2024/0035(COD) | [ParlTrack]

Georgiana TEODORESCU, Jadwiga WIŚNIEWSKA

Proposal for a directive
Recital 24

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

Amendment 103 #

Proposal for a directive
Recital 24

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

Amendment 104 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Recital 24

(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). To this end, the age difference between peers above the age of sexual consent should be limited to 3 years.

Amendment 105 #

Proposal for a directive
Recital 24

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

Amendment 106 #

Sophie WILMÈS, Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Lucia YAR

Proposal for a directive
Recital 24

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

Amendment 107 #

Proposal for a directive
Recital 26

(26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs ~~and alcoho~~, medicines and alcohol, or any substance that could compromise one's free will.

Amendment 108 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Recital 31

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

Amendment 109 #

Proposal for a directive
Recital 31

(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. In addition, most cases of sexual abuse against children come from family members or people within the inner circle of the child, with the consequences this has for the prolonged duration of the abuse, the above-mentionned stigma and the ease with which perpetrators can access the child. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time.

Amendment 110 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Recital 31

(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time, without prejudice to Member States' ability to establish an even longer statute of limitations.

Amendment 111 #

Proposal for a directive
Recital 31

(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if the statutes of limitations ~~allow victims to report the crime for a significantly extended period of tim~~for the crime committed does not expire.

Amendment 112 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Recital 31

(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time.Does not affect the English version.)

Amendment 113 #

Proposal for a directive
Recital 31 a (new)

(31 a) At least two-thirds of victims of child sexual abuse and exploitation are girls; Crimes in the area of sexual abuse and sexual exploitation of children against girls are forms of violence against women as per article 2.a of Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, which shall be applicable. Consequently, when implementing the Directive at hand, a gender sensitive approach shall be applied.

Amendment 114 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Recital 32

(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. It is essential, however, to ensure that the authorities responsible for investigating and prosecuting these offences do not, in this context, engage in actions that would themselves be offences, such as incitement, abetting or providing instructions explaining how to make contact with children, or conduct that could alter the material and intentional aspects of the offence, and thus risk jeopardising the outcome of prosecutions. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.

Amendment 115 #

Proposal for a directive
Recital 32

(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet ~~and to distribute, under judicial supervision, child sexual abuse material~~. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. Cross-border investigations must respect the principle of territoriality and be conducted in accordance with the national law of the Member States where the investigation takes place. Specifically, cross-border investigations must not weaken domestic human rights guarantees. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.

Amendment 116 #

Proposal for a directive
Recital 32

(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet ~~and to distribute, under judicial supervision, child sexual abuse material~~. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.

Amendment 117 #

Sophie WILMÈS, Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Lucia YAR

Proposal for a directive
Recital 32

(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate ~~through~~with each other and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.

Amendment 118 #

Proposal for a directive
Recital 34

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

Amendment 119 #

Proposal for a directive
Recital 34

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

Amendment 120 #

Proposal for a directive
Recital 35

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

Amendment 121 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Recital 35 a (new)

(35 a) Member States should guarantee comprehensive care for children as a subjective right, ensuring that victim and survivor reparations programs are effective and accessible. In this regard, and recognising the Barnahus model as a positive reference, Member States should commit to its financial sustainability to guarantee universality and non- discrimination in children’s access to their rights. This means that the care, support, protection, and reparations provided to children must be integrated and respect their status as full rights- holders. Only through such approaches can real and lasting protection of their rights be ensured, addressing their needs within a framework of justice that is adapted and sensitive to their overall development.

Amendment 122 #

Proposal for a directive
Recital 36

(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive ~~attempts to ensu~~requires that all Member States uphold these principles and establish age-appropriate multidisciplinary and interagency structures to provide care and legal support to victims under one roof, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. All children who are likely to be, for whatever reason and in whatever capacity, brought into contact with criminal, civil or administrative justice systems should have easy access to child friendly justice. Child-friendly justice refers to justice systems which guarantee the respect and the effective implementation of all children’s rights at the highest attainable level and giving due consideration to the child’s level of maturity and understanding and the circumstances of the case. It is of particular importance that justice is accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child, respecting the rights of the child including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity. Child victims should have easy access to ~~child friendly justice,~~ legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All ~~authorities involved in the proceedings~~professionals who come into contact with children in the justice system should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child ~~victims~~ren participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. The court should prioritize the child's right to participate meaningfully, ensuring that their views are heard and respected throughout the process.

Amendment 123 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Recital 36

(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The child best interest should be interpreted by ensuring children protection and safeguarding from further harm, providing tailored and adapted support and protection of children rights throughout the entire judicial process and beyond, including the contacts with social, healthcare, educational and pyscological services. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate and tailored psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States ~~to follow~~limit themselves to the Barnahus model ~~as such~~but to expand it and strengthen the provision of children's social services to other institutions. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. ndable to the child.

Amendment 124 #

Proposal for a directive
Recital 36

(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles and put in place age- appropriate, multi-disciplinary and integrated child-protection systems to provide effective care and legal support to child victims, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. The child's right to be heard and to participate meaningfully should be prioritized, ensuring that their views are heard and respected throughout the process.

Amendment 125 #

Proposal for a directive
Recital 36

(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles~~, although it does not require the Member States to follow the Barnahus model as such~~. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.

Amendment 126 #

Proposal for a directive
Recital 36

(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a ~~speci~~legal representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.

Amendment 127 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Recital 37

(37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims and survivors, regardless the existence of a complaint or criminal prosecution. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals and volunteers, including the staff at helplines , taking always into account the specific needs of the child. Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings. Member States should take the necessary measures to respect children's right to be heard. Child protection in this regard must be linked to family law, and their right to reparations and non-repetition, especially in environments where abuse has occurred such as the family. In cases of sexual abuse against children within the family, the perpetrator often retains rights within the environment of the abused child, which is not the case in the healthcare or school sectors. That is, when family law conflicts with the child’s right to a life free from sexual violence, the latter must take precedence. The majority of caregivers are women, whom States must support in their efforts to protect and seek justice and reparation for the sexual violence suffered by the children in their care, with particular attention to assaults committed within the family. This is especially relevant in the case of protective mothers who act with the sole purpose of protecting a child and preventing further harm and abuses in suspected cases of child sexual abuse. Cares shall be excluded from criminal persecution and be protected against civil claims directly related to protective actions. Primary carers shall not face criminal charges for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse, including but not limited to reporting suspected abuse to law enforcement or child protective services, taking temporary steps to limit or restrict contact between the child and the alleged abuser, seeking emergency custody modifications or other legal interventions to protect the child. In cases against the protective carers, the burden of proof shall lie with the claimant to demonstrate that the carer's actions were taken for reasons other than child protection.

Amendment 128 #

Proposal for a directive
Recital 38

(38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. Survivors of child sexual abuse and exploitation designate all persons who have experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system.

Amendment 129 #

Proposal for a directive
Recital 38

(38) Child sexual abuse and child explotation as forms of sexual violence have profound and lasting impacts on victims and survivors, affecting their mental health, personal development, and future well-being. The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation.

Amendment 130 #

Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Recital 38

(38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term specialized assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation.

Amendment 131 #

Proposal for a directive
Recital 39

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

Amendment 132 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 39 a (new)

(39 a) Prevention of child sexual abuse is of paramount importance to protect children. Member States shall take protective measures to safeguard children’s physical, emotional, and psychological well-being and safeguard the fundamental rights of children to grow up in a safe environment, free from exploitation, violence and harm. Protective measures must encompass prevention, detection, intervention, support and reparation, ensuring that all aspects of a child’s safety are addressed. Preventing child sexual abuse requires collaborative efforts across sectors, including education, healthcare, judicial systems, and community services. Furthermore, empowering primary carers, particularly mothers who often serve as frontline protectors, is essential to detecting and interrupting abusive situations.

Amendment 133 #

Proposal for a directive
Recital 40

(40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16, should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. As it is established and governed by the regulation laying down rules to prevent and combat child sexual abuse, its activities and missions should be governed by the regulation alone. However, this directive should refer to it as often as necessary in order to ensure coordination between the two legal texts. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. _________________ 16 COM (2022) 209 of 11.5.2022.

Amendment 134 #

Proposal for a directive
Recital 40

(40) The EU Centre ~~to prevent and combat child sexual abuse~~for child protection (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. Since the EU Centre is established by Regulation [../../EU laying down rules to prevent and combat child sexual abuse], all provisions of this Directive that refer to it should apply from the date the Regulation enters into force, unless otherwise specified. _________________ 16 COM (2022) 209 of 11.5.2022.

Amendment 135 #

Proposal for a directive
Recital 42

(42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel and tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel and tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpose of preventing the sexual abuse and sexual exploitation of children in travel and tourism from, through or towards their territory, most notably by taking appropriate action upon reception of relevant information from third countries, including conducting further checks or issuing a refusal of entry in the context of the Regulation (EU) 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks17 . _________________ 17 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006, OJ L 312, 7.12.2018, p. 14–55, ELI: http://data.europa.eu/eli/reg/2018/1861/oj.

Amendment 136 #

Proposal for a directive
Recital 43

(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family- ~~based care~~ based care. Families and parents play a crucial role in protecting the well-being of children, and are the main protagonists in combating the abuse of pornographic material, child pornography, and the prevention of child abuse. With a view to strengthening protective measures, Member States should establish accessible and well- funded support systems for families and parents, including resources for counselling, legal assistance and access to protective services, so that they can detect, report and prevent abuse. Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.

Amendment 137 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Recital 43

(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. The initiatives aimed at society at large should include campaigns that educate on how to react when confronted with the disclosure of abuse by a victim. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.

Amendment 138 #

Proposal for a directive
Recital 43

(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents ~~and car~~, carers, teachers, educators, trainers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family- based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.

Amendment 139 #

Proposal for a directive
Recital 45

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

Amendment 140 #

Proposal for a directive
Recital 50

(50) Where ~~the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate~~deemed necessary by the competent authorities given the risks, convicted offenders sh~~ould~~all be temporarily or permanently pr~~even~~ohibited from e~~xercising at least professional~~ngaging in any professional or voluntary activities involving direct and regular contacts with children or ~~within organisations that work for childre~~activities within or organiszations acting in the public interest ~~on the fight against~~in combating child sexual abuse . Employers ~~when~~ recruiting for a postitions involving direct and regular contact with children ~~should~~are required to request information on existing convictions for sexual offencses against children ~~enter~~recorded in the criminal re~~cord,~~gister or ofn existing disqualifications. For the purposes of this Directive, the term ‘"employers~~’ should also cover persons runn~~" also includes individuals managing an organiszation ~~that is acti~~s involved in volunteer ~~work~~activities related to ~~the supervision or care of children involving direct and regular contact with children~~ child care and supervision, including community ~~setting~~environments such as schools, hospitals, social ~~care~~ services, sports clubs, or religious communities . The ~~way such information is delivered, such as for example~~method of providing such information, for instance, access via the ~~person~~ concerned~~, and~~ individual, as well as the precise content of the information, the ~~meaning~~definition of organiszed volunt~~ary~~eer activities, and direct and regular contact with children, sh~~ould be laid down~~all be determined in accordance with national law. ~~However, the information transmitted from one competent authority to another should~~Information exchanged between competent authorities must at least ~~contain~~include all relevant records stored ~~by any Member State~~ in their national criminal re~~cords registers, and all relevant records that can be easily obtained~~gisters of each Member State, as well as all accessible records from third countries, such as information ~~that can be~~ obtainabled from the United Kingdom through the channel established ~~in accordance with~~under Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . _________________ 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internatio n/2021/689(1)/ojhttp://data.europa.eu/eli/ agree_internation/2021/689(1)/ojUnited Kingdom.

Amendment 141 #

Proposal for a directive
Recital 50

(50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional and voluntary activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . _________________ 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/ 2021/689(1)/ojhttp://data.europa.eu/eli/agr ee_internation/2021/689(1)/oj.

Amendment 142 #

Proposal for a directive
Recital 50

(50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be ~~temporarily or~~ permanently prevented from exercising at least professional activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . _________________ 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/ 2021/689(1)/ojhttp://data.europa.eu/eli/agr ee_internation/2021/689(1)/oj.

Amendment 143 #

Proposal for a directive
Recital 51

(51) In the area of child sexual abuse, the phenomenon of offenders that regain access to children after a conviction or disqualification by moving to another jurisdiction is ~~particularly widespread and~~ worrisome. It is therefore crucial to take all necessary measures to prevent it. With due regard to the different legal traditions of the Member States, this Directive takes into account the fact that access to criminal records is allowed only either by the competent authorities or by the person concerned. This Directive does not establish an obligation to modify the national systems governing criminal records or the means of access to those records.

Amendment 144 #

Proposal for a directive
Recital 52

(52) For information not or not yet available in the European Criminal Records Information System (ECRIS), for example information concerning offending third country nationals until the time Regulation 2019/816 of the European Parliament and of the Council20 is fully implemented, Member States should make use of other channels to provide all relevant information to employers that recruit for a post involving direct and regular contact with children. The aim of this Directive is not to harmonise rules concerning consent of the person concerned when exchanging information from the criminal registers, i.e. whether or not to require such consent. Whether the consent is required or not under national law, this Directive does not establish any new obligation to change the national law and national procedures in this respect. _________________ 20 Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/816/oj.

Amendment 145 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 54

(54) It is essential to collect data and evaluate them in order to implement effective prevention and to combat child sexual abuse and explotation. There elements are key to improving the detection, response and prevention of these offences. Member States should take the necessary measures to create mechanisms for such data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics. The collection of this data should take into account situations of children that are particularly vulnerable, such as children in migration or those under the care of public authorities. The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect.

Amendment 146 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Recital 54

(54) Member States should take the necessary measures to create mechanisms for data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics that take into account, in particular, the different limits for defining criminal offences, and carry out research into the scope of a consistent definition (perpetrator and victims of specific ages or with a specific age gap) versus a variable definition (identical legal classification despite different age limits). The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect.

Amendment 147 #

Proposal for a directive
Recital 56

(56) Child sexual abuse material ~~is a specific type of content which cannot be construed as the expression of an opinion~~by its very nature does not fall within the scope of ideas or opinions whose communication and expression are protected. To combat it, it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web. Action is therefore necessary to remove the content and apprehend those guilty of making, distributing or downloading child sexual abuse material . With a view to supporting the Union’s efforts to combat child sexual abuse material , Member States should use their best endeavours to cooperate with third countries in seeking to secure the removal of such content from servers within their territory.

Amendment 148 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Recital 57

(57) Member States’ efforts to reduce the circulation of child sexual abuse material, including by cooperating with third countries under this Directive, should not affect Regulation (EU) 2022/2065, Regulation (EU) 2021/1232 and […/…/ Regulation laying down rules to prevent and combat child sexual abuse]. Online content constituting or facilitating criminal offences referred to in this Directive will be subject to measures pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council21 as regards illegal content. Member States should work towards the prohibition of the use of terminology such as ‘teen’ or ‘child’ on all websites containing pornographic material, including those where the material itself is legal and does not consist of child sexual abuse material. _________________ 21 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1

Amendment 149 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 58

(58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non- legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. The EU co-funded network of hotlinesdeleted

Amendment 150 #

Proposal for a directive
Recital 58

(58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non- legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. They should in particular not lead to the over- removal or over-blocking of legal content hosted on the same website. The EU co- funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. _________________ 22 Currently under the Digital Europe Programme.

