Activities of Cornelia ERNST related to 2022/0155(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
Amendments (289)
Amendment 278 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal (COM(2022)0209).
Amendment 292 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.
Amendment 299 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 300 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future-proof manner, so as not to hamper innovation.
Amendment 305 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 307 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available number independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video- hosting are equally at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.
Amendment 312 #
Proposal for a regulation
Recital 6
Recital 6
(6) Online child sexual abuse frequently involves the misuse of information society services offered in the Union by providers established in third countries. In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.
Amendment 315 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 317 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Encryption, and especially end-to- end encryption, is an increasingly important tool to guarantee the security and confidentiality of the communications of all users, including children. Any restrictions or undermining of any kind of encryption, de jure or de facto, can be used and abused by malicious third parties. Nothing in this Regulation should be interpreted as prohibiting providers of information society services from using any kind of encryption on any part of their services, restricting or, undermining or bypassing such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services. Providers of information society services should under no circumstances be prevented from providing their services using the highest standards of encryption, considering that such encryption is essential for trust in and security of the digital services.
Amendment 318 #
Proposal for a regulation
Recital 11
Recital 11
(11) A substantial connection to the Union should be considered to exist where the relevant information society services has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of a software application in the relevant national software application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1), point (c), of Regulation (EU) 1215/2012 of the European Parliament and of the Council44. Mere technical accessibility of a website from the Union should not, alone, be considered as establishing a substantial connection to the Union. _________________ 44 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 320 #
Proposal for a regulation
Recital 12
Recital 12
(12) For reasons of consistency and technological neutrality, the term ‘child sexual abuse material’ should for the purpose of this Regulation be defined as referring to any type of material constituting child pornography or pornographic performancematerial that visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of a child for primarily sexual purposes or any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes; or a live exhibition aimed at an audience, including by means of information and communication technology, of a child engaged in real or simulated sexually explicit conduct; or the sexual organs of a child for primarily sexual purposes within the meaning of Directive 2011/93/EU, which is capable of being disseminated through the use of hosting or interpersonal communication services. At present, such material typically consists of images or videos, without it however being excluded that it takes other forms, especially in view of future technological developments.
Amendment 321 #
Proposal for a regulation
Recital 13
Recital 13
(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators.
Amendment 327 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number independent interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.
Amendment 339 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 340 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) To further prevent online child sexual abuse effectively, an emphasis should be placed on public awareness raising, including through easily understandable campaigns and in education with a focus on empowerment of young people to use the internet safely and to address societal factors that enable child sexual abuse, including harmful gender norms and broader issues of societal inequality; In addition awareness raising should focus on hotlines where young people can report what has happened to them, as well as to improve access to institutional reporting by police and social services and other authorities.
Amendment 342 #
Proposal for a regulation
Recital 17
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, pProviders should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement,, taking into accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authoritount the autonomy and rights of children and apapt their design, features and functions of services accordingly.
Amendment 349 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number independent interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the CommissionEU Centre. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.
Amendment 351 #
Amendment 352 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 362 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 367 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 371 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 375 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 378 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 379 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 394 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 402 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 408 #
Proposal for a regulation
Recital 29
Recital 29
(29) Providers of hosting services and providers of publicly available number independent interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonableserious grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. TWherever possible, those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.
Amendment 416 #
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection,. Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 418 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 421 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 423 #
Proposal for a regulation
Recital 35
Recital 35
(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victimsurvivors depicted. VictimSurvivors should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation and have the right to request the deletion of this child sexual abuse material. In such a case, survivors should have the right to obtain relevant information, upon request, from the EU Centre via the Coordinating Authorities.
Amendment 430 #
Proposal for a regulation
Recital 36
Recital 36
(36) Given the impact on the rights of victimsurvivors depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victimsurvivors who request the removal or disabling of access of the material in question in a timely manner, in order to minimise the impact that such offences have on the physical and mental health of the minor. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victimsurvivors should also have the right to receive adequate support and to be assisted by the EU Centre in this regard, via the Coordinating Authorities.
Amendment 431 #
Proposal for a regulation
Recital 37
Recital 37
(37) To ensure the efficient management of such victimsurvivor support functions, victims shoulsurvivors should be informed about the existence of such functions and be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between victimsurvivors and the EU Centre.
Amendment 432 #
Proposal for a regulation
Recital 38
Recital 38
(38) For the purpose of facilitating the exercise of the victimsurvivors’ right to information and of assistance and support for removal or disabling of access, victim, survivors should be allowed to indicate the relevant item or items of child sexual abuse material in respect of which they are seeking to obtain information or removal or disabling of access either by means of providing the image or images or the video or videos themselves, or by means of providing the uniform resource locators leading to the specific item or items of child sexual abuse material, or by means of any other representation allowing for the unequivocal identification of the item or items in question.
Amendment 434 #
Proposal for a regulation
Recital 44
Recital 44
(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, without prejudice to the enforcement powers of other national authorities. The Coordinating Authority should oversee issues related to prevention, education and awareness raising, and organise and promote regular trainings for officials, including law enforcement authorities, who deal with cases which involve children.
