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Combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)

Document LIBE-AM-766594 · COM(2024)0060 – C9-0028/2024 – 2024/0035(COD)

Kind
Amendment list LIBE-AM-766594
Date
14 November 2024
Committee
Committee on Civil Liberties, Justice and Home Affairs
Dossier
2024/0035(COD)
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Formats
Official page PDF Word
Reference
COM(2024)0060 – C9-0028/2024 – 2024/0035(COD)
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Amendment 377

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Nathalie Loiseau

Proposal for a directive

Article 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article5a
Instructions manuals on how to commit the offences listed in Articles 3, 4, 5, 6 and 7
1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable.
2. Acquisition or possession of instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years.
3. Knowingly obtaining access, including by means of information and communication technology, to instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years.
4. Distribution, dissemination or transmission of child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years.
5. Offering, supplying or making available child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years.
6. Production of child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 8 years.

Or. en

Amendment 378

Sebastian Tynkkynen

Proposal for a directive

Article 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article5a
Offences concerning child sexual abuse manuals
1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable.
2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years.
3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years.
4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years.
5. Paragraphs 7 and 8 of Article 5 shall apply to child sexual abuse instruction manuals, mutatis mutandis.

Or. en

Justification

Manuals providing instructions on how to commit child sexual abuse (’paedophile manuals’) should be in a separate provision instead of being part of the definition of child sexual abuse. This accounts for the inherent differences in the illicit material and avoids unforeseen consequences for other legal acts relying on the definition of child sexual abuse material in the CSA Directive. The manuals themselves are not CSAM and should not be treated as such, even though producing or distributing them is criminalized. Also it is important to clarify that the criminalisation of "providing advice on how to find, groom and abuse children and avoid being identified and prosecuted" should not cover general advice on privacy, anonymity online and avoid surveillance which are essential for protection of basic human rights of individual citicens.

Amendment 379

Saskia Bricmont

Proposal for a directive

Article 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 5a
Offences concerning child sexual abuse manuals
1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable;
2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years;
3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years;
4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years;
5. Paragraphs 7 and 8 of Article 5 shall apply to child sexual abuse instruction manuals, mutatis mutandis.

Or. en

Justification

CSA instruction manuals should be addressed as a separate offence to avoid criminalising possible legitimate reasons for possessing information contained in these instruction manuals (e.g. journalists, researchers).

Amendment 380

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera

Proposal for a directive

Article 6 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that the following intentional conduct committed by an adult is punishable as follows :1. Member States shall take the necessary measures to ensure that the following intentional conduct committed by an adult or by a peer is punishable as follows :

Or. fr

Amendment 381

Verena Mertens

Proposal for a directive

Article 6 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that the following intentional conduct committed by an adult is punishable as follows :1. Member States shall take the necessary measures to ensure that the following intentional conduct is punishable as follows :

Or. en

Amendment 382

Isabel Serra Sánchez

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. en

Amendment 383

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. en

Amendment 384

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. en

Justification

For internal logic of the text.

Amendment 385

Verena Mertens

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. en

Amendment 386

Saskia Bricmont

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. en

Amendment 387

Jeroen Lenaers

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. en

Amendment 388

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 6 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 2 years;

Or. ro

Amendment 389

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Or. fr

Justification

Keeping the conjunction ‘and’ would mean that the production of child sexual abuse material would always have to be part of the purpose of proposed meetings which are the subject of this article, if the intention is for such proposals to be punishable. But it is obviously proposals with the intention of committing any of the offences concerned that we want to punish.

Amendment 390

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 6 – paragraph 1 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a a) The conduct referred to in the first subparagraph does not cover consensual relationships between peers who are close in age and degree of psychological and physical development and maturity, provided that there is no element of coercion, abuse of trust or dependency between the peer;

Or. en

Amendment 391

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 6 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force or threats.(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 5 years where use is made of coercion, force or threats.

Or. ro

Amendment 392

Verena Mertens

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

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

Or. en

Amendment 393

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

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

Or. ro

Amendment 394

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

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

Or. en

Amendment 395

Verena Mertens

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

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

Or. en

Amendment 396

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats.The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats, including the threat of sharing or disseminating intimate or manipulated materials.

Or. en

Amendment 397

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats.The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least two and a half years where use is made of coercion, force or threats.

Or. ro

Amendment 398

Isabel Serra Sánchez

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

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

Or. en

Amendment 399

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 1 year.

Or. ro

Amendment 400

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

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

Or. en

Amendment 401

Verena Mertens

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

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

Or. en

Amendment 402

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

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

Or. en

Amendment 403

Isabel Serra Sánchez

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

Or. en

Amendment 404

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats.The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least two and a half years where use is made of coercion, force or threats.

Or. ro

Amendment 405

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 6 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

Or. en

Amendment 406

Jeroen Lenaers

Proposal for a directive

Article 7 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Solicitation of sexual abuseSolicitation to commit sexual abuse or exploitation including live streaming

Or. en

Amendment 407

Saskia Bricmont

Proposal for a directive

Article 7 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Solicitation of sexual abuseInciting someone to commit child sexual abuse and exploitation

Or. en

Justification

Clarification of the tittle of the Article for better understanding

Amendment 408

Isabel Serra Sánchez

Proposal for a directive

Article 7 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Solicitation of sexual abuseInciting someone to commit child sexual abuse and exploitation

Or. en

Amendment 409

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 7 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Solicitation of sexual abuseSolicitation to commit sexual abuse or exploitation

Or. en

Amendment 410

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 7 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Solicitation of sexual abuseSolicitation of child sexual abuse and exploitation

Or. en

Amendment 411

Verena Mertens

Proposal for a directive

Article 7 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, including if the conduct was carried out using information and communication technology, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.

Or. en

Amendment 412

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 7 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.Member States shall take the necessary measures to ensure that intentionally promising or giving a third person money, or other form of remuneration or consideration, including by means of information and communication technology, to cause this person to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.

Or. en

Amendment 413

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 7 – paragraph 1

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

Or. ro

Amendment 414

Jadwiga Wiśniewska

Proposal for a directive

Article 7 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that publicly promote or praise the offences listed in Article 3 to Article 9 is punishable by a maximum term of imprisonment of at least 3 years.

Or. en

Amendment 415

Sebastian Tynkkynen

Proposal for a directive

Article 8 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.1. Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.
2. Paragraph 1 shall be without prejudice to the exemptions from liability for providers of information society services provided for by Articles 4 to 6 of Regulation (EU) 2022/2065 (the Digital Services Act).

Or. en

Justification

It should be clarified explicitly in the text that offering private communications services or participating in or otherwise supporting the running of distributed anonymity networks and other encrypted messaging services would not be a criminal activity. The wording should also align with the recital 20 of the DSA.

Amendment 416

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 8 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 10 years.

Or. en

Amendment 417

Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska

Proposal for a directive

Article 8 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 2 years.

Or. ro

Amendment 418

Saskia Bricmont

Proposal for a directive

Article 8 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.1. Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service with the main purpose of facilitating the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 2 year.

Or. en

Justification

Alignment with recital 20 of the Digital Services Act (see also justification for the proposed recital 23 a).

To mirror the penalty for similar types of offences in Article 5(4)&(5) - distribution, dissemination, transmission & offering, supplying, making available CSAM.

Amendment 419

Saskia Bricmont

Proposal for a directive

Article 8 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Paragraph 1 shall be without prejudice to the exemptions from liability for providers of information society services provided for by Articles 4 to 6 of Regulation (EU) 2022/2065 (the Digital Services Act).

Or. en

Justification

Clarifying that criminalisation of operating the service assumes that the DSA liability exemptions do not apply.

Amendment 420

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 10 – paragraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1. Member States should ensure that peers are protected from prosecution for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers;

Or. en

Amendment 421

Saskia Bricmont

Proposal for a directive

Article 10 – paragraph 1

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

Or. en

Amendment 422

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. It shall be within the discretion of Member States to decide whether Article 3(2) and (4) apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.1. Member States shall ensure that Article 3(2), (4) and (7) do not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse or any other act constitutive of sexual violence.

Or. en

Amendment 423

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 10 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. It shall be within the discretion of Member States to decide whether Article 3(2) and (4) apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.1. Member States shall ensure that Article 3(2), (4) and (7) do not apply to consensual sexual activities between peers, provided that there is no element of coercion, abuse of trust or dependency between the peers.

Or. en

Amendment 424

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 10 – paragraph 1

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

Or. en

Justification

For consistency with AM in article 10(4).

Amendment 425

Verena Mertens

Proposal for a directive

Article 10 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States should ensure that peers are protected from prosecution for consensual, non-exploitative sexual activity, provided there is no element of coercion, abuse of trust, or dependency involved between them.

Or. en

Amendment 426

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States should ensure that peers should not be criminalised for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers.

Or. en

Amendment 427

Saskia Bricmont

Proposal for a directive

Article 10 – paragraph 2

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

Or. en

Amendment 428

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 2

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

Or. en

Amendment 429

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 10 – paragraph 2

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

Or. en

Amendment 430

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 10 – paragraph 2

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

Or. en

Justification

For consistency with AM in article 10(4).

