Changes from report parliamentary committee draft to plenary report

RemovedRecital 22: (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as sexual extortion (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member Sta…

AddedRecital 12: (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include instructions on how to sexually abuse or exploit children, regardless of the form in which such instructions are provided. Those instructions, including in the form of manuals, provide advice on how to find, groom and abuse children and avoid being identified and prosecuted or give guidance on how to generate, distribute or acquire child sexual abuse material. Digital models or prompts enabling the creation of AI-generated child sexual abuse material should also be regarded as instructions on how to sexually abuse or exploit children and therefore fall under the definition of child sexual abuse material. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such instructions. The lack of harmonisation creates an uneven level of protection across the EU.

RemovedRecital 24: (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). The provisions related to the age of consent should not be interpreted in a way which limits in any manner the criminalisation of child sexual abuse and the exploitation of children who have reached and are above the age of consent as no child can consent to sexual abuse.

AddedRecital 12 a (new): (12a) The absence of consent forms part of the constitutive elements of some of the offences set out in this Directive. Therefore, the introduction of a definition of consent is deemed indispensable for ensuring the proper implementation of this Directive.

RemovedRecital 25: (25) Member States should provide for aggravating circumstances in their national law in accordance with the applicable rules established by their legal systems on aggravating circumstances. The age of the victim should be taken into account as an aggravating circumstance. They should ensure that those aggravating circumstances are available for judges to consider when sentencing offenders, although there is no obligation on judges to apply those aggravating circumstances. The aggravating circumstances should not be provided for in Member States’ law when irrelevant taking into account the nature of the specific offence. The relevance of the various aggravating circumstances provided for in this Directive should be evaluated at national level for each of the offences referred to in this Directive.

AddedRecital 12 b (new): (12b) The rights set out in this Directive are without prejudice to the rights of the offender. The term ‘offender’ refers to a person who has been convicted of a crime. However, for the purposes of this Directive, it also refers to a suspected or accused person before any acknowledgement of guilt or conviction, and it is without prejudice to the presumption of innocence.

RemovedRecital 36: (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these victim-oriented principles, although it does not require the Member States to implement the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child frie…

AddedRecital 14: (14) In adopting legislation on substantive criminal law, the Union should ensure consistency of such legislation in particular with regard to the level of penalties. This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments. This Directive should ensure that technology-facilitated offences are covered by the same penalties as other offences, as the seriousness and trauma resulting from those offences is equivalent.

RemovedRecital 40: (40) The EU Centre for Child Protection (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. Laying down those rules and establishing the EU Centre without undue delay is of paramount importance in order to streamline and enhance the multiple efforts to prevent and combat child sexual abuse across the Union. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve…

AddedRecital 15: (15) Serious forms of sexual abuse and sexual exploitation of children should be subject to effective, proportionate and dissuasive penalties. This includes, in particular, various forms of sexual abuse and sexual exploitation of children which are facilitated by the use of information and communication technology, such as the online solicitation of children for sexual purposes via social networking websites and chat rooms. The definition of child sexual abuse material should also be clarified and brought closer to that contained in international instruments. More broadly, the terminology used in this Directive should be brought into line with recognised international standards such as the Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse adopted by the Interagency Working Group in Luxembourg on 28 January 2016. Furthermore, to enhance the efficient implementation of this Directive, Member States should harmonise and modernise the language used in their national law to align it with the language used in this Directive. As a crucial initial measure, that involves replacing the term 'child pornography' with 'child sexual abuse material’.

RemovedRecital 40 a (new): (40 a) It is essential that Member States build up multidisciplinary structures to integrate expertise from law enforcement, child protection agencies, healthcare professionals, educators and mental health specialists. Those structures should be tailored to addressing the complexities of online exploitation and should encompass swift and coordinated responses to identify, investigate and prosecute offenders while safeguarding the well-being of victims. Those structures, which should be based on the Barnahus model, should be supported by the extensive training, education and professional development of staff and should facilitate the establishment of physical support centres. They should enable victims to receive treatment and participate in criminal proceedings under the same roof without the risk of repeated re-traumatisation. Those structures are the most efficient approach for supporting child victims of abuse due to their holistic, child-centred, and multidisciplinary nature. Promoting the standards of the Barnahus model is essential for ensuring the well-being and rights of child victims. To ensure better reporting, Member States should be encouraged to diversify reporting mechanisms, taking into account the diverse and evolving manifestations of the crimes and the child’s needs and specific vulnerabilities.