Amendment 436 #
Proposal for a regulation
Recital 48
Recital 48
(48) Given the need to ensure the effectiveness of the obligations imposed, Coordinating Authorities should be granted enforcement powers to address infringements of this Regulation. These powers should include the power to temporarily restrict access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place. In light of the high level of interference with the rights of the service providers that such a power entails, the latter should only be exercised when certain conditions are met. Those conditions should include the condition that the infringement results in the regular and structural facilitation of child sexual abuse offences, which should be understood as referring to a situation in which it is apparent from all available evidence that such facilitation has occurred on a large scale and over an extended period of time.
Amendment 439 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of detection orders, removal orders or blocking, removal orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concerned.
Amendment 443 #
Proposal for a regulation
Recital 50
Recital 50
(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.
Amendment 444 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 448 #
Proposal for a regulation
Recital 56
Recital 56
Amendment 452 #
Proposal for a regulation
Recital 58
Recital 58
(58) In particular, in order to facilitate the cooperation needed for the proper functioning of the mechanisms set up by this Regulation, the EU Centre should establish and maintain the necessary information-sharing systems. When establishing and maintaining such systems, the EU Centre should cooperate with the European Union Agency for Law Enforcement Cooperation (‘Europol’) and national authorities to build on existing systems and best practices, where relevant.
Amendment 455 #
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blockreporting obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.
Amendment 458 #
Proposal for a regulation
Recital 61
Recital 61
Amendment 460 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The EU Centre should be charged with the provision of assistance to Coordinating Authorities, as well as the generation of research, prevention techniques and sharing of knowledge, best practices and expertise related to online child sexual abuse, successful initiatives on digital skills and competences in an age appropriate manner, including media literacy, on sex education, and reacting timely to the evolving trends of child sexual abuse material dissemination.
Amendment 461 #
Proposal for a regulation
Recital 62
Recital 62
Amendment 463 #
Proposal for a regulation
Recital 63
Recital 63
(63) For the purpose of ensuring the traceability of the reporting process and of any follow-up activity undertaken based on reporting, as well as of allowing for the provision of feedback on reporting to providers of hosting services and providers of publicly available interpersonal communications services, generating statistics concerning reports and the reliable and swift management and processing of reports, the EU Centre should create a dedicated database of such reports. To be able to fulfil the above purposes, that database should also contain relevant information relating to those reports, such as the indicators representing the material and ancillary tags, which can indicate, for example, the fact that a reported image or video is part of a series of images and videos depicting the same victim or victimsurvivor or survivors.
Amendment 464 #
Proposal for a regulation
Recital 64
Recital 64
(64) Given the sensitivity of the data concerned and with a view to avoiding any errors and possible misuse, it is necessary to lay down strict rules on the access to those databases of indicators and databases of reports, on the data contained therein and on their security. In particular, the data concerned should not be stored for longer than is strictly necessary. For the above reasons, access to the database of indicators should be given only to the parties and for the purposes specified in this Regulation, subject to the controls by the EU Centre, and be limited in time and in scope to what is strictly necessary for those purposes.
Amendment 467 #
Proposal for a regulation
Recital 65
Recital 65
(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks, reports should pass through the EU Centre. The EU Centre should assess those reports in order to identify those that are manifestly unfounded, that is, where it is immediately evident, without any substantive legal or factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is manifestly unfounded, the EU Centre should provide feedback to the reporting provider of hosting services or provider of publicly available number independent interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.
Amendment 470 #
Proposal for a regulation
Recital 66
Recital 66
(66) With a view to contributing to the effective application of this Regulation and the protection of victimsurvivors’ rights, the EU Centre should be able, upon request, to support victimsurvivors and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators.. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis.
Amendment 472 #
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse, including lessons learned from, prevention and awareness raising campaigns. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned on creating safe digital experiences for children and promoting their empowerment and active participation in the digital environment.
Amendment 474 #
Proposal for a regulation
Recital 69
Recital 69
(69) In order to allow for the effective and efficient performance of its tasks, the EU Centre should closely cooperate with Coordinating Authorities, the Europol and relevant partner organisations, such as the US National Centre for Missing and Exploited Children or the International Association of Internet Hotlines (‘INHOPE’) network of hotlines for reporting child sexual abuse material, within the limits sets by this Regulation and other legal instruments regulating their respective activities. To facilitate such cooperation, the necessary arrangements should be made, including the designation of contact officers by Coordinating Authorities and the conclusion of memoranda of understandinga working arrangement with Europol and, where appropriate, with one or more of the relevant partner organisations.
Amendment 478 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 479 #
Proposal for a regulation
Recital 72
Recital 72
Amendment 484 #
Proposal for a regulation
Recital 74
Recital 74
(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.
Amendment 488 #
Proposal for a regulation
Recital 75
Recital 75
Amendment 491 #
Proposal for a regulation
Recital 76
Recital 76
(76) In the interest of good governance and drawing on the statistics and information gathered and transparency reporting mechanisms provided for in this Regulation, the Commission should carry out an evaluation of this Regulation within fivetwo years of the date of its entry into force, and every fivetwo years thereafter.