Amendment 431

Saskia Bricmont

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
It shall be within the discretion of Member States to decide whether Article 5(2), (3), (4) and (6) apply to the production, acquisition or possession of , or access to, material which exclusively involves:Article 5(2), (3), (4) and (6) shall not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Or. en

Amendment 432

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
It shall be within the discretion of Member States to decide whether Article 5(2), (3), (4) and (6) apply to the production, acquisition or possession of , or access to, material which exclusively involves:Member States shall ensure that Article 5(2), (3), (4) and (6) do not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Or. en

Amendment 433

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
It shall be within the discretion of Member States to decide whether Article 5(2), (3), (4) and (6) apply to the production, acquisition or possession of , or access to, material which exclusively involves:Member States shall ensure that Article 5(2), (3), (4) and (6) do not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Or. en

Amendment 434

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
It shall be within the discretion of Member States to decide whether Article 5(2), (3), (4) and (6) apply to the production, acquisition or possession of , or access to, material which exclusively involves:Member States shall ensure that Article 5(2), (3), (4) and (6) shall not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Or. en

Justification

For consistency with AM in article 10(4).

Amendment 435

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) children who have reached the age of sexual consent , ordeleted

Or. en

Amendment 436

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, in so far as the acts did not involve any abuse.where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, provided that there is no element of coercion, abuse of trust or dependency between the peers.

Or. en

Amendment 437

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 10 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. It shall be within the discretion of Member States to decide whether Article 6 applies to proposals, conversations, contacts or exchanges between peers.4. Member States shall ensure that Article 6 does not apply to proposals, conversations, contacts or exchanges between peers, provided that there is no element of coercion, abuse of trust or dependency between the peers.

Or. en

Amendment 438

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 10 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. It shall be within the discretion of Member States to decide whether Article 6 applies to proposals, conversations, contacts or exchanges between peers.4. Member States shall ensure that Article 6 shall not apply to proposals, conversations, contacts or exchanges between peers, in so far as they did not involve any abuse.

Or. en

Amendment 439

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. It shall be within the discretion of Member States to decide whether Article 6 applies to proposals, conversations, contacts or exchanges between peers.4. Member States shall ensure that Article 6 does not apply to proposals, conversations, contacts or exchanges between peers.

Or. en

Amendment 440

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, András László

Proposal for a directive

Article 10 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.deleted
Consent can be withdrawn at any moment.
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.

Or. fr

Justification

The proposal to delete this paragraph stems from the rejection, by the Council, of an approach to the concept of sexual abuse based on the victim’s lack of consent in Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence. We should adopt an approach based on a lack of proper consent having been received by the perpetrator, for which paragraph 2 gives an example.

Amendment 441

Sebastian Tynkkynen

Proposal for a directive

Article 10 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.deleted
Consent can be withdrawn at any moment.
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.

Or. en

Justification

The proposed paragraphs (5) and (6) of Article 10 go beyond the aim to establish minimum rules concerning the definitions of criminal offences and sanctions as provided by Article 83 of the TFEU. General rules and principles on consent belong to the general part of the criminal law, hence, they should not be provided in the Directive and paragraphs (5) and (6) deleted.

Amendment 442

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.
A child above the age of sexual consent cannot be considered to have consented when the child was unable to form a free will due to the presence of the circumstances described in Article 3(5) or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury.

Or. en

Amendment 443

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. A child above the age of sexual consent cannot be considered to have consented when the child was unable to form a free will due to the presence of the circumstances described in Article 3(5) or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury.

Or. en

Amendment 444

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.For the purpose of paragraphs 1 to 4, where a child above the age of sexual consent has consented to an activity, they can withdraw their consent at any moment.

Or. en

Justification

The definition of consent is moved to Article 2

Amendment 445

Fabienne Keller, Hilde Vautmans, Lucia Yar, Abir Al-Sahlani, Veronika Cifrová Ostrihoňová, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

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

Or. en

Amendment 446

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Consent can be withdrawn at any moment.deleted

Or. en

Justification

Text is moved to the paragraph above.

Amendment 447

Fabienne Keller, Hilde Vautmans, Lucia Yar, Abir Al-Sahlani, Veronika Cifrová Ostrihoňová, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past conduct.

Or. en

Amendment 448

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.Child’s silence, verbal or physical non-resistance or past conduct cannot be considered as having given consent.

Or. en

Justification

Amendment introduced for clarity and readability of the paragraph.

Amendment 449

Sebastian Tynkkynen

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.deleted

Or. en

Justification

The proposed paragraphs (5) and (6) of Article 10 go beyond the aim to establish minimum rules concerning the definitions of criminal offences and sanctions as provided by Article 83 of the TFEU. General rules and principles on consent belong to the general part of the criminal law, hence, they should not be provided in the Directive and paragraphs (5) and (6) deleted.

Amendment 450

Loucas Fourlas

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video. Any subsequent sharing or dissemination, whether by the original recipient or any other party, shall require explicit, informed consent from the individual depicted, and failure to obtain such consent shall be considered a violation of privacy rights, subject to prosecution.

Or. en

Amendment 451

Isabel Serra Sánchez

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.6. Consensual sharing of one’s intimate images, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image, videos or similar material, including in a manipulated or altered version. Member States shall take criminalise the further sharing or dissemination of these materials.

Or. en

Amendment 452

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.6. Consensual sharing of one’s intimate images, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image, video or similar material, including in a manipulated or altered version.

Or. en

Amendment 453

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video, including in a manipulated or altered version.

Or. en

Amendment 454

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.6. For the purpose of paragraphs 1 to 4, consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.

Or. fr

Amendment 455

Saskia Bricmont

Proposal for a directive

Article 10 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further distribution, dissemination or transmission of that same image or video.

Or. en

Justification

Now aligned with language in Article 5(4).

Amendment 456

Saskia Bricmont

Proposal for a directive

Article 11 – paragraph 1 – point -a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-a) the offence was committed against a child who has not reached the age of consent

Or. en

Justification

Mirroring changes made in article 3 & 4

Amendment 457

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 11 – paragraph 1 – point -a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(-a) the age of the child against whom the offence was committed;

Or. en

Justification

Needed for consistency with amendments on aligning maximum sentences in article 3. Age is moved here as an aggravating circumstance instead.

Amendment 458

Isabel Serra Sánchez

Proposal for a directive

Article 11 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;(a) the offence was committed against a child in a particularly vulnerable situation, such as a young child, a child with a mental or physical disability, a child who is seen as not conforming to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics, a child in alternative care, children in situation of migration both unaccompanied or accompanied, or a child with a mental or physical condition or disability, in a situation of dependence or in a state of physical or mental incapacity;

Or. en

Amendment 459

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 11 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;(a) the offence was committed against a child in a particularly vulnerable situation, such as a young child, a child with a mental or physical disability, a child who is seen as not conforming to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics, or a child in a situation of dependence or in a state of physical or mental incapacity;

Or. en

Amendment 460

Saskia Bricmont

Proposal for a directive

Article 11 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence, living in an institutionalized environment, or in a state of physical or mental incapacity, or a child deprived of liberty;

Or. en

Justification

High risk group; mirrors Victim's Rights Directive concerns for victims deprived of liberty.

Amendment 461

Jeroen Lenaers

Proposal for a directive

Article 11 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental, intellectual or physical disability, in a situation of dependence or in a state of physical or mental incapacity;

Or. en

Amendment 462

Fredis Beleris

Proposal for a directive

Article 11 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;(a) the offence was committed against a child in any vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;

Or. en

Amendment 463

Saskia Bricmont

Proposal for a directive

Article 11 – paragraph 1 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a a) the offence was committeed due to a motive based on one or more grounds protected under Article 21 of the Charter of Fundamental Rights and resulted in either a direct or an indirect discrimination, prohibited under EU law;

Or. en

Amendment 464

Fabienne Keller, Hilde Vautmans, Lucia Yar, Abir Al-Sahlani, Veronika Cifrová Ostrihoňová, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 11 – paragraph 1 – point g

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(g) the offence involved serious violence or caused serious harm to the child ;(g) the offence involved serious violence or caused serious physical or psychological harm to the child ;

Or. en

Amendment 465

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 11 – paragraph 1 – point h

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(h) the offence was committed repeatedly;(h) the offence or another criminal offence of child sexual abuse or sexual exploitation was committed repeatedly;

Or. en

Amendment 466

Isabel Serra Sánchez

Proposal for a directive

Article 11 – paragraph 1 – point h

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(h) the offence was committed repeatedly;(h) the offence was committed repeatedly, and or continuously over a period of time;

Or. en

Amendment 467

Evin Incir

Proposal for a directive

Article 11 – paragraph 1 – point h a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(h a) the intention of the offence was to preserve or restore the so-called ‘honour’ of a person, a family, a community or another similar group;

Or. en

Amendment 468

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 11 – paragraph 1 – point h a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(h a) the offender posed as a minor or a peer;

Or. en

Amendment 469

Alessandro Zan, Marina Kaljurand, Caterina Chinnici, Hilde Vautmans, Evin Incir, Veronika Cifrová Ostrihoňová, Francisco Assis, Merja Kyllönen, Pina Picierno, Birgit Sippel, Antonio López-Istúriz White, Anna Stürgkh, François-Xavier Bellamy, Cecilia Strada

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j a) the offence was committed due to a motive based on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation as per Article 21 of the Charter of Fundamental Rights of the European Union.

Or. en

Amendment 470

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j a) the offence was committed due to a motive based on one or more than one grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either a direct or an indirect discrimination, prohibited under EU law.