AddedRecital 15 a (new): (15a) In order to achieve greater protection for children online and to reinforce preventive measures, also the intentional conduct of exposing children to pornographic content, for sexual purposes, should be criminalised.

RemovedRecital 43 a (new): (43 a) Member States should ensure that law enforcement authorities investigate without undue delay attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

AddedRecital 20: (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations, such as hotlines, acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, submitted to them by online users or other organisations acting in the public interest against child sexual abuse, as well as carrying out searches to detect the dissemination of child sexual abuse material.

RemovedArticle 3 – paragraph 4 – subparagraph 1 a (new): The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 8 years where the child is above the age of sexual consent and: / (a) does not consent to the act with a peer; or; / (b) is caused to engage in sexual activities with a person who is not a peer.

AddedRecital 20 a (new): (20a) Organisations acting in the public interest on the fight against child sexual abuse, such as the members of the INHOPE network of hotlines, have been active for years in several Member States, cooperating with law enforcement and providers to facilitate the process of removal and reporting of online child sexual abuse material. That work combats re-victimisation by limiting the spread of illegal material online, and can provide evidence to law enforcement of crimes committed. However, the legal framework in which they operate differs considerably from one Member State to another and is, in many cases, lacking in terms of the identification of the tasks that those organisations can lawfully undertake, as well as of the relevant conditions. Member States should be able to provide a legal framework for those organisations to carry out relevant tasks, and in particular the processing of child sexual abuse material, in which case the processing should not be considered to be “without right”. Such legal framework is necessary as it increases legal certainty, maximise synergies between national authorities and other actors involved in the fight against child sexual abuse, and support victims’ rights by removing child sexual abuse material from the public digital sphere.

RemovedArticle 3 – paragraph 8: 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years.

AddedRecital 22: (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations taking place in both the real and virtual world. This increased access to children has led to the rapid growth of phenomena such as sexual extorsion. Sexual extorsion of children refers to the act of threatening to distribute intimate material featuring a child victim in order to obtain money, child sexual abuse material, or other forms of gain, under the threat of sharing this material without the depicted person’s consent, affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extorsion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the …

RemovedArticle 3 – paragraph 9 – introductory part: 9. For the purpose of paragraphs 4 and 8, Member States shall ensure that:

AddedRecital 23: (23) In light of recent technological developments and, in particular, of the development of artificial intelligence, and of augmented, extended and virtual reality settings, there is an urgent need to address more effectively the solicitation of children and to carry out periodic evaluations of the legal framework: the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts, exchanges or meetings taking place in real or virtual worlds including in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.

RemovedArticle 5 – paragraph 8 – introductory part: 8. Member States shall provide a legal framework for organisations acting in the public interest against child sexual abuse referred to in paragraph 7 to harmonise their role and competences and to ensure that authorisations for such organisations allow all of the following activities to:

AddedRecital 23 a (new): (23a) Artificial Intelligence systems are being used to sexually abuse children in a number of ways, including by using images of real children to create child sexual abuse material, or by using voices of real children in such material. This results in the victimisation of real children, which may include survivors of prior child sexual abuse. The use of technology also enables offenders to disguise their identity and more effectively groom and abuse children online, for example through grooming automation techniques. To tackle those phenomena, the acquisition or possession, distribution, dissemination or transmission, the creation or adaptation of such tools designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material should be criminalised

RemovedArticle 5 – paragraph 8 – point d a (new): d a. cooperate directly with national service providers in notice and take-down procedures, with consent from the responsible national law enforcement authority.

AddedRecital 24: (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. 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. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). The provisions related to the age of consent should not be interpreted in a way which limit…

RemovedArticle 6 – paragraph 1 – point a: (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), Article 4 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;

AddedRecital 25: (25) Member States should provide for aggravating circumstances in their national law in accordance with the applicable rules established by their legal systems on aggravating circumstances. The age of the victim, treatments aimed at changing a person’s sexual orientation or gender identity (so-called “conversion therapy”) and the fact that the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union should be taken into account as an aggravating circumstance. They should ensure that those aggravating circumstances are available for judges to consider when sentencing offenders, although there is no obligation on judges to apply those aggravating circumstances. The aggravating circumstances should not be provided for in Member States’ law when irrelevant taking into account the nature of the specific offence. The relevance of the various aggravating circumstances provided for in this Directive should be evaluated at national level for each of the offences referred to in this Directive.

RemovedArticle 6 – paragraph 3 – subparagraph 1: 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 sexual exploitation is punishable by a maximum term of imprisonment of at least 6 months.

