What changed

NÁVRH LEGISLATÍVNEHO UZNESENIA EURÓPSKEHO PARLAMENTU

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

o návrhu smernice Európskeho parlamentu a Rady o boji proti sexuálnemu zneužívaniu a sexuálnemu vykorisťovaniu detí a proti materiálu obsahujúcemu sexuálne zneužívanie detí, ktorou sa nahrádza rámcové rozhodnutie Rady 2004/68/SVV (prepracované znenie)

on the proposal for a directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)

(COM(2024)0060 – C90028/2024C100028/2024 – 2024/0035(COD))

(Riadny legislatívny postup – prepracovanie)

(Ordinary legislative procedure – recast)

Európsky parlament,

The European Parliament,

– so zreteľom na návrh Komisie pre Európsky parlament a Radu (COM(2024)0060),

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0060),

– so zreteľom na článok 294 ods. 2 a článok 82 ods. 2 a článok 83 ods. 1 Zmluvy o fungovaní Európskej únie, v súlade s ktorými Komisia predložila návrh Európskemu parlamentu (C90028/2024),

– having regard to Article 294(2) and Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90028/2024),

– so zreteľom na stanovisko Výboru pre právne veci k navrhnutému právnemu základu,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– so zreteľom na článok 294 ods. 3 Zmluvy o fungovaní Európskej únie,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,

– so zreteľom na Medziinštitucionálnu dohodu z 28. novembra 2001 o systematickejšom používaní techniky prepracovania právnych aktov,

– having regard to the letter of 27 November 2024 from the Committee on Legal Affairs to the Committee on Civil Liberties, Justice and Home Affairs in accordance with Rule 113(3) of its Rules of Procedure,

– so zreteľom na list Výboru pre právne veci z dňa [...] adresovaný Výboru pre občianske slobody, spravodlivosť a vnútorné veci v súlade s článkom 110 ods. 3 rokovacieho poriadku,

– having regard to Rules 113 and 60 of its Rules of Procedure,

– so zreteľom na list z [...], zaslaný Výborom pre právne veci [predsedovi/predsedníčke] Európskeho parlamentu v súlade s článkom 110 ods. 4 rokovacieho poriadku,

– having regard to the opinion of the Committee on Women's Rights and Gender Equality,

– so zreteľom na list z [...], v ktorom [predseda/predsedníčka] Komisie vyhlasuje, že Komisia svoj návrh nevezme späť,

– having regard to the letter from the Committee on Culture and Education,

– so zreteľom na články 110, 59 a 40 rokovacieho poriadku,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0097/2025),

– so zreteľom na správu Výboru pre občianske slobody, spravodlivosť a vnútorné veci (A90000/2024),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

A. keďže podľa stanoviska konzultačnej pracovnej skupiny právnych služieb Európskeho parlamentu, Rady a Komisie návrh Komisie neobsahuje žiadne zásadné zmeny okrem tých, ktoré sú ako také označené v návrhu, a keďže, pokiaľ ide o kodifikáciu nezmenených ustanovení skorších aktov spolu s uvedenými zmenami, predmetom návrhu je iba jasná a jednoduchá kodifikácia platných aktov bez zmeny ich podstaty;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

1. prijíma nasledujúcu pozíciu v prvom čítaní, pričom berie do úvahy odporúčania konzultačnej pracovnej skupiny právnych služieb Európskeho parlamentu, Rady a Komisie;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

2. žiada Komisiu, aby mu vec znovu predložila, ak nahrádza, podstatne mení alebo má v úmysle podstatne zmeniť svoj návrh;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

3. poveruje svoju predsedníčku, aby postúpila túto pozíciu Rade, Komisii a národným parlamentom.

Recital 9 a (new): (9a) Children are increasingly active online from a young age, and the available evidence indicates that boys and girls appear to be vulnerable in different ways. While girls are disproportionately vulnerable to cyber violence, including online harassment, sexual extortion, sexual harm, and exploitation, boys are more likely to experience financial sexual coercion and are less attuned to online risks compared to girls. Studies show that one in 10 women has faced gender-based cyber violence since age 15, and 58 % of girls report online harassment. LGBTIQ+ children face even higher risks. Non-consensual image distribution and the trading of child sexual abuse materials further reinforce harmful gender stereotypes and inequalities. At least two-thirds of child sexual abuse and exploitation victims are girls. Therefore, rather than indiscriminately using the same interventions to target all children, tailored, gender-sensitive interventions should be developed to prevent and combat online child sexual abuse, ensuring digital platforms implement robust protections aligned with fundamental rights and recent legislation on violence against women, including cyber violence.