Amendment 151 #

Proposal for a directive
Recital 58

(58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms ~~may~~should also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non- legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. The EU co- funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. _________________ 22 Currently under the Digital Europe Programme.

Amendment 152 #

Proposal for a directive
Recital 60

(60) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular the right to the protection of human dignity, the prohibition of torture and inhuman or degrading ~~treatment~~abuse or punishment, the rights of the child, the right to liberty and security, the right to freedom of expression and information, the right to the protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. This Directive seeks to ensure full respect for those rights and principles and must be implemented accordingly.

Amendment 153 #

Proposal for a directive
Recital 63

(63) The obligation to transpose this Directive into national law should be ~~confined to those provisions which represent a~~limited to substantive amendment as compared to the earlier Directive~~. The obligation to transpose the provisions which are unchanged arises under the earlier Directive~~, ensuring Member States’ flexibility in aligning national law with the Directive’s objectives.

Amendment 154 #

Proposal for a directive
Article 1 – paragraph 1

This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including those committed through the use of information and communication technologies. It also introduces provisions to strengthen the prevention of those criminal offences, ands well as the protection, the support and redress of the victims thereof.

Amendment 155 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 156 #

Proposal for a directive
Article 1 – paragraph 1

This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences ~~and~~, the protection ~~of the victim~~support and redress of the victims and survivors thereof.

Amendment 157 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 158 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 1 – paragraph 1

This Directive aims to establish~~es minimum rules concerning~~ recommendations regarding to the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child ~~sexual abuse material~~pornography and solicitation of children for sexual purposes. It also aims to introduces provisions to strengthen the prevention of those crim~~inal offences~~e and the protection of ~~the~~its victims ~~thereof~~.

Amendment 159 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

(1 a) (2) ‘survivor’ means a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system.

Amendment 160 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

(1 a) (2) 'survivor' means a person who has experienced sexual violence as a child, irrespective of the legal status and the recognition as a victim of a crime by the respective legal system.

Amendment 161 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

(1 a) ‘survivor’ means a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system.

Amendment 162 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)

(1 b) ‘sexual violence against children’1a means any sexual act in which a person takes advantage of their power imbalance over a child to manipulate them and obtain sexual gratification. _________________ 1a Definition by Save the Children.

Amendment 163 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) ‘age of sexual consent’ means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with a child under all circumstances;

Amendment 164 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)

(2 a) ‘consent’ of the child above the age of sexual consent means any freely given, specific, informed and unambiguous indication of the child’s agreement to a sexual act, in the context of the surrounding circumstances;

Amendment 165 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

(a) any material that visually depicts a child engaged in sexually explicit conduct that is real, or ~~simulated sexually explicit conduct~~generated and simulated by artificial intelligence or created through any other computerised means;

Amendment 166 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

(a) a~~ny material that visually depicts a child~~ll forms of representation, by all means, of a child or any part of the child’s body engaged in real or simulated sexually explicit conduct;

Amendment 167 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

(a) any ~~material that visually depicts~~representation, by whatever means, of a child or any part of the body of a child engaged in real or simulated sexually explicit conduct;

Amendment 168 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

(a) any ~~material that visually depicts~~representation, by whatever means, of a child or any part of the body of a child engaged in real or simulated sexually explicit conduct;

Amendment 169 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

(a) any material that ~~visually~~ depicts a child engaged in real or simulated sexually explicit conduct;

Amendment 170 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) any depiction, representation, by whatever means, of the sexual ~~organ~~parts of a child for primarily sexual purposes;

Amendment 171 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) ~~depiction~~all forms of representation, by all means, of the sexual ~~organ~~parts of a child for primarily sexual purposes;

Amendment 172 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) ~~depiction~~Any representation, by whatever means of the sexual ~~organ~~parts of a child for primarily sexual purposes;

Amendment 173 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) depiction of the sexual organs or intimate parts of a child for primarily sexual purposes;

Amendment 174 #

Georgiana TEODORESCU, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) depiction of the ~~sexual~~ organs of a child for primarily sexual purposes;

Amendment 175 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c

(c) 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 or private parts of any person appearing to be a child, for primarily sexual purposes;

Amendment 176 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c

(c) 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 or intimate parts of any person appearing to be a child, for primarily sexual purposes;

Amendment 177 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c

(c) a~~ny material that visually depicts~~ll forms of representation, by all means, of any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual ~~organ~~parts of any person appearing to be a child, for primarily sexual purposes;

Amendment 178 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c

(c) aAny ~~material that visually depicts~~representation, by whatever means, of any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual ~~organ~~parts of any person appearing to be a child, for primarily sexual purposes;

Amendment 179 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c

(c) 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;

Amendment 180 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) realistic images , including those generated by artificial intelligence or created through any other computerised means, reproductions or representations of a child engaged in sexually explicit conduct, or of the sexual organs or private parts of a child, for primarily sexual purposes;

Amendment 181 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) realistic images , pseudo- photographs, reproductions, or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; regardless of the method of creation or manipulation;

Amendment 182 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs or intimate parts of a child, for primarily sexual purposes;

Amendment 183 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) Any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual ~~organ~~parts of a child, for primarily sexual purposes;

Amendment 184 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual ~~organ~~parts of a child, for primarily sexual purposes;

Amendment 185 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual ~~organ~~parts of a child, for primarily sexual purposes;

Amendment 186 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d

(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the ~~sexual~~ organs of a child, for primarily sexual purposes;

Amendment 187 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d – point i (new)

(i) Considering in particular: – recordings made of real persons and later manipulated; – recordings depicting artificial persons that were produced wholly artificially; and – sex dolls, robots and other devices that realistically represent children.

Amendment 188 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d a (new)

(d a) any material, including audio, that describes a child engaged in real or simulated sexually explicit conduct, for primarily sexual purposes;

Amendment 189 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e

~~(e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;~~deleted

Amendment 190 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e

~~(e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;~~deleted

Amendment 191 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e

~~(e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;~~deleted

Amendment 192 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e

(e) ‘instructions manual on how to sexually abuse children’ means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;

Amendment 193 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e

(e) 'instruction manual on how to sexually abuse children' means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit ~~child sexual abuse or sexual exploitation or child solicitation~~the offences listed in this Directive;

Amendment 194 #

Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)

(3 a) ‘Child sexual abuse instruction manual’ or ‘ manuals’ means a collection of information, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation, and on how to avoid prosecution for those crimes;

Amendment 195 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)

(3 a) ‘Instructions manual on how to sexually abuse children’ means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit the offences listed in Article 3, 4, 5, 6 and 7 of the Directive;

Amendment 196 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)

(3 a) ‘Child sexual abuse instruction manual’ means a collection of information, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;

Amendment 197 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)

(3a) 'realistic images' means any image whose sophistication or resemblance to real persons could lead one to believe that it is authentic;

Amendment 198 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 4

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

Amendment 199 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

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

Amendment 200 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

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

Amendment 201 #

Georgiana TEODORESCU, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part

(5) ‘ child sexual abuse performance’ means a live exhibition aimed at an individual or at an audience, including by means of information and communication technology, of:

Amendment 202 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part

(5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience of one or more, including by means of information and communication technology, of:

Amendment 203 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point a

(a) a child engaged in real or simulated sexually explicit act or conduct; or

Amendment 204 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b

(b) the sexual organs or private parts of a child for primarily sexual purposes;

Amendment 205 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b

(b) the sexual organs or intimate parts of a child for primarily sexual purposes;

Amendment 206 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b

(b) the sexual ~~organ~~parts of a child for primarily sexual purposes;

Amendment 207 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b

(b) the sexual ~~organ~~parts of a child for primarily sexual purposes;

Amendment 208 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b

(b) the sexual ~~organ~~parts of a child for primarily sexual purposes;

Amendment 209 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b

(b) the ~~sexual~~ organs of a child for primarily sexual purposes;

Amendment 210 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)

(5 a) ‘Sexual extortion of children’ refers to the act of threatening to distribute intimate material featuring a child victim in order to obtain money, child sexual abuse material, or other forms of gain, under the threat of sharing this material without the depicted person’s consent.

Amendment 211 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)

(5 a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person;

Amendment 212 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)

(5 a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person;

Amendment 213 #

Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)

(5 b) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity;

Amendment 214 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)

(7 a) ‘Information and communication technology’ refers to any technological tool or resource used for the digital storage, creation, sharing, or exchange of information, including smartphones, computers, social networking platforms, and other media applications and services.

Amendment 215 #

Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)

(7 a) 'information and communication technology’ means any technological tool and resource used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services;

Amendment 216 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)

(7 a) ‘information and communication technology’ means any technological tool and resource used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services;

Amendment 217 #

Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)

(7 b) ‘online’ means by means of information and communication technologies;

Amendment 218 #

Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)

(7 b) ‘online’ means by means of information and communication technologies;

Amendment 219 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Article 2 – paragraph 1 – point 7 c (new)

(7 c) ‘Online’ refers to all means of the use of information and communication technologies.

Amendment 220 #

Proposal for a directive
Article 2 – paragraph 1 – point 8

(8) ‘'peers’' means persons who have an age difference of no more than 3 years and who are close in ~~age and~~ degree of psychological and physical development or maturity.

Amendment 221 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 2 – paragraph 1 – point 8

(8) ‘peers’ means persons who are close in age and degree of psychological and physical development orand maturity.

Amendment 222 #

Proposal for a directive
Article 2 – paragraph 1 – point 8

(8) ‘peers’ means persons who are close in age and degree of psychological and physical development orand maturity.

Amendment 223 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 2 – paragraph 1 – point 8

(8) ‘peers’ means persons who are close in age and degree of psychological and physical development orand maturity.

Amendment 224 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8 a) ‘pornographic content’ means printed or online material that explicitly describes or displays real or simulated sexually explicit conduct or that depicts in any way sexual organs primarily for sexual purposes.

Amendment 225 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8 a) ‘hotline’ means an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State.

Amendment 226 #

Alessandro ZAN, Caterina CHINNICI, Hilde VAUTMANS, Evin INCIR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Francisco ASSIS, Merja KYLLÖNEN, Pina PICIERNO, Antonio LÓPEZ-ISTÚRIZ WHITE, Anna STÜRGKH, Cecilia STRADA

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8 a) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity

Amendment 227 #

Proposal for a directive
Article 3 – title

Offences concerning child sexual abuse

Amendment 228 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology.

Amendment 229 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology.

Amendment 230 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology.

Amendment 231 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was carried out using information and communication technology.

Amendment 232 #

Proposal for a directive
Article 3 – paragraph 1

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

Amendment 233 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 3 – paragraph 2

2. Causing, for sexual purposes, a child ~~who has not reached the age of sexual consent~~ to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

Amendment 234 #

Proposal for a directive
Article 3 – paragraph 2

2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 13 years.

Amendment 235 #

Proposal for a directive
Article 3 – paragraph 2

2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 236 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 (new)

The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where the child is above the age of sexual consent and does not consent.

Amendment 237 #

Proposal for a directive
Article 3 – paragraph 2 a (new)

2 a. Exposing a child to pornographic content, including by means of information and communication technology, for the purpose of committing any of the offences referred to in paragraph 3 of this Article and in Article 5(6), shall be punishable by a maximum term of imprisonment of at least 3 years.

Amendment 238 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 3 – paragraph 2 b (new)

2 b. Knowingly disseminating pornographic content in such a way that it is likely to be accessed by a child shall be punishable by a maximum term of imprisonment of at least 1 year.

Amendment 239 #

Proposal for a directive
Article 3 – paragraph 3

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

Amendment 240 #

Proposal for a directive
Article 3 – paragraph 3

3. Causing, for sexual purposes, a child ~~who has not reached the age of sexual consent~~ to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 241 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 3 – paragraph 3

3. Causing, for sexual purposes, a child ~~who has not reached the age of sexual consent~~ to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 242 #

Proposal for a directive
Article 3 – paragraph 3

3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 23 years.

Amendment 243 #

Proposal for a directive
Article 3 – paragraph 3

3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 23 years.

Amendment 244 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 3 – paragraph 4

4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 245 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 3 – paragraph 4

4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities involving just the child or with another person shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 246 #

Proposal for a directive
Article 3 – paragraph 4

4. Engaging in sexual activities by any means with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 247 #

Proposal for a directive
Article 3 – paragraph 4

4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 810 years.

Amendment 248 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)

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

Amendment 249 #

Proposal for a directive
Article 3 – paragraph 5 – point a

(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or~~;

Amendment 250 #

Proposal for a directive
Article 3 – paragraph 5 – point a

(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age~~; or

Amendment 251 #

Proposal for a directive
Article 3 – paragraph 5 – point a

(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age~~; or

Amendment 252 #

Proposal for a directive
Article 3 – paragraph 5 – point a

(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age~~; or

Amendment 253 #

Proposal for a directive
Article 3 – paragraph 5 – point a

(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 102 years if the child has not reached the age of sexual consent, and of at least 68 years of imprisonment, if the child is over that age; or

Amendment 254 #

Proposal for a directive
Article 3 – paragraph 5 – point b

(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or~~;

Amendment 255 #

Proposal for a directive
Article 3 – paragraph 5 – point b

(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age~~; or

Amendment 256 #

Proposal for a directive
Article 3 – paragraph 5 – point b

(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, ~~shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years~~living in an institutionalized environment or a child deprived of liberty, shall be punishable by a maximum term of imprisonment iof ~~the child is over that age~~at least 10 years; or

Amendment 257 #

Proposal for a directive
Article 3 – paragraph 5 – point b

(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 102 years if the child has not reached the age of sexual consent, and of at least 68 years of imprisonment if the child is over that age; or

Amendment 258 #

Proposal for a directive
Article 3 – paragraph 5 – point c

(c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years ~~if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.~~;

Amendment 259 #

Proposal for a directive
Article 3 – paragraph 5 – point c

(c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years ~~if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age~~.

Amendment 260 #

Sophie WILMÈS, Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Lucia YAR

Proposal for a directive
Article 3 – paragraph 5 – point c

(c) use is made of coercion, force, extorsion or threats shall be punishable by a maximum term of imprisonment of at least 12 years ~~if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age~~.

Amendment 261 #

Proposal for a directive
Article 3 – paragraph 5 – point c

(c) use is made of coercion, force, physical or psychological violence, blackmail or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.

Amendment 262 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 3 – paragraph 5 – point c

(c) use is made of coercion, force ~~or threats~~, threats or offering remuneration or consideration shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.

Amendment 263 #

Proposal for a directive
Article 3 – paragraph 5 – point c

(c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 124 years if the child has not reached the age of sexual consent, and of at least 79 years of imprisonment if the child is over that age.

Amendment 264 #

Proposal for a directive
Article 3 – paragraph 6

6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 ~~years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.~~;

Amendment 265 #

Proposal for a directive
Article 3 – paragraph 6

6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years ~~if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age~~.

Amendment 266 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 3 – paragraph 6

6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years ~~if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age~~.

Amendment 267 #

Proposal for a directive
Article 3 – paragraph 6

6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years ~~if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age~~.

Amendment 268 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 3 – paragraph 6

6. Coercing, forcing or threatening a child into sexual activities on their own or with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.

Amendment 269 #

Proposal for a directive
Article 3 – paragraph 6

6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 124 years if the child has not reached the age of sexual consent, and of at least 79 years of imprisonment if the child is over that age.