AddedRecital 26: (26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs, medicines and alcohol, or any substance that could compromise one’s free will. Individuals in a state of incapacity cannot give informed and voluntary consent, making any sexual act under such circumstances inherently non-consensual.

RemovedArticle 7 – title: Solicitation to commit sexual abuse or exploitation

AddedRecital 31: (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Due to children’s specific vulnerabilities and developmental limitations, they may not fully grasp that what occurred was abusive, especially if the abuser was a trusted adult. It may take reaching adulthood for survivors to develop the emotional maturity to recognise the abuse for what it was and to understand its long-term effects. Trauma can cause victims to repress or block out the memories as a protective measure for years. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations are abolished.

RemovedArticle 10 – paragraph 5 – subparagraph 1: 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 shall not be considered to have consented where the child was unable to form free will due to the presence of the circumstances referred to 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.

AddedRecital 34: (34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines and through the communication platforms that young people use most frequently. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent.

RemovedArticle 10 – paragraph 6: 6. Consensual sharing of one’s intimate images or videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image or video or similar material, including in a manipulated or altered version.

AddedRecital 34 a (new): (34a) All professionals, whether staff or contractuals, and volunteers in close contact with children should undergo mandatory training to recognise abuses and the steps to be taken to ensure the safety of a child. That training should focus on what constitutes online and offline child sexual abuse, help recognising indicators of abuse such as physical injuries, emotional distress, behavioural changes, and help identifying available reporting procedures.

RemovedArticle 11 – paragraph 1 – point a: (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, in a situation of dependence or in a state of physical or mental incapacity;

AddedRecital 34 b (new): (34b) Member States should ensure that existing and new reporting mechanisms, including through information and communication technologies, are easily accessible, safe, child-appropriate, confidential, and free of charge. Third-party reporting should be offered as an option to victims to facilitate their access to justice, in particular when they fear repercussions in case they reported the crime in person or when they face other barriers to contacting the competent authorities directly. Adequate resources and staff should be made available to ensure correct support and care, and reporting mechanisms should be inserted within specialised interagency structures to combat child sexual abuse.

RemovedArticle 11 – paragraph 1 – point j a (new): (j a) the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either direct or indirect discrimination contrary to Union law.

AddedRecital 35: (35) Rules on jurisdiction should be amended to ensure that sexual abusers or sexual exploiters of children from the Union face prosecution even if they commit their crimes outside the Union, in particular via so-called sex tourism. The sexual exploitation of children in travel or tourism should be understood as the sexual exploitation of children by a person or persons who travel from their usual environment to a destination abroad where they have sexual contact with children and partake in offences as described in this Directive. Where the sexual exploitation of children in travel or tourism takes place outside the Union, Member States are encouraged to seek to increase, through the available national and international instruments including bilateral or multilateral treaties on extradition, mutual assistance or a transfer of the proceedings, cooperation with third countries and international organisations with a view to combating sexual exploitation of children abroad. Member States should foster open dialogue and communication with countries outside the Union in order to be able to prosecute perpetrators, under the relevant national legislation, who travel outside the Union borders for the purposes of the sexual exploitation of children in travel or tourism .

RemovedArticle 12 – paragraph 2: 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, consultants 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 of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.

AddedRecital 36: (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these victim-oriented principles and put in place age-appropriate and multi-disciplinary child-protection systems to provide effective care and legal support to child victims, although it does not require the Member States to implement the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligatio…

RemovedArticle 14 – title: Penalties on legal persons

AddedRecital 36 a (new): (36a) It is essential for Member States to establish multidisciplinary structures to integrate expertise from law enforcement, child protection agencies, healthcare professionals, educators and mental health specialists. Those structures should be tailored to addressing the complexities of online exploitation and should encompass swift and coordinated responses to identify, investigate and prosecute offenders while safeguarding the well-being of victims. Those structures, which should be based on the Barnahus model, should be supported by the extensive training, education and professional development of staff and should facilitate the establishment of physical support centres. They should enable victims to receive treatment and participate in criminal proceedings available in one place without the risk of repeated re-traumatisation. Those structures are the most efficient approach for supporting child victims of abuse due to their holistic, child-centred, and multidisciplinary nature. Promoting the standards of the Barnahus model is essential for ensuring the well-being and rights of child victims. To ensure better reporting, Member States should be encouraged to diversify reporting mechanisms, taking into account the diverse and evolving manifestations of the crimes and the child’s needs and specific vulnerabilities.

AddedRecital 37: (37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims and survivors irrespective of whether they have filed a formal complaint. Survivors should be understood as a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals, including the staff at helplines . Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings.