Amendment 501 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of number independent interpersonal communications services to detect and report online child sexual abuse and to cooperate with the EU Centre;
Amendment 509 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c
Article 1 – paragraph 1 – subparagraph 2 – point c
(c) obligations on providers of hosting services to remove or disable access toknown child sexual abuse material on their services;
Amendment 510 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d
Article 1 – paragraph 1 – subparagraph 2 – point d
Amendment 525 #
Proposal for a regulation
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) Regulation (EU) 2016/679, Directive 2016/680, Regulation (EU) 2018/1725, and, subject to paragraph 4 of this Article, Directive 2002/58/EC.
Amendment 530 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Nothing in this Regulation shall be interpreted as prohibiting, restricting or undermining, including de-facto, the provision or use of encrypted and end-to- end encrypted services. Providers shall not in particular be prohibited or discouraged from offering end-to-end encrypted services, and the provision of such services shall not be made, including de-facto, difficult, financially unsustainable, or impossible.
Amendment 533 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation shall be without prejudice to the rules on professional secrecy under national law, such as rules on the protection of professional communications, between doctors and their patients, between journalists and their sources, or between lawyers and their clients, in particular since the confidentiality of communications between lawyers and their clients is key to ensuring the effective exercise of the rights of the defence as an essential part of the right to a fair trial.
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 3 c (new)
Article 1 – paragraph 3 c (new)
3c. This Regulation does not provide for a lawful basis for the processing of personal data for the sole purpose of detecting child sexual abuse on a voluntary basis.
Amendment 537 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 545 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘number independent interpersonal communications service’ means a publicly available services as defined in Article 2, point 57, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 553 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 561 #
(ii) anindependent interpersonal communications services;
Amendment 562 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii
Article 2 – paragraph 1 – point f – point iii
Amendment 567 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv
Article 2 – paragraph 1 – point f – point iv
Amendment 573 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘child’ means any natural person below the age of consent as regulated in the respective Member States, but at least below the age of 18 years;
Amendment 579 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of consent as regulated in the respective Member States, but at least below the age of 17 years;
Amendment 584 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) ‘child sexual abuse material’ means any material constituting child pornography or pornographic performancethat visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of a child for primarily sexual purposes or any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes; or a live exhibition aimed at an audience, including by means of information and communication technology, of a child engaged in real or simulated sexually explicit conduct; or the depict of sexual organs of a child for primarily sexual purposes as defined in Article 2, points (c) and (e), respectively, of Directive 2011/93/EU;
Amendment 585 #
Proposal for a regulation
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘known child sexual abuse material’ means potential child sexual abuse material detected using the indicators contained in the database of indicators referred to in Article 44(1), point (a);
Amendment 586 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 588 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 591 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material and the solicitation of children;
Amendment 598 #
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
Amendment 601 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘main establishment’ means the head office or registered office of the provider of relevant information society services within which the principal financial functions and operational control are exercised.
Amendment 612 #
1. Providers of hosting services and providers of number independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the riskcarry out a risk assessment of use of the service for the purpose of online child sexual abuse. The risk asessment shall be made public.
Amendment 624 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) the existence and implementation by the provider of a policy and the availability of functionalities to address the risk referred to in paragraph 1, including through the followingof:
Amendment 630 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1
Article 3 – paragraph 2 – point b – indent 1
Amendment 632 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2
Article 3 – paragraph 2 – point b – indent 2
Amendment 638 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
Amendment 642 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4
Article 3 – paragraph 2 – point b – indent 4
– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate; and capacity to meaningfully deal with those reports in a timely manner;
Amendment 654 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 657 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 662 #
Amendment 696 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment.
Amendment 699 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The costs incurred by the EU Centre for the performance of such an analysissupport of the risk assessment shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium- sized enterprise, provided the request is reasonably necessary to support the risk assessment.
Amendment 703 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Risk assessment obligations shall always be strictly necessary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, nor an obligation for providers to seek knowledge of illegal content.
Amendment 704 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
The provider shall carry out the first risk assessment by [Date of application of this Regulation + 36 months] or, where the provider did not offer the service in the Union by [Date of application of this Regulation], by threesix months from the date at which the provider started offering the service in the Union.
Amendment 707 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Subsequently, the provider shall update the risk assessment where necessary and at least once every three years from the date at which it last carried out or updated the risk assessment. However:
Amendment 708 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
Amendment 711 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point b
Article 3 – paragraph 4 – subparagraph 2 – point b
Amendment 713 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 717 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission,EU Centre in cooperation with European Data Protection Board, the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and usedcarrying out the risk asessment.
Amendment 727 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall take reasonable mitigation measures, tailored to the systermic risks identified pursuant to Article 3, to minimise that risk. Such measures shall, where applicable and technically feasible without being detrimental to the technical integrity or operating model of the platform or service, and without being detrimental to the confidentiality of the communications on that service, may include some or all of the following:
Amendment 737 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adapting, through appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its terms and conditions;
Amendment 786 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk as well as the provider’s financial and technological capabilities and the number of users;
Amendment 790 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) applied in a diligent and non- discriminatory manner, with full assessment, having due regard, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected and in particular of the rights to privacy, data protection and freedom of expression, and for the protection of the integrity and security of platforms and services, including those that are end-to-end encrypted;
Amendment 796 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) introduced, reviewed, discontinued or expanded, as appropriate, each time the risk assessment is conducted or updated pursuant to Article 3(4), as soon as possible and in any case within threesix months from the date referred to therein.