Amendment 270 #

Proposal for a directive
Article 3 – paragraph 7 – introductory part

7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 124 years:

Amendment 271 #

Proposal for a directive
Article 3 – paragraph 7 – introductory part

7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 125 years:

Amendment 272 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 3 – paragraph 7 – point a

(a) engaging with a child below the age of sexual consent in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or some other sexual act that in view of the seriousness of the violation is comparable to sexual intercourse;

Amendment 273 #

Proposal for a directive
Article 3 – paragraph 7 – point a a (new)

(a a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;

Amendment 274 #

Proposal for a directive
Article 3 – paragraph 7 – point b

(b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object., or some other sexual act that in view of the seriousness of the violation is comparable to sexual intercourse;

Amendment 275 #

Proposal for a directive
Article 3 – paragraph 7 – point b

(b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or to engage in self- penetration.

Amendment 276 #

Proposal for a directive
Article 3 – paragraph 7 – point b

(b) causing a child ~~below the age of sexual~~ consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

Amendment 277 #

Proposal for a directive
Article 3 – paragraph 7 – point b a (new)

(b a) inducing a child below the age of sexual consent, online or offline, to undertake or submit to any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or some other sexual act that in view of the seriousness of the violation is comparable to sexual intercourse.

Amendment 278 #

Proposal for a directive
Article 3 – paragraph 7 – point b a (new)

(b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;

Amendment 279 #

Proposal for a directive
Article 3 – paragraph 7 – point b a (new)

(b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;

Amendment 280 #

Proposal for a directive
Article 3 – paragraph 7 – point b a (new)

(b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;

Amendment 281 #

Evin INCIR

Proposal for a directive
Article 3 – paragraph 8

8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years. Where the person who engaged in or caused the conduct as referred to in paragraph 7 with a child did not know but ought to have known that the child did not consent to the act, such conduct is punishable by a maximum term of imprisonment of at least 8 years.

Amendment 282 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 3 – paragraph 8

8. WThe conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years where the child is above the age of sexual consent and: (a) does not consent to the act~~, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years~~ with a peer; or; (b) is caused to engage in the act with a person who is not a peer; (c) is caused to engage themselves in the act by a person who is not a peer.

Amendment 283 #

Proposal for a directive
Article 3 – paragraph 8

8. Where the child is above the age of sexual consent and ~~does not consent to the act~~the act is committed through violence, coercion, threat or surprise, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.

Amendment 284 #

Proposal for a directive
Article 3 – paragraph 8

8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.

Amendment 285 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 3 – paragraph 8

8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.

Amendment 286 #

Proposal for a directive
Article 3 – paragraph 8

8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.

Amendment 287 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 3 – paragraph 8

8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.

Amendment 288 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Article 3 – paragraph 8 a (new)

8a. Engaging in the intentional conduct referred to in paragraphs 7 and 8, where: (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 15 years;or (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 15 years;or (c) use is made of coercion, force or threats, shall be punishable by a maximum term of imprisonment of at least 15 years.

Amendment 289 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, András LÁSZLÓ

Proposal for a directive
Article 3 – paragraph 9

9. For the purpose of paragraph 8, Member States shall ensure that: (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; (b) the consent can be withdrawn at any moment before and during the act; (c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct.deleted

Amendment 290 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 3 – paragraph 9 – introductory part

9. For the purpose of paragraphs 4 and 8, Member States shall ensure that:

Amendment 291 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 3 – paragraph 9 – introductory part

9. For the purpose of paragraphs 4 and 8, Member States shall ensure that:

Amendment 292 #

Proposal for a directive
Article 3 – paragraph 9 – introductory part

9. For the purpose of paragraph 4 and 8, Member States shall ensure that:

Amendment 293 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Article 3 – paragraph 9 – point a

(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, orn act or conduct is to be considered non-consensual also where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;

Amendment 294 #

Sophie WILMÈS, Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Lucia YAR

Proposal for a directive
Article 3 – paragraph 9 – point a

(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, expressed by word or deed or in some other way, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, intoxication, freezing, illness or, bodily injury or otherwise in view of the circumstances;

Amendment 295 #

Proposal for a directive
Article 3 – paragraph 9 – point a

(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleepiness, intoxication, surprise, freezing, illness or bodily injury;

Amendment 296 #

Fabienne KELLER, Hilde VAUTMANS, Lucia YAR, Abir AL-SAHLANI, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 3 – paragraph 9 – point a

(a) a non-consensual act is understood as an act which is performed without the child’s consent given clearly and voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury;

Amendment 297 #

Fabienne KELLER, Hilde VAUTMANS, Lucia YAR, Abir AL-SAHLANI, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 3 – paragraph 9 – point c

(c) ~~the absence of~~ consent cannot be ~~refut~~deduced exclusively byfrom the child’s silence, past sexual conduct, or lack of verbal or physical ~~non-~~resistance ~~or past sexual conduct~~.

Amendment 298 #

Proposal for a directive
Article 3 – paragraph 9 – point c

(c) the absence of consent cannot be refuted ~~exclusively~~ by the child’s silence, verbal or physical non-resistance or past sexual conduct.

Amendment 299 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 3 – paragraph 9 – point c

(c) ~~the absence of consent cannot be refuted exclusively by the~~ child’s silence, verbal or physical non-resistance or past sexual conduct cannot be considered as having given consent.

Amendment 300 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 4 – title

Offences concerning child sexual exploitation

Amendment 301 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology.

Amendment 302 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology.

Amendment 303 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology.

Amendment 304 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was carried out using information and communication technology.

Amendment 305 #

Proposal for a directive
Article 4 – paragraph 2

2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years ~~if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age~~.

Amendment 306 #

Proposal for a directive
Article 4 – paragraph 2

2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years ~~if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age~~.

Amendment 307 #

Proposal for a directive
Article 4 – paragraph 2

2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years ~~if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age~~.

Amendment 308 #

Proposal for a directive
Article 4 – paragraph 2

2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 510 years if the child has not reached the age of sexual consent and of at least 28 years of imprisonment if the child is over that age.

Amendment 309 #

Proposal for a directive
Article 4 – paragraph 3

3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 310 #

Proposal for a directive
Article 4 – paragraph 3

3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 311 #

Proposal for a directive
Article 4 – paragraph 3

3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 312 #

Proposal for a directive
Article 4 – paragraph 3

3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 814 years if the child has not reached the age of sexual consent, and of at least 59 years of imprisonment if the child is over that age.

Amendment 313 #

Proposal for a directive
Article 4 – paragraph 4

4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years ~~if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age~~.

Amendment 314 #

Proposal for a directive
Article 4 – paragraph 4

4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years ~~if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age~~.

Amendment 315 #

Proposal for a directive
Article 4 – paragraph 4

4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years ~~if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age~~.

Amendment 316 #

Proposal for a directive
Article 4 – paragraph 4

4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 24 years if the child has not reached the age of sexual consent, and of at least 12 years of imprisonment if the child is over that age.

Amendment 317 #

Proposal for a directive
Article 4 – paragraph 5

5. Causing or recruiting a child to participate ~~in exploitation in prost~~child sexual in exploituation, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 318 #

Proposal for a directive
Article 4 – paragraph 5

5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 319 #

Proposal for a directive
Article 4 – paragraph 5

5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 320 #

Proposal for a directive
Article 4 – paragraph 5

5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 810 years if the child has not reached the age of sexual consent, and of at least 58 years of imprisonment if the child is over that age.

Amendment 321 #

Proposal for a directive
Article 4 – paragraph 5

5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 814 years if the child has not reached the age of sexual consent, and of at least 59 years of imprisonment if the child is over that age.

Amendment 322 #

Proposal for a directive
Article 4 – paragraph 6

6. Coercing or forcing a child into sexual exploitation ~~in prostitution~~, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 323 #

Proposal for a directive
Article 4 – paragraph 6

6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 324 #

Proposal for a directive
Article 4 – paragraph 6

6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years ~~if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age~~.

Amendment 325 #

Proposal for a directive
Article 4 – paragraph 6

6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 106 years if the child has not reached the age of sexual consent, and of at least 510 years of imprisonment if the child is over that age.

Amendment 326 #

Proposal for a directive
Article 4 – paragraph 7

7. Engaging in sexual activities with a child, where recourse is made to ~~exploitation in prostitu~~child sexual exploitation shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age~~.

Amendment 327 #

Proposal for a directive
Article 4 – paragraph 7

7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age~~.

Amendment 328 #

Proposal for a directive
Article 4 – paragraph 7

7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years ~~if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age~~.

Amendment 329 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 4 – paragraph 7

7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 814 years if the child has not reached the age of sexual consent, and of at least 48 years of imprisonment if the child is over that age.

Amendment 330 #

Proposal for a directive
Article 4 – paragraph 7

7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution, shall be punishable by a maximum term of imprisonment of at least 810 years if the child has not reached the age of sexual consent, and of at least 45 years of imprisonment if the child is over that age.

Amendment 331 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 4 – paragraph 7 a (new)

7 a. Coercing or forcing a child to share intimate material depicting the child, other child sexual abuse material to obtain money or any other benefit, as well as coercing or forcing a child to share child sexual abuse material eunder the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 332 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 4 – paragraph 7 a (new)

7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 333 #

Proposal for a directive
Article 4 – paragraph 7 a (new)

7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 334 #

Proposal for a directive
Article 4 – paragraph 7 a (new)

7 a. Coercing or compelling a child to share intimate material featuring the child, in order to obtain money, child sexual abuse material, or any other benefit under the threat of sharing the material without the depicted person's consent, shall be punishable by a maximum prison term of no less than 8 years.

Amendment 335 #

Proposal for a directive
Article 4 – paragraph 7 a (new)

7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment 336 #

Proposal for a directive
Article 4 – paragraph 7 a (new)

7 a. Member States shall take the necessary measures to ensure that sexual extortion of children as defined in Article 2 paragraph 9 is punishable by a maximum term of imprisonment of at least 8 years.

Amendment 337 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 5 – title

Offences concerning child sexual abuse material and instructions manuals on how to sexually abuse children

Amendment 338 #

Proposal for a directive
Article 5 – paragraph 2

2. Acquisition or possession of child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 339 #

Proposal for a directive
Article 5 – paragraph 2

2. Acquisition or possession of child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 12 year.

Amendment 340 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 5 – paragraph 2

2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 341 #

Proposal for a directive
Article 5 – paragraph 2

2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 342 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 5 – paragraph 2

2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 343 #

Proposal for a directive
Article 5 – paragraph 3

3. Knowingly obtaining access, by means of information and communication technology, ~~to child sexual abuse material~~including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 12 year.

Amendment 344 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 5 – paragraph 3

3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 12 year.

Amendment 345 #

Proposal for a directive
Article 5 – paragraph 3

3. Knowingly and habitually obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

Amendment 346 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 5 – paragraph 3

3. Knowingly obtaining access, including by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 347 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 5 – paragraph 3

3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment 348 #

Proposal for a directive
Article 5 – paragraph 4

4. Distribution, dissemination or transmission of child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 25 years.

Amendment 349 #

Proposal for a directive
Article 5 – paragraph 4

4. Distribution, dissemination or transmission of child sexual abuse material instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 350 #

Proposal for a directive
Article 5 – paragraph 4

4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 24 years.

Amendment 351 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 5 – paragraph 4

4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 23 years.

Amendment 352 #

Proposal for a directive
Article 5 – paragraph 5

5. Offering, supplying or making available child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 25 years.

Amendment 353 #

Proposal for a directive
Article 5 – paragraph 5

5. Offering, supplying or making available child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment 354 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 5 – paragraph 5

5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 24 years.

Amendment 355 #

Proposal for a directive
Article 5 – paragraph 6

6. Production of child sexual abuse material, including that generated by artificial intelligence or created by any computerised means, shall be punishable by a maximum term of imprisonment of at least 35 years.

Amendment 356 #

Proposal for a directive
Article 5 – paragraph 6

6. Production of child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 34 years.

Amendment 357 #

Proposal for a directive
Article 5 – paragraph 6

6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 36 years.

Amendment 358 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 5 – paragraph 6

6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 35 years.

Amendment 359 #

Proposal for a directive
Article 5 – paragraph 6

6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 38 years.

Amendment 360 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1

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

Amendment 361 #

Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1

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

Amendment 362 #

Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1

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

Amendment 363 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2

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

Amendment 364 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2

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

Amendment 365 #

Proposal for a directive
Article 5 – paragraph 8 – introductory part

8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 a~~llow~~re limited to some or all of the following activities to:

Amendment 366 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 5 – paragraph 8 – introductory part

8. Member States shall ~~ensure that authorisations for an organisation acting in the public inter~~provide a legal framework for hotlines to harmonise their role and competencest a~~gainst child sexual abuse referred to in paragraph 7 allow some or~~nd to ensure that authorisations for such organisations allow all of the following activities to:

Amendment 367 #

Proposal for a directive
Article 5 – paragraph 8 – introductory part

8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow ~~some or~~ all of the following activities to:

Amendment 368 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 5 – paragraph 8 – point a

a. receive and analyse reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse, including the downloading of child sexual abuse material by the organisation<;

Amendment 369 #

Proposal for a directive
Article 5 – paragraph 8 – point a a (new)

a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform;

Amendment 370 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 5 – paragraph 8 – point a a (new)

a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform;

Amendment 371 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 5 – paragraph 8 – point b

b. promptly notify the reported illegal content to the relevant law enforcement authority of the Member State where the material is hosted ~~of reported illegal content~~;

Amendment 372 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Article 5 – paragraph 8 – point b a (new)

b a. promptly send a notice and takedown request to the relevant information society service for instances of child sexual abuse material online;

Amendment 373 #

Proposal for a directive
Article 5 – paragraph 8 – point d

d. ~~carry out searches on~~find out about publicly accessible child sexual abuse material on hosting services ~~to detect the dissemination of child sexual abuse material~~, by carrying out searches, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.

Amendment 374 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 5 – paragraph 8 – point d a (new)

d a. cooperate directly with national service providers in notice and take-down procedure, with consent from the responsible national law enforcement authority.

Amendment 375 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 5 – paragraph 9

9. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (36)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction.

Amendment 376 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU

Proposal for a directive
Article 5 – paragraph 9

9. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (36)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction.

Amendment 377 #

Proposal for a directive
Article 5 a (new)

Article5a Instructions manuals on how to commit the offences listed in Articles 3, 4, 5, 6 and 7 1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable. 2. Acquisition or possession of instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years. 3. Knowingly obtaining access, including by means of information and communication technology, to instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years. 4. Distribution, dissemination or transmission of child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years. 5. Offering, supplying or making available child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years. 6. Production of child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 8 years.

Amendment 378 #

Proposal for a directive
Article 5 a (new)

Article5a Offences concerning child sexual abuse manuals 1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable. 2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years. 3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years. 4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years. 5. Paragraphs 7 and 8 of Article 5 shall apply to child sexual abuse instruction manuals, mutatis mutandis.

Amendment 379 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Article 5 a (new)

Article 5a Offences concerning child sexual abuse manuals 1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable; 2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years; 3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years; 4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years; 5. Paragraphs 7 and 8 of Article 5 shall apply to child sexual abuse instruction manuals, mutatis mutandis.