Or. en

Amendment 471

Isabel Serra Sánchez

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j a) the offence was committed exploiting one or more than one grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either a direct or an indirect discrimination, prohibited under EU law;

Or. en

Amendment 472

Jadwiga Wiśniewska

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j a) (k) the offence was committed with particular cruelty

Or. en

Amendment 473

Alessandro Zan, Caterina Chinnici, Hilde Vautmans, Evin Incir, Veronika Cifrová Ostrihoňová, Francisco Assis, Merja Kyllönen, Pina Picierno, Antonio López-Istúriz White, Cecilia Strada

Proposal for a directive

Article 11 – paragraph 1 – point j b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j b) the offence was committed within the context of a conversion therapy practice

Or. en

Amendment 474

Isabel Serra Sánchez

Proposal for a directive

Article 11 – paragraph 1 – point j b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j b) the offence was committed within the context of a conversion therapy practice;

Or. en

Amendment 475

Isabel Serra Sánchez

Proposal for a directive

Article 12 – paragraph 1

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

Or. en

Amendment 476

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 12 – paragraph 1

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

Or. en

Amendment 477

Saskia Bricmont

Proposal for a directive

Article 12 – paragraph 1

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

Or. en

Justification

We would like to ensure as many as possible types of contacts with children are covered.

Amendment 478

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 12 – paragraph 2

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

Or. en

Amendment 479

Isabel Serra Sánchez

Proposal for a directive

Article 12 – paragraph 2

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

Or. en

Amendment 480

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 12 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State, in accordance with human and children's rights standards. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.

Or. en

Amendment 481

Isabel Serra Sánchez

Proposal for a directive

Article 12 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9, or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State in accordance with human and children’s rights. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.

Or. en

Amendment 482

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 12 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information from the authorities to the requesting party concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.

Or. en

Justification

Correction of wording for the logic of the text.

Amendment 483

Saskia Bricmont

Proposal for a directive

Article 12 – paragraph 3

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

Or. en

Justification

With the deletion, the sentence did not make sense anymore. We tried to clean it up by re-arranging the end of the paragraph.

Amendment 484

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 12 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications referred to in paragraphs 3 are guided by human and children’s rights standards.

Or. en

Amendment 485

Isabel Serra Sánchez

Proposal for a directive

Article 12 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States must ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications mentioned in paragraphs 3 are guided by human and children’s rights.

Or. en

Amendment 486

Loucas Fourlas

Proposal for a directive

Article 14 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) exclusion from entitlement to public benefits or aid;(a) permanent exclusion from entitlement to public benefits or aid;

Or. en

Amendment 487

Loucas Fourlas

Proposal for a directive

Article 14 – paragraph 1 – point f a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(f a) mandatory public disclosure of the conviction, including the publication of the identities, photographs, and relevant personal details of those responsible through media outlets or public statements, to ensure full accountability and deter future offences.

Or. en

Amendment 488

Verena Mertens

Proposal for a directive

Article 15 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities shall not prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).

Or. en

Amendment 489

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 15 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities do not prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).

Or. en

Amendment 490

Isabel Serra Sánchez

Proposal for a directive

Article 15 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities do not prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).

Or. en

Amendment 491

Jeroen Lenaers

Proposal for a directive

Article 16 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Investigation and prosecution and limitation periodsInvestigation and prosecution

Or. en

Amendment 492

Assita Kanko

Proposal for a directive

Article 16 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall take the necessary measures to ensure that they set up or maintain specialised investigation and prosecution units and services to investigate and prosecute the offences referred to in this Directive.

Or. en

Justification

Just as with other areas of crime, in order to be sufficiently effective it is necessary that Member States set up or maintain specialised units to deal with the criminal offences referred to in this Directive.

Amendment 493

Jeroen Lenaers

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

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

Or. en

Amendment 494

Isabel Serra Sánchez

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

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

Or. en

Amendment 495

Verena Mertens

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time to guarantee the right of every victim to access justice at least until after the victim has reached the age of 53 years old.

Or. en

Amendment 496

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (4), (5), (6), (7) and (8), of any offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8, for a sufficient period of time to guarantee the right of every victim to access justice and at least until the victim has reached 58 years old.

Or. en

Amendment 497

Jeroen Lenaers

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2

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

Or. en

Amendment 498

Isabel Serra Sánchez

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
This period of time referred to in the first subparagraph shall be:This period of time referred to in the first subparagraph shall be at least 40 years from the date the victim has reached the age of majority.
The period of time referred to in the second subparagraph shall be interrupted by any act initiating the judicial proceedings or any subsequent proceedings for offences listed in paragraph 2 first subparagraph conducted against the same offender.
If the offender commits another offence listed in paragraph 2 first subparagraph before the expiry of the limitation period, the limitation period of the initial offence is prolonged until the the date on which the limitation period for the new offence expires.

Or. en

Amendment 499

Isabel Serra Sánchez

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;deleted

Or. en

Amendment 500

Verena Mertens

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;(a) at least 35 years from the date the victim has reached the age of majority;

Or. en

Amendment 501

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Or. en

Amendment 502

Assita Kanko

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Or. en

Amendment 503

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;(a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Or. en

Amendment 504

András László

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;(a) the statute of limitations does not expire for the offences of sexual abuse and sexual exploitation against minors, as set out under this Directive;

Or. hu

Justification

We can never be strict enough when it comes to child protection, and therefore any criminal sexual offence committed against children is to be subject to the most severe punishment.

Amendment 505

Isabel Serra Sánchez

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;deleted

Or. en

Amendment 506

Verena Mertens

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;deleted

Or. en

Amendment 507

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;deleted

Or. en

Amendment 508

András László

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;deleted

Or. hu

Amendment 509

Assita Kanko

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

Or. en

Amendment 510

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

Or. en

Amendment 511

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.deleted

Or. en

Amendment 512

Verena Mertens

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.deleted

Or. en

Amendment 513

Isabel Serra Sánchez

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.deleted

Or. en

Amendment 514

András László

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.deleted

Or. hu

Amendment 515

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.(c) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

Or. en

Amendment 516

Assita Kanko

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.(c) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

Or. en

Amendment 517

Saskia Bricmont

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 10 years of imprisonment.

Or. en

Justification

See also Art. 23(3)(d) (new)

Amendment 518

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 16 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. The period of time referred to in the second subparagraph shall be interrupted by any act initiating the judicial proceedings or any subsequent proceedings for offences listed in paragraph 2 first subparagraph conducted against the same offender.

Or. en

Amendment 519

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 16 – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 b. If the offender commits another offence listed in paragraph 2 first subparagraph before the expiry of the limitation period, the limitation period of the initial offence is prolonged until the the date on which the limitation period for the new offence expires.

Or. en

Amendment 520

Jeroen Lenaers

Proposal for a directive

Article 16 – paragraph 3

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

Or. en

Amendment 521

Jeroen Lenaers

Proposal for a directive

Article 16 – paragraph 4

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

Or. en

Amendment 522

Verena Mertens

Proposal for a directive

Article 16 – paragraph 4

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

Or. en

Amendment 523

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 16 – paragraph 4

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

Or. en

Amendment 524

Isabel Serra Sánchez

Proposal for a directive

Article 16 – paragraph 4

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

Or. en

Amendment 525

Jeroen Lenaers

Proposal for a directive

Article 16 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 16a
Limitation periods
Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.
This period of time referred to in the first subparagraph shall be:
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

Or. en

Amendment 526

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 17 – paragraph 2

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

Or. en

Amendment 527

Isabel Serra Sánchez

Proposal for a directive

Article 17 – paragraph 2

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

Or. en

Amendment 528

Saskia Bricmont

Proposal for a directive

Article 17 – paragraph 2

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

Or. en

Justification

Linguistics

Amendment 529

Jeroen Lenaers

Proposal for a directive

Article 17 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall ensure that at least professionals working in close contact with children in the child protection, education, childcare and health care sectors are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.3. Member States shall ensure that all professionals and volunteers working in close contact with children, including in the child protection, education, childcare and health care sectors, as well as legal professionals, teachers and educators, family court judges and front-line police officers are informed and trained to recognise abuse. These professionals and volunteers are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed, always taking into consideration the best interest of the child.

Or. en

Amendment 530

Isabel Serra Sánchez

Proposal for a directive

Article 17 – paragraph 3

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

Or. en

Amendment 531

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès

Proposal for a directive

Article 17 – paragraph 3

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

Or. en

Amendment 532

Moritz Körner

Proposal for a directive

Article 17 – paragraph 3

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

Or. en

Justification

Physicians must have the right to inform the competent authorities if the welfare of the child is at risk. At the same time, physicians warn that an obligation to inform the competent authorities will be counterproductive as it will reduce victims' readiness to contact a physician in the first place.

Amendment 533

Saskia Bricmont

Proposal for a directive

Article 17 – paragraph 3

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

Or. en

Justification

Concerns that an obligation to report for healthcare sector could prevent children from getting necessary medical treatment. In order to ensure professional secrecy, we would suggest to keep possibility and not the obligation to report.

Amendment 534

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 17 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Or. en

Amendment 535

Isabel Serra Sánchez

Proposal for a directive

Article 17 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Or. en

Amendment 536

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 17 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall exempt professionals working in the health care sectors in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.4. Member States shall exempt persons working in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Or. fr

Justification

This amendment seeks to allow professionals and volunteers working in fields other than strictly healthcare (for example, prevention or referral to appropriate services) to carry out their tasks without losing the trust of the people who turn to them for treatment. Otherwise, if associations were obliged to report facts of which they become aware, they would cease to perform a useful activity because the people concerned would no longer call on their services.

Amendment 537

Jeroen Lenaers

Proposal for a directive

Article 17 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall exempt professionals working in the health care sectors in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.4. Member States shall exempt professionals active in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Or. en

Amendment 538

Saskia Bricmont

Proposal for a directive

Article 17 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall exempt professionals working in the health care sectors in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.4. Member States shall exempt professionals working in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Or. en

Amendment 539

Verena Mertens

Proposal for a directive

Article 17 – paragraph 4 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4 b. Member States shall ensure the availability of accessible, visible, clear, user-friendly reporting mechanisms in line with Barnahus quality standards.