Amendment 801 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 812 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Risk mitigation measures shall always be strictly necessary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, contrary to Article 5 of the ePrivacy Directive, nor an obligation for providers to seek knowledge of illegal content.
Amendment 814 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures.
Amendment 820 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission,EU Centre in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used.
Amendment 822 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The European Data Protection Board (EDPB) shall issue guidelines regarding the compliance with the General Data Protection Regulation of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non- encrypted environments. Data Protection Authorities shall be in charge of the supervision of the application of the EDPB guidelines and they shall assess any technologies currently used or that will be used to scan the content of communications with the aim of detecting CSAM or any other type of content in light of the Regulation (EU) 2016/679 (General Data Protection Regulation) and the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
Amendment 824 #
Proposal for a regulation
Article 4 – paragraph 5 b (new)
Article 4 – paragraph 5 b (new)
5b. Where the mitigating measures by a provider in accordance with Paragraph 1 prove to be ineffective or insufficient, the Coordinating Authority shall have the power to order the provider to comply with this Article, including by ordering the provider to take specific mitigating measures in accordance with this Article.
Amendment 829 #
Proposal for a regulation
Article 5
Article 5
Amendment 855 #
Proposal for a regulation
Article 6
Article 6
Amendment 881 #
Proposal for a regulation
Article 7
Article 7
Amendment 1051 #
Proposal for a regulation
Article 8
Article 8
Amendment 1100 #
Proposal for a regulation
Article 9
Article 9
Amendment 1126 #
Proposal for a regulation
Article 10
Article 10
Amendment 1208 #
Amendment 1223 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first.
Amendment 1226 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 1233 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include, insofar available:
Amendment 1244 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) information on the reporting mechanism or specific technology used to detect the content;
Amendment 1248 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) all availableother relevant data other than content data related to the potentialsuspected online child sexual abuse;
Amendment 1250 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 1256 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) information concerning the geographic location related to the potentialsuspected online child sexual abuse, such as the Internet Protocol address;
Amendment 1258 #
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) information concerning the identity of any user involved in the potentialsuspected online child sexual abuse;
Amendment 1260 #
Proposal for a regulation
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
(h) whether the provider has also reported, or will also report, the potentialsuspected online child sexual abuse to a public authority or other entity competent to receive such reports of a third country and if so, which authority or entity;
Amendment 1262 #
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) where the potentialsuspected online child sexual abuse concerns the dissemination of known or new child sexual abuse material, whether the provider has removed or disabled access to the material;
Amendment 1270 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.
Amendment 1271 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider, but in any case no longer than 3 days.
Amendment 1278 #
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
(g) a reference to Article 14 of this Regulation as the legal basis for the removal order;
Amendment 1281 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility not attributable to it, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds, using the template set out in Annex V.
Amendment 1282 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. If the provider considers that the removal order has not been issued in accordance with this Article, or is manifestly abusive, it shall refuse to execute the order and provide a reasoned justification to the Coordinating Authority that issued the order.
Amendment 1283 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The provider shall, without undue delay and using the template set out in Annex VI, inform the Coordinating Authority of establishment and the EU Centre, of the measures taken to execute the removal order, indicating, in particular, whether the provider removed the child sexual abuse material or disabled access thereto in all Member States and the date and time thereof.
Amendment 1288 #
(a) the fact that it removed the material or disabled access thereto;
Amendment 1289 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) the reasons for the removal or disabling, providing a copy of the removal order upon the user’s request;
Amendment 1292 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 1299 #
Proposal for a regulation
Article 16
Article 16
Amendment 1310 #
Proposal for a regulation
Article 17
Article 17
Amendment 1320 #
Proposal for a regulation
Article 18
Article 18
Amendment 1330 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements.
Amendment 1335 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Amendment 1338 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. . The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible manner.
Amendment 1350 #
Proposal for a regulation
Article 20 – paragraph 3 – point d
Article 20 – paragraph 3 – point d
(d) whether the provider reported having removed or disabled access to the material, in accordance with Article 13(1), point (i).
Amendment 1354 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Amendment 1360 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
Amendment 1364 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible way.
Amendment 1370 #
Proposal for a regulation
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
(b) verifying whether the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1);
Amendment 1380 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point a
Article 22 – paragraph 1 – subparagraph 1 – point a
(a) executing a detection order issued pursuant to Article 7, or a removal order issued pursuant to Article 14;
Amendment 1381 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c
Article 22 – paragraph 1 – subparagraph 1 – point c
Amendment 1385 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Amendment 1388 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Providers shall preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal or disabling of access, whichever occurs first.
Amendment 1392 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The provider shall mandate its legal representatives to be addressed in addition to or instead of the provider by the Coordinating Authorities, other competent authorities of the Member States and the Commission on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation, including detection orders, removal orders and blocking orders.
Amendment 1396 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. The Coordinating Authority shall also be responsible for the coordination and adaptation of prevention techniques, elaborated by the EU Centre. The Coordinating Authority shall issue recommendations and good practices on improving digital skills and competences, including media literacy, amongst the population through the realization of awareness campaigns on a national level, targeting in particular parents and children on the detection and prevention of child sexual abuse online.