Amendment 380 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Member States shall take the necessary measures to ensure that the following intentional conduct committed by an adult or by a peer is punishable as follows :

Amendment 381 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Member States shall take the necessary measures to ensure that the following intentional conduct ~~committed by an adult~~ is punishable as follows :

Amendment 382 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , including by means of information and communication technology, to meet and or establish a relationship with a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7), Article 4 and Article 5(6), where that proposal was followed by material acts leading to such ~~a meeting~~offences, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 383 #

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , including by means of information and communication technology, to ~~meet~~establish a relationship with a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) ~~and~~Article 4, Article 5(6) and Article 7, where that proposal was followed by material acts leading to such ~~a meeting~~offences, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 384 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing ~~, by means of information and communication technology~~, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7), Article 4 and Article 5(6), where that proposal was followed by material acts ~~leading to such a meeting~~, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 385 #

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , including by means of information and communication technology, to ~~meet~~establish a relationship with a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such ~~a meeting~~offences, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 386 #

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , including by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 387 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts that could lead~~ing~~ to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 388 #

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 12 years;

Amendment 389 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) ~~and~~or Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment 390 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 6 – paragraph 1 – point a a (new)

(a a) The conduct referred to in the first subparagraph does not cover consensual relationships between peers who are close in age and degree of psychological and physical development and maturity, provided that there is no element of coercion, abuse of trust or dependency between the peer;

Amendment 391 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 6 – paragraph 1 – point b

(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 25 years where use is made of coercion, force or threats.

Amendment 392 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .

Amendment 393 #

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least ~~6 months~~ one year.

Amendment 394 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) ~~by an adult~~ soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .

Amendment 395 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) ~~by an adult~~ soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .

Amendment 396 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2

The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where use is made of coercion, force or threats, including the threat of sharing or disseminating intimate or manipulated materials.

Amendment 397 #

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2

The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1two and a half years where use is made of coercion, force or threats.

Amendment 398 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and sexual exploitation ~~in prostitution~~ is punishable by a maximum term of imprisonment of at least 6 months.

Amendment 399 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least ~~6 months~~1 year.

Amendment 400 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) ~~by an adult~~ causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.

Amendment 401 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) ~~by an adult~~ causing a child to participate in child sexual abuse performances and sexual exploitation ~~in prostitution~~ is punishable by a maximum term of imprisonment of at least 6 months.

Amendment 402 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and ~~exploitation in~~ prostitution is punishable by a maximum term of imprisonment of at least 6 months.

Amendment 403 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 a (new)

Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

Amendment 404 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2

The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1two and a half years where use is made of coercion, force or threats.

Amendment 405 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 6 – paragraph 3 a (new)

3 a. Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

Amendment 406 #

Proposal for a directive
Article 7 – title

Solicitation ofto commit sexual abuse or exploitation including live streaming

Amendment 407 #

Proposal for a directive
Article 7 – title

~~Solicitation of sexual abuse~~Inciting someone to commit child sexual abuse and exploitation

Amendment 408 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 7 – title

~~Solicitation of sexual abuse~~Inciting someone to commit child sexual abuse and exploitation

Amendment 409 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 7 – title

Solicitation ofto commit sexual abuse or exploitation

Amendment 410 #

Proposal for a directive
Article 7 – title

Solicitation of child sexual abuse and exploitation

Amendment 411 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, including if the conduct was carried out using information and communication technology, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.

Amendment 412 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that intentionally promising or giving any third person money, or other form of remuneration or consideration, including by means of information and communication technology, to cause themis person to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.

Amendment 413 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that intentionally promising or giving any person money, or other form of remuneration or consideration, to cause them to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 35 years.

Amendment 414 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

Member States shall take the necessary measures to ensure that publicly promote or praise the offences listed in Article 3 to Article 9 is punishable by a maximum term of imprisonment of at least 3 years.

Amendment 415 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate ~~or encourage~~ the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year. 2. Paragraph 1 shall be without prejudice to the exemptions from liability for providers of information society services provided for by Articles 4 to 6 of Regulation (EU) 2022/2065 (the Digital Services Act).

Amendment 416 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 8 – paragraph 1

Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 10 years.

Amendment 417 #

Proposal for a directive
Article 8 – paragraph 1

Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 12 years.

Amendment 418 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service w~~hich is conceived to facilitate or encourage~~ith the main purpose of facilitating the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 12 year.

Amendment 419 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 8 – paragraph 1 a (new)

2. Paragraph 1 shall be without prejudice to the exemptions from liability for providers of information society services provided for by Articles 4 to 6 of Regulation (EU) 2022/2065 (the Digital Services Act).

Amendment 420 #

Proposal for a directive
Article 10 – paragraph -1 (new)

-1. Member States should ensure that peers are protected from prosecution for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers;

Amendment 421 #

Proposal for a directive
Article 10 – paragraph 1

1. ~~It shall be within the discretion of Member States to decide whether~~ Article 3(2) and (4) shall not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.

Amendment 422 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 10 – paragraph 1

1. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 3(2), (4) and (4)7) do not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse or any other act constitutive of sexual violence.

Amendment 423 #

Proposal for a directive
Article 10 – paragraph 1

1. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 3(2), (4) and (4)7) do not apply to consensual sexual activities between peers, ~~in so far as the acts did not involve any abuse~~provided that there is no element of coercion, abuse of trust or dependency between the peers.

Amendment 424 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 10 – paragraph 1

1. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 3(2) and (4) shall not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.

Amendment 425 #

Proposal for a directive
Article 10 – paragraph 1 a (new)

1 a. Member States should ensure that peers are protected from prosecution for consensual, non-exploitative sexual activity, provided there is no element of coercion, abuse of trust, or dependency involved between them.

Amendment 426 #

Proposal for a directive
Article 10 – paragraph 1 a (new)

1 a. Member States should ensure that peers should not be criminalised for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers.

Amendment 427 #

Proposal for a directive
Article 10 – paragraph 2

2. ~~It shall be within the discretion of Member States to decide whether~~ Article 4(4) shall not appl~~ies~~y to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

Amendment 428 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 10 – paragraph 2

2. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 4(4) does not appl~~ies~~y to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

Amendment 429 #

Proposal for a directive
Article 10 – paragraph 2

2. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 4(4) does not appl~~ies~~y to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

Amendment 430 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 10 – paragraph 2

2. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 4(4) shall not appl~~ies~~y to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

Amendment 431 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part

~~It shall be within the discretion of Member States to decide whether~~ Article 5(2), (3), (4) and (6) shall not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Amendment 432 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part

~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 5(2), (3), (4) and (6) do not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Amendment 433 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part

~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 5(2), (3), (4) and (6) do not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Amendment 434 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part

~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 5(2), (3), (4) and (6) shall not apply to the production, acquisition or possession of , or access to, material which exclusively involves:

Amendment 435 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a

~~(a) children who have reached the age of sexual consent , or~~deleted

Amendment 436 #

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2

where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, ~~in so far as the acts did not involve any abuse~~provided that there is no element of coercion, abuse of trust or dependency between the peers.

Amendment 437 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 10 – paragraph 4

4. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 6 does not appl~~ies~~y to proposals, conversations, contacts or exchanges between peers, provided that there is no element of coercion, abuse of trust or dependency between the peers.

Amendment 438 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 10 – paragraph 4

4. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 6 shall not appl~~ies~~y to proposals, conversations, contacts or exchanges between peers, in so far as they did not involve any abuse.

Amendment 439 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, András LÁSZLÓ

Proposal for a directive
Article 10 – paragraph 4

4. ~~It shall be within the discretion of Member States to decide whether~~Member States shall ensure that Article 6 does not appl~~ies~~y to proposals, conversations, contacts or exchanges between peers.

Amendment 440 #

Proposal for a directive
Article 10 – paragraph 5

5. For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. Consent can be withdrawn at any moment. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.deleted

Amendment 441 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 10 – paragraph 5

5. For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. Consent can be withdrawn at any moment. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.deleted

Amendment 442 #

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1

For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. A child above the age of sexual consent cannot be considered to have consented when the child was unable to form a free will due to the presence of the circumstances described in Article 3(5) or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury.

Amendment 443 #

Fabienne KELLER, Hilde VAUTMANS, Lucia YAR, Abir AL-SAHLANI, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1

For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. A child above the age of sexual consent cannot be considered to have consented when the child was unable to form a free will due to the presence of the circumstances described in Article 3(5) or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury.

Amendment 444 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1

For the purpose of paragraphs 1 to 4, where a child above the age of sexual consent ~~can be considered as having~~has consented to an activity ~~only where~~, they c~~onsent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances~~an withdraw their consent at any moment.

Amendment 445 #

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1

For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given clearly and voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.

Amendment 446 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 2

~~Consent can be withdrawn at any moment.~~deleted

Amendment 447 #

Fabienne KELLER, Hilde VAUTMANS, Lucia YAR, Abir AL-SAHLANI, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3

The absence of consent cannot be refuted ~~exclusively~~ by the child’s silence, verbal or physical non-resistance or past conduct.

Amendment 448 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3

~~The absence of consent cannot be refuted exclusively by the c~~Child’s silence, verbal or physical non- resistance or past conduct cannot be considered as having given consent.

Amendment 449 #

Proposal for a directive
Article 10 – paragraph 6

~~6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.~~deleted

Amendment 450 #

Proposal for a directive
Article 10 – paragraph 6

6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video. Any subsequent sharing or dissemination, whether by the original recipient or any other party, shall require explicit, informed consent from the individual depicted, and failure to obtain such consent shall be considered a violation of privacy rights, subject to prosecution.

Amendment 451 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 10 – paragraph 6

6. Consensual sharing of one’s intimate images or, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image ~~or video~~, videos or similar material, including in a manipulated or altered version. Member States shall take criminalise the further sharing or dissemination of these materials.

Amendment 452 #

Proposal for a directive
Article 10 – paragraph 6

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

Amendment 453 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 10 – paragraph 6

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

Amendment 454 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 10 – paragraph 6

6. CFor the purpose of paragraphs 1 to 4, consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.

Amendment 455 #

Proposal for a directive
Article 10 – paragraph 6

6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further ~~sharing or disseminat~~distribution, dissemination or transmission of that same image or video.

Amendment 456 #

Proposal for a directive
Article 11 – paragraph 1 – point -a (new)

(-a) the offence was committed against a child who has not reached the age of consent

Amendment 457 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 11 – paragraph 1 – point -a (new)

(-a) the age of the child against whom the offence was committed;

Amendment 458 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 11 – paragraph 1 – point a

(a) the offence was committed against a child in a particularly vulnerable situation, such as a young child, a child with a mental or physical disability, a child who is seen as not conforming to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics, a child in alternative care, children in situation of migration both unaccompanied or accompanied, or a child with a mental or physical condition or disability, in a situation of dependence or in a state of physical or mental incapacity;

Amendment 459 #

Proposal for a directive
Article 11 – paragraph 1 – point a

(a) the offence was committed against a child in a particularly vulnerable situation, such as a young child, a child with a mental or physical disability, a child who is seen as not conforming to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics, or a child in a situation of dependence or in a state of physical or mental incapacity;

Amendment 460 #

Proposal for a directive
Article 11 – paragraph 1 – point a

(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence, living in an institutionalized environment, or in a state of physical or mental incapacity, or a child deprived of liberty;

Amendment 461 #

Proposal for a directive
Article 11 – paragraph 1 – point a

(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental, intellectual or physical disability, in a situation of dependence or in a state of physical or mental incapacity;

Amendment 462 #

Proposal for a directive
Article 11 – paragraph 1 – point a

(a) the offence was committed against a child in a ~~particularl~~ny vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;

Amendment 463 #

Fabienne KELLER, Hilde VAUTMANS, Lucia YAR, Abir AL-SAHLANI, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 11 – paragraph 1 – point a a (new)

(a a) the offence was committeed due to a motive based on one or more grounds protected under Article 21 of the Charter of Fundamental Rights and resulted in either a direct or an indirect discrimination, prohibited under EU law;

Amendment 464 #

Proposal for a directive
Article 11 – paragraph 1 – point g

(g) the offence involved serious violence or caused serious physical or psychological harm to the child ;

Amendment 465 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 11 – paragraph 1 – point h

(h) the offence or another criminal offence of child sexual abuse or sexual exploitation was committed repeatedly;

Amendment 466 #

Alessandro ZAN, Marina KALJURAND, Caterina CHINNICI, Hilde VAUTMANS, Evin INCIR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Francisco ASSIS, Merja KYLLÖNEN, Pina PICIERNO, Birgit SIPPEL, Antonio LÓPEZ-ISTÚRIZ WHITE, Anna STÜRGKH, François-Xavier BELLAMY, Cecilia STRADA

Proposal for a directive
Article 11 – paragraph 1 – point h

(h) the offence was committed repeatedly, and or continuously over a period of time;

Amendment 467 #

Evin INCIR

Proposal for a directive
Article 11 – paragraph 1 – point h a (new)

(h a) the intention of the offence was to preserve or restore the so-called ‘honour’ of a person, a family, a community or another similar group;

Amendment 468 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 11 – paragraph 1 – point h a (new)

(h a) the offender posed as a minor or a peer;

Amendment 469 #

Proposal for a directive
Article 11 – paragraph 1 – point j a (new)

(j a) the offence was committed due to a motive based on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation as per Article 21 of the Charter of Fundamental Rights of the European Union.

Amendment 470 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 11 – paragraph 1 – point j a (new)

(j a) the offence was committed due to a motive based on one or more than one grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either a direct or an indirect discrimination, prohibited under EU law.

Amendment 471 #

Proposal for a directive
Article 11 – paragraph 1 – point j a (new)

(j a) the offence was committed exploiting one or more than one grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either a direct or an indirect discrimination, prohibited under EU law;

Amendment 472 #

Alessandro ZAN, Caterina CHINNICI, Hilde VAUTMANS, Evin INCIR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Francisco ASSIS, Merja KYLLÖNEN, Pina PICIERNO, Antonio LÓPEZ-ISTÚRIZ WHITE, Cecilia STRADA

Proposal for a directive
Article 11 – paragraph 1 – point j a (new)

(j a) (k) the offence was committed with particular cruelty

Amendment 473 #

Proposal for a directive
Article 11 – paragraph 1 – point j b (new)

(j b) the offence was committed within the context of a conversion therapy practice

Amendment 474 #

Proposal for a directive
Article 11 – paragraph 1 – point j b (new)

(j b) the offence was committed within the context of a conversion therapy practice;

Amendment 475 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 12 – paragraph 1

1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 ~~may~~shall be temporarily or permanently prevented from exercising ~~at least~~ professional activities ~~involv~~and organised voluntary activities involving or facilitating direct and regular contacts with children.

Amendment 476 #

Proposal for a directive
Article 12 – paragraph 1

1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 ~~may~~shall be temporarily or permanently prevented from exercising ~~at least~~ professional a~~ctivities involv~~n organised voluntary activities involving or facilitating direct and regular contacts with children.

Amendment 477 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 12 – paragraph 1

1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional and organised voluntary activities involving direct and regular contacts with children.

Amendment 478 #

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall take the necessary measures to ensure that any employers, when recruiting a person, including staff, consultants and volunteers, for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting ~~staff~~a person, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.

Amendment 479 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall ~~take the necessary measures to ensure that~~require employers, when recruiting a person for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting staff, consultant and volunteers, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.

Amendment 480 #

Proposal for a directive
Article 12 – paragraph 3

3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State, in accordance with human and children's rights standards. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.

Amendment 481 #

Proposal for a directive
Article 12 – paragraph 3

3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State in accordance with human and children’s rights. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.

Amendment 482 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 12 – paragraph 3

3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information from the authorities to the requesting party concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions , and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.

Amendment 483 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 12 – paragraph 3

3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure~~, the transmission of~~ information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions is transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries, and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. ~~For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.~~

Amendment 484 #

Proposal for a directive
Article 12 – paragraph 3 a (new)

3 a. Member States shall ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications referred to in paragraphs 3 are guided by human and children’s rights standards.