Or. en

Amendment 540

Milan Uhrík

Proposal for a directive

Article 17 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Member States, supported by the EU Centre once established, shall issue guidelines for the persons referred to in paragraph 3 on identifying whether an offence punishable under this Directive has been committed or is likely to be committed and on reporting to competent authorities. Such guidelines shall also indicate how to address the specific needs of victims.5. Member States, supported by the EU Centre once established, shall issue guidelines for the persons referred to in paragraph 3 on identifying whether an offence punishable under this Directive has been committed or is likely to be committed and on reporting to competent authorities. Such guidelines shall also indicate how to address the specific needs of victims, while taking into account national practices and standards.

Or. en

Amendment 541

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 18 – paragraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing;

Or. en

Amendment 542

Isabel Serra Sánchez

Proposal for a directive

Article 18 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report, through diversified mechanisms and not limiting it to the criminal proceedings, the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Or. en

Amendment 543

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 18 – paragraph 1

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

Or. en

Amendment 544

Saskia Bricmont

Proposal for a directive

Article 18 – paragraph 1

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

Or. en

Amendment 545

Verena Mertens

Proposal for a directive

Article 18 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall ensure the availability of accessible, visible, clear, user-friendly reporting mechanisms in line with Barnahus quality standards.

Or. en

Amendment 546

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 18 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure reporting is not conditional upon parental consent.2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are accessible, clear, user-friendly, anonymous, safe, confidential, available in official and widely spoken languages, and designed in a child-friendly, trauma-informed and gender sensitive manner and language, in accordance with their age and maturity. Member States shall ensure appropriate information and awareness about reporting procedures and available support services. Member States shall ensure reporting is not conditional upon parental consent.

Or. en

Amendment 547

Isabel Serra Sánchez

Proposal for a directive

Article 18 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure reporting is not conditional upon parental consent.2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are accessible, diversified, safe, confidential, available in offical and widely spoken languages, and designed in a child-friendly manner and language, in accordance with their age, maturity and specific needs and conditions. Member States shall ensure reporting is not conditional upon parental consent.

Or. en

Amendment 548

Isabel Serra Sánchez

Proposal for a directive

Article 18 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States shall set age and need-appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology. Member States should also encourage and support, including financially, other reporting mechanisms, notably:
(a) the development of dedicated helplines and hotlines, including but not only under the number 116 000 for missing children,
(b) the appointment of well-being officers by online platforms, specifically trained to receive, assess and report suspicion of child sexual abuse and exploitation.
Member States shall ensure that these reporting systems are fully integrated into national child protection systems.

Or. en

Amendment 549

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 18 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States should encourage and support, including financially, other reporting mechanisms, notably :
(a) the development of dedicated helplines and hotlines, including but not only under the number 116 000 for missing children;
(b) the appointment of well-being officers by online platforms, specifically trained to receive, assess and report suspicion of child sexual abuse and exploitation. Member States shall ensure that these reporting systems are fully integrated into national child protection systems.

Or. en

Amendment 550

Saskia Bricmont

Proposal for a directive

Article 18 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus’ model quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Or. en

Amendment 551

Saskia Bricmont

Proposal for a directive

Article 18 – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 b. Member States shall ensure appropriate information and awareness about reporting procedures and available support services.

Or. en

Amendment 552

Isabel Serra Sánchez

Proposal for a directive

Article 18 – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 b. Member States shall ensure that reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Or. en

Amendment 553

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 18 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.3. Member States shall ensure that, with due regard to the fact that reporting an act which may constitute a criminal offence and participating in a criminal proceeding under this Directive does not create any rights regarding the residence status of the victim, or have any suspensive effect when determining their residence status, the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.

Or. fr

Justification

Drafting aligned with the text adopted on the same subject by Parliament on the revision of the Victims’ Rights Directive (amendment 45 of the report of 25 March 2024 on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JAI – COM (2023)0424 – C9-0303/2023 – 2023/0250(COD)).

Amendment 554

Saskia Bricmont

Proposal for a directive

Article 18 – paragraph 3

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

Or. en

Justification

Creating a safe and trusted environment for all victims, regardless of their residence status, to report abuse and seek support or healthcare, is essential, not only for the dignity and safety of that victim, but also for increasing the chance that the perpetrator will not have the opportunity to re-offend.

Amendment 555

Isabel Serra Sánchez

Proposal for a directive

Article 18 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall ensure that primary carers, specifically mothers acting in the child’s best interest to prevent harm, shall not face criminal charges or civil liabilities for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse. Protective actions shall not be grounds for civil lawsuits, including but not limited to defamation, alienation, or custody interference, provided these actions were taken with the reasonable belief that they were necessary for the child’s safety.

Or. en

Amendment 556

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 19 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the offender is one of their nationals.(b) the offender is one of their nationals or residents.

Or. en

Amendment 557

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 19 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 , 6 and 8 , and in so far as is relevant, in Articles 3 , 4, 7 and 9 , is committed by means of information and communication technology accessed from their territory, whether or not it is based on their territory.3. Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 , 6 and 8 , and in so far as is relevant, in Articles 3 , 4, 7 and 9 , is committed by means of information and communication technology accessed from their territory, whether or not the intermediary service provider is based on their territory.

Or. en

Justification

Correction of wording for logic of the text.

Amendment 558

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 19 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. For the prosecution of any of the offences referred to in Article 3(4), (5) , (6), (7), and (8), Article 4(2), (3), (5), (6) and (7) , Article 5(6) , Article 7 and Article 8 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the acts are a criminal offence at the place where they were performed.4. For the prosecution of any of the offences referred to in Article 3(4), (5) , (6), (7), and (8), Article 4(2), (3), (5), (6) and (7) , Article 5(6) , Article 7 and Article 8 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subject to the condition that the conduct referred to in those Articles is punishable as a criminal offence in the State where it was carried out.

Or. en

Justification

Correction of wording for logic of the text.

Amendment 559

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 19 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. For the prosecution of any of the offences referred to in Articles 3 to 9 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.5. For the prosecution of any of the offences referred to in Articles 3 to 9 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subject to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.

Or. en

Justification

Consistency with AM in 19(4).

Amendment 560

Milan Uhrík

Proposal for a directive

Article 19 – paragraph 6

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

Or. en

Amendment 561

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 20 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child irrespective of whether they have filed a formal complaint.

Or. en

Justification

Consistency with other amendments.

Amendment 562

Saskia Bricmont

Proposal for a directive

Article 20 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.1. Member States shall ensure that child victims of the offences referred to in Articles 3 to 9 are provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.

Or. en

Justification

Clarification on whom this is an obligation.

Amendment 563

Fredis Beleris

Proposal for a directive

Article 20 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account as an absolute priority the best interests of the child.

Or. en

Amendment 564

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 20 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article20a
Specialist support for child victims of child sexual abuse or sexual exploitation
1. Member States shall provide for appropriately equipped and easily accessible referral centres for victims of child sexual abuse or exploitation that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence.
The centres referred to in the first subparagraph shall provide trauma-sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims, after the offence has been committed.
Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations. Those examinations may be provided in the centres referred to in this paragraph or by referral to specialised centres or units.
Member States shall ensure coordination between the referral centres and competent medical and forensic centres. All services referred to in this Article shall be provided in a child-friendly manner.
2. Member States shall provide for child victims of sexual abuse or exploitation to have timely access to healthcare services, including sexual and reproductive healthcare services, in accordance with national law.
3. The services referred to in paragraphs 1 and 2 of this Article shall be available free of charge, without prejudice to those services that are provided for under the national healthcare system, and accessible every day of the week.
4. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2 across the Member State.
5. Member States may provide that these centres are attached to the centres established under Article 28 of Directive (EU) 2024/1385 on combating violence against women and domestic violence.

Or. en

Justification

Needed for consistency with AM in article 21(4).

Amendment 565

Verena Mertens

Proposal for a directive

Article 21 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Assistance and support to victimsAssistance and support to victims and survivors

Or. en

Amendment 566

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 21 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Assistance and support to victimsAssistance and support to victims and survivors

Or. en

Amendment 567

Isabel Serra Sánchez

Proposal for a directive

Article 21 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Assistance and support to victimsAssistance and support to victims and survivors

Or. en

Amendment 568

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 21 – paragraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1. Member States shall establish age-appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation.

Or. en

Amendment 569

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims and survivors as soon as a report is made both (a) without the existence of a criminal proceeding and, (b) if it is the case, during criminal proceedings and for as long as needed after the conclusion of criminal proceedings and on an opt-out basis in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims and adult survivors of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family.

Or. en

Amendment 570

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 21 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims and survivors as soon as a report is made, during criminal proceedings and for as long as needed after the conclusion of criminal proceedings and on an opt-out basis in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences and survivors referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family, in line with the best interest of the child.

Or. en

Amendment 571

Verena Mertens

Proposal for a directive

Article 21 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims and survivors before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims and survivors of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family, in line with the best interest of the child.

Or. en

Amendment 572

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 21 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family, in line with the best interest of the child.

Or. en

Amendment 573

Saskia Bricmont

Proposal for a directive

Article 21 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall establish age-appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation in line with Barnahus’ model standards.

Or. en

Amendment 574

Verena Mertens

Proposal for a directive

Article 21 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall establish age-appropriate, multidisciplinary, interagency structures to respond to child sexual abuse and exploitation.

Or. en

Amendment 575

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, age-appropriate, trauma-informed and gender-sensitive, medical care, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250).

Or. en

Amendment 576

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, need and age-appropriate, trauma-informed, gender-sensitive medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology.

Or. en

Amendment 577

Verena Mertens

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, age-appropriate and trauma-informed medical care, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed using information and communication technology.

Or. en

Amendment 578

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology.

Or. en

Amendment 579

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Member States shall take the necessary measures to ensure that victims are provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.

Or. fr

Amendment 580

Saskia Bricmont

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Victims shall be provided with comprehensive, specialized, coordinated, age-appropriate medical care, gender sensitive, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.

Or. en

Justification

Changes made to mirror implementation of the Barnahus model of child friendly justice.

Amendment 581

Fredis Beleris

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse and the specific needs of each victim.

Or. en

Amendment 582

Jeroen Lenaers

Proposal for a directive

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.2. Member states shall provide coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support to victims, as well as any other appropriate support tailored in particular to situations of sexual abuse.

Or. en

Amendment 583

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States shall, in particular, take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250).

Or. en

Amendment 584

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 b. Member States shall set age-appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology.

Or. en

Amendment 585

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László

Proposal for a directive

Article 21 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.3. Member States shall take the necessary measures to ensure that, where it is necessary to provide for interim accommodation, children are, as a priority, placed with other family members, where necessary in temporary or permanent housing, equipped with support services.

Or. fr

Amendment 586

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 21 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members taking into account the best interest of the child, where necessary in temporary or permanent housing, equipped with support services.

Or. en

Amendment 587

Jeroen Lenaers

Proposal for a directive

Article 21 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.3. Where it is necessary, Member States shall provide children with interim accommodation. Children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.

Or. en

Amendment 588

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 21 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.3. Member States shall take the necessary measures to ensure that the need for and the type of interim accommodation is assessed with the best interest of the child as primary consideration.

Or. en

Amendment 589

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 21 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to their mental or physical disabilities in line with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] of the proposed Recast Victims’ Rights Directive (2023/0250).

Or. en

Justification

For consistency purposes with the EU Law acquis, it is needed to make an express reference of the proposed Recast on the Victims' Rights Directive.

Amendment 590

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 21 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26 .deleted
26 COM(2022) 105 of 08.03.2022.

Or. en

Justification

See new article 20a.

Amendment 591

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László

Proposal for a directive

Article 21 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26.4. Member States shall take the necessary measures to ensure that victims of offences punishable under this Directive have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26.
26 COM(2022) 105 of 08.03.2022.26 COM(2022) 105 of 08.03.2022.

Or. fr

Amendment 592

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs and concerns.6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and child survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Or. en

Amendment 593

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 21 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs and concerns.6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and child survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Or. en

Amendment 594

Saskia Bricmont

Proposal for a directive

Article 21 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs and concerns.6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, vulnerabilities, needs and concerns.

Or. en

Justification

Changes made to mirror implementation of the Barnahus model of child friendly justice.

Amendment 595

Verena Mertens

Proposal for a directive

Article 21 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs and concerns.6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs and concerns.

Or. en

Amendment 596

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 21 – paragraph 6 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6 a. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to abusive material depicting them hosted or disseminated in the EU. Member States shall set up cooperation mechanisms with third-countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.

Or. en

Justification

same as above

Amendment 597

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 21 – paragraph 7 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7 a. Child victims shall have the right to receive, upon their request and on an opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU. Member States shall take specific measures to ensure victims are informed about the potential impact of this request and have access to assistance and support throughout the process.

Or. en

Justification

same as above.

Amendment 598

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 8 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8 a. Member States shall ensure that victims, survivors and their family receive tailored age-appropriate information about their right to support and assistance and processes to be followed, in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].
Member States shall take specific measures for child victims and survivors to ensure appropriate communication adapted to the child's age, maturity, needs and specific vulnerabilities.
Persons with disabilities shall have the right to ask and receive such information in an accessible manner to them.

Or. en

Amendment 599

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 8 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8 b. Victims and survivors shall have the right to receive, upon their request and on opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU.Member States shall take specific measures to ensure victims and survivors are informed about the potential impact of this request and have access to assistance and support throughout the process.

Or. en

Amendment 600

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 8 c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8 c. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU.Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to material hosted or disseminated in the EU depicting them. Member States shall set up cooperation mechanisms with third-countries to facilitate non-EU victims’ request for removal and access to support and protection as well as judicial cooperation.

Or. en

Amendment 601

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 8 d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8 d. Member States shall offer the victims and survivors resilience training and education on victimisation, including understanding the impact of trauma, victims and survivors’ rights and childen’s rights, expanding the knowledge on the available support services, and creating guidelines to identify signs of victimisation and how to best assist.

Or. en

Amendment 602

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 21 – paragraph 9 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
9 a. Member States shall ensure that victims, survivors and their family receive tailored age-appropriate information about their right to support and assistance and processes to be followed, in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall take specific measures for child victims and survivors to ensure appropriate communication adapted to the child's age, maturity, needs and specific vulnerabilities. Persons with disabilities shall have the right to ask and receive such information in a manner accessible to them;

Or. en

Amendment 603

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 21 – paragraph 9 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
9 b. Victims and survivors shall have the right to receive, upon their request and on opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU . Member States shall take specific measures to ensure victims and survivors are informed about the potential impact of this request and have access to assistance and support throughout the process.

Or. en

Amendment 604

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 21 – paragraph 9 c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
9 c. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to material hosted or disseminated in the EU depicting them. Member States shall set up cooperation mechanisms with third-countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.

Or. en

Amendment 605

Isabel Serra Sánchez

Proposal for a directive

Article 21 – paragraph 10

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
10. Member States, supported by the EU Centre once established, shall issue guidelines for healthcare, education and social service professionals on providing appropriate support to victims of child sexual abuse or exploitation, including on referring victims to the relevant support services and clarifying roles and responsibilities. Such guidelines shall also indicate how to address the specific needs of victims.10. Member States, supported by the EU Centre once established, shall issue guidelines for healthcare, education and social service professionals on providing appropriate support to victims of child sexual abuse or exploitation, including on referring victims to the relevant support services and clarifying roles and responsibilities. Such guidelines shall also indicate how to address the specific needs of victims. Such guidelines should serve as a basic example, but the efforts of Member States should not be limited to them alone. It is essential that these guidelines are designed and implemented in close cooperation with regional and local administrations, as well as with non-governmental organisations and experts. The entire process should be led, guided, and directed by the best interests of the child as a full rights-holder. In this way, a truly comprehensive and effective approach to protecting minors from abuse and exploitation will be ensured.
The guidelines for healthcare, education and social service professionals should include protocols aimed at protecting children who may be victims of sexual violence. Such protocols should be based on key principles to prioritise the safety of the victim, namely: (a) Best interests of the child. Every decision must focus on safeguarding the child’s well-being and safety above all other interests. (b) Confidentiality. It is crucial to protect the privacy of the child to avoid re-victimization and stigmatisation. Information should only be shared with authorised professionals. (c) No re-victimisation. Avoid repeating questions and examinations, as this can cause additional trauma. Communication and proceedings should be tailored and limited to what is necessary. (d) Universality and non-discrimination. All children should have equal access to protection, regardless of gender, ethnicity, disability, or other factors. (e) Gender approach. The protocol should take into account gender differences and how they may affect the experience of abuse and the support process.

Or. en

Amendment 606

Saskia Bricmont

Proposal for a directive

Article 22 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Protection of child victims in criminal investigations and proceedingsProtection of children in criminal investigations and proceedings

Or. en

Amendment 607

Verena Mertens

Proposal for a directive

Article 22 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Protection of child victims in criminal investigations and proceedingsProtection of children in criminal investigations and proceedings

Or. en

Amendment 608

Isabel Serra Sánchez

Proposal for a directive

Article 22 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Protection of child victims in criminal investigations and proceedingsProtection of children in investigations and proceedings

Or. en

Amendment 609

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 22 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Protection of child victims in criminal investigations and proceedingsProtection of children in investigations and proceedings

Or. en

Amendment 610

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 22 – paragraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child-friendly justice. All authorities involved in the proceedings should be trained in child friendly justice.

Or. en

Amendment 611

Saskia Bricmont

Proposal for a directive

Article 22 – paragraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child-friendly justice. All authorities involved in the proceedings should be trained in child friendly justice.

Or. en

Amendment 612

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 22 – paragraph -1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1 a. Member States shall ensure that where child victims participate in criminal proceedings, they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Or. en

Amendment 613

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 22 – paragraph -1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
-1 b. Member States shall ensure that child victims receive age-appropriate information about their rights and the processes to be followed in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].

Or. en

Amendment 614

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 22 – paragraph 1

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

Or. en

Amendment 615

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.1. Member States shall take the necessary measures to ensure that both in criminal and no criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.

Or. en

Amendment 616

Verena Mertens

Proposal for a directive

Article 22 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall ensure that all investigations and proceedings involving children are conducted in alignment with child-friendly justice principles. All authorities involved in these proceedings should receive training in child-friendly justice practices. Member States shall also ensure that child victims participating in criminal proceedings are promptly provided with appropriate support and protection at every stage of the investigation and legal process, with careful consideration of the child’s views, needs, specific vulnerabilities, and concerns.

Or. en

Amendment 617

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child-friendly justice. All authorities involved in the proceedings should be trained in child friendly justice and protection and social services.

Or. en

Amendment 618

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 b. Member States shall ensure that where child victims participate in criminal proceedings, they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Or. en

Amendment 619

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 1 c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 c. Member States shall ensure that child victims receive need and age-appropriate information about their rights and the processes to be followed in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].

Or. en

Amendment 620

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 1 d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 d. Member States shall ensure that both criminal and non-criminal investigations and proceedings do not lead to a process of re-victimization of the child.