Amendment 1399 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters including issues related to prevention, education and awareness raising and the organisation of regular training activities for officials, including in law enforcement authorities who deal with cases which involve children and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union.
Amendment 1405 #
Proposal for a regulation
Article 25 – paragraph 7 – point a
Article 25 – paragraph 7 – point a
(a) provide certain information or technical expertise on matters covered by this Regulation;n matters covered by this Regulation, including knowledge and expertise on appropriate prevention techniques against online solicitation of children and the dissemination of CSAM online.
Amendment 1410 #
Proposal for a regulation
Article 25 – paragraph 7 – point c
Article 25 – paragraph 7 – point c
(c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blockingremoval order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;
Amendment 1414 #
Proposal for a regulation
Article 25 – paragraph 7 – point d
Article 25 – paragraph 7 – point d
(d) verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority.
Amendment 1429 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
Amendment 1431 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
Amendment 1433 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
Amendment 1436 #
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) the power to request information from the service provider, including to assess whether the measures taken to execute a detection order, removal order or blockingremoval order comply with the requirements of this Regulation.
Amendment 1437 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 1439 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 1440 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) the power to order the cessation of infringements of this Regulation and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end;
Amendment 1442 #
Proposal for a regulation
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) the power to impose fines, or request a judicial authority in their Member State to do so, in accordance with Article 35 for infringements of this Regulation, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph;
Amendment 1445 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 1446 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 1447 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1448 #
Proposal for a regulation
Article 29
Article 29
Amendment 1456 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The measures taken by the Coordinating Authorities in the exercise of their investigatory and enforcement powers referred to in Articles 27, 28 and 298 shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement of this Regulation or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of relevant information society services concerned, where applicable.
Amendment 1458 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 298 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected.
Amendment 1460 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known or new child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) and (b), where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation.
Amendment 1462 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them of the presence on their servicein accordance with Article 33 of the presence on their service and any other hosting service provider of one or more specific items of known child sexual abuse material and to request them to remove or disable access to that item or those items, for the providers’ voluntary consideration.
Amendment 1465 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State where the user resides or is establishedof choice.
Amendment 1473 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 13% of the annual income or global turnover of the preceding business year of the provider or the other person referred to in Article 27.
Amendment 1475 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider or the other person referred to in Article 27 in the preceding financial year per day, calculated from the date specified in the decision concerned.
Amendment 1483 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a
Article 36 – paragraph 1 – subparagraph 1 – point a
(a) specific items of material and transcripts of conversations that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material or the solicitation of children, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3);
Amendment 1486 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b
Article 36 – paragraph 1 – subparagraph 1 – point b
(b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3).as applicable, for the EU Centre
Amendment 1489 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, the transcripts of conversations identified as the solicitation of children, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph.
Amendment 1495 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material or the solicitation of children, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph.
Amendment 1497 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
Article 37 – paragraph 1 – subparagraph 2
Amendment 1500 #
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. The request or recommendation referred to in paragraph 1 shall at least indicate:
Amendment 1501 #
Proposal for a regulation
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
(b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Coordinating Authority that sent the request, or the Commission suspects, that the provider infringed this Regulation;
Amendment 1502 #
Proposal for a regulation
Article 37 – paragraph 2 – point c
Article 37 – paragraph 2 – point c
(c) any other information that the Coordinating Authority that sent the request, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative and suggestions for specific investigatory or enforcement measures to be taken. considers relevant;
Amendment 1505 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request or recommendation referred to in paragraph 1.
Amendment 1506 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 2
Article 37 – paragraph 3 – subparagraph 2
Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request or recommendation and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.
Amendment 1508 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, or the Commission, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, an explanation of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.
Amendment 1513 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The participating Coordinating Authorities shall make the results of the joint investigations available to other Coordinating Authorities, the Commission and the EU Centre, through the system established in accordance with Article 39(2), for the fulfilment of their respective tasks under this Regulation.
Amendment 1516 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.
Amendment 1520 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services.
Amendment 1524 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information- sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.
Amendment 1532 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. The EU Center must be completely independent from Europol.
Amendment 1536 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objectives of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, and removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, educational materials, good practices and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
Amendment 1543 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The seat of the EU Centre shall be The Hague, The Netherlandsin Bratislava, Slovakia.
