Changes from report parliamentary committee draft to plenary report

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:

Article 14 – paragraph 1 – point f a (new): (f a) where there is a public interest, the publication of all or part of the judicial decision relating to the criminal offence committed and the penalties or measures imposed, without prejudice to rules on privacy and the protection of personal data.

Change 2

ChangedArticle 14 – paragraph 2: 2. Member States shall take the necessary measures to ensure that, for legal persons held liable pursuant to Article 13, offences punishable by a maximum term of imprisonment of at least 2 years for natural persons are punishable by fines whose maximum level should be not less than 1 percent of the total worldwide turnover of the legal person either in the business year preceding that in which the offence was committed or in the business year preceding the decision to impose the fine, or an amount corresponding to EUR 8 000 000.000, whichever is higher.

Change 3

ChangedArticle 14 – paragraph 3: 3. Member States shall take the necessary measures to ensure that, for legal persons held liable pursuant to Article 13, offences punishable by a maximum term of imprisonment of at least 3 years for natural persons are punishable by fines, whose maximum level should be not less than 5 percent of the total worldwide turnover of the legal person either in the business year preceding that in which the offence was committed or in the business year preceding the decision to impose the fine, or an amount corresponding to EUR 40 000 000.000, whichever is higher.

Article 14 – paragraph 3 a (new): 3 a. Member States may establish rules for cases in which it is not possible to determine the amount of the fine on the basis of the total worldwide turnover of the legal person in the business year preceding the year in which the offence was committed or in the business year preceding the decision to impose the fine.

Change 4

RemovedArticle 16 – paragraph 2 – subparagraph 2 – point a: (a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

AddedArticle 16 – title: Investigation and prosecution

RemovedArticle 16 – paragraph 2 – subparagraph 2 – point b: (b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

AddedArticle 16 – paragraph 2 – subparagraph 1: deleted

RemovedArticle 16 – paragraph 2 – subparagraph 2 – 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 of imprisonment.

AddedArticle 16 – paragraph 2 – subparagraph 2: deleted / (deleted) / (deleted) / (deleted)

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.