Pozmeňujúci návrh 1

Recital 10: (10) Child sexual abuse material, regardless of the method of their creation, including by using artificial intelligence, 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 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 ‘instructions manuals’ intended to provide advice, guidance or instructions on how to generate, distribute or acquire child sexual abuse material and how to commit child sexual abuse, child sexual exploitation or child solicitation.

Návrh smernice

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, pseudophotographs and videos as generated by artificial intelligence or created through any other computerised means 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 representations generated “by whatever means” and the reference to ‘reproductions and representations’ "regardless of the method of their creation or manipulation" 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.

Odôvodnenie 10

Recital 12: (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include instructions on how to sexually abuse or exploit children, regardless of the form in which such instructions are provided. Those instructions, including in the form of manuals, provide advice on how to find, groom and abuse children and avoid being identified and prosecuted or give guidance on how to generate, distribute or acquire child sexual abuse material. Digital models or prompts enabling the creation of AI-generated child sexual abuse material should also be regarded as instructions on how to sexually abuse or exploit children and therefore fall under the definition of child sexual abuse material. 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 instructions. The lack of harmonisation creates an uneven level of protection across the EU.

Pozmeňujúci návrh 2

Recital 12 a (new): (12a) The absence of consent forms part of the constitutive elements of some of the offences set out in this Directive. Therefore, the introduction of a definition of consent is deemed indispensable for ensuring the proper implementation of this Directive.

Návrh smernice

Recital 12 b (new): (12b) The rights set out in this Directive are without prejudice to the rights of the offender. The term ‘offender’ refers to a person who has been convicted of a crime. However, for the purposes of this Directive, it also refers to a suspected or accused person before any acknowledgement of guilt or conviction, and it is without prejudice to the presumption of innocence.

Odôvodnenie 11

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 should ensure that technology-facilitated offences are covered by the same penalties as other offences, as the seriousness and trauma resulting from those offences is equivalent.

Pozmeňujúci návrh 3

Recital 15: (15) Serious forms of sexual abuse and sexual exploitation of children should be subject to effective, proportionate and dissuasive penalties. This includes, in particular, various forms of sexual abuse and sexual exploitation of children which are facilitated by the use of information and communication technology, such as the online solicitation of children for sexual purposes via social networking websites and chat rooms. The definition of child sexual abuse material should also be clarified and brought closer to that contained in international instruments. More broadly, the terminology used in this Directive should be brought into line with recognised international standards such as the Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse adopted by the Interagency Working Group in Luxembourg on 28 January 2016. Furthermore, to enhance the efficient implementation of this Directive, Member States should harmonise and modernise the language used in their national law to align it with the language used in this Directive. As a crucial initial measure, that involves replacing the term 'child pornography' with 'child sexual abuse material’.

Návrh smernice

Recital 15 a (new): (15a) In order to achieve greater protection for children online and to reinforce preventive measures, also the intentional conduct of exposing children to pornographic content, for sexual purposes, should be criminalised.

Odôvodnenie 12

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.

Pozmeňujúci návrh 4

Recital 20 a (new): (20a) 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. That 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 those organisations can lawfully undertake, as well as of the relevant conditions. Member States should be able to provide a legal framework for those 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 legal framework is necessary as it increases 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.

Návrh smernice

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 taking place in both the real and virtual world. This increased access to children has led to the rapid growth of phenomena such as sexual extorsion. Sexual extorsion 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, affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extorsion 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 …

Odôvodnenie 22

Recital 23: (23) In light of recent technological developments and, in particular, of the development of artificial intelligence, and of augmented, extended and virtual reality settings, there is an urgent need to address more effectively the solicitation of children and to carry out periodic evaluations of the legal framework: the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts, exchanges or meetings taking place in real or virtual worlds including 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.

Pozmeňujúci návrh 5

Recital 23 a (new): (23a) Artificial Intelligence systems are being used to sexually abuse children in a number of ways, including by using images of real children to create child sexual abuse material, or by using voices of real children in such material. This results in the victimisation of real children, which may include survivors of prior child sexual abuse. The use of technology also enables offenders to disguise their identity and more effectively groom and abuse children online, for example through grooming automation techniques. To tackle those phenomena, the acquisition or possession, distribution, dissemination or transmission, the creation or adaptation of such tools designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material should be criminalised

Návrh smernice

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. 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. 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 the age of consent should not be interpreted in a way which limit…

Odôvodnenie 24

Recital 25: (25) Member States should provide for aggravating circumstances in their national law in accordance with the applicable rules established by their legal systems on aggravating circumstances. The age of the victim, treatments aimed at changing a person’s sexual orientation or gender identity (so-called “conversion therapy”) and the fact that the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union should be taken into account as an aggravating circumstance. They should ensure that those aggravating circumstances are available for judges to consider when sentencing offenders, although there is no obligation on judges to apply those aggravating circumstances. The aggravating circumstances should not be provided for in Member States’ law when irrelevant taking into account the nature of the specific offence. The relevance of the various aggravating circumstances provided for in this Directive should be evaluated at national level for each of the offences referred to in this Directive.