Amendment 1549 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a
Article 43 – paragraph 1 – point 1 – point a
(a) supporting the Commission in the preparation ofpreparing the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66;
Amendment 1551 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b
Article 43 – paragraph 1 – point 1 – point b
Amendment 1554 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2
Article 43 – paragraph 1 – point 2
Amendment 1558 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – introductory part
Article 43 – paragraph 1 – point 4 – introductory part
(4) facilitate the removal process referred to in Section 4 of Chapter II and the other processes referred to in Section 5 and 6 of that Chapter, by:
Amendment 1561 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b
Article 43 – paragraph 1 – point 4 – point b
Amendment 1563 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c
Article 43 – paragraph 1 – point 4 – point c
Amendment 1566 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point d
Article 43 – paragraph 1 – point 4 – point d
(d) providing information and support to victimsurvivors in accordance with Articles 20 and 21;
Amendment 1568 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – introductory part
Article 43 – paragraph 1 – point 5 – introductory part
(5) support the Coordinating Authorities and the Commission in the performance of their tasks under this Regulation and facilitate cooperation, coordination and communication in connection to matters covered by this Regulation, by:
Amendment 1569 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point c
Article 43 – paragraph 1 – point 5 – point c
Amendment 1570 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point e
Article 43 – paragraph 1 – point 5 – point e
(e) assisting the Commission in the preparation of the delegated and implementing acts and the guidelines that the Commission adopts under this Regulation;
Amendment 1576 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of research and expertise on those matters and on assistance to victimsurvivors, including by serving as a hub of expertise to support evidence-based policy;
Amendment 1598 #
Proposal for a regulation
Article 44
Article 44
Amendment 1625 #
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
(c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis;
Amendment 1628 #
Proposal for a regulation
Article 45 – paragraph 2 – point e
Article 45 – paragraph 2 – point e
(e) where available, information indicating that the provider that submitted a report concerning the dissemination of known or new child sexual abuse material removed or disabled access to the material;
Amendment 1630 #
Proposal for a regulation
Article 45 – paragraph 2 – point g
Article 45 – paragraph 2 – point g
Amendment 1632 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director shall have access to and be entitled to process the data contained in the databases referred to in Articles 44 and 45.
Amendment 1633 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
Amendment 1638 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 1639 #
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 1643 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
Amendment 1645 #
Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 1
Article 46 – paragraph 6 – subparagraph 1
The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 and 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable.
Amendment 1651 #
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection and blocking in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met.. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data.
Amendment 1654 #
Proposal for a regulation
Article 46 – paragraph 8
Article 46 – paragraph 8
8. The EU Centre shall ensure that the data contained in the databases referred to in Articles 44 and 45 is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary.
Amendment 1655 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article46a Logging 1. The EU Centre, the Coordinating Authorities and competent authorities shall provide for logs to be kept for at least the following processing operations, in relation to tasks performed on the basis of this Regulation: collection, alteration, consultation, disclosure including transfers, combination and erasure. 2. The logs of consultation and disclosure shall make possible to establish the justification, date and time of such operations and, as far as possible, the identification of the person who consulted or disclosed the data, and the identity of the recipients of such data. 3. The logs shall be used solely for verification of the lawfulness of processing, self-monitoring, ensuring the integrity and security of the personal data, and for criminal proceedings. 4. The EU Centre, the Coordinating Authorities and competent authorities shall make the logs available to the relevant data protection supervisory authority on request.
Amendment 1656 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 1657 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 1661 #
Proposal for a regulation
Article 47 – paragraph 1 – point d
Article 47 – paragraph 1 – point d
(d) access to the databases referred to in Articles 44 and 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6);
Amendment 1662 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) the regular verifications and audits to ensure that the data contained in thoseis databases is complete, accurate and up-to- date referred to in Article 46(7) and the security of the storage of the data, including the technical and organisational safeguards and regular review referred to in Article 46(8).
Amendment 1672 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1
Article 48 – paragraph 3 – subparagraph 1
Where the EU Centre considers that a report is not manifestly unfounded, it shallmay forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it, to Europol and to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates.
Amendment 1674 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2
Article 48 – paragraph 3 – subparagraph 2
Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shallmay forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. The report submitted to Europol shall only contain information necessary for the purpose of identifying the competent law enforcement authority.
Amendment 1676 #
Proposal for a regulation
Article 48 – paragraph 6 – introductory part
Article 48 – paragraph 6 – introductory part
6. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offencesit is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State, the EU Centre shall:
Amendment 1678 #
Proposal for a regulation
Article 48 – paragraph 7
Article 48 – paragraph 7
7. The time periods referred to in the first subparagraph of paragraph 6, points (a) and (b), shall be those specified in the competent law enforcement authority’s request to the EU Centre, provided that they. These time periods shall remain limited to what is necessary to avoid interferenceand proportionate in a democratic society with thdue relevant activities and doesgard to the fundamental rights and legitimate interests of the natural persons concerned and in any caseshall not exceed 184 months.
Amendment 1679 #
Proposal for a regulation
Article 48 – paragraph 8
Article 48 – paragraph 8
8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed or disabled access to the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove or disable access to the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof.
Amendment 1685 #
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations:
Amendment 1688 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) where so requested to support a victimsurvivor by verifying whether the provider of hosting services removed or disabled access to one or more specific items of known child sexual abuse material depicting the victimsurvivor, in accordance with Article 21(4), point (c);
Amendment 1689 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) where so requested to assist a Coordinating Authority by verifying the possible need for the issuance of a detection order or a removal order in respect of a specific service or the effectiveness of a detection order or a removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively.
Amendment 1692 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove or disable access to that item or those items, for the providers’ voluntary consideration.
Amendment 1693 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall not submit a notice, for as long as necessary to avoid such interference butit is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State the EU Centre shall not submit a notice. This non-submission shall be timely limited to what is necessary and proportionate in a democratic society with due regard for the fundamental rights and legitimate interests of the natural persons concerned and in any case not longer than 184 months.
