so requested to assist a Coordinating Authority by verifying the possible need for the issuance of a detection order or a removal order in respect of a specific service or the effectiveness of a detection order or a removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively. | |
| 2. | |
| The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. | |
| The request shall clearly set out the identification details of the EU Centre and a contact point, the necessary information for the identification of the item or items, as well as the reasons for the request. The request shall also clearly state that it is for the provider’s voluntary consideration. | |
| 3. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall not submit a notice, for as long as necessary to avoid such interference but no longer than 18 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations: | 1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, in the following situations: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations: | 1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), point (a), in the following situations: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations: | 1. The EU Centre shall have the power to conduct searches of publicly accessible content on hosting services for known child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) in the following situations: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) where so requested to support a victim by verifying whether the provider of hosting services removed or disabled access to one or more specific items of known child sexual abuse material depicting the victim, in accordance with Article 21(4), point (c); | (a) where so requested to support a survivor by verifying whether the provider of hosting services removed one or more specific items of known child sexual abuse material depicting the survivor, in accordance with Article 21(4), point (c); |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where so requested to assist a Coordinating Authority by verifying the possible need for the issuance of a detection order or a removal order in respect of a specific service or the effectiveness of a detection order or a removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively. | (b) where so requested to assist a Coordinating Authority by verifying the possible need for a removal order in respect of a specific service or the effectiveness of a removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) proactively of its own initiative by systematically and automatically analysing and following publicly accessible uniform resource locators (web crawling). |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. | The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, the Coordinating Authoriy to request a removal order persuant to Article 14 and the providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove that item or those items. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. | The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove that item or those items, for the providers’ voluntary consideration. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall not submit a notice, for as long as necessary to avoid such interference but no longer than 18 months. | 3. Where it is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State the EU Centre shall not submit a notice. This non-submission shall be timely limited to what is necessary and proportionate in a democratic society with due regard for the fundamental rights and legitimate interests of the natural persons concerned and in any case not longer than 4 months. |
| Text proposed by the Commission | Amendment |
|---|---|
| Technologies, information and expertise | Information and expertise |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). | deleted |
| To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2). | |
| Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). | The EU Centre shall make available technologies that providers of hosting services and providers of number-independent interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). The EU Centre shall provide recommended mitigating measures and relevant best practices that are in particular effective in identifying child sexual abuse material that result from the operation of providers’ mitigating measures, in accordance with Article 4 of the Regulation. |
Javier Moreno Sánchez, Juan Fernando López Aguilar, Domènec Ruiz Devesa, Pietro Bartolo, Hilde Vautmans, Antonio López-Istúriz White, Milan Brglez, Heléne Fritzon, Estrella Durá Ferrandis, Evin Incir, Carina Ohlsson, Caterina Chinnici, Cyrus Engerer
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). | The EU Centre shall make available: |
| (i) technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). | |
| (ii) technologies that providers of end-to-end encrypted electronic communication services may acquire, install and operate, free of charge, where relevant subject to reasonable licencing conditions, to adopt the security measures imposed on them by Article 7(3)(a). |
Moritz Körner, Sophia in 't Veld, Yana Toom, Morten Petersen, Abir Al-Sahlani, Michal Šimečka, Jan-Christoph Oetjen, Svenja Hahn, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). | The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1) concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children. |
According to opinion 8787/23 of the Council’s legal service, if the Council were to decide to maintain interpersonal communications within the scope of the regime of the detection order, the regime should be targeted in such a way that it applies to persons in respect of whom there are reasonable grounds to believe that they are in some way involved in, committing or have committed a child sexual abuse offence, or have a connection, at least indirectly, with the commission of sexual abuse offences.
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). | The EU Centre shall make available technologies that providers of hosting services and providers of number independent interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall provide recommended mitigating measures and relevant best practices that are in particular effective in identifying child sexual abuse material that result from the operation of providers’ mitigating measures, in accordance with Article 4 of the Regulation. |
The EDPB and EDPS note that under Article 50 of the Proposal, the EUCentre is tasked to specify the list of the technologies that may be used forexecuting detection orders. However, according to Article 12(1) of the Proposal,providers are obliged to report all information indicating potential onlinechild sexual abuse on its services, not only the ones coming from the executionof a detection order. It is highly probable that a significant amount of suchinformation would come from the operation of providers’ mitigating measures, inaccordance with Article 4 of the Proposal. It thus seems critical to determinewhat these measures might be, their effectiveness, their error rate inreporting potential child sexual abuse, and what is their impact on the rightsand freedoms of individuals. Despite the fact that Article 4(5) of the Proposalstates that the Commission, in cooperation with Coordinating Authorities andthe EU Centre and after having conducted a public consultation, may issuerelevant guidelines, the EDPB and EDPS find it important that the legislatorincludes in Article 50 a task for the EU Centre to provide also a list ofrecommended mitigating measures and relevant best practices that are inparticular effective in identifying potential online child sexual abuse. Assuch measures may interfere with the fundamental rights to data protection andprivacy it is also recommended that the EU Centre ask for the opinion of theEDPB before issuing such a list
Moritz Körner, Sophia in 't Veld, Yana Toom, Morten Petersen, Abir Al-Sahlani, Michal Šimečka, Jan-Christoph Oetjen, Svenja Hahn, Karen Melchior
| Text proposed by the Commission | Amendment |
|---|---|
| To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2). | To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2) and Article 19a (new). |
Article 19 a (new) Respect to Privacy: Nothing in this Regulation shall be interpreted as a requirement to 1. break cryptography; 2. scan content on users’ devices; 3. restrict anonymous access to online services and software applications.