Pozmeňujúci návrh 6

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, medicines and alcohol, or any substance that could compromise one’s free will. Individuals in a state of incapacity cannot give informed and voluntary consent, making any sexual act under such circumstances inherently non-consensual.

Návrh smernice

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 recognise the abuse for what it was and to 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 are abolished.

Odôvodnenie 25

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.

Pozmeňujúci návrh 7

Recital 34 a (new): (34a) All professionals, whether staff or contractuals, and volunteers in close contact with children should undergo mandatory training to recognise abuses and the steps to be taken to ensure the safety of a child. That training should focus on what constitutes online and offline child sexual abuse, help recognising indicators of abuse such as physical injuries, emotional distress, behavioural changes, and help identifying available reporting procedures.

Návrh smernice

Recital 34 b (new): (34b) Member States should ensure that existing and new reporting mechanisms, including through information and communication technologies, are easily accessible, safe, child-appropriate, confidential, and free of charge. Third-party reporting should be offered as an option to victims to facilitate their access to justice, in particular when they fear repercussions in case they reported the crime in person or when they face other barriers to contacting the competent authorities directly. Adequate resources and staff should be made available to ensure correct support and care, and reporting mechanisms should be inserted within specialised interagency structures to combat child sexual abuse.

Odôvodnenie 36

Recital 35: (35) Rules on jurisdiction should be amended to ensure that sexual abusers or sexual exploiters of children from the Union face prosecution even if they commit their crimes outside the Union, in particular via so-called sex tourism. The sexual exploitation of children in travel or 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 and partake in offences as described in this Directive. Where the sexual exploitation of children in travel or 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 sexual exploitation of children abroad. 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 or tourism .

Pozmeňujúci návrh 8

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 victim-oriented principles and put in place age-appropriate and multi-disciplinary child-protection systems to provide effective care and legal support to child victims, although it does not require the Member States to implement 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 obligatio…

Návrh smernice

Recital 36 a (new): (36a) It is essential for Member States to establish multidisciplinary structures to integrate expertise from law enforcement, child protection agencies, healthcare professionals, educators and mental health specialists. Those structures should be tailored to addressing the complexities of online exploitation and should encompass swift and coordinated responses to identify, investigate and prosecute offenders while safeguarding the well-being of victims. Those structures, which should be based on the Barnahus model, should be supported by the extensive training, education and professional development of staff and should facilitate the establishment of physical support centres. They should enable victims to receive treatment and participate in criminal proceedings available in one place without the risk of repeated re-traumatisation. Those structures are the most efficient approach for supporting child victims of abuse due to their holistic, child-centred, and multidisciplinary nature. Promoting the standards of the Barnahus model is essential for ensuring the well-being and rights of child victims. To ensure better reporting, Member States should be encouraged to diversify reporting mechanisms, taking into account the diverse and evolving manifestations of the crimes and the child’s needs and specific vulnerabilities.

Odôvodnenie 40

Recital 37: (37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims and survivors irrespective of whether they have filed a formal complaint. Survivors should be understood as 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. 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, including the staff at helplines . 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.

Pozmeňujúci návrh 9

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. 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. The victims' right to compensation should not be subject to a limit…

Návrh smernice

Recital 40: (40) The EU Centre 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. Laying down those rules and establishing the EU Centre without undue delay is of paramount importance in order to streamline and enhance the multiple efforts to prevent and combat child sexual abuse across the Union. 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…

Odôvodnenie 40 a (nové)

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 or 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 or 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 or tourism 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 .

Pozmeňujúci návrh 10

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, volunteers, carers, teachers, educators, child protection professionals, social and foster care professionals, trainers coaches, legal professionals, family court judges, front-line police officers, healthcare professionals, religious community leaders and society at large, and research and education programmes including sexual education. 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 as well as children who are particularly vulnerable, including children with mental, intellectual, sensory 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 . Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by a…

Návrh smernice

Recital 43 a (new): (43a) Member States should ensure that law enforcement authorities investigate without undue delay attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.

Odôvodnenie 43 a (nové)

Recital 45: deleted

Pozmeňujúci návrh 11

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…

Návrh smernice

Recital 52: (52) For information not or not yet available in the European Criminal Records Information System (ECRIS) 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.

Článok 3 – odsek 4 – pododsek 1 a (nový)

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 if committed 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.

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Article 2 – paragraph 1 – point 2 a (new): (2 a) “consent” means any indication of agreement to a sexual activity given