Amendment 485 #

Proposal for a directive
Article 12 – paragraph 3 a (new)

3 a. Member States must ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications mentioned in paragraphs 3 are guided by human and children’s rights.

Amendment 486 #

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) permanent exclusion from entitlement to public benefits or aid;

Amendment 487 #

Proposal for a directive
Article 14 – paragraph 1 – point f a (new)

(f a) mandatory public disclosure of the conviction, including the publication of the identities, photographs, and relevant personal details of those responsible through media outlets or public statements, to ensure full accountability and deter future offences.

Amendment 488 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 15 – paragraph 1

Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities ~~are entitled~~shall not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).

Amendment 489 #

Proposal for a directive
Article 15 – paragraph 1

Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities ~~are entitle~~do not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).

Amendment 490 #

Proposal for a directive
Article 15 – paragraph 1

Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities ~~are entitle~~do not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).

Amendment 491 #

Proposal for a directive
Article 16 – title

Investigation and prosecution ~~and limitation periods~~

Amendment 492 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

1 a. Member States shall take the necessary measures to ensure that they set up or maintain specialised investigation and prosecution units and services to investigate and prosecute the offences referred to in this Directive.

Amendment 493 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.deleted

Amendment 494 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (4), (5), (6), (7) and (~~7) ,~~8) of any ~~serious~~ offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and beyond victims’ average age of disclosure, and which is commensurate with the gravity of the offence concerned.

Amendment 495 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any ~~serious~~ offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time afto guarantere the ~~victim has reached the age of majority and which is commensurate with the gravity of the offence concerne~~right of every victim to access justice at least until after the victim has reached the age of 53 years old.

Amendment 496 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1

Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (4), (5), (6), (7) and (7) 8), of any ~~serious~~ offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time afto guarantere the ~~victim has reached the age of majority and which is commensurate with the gravity of the offence concerne~~right of every victim to access justice and at least until the victim has reached 58 years old.

Amendment 497 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2

This period of time referred to in the first subparagraph shall be: (a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment; (b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment; (c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.deleted

Amendment 498 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – introductory part

This period of time referred to in the first subparagraph shall be: at least 40 years from the date the victim has reached the age of majority. The period of time referred to in the second subparagraph shall be interrupted by any act initiating the judicial proceedings or any subsequent proceedings for offences listed in paragraph 2 first subparagraph conducted against the same offender. If the offender commits another offence listed in paragraph 2 first subparagraph before the expiry of the limitation period, the limitation period of the initial offence is prolonged until the the date on which the limitation period for the new offence expires.

Amendment 499 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a

~~(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;~~deleted

Amendment 500 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a

(a) at least 2035 years from the date the victim has reached the age of majority ~~for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment~~;

Amendment 501 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a

(a) at least 230 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Amendment 502 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a

(a) at least 230 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Amendment 503 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a

(a) at least 240 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Amendment 504 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a

(a) ~~at least 20 years from the date the victim has reached the age of majority~~the statute of limitations does not expire for the offences ~~punishabl~~of sexual abuse uand~~er this Directive by a maximum penalty of at least 3 years of imprisonment~~ sexual exploitation against minors, as set out under this Directive;

Amendment 505 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b

~~(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;~~deleted

Amendment 506 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b

~~(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;~~deleted

Amendment 507 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b

~~(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;~~deleted

Amendment 508 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b

~~(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;~~deleted

Amendment 509 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b

(b) at least 235 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

Amendment 510 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b

(b) at least 235 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

Amendment 511 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c

~~(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.~~deleted

Amendment 512 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c

~~(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.~~deleted

Amendment 513 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c

~~(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.~~deleted

Amendment 514 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c

~~(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.~~deleted

Amendment 515 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c

(c) at least 340 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

Amendment 516 #

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c

(c) at least 340 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

Amendment 517 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c a (new)

(c a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 10 years of imprisonment.

Amendment 518 #

Proposal for a directive
Article 16 – paragraph 2 a (new)

2 a. The period of time referred to in the second subparagraph shall be interrupted by any act initiating the judicial proceedings or any subsequent proceedings for offences listed in paragraph 2 first subparagraph conducted against the same offender.

Amendment 519 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 16 – paragraph 2 b (new)

2 b. If the offender commits another offence listed in paragraph 2 first subparagraph before the expiry of the limitation period, the limitation period of the initial offence is prolonged until the the date on which the limitation period for the new offence expires.

Amendment 52 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, András LÁSZLÓ, Susanna CECCARDI

Proposal for a directive
Recital 2

(2) Sexual abuse and sexual exploitation of children, including child sexual abuse material , are barbaric acts that cause huge suffering to victims. They shock and outrage society by targeting the most innocent and vulnerable in its midst, who represent its future. From a legal perspective, they constitute serious violations of fundamental rights, in particular of the rights of children to the protection and care necessary for their well-being, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union2. _________________ 2 OJ C 364, 18.12.2000, p. 1.

Amendment 520 #

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting offences referred to in Articles 3 to 9 . Where appropriate, these tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations, the use of so called 'honeypots', the interception of communications, covert surveillance including electronic surveillance and the monitoring of bank accounts or other financial investigations.

Amendment 521 #

Proposal for a directive
Article 16 – paragraph 4

4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9 have sufficient staff~~, expertise and effective investigative tools~~ and expertise to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, these tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.

Amendment 522 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 16 – paragraph 4

4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9 have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, these tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercoverThese tools shall for example include psychological forensic experts and special investigationve tools.

Amendment 523 #

Proposal for a directive
Article 16 – paragraph 4

4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9 have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. ~~Where appropriate, t~~These tools shall include psychological forensic experts, and, where appropriate, special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.

Amendment 524 #

Proposal for a directive
Article 16 – paragraph 4

4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. ~~Where appropriate, t~~These tools shall include psychological forensic experts, and, where appropriate, special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.

Amendment 525 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 16 a (new)

Article 16a Limitation periods Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (5), (6) and (7) , of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned. This period of time referred to in the first subparagraph shall be: (a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment; (b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment; (c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.

Amendment 526 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall take the necessary measures to encourage any natural or legal person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without affecting Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. _________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). 25 Regulation (EU)

Amendment 527 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall take the necessary measures to encourage any natural or legal person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without affecting Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. _________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). 25 Regulation (EU)

Amendment 528 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without ~~affecting~~prejudice to Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. _________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). 25 Regulation (EU)

Amendment 529 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 17 – paragraph 3

3. Member States shall ensure that a~~t least~~ll professionals and volunteers working in close contact with children, including in the child protection, education, childcare and health care sectors, as well as legal professionals, teachers and educators, family court judges and front-line police officers are informed and trained to recognise abuse. These professionals and volunteers are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed, always taking into consideration the best interest of the child.

Amendment 53 #

Proposal for a directive
Recital 4

(4) Child sexual abuse material, generated by artificial intelligence or created through any other computerised means, and other particularly serious forms of sexual abuse and sexual exploitation of children are increasing and spreading through the use of new technologies and the Internet.

Amendment 530 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Article 17 – paragraph 3

3. Member States shall ensure that ~~at least~~ professionals and volunteers working in close contact with children ~~in the child protection, education, childcare and health care sectors~~ are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

Amendment 531 #

Proposal for a directive
Article 17 – paragraph 3

3. Member States shall ensure that a~~t least~~ll professionals and volunteers working in close contact with children ~~in the child protection, education, childcare and health care sectors~~ are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

Amendment 532 #

Moritz KÖRNER

Proposal for a directive
Article 17 – paragraph 3

3. Member States shall ensure that at least professionals working in close contact with children in the child protection, education, childcare and health care sectors ~~are obliged to report~~have fast and easy access to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

Amendment 533 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 17 – paragraph 3

3. Member States shall ensure that at least professionals working in close contact with children in the child protection, education, ~~childcare and health~~ recreation and sports, childcare sectors are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

Amendment 534 #

Proposal for a directive
Article 17 – paragraph 3 a (new)

3 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Amendment 535 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 17 – paragraph 3 a (new)

3 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Amendment 536 #

Proposal for a directive
Article 17 – paragraph 4

4. Member States shall exempt p~~rofessionals working in the health care sectors~~ersons working in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Amendment 537 #

Proposal for a directive
Article 17 – paragraph 4

4. Member States shall exempt professionals ~~working in the health care sectors~~active in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Amendment 538 #

Proposal for a directive
Article 17 – paragraph 4

4. Member States shall exempt professionals working in the ~~health care sectors in the~~ context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Amendment 539 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 17 – paragraph 4 b (new)

4 b. Member States shall ensure the availability of accessible, visible, clear, user-friendly reporting mechanisms in line with Barnahus quality standards.

Amendment 54 #

Proposal for a directive
Recital 6 a (new)

(6 a) Pursuant to the Convention on the Rights of the Child, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, the best interests of the child is a primary consideration when taking measures which aim to protect children from being exposed to pornographic content.

Amendment 540 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 17 – paragraph 5

5. Member States, supported by the EU Centre once established, shall issue guidelines for the persons referred to in paragraph 3 on identifying whether an offence punishable under this Directive has been committed or is likely to be committed and on reporting to competent authorities. Such guidelines shall also indicate how to address the specific needs of victims, while taking into account national practices and standards.

Amendment 541 #

Proposal for a directive
Article 18 – paragraph -1 (new)

-1. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing;

Amendment 542 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 18 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report, through diversified mechanisms and not limiting it to the criminal proceedings, the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Amendment 543 #

Proposal for a directive
Article 18 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report, through diversified mechanisms, the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Amendment 544 #

Proposal for a directive
Article 18 – paragraph 1

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities freely, safely and in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Amendment 545 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 18 – paragraph 1 a (new)

1 a. Member States shall ensure the availability of accessible, visible, clear, user-friendly reporting mechanisms in line with Barnahus quality standards.

Amendment 546 #

Proposal for a directive
Article 18 – paragraph 2

2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are ~~safe, confidential~~accessible, clear, user- friendly, anonymous, safe, confidential, available in official and widely spoken languages, and designed in a child- friendly, trauma-informed and gender sensitive manner and language, in accordance with their age and maturity. Member States shall ensure appropriate information and awareness about reporting procedures and available support services. Member States shall ensure reporting is not conditional upon parental consent.

Amendment 547 #

Proposal for a directive
Article 18 – paragraph 2

2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are ~~safe, confidential~~accessible, diversified, safe, confidential, available in offical and widely spoken languages, and designed in a child-friendly manner and language, in accordance with their age ~~and~~, maturity and specific needs and conditions. Member States shall ensure reporting is not conditional upon parental consent.

Amendment 548 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 18 – paragraph 2 a (new)

2 a. Member States shall set age and need-appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology. Member States should also encourage and support, including financially, other reporting mechanisms, notably: (a) the development of dedicated helplines and hotlines, including but not only under the number 116 000 for missing children, (b) the appointment of well-being officers by online platforms, specifically trained to receive, assess and report suspicion of child sexual abuse and exploitation. Member States shall ensure that these reporting systems are fully integrated into national child protection systems.

Amendment 549 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

2 a. Member States should encourage and support, including financially, other reporting mechanisms, notably : (a) the development of dedicated helplines and hotlines, including but not only under the number 116 000 for missing children; (b) the appointment of well-being officers by online platforms, specifically trained to receive, assess and report suspicion of child sexual abuse and exploitation. Member States shall ensure that these reporting systems are fully integrated into national child protection systems.

Amendment 55 #

Proposal for a directive
Recital 7

(7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains comprehensive and effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union, the Council of Europe Strategy on the Rights of the Child, the United Nations Declaration of the Rights of the Child and the United Nations Convention on the Rights of the Child.

Amendment 550 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

2 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus’ model quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Amendment 551 #

Proposal for a directive
Article 18 – paragraph 2 b (new)

2 b. Member States shall ensure appropriate information and awareness about reporting procedures and available support services.

Amendment 552 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 18 – paragraph 2 b (new)

2 b. Member States shall ensure that reporting mechanisms are adequately resourced, including in terms of funding and staffing.

Amendment 553 #

Proposal for a directive
Article 18 – paragraph 3

3. Member States shall ensure that, with due regard to the fact that reporting an act which may constitute a criminal offence and participating in a criminal proceeding under this Directive does not create any rights regarding the residence status of the victim, or have any suspensive effect when determining their residence status, the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.

Amendment 554 #

Proposal for a directive
Article 18 – paragraph 3

3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities~~, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU~~.

Amendment 555 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 18 – paragraph 3 a (new)

3 a. Member States shall ensure that primary carers, specifically mothers acting in the child’s best interest to prevent harm, shall not face criminal charges or civil liabilities for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse. Protective actions shall not be grounds for civil lawsuits, including but not limited to defamation, alienation, or custody interference, provided these actions were taken with the reasonable belief that they were necessary for the child’s safety.

Amendment 556 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 19 – paragraph 1 – point b

(b) the offender is one of their nationals or residents.

Amendment 557 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 19 – paragraph 3

3. Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 , 6 and 8 , and in so far as is relevant, in Articles 3 , 4, 7 and 9 , is committed by means of information and communication technology accessed from their territory, whether or not ithe intermediary service provider is based on their territory.

Amendment 558 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 19 – paragraph 4

4. For the prosecution of any of the offences referred to in Article 3(4), (5) , (6), (7), and (8), Article 4(2), (3), (5), (6) and (7) , Article 5(6) , Article 7 and Article 8 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not sub~~ordinated~~ject to the condition that the ~~acts are~~conduct referred to in those Articles is punishable as a criminal offence atin the ~~plac~~State where ~~they were performed~~it was carried out.

Amendment 559 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 19 – paragraph 5

5. For the prosecution of any of the offences referred to in Articles 3 to 9 committed outside the territory of the Member State concerned, as regards paragraph 1 , point (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not sub~~ordinated~~ject to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.

Amendment 56 #

Proposal for a directive
Recital 7

(7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material, generated by artificial intelligence or created through any other computerised means, require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.

Amendment 560 #

Proposal for a directive
Article 19 – paragraph 6

6. Where a criminal offence referred to in Articles 3 to 9 falls within the jurisdiction of more than one Member State, these Member States shall cooperate to determine which Member State is to conduct criminal proceedings. ~~The matter shall, where appropriate and in accordance with Article 12 of Framework Decision 2009/948/JHA, be referred to Eurojust.~~

Amendment 561 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 20 – paragraph 1

1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child irrespective of whether they have filed a formal complaint.

Amendment 562 #

Proposal for a directive
Article 20 – paragraph 1

1. CMember States shall ensure that child victims of the offences referred to in Articles 3 to 9 ~~shall b~~are provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.

Amendment 563 #

Proposal for a directive
Article 20 – paragraph 1

1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account as an absolute priority the best interests of the child.

Amendment 564 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 20 a (new)

Article20a Specialist support for child victims of child sexual abuse or sexual exploitation 1. Member States shall provide for appropriately equipped and easily accessible referral centres for victims of child sexual abuse or exploitation that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence. The centres referred to in the first subparagraph shall provide trauma- sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims, after the offence has been committed. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations. Those examinations may be provided in the centres referred to in this paragraph or by referral to specialised centres or units. Member States shall ensure coordination between the referral centres and competent medical and forensic centres. All services referred to in this Article shall be provided in a child-friendly manner. 2. Member States shall provide for child victims of sexual abuse or exploitation to have timely access to healthcare services, including sexual and reproductive healthcare services, in accordance with national law. 3. The services referred to in paragraphs 1 and 2 of this Article shall be available free of charge, without prejudice to those services that are provided for under the national healthcare system, and accessible every day of the week. 4. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2 across the Member State. 5. Member States may provide that these centres are attached to the centres established under Article 28 of Directive (EU) 2024/1385 on combating violence against women and domestic violence.