Or. en

Amendment 621

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 1 e (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 e. Member States shall take the necessary measures to ensure that children are heard and listened to with full guarantees and without age restrictions, ensuring, in any case, that this process is universally accessible in all administrative, judicial, or other proceedings related to the accreditation of violence and the reparation of victims. Member States shall take the necessary measures to prevent theoretical approaches or unscientific criteria that presume interference or adult manipulation, such as the so-called parental alienation syndrome, from being considered.

Or. en

Amendment 622

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 3 – point e a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e a) the interviews and any sharing of information by the child victim should be done with the child’s consent unless the consent itself is a reason for significant risk of harm.

Or. en

Amendment 623

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 22 – paragraph 3 – point f a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(f a) the interviews and any sharing of information by the child victim should be done with the child’s consent unless the consent itself is a reason for significant risk of harm.

Or. en

Amendment 624

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded, with informed consent of the child victim and parent/legal guardian, when that parent/legal guardian is not involved in the crime committed, and and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Or. en

Amendment 625

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 22 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded with informed consent of the child victim and parent/legal guardian, when that parent/legal guardian is not involved in the crime committed and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Or. en

Amendment 626

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 22 – paragraph 4

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

Or. en

Justification

Child witnesses covered by several paragraphs via additional paragraph 7a.

Amendment 627

Saskia Bricmont

Proposal for a directive

Article 22 – paragraph 4

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

Or. en

Justification

Technological update

Amendment 628

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 22 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings. Member States shall ensure these measures apply to all children, including those alleged as, accused of or convicted of a crime. who are suspects or accused persons in criminal proceedings in line accordances with the safeguards set out in Directive Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Or. en

Amendment 629

Isabel Serra Sánchez

Proposal for a directive

Article 22 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in judicial proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age, maturity and specific needs in the relevant investigation and judicial proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of or convicted of a crime.

Or. en

Amendment 630

Saskia Bricmont

Proposal for a directive

Article 22 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age and maturity in the relevant court proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of, or convicted of a crime.

Or. en

Amendment 631

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 22 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in judicial proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age and maturity in the relevant court proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of or convicted of a crime.

Or. en

Amendment 632

Jeroen Lenaers

Proposal for a directive

Article 22 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s vulnerabilities in the relevant court proceedings, including age, maturity and mental and physical wellbeing.

Or. en

Amendment 633

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 22 – paragraph 7 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7 a. Paragrapghs 3 to 7 shall apply to child witnesses who are not themselves victims.

Or. en

Amendment 634

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 22 – paragraph 7 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7 b. Member States shall ensure that all protection measures devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.

Or. en

Justification

For consistency with a mirroring provision in article 28.

Amendment 635

Verena Mertens

Proposal for a directive

Article 23 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Victim’s right to compensationVictim’s and survivor's right to compensation

Or. en

Amendment 636

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 23 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Victim’s right to compensationVictim’s and survivor's right to compensation

Or. en

Amendment 637

Isabel Serra Sánchez

Proposal for a directive

Article 23 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Victim’s right to compensationVictim’s and survivor’s right to compensation

Or. en

Amendment 638

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 23 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Victim’s right to compensationVictim’s right to claim compensation

Or. fr

Amendment 639

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 23 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure clear, trauma-informed and victim-sensitive procedural rules for compensation. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14, from organisations whose staff, contractors and volunteers work in close contact with children when there has been a culpable breach of their safeguarding obligation of care towards the victim and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Or. en

Amendment 640

Saskia Bricmont

Proposal for a directive

Article 23 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. . Member States shall ensure clear, trauma-informed and victim-sensitive procedural rules for compensation. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Or. en

Amendment 641

Isabel Serra Sánchez

Proposal for a directive

Article 23 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Or. en

Amendment 642

Verena Mertens

Proposal for a directive

Article 23 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Or. en

Amendment 643

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 23 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have the right to claim compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Or. fr

Amendment 644

Isabel Serra Sánchez

Proposal for a directive

Article 23 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall ensure that the right to reparation or mitigation of its effects is not fulfilled solely through the right to compensation, but rather through comprehensive reparation beyond economic means. Economic compensation as the only form of reparation shall not serve as a mitigating factor for the penalty.

Or. en

Amendment 645

Isabel Serra Sánchez

Proposal for a directive

Article 23 – paragraph 3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The period referred to in the first subparagraph shall be:3. The period referred to in the first subparagraph shall be at least 40 years from the date the victim has reached the age of majority.

Or. en

Amendment 646

Isabel Serra Sánchez

Proposal for a directive

Article 23 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;deleted

Or. en

Amendment 647

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 23 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;(a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

Or. en

Amendment 648

Assita Kanko

Proposal for a directive

Article 23 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

Or. en

Amendment 649

Isabel Serra Sánchez

Proposal for a directive

Article 23 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;deleted

Or. en

Amendment 650

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 23 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;deleted

Or. en

Amendment 651

Assita Kanko

Proposal for a directive

Article 23 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;

Or. en

Amendment 652

Isabel Serra Sánchez

Proposal for a directive

Article 23 – paragraph 3 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.deleted

Or. en

Amendment 653

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 23 – paragraph 3 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.deleted

Or. en

Amendment 654

Assita Kanko

Proposal for a directive

Article 23 – paragraph 3 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.(c) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.

Or. en

Amendment 655

Saskia Bricmont

Proposal for a directive

Article 23 – paragraph 3 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 10 years.

Or. en

Justification

See also Article 16(2)(d) (new)

Amendment 656

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 23 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall ensure that when victims are not legally able to request compensation from the offender during criminal proceedings due to his/ her death, unfitness to stand trial or any other similar legal reason they are still able to request compensation during civil proceedings against any of the other liable parties mentioned in paragraph one.

Or. en

Amendment 657

Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 23 – paragraph 3 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 b. Member States shall ensure that victims are able to directly request compensation during civil proceedings without previously having to initiate, participate or cooperate with criminal proceedings. Their ability to get compensation during civil proceedings should not be made conditional on their willingness to initiate or cooperate in a criminal investigation, prosecution or trial.

Or. en

Amendment 658

Jeroen Lenaers

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall establish national authorities or equivalent entities to carry out the following activities:Member States shall establish or appoint national authorities or equivalent entities to carry out the following activities:

Or. en

Amendment 659

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 24 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31.In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31.
The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.

Or. en

Amendment 660

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 24 – paragraph 2 – subparagraph 1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
These national authorities may be the authorities established under Article 25 of Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse].

Or. fr

Justification

Emphasises the possibility set out in recital 41.

Amendment 661

Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy

Proposal for a directive

Article 24 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The EU Centre for Child Protection, once established, shall support national authorities in carrying out the activities listed in this article.

Or. en

Justification

This Directive should ensure that the EU Centre for Child Protection, once established, supports these national authorities in carrying out their duties.

Amendment 662

Isabel Serra Sánchez

Proposal for a directive

Article 24 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.

Or. en

Amendment 663

Assita Kanko

Proposal for a directive

Article 25 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to tackle child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation with the EU Centre and the Commission.Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to tackle child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, including those operating hotlines and helplines, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation among Member States, with the EU Centre and the Commission and other EU instutions, agencies and bodies, as well as international partners.

Or. en

Justification

Child sexual abuse and especially the dissemination of child sexual abuse material knows no borders. Coordination and cooperation needs to take place, therefore, at national, European and international level.

Amendment 664

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 25 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to tackle child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation with the EU Centre and the Commission.Pursuant to the provisions of Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation with the EU Centre and the Commission.

Or. fr

Justification

Since the matter is dealt with directly by the Regulation referred to, it cannot be the subject of a competing provision stemming from this Directive.

Amendment 665

Saskia Bricmont

Proposal for a directive

Article 25 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 25a
International Cooperation
Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member State’s competent authorities, Europol, Eurojust and the EU center shall, within their respective competences and in the limits of their respective remit, cooperate with competent authorities of third countries in the fight against the criminal offences referred to in Articles 3, 4, 5, 6, 7 and 8 in full respect of fundamental rights and international law.

Or. en

Amendment 666

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 26 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Measures against advertising abuse opportunities and the sexual abuse and sexual exploitation of children in travel and tourismTravelling for the purpose of sexual abuse and sexual exploitation of children

Or. en

Justification

The measures proposed in the original article 26 as well as additional measures are split into this article and new articles below. The structure of the text is inspired by the corresponding part in the Terrorism Directive.

Amendment 667

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 26 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take appropriate measures to prevent or prohibit:Each Member State shall take the necessary measures to ensure that travelling to a country other than that Member State for the purpose of committing, or contributing to the commission of any of the offences referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.

Or. en

Justification

The measures proposed in the original article 26 as well as additional measures are split into this article and new articles below. The structure of the text is inspired by the corresponding part in the Terrorism Directive.

Amendment 668

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 26 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8 ; anddeleted

Or. en

Justification

The measures proposed in the original article 26 as well as additional measures are split into this article and new articles below. The structure of the text is inspired by the corresponding part in the Terrorism Directive.

Amendment 669

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 26 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the organisation for others, whether or not for commercial purposes, of travel arrangements with the purpose of committing any of the offences referred to in Articles 3 , 4 and 5.deleted

Or. en

Justification

The measures proposed in the original article 26 as well as additional measures are split into this article and new articles below. The structure of the text is inspired by the corresponding part in the Terrorism Directive.

Amendment 670

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo

Proposal for a directive

Article 26 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article26a
Organising or otherwise facilitating travelling for the purpose of sexual abuse and sexual exploitation of children
Member States shall take the necessary measures to ensure that any act of organisation or facilitation for others, whether or not for commercial purposes, that assists any person in travelling for the purposes of committing any offences as referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.

Or. en

Justification

Consistency with amendments in article 26.

Amendment 671

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 26 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article26b
Other offences related to sexual abuse and sexual exploitation of children
Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children, include the following intentional acts:
(a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8; and;
(b) extortion with a view to committing one of the offences listed in Articles 3 to 8;
(c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8.

Or. en

Justification

Consistency with amendments in article 26.

Amendment 672

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 27 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed. This shall include channels with a low threshold of access such as helplines and online chats run by appropriately trained personnel. Member States shall equally ensure that resources and support groups are available for persons who fear that their family member might have committed any of the offences referred to in Articles 3 to 9.

Or. en

Justification

Consistency with amendment in article 28(4).

Amendment 673

Milan Uhrík

Proposal for a directive

Article 27 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.1. Member States shall take the necessary measures to ensure that individuals who have tendencies or concerns that they may commit any of the offenses referred to in Articles 3 to 9 are required to undergo specialized and effective intervention programs or measures. These programs and measures shall be designed to rigorously assess and minimize the risk of such offenses being committed and may include participation in monitoring and evaluation sessions as determined by the competent authorities.

Or. en

Amendment 674

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 27 – paragraph 1

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

Or. en

Amendment 675

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 27 – paragraph 2

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

Or. en

Amendment 676

Saskia Bricmont

Proposal for a directive

Article 27 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States shall ensure that the competent authorities coming in contact with persons who fear that they might commit any of the offences referred to in Articles 3 to 9 are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities.

Or. en

Justification

Aligned with Article 18(3).

Amendment 677

Saskia Bricmont

Proposal for a directive

Article 28 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, through national action plans including education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures. Member States shall integrate sexual and affective education, digital literacy and safe online practices in school curriculums and promote them in communities.

Or. en

Amendment 678

Paolo Inselvini

Proposal for a directive

Article 28 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns, particularly for families, the main protagonists in preventing abuse and protecting victims, on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .

Or. it

Amendment 679

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 28 – paragraph 1

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

Or. fr

Justification

Political drafting changed to legislative drafting.

Amendment 680

Jeroen Lenaers

Proposal for a directive

Article 28 – paragraph 1 a (new)

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

Or. en

Amendment 681

Geadis Geadi, Emmanouil Fragkos, Ivaylo Valchev, Georgiana Teodorescu, Alberico Gambino

Proposal for a directive

Article 28 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children becoming victims of sexual abuse or sexual exploitation; they shall not engage in strategies that promote the WOKE agenda.
At the same time, sex education in the schools of those Member States that implement it shall focus on informing pupils with a view to protecting them and making them aware so that they do not fall victim to sexual abuse or exploitation, and shall not distort this end, for instance to promote the WOKE agenda and other types of families other than the traditional family.

Or. el

Amendment 682

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 28 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.2. Member States shall develop national action plan to prevent and tackle child sexual abuse and exploitation. Member States shall take appropriate actions, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material on how to identify, prevent and report child sexual abuse and exploitation, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation. Member States should integrate sexual education, digital literacy and safe online practices in school curriculum and promoted in communities.

Or. en

Amendment 683

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, material, age-appropriate sexual and emotional education programs for children, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness, supporting children to recognise sexual violence, understand their rights and therefore reduce the risk of children, becoming victims of sexual abuse or sexual exploitation.

Or. en

Amendment 684

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo

Proposal for a directive

Article 28 – paragraph 2

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

Or. en

Amendment 685

Assita Kanko

Proposal for a directive

Article 28 – paragraph 2

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

Or. en

Justification

In addition to the measures already indicated, it is necessary to highlight the importance of online prevention measures, including targeted programmes educating children about issues such as hiding behind fake identities, dissemination of supposedly private messages and sextortion.

Amendment 686

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States shall ensure the right to sexual education and safe online and offline practices, as well as the proper use of the internet and new technologies, as a requisite to identify situations of sexual violence, including abuse and sexual exploitation.

Or. en

Amendment 687

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 28 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall promote regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.3. Member States shall offer regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation based on the guidelines as referred to in article 17(5). This training shall be made mandatory for the professionals referred to in article 17(3).

Or. en

Justification

Consistency with text in article 17.

Amendment 688

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 28 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall promote regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.3. Member States shall ensure mandatory regular training , including in child friendly justice for all professionals and volunteers recruited for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, including but not limited to judges, child protection professionals, child care, healthcare professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

Or. en

Amendment 689

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall promote regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.3. Member States shall ensure regular and specialised training, including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including, but not limited to, child protection professionals, legal professionals, child care, healthcare professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

Or. en

Amendment 690

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities, with strict regard, in the latter case, for the specific nature of their activity and the national legislation applicable to religious practice.

Or. fr

Justification

Second proposal.

Amendment 691

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.Member States shall take appropriate measures to ensure the prevention of child sexual abuse in all community settings and organisations whose staff and volunteers work in close contact with children, including schools, hospitals, daycare centres, social care services, sports clubs or religious communities.

Or. en

Amendment 692

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.Member States shall take appropriate measures to the prevention of child sexual abuse in all organisations whose staff and volunteers work in close contact with children, including schools, hospitals, social care services, sports clubs or religious communities.

Or. en

Amendment 693

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, sports clubs or religious communities.

Or. en

Amendment 694

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services or sports clubs

Or. fr

Justification

First proposal.

Amendment 695

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) dedicated training and awareness raising activities for staff working in such settings;(a) dedicated training and awareness raising activities for staff and volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

Or. en

Amendment 696

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) dedicated training and awareness raising activities for staff working in such settings;(a) dedicated training and awareness raising activities for staff and volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

Or. en

Amendment 697

Saskia Bricmont

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) dedicated training and awareness raising activities for staff working in such settings;(a) dedicated training and awareness raising activities for staff and volunteers working in such settings;

Or. en

Amendment 698

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;(b) mandatory Child Safeguarding Policies explaining how to prevent and respond to child sexual abuse and exploitation, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

Or. en

Amendment 699

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point b

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

Or. en

Amendment 700

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) the creation of safe spaces, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.(c) the creation of safe and accessible spaces, such as confidential helplines or platforms, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.

Or. en

Amendment 701

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) the creation of helplines, online chats or other channels with a low-threshold of access run by appropriately trained personnel, where children can discuss matters that are concerning to them and can be provided with advice.

Or. en

Amendment 702

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) criminal background checks for abusive behavior;

Or. en

Amendment 703

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities, children in contexts of migration, both unaccompanied or accompanied, or children who do not conform to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics.

Or. en

Amendment 704

Paolo Inselvini

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, especially children with mental or physical disabilities.

Or. it

Amendment 705

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, András László

Proposal for a directive

Article 28 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. The EU Centre, once established, shall proactively support Member States’ prevention efforts by:deleted
(a) inviting other Union institutions, bodies, offices and agencies, as well as relevant authorities, bodies or agencies of the Member States, to share information about prevention measures and programmes in the field of child sexual abuse and sexual exploitation whenever appropriate and at least once a year;
(b) collecting information on prevention measures and programmes in the field of child sexual abuse and exploitation, including measures and programmes implemented in third countries;
(c) facilitating the exchange of best practices among Member States and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.

Or. fr

Justification

A directive cannot determine the action of an agency of the European Union; only a regulation can. This article should therefore be incorporated into the Regulation, while this Directive can only, possibly, refer to it by providing the relevant reference to the Regulation at the same time.

Amendment 706

Saskia Bricmont

Proposal for a directive

Article 28 – paragraph 5 – point c

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

Or. en

Amendment 707

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 5 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) issue guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual violence, regardless of criminal proceedings, to ensure the protection and safeguarding of the child’s best interests.

Or. en

Amendment 708

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès

Proposal for a directive

Article 28 – paragraph 5 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) issuing guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.

Or. en

Amendment 709

Saskia Bricmont

Proposal for a directive

Article 28 – paragraph 5 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) issue guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.

Or. en

Amendment 710

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 28 – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5 a. Member States should ensure that the actions listed in the above paragraph are evidence-based and take into account the evolving manifestations of the offences listed in the Directive, including online.

Or. en

Amendment 711

Isabel Serra Sánchez

Proposal for a directive

Article 28 – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5 a. Member States should ensure that the actions listed in the above paragraph are evidence-based and take into account the evolving manifestations of the offences listed in the Directive, including online.

Or. en

Amendment 712

Isabel Serra Sánchez

Proposal for a directive

Article 29 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Intervention programmes or measures on a voluntary basis in the course of or after criminal proceedingsIntervention programmes or measures in the course of or after criminal proceedings

Or. en

Amendment 713

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 29 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Intervention programmes or measures on a voluntary basis in the course of or after criminal proceedingsIntervention programmes or measures in the course of or after criminal proceedings

Or. en

Amendment 714

Isabel Serra Sánchez

Proposal for a directive

Article 29 – paragraph 3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall take the necessary measures to ensure that the following persons may have access to the intervention programmes or measures referred to in paragraph 1:3. Member States shall take the necessary measures to ensure that persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9, under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence have access to the intervention programmes or measures referred to in paragraph 1.

Or. en

Amendment 715

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 29 – paragraph 3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall take the necessary measures to ensure that the following persons may have access to the intervention programmes or measures referred to in paragraph 1:3. Member States shall take the necessary measures to ensure that

Or. en

Amendment 716

Isabel Serra Sánchez

Proposal for a directive

Article 29 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9 , under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence; anddeleted

Or. en

Amendment 717

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 29 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9 , under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence; and(a) persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9 , under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence have access to the intervention programmes or measures referred to in paragraph 1.