AddedRecital 39: (39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender and any organisation liable for child sexual abuse and exploitation. The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of claiming compensation. Such legal counselling and legal representation could also be provided by the competent authorities for the purpose of claiming compensation from the State. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States. The victims' right to compensation should not be subject to a limit…

AddedRecital 40: (40) The EU Centre for child protection (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. Laying down those rules and establishing the EU Centre without undue delay is of paramount importance in order to streamline and enhance the multiple efforts to prevent and combat child sexual abuse across the Union. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve…

AddedRecital 42: (42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel or tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel or tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpose of preventing the sexual abuse and sexual exploitation of children in travel or tourism through or towards their territory, most notably by taking appropriate action upon reception of relevant information from third countries, including conducting further checks or issuing a refusal of entry in the context of the Regulation (EU) 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks17 .

AddedRecital 43: (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents, volunteers, carers, teachers, educators, child protection professionals, social and foster care professionals, trainers coaches, legal professionals, family court judges, front-line police officers, healthcare professionals, religious community leaders and society at large, and research and education programmes including sexual education. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children as well as children who are particularly vulnerable, including children with mental, intellectual, sensory 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 . Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by a…

AddedRecital 43 a (new): (43a) Member States should ensure that law enforcement authorities investigate without undue delay attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

AddedRecital 45: deleted

AddedRecital 50: (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional and voluntary activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children, including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records…

AddedRecital 52: (52) For information not or not yet available in the European Criminal Records Information System (ECRIS) ECRIS, for example information concerning offending third country nationals until the time Regulation 2019/816 of the European Parliament and of the Council20 is fully implemented, Member States should make use of other channels to provide all relevant information to employers that recruit for a post involving direct and regular contact with children. The aim of this Directive is not to harmonise rules concerning consent of the person concerned when exchanging information from the criminal registers, i.e. whether or not to require such consent. Whether the consent is required or not under national law, this Directive does not establish any new obligation to change the national law and national procedures in this respect.

AddedArticle 1 – paragraph 1: This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including if committed by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof.

AddedArticle 2 – paragraph 1 – point 2 a (new): (2 a) “consent” means any indication of agreement to a sexual activity given voluntarily and clearly, and in an informed and unambiguous manner, by a child above the age of sexual consent, as a result of that child’s free will, assessed in the context of the surrounding circumstances;

AddedArticle 2 – paragraph 1 – point 3 – point a: (a) any material that depicts a child engaged in real or simulated sexually explicit conduct;

AddedArticle 2 – paragraph 1 – point 3 – point b: (b) any representation, by whatever means, of the intimate parts of a child for primarily sexual purposes;

AddedArticle 2 – paragraph 1 – point 3 – point c: (c) any material that depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the intimate parts of any person appearing to be a child, for primarily sexual purposes;

AddedArticle 2 – paragraph 1 – point 3 – point d: (d) any realistic images, pseudophotographs, reproductions or representations of a child engaged in sexually explicit conduct or of the intimate parts of a child, for primarily sexual purposes, regardless of the method of creation or manipulation, including by using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

AddedArticle 2 – paragraph 1 – point 3 – point e: (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit any of the offences referred to in Articles 3 to 8b, including any instruction for artificial intelligence systems;

AddedArticle 2 – paragraph 1 – point 4: (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration, gain, advantage, benefit or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party;

AddedArticle 2 – paragraph 1 – point 5 – introductory part: (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience of one or more, including by means of information and communication technology, of:

AddedArticle 2 – paragraph 1 – point 5 – point a: (a) a child engaged in real or simulated sexually explicit acts or conduct; or

AddedArticle 2 – paragraph 1 – point 5 – point b: (b) the intimate parts of a child for primarily sexual purposes;

AddedArticle 2 – paragraph 1 – point 8: (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity.

AddedArticle 3 – title: Offences concerning child sexual abuse

AddedArticle 3 – paragraph 1: 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable.

AddedArticle 3 – paragraph 2: 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent, or a child who is above the age of sexual consent and does not consent to witness sexual activities, including by exposing that child to pornographic content, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

AddedArticle 3 – paragraph 3: 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent, or a child who is above the age of sexual consent and does not consent, to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

AddedArticle 3 – paragraph 4: 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 10 years. / The types of conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 10 years where the child is above the age of sexual consent and does not consent.