Amendment 565 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 21 – title

Assistance and support to victims and survivors

Amendment 566 #

Proposal for a directive
Article 21 – title

Assistance and support to victims and survivors

Amendment 567 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 21 – title

Assistance and support to victims and survivors

Amendment 568 #

Proposal for a directive
Article 21 – paragraph -1 (new)

-1. Member States shall establish age- appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation.

Amendment 569 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims ~~before, during and for~~and survivors as soon ans a~~ppropriate period of time~~ report is made both (a) without the existence of a criminal proceeding and, (b) if it is the case, during criminal proceedings and for as long as needed after the conclusion of criminal proceedings and on an opt-out basis in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims and adult survivors of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family.

Amendment 57 #

Proposal for a directive
Recital 7 a (new)

(7 a) The risk that children could be exposed to pornographic content, such as cyber-grooming, sexual solicitation, online child abuse and exploitation, and the detrimental impact such exposure has on the physical, psychological and emotional development of a child has already led certain Member States to amend their criminal law to explicitly criminalise the dissemination of pornographic content to children. The lack of harmonisation in that regard creates an uneven level of protection across the Union and difficulties in law- enforcement. It is important that children are protected equally across the Union.

Amendment 570 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims ~~before, during and for an appropriate period of time~~and survivors as soon as a report is made, during criminal proceedings and for as long as needed after the conclusion of criminal proceedings and on an opt-out basis in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences and survivors referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family, in line with the best interest of the child.

Amendment 571 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims and survivors before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims and survivors of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family, in line with the best interest of the child.

Amendment 572 #

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family, in line with the best interest of the child.

Amendment 573 #

Proposal for a directive
Article 21 – paragraph 1 a (new)

1 a. Member States shall establish age- appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation in line with Barnahus’ model standards.

Amendment 574 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 21 – paragraph 1 a (new)

1 a. Member States shall establish age- appropriate, multidisciplinary, interagency structures to respond to child sexual abuse and exploitation.

Amendment 575 #

Proposal for a directive
Article 21 – paragraph 2

2. Victims and survivors shall be provided with co~~ordinated, age-appropriate~~mprehensive, specialist, coordinated, age-appropriate, trauma- informed and gender-sensitive, medical care, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250).

Amendment 576 #

Proposal for a directive
Article 21 – paragraph 2

2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, need and age-appropriate, trauma-informed, gender-sensitive medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology.

Amendment 577 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 21 – paragraph 2

2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, age-appropriate and trauma- informed medical care, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed using information and communication technology.

Amendment 578 #

Proposal for a directive
Article 21 – paragraph 2

2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology.

Amendment 579 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 21 – paragraph 2

2. ~~Victims shall b~~Member States shall take the necessary measures to ensure that victims are provided with coordinated, age- appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.

Amendment 58 #

Proposal for a directive
Recital 9 a (new)

(9 a) This Directive should address the need to combat unreported child sexual abuse and exploitation, which represents the majority of cases. The starting point must be the recognition that violence against children often occurs in intimate and family settings, making it difficult to identify and report, and is further exacerbated by the spread of these crimes through new technologies. This highlights the need for legislation that protects, supports, and provides comprehensive redress for victims and survivors, regardless of the existence of criminal proceedings. An adequate institutional framework is essential to guarantee children's rights. In this regard, the Directive must provide a legal framework to establish harmonised mechanisms in the phases of prevention, identification, protection, reporting and reparation to ensure a comprehensive and effective response to these offences.

Amendment 580 #

Proposal for a directive
Article 21 – paragraph 2

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

Amendment 581 #

Proposal for a directive
Article 21 – paragraph 2

2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse and the specific needs of each victim.

Amendment 582 #

Proposal for a directive
Article 21 – paragraph 2

2. ~~Victim~~Member states shall be provide~~d with~~ coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support to victims, as well as any other appropriate support tailored in particular to situations of sexual abuse.

Amendment 583 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2 a. Member States shall, in particular, take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250).

Amendment 584 #

Proposal for a directive
Article 21 – paragraph 2 b (new)

2 b. Member States shall set age- appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology.

Amendment 585 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 21 – paragraph 3

3. WMember States shall take the necessary measures to ensure that, where it is necessary to provide for interim accommodation, children ~~shall~~are, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.

Amendment 586 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 21 – paragraph 3

3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members taking into account the best interest of the child, where necessary in temporary or permanent housing, equipped with support services.

Amendment 587 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 21 – paragraph 3

3. Where it is necessary ~~to provide for~~, Member States shall provide children with interim accommodation~~, c~~. Children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.

Amendment 588 #

Proposal for a directive
Article 21 – paragraph 3

3. ~~Where it is necessary to provide for interim accommodation, children shall, as a priority, be plac~~Member States shall take the necessary measures to ensure that the need for and the type of interim accommodation is assessed with othe~~r family members, where necessary~~ best in te~~mporary or permanent housing, equipped with support services~~rest of the child as primary consideration.

Amendment 589 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 21 – paragraph 3 a (new)

3 a. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to their mental or physical disabilities in line with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] of the proposed Recast Victims’ Rights Directive (2023/0250).

Amendment 59 #

Proposal for a directive
Recital 10

(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . Children with cognitive disabilities, who are particularly vulnerable to sexual exploitation and abuse, and exposed to explicit content, should be afforded particular attention. The Member States should introduce targeted protective measures and support services for children with cognitive disabilities, recognising their specific risk factors and need for specialised assistance.

Amendment 590 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 21 – paragraph 4

4. Victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26 . _________________ 26 COM(2022) 105 of 08.03.2022.deleted

Amendment 591 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 21 – paragraph 4

4. VMember States shall take the necessary measures to ensure that victims of offences punishable under this Directive ~~shall~~ have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26. _________________ 26 COM(2022) 105 of 08.03.2022.

Amendment 592 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 21 – paragraph 6

6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and child survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Amendment 593 #

Proposal for a directive
Article 21 – paragraph 6

6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and child survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Amendment 594 #

Proposal for a directive
Article 21 – paragraph 6

6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, vulnerabilities, needs and concerns.

Amendment 595 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 21 – paragraph 6

6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims and survivors in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, needs and concerns.

Amendment 596 #

Proposal for a directive
Article 21 – paragraph 6 a (new)

6 a. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to abusive material depicting them hosted or disseminated in the EU. Member States shall set up cooperation mechanisms with third-countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.

Amendment 597 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 21 – paragraph 7 a (new)

7 a. Child victims shall have the right to receive, upon their request and on an opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU. Member States shall take specific measures to ensure victims are informed about the potential impact of this request and have access to assistance and support throughout the process.

Amendment 598 #

Proposal for a directive
Article 21 – paragraph 8 a (new)

8 a. Member States shall ensure that victims, survivors and their family receive tailored age-appropriate information about their right to support and assistance and processes to be followed, in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall take specific measures for child victims and survivors to ensure appropriate communication adapted to the child's age, maturity, needs and specific vulnerabilities. Persons with disabilities shall have the right to ask and receive such information in an accessible manner to them.

Amendment 599 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 21 – paragraph 8 b (new)

8 b. Victims and survivors shall have the right to receive, upon their request and on opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU.Member States shall take specific measures to ensure victims and survivors are informed about the potential impact of this request and have access to assistance and support throughout the process.

Amendment 60 #

Proposal for a directive
Recital 10

(10) Child sexual abuse material, including that generated by artificial intelligence or created by any computerised means, frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs or private parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, including those generated by artificial intelligence or created through any other computerised means, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .

Amendment 600 #

Proposal for a directive
Article 21 – paragraph 8 c (new)

8 c. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU.Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to material hosted or disseminated in the EU depicting them. Member States shall set up cooperation mechanisms with third- countries to facilitate non-EU victims’ request for removal and access to support and protection as well as judicial cooperation.

Amendment 601 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 21 – paragraph 8 d (new)

8 d. Member States shall offer the victims and survivors resilience training and education on victimisation, including understanding the impact of trauma, victims and survivors’ rights and childen’s rights, expanding the knowledge on the available support services, and creating guidelines to identify signs of victimisation and how to best assist.

Amendment 602 #

Proposal for a directive
Article 21 – paragraph 9 a (new)

9 a. Member States shall ensure that victims, survivors and their family receive tailored age-appropriate information about their right to support and assistance and processes to be followed, in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall take specific measures for child victims and survivors to ensure appropriate communication adapted to the child's age, maturity, needs and specific vulnerabilities. Persons with disabilities shall have the right to ask and receive such information in a manner accessible to them;

Amendment 603 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 21 – paragraph 9 b (new)

9 b. Victims and survivors shall have the right to receive, upon their request and on opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU . Member States shall take specific measures to ensure victims and survivors are informed about the potential impact of this request and have access to assistance and support throughout the process.

Amendment 604 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 21 – paragraph 9 c (new)

9 c. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to material hosted or disseminated in the EU depicting them. Member States shall set up cooperation mechanisms with third- countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.

Amendment 605 #

Proposal for a directive
Article 21 – paragraph 10

10. Member States, supported by the EU Centre once established, shall issue guidelines for healthcare, education and social service professionals on providing appropriate support to victims of child sexual abuse or exploitation, including on referring victims to the relevant support services and clarifying roles and responsibilities. Such guidelines shall also indicate how to address the specific needs of victims. Such guidelines should serve as a basic example, but the efforts of Member States should not be limited to them alone. It is essential that these guidelines are designed and implemented in close cooperation with regional and local administrations, as well as with non- governmental organisations and experts. The entire process should be led, guided, and directed by the best interests of the child as a full rights-holder. In this way, a truly comprehensive and effective approach to protecting minors from abuse and exploitation will be ensured. The guidelines for healthcare, education and social service professionals should include protocols aimed at protecting children who may be victims of sexual violence. Such protocols should be based on key principles to prioritise the safety of the victim, namely: (a) Best interests of the child. Every decision must focus on safeguarding the child’s well-being and safety above all other interests. (b) Confidentiality. It is crucial to protect the privacy of the child to avoid re- victimization and stigmatisation. Information should only be shared with authorised professionals. (c) No re- victimisation. Avoid repeating questions and examinations, as this can cause additional trauma. Communication and proceedings should be tailored and limited to what is necessary. (d) Universality and non-discrimination. All children should have equal access to protection, regardless of gender, ethnicity, disability, or other factors. (e) Gender approach. The protocol should take into account gender differences and how they may affect the experience of abuse and the support process.

Amendment 606 #

Proposal for a directive
Article 22 – title

Protection of child ~~victims~~ren in criminal investigations and proceedings

Amendment 607 #

Proposal for a directive
Article 22 – title

Protection of child ~~victims~~ren in criminal investigations and proceedings

Amendment 608 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 22 – title

Protection of child ~~victims in criminal~~ren in investigations and proceedings

Amendment 609 #

Proposal for a directive
Article 22 – title

Protection of child ~~victims in criminal~~ren in investigations and proceedings

Amendment 61 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Recital 10

(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as instructions manuals on how to sexually abuse children (so-called ‘paedophile manuals’ ).

Amendment 610 #

Proposal for a directive
Article 22 – paragraph -1 (new)

-1. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child- friendly justice. All authorities involved in the proceedings should be trained in child friendly justice.

Amendment 611 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 22 – paragraph -1 (new)

-1. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child- friendly justice. All authorities involved in the proceedings should be trained in child friendly justice.

Amendment 612 #

Proposal for a directive
Article 22 – paragraph -1 a (new)

-1 a. Member States shall ensure that where child victims participate in criminal proceedings, they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Amendment 613 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 22 – paragraph -1 b (new)

-1 b. Member States shall ensure that child victims receive age-appropriate information about their rights and the processes to be followed in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].

Amendment 614 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 22 – paragraph 1

1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family. All authorities involved in the proceedings should be trained in child friendly justice.

Amendment 615 #

Proposal for a directive
Article 22 – paragraph 1

1. Member States shall take the necessary measures to ensure that inboth in criminal and no criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.

Amendment 616 #

Proposal for a directive
Article 22 – paragraph 1 a (new)

1 a. Member States shall ensure that all investigations and proceedings involving children are conducted in alignment with child-friendly justice principles. All authorities involved in these proceedings should receive training in child-friendly justice practices. Member States shall also ensure that child victims participating in criminal proceedings are promptly provided with appropriate support and protection at every stage of the investigation and legal process, with careful consideration of the child’s views, needs, specific vulnerabilities, and concerns.

Amendment 617 #

Proposal for a directive
Article 22 – paragraph 1 a (new)

1 a. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child- friendly justice. All authorities involved in the proceedings should be trained in child friendly justice and protection and social services.

Amendment 618 #

Proposal for a directive
Article 22 – paragraph 1 b (new)

1 b. Member States shall ensure that where child victims participate in criminal proceedings, they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns.

Amendment 619 #

Proposal for a directive
Article 22 – paragraph 1 c (new)

1 c. Member States shall ensure that child victims receive need and age- appropriate information about their rights and the processes to be followed in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].

Amendment 62 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Recital 10

(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs or intimate parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .

Amendment 620 #

Proposal for a directive
Article 22 – paragraph 1 d (new)

1 d. Member States shall ensure that both criminal and non-criminal investigations and proceedings do not lead to a process of re-victimization of the child.

Amendment 621 #

Proposal for a directive
Article 22 – paragraph 1 e (new)

1 e. Member States shall take the necessary measures to ensure that children are heard and listened to with full guarantees and without age restrictions, ensuring, in any case, that this process is universally accessible in all administrative, judicial, or other proceedings related to the accreditation of violence and the reparation of victims. Member States shall take the necessary measures to prevent theoretical approaches or unscientific criteria that presume interference or adult manipulation, such as the so-called parental alienation syndrome, from being considered.

Amendment 622 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 22 – paragraph 3 – point e a (new)

(e a) the interviews and any sharing of information by the child victim should be done with the child’s consent unless the consent itself is a reason for significant risk of harm.

Amendment 623 #

Proposal for a directive
Article 22 – paragraph 3 – point f a (new)

(f a) the interviews and any sharing of information by the child victim should be done with the child’s consent unless the consent itself is a reason for significant risk of harm.

Amendment 624 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 22 – paragraph 4

4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded, with informed consent of the child victim and parent/legal guardian, when that parent/legal guardian is not involved in the crime committed, and and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Amendment 625 #

Proposal for a directive
Article 22 – paragraph 4

4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded with informed consent of the child victim and parent/legal guardian, when that parent/legal guardian is not involved in the crime committed and that such audio- visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Amendment 626 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 22 – paragraph 4

4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim ~~or, where appropriate, with a child witness~~, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Amendment 627 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 22 – paragraph 4

4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, ~~may~~shall be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Amendment 628 #

Proposal for a directive
Article 22 – paragraph 7

7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings. Member States shall ensure these measures apply to all children, including those alleged as, accused of or convicted of a crime. who are suspects or accused persons in criminal proceedings in line accordances with the safeguards set out in Directive Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Amendment 629 #

Proposal for a directive
Article 22 – paragraph 7

7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in ~~criminal court~~judicial proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s ~~age and maturity in the relevant court proceedings~~best interest, age, maturity and specific needs in the relevant investigation and judicial proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of or convicted of a crime.

Amendment 63 #

Proposal for a directive
Recital 10

(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes ~~, as well as so-called ‘paedophile manuals’~~ .