Amendment 1694 #
Proposal for a regulation
Article 50 – title
Article 50 – title
Amendment 1695 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
Amendment 1708 #
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blockingreporting and removal of online child sexual abuse;
Amendment 1713 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. The EU Centre shall support Member States and the Coordinating Authorities in conducting research, taking into account national specificities. The collected knowledge shall serve as a tool to elaborate prevention methods adapted and implemented by Coordinating Authorities in each Member State.
Amendment 1718 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The EU Centre shall develop a communication strategy and promote dialoguliase with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse.
Amendment 1720 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
Amendment 1722 #
Proposal for a regulation
Article 51 – paragraph 2 – point b
Article 51 – paragraph 2 – point b
Amendment 1724 #
Proposal for a regulation
Article 51 – paragraph 2 – point c
Article 51 – paragraph 2 – point c
Amendment 1725 #
Proposal for a regulation
Article 51 – paragraph 2 – point d
Article 51 – paragraph 2 – point d
(d) cooperating with Coordinating Authorities in accordance with Articles 20 and 21 on tasks related to victimsurvivors’ rights to information and assistance;
Amendment 1726 #
Proposal for a regulation
Article 51 – paragraph 2 – point h
Article 51 – paragraph 2 – point h
Amendment 1727 #
Proposal for a regulation
Article 51 – paragraph 2 – point i
Article 51 – paragraph 2 – point i
Amendment 1728 #
Proposal for a regulation
Article 51 – paragraph 2 – point k
Article 51 – paragraph 2 – point k
(k) providing and monitoring access to the databases of indicators and of reports in accordance with Article 46;
Amendment 1731 #
Proposal for a regulation
Article 51 – paragraph 2 – point n
Article 51 – paragraph 2 – point n
(n) cooperating with Europol and partner organisations in accordance with Articles 53 and 54, including on tasks related to the identification of victimsurvivors;
Amendment 1737 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Contact officers shall assist in the exchange of information between the EU Centre and the Coordinating Authorities that designated them. Where the EU Centre receives reports submitted in accordance with Article 12 concerning the potential dissemination of new child sexual abuse material or the potential solicitation of children, the contact officers designated by the competent Member State shall facilitate the process to determine the illegality of the material or conversation, in accordance with Article 36(1).
Amendment 1744 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Europol and the EU Centre shall provide each other with the fullest possible access to relevant information and information systems, where necessary for the performance of their respective tasks and in accordance with the acts of Union law regulating such access.
Amendment 1746 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Amendment 1749 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. Any transfer of personal data to Europol is governed by Regulation 2018/1725.
Amendment 1751 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The terms of cooperation andshall be laid down in a working arrangements shall be laid down, in a memccordandum of understandingce with Article 23 (4) Regulation 2016/794.
Amendment 1754 #
Proposal for a regulation
Article 54 – title
Article 54 – title
Cooperation with partnerexternal organisations
Amendment 1759 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 1768 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission, all as members with voting rights.
Amendment 1772 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2
Article 56 – paragraph 2 – subparagraph 2
Amendment 1773 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/herthe member’s absence.
Amendment 1782 #
Proposal for a regulation
Article 57 – paragraph 1 – point g
Article 57 – paragraph 1 – point g
Amendment 1784 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The Deputy Chairperson shall automatically replace the Chairperson if he/she is prevented from attending to his/her dutieswhen necessary.
Amendment 1785 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. Each member shall have one vote. In the absence of a member, his/ther alternate member shall be entitled to exercise his/ther right to vote.
Amendment 1788 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and twoone representatives of the Commission to the Management Board. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.
Amendment 1789 #
Proposal for a regulation
Article 62 – paragraph 2 – point j
Article 62 – paragraph 2 – point j
(j) appoint an Accounting Officer, who may be the Commission's Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of other servants, who shall be totally independent in the performance of his/herthe Officer’s duties;
Amendment 1791 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The Executive Director shall report to the European Parliament on the performance of his/herthe Executive Director’s duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/herthe Executive Director’s duties.
Amendment 1797 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical experts, in particular privacy and data protection experts appointed by the Management Board in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.
Amendment 1799 #
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
1a. The Technology Committee shall have equal representation in terms of gender.
Amendment 1801 #
Proposal for a regulation
Article 66 – paragraph 6 – point a
Article 66 – paragraph 6 – point a
Amendment 1802 #
Proposal for a regulation
Article 66 – paragraph 6 – point b
Article 66 – paragraph 6 – point b
(b) contribute to the EU Centre’s assistance to the Coordinating Authorities, the Management Board, the Executive Board and the Executive Director, in respect of matters related to the use of technology and data protection;
Amendment 1803 #
Proposal for a regulation
Article 66 – paragraph 6 – point c
Article 66 – paragraph 6 – point c
(c) provide internally, upon request, expertise on matters related to the use of technology and data protection for the purposes of prevention and detection of child sexual abuse online.