| Text proposed by the Commission | Amendment |
|---|---|
| Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. | Before including specific technologies on those lists, the EU Centre shall request the authoritative opinion of its Technology Committee and of the European Data Protection Board, which it shall fully take into account. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. EU Center shall inform the European Data Protection Board of the action it has taken following its opinion, which shall have the right to object to the inclusion of the specific technology in the lists if it deems that its opinion has not been duly taken into consideration. This opinion shall be notwithstanding the case-by-case assessment of the intended processing by the relevant controller under articles 35 and 36 of Regulation 2016/679. |
| Text proposed by the Commission | Amendment |
|---|---|
| Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. | Before including specific technologies on those lists, the EU Centre shall request the opinions of its Technology Committee and Victims’ Consultative Forum, and, upon request of the European Commission, the opinion of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. Where the EU Centre substantially deviates from those opinions, it shall inform the Technology Committee, the Victims' Consultative Forum, or the European Data Protection Board and the Commission thereof, specifying the points where it deviated and the main reasons for that deviation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. | Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee, the Experts Consultative Forum, and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. |
| Where the EU Centre substantially deviates from those opinions, it shall inform the Technology Committee or the European Data Protection Board and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. | Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within 10 weeks. That period may be extended by a further 12 weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Centre shall respect the positions and findings in the opinion provided by the European Data Protection Board before making specific technologies available. |
The Proposal does not indicate how the EU Centre will proceed after receiving an opinion by the EDPB. Recital 27 of the Proposal merely states that advice given by the EDPB should be taken into account by the EU Centre and the European Commission. It should therefore be clarified what purpose the requested opinion will serve in the process provided in Article 50 of the Proposal and how the EU Centre is to act after having received an opinion by the EDPB.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Centre shall collect, record, analyse and make available relevant, objective, reliable and comparable information on matters related to the prevention and combating of child sexual abuse, in particular: | 2. The EU Centre shall collect, record, aggregate, analyse and proactively make available relevant, objective, reliable and comparable information on matters related to the prevention and combating of child sexual abuse to relevant bodies, Member States, EU institutions and relevant civil society organisations and research institutes, in particular: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse; | (a) information obtained in the performance of its tasks under this Regulation concerning reporting and removal of online child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse; | (a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal of online child sexual abuse; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse; | (a) information obtained in the performance of its tasks under this Regulation concerning, reporting, removal or disabling of access to online child sexual abuse; |
Hilde Vautmans, Fabienne Keller, Olivier Chastel, Maite Pagazaurtundúa, Abir Al-Sahlani, Lucia Ďuriš Nicholsonová, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| (c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres and civil society organisations. | (c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres, hotlines and civil society organisations. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) information obtained in the performance of its tasks under this Regulation concerning victim assistance and support. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. | 3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. The EU Centre shall support Member States and the Coordinating Authorities in conducting research, taking into account national specificities. The collected knowledge shall serve as a tool to elaborate prevention methods adapted and implemented by Coordinating Authorities in each Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The outcome of researches, surveys or studies carried out or led by the EU Centre shall be made publicly available. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The EU Centre shall provide the information referred to in paragraph 2 and the information resulting from the research, surveys and studies referred to in paragraph 3, including its analysis thereof, and its opinions on matters related to the prevention and combating of online child sexual abuse to other Union institutions, bodies, offices and agencies, Coordinating Authorities, other competent authorities and other public authorities of the Member States, either on its own initiative or at request of the relevant authority. Where appropriate, the EU Centre shall make such information publicly available. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. | 5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. Communication campaigns shall be easily understandable and accessible to all children, their families and educators in formal, and non-formal education in the Union, aiming to improve digital literacy and ensure a safe digital environment for children. Communication campaigns shall take into account the gender dimension of the crime. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. | 5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. Communication campaigns shall be easily understandable and accessible to all children, their families and educators in formal, and non-formal education in the Union, aiming to improve digital literacy and foster a safe digital environment for children. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. | 5. The EU Centre shall liase with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. |
Connections
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Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2023). “AMENDMENTS 1333 - 1718 - Draft report Laying down rules to prevent and combat child sexual abuse”. Text, 28 July 2023. docId LIBE-AM-749191. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-749191 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/LIBE-AM-749191 (CC BY 4.0).
BibTeX
@misc{epw-text-libe-am-749191,
author = {{European Parliament}},
title = {{AMENDMENTS 1333 - 1718 - Draft report Laying down rules to prevent and combat child sexual abuse}},
year = {2023},
date = {2023-07-28},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-749191}},
url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-749191},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId LIBE-AM-749191. Data: EP Open Data API: document record (CC BY 4.0)}
}