Amendment 630 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 22 – paragraph 7

7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age and maturity in the relevant court proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of, or convicted of a crime.

Amendment 631 #

Proposal for a directive
Article 22 – paragraph 7

7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in ~~criminal court~~judicial proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age and maturity in the relevant court proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of or convicted of a crime.

Amendment 632 #

Proposal for a directive
Article 22 – paragraph 7

7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s ~~age and maturity~~vulnerabilities in the relevant court proceedings, including age, maturity and mental and physical wellbeing.

Amendment 633 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 22 – paragraph 7 a (new)

7 a. Paragrapghs 3 to 7 shall apply to child witnesses who are not themselves victims.

Amendment 634 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 22 – paragraph 7 b (new)

7 b. Member States shall ensure that all protection measures devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.

Amendment 635 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 23 – title

Victim’s and survivor's right to compensation

Amendment 636 #

Proposal for a directive
Article 23 – title

Victim’s and survivor's right to compensation

Amendment 637 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 23 – title

Victim’s and survivor’s right to compensation

Amendment 638 #

Proposal for a directive
Article 23 – title

Victim’s right to claim compensation

Amendment 639 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 23 – paragraph 1

1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure clear, trauma-informed and victim- sensitive procedural rules for compensation. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14, from organisations whose staff, contractors and volunteers work in close contact with children when there has been a culpable breach of their safeguarding obligation of care towards the victim and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Amendment 64 #

Proposal for a directive
Recital 10

(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes ~~, as well as so-called ‘paedophile manuals’~~ .

Amendment 640 #

Proposal for a directive
Article 23 – paragraph 1

1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. . Member States shall ensure clear, trauma-informed and victim-sensitive procedural rules for compensation. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Amendment 641 #

Proposal for a directive
Article 23 – paragraph 1

1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Amendment 642 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 23 – paragraph 1

1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Amendment 643 #

Proposal for a directive
Article 23 – paragraph 1

1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have athe right to claim compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

Amendment 644 #

Proposal for a directive
Article 23 – paragraph 1 a (new)

1 a. Member States shall ensure that the right to reparation or mitigation of its effects is not fulfilled solely through the right to compensation, but rather through comprehensive reparation beyond economic means. Economic compensation as the only form of reparation shall not serve as a mitigating factor for the penalty.

Amendment 645 #

Proposal for a directive
Article 23 – paragraph 3 – introductory part

3. The period referred to in the first subparagraph shall be: at least 40 years from the date the victim has reached the age of majority.

Amendment 646 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 23 – paragraph 3 – point a

~~(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;~~deleted

Amendment 647 #

Proposal for a directive
Article 23 – paragraph 3 – point a

(a) at least 240 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

Amendment 648 #

Proposal for a directive
Article 23 – paragraph 3 – point a

(a) at least 230 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

Amendment 649 #

Proposal for a directive
Article 23 – paragraph 3 – point b

~~(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;~~deleted

Amendment 65 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. Research has also shown the serious medical, particularly neurological, after-effects of addiction to sensitive images and pornographic material, which is why Member States should take note of this evidence. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. Given the dangerous nature of this content, the EU and Member States must redouble their efforts to protect minors from exposure to sensitive material. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way.

Amendment 650 #

Proposal for a directive
Article 23 – paragraph 3 – point b

~~(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;~~deleted

Amendment 651 #

Proposal for a directive
Article 23 – paragraph 3 – point b

(b) at least 235 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;

Amendment 652 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 23 – paragraph 3 – point c

~~(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.~~deleted

Amendment 653 #

Proposal for a directive
Article 23 – paragraph 3 – point c

~~(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.~~deleted

Amendment 654 #

Proposal for a directive
Article 23 – paragraph 3 – point c

(c) at least 340 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.

Amendment 655 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 23 – paragraph 3 – point c a (new)

(c a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 10 years.

Amendment 656 #

Proposal for a directive
Article 23 – paragraph 3 a (new)

3 a. Member States shall ensure that when victims are not legally able to request compensation from the offender during criminal proceedings due to his/ her death, unfitness to stand trial or any other similar legal reason they are still able to request compensation during civil proceedings against any of the other liable parties mentioned in paragraph one.

Amendment 657 #

Hilde VAUTMANS, Fabienne KELLER, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 23 – paragraph 3 b (new)

3 b. Member States shall ensure that victims are able to directly request compensation during civil proceedings without previously having to initiate, participate or cooperate with criminal proceedings. Their ability to get compensation during civil proceedings should not be made conditional on their willingness to initiate or cooperate in a criminal investigation, prosecution or trial.

Amendment 658 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 24 – paragraph 1 – introductory part

Member States shall establish or appoint national authorities or equivalent entities to carry out the following activities:

Amendment 659 #

Proposal for a directive
Article 24 – paragraph 2

In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31. The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.

Amendment 66 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. The term 'realistic' should thus be used for images that, due to their sophistication or resemblance to real persons, blur the boundaries between real and fictitious situations. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.

Amendment 660 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 (new)

These national authorities may be the authorities established under Article 25 of Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse].

Amendment 661 #

Caterina CHINNICI, Hilde VAUTMANS, Veronika CIFROVÁ OSTRIHOŇOVÁ, Evin INCIR, Antonio LÓPEZ-ISTÚRIZ WHITE, Merja KYLLÖNEN, Anna STÜRGKH, François-Xavier BELLAMY

Proposal for a directive
Article 24 – paragraph 2 a (new)

The EU Centre for Child Protection, once established, shall support national authorities in carrying out the activities listed in this article.

Amendment 662 #

Proposal for a directive
Article 24 – paragraph 2 a (new)

The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.

Amendment 663 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 25 – paragraph 1

Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to tackle child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non- governmental organisations, including those operating hotlines and helplines, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation among Member States, with the EU Centre and the Commission and other EU instutions, agencies and bodies, as well as international partners.

Amendment 664 #

Proposal for a directive
Article 25 – paragraph 1

Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to tackle child sexual abuse and exploitation, both online and offlinePursuant to the provisions of Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non- governmental organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation with the EU Centre and the Commission.

Amendment 665 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Article 25 a (new)

Article 25a International Cooperation Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member State’s competent authorities, Europol, Eurojust and the EU center shall, within their respective competences and in the limits of their respective remit, cooperate with competent authorities of third countries in the fight against the criminal offences referred to in Articles 3, 4, 5, 6, 7 and 8 in full respect of fundamental rights and international law.

Amendment 666 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 26 – title

~~Measures against advertising abuse opportunities and the~~Travelling for the purpose of sexual abuse and sexual exploitation of children ~~in travel and tourism~~

Amendment 667 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 26 – paragraph 1 – introductory part

Each Member States shall take ~~appropriate measures to prevent or prohibit:~~the necessary measures to ensure that travelling to a country other than that Member State for the purpose of committing, or contributing to the commission of any of the offences referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.

Amendment 668 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 26 – paragraph 1 – point a

~~(a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8 ; an~~deleted

Amendment 669 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 26 – paragraph 1 – point b

~~(b) the organisation for others, whether or not for commercial purposes, of travel arrangements with the purpose of committing any of the offences referred to in Articles 3 , 4 and 5.~~deleted

Amendment 67 #

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation, generated by artificial intelligence or created through any other computerised means. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep- fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.

Amendment 670 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Sandro RUOTOLO

Proposal for a directive
Article 26 a (new)

Article26a Organising or otherwise facilitating travelling for the purpose of sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that any act of organisation or facilitation for others, whether or not for commercial purposes, that assists any person in travelling for the purposes of committing any offences as referred to in Articles 3 to 8, is punishable as a criminal offence when committed intentionally.

Amendment 671 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 26 b (new)

Article26b Other offences related to sexual abuse and sexual exploitation of children Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children, include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8; and; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8.

Amendment 672 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 27 – paragraph 1

1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed. This shall include channels with a low threshold of access such as helplines and online chats run by appropriately trained personnel. Member States shall equally ensure that resources and support groups are available for persons who fear that their family member might have committed any of the offences referred to in Articles 3 to 9.

Amendment 673 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 27 – paragraph 1

1. Member States shall take the necessary measures to ensure that ~~persons who fear~~individuals who have tendencies or concerns that they m~~ight~~ay commit any of the offencses referred to in Articles 3 to 9 ~~have access to dedicat~~are required to undergo specialized and effective intervention programmes or measures. These programs and measures shall be designed to ~~evaluate and prevent~~rigorously assess and minimize the risk of such offencses being committed and may include participation in monitoring and evaluation sessions as determined by the competent authorities.

Amendment 674 #

Proposal for a directive
Article 27 – paragraph 1

1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have easy access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.

Amendment 675 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 27 – paragraph 2

2. Member States shall ensure that the programmes or measures referred to in paragraph 1 are accessible without undue restrictions in line with national standards concerning healthcare, and that programmes are properly and continuously resourced.

Amendment 676 #

Proposal for a directive
Article 27 – paragraph 2 a (new)

2 a. Member States shall ensure that the competent authorities coming in contact with persons who fear that they might commit any of the offences referred to in Articles 3 to 9 are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities.

Amendment 677 #

Proposal for a directive
Article 28 – paragraph 1

1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, ~~such as~~through national action plans including education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures . Member States shall integrate sexual and affective education, digital literacy and safe online practices in school curriculums and promote them in communities.

Amendment 678 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 28 – paragraph 1

1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns, particularly for families, the main protagonists in preventing abuse and protecting victims, on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .

Amendment 679 #

Proposal for a directive
Article 28 – paragraph 1

1. TMember States shall take appropriate measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children~~, Member States shall take appropriate measures, such as~~. These measures may involve education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .

Amendment 68 #

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI generated images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.

Amendment 680 #

Geadis GEADI, Emmanouil FRAGKOS, Ivaylo VALCHEV, Georgiana TEODORESCU, Alberico GAMBINO

Proposal for a directive
Article 28 – paragraph 1 a (new)

1 a. The measures as referred to in paragraph 1 should also aim to increase knowledge of the fact that non-consensual sex is considered a criminal offence and shall promote the understanding that consent must be given voluntarily as a result of a person’s free will, mutual respect, and the right to sexual integrity and bodily autonomy. Such measures shall be adapted to the evolving capacity of the persons to whom it is addressed.

Amendment 681 #

Proposal for a directive
Article 28 – paragraph 2

2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation; they shall not engage in strategies that promote the WOKE agenda. At the same time, sex education in the schools of those Member States that implement it shall focus on informing pupils with a view to protecting them and making them aware so that they do not fall victim to sexual abuse or exploitation, and shall not distort this end, for instance to promote the WOKE agenda and other types of families other than the traditional family.

Amendment 682 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 28 – paragraph 2

2. Member States shall develop national action plan to prevent and tackle child sexual abuse and exploitation. Member States shall take appropriate actions, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material on how to identify, prevent and report child sexual abuse and exploitation, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation. Member States should integrate sexual education, digital literacy and safe online practices in school curriculum and promoted in communities.

Amendment 683 #

Proposal for a directive
Article 28 – paragraph 2

2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, ~~education and training~~material, age-appropriate sexual and emotional education programmes for ~~material~~ children, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness ~~and~~, supporting children to recognise sexual violence, understand their rights and therefore reduc~~ing~~e the risk of children, becoming victims of sexual abuse or sexual exploitation.

Amendment 684 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL, Sandro RUOTOLO

Proposal for a directive
Article 28 – paragraph 2

2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , age-appropriate sexual education focusing on the notion of consent, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.

Amendment 685 #

Proposal for a directive
Article 28 – paragraph 2

2. Member States shall take appropriate action, ~~including through the Inter~~online and offlinet, such as information and awareness-raising campaigns, research, education and training programmes or material , including digital literacy programmes, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.

Amendment 686 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 28 – paragraph 2 a (new)

2 a. Member States shall ensure the right to sexual education and safe online and offline practices, as well as the proper use of the internet and new technologies, as a requisite to identify situations of sexual violence, including abuse and sexual exploitation.

Amendment 687 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 28 – paragraph 3

3. Member States shall ~~promote~~offer regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation based on the guidelines as referred to in article 17(5). This training shall be made mandatory for the professionals referred to in article 17(3).

Amendment 688 #

Proposal for a directive
Article 28 – paragraph 3

3. Member States shall ~~promote~~ensure mandatory regular training , including in child friendly justice for all professionals~~, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitatio~~ and volunteers recruited for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, including , but not limited to judges, child protection professionals, child care, healthcare professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

Amendment 689 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 28 – paragraph 3

3. Member States shall ~~promot~~ensure regular and specialised training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, child care, healthcare professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

Amendment 69 #

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI generated images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.

Amendment 690 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI, András LÁSZLÓ

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1

Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities, with strict regard, in the latter case, for the specific nature of their activity and the national legislation applicable to religious practice.

Amendment 691 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1

Member States shall take appropriate measures to en~~hanc~~sure the prevention of child sexual abuse in all community settings and organisations whose staff and volunteers work in close contact with children, including schools, hospitals, daycare centres, social care services, sports clubs or religious communities.

Amendment 692 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1

Member States shall take appropriate measures to ~~enhance~~ the prevention of child sexual abuse in ~~community settings~~all organisations whose staff and volunteers work in close contact with children, including schools, hospitals, social care services, sports clubs or religious communities.

Amendment 693 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA, Birgit SIPPEL

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1

Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, sports clubs or religious communities.

Amendment 694 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1

Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, or sports clubs ~~or religious communities.~~

Amendment 695 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point a

(a) dedicated training and awareness raising activities for staff ~~working in such settings~~and volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender- sensitive and trauma-informed response to child sexual abuse and exploitation;

Amendment 696 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point a

(a) dedicated training and awareness raising activities for staff ~~working in such settings~~and volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender- sensitive and trauma-informed response to child sexual abuse and exploitation;

Amendment 697 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point a

(a) dedicated training and awareness raising activities for staff and volunteers working in such settings;

Amendment 698 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point b

(b) mandatory Child Safeguarding Policies explaining how to prevent and respond to child sexual abuse and exploitation, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

Amendment 699 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point b

(b) mandatory child safeguarding policies, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

Amendment 70 #

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.

Amendment 700 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c

(c) the creation of safe ~~space~~and accessible spaces, such as confidential helplines or platforms, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.

Amendment 701 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)

(c a) the creation of helplines, online chats or other channels with a low- threshold of access run by appropriately trained personnel, where children can discuss matters that are concerning to them and can be provided with advice.

Amendment 702 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)

(c a) criminal background checks for abusive behavior;

Amendment 703 #

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 3

Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities, children in contexts of migration, both unaccompanied or accompanied, or children who do not conform to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics.

Amendment 704 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, András LÁSZLÓ

Proposal for a directive
Article 28 – paragraph 4 – subparagraph 3

Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, ~~including~~especially children with mental or physical disabilities.

Amendment 705 #

Proposal for a directive
Article 28 – paragraph 5

5. The EU Centre, once established, shall proactively support Member States’ prevention efforts by: (a) inviting other Union institutions, bodies, offices and agencies, as well as relevant authorities, bodies or agencies of the Member States, to share information about prevention measures and programmes in the field of child sexual abuse and sexual exploitation whenever appropriate and at least once a year; (b) collecting information on prevention measures and programmes in the field of child sexual abuse and exploitation, including measures and programmes implemented in third countries; (c) facilitating the exchange of best practices among Member States and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.deleted

Amendment 706 #

Proposal for a directive
Article 28 – paragraph 5 – point c

(c) facilitating the exchange of best practices among Member States and third countries including by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.

