8 Amendments of Milan UHRÍK related to 2024/0035(COD)
Amendment 85 #
Proposal for a directive
Recital 16
Recital 16
(16) The maximum term of imprisonment provided for in this Directive for the offences referred to therein should apply at leastall be applied to the most serious forms of such offences. Member States retain the discretion to extend these terms based on the severity and specific circumstances of the offence, in accordance with national judicial principles.
Amendment 140 #
Proposal for a directive
Recital 50
Recital 50
(50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriatedeemed necessary by the competent authorities given the risks, convicted offenders shouldall be temporarily or permanently prevenohibited from exercising at least professionalngaging in any professional or voluntary activities involving direct and regular contacts with children or within organisations that work for childreactivities within or organiszations acting in the public interest on the fight againstin combating child sexual abuse . Employers when recruiting for a postitions involving direct and regular contact with children shouldare required to request information on existing convictions for sexual offencses against children enterrecorded in the criminal record,gister or ofn existing disqualifications. For the purposes of this Directive, the term ‘"employers’ should also cover persons runn" also includes individuals managing an organiszation that is actis involved in volunteer workactivities related to the supervision or care of children involving direct and regular contact with children child care and supervision, including community settingenvironments such as schools, hospitals, social care services, sports clubs, or religious communities . The way such information is delivered, such as for examplemethod of providing such information, for instance, access via the person concerned, and individual, as well as the precise content of the information, the meaningdefinition of organiszed voluntaryeer activities, and direct and regular contact with children, should be laid downall be determined in accordance with national law. However, the information transmitted from one competent authority to another shouldInformation exchanged between competent authorities must at least containinclude all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtainedgisters of each Member State, as well as all accessible records from third countries, such as information that can be obtainabled from the United Kingdom through the channel established in accordance withunder Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . _________________ 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internatio n/2021/689(1)/ojhttp://data.europa.eu/eli/ agree_internation/2021/689(1)/ojUnited Kingdom.
Amendment 153 #
Proposal for a directive
Recital 63
Recital 63
(63) The obligation to transpose this Directive into national law should be confined to those provisions which represent alimited to substantive amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive, ensuring Member States’ flexibility in aligning national law with the Directive’s objectives.
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive aims to establishes minimum rules concerning recommendations regarding to the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse materialpornography and solicitation of children for sexual purposes. It also aims to introduces provisions to strengthen the prevention of those criminal offencese and the protection of theits victims thereof.
Amendment 201 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) ‘ child sexual abuse performance’ means a live exhibition aimed at an individual or at an audience, including by means of information and communication technology, of:
Amendment 540 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States, supported by the EU Centre once established, shall issue guidelines for the persons referred to in paragraph 3 on identifying whether an offence punishable under this Directive has been committed or is likely to be committed and on reporting to competent authorities. Such guidelines shall also indicate how to address the specific needs of victims, while taking into account national practices and standards.
Amendment 560 #
Proposal for a directive
Article 19 – paragraph 6
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.
Amendment 673 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall take the necessary measures to ensure that persons who fearindividuals who have tendencies or concerns that they mightay commit any of the offencses referred to in Articles 3 to 9 have access to dedicatare required to undergo specialized and effective intervention programmes or measures. These programs and measures shall be designed to evaluate and preventrigorously assess and minimize the risk of such offencses being committed and may include participation in monitoring and evaluation sessions as determined by the competent authorities.