AddedArticle 3 – paragraph 5 – point a: (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 12 years; or

AddedArticle 3 – paragraph 5 – point b: (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental, intellectual, sensory or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 12 years; or

AddedArticle 3 – paragraph 5 – point c: (c) use is made of coercion, force, physical or psychological violence, blackmail or other threats shall be punishable by a maximum term of imprisonment of at least 14 years;

AddedArticle 3 – paragraph 6: 6. Coercing, forcing or threatening a child into sexual activities with a third party or with themselves shall be punishable by a maximum term of imprisonment of at least 14 years.

AddedArticle 3 – paragraph 7 – introductory part: 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 16 years:

AddedArticle 3 – paragraph 7 – point b a (new): (b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

AddedArticle 3 – paragraph 8: 8. The types of conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 16 years where the child is above the age of sexual consent and does not consent.

AddedArticle 3 – paragraph 9 – introductory part: 9. For the purpose of paragraphs 2, 3, 4 and 8, Member States shall ensure that:

AddedArticle 3 – paragraph 9 – point a: (a) a non-consensual act is understood as an act which is performed without the child’s consent, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, intoxication, surprise, freezing, illness or bodily injury;

AddedArticle 3 – paragraph 9 – point c: (c) the absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past or present sexual conduct or by any past or present relationship with an offender.

AddedArticle 4 – title: Offences concerning child sexual exploitation

AddedArticle 4 – paragraph 1: 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7a is punishable.

AddedArticle 4 – paragraph 2: 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 6 years.

AddedArticle 4 – paragraph 3: 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 9 years.

AddedArticle 4 – paragraph 4: 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 3 years.

AddedArticle 4 – paragraph 5: 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 12 years.

AddedArticle 4 – paragraph 6: 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 14 years.

AddedArticle 4 – paragraph 7: 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 12 years.

AddedArticle 4 – paragraph 7 a (new): 7 a. Coercing or forcing a child to share material representing that child’s intimate parts without that child’s consent in order to obtain money, child sexual abuse material or any other benefit shall be punishable by a maximum term of imprisonment of at least 8 years.

AddedArticle 5 – paragraph 2: 2. Acquisition or possession of child sexual abuse material, including the possession of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 2 years. / Acquisition or possession of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

AddedArticle 5 – paragraph 3: 3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

AddedArticle 5 – paragraph 4: 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years. / Distribution, dissemination or transmission of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

AddedArticle 5 – paragraph 5: 5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years.

AddedArticle 5 – paragraph 6: 6. Production of child sexual abuse material, including the production of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 8 years. / Creation or adaptation of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation shall be punishable by a maximum term of imprisonment of at least 3 years.

AddedArticle 5 – paragraph 7 – subparagraph 1: For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission as referred to in paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of an organisation such as a hotline established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.

AddedArticle 5 – paragraph 7 – subparagraph 2: These conditions shall include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.

AddedArticle 5 – paragraph 8 – introductory part: 8. Member States shall provide a legal framework for the organisations acting acting in the public interest against child sexual abuse referred to in paragraph 7 and ensure that the authorisations received by such organisations from the competent authorities of a Member State, allow all of the following activities:

AddedArticle 5 – paragraph 8 – point a: a. receiving and analysing reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse;

AddedArticle 5 – paragraph 8 – point b: b. promptly notifying the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;

AddedArticle 5 – paragraph 8 – point c: c. collaborating with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted

AddedArticle 5 – paragraph 8 – point d: d. carrying out searches on publicly accessible material on hosting services to detect the dissemination of child sexual abuse material, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.

AddedArticle 5 – paragraph 8 – point d a (new): d a. cooperating directly with providers of information society services established in the Member State in which the organisations acting in the public interest against child sexual abuse are established, in notice and action mechanisms, including removal or disabling of access to content and in notifications of suspicions of criminal offences under Regulation (EU) 2022/2065 of the European Parliament and of the Council, with authorisation from the competent national law enforcement authority.

AddedArticle 6 – paragraph 1 – point a: (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), Article 4 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; / .

AddedArticle 6 – paragraph 2 – subparagraph 1: 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 1 year.

AddedArticle 6 – paragraph 2 – subparagraph 2: 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.

AddedArticle 6 – paragraph 3 – subparagraph 1: 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 3 years.

AddedArticle 6 – paragraph 3 – subparagraph 2: The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 6 years where use is made of coercion, force or threats.

AddedArticle 7 – title: Solicitation to commit sexual abuse or exploitation, including live streaming

AddedArticle 7 – paragraph 1: 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), including live streaming, is punishable by a maximum term of imprisonment of at least 5 years.

AddedArticle 8 – paragraph 1: 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.

