Changes from report parliamentary committee draft to plenary report

Change 93

ChangedArticle 64 – paragraph 1 a (new): 1a.1 a. Without prejudice to the powers of the Commission, of the Management Board and of the Executive Board, the Executive Director shall be independent in the performance of his or herthe duties and shall neither seek nor take instructions from any government nor from any other body.

Change 94

RemovedArticle 64 – paragraph 4 – point p a (new): (pa) authorise the conclusion of memoranda of understanding referred to in Article 53(3) and Article 54(2).

AddedArticle 64 – paragraph 2: 2. The Executive Director shall report to the European Parliament on the performance of the Executive Director’s duties when invited to do so. The Council may invite the Executive Director to report on the performance of the Executive Director’s duties.

RemovedArticle 65 – paragraph 2: 2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.

AddedArticle 64 – paragraph 4 – point d: (d) preparing the Single Programming Document and submitting it to the Management Board after consulting the Commission;

AddedArticle 64 – paragraph 4 – point e: (e) implementing the Single Programming Document and reporting to the Management Board on its implementation;

AddedArticle 64 – paragraph 4 – point e a (new): (e a) implementing gender mainstreaming and gender budgeting in all areas, including drafting a gender action plan (GAP);

AddedArticle 64 – paragraph 4 – point f: (f) preparing the Consolidated Annual Activity Report (CAAR) on the EU Centre’s activities including the activities of the Technology Committee and the Victims’ Rights and Survivors Consultative Forum and presenting it to the Management Board for assessment and adoption;

AddedArticle 64 – paragraph 4 – point g: (g) preparing an action plan following-up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-Fraud Office (OLAF) and by the European Public Prosecutor’s Office (EPPO) and reporting on progress twice a year to the Commission, the European Parliament and regularly to the Management Board and the Executive Board;

AddedArticle 64 – paragraph 4 – point i: (i) preparing an anti-fraud strategy, an efficiency gains and synergies strategy, a strategy for cooperation with third countries and/or international organisations and a strategy for the organisational management and internal control systems for the EU Centre and presenting them to the Management Board for approval;

AddedArticle 64 – paragraph 4 – point m: (m) implementing the annual work programme of the EU Centre under the control of the Management Board;

AddedArticle 64 – paragraph 4 – point p a (new): (pa) authorise the conclusion of memoranda of understanding, others than the referred to in Article 53(3) and Article 54(2), after having informed the Management Board.

AddedArticle 64 – paragraph 5: 5. Where exceptional circumstances so require, the Executive Director may decide to locate one or more staff in another Member State for the purpose of carrying out the EU Centre’s tasks in an a more efficient, effective and coherent manner according to the principles of good governance. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State concerned. The decision shall be based on an appropriate cost-benefit analysis that demonstrates in particular the added value of such decision and specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the EU Centre. A headquarters agreement with the Member State(s) concerned may be concluded.

AddedArticle 65 – paragraph 2: 2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. / Before appointment, the candidates proposed by the Commission shall be invited to make a statement before the competent committee or committees of the European Parliament and answer questions put by its or their members. / Following such statements, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. / The Management Board shall appoint by common accord with the European Parliament the Executive Director.

▸6 unchanged paragraphs

Article 65 – paragraph 3: 3. For the purpose of concluding the contract with the Executive Director, the EU Centre shall be represented by the Chairperson of the Management Board.

Article 65 – paragraph 4: 4. The term of office of the Executive Director shall be five years.

Article 65 – paragraph 5: 5. The Management Board, acting on a proposal from the Commission may extend the term of office of the Executive Director once, for no more than five years.

Article 65 – paragraph 6: 6. An Executive Director whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the overall period.

Article 65 – paragraph 7: 7. The Executive Director may be dismissed only upon a decision of the Management Board acting on a proposal from the Commission.

Article 65 – paragraph 8: 8. The Management Board shall take decisions on appointment, extension of the term of office or dismissal of the Executive Director by a majority of two-thirds of its members with voting rights.