Amendment 707 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS

Proposal for a directive
Article 28 – paragraph 5 – point c a (new)

(c a) issue guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual violence, regardless of criminal proceedings, to ensure the protection and safeguarding of the child’s best interests.

Amendment 708 #

Proposal for a directive
Article 28 – paragraph 5 – point c a (new)

(c a) issuing guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.

Amendment 709 #

Proposal for a directive
Article 28 – paragraph 5 – point c a (new)

(c a) issue guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.

Amendment 71 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Recital 11

(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way.Does not affect the English version.)

Amendment 710 #

Proposal for a directive
Article 28 – paragraph 5 a (new)

5 a. Member States should ensure that the actions listed in the above paragraph are evidence-based and take into account the evolving manifestations of the offences listed in the Directive, including online.

Amendment 711 #

Proposal for a directive
Article 28 – paragraph 5 a (new)

5 a. Member States should ensure that the actions listed in the above paragraph are evidence-based and take into account the evolving manifestations of the offences listed in the Directive, including online.

Amendment 712 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 29 – title

Intervention programmes or measures ~~on a voluntary basis~~ in the course of or after criminal proceedings

Amendment 713 #

Proposal for a directive
Article 29 – title

Intervention programmes or measures ~~on a voluntary basis~~ in the course of or after criminal proceedings

Amendment 714 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 29 – paragraph 3 – introductory part

3. Member States shall take the necessary measures to ensure that ~~the following persons may~~persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9, under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence have access to the intervention programmes or measures referred to in paragraph 1:.

Amendment 715 #

Proposal for a directive
Article 29 – paragraph 3 – introductory part

3. Member States shall take the necessary measures to ensure that ~~the following persons may have access to the intervention programmes or measures referred to in paragraph 1:~~

Amendment 716 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 29 – paragraph 3 – point a

(a) persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9 , under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence; andeleted

Amendment 717 #

Proposal for a directive
Article 29 – paragraph 3 – point a

(a) persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9 , under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence~~; and~~ have access to the intervention programmes or measures referred to in paragraph 1.

Amendment 718 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 29 – paragraph 3 – point b

~~(b) persons convicted of any of the offences referred to in Articles 3 to 9 .~~deleted

Amendment 719 #

Proposal for a directive
Article 29 – paragraph 3 – point b

(b) persons convicted of any of the offences referred to in Articles 3 to 9 participate in intervention programmes or measures referred to in paragraph 1.

Amendment 72 #

Proposal for a directive
Recital 12

(12) To prevent offences involving the sexual abuse of children, the ~~definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile~~Directive should include child sexual abuse instruction manuals. Child sexual abuse instruction manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised by this Directive. By lowering barriers and providing the necessary know-how, ~~they~~child sexual abuse instruction manuals contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment 720 #

Proposal for a directive
Article 29 – paragraph 3 a (new)

3 a. Member States shall take the necessary measures to ensure that persons convicted of any of the offences referred to in Articles 3 to 9 participate in intervention programmes or measures referred to in paragraph 1.

Amendment 721 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 29 – paragraph 4

4. Member States shall take the necessary measures to ensure that the persons referred to in paragraphs 3 and 4 are subject to an assessment of the danger that they present and the possible risks of repetition of any of the offences referred to in Articles 3 to 9 , with the aim of identifying appropriate intervention programmes or measures.

Amendment 722 #

Marina KALJURAND, Francisco ASSIS, Matjaž NEMEC, Evin INCIR, Cecilia STRADA

Proposal for a directive
Article 29 – paragraph 5 – point b

(b) ~~consent~~agree to their participation in the programmes or measures with full knowledge of the facts;

Amendment 723 #

Proposal for a directive
Article 29 – paragraph 5 – point c

(c) may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal, those consequences being regulated by the Member States in order to ensure that the consent given complies with Article 7 of the General Data Protection Regulation39 a. _________________ 39 a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Amendment 724 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 29 – paragraph 5 – point c

(c) may refuse ~~and, in the case of convicted persons, are made aware of the possible consequences of such a refusal.~~

Amendment 725 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 29 – paragraph 5 a (new)

5 a. Member States shall take the necessary measures to encourage alternatives to imprisonment prior to considering criminal sanctions and detention, in particular when the person convicted is under the age of 18.

Amendment 726 #

Proposal for a directive
Article 29 – paragraph 5 a (new)

5 a. When the person convicted is under the age of 18, Member States shall take the necessary measures to encourage alternatives to imprisonment prior to considering criminal sanctions and detention.

Amendment 727 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Sophie WILMÈS, Nathalie LOISEAU

Proposal for a directive
Article 30 – title

Measures against websites containing or disseminating child sexual abuse material and instructions manuals on how to sexually abuse children

Amendment 728 #

Proposal for a directive
Article 30 – title

Measures against websites containing or disseminating child sexual abuse material and instructions manuals on how to sexually abuse children

Amendment 729 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 30 – title

Measures against websites containing or disseminating child sexual abuse material or making pornographic content available to children

Amendment 73 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 12

(12) To prevent offences involving the sexual abuse of children, th~~e definition of child sexual abuse material should include~~is directive should also include child sexual abuse instruction manuals, so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised. By lowering barriers and providing the necessary know- how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment 730 #

Proposal for a directive
Article 30 – paragraph 1

1. Pursuant to the conditions laid down in Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.

Amendment 731 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 30 – paragraph 1

1. Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory. ‘Prompt removal’ means that the content must be removed within 24 hours of being notified.

Amendment 732 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 30 – paragraph 1

1. Member States shall take the necessary measures to ensure the prompt1a removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory. _________________ 1a For the purpose of paragraph 1, ‘prompt removal’ means that the content must be removed within 24 hours of being notified.

Amendment 733 #

Proposal for a directive
Article 30 – paragraph 1 a (new)

1 a. Member States shall take the necessary measures to ensure that online service providers who fail to remove the content promptly, as outlined in paragraph 1, is punishable by effective, proportionate and dissuasive sanctions, which may include criminal or non- criminal fines or other sanctions, such as listed in Article 14 (1).

Amendment 734 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 30 – paragraph 1 a (new)

1 a. Member States shall take the necessary measures to ensure that online service providers who fail to remove the content promptly, as outlined in paragraph 1, is punishable by effective, proportionate and dissuasive sanctions, which may include criminal or non- criminal fines or other sanctions, such as listed in Article 14 (1).

Amendment 735 #

Proposal for a directive
Article 30 – paragraph 1 b (new)

1 b. Member States shall require online service providers: (a) to provide information about competent national support services and reporting mechanisms; (b) to report to the competent child protection service any child victim of offences referred to in Articles 3 to 9 who they know about or suspects, in good faith, to have been committed.

Amendment 736 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 30 – paragraph 1 b (new)

1 b. Member States shall require online service providers: (a) to provide information about competent national support services and reporting mechanisms; (b) to report to the competent child protection service any child victim of offences referred to in Articles 3 to 9 who they know about or suspects, in good faith, to have been committed.

Amendment 737 #

Proposal for a directive
Article 30 – paragraph 2

2. Pursuant to the conditions laid down in Regulation (EU) ..../.... [laying down rules to prevent and combat child sexual abuse], Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

Amendment 738 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Article 30 – paragraph 2

2. Member States may take measures to promptly block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress. For the purpose of paragraph 1, ‘prompt removal’ means that the content must be blocked within 24 hours of being notified.

Amendment 739 #

Moritz KÖRNER

Proposal for a directive
Article 30 – paragraph 2

2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory while the removal of the web pages pursuant to paragraph 1 is in process. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

Amendment 74 #

Proposal for a directive
Recital 12

(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include ~~so-called ‘paedophile manuals’. P~~‘instructions manuals on how to sexually abuse children’. This instructions manuals, so-called ‘paedophile manuals’, provide advice on how to perpretate sexual violence against children, mainly on how to sexually abuse them, on how to find, groom and abuse ~~children~~them and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment 740 #

Proposal for a directive
Article 30 – paragraph 2

2. Member States may take measures to promptly1a block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress. _________________ 1a For the purpose of paragraph 1, ‘prompt removal’ means that the content must be blocked within 24 hours of being notified.

Amendment 741 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Article 30 – paragraph 2 – point 1 (new)

(1) Technological Agility in CSAM Detection Member States shall mandate the use of advanced detection technologies, including artificial intelligence (AI) and machine learning tools, to identify and prevent the distribution of child sexual abuse material in real-time. These tools shall be implemented in collaboration with information society service providers, ensuring compliance with privacy laws and data protection standards. The EU Centre shall support Member States by providing guidance on best practices in technology use for CSAM detection and reporting.

Amendment 742 #

Proposal for a directive
Article 30 – paragraph 2 a (new)

2 a. Member States may take the necessary measures to block access to online platforms and Internet providers knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child.

Amendment 743 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA

Proposal for a directive
Article 31 – paragraph 2 – point c a (new)

(c a) the number of consensual cases pursuant to Article 10 that were reported, but then not investigated or prosecuted.

Amendment 744 #

Proposal for a directive
Article 31 – paragraph 5

5. ~~The EU Centre shall support Member States~~Member States shall receive support from the EU Centre in the data gathering referred to in paragraph 2, including by promoting the development of common voluntary standards on counting units, counting rules, common disaggregations, constant or variable disaggregation, reporting formats, and on the classification of criminal offences.

Amendment 745 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Article 31 – paragraph 6

6. Member States shall transmit the statistics to the EU Centre and the Commission (Eurostat) and make the collected statistics available to the public on an annual basis. The EU Centre shall compile the statistics and make them publicly available. The statistics shall not contain personal data.

Amendment 746 #

Proposal for a directive
Article 32 – paragraph 1

The Commission shall, by [5 years after date of entry into application] and then every 5 years thereafter, submit a report to the European Parliament and the Council on the application of this Directive [in the Member States] ~~and, if appropriate,~~. The reports shall analyse, among others, Member States' efforts and their impact in the fight against child sexual abuse. If appropriate, the Commission shall propose amendments.

Amendment 75 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU, Sophie WILMÈS

Proposal for a directive
Recital 12

(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘~~paedophile manuals’. Paedophile manuals~~instruction manuals on how to sexually abuse children’. Instruction manuals on how to sexually abuse children provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know- how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment 76 #

Proposal for a directive
Recital 12

(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include ~~so-called ‘paedophile manuals’. Paedophile manuals~~'instruction manuals on how to sexually abuse children'. 'Instruction manuals on how to sexually abuse children' provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment 77 #

Proposal for a directive
Recital 12

(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know- how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of legislative harmonisation creates an uneven level of protection across the EU.

Amendment 78 #

Proposal for a directive
Recital 13

(13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be c~~riminalised~~onsidered as an aggravating circumstance of the crime and the culpability of the perpetrator.

Amendment 79 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, András LÁSZLÓ, Susanna CECCARDI

Proposal for a directive
Recital 13

(13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be ~~criminalised~~regarded as an aggravating circumstance of the offence itself.

Amendment 80 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Recital 14

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

Amendment 81 #

Proposal for a directive
Recital 14

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

Amendment 82 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Recital 15 a (new)

(15 a) In order to achieve greater protection for children online and to reinforce preventive measures, which are at the core of this Directive, exposing children to pornographic content should be criminalised. Member States should criminalise not only the intentional exposure of a child to pornographic content by an adult where the aim is to abuse the child, but also the situation where a child is exposed to pornographic content due to fact that an Internet provider or an online platform, in particular a platform primarily used for the dissemination of pornographic content to the public, has not put in place necessary measures to prevent children from accessing pornographic content online. In deciding whether an Internet provider or an online platform is accountable or liable for knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child, the intentional nature of the offence could be deduced from the absence of the robust and effective age verification measures or from non- compliance by the Internet provider or online platform with the obligations set out in Regulation (EU) 2022/20651a, in particular Article 28 and in Directive (EU) 2010/13/EU1b, in particular Articles 6a and 28b. _________________ 1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). 1b Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 83 #

François-Xavier BELLAMY, Caterina CHINNICI, Antonio LÓPEZ-ISTÚRIZ WHITE, Javier ZARZALEJOS

Proposal for a directive
Recital 15 a (new)

(15 a) For the purposes of this Directive, the expression ‘knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child’ should be understood as the absence of measures preventing children from accessing pornographic content, such as robust and effective age verification tools that are secure and respectful of the privacy of users’ data. A simple declaration of a person indicating his or her age does not amount to a robust and effective age verification tool. It should be within the discretion of Member States to set out the minimum technical requirements that are to be met by the age verification systems of online platforms primarily used for the dissemination to the public of pornographic content to the public. Member States should ensure that relevant law enforcement bodies systematically monitor whether age verification tools are in place.

Amendment 84 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 15 a (new)

(15a) In order to respect Member States' freedom in criminal matters, this directive should not directly stipulate the level of penalties applicable to each offence, but should simply establish the minimum thresholds for these penalties. Member States may thus decide to set identical or higher upper limits for penalties, and lower, identical or higher lower limits for penalties.

Amendment 85 #

Proposal for a directive
Recital 16

(16) The maximum term of imprisonment provided for in this Directive for the offences referred to therein sh~~ould apply at least~~all be applied to the most serious forms of such offences. Member States retain the discretion to extend these terms based on the severity and specific circumstances of the offence, in accordance with national judicial principles.

Amendment 86 #

Proposal for a directive
Recital 19

(19) Especially for those cases where the offences referred to in this Directive are committed with the purpose of financial gain, Member States are invited to consider providing for the possibility to impose financial ~~penaltie~~sanctions in addition to imprisonm sentence.

Amendment 87 #

Proposal for a directive
Recital 20

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

Amendment 88 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 20

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

Amendment 89 #

Proposal for a directive
Recital 20

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

Amendment 90 #

Proposal for a directive
Recital 20 a (new)

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

Amendment 91 #

Hilde VAUTMANS, Fabienne KELLER, Lucia YAR, Veronika CIFROVÁ OSTRIHOŇOVÁ, Abir AL-SAHLANI, Nathalie LOISEAU

Proposal for a directive
Recital 21

(21) Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material should be criminalised. To be criminally liable, the person should both intend to enter an online location where child sexual abuse material is available and know that such material can be found there. Penalties should not be applied to persons inadvertently accessing online locations containing child sexual abuse material . The intentional nature of the offence may notably be deduced from the fact that it is recurrent or that the offence was committed via a service in return for payment.

Amendment 92 #

Proposal for a directive
Recital 22

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

Amendment 93 #

Alexandre VARAUT, Fabrice LEGGERI, Malika SOREL, Pascale PIERA, Susanna CECCARDI

Proposal for a directive
Recital 22

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

Amendment 94 #

Proposal for a directive
Recital 22

(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child to the extent that it affects them physically, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off- line grooming’, Member States should ensure that they prosecute the perpetrators of such offences.

Amendment 95 #

Proposal for a directive
Recital 22

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

Amendment 96 #

Proposal for a directive
Recital 22

(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off- line grooming’, Member States should ensure that they ~~prosecute~~hold the perpetrators of such offences criminally liable.

Amendment 97 #

Georgiana TEODORESCU, Claudiu-Richard TÂRZIU, Şerban-Dimitrie STURDZA, Adrian-George AXINIA, Jadwiga WIŚNIEWSKA

Proposal for a directive
Recital 23

(23) In light of recent technological developments and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose~~, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications~~. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.

Amendment 98 #

Proposal for a directive
Recital 23

(23) In light of recent technological developments and, in particular, of the development artificial intelligence, and of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.

Amendment 99 #