Or. en

Amendment 718

Isabel Serra Sánchez

Proposal for a directive

Article 29 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) persons convicted of any of the offences referred to in Articles 3 to 9 .deleted

Or. en

Amendment 719

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 29 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) persons convicted of any of the offences referred to in Articles 3 to 9 .(b) persons convicted of any of the offences referred to in Articles 3 to 9 participate in intervention programmes or measures referred to in paragraph 1.

Or. en

Amendment 720

Isabel Serra Sánchez

Proposal for a directive

Article 29 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3 a. Member States shall take the necessary measures to ensure that persons convicted of any of the offences referred to in Articles 3 to 9 participate in intervention programmes or measures referred to in paragraph 1.

Or. en

Amendment 721

Isabel Serra Sánchez

Proposal for a directive

Article 29 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall take the necessary measures to ensure that the persons referred to in paragraph 3 are subject to an assessment of the danger that they present and the possible risks of repetition of any of the offences referred to in Articles 3 to 9 , with the aim of identifying appropriate intervention programmes or measures.4. Member States shall take the necessary measures to ensure that the persons referred to in paragraphs 3 and 4 are subject to an assessment of the danger that they present and the possible risks of repetition of any of the offences referred to in Articles 3 to 9 , with the aim of identifying appropriate intervention programmes or measures.

Or. en

Amendment 722

Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada

Proposal for a directive

Article 29 – paragraph 5 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) consent to their participation in the programmes or measures with full knowledge of the facts;(b) agree to their participation in the programmes or measures with full knowledge of the facts;

Or. en

Justification

Replacement of wording due to the specific definition of consent for the purposes of this Directive in Article 2.

Amendment 723

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 29 – paragraph 5 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal.(c) may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal, those consequences being regulated by the Member States in order to ensure that the consent given complies with Article 7 of the General Data Protection Regulation39 a.
39 a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Or. fr

Amendment 724

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 29 – paragraph 5 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal.(c) may refuse

Or. en

Amendment 725

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani

Proposal for a directive

Article 29 – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5 a. Member States shall take the necessary measures to encourage alternatives to imprisonment prior to considering criminal sanctions and detention, in particular when the person convicted is under the age of 18.

Or. en

Amendment 726

Isabel Serra Sánchez

Proposal for a directive

Article 29 – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5 a. When the person convicted is under the age of 18, Member States shall take the necessary measures to encourage alternatives to imprisonment prior to considering criminal sanctions and detention.

Or. en

Amendment 727

Isabel Serra Sánchez

Proposal for a directive

Article 30 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Measures against websites containing or disseminating child sexual abuse materialMeasures against websites containing or disseminating child sexual abuse material and instructions manuals on how to sexually abuse children

Or. en

Amendment 728

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau

Proposal for a directive

Article 30 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Measures against websites containing or disseminating child sexual abuse materialMeasures against websites containing or disseminating child sexual abuse material and instructions manuals on how to sexually abuse children

Or. en

Amendment 729

François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos

Proposal for a directive

Article 30 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Measures against websites containing or disseminating child sexual abuse materialMeasures against websites containing or disseminating child sexual abuse material or making pornographic content available to children

Or. en

Amendment 730

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 30 – paragraph 1

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

Or. fr

Justification

Since the matter is dealt with directly by the Regulation referred to, it cannot be the subject of a competing provision stemming from this Directive.

Amendment 731

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 30 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.1. Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory. ‘Prompt removal’ means that the content must be removed within 24 hours of being notified.

Or. en

Amendment 732

Isabel Serra Sánchez

Proposal for a directive

Article 30 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.1. Member States shall take the necessary measures to ensure the prompt1a removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.
1a For the purpose of paragraph 1, ‘prompt removal’ means that the content must be removed within 24 hours of being notified.

Or. en

Amendment 733

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 30 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall take the necessary measures to ensure that online service providers who fail to remove the content promptly, as outlined in paragraph 1, is punishable by effective, proportionate and dissuasive sanctions, which may include criminal or non-criminal fines or other sanctions, such as listed in Article 14 (1).

Or. en

Amendment 734

Isabel Serra Sánchez

Proposal for a directive

Article 30 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 a. Member States shall take the necessary measures to ensure that online service providers who fail to remove the content promptly, as outlined in paragraph 1, is punishable by effective, proportionate and dissuasive sanctions, which may include criminal or non-criminal fines or other sanctions, such as listed in Article 14 (1).

Or. en

Amendment 735

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 30 – paragraph 1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 b. Member States shall require online service providers:
(a) to provide information about competent national support services and reporting mechanisms;
(b) to report to the competent child protection service any child victim of offences referred to in Articles 3 to 9 who they know about or suspects, in good faith, to have been committed.

Or. en

Amendment 736

Isabel Serra Sánchez

Proposal for a directive

Article 30 – paragraph 1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 b. Member States shall require online service providers:
(a) to provide information about competent national support services and reporting mechanisms;
(b) to report to the competent child protection service any child victim of offences referred to in Articles 3 to 9 who they know about or suspects, in good faith, to have been committed.

Or. en

Amendment 737

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 30 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.2. Pursuant to the conditions laid down in Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

Or. fr

Justification

Since the matter is dealt with directly by the Regulation referred to, it cannot be the subject of a competing provision stemming from this Directive.

Amendment 738

Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau

Proposal for a directive

Article 30 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.2. Member States may take measures to promptly block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress. For the purpose of paragraph 1, ‘prompt removal’ means that the content must be blocked within 24 hours of being notified.

Or. en

Amendment 739

Moritz Körner

Proposal for a directive

Article 30 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory while the removal of the web pages pursuant to paragraph 1 is in process. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

Or. en

Justification

Access blocking should only happen while the removal of the page is being executed.

Amendment 740

Isabel Serra Sánchez

Proposal for a directive

Article 30 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.2. Member States may take measures to promptly1a block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.
1a For the purpose of paragraph 1, ‘prompt removal’ means that the content must be blocked within 24 hours of being notified.

Or. en

Amendment 741

Loucas Fourlas

Proposal for a directive

Article 30 – paragraph 2 – point 1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1) Technological Agility in CSAM Detection Member States shall mandate the use of advanced detection technologies, including artificial intelligence (AI) and machine learning tools, to identify and prevent the distribution of child sexual abuse material in real-time. These tools shall be implemented in collaboration with information society service providers, ensuring compliance with privacy laws and data protection standards. The EU Centre shall support Member States by providing guidance on best practices in technology use for CSAM detection and reporting.

Or. en

Amendment 742

François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos

Proposal for a directive

Article 30 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. Member States may take the necessary measures to block access to online platforms and Internet providers knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child.

Or. en

Amendment 743

Saskia Bricmont

Proposal for a directive

Article 31 – paragraph 2 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c a) the number of consensual cases pursuant to Article 10 that were reported, but then not investigated or prosecuted.

Or. en

Amendment 744

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera

Proposal for a directive

Article 31 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. The EU Centre shall support Member States in the data gathering referred to in paragraph 2, including by promoting the development of common voluntary standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.5. Member States shall receive support from the EU Centre in the data gathering referred to in paragraph 2, including by promoting the development of common voluntary standards on counting units, counting rules, common disaggregations, constant or variable disaggregation, reporting formats, and on the classification of criminal offences.

Or. fr

Justification

It is for the Regulation to lay down the tasks of the Centre. A drafting oriented towards the Member States should therefore be adopted. In addition, the different age thresholds chosen by the Member States (e.g. the age of consent, or the difference in age tolerated between peers) mean that whether the same act is classified as criminal varies from one country to another. This may result in inconsistencies between results (for example, a search in one state for acts committed below the age of consent may not be comparable with a search in states where the age of consent is different).

Amendment 745

Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi

Proposal for a directive

Article 31 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Member States shall transmit the statistics to the EU Centre and the Commission and make the collected statistics available to the public on an annual basis. The EU Centre shall compile the statistics and make them publicly available. The statistics shall not contain personal data.6. Member States shall transmit the statistics to the EU Centre and the Commission (Eurostat) and make the collected statistics available to the public on an annual basis. The EU Centre shall compile the statistics and make them publicly available. The statistics shall not contain personal data.

Or. fr

Amendment 746

Assita Kanko

Proposal for a directive

Article 32 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall, by [5 years after date of entry into application] and then every 5 years thereafter, submit a report to the European Parliament and the Council on the application of this Directive [in the Member States] and, if appropriate, propose amendments.The Commission shall, by [5 years after date of entry into application] and then every 5 years thereafter, submit a report to the European Parliament and the Council on the application of this Directive [in the Member States]. The reports shall analyse, among others, Member States' efforts and their impact in the fight against child sexual abuse. If appropriate, the Commission shall propose amendments.

Or. en

Justification

It is important to specifically oblige the Commission to analyse Member States' efforts and their impact in the fight against child sexual abuse, since measures vary greatly among the EU Member States.

Connections

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No connections found for this item.

Sources & citation

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Permalink
https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-766594
Data source
Licensed CC BY 4.0.
Retrieved
25 September 2026

Cite as

European Parliament (2024). “AMENDMENTS 377 - 746 - Draft report Combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)”. Text, 14 November 2024. docId LIBE-AM-766594. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-766594 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/LIBE-AM-766594 (CC BY 4.0).
BibTeX 
@misc{epw-text-libe-am-766594,
  author = {{European Parliament}},
  title = {{AMENDMENTS 377 - 746 - Draft report Combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)}},
  year = {2024},
  date = {2024-11-14},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-766594}},
  url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-766594},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId LIBE-AM-766594. Data: EP Open Data API: document record (CC BY 4.0)}
}