Change 95

RemovedArticle 66 a (new): Article 66a / Establishment and tasks of the Victims’ Consultative Forum / 1. The EU Centre shall establish a Consultative Forum to assist it by providing it with independent advice on victims related matters. The Consultative Forum will act upon request of the Management Board or the Executive Director. / 2. The Consultative Forum shall consist of a maximum of fifteen members. Members of the Consultative Forum shall be appointed from victims of child sexual abuse and exploitation, both online and offline, as well as from representatives of organisations acting in the public interest against child sexual abuse and promoting victims’ rights. They shall be appointed by the Management Board following the publication of a call for expression of interest in the Official Journal of the European Union. / 3. The mandates of members of the Consultative Forum shall be four years. Those mandates shall be renewable once. / 4. The Consultative Forum shall: / a) provide the Management Board and the Executive Director with advice on matters related to victims; / b) contribute to the EU Centre communication strategy referred to in Article 50(5); / c) provide its opinion on the technologies used to detect online child sexual abuse regarding their relevance to the conditions in which child sexual abuse is committed; / d) maintain an open dialogue with the Management Board and the Executive Director on all matters related to victims, particularly on the protection of victims’ rights.

AddedArticle 66 – paragraph 1: 1. The Technology Committee shall consist of technical experts on all matters related to the technologies relevant for the purposes of this Regulation appointed by the Management Board in view of their excellence and their independence, ensuring that gender balance is respected, following the publication of a call for expressions of interest in the Official Journal of the European Union.

RemovedArticle 69 – paragraph 4: 4. The EU Centre’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs, including the operating costs of the Technology Committee, the Victims’ Consultative Forum and of any other advisory group it may establish.

AddedArticle 66 – paragraph 4: 4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.

RemovedArticle 77 – paragraph 2: 2. The processing of personal data by the EU Centre shall be subject to Regulation (EU) 2018/1725. The Management Board shall, within six months of the date of its first meeting, establish measures for the application of that Regulation by the EU Centre, including those concerning the appointment of a Data Protection Officer of the EU Centre. Those measures shall be established after consultation with the European Data Protection Supervisor.

AddedArticle 66 – paragraph 5: 5. The mandates of members of the Technology Committee shall be four years. Those mandates shall be renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, the member shall be replaced for the remainder of the term by a member appointed by the Management Board.

RemovedArticle 83 – paragraph 3 – point b: (b) the number of submissions of child sexual abuse material and solicitation of children referred to in Article 36(1), broken down by Member State that designated the submitting Coordinating Authorities, and, in the case of child sexual abuse material, the number of indicators generated on the basis thereof and the number of Uniform Resource Identifiers included in the list of Uniform Resource Identifiers in accordance with Article 44(3);

AddedArticle 66 – paragraph 6 – point c a (new): (c a) introduce a regular reviewing and reporting process to assess and share expertise on the most recent technological innovations and developments related to detection technology.

AddedArticle 66 a (new): Article66a / Establishment and tasks of the Victims’ Rights and Survivors Consultative Forum / 1. The EU Centre shall establish a Consultative Forum to assist it by providing it with independent advice on victims related matters. The Consultative Forum shall act upon request of the Management Board or the Executive Director. / 2. The Consultative Forum shall consist of a maximum of fifteen members. Members of the Consultative Forum will be appointed among victims of child sexual abuse and exploitation, both online and offline, as well as from representatives of organisations acting in the public interest against child sexual abuse and representing and promoting victims’ and survivors’ rights. They shall be appointed in view of their personal experience if applicable, expertise and scope of work by the Management Board following the publication of a call for expression of interest in the Official Journal of the European Union. / 3. Procedures concerning the appointment of the members of the Consultative Forum and its operation shall be specified in the rules of procedure of the Management Board and shall be made public. / 4. The members of the Consultative Forum shall be independent and shall act in the public interest. The list of members of the Committee shall be made public and shall be updated by the EU Centre on its website. / 5. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may…