AddedArticle 8 a (new): Article8a / Travelling for the purpose of sexual abuse and sexual exploitation of children / Member States shall take the necessary measures to ensure that travelling to a country other than that Member States for the purpose of committing, or contributing to the commission of, any of the offences referred to in Article 3 to 8b is punishable as a criminal act when committed intentionally.

AddedArticle 8 b (new): Article8b / 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 8a; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; and (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8a.

AddedArticle 9 – paragraph 1: 1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8b is punishable.

AddedArticle 9 – paragraph 2: 2. Member States shall take the necessary measures to ensure that an attempt to commit 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(4), (5) and (6) , Article 7 and Article 8b is punishable.

AddedArticle 10 – paragraph 1: 1. Member States shall ensure that, in the context of Article 3(2), (4) and (7), an exemption from criminalisation is provided for consensual sexual activities between peers, provided that there is no abuse of trust or dependency between the peers.

AddedArticle 10 – paragraph 2: 2. Member States shall ensure that, in the context of Article 4(4) an exemption from criminalisation is provided for 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.

AddedArticle 10 – paragraph 3 – subparagraph 1 – introductory part: Member States shall ensure that, in the context of Article 5(2), (3), (4) and (6), an exemption from criminalisation is provided for the production, acquisition or possession of, or access to, material which exclusively involves:

AddedArticle 10 – paragraph 3 – subparagraph 2: 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 abuse of trust or dependency between the peers.

AddedArticle 10 – paragraph 4: 4. Member States shall ensure that, in the context of Article 6 an exemption from criminalisation is provided for to proposals, conversations, contacts or exchanges between peers, provided that there is no abuse of trust or dependency between the peers.

AddedArticle 10 – paragraph 5 – subparagraph 1: For the purpose of paragraphs 1 to 4 of this Article, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily and clearly and in an informed and unambiguous manner, as the result of the free will of the child assessed in the context of the surrounding circumstances, as defined in Article 2, point (2a). A child above the age of sexual consent shall not be considered to have consented where the child was unable to form free will due to the presence of the circumstances referred to Article 3(5) or due to other circumstances, including the child’s physical or mental condition, such as a state of unconsciousness, sleep, intoxication, surprise, freezing, illness or bodily injury.

AddedArticle 10 – paragraph 5 – subparagraph 3: The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct or by any past or present relationship with an offender.

AddedArticle 10 – paragraph 6: 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. Any subsequent sharing or dissemination, whether by the original recipient or any other party, shall require explicit, informed consent from the individual depicted. / Consent can be withdrawn at any moment.

AddedArticle 11 – paragraph 1 – point a: (a) the offence was committed against a child in any particularly vulnerable situation, such as against a child of a young age, a child with a mental, intellectual, sensory or physical disability, deprived of liberty or whose liberty is restricted, in a situation of dependence or in a state of physical or mental incapacity;

AddedArticle 11 – paragraph 1 – point h a (new): (h a) the offender posed as a minor or a peer;

AddedArticle 11 – paragraph 1 – point j a (new): (j a) the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union.

AddedArticle 12 – paragraph 1: 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 or facilitating direct and regular contacts with children.

AddedArticle 12 – paragraph 2: 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 or contracting staff, consultants 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 of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.

AddedArticle 12 – paragraph 3: 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.

AddedArticle 14 – title: Penalties for legal persons

AddedArticle 14 – paragraph 1 – introductory part: 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 13 is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties, such as:

RemovedArticle 16 – paragraph 4: 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 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, 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.

AddedArticle 16 – paragraph 2 – subparagraph 2 – point a: deleted

RemovedArticle 17 – paragraph 3: 3. Member States shall ensure that at least professionals and volunteers 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.

AddedArticle 16 – paragraph 2 – subparagraph 2 – point b: deleted

RemovedArticle 17 – paragraph 4 a (new): 4 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 those reporting mechanisms are adequately resourced, including in terms of funding and staffing.

AddedArticle 16 – paragraph 2 – subparagraph 2 – point c: deleted

RemovedArticle 18 – paragraph 2: 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 and appropriate information about reporting procedures and support services is provided.

AddedArticle 16 – paragraph 3: 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, those 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 in accordance with national law.

RemovedArticle 18 – paragraph 2 a (new): 2 a. Member States shall establish age-appropriate multidisciplinary interagency structures to address child sexual abuse, including where such abuse is facilitated by means of information and communication technology. / Member States shall encourage and support, including financially, other reporting mechanisms, in particular: / (a) the development of dedicated helplines and hotlines, including but not limited to the ‘116 000’ number for missing children; / (b) the appointment of well-being officers by online platforms who are specifically trained to receive, assess and report suspicions of child sexual abuse and exploitation. / Member States shall ensure that reporting systems as referred to in the second subparagraph are fully integrated into national child protection systems and that they are adequately resourced, including in terms of funding and staffing.

AddedArticle 16 – paragraph 4: 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.

AddedArticle 16 a (new): Article 16a / Limitation periods / Member States shall take the necessary measures to ensure that no limitation period applies to the offences referred to in Article 3 to 9.

AddedArticle 17 – paragraph 2: 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].

AddedArticle 17 – paragraph 3: 3. Member States shall ensure that at least all professionals and volunteers working in close contact with children, including in the child protection, education, sport, 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 child sexual abuse. / The professionals and volunteers referred to in the first subparagraph 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.

AddedArticle 17 – paragraph 4: 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.

AddedArticle 17 – paragraph 4 a (new): 4 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender-sensitive reporting mechanisms. Member States shall ensure that those reporting mechanisms are adequately resourced, including in terms of funding and staffing

AddedArticle 18 – paragraph 1: 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 free of charge, safely and in an easy, confidential, 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.

AddedArticle 18 – paragraph 1 a (new): 1 a. Member States shall take the necessary measures to ensure the possibility of third-party reporting, including by making use of the reporting mechanism referred to in paragraph 1.

AddedArticle 18 – paragraph 2: 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 that reporting is not conditional upon parental consent and that appropriate information about reporting procedures and support services is provided. / 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 those reporting mechanisms are adequately resourced, including in terms of funding and staffing

AddedArticle 18 – paragraph 2 a (new): 2 a. Member States shall ensure that age-appropriate multidisciplinary interagency structures are established to address child sexual abuse, including where such abuse is facilitated by means of information and communication technology. Member States shall encourage and support, including financially, other reporting mechanisms, in particular: / (a) the development of dedicated helplines and hotlines, including but not limited to the ‘116 000’ number; / (b) the appointment of well-being officers who are specifically trained to receive, assess and report suspicions of child sexual abuse and exploitation. / Member States shall ensure that reporting systems as referred to in the second subparagraph are fully integrated into national child protection systems and that they are adequately resourced, including in terms of funding and staffing. / Such structures shall be without prejudice to any existing systems in Member States.

AddedArticle 18 – paragraph 3: 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, as well as from using them for the purpose of carrying out return procedures.

RemovedArticle 23 – paragraph 3 – point c: (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.

AddedArticle 21 – paragraph 2: 2. Member States shall ensure that accessible, child-friendly, comprehensive, specialised, coordinated, need- and age-appropriate, medical care, including access to sexual and reproductive healthcare services, emotional, psychosocial, psychological, legal and educational and administrative support is provided to victims and their families, as well as any other appropriate support tailored in particular to situations of sexual abuse, with special attention to the long-term recovery of the victims. Such support shall be available in one place, based on the “Barnahus” model.

RemovedArticle 28 – paragraph 1: 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. Member States shall develop a communication strategy and promote dialogue and cooperation with civil society organisations, hotlines, helplines, public authorities, and relevant information society services.

AddedArticle 21 – paragraph 2 a (new): 2 a. The services referred to in paragraphs 1 and 2 shall be available free of charge, and shall be accessible every day of the week, without prejudice to those services that are provided for under the national healthcare system. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2, across the Member State.

RemovedArticle 28 – paragraph 2: 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, including on sexual education or safe online practices, 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.

AddedArticle 21 – paragraph 3: 3. Where necessary, Member States shall ensure that children are provided with interim accommodation. Children shall, as a priority, be placed with other family members, taking into account their best interest, where necessary in temporary or permanent housing, equipped with support services.

RemovedArticle 28 – paragraph 3: 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, staff in child care, healthcare professionals, 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.

AddedArticle 21 – paragraph 4: 4. Member States shall ensure that victims of offences punishable under this Directive have access to the referral centres established under Article 26 of Directive […/…/EU Proposed violence against women Directive]26 .

RemovedArticle 28 – paragraph 4 – subparagraph 1: Member States shall take appropriate measures to ensure the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, crèches, sports clubs or religious communities in order to equip children and adults, including parents and educators, with adequate skills for detecting potential malicious behaviour online.

AddedArticle 21 – paragraph 7: 7. Child victims of any of the offences referred to in Articles 3 to 9 shall be considered as particularly vulnerable victims within the meaning of Article 22(2) 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] .

RemovedArticle 28 – paragraph 4 – subparagraph 2 – point a: (a) dedicated training and awareness raising activities for staff, consultants 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;

AddedArticle 21 – paragraph 9 – introductory part: 9. Member States' efforts on assistance to victims shall be proactively supported by the EU Centre, once established by:

AddedArticle 22 – title: Protection of children in criminal investigations and proceedings

AddedArticle 22 – paragraph 1: 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 shall be trained in child-friendly justice.

AddedArticle 22 – paragraph 3 – point a: (a) interviews with the child victim or, where applicable, with a child witness, take place without unjustified delay after the facts have been reported to the competent authorities;

AddedArticle 22 – paragraph 3 – point b: (b) interviews with the child victim or, where applicable, with a child witness, take place in premises designed or adapted for this purpose;

AddedArticle 22 – paragraph 3 – point c: (c) interviews with the child victim or, where applicable, with a child witness, are carried out by or through professionals trained for this purpose;

AddedArticle 22 – paragraph 3 – point d: (d) the same persons, if possible and where appropriate, conduct all interviews with the child victim or, where applicable, with a child witness;

AddedArticle 22 – paragraph 3 – point f: (f) the child victim or, where applicable, with a child witness, may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.

AddedArticle 22 – paragraph 4: 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 applicable, 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.

AddedArticle 22 – paragraph 5 – point b: (b) the child victim or, where applicable, a child witness, be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.

AddedArticle 22 – paragraph 6: 6. Member States shall take the necessary measures, where in the interest of child victims or, where applicable, a child witness, and taking into account other overriding interests, to protect the privacy, identity and image of child victims, and of a child witnesses and to prevent the public dissemination of any information that could lead to their identification.

AddedArticle 22 – paragraph 7: 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 those related to the child’s age, maturity and mental and physical wellbeing. Member States shall ensure this applies to all children, including those suspected, accused of, or convicted of a crime.

AddedArticle 23 – paragraph 2: 2. In addition to their rights under Article 16a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], victims shall be allowed to request compensation in the context of criminal and civil proceedings for any damage caused to them by any of the offences punishable under this Directive. Member States shall ensure that no limitation period applies to the victim’s right to compensation.

AddedArticle 23 – paragraph 3: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 23 – paragraph 3 – point a: deleted

AddedArticle 23 – paragraph 3 – point b: deleted

AddedArticle 23 – paragraph 3 – point c: deleted

AddedArticle 24 – paragraph 1 – introductory part: Member States shall establish or appoint national authorities or equivalent entities to carry out the following activities:

AddedArticle 24 – paragraph 2: In carrying out the activities listed in paragraph 1, Member States shall be supported by the EU Centre, once established.

AddedArticle 25 – paragraph 1: Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to combat 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 Union agencies and bodies.

AddedArticle 25 a (new): Article 25a / International Cooperation / Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ competent authorities, Europol, Eurojust and the EU Centre 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 to 8b.

AddedArticle 26: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 27 – paragraph 1: 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 and anonymous access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed as well as to accessible, easy-to-use, safe and readily available channels such as helplines and online chats, operated by appropriately trained personnel. / Member States shall take the necessary measures to ensure that resources and support groups are available for persons who fear that their family member might commit any of the offences referred to in Articles 3 to 9.

AddedArticle 27 – paragraph 2: 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.

AddedArticle 28 – paragraph 1: 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. Member States shall develop a communication strategy, national action plans, and promote dialogue and cooperation with civil society organisations, hotlines, helplines, public authorities and relevant informations society services.

AddedArticle 28 – paragraph 1 a (new): 1 a. The measures referred to in paragraph 1 shall also aim to increase knowledge of the fact that non-consensual sex is a criminal offence and to 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 they are addressed.

AddedArticle 28 – paragraph 2: 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, including on digital literacy, on age-appropriate sexual education focusing on the notion of consent, on safe online and offline practices, as well as on the proper use of the internet and new technologies, 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.

AddedArticle 28 – paragraph 3: 3. Member States shall ensure regular and specialised training , including in child friendly justice is promoted or offered to 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 staff in child care, healthcare professionals, educators, volunteers and coaches, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse or potential abuse or sexual exploitation, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

AddedArticle 28 – paragraph 4 – subparagraph 1: Member States shall take appropriate measures to ensure the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, day care, sports clubs or religious communities by equipping children and adults, including parents and educators, with adequate skills for detecting potential malicious behaviour. / The measure shall include:

AddedArticle 28 – paragraph 4 – subparagraph 2 – point a: (a) dedicated training and awareness raising activities for staff, consultants 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;

AddedArticle 31 – paragraph 2 – point b: (b) the annual number of offences reported, of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;