Changes from report parliamentary committee draft to plenary report

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.

Article 19 – paragraph 6: 6. Where a criminal offence referred to in Articles 3 to 9 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State is to conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Framework Decision 2009/948/JHA, be referred to Eurojust and all competent national authorities shall be informed accordingly in order to facilitate cross-border cooperation.

Change 5

ChangedArticle 19 – paragraph 6 a (new): 6 a. Member States shall, where appropriate, ensure efficient cooperation with Eurojust and Europol concerning criminal proceedings and investigations related to child sexual abuse offences and concerning the transfer of such proceedings, particularly in cases involving multiple Member States. Such cooperation shall facilitate cross-border information exchange, joint investigations, and assistance in prosecution endeavours.

Change 6

RemovedArticle 21 – paragraph 2: 2. Victims shall be provided with comprehensive, specialised, coordinated, age-appropriate medical care, gender-sensitive, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.

AddedArticle 20 – paragraph 1: 1. Member States shall ensure that child victims of the offences referred to in Articles 3 to 9 are provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child, irrespective of whether they have filed a formal complaint.

RemovedArticle 23 – paragraph 3 – 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;

AddedArticle 20 – paragraph 2 a (new): 2 a. Member States shall ensure the provision of easily accessible, free of charge and comprehensive healthcare services for child victims of sexual abuse or exploitation, including sexual and reproductive healthcare.

RemovedArticle 23 – paragraph 3 – 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;

AddedArticle 21 – paragraph 1: 1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably provide victims of offences referred to in Articles 3 to 9 with easily accessible referral centres, that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence, in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Those centres shall provide trauma-sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations that may be provided in these centres or by referral to specialised centres or units. Member States shall ensure coordination between the referral…

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;

Article 28 – paragraph 4 – subparagraph 2 – point b: (b) mandatory child safeguarding policies, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

Change 7

RemovedArticle 28 – paragraph 5 – point c: (c) facilitating the generation and exchange of knowledge, best practices and expertise among Member States, Union institutions, bodies, offices and agencies, and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries;

AddedArticle 28 – paragraph 4 – subparagraph 2 – point c: (c) the creation of safe and accessible spaces, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.

AddedArticle 28 – paragraph 4 – subparagraph 2 – point c a (new): (c a) the creation of helplines, online chats or other readily available channels run by appropriately trained personnel, where children can obtain information and advice regarding the offences referred to in Articles 3 to 8b.

AddedArticle 28 – paragraph 4 – subparagraph 3: Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental, intellectual, sensory or physical disabilities.

AddedArticle 28 – paragraph 5 – introductory part: 5. For the purpose of this Directive, Member States shall be proactively supported by the EU Centre, once established by:

AddedArticle 28 – paragraph 5 – point c: (c) facilitating the generation and exchange of knowledge, guidelines for front-line professionals, best practices and expertise among Member States, Union institutions, bodies, offices and agencies and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.