Amendment 1811 #
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Providers of hosting services, providers of interpersonal communications services and providers of internet access services shall collect data on the following topics and make that information available to the EU Centre upon request:
Amendment 1812 #
Proposal for a regulation
Article 83 – paragraph 1 – point a
Article 83 – paragraph 1 – point a
Amendment 1818 #
Proposal for a regulation
Article 83 – paragraph 1 – point b
Article 83 – paragraph 1 – point b
(b) the number of removal orders issued to the provider in accordance with Article 14 and the average time needed for removing or disabling access to the item or items of child sexual abuse material in question;
Amendment 1821 #
Proposal for a regulation
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c
(c) the total number of items of child sexual abuse material that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;
Amendment 1824 #
Proposal for a regulation
Article 83 – paragraph 1 – point d
Article 83 – paragraph 1 – point d
Amendment 1826 #
Proposal for a regulation
Article 83 – paragraph 1 – point e
Article 83 – paragraph 1 – point e
(e) the number of instances in which the provider invoked Article 8(3), Article 14(5) or (6) or Article 17(5),14(5) or (6) together with the grounds therefor;
Amendment 1833 #
Proposal for a regulation
Article 83 – paragraph 2 – point a – indent 2
Article 83 – paragraph 2 – point a – indent 2
– where the report led to the launch of a criminal investigation or contributed to an ongoing investigation, the state of play or outcome of the investigation, including whether the case was closed at pre-trial stage, whether the case led to the imposition of penalties, whether victimsurvivors were identified and rescued and if so their numbers differentiating by gender and age, and whether any suspects were arrested and any perpetrators were convicted and if so their numbers;
Amendment 1834 #
Proposal for a regulation
Article 83 – paragraph 2 – point b
Article 83 – paragraph 2 – point b
Amendment 1838 #
Proposal for a regulation
Article 83 – paragraph 2 – point c
Article 83 – paragraph 2 – point c
Amendment 1842 #
Proposal for a regulation
Article 83 – paragraph 2 – point d
Article 83 – paragraph 2 – point d
Amendment 1844 #
Proposal for a regulation
Article 83 – paragraph 2 – point f
Article 83 – paragraph 2 – point f
(f) the number of removal orders issued in accordance with Article 14, broken down by provider, the time needed to remove or disable access to the item or items of child sexual abuse material concerned, and the number of instances in which the provider invoked Article 14(5) and (6);
Amendment 1848 #
Proposal for a regulation
Article 83 – paragraph 2 – point g
Article 83 – paragraph 2 – point g
Amendment 1849 #
Proposal for a regulation
Article 83 – paragraph 2 – point i
Article 83 – paragraph 2 – point i
Amendment 1851 #
Proposal for a regulation
Article 83 – paragraph 3 – introductory part
Article 83 – paragraph 3 – introductory part
3. The EU Centre shall collect data and generate statistics on the detection, reporting, and removal of or disabling of access to online child sexual abuse under this Regulation. The data shall be in particular on the following topics:
Amendment 1854 #
Proposal for a regulation
Article 83 – paragraph 3 – point a
Article 83 – paragraph 3 – point a
Amendment 1856 #
Proposal for a regulation
Article 83 – paragraph 3 – point b
Article 83 – paragraph 3 – point b
(b) the number of submissions of child sexual abuse material and solicitation of children referred to in Article 36(1), broken down by Member State that designated the submitting Coordinating Authorities, and, in the case of child sexual abuse material, the number of indicators generated on the basis thereof and the number of uniform resource locators included in the list of uniform resource locators in accordance with Article 44(3);
Amendment 1863 #
Proposal for a regulation
Article 83 – paragraph 3 – point d
Article 83 – paragraph 3 – point d
(d) the online child sexual abuse to which the reports relate, including the number of items of potential known and new child sexual abuse material and instances of potential solicitation of children, the Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3), and type of relevant information society service that the reporting provider offers;
Amendment 1865 #
Proposal for a regulation
Article 83 – paragraph 3 – point f
Article 83 – paragraph 3 – point f
Amendment 1867 #
Proposal for a regulation
Article 83 – paragraph 3 – point g
Article 83 – paragraph 3 – point g
Amendment 1870 #
Proposal for a regulation
Article 83 – paragraph 3 – point j
Article 83 – paragraph 3 – point j
(j) number of victimsurvivors of online child sexual abuse assisted by the EU Centre pursuant to Article 21(2), and the number of these victimsurvivors that requested to receive such assistance in a manner accessible to them due to disabilities.
Amendment 1875 #
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. The providers of hosting services, and providers of interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.
Amendment 1880 #
Proposal for a regulation
Article 84 – paragraph 5
Article 84 – paragraph 5
5. The annual transparency reports referred to in paragraphs 1, 2 and 3 shall not include any information that may prejudice ongoing activities for the assistance to victimsurvivors or the prevention, detection, investigation or prosecution of child sexual abuse offences. They shall also not contain any personal data.
Amendment 1881 #
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
1. By [fivetwo years after the entry into force of this Regulation], and every fivetwo years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council.
Amendment 1882 #
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. By [fivetwo years after the entry into force of this Regulation], and every fivetwo years thereafter, the Commission shall ensure that an evaluation in accordance with Commission guidelines of the EU Centre’s performance in relation to its objectives, mandate, tasks and governance and location is carried out. The evaluation shall, in particular, address the possible need to modify the tasks of the EU Centre, and the financial implications of any such modificationimpact on fundamental rights, in particular Article 7 and 8 of the Charter.
Amendment 1884 #
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
It shall apply from 618 months after its entry into force.