AddedArticle 66 b (new): Article 66b / Fundamental Rights Officer / 1. The Management Board shall, upon a proposal of a list of three candidates made by the Executive Director, designate a Fundamental Rights Officer. The Fundamental Rights Officer may be a member of the existing staff of the EU Centre who received special training in fundamental rights law and practice. / 2. The Fundamental Rights Officer shall perform the following tasks: / (a) contribute to the EU Centre's fundamental rights strategy and the corresponding action plan, including by issuing recommendations for improving them; / (b) monitore the EU Centre's compliance with fundamental rights, including by conducting investigations into any of its activities; / (c) promote the EU Centre's respect of fundamental rights in the performance of its tasks; / (d) advise the EU Centre where he or she deems it necessary or where requested on any activity of the EU Centre without impeding or delaying those activities; / (e) provide non-binding opinions on working arrangements; / (g) inform the Executive Director about possible violations of fundamental rights during activities of the EU Centre; / (h) performe any other tasks, where provided for by this Regulation. / 3. The EU Centre shall ensure that the Fundamental Rights Officer does not receive any instructions regarding the exercise of his or her tasks and is able to act autonomously. The Fundamental Rights Officer shall have sufficient and adequate resources at his or her disposal necessary…

AddedArticle 66 c (new): Article 66c / Budget / 1. Estimates of all revenue and expenditure for the EU Centre shall be prepared each financial year, which shall correspond to the calendar year, and shall be shown in the EU Centre’s budget, which shall be balanced in terms of revenue and of expenditure. / 2. Without prejudice to other resources, the EU Centre’s revenue shall comprise a contribution from the Union entered in the general budget of the Union. / 3. The EU Centre may benefit from Union funding in the form of delegation agreements or ad hoc grants in accordance with its financial rules referred to in Article 68 and with the provisions of the relevant instruments supporting the policies of the Union. / 4. The EU Centre’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs, including the operating costs of the Technology Commitee, the Victims’ Rights and Survivors Consultative Forum and of any other advisory group it may establish for serving its purposes. / 5. Budgetary commitments for actions relating to large-scale projects extending over more than one financial year may be broken down into several annual instalments. / 6. The budget shall comply with the principle of gender mainstreaming and practise of gender budgeting shall be implemented.

AddedArticle 66 d (new): Article 66d / Single Programming Document / 1. By 30 November of each year, the Management Board shall adopt a draft single programming document containing multi-annual and annual programmingas well as all the documents listed in Article 32 of Commission Delegated Regulation (EU) 2019/715, based on a draft put forward by the Executive Director, after consulting the Technology Committee and the Victims’ Rights and Survivors Consultative Forum , taking into account the opinion of the Commission, and in relation to multiannual programming after consulting the European Parliament. If the Management Board decides not to take into account elements of the opinion of the Commission or of the Technology Committee or the Victims’ Rights and Survivors Consultative Forum, it shall provide a thorough justification therefor. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament when it is consulted. / The Management Board shall forward the draft Single Programming Document to the European Parliament, the Council and the Commission by 31 January of the following year. The Single Programming Document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly. / 2. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financi…

AddedArticle 67 – paragraph 1: 1. Each year the Executive Director shall draw up a draft statement of estimates of the EU Centre’s revenue and expenditure for the following financial year, including an establishment plan, a gender impact analysis and shall use gender mainstreaming and gender budgeting and send it to the Management Board.

AddedArticle 67 – paragraph 2: 2. The Management Board shall, on the basis of the draft statement of estimates, adopt a provisional draft estimate of the EU Centre’s revenue and expenditure for the following financial year and shall send it to the Commission by 31 January each year.

AddedArticle 67 – paragraph 3: 3. The Management Board shall send the final draft estimate of the EU Centre’s revenue and expenditure, which shall include a draft establishment plan, to the European Parliament, the Council and the Commission by 31 March each year.

AddedArticle 67 – paragraph 8: 8. The EU Centre’s budget shall be adopted by the Management Board by a majority of two-thirds of members entitled to vote. It shall become final following the final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.

AddedArticle 68 – paragraph 1: The financial rules applicable to the EU Centre shall be adopted by the Management Board after consultation with the Commission. They shall not depart from Delegated Regulation (EU) 2019/71552 unless such a departure is specifically required for the operation of the EU Centre and the Commission has given its prior consent.

AddedArticle 69: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 71 – paragraph 3: 3. The EU Centre staff, in particular those working in areas related to detection, reporting and removal of online child sexual abuse, shall have access to appropriate counselling and support services, meeting any other possible physical or socio-psychological needs.

AddedArticle 83 – paragraph 1 – introductory part: 1. Providers of hosting services, providers of number-independent interpersonal communications services and providers of internet access services shall collect data on the following topics and make that information available to the EU Centre upon request:

AddedArticle 83 – paragraph 1 – point a – indent 2: – the error rates of the technologies deployed to detect child sexual abuse material, including the rates of false positives and negatives and confirmed positives and negatives, and measures taken to prevent or remedy any errors;

AddedArticle 83 – paragraph 1 – point b: (b) the number of removal orders issued to the provider in accordance with Article 14 and the average time, upon the moment the provider receives the order, needed for removing or disabling access to the item or items of child sexual abuse material in question;

AddedArticle 83 – paragraph 1 – point c: (c) the total number of items of child sexual abuse material when possible gender-and age-disaggregated that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;

AddedArticle 83 – paragraph 2 – point b: (b) the most important and recurrent risks of online child sexual abuse, as reported by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 3 and 5 or identified through other information available to the Coordinating Authority;

AddedArticle 83 – paragraph 2 – point c: (c) a list of the providers of hosting services and providers of number independent interpersonal communications services to which the Coordinating Authority addressed a detection order in accordance with Article 7;

AddedArticle 83 – paragraph 2 – point d: (d) the number of detection orders issued in accordance with Article 7, broken down by provider and by type of child sexual abuse material, and the number of instances in which the provider invoked Article 8(3);

AddedArticle 83 – paragraph 2 – point f: (f) the number of removal orders issued in accordance with Article 14, broken down by provider, the time needed to remove or disable access to the item or items of child sexual abuse material concerned, including the time it took the Coordinating Authority to process the order, and the number of instances in which the provider invoked Article 14(5) and (6);

AddedArticle 83 – paragraph 2 – point i a (new): (ia) the measures taken regarding prevention and victim assistance programmes.

AddedArticle 83 – paragraph 3 – introductory part: 3. The EU Centre shall collect data and generate statistics on the detection, reporting, removal of or disabling of access to online child sexual abuse under this Regulation. The data shall include:

AddedArticle 83 – paragraph 3 – point c: (c) the total number of reports submitted to the EU Centre in accordance with Article 12, broken down by provider of hosting services and provider of number independent interpersonal communications services that submitted the report and by Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3);

AddedArticle 83 – paragraph 3 – point c a (new): (ca) the total number of reports forwarded to Europol in accordance with Article 48(3), and the total number of access requests received from Europol under Article 46(4) and 46(5), including the number of those requests granted and refused by the EU Centre;

AddedArticle 83 – paragraph 3 – point e: (e) the number of reports that the EU Centre considered unfounded, as referred to in Article 48(2);

AddedArticle 83 – paragraph 3 – point j: (j) the number of victims of online child sexual abuse assisted by the EU Centre pursuant to Article 21(2), and the number of these victims that requested to receive such assistance in a manner accessible to them due to disabilities.

AddedArticle 83 – paragraph 4: 4. The providers of hosting services, providers of number-independent interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.

AddedArticle 83 – paragraph 5: 5. They shall ensure that the data is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only for the purpose for which it is stored, that a high level of security is achieved and that the information is deleted when no longer necessary for that purpose. All access to this data shall be logged. They shall regularly review those safeguards and adjust them where necessary.

AddedArticle 84 – paragraph 1: 1. Each provider of relevant information society services shall draw up an annual report on its activities under this Regulation. That report shall compile the information referred to in Article 83(1). The providers shall, by 1 March of every year subsequent to the year to which the report relates, make the report available to the public in an structured commonly used and machine-readable format and communicate it to the Coordinating Authority of establishment, the Commission and the EU Centre.

AddedArticle 86 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 3, 8, 13, 14, 17, 47 and 84 shall be conferred on the Commission for a period of 5 years from [date of adoption of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

AddedArticle 87 – paragraph 1: 1. For the purposes of the adoption of the implementing acts referred to in Article 39(4) and in Article 12(3a), the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

AddedArticle 87 – paragraph 2: 2. Where reference is made to this Article, Article 4 of Regulation (EU) No 182/2011 shall apply.

AddedArticle 87 a (new): Article 87a / Representative actions / The following is added to Annex I of Directive (EU) 2020/1828 on Representative actions for the protection of the collective interests of consumers: / “Regulation xxxx/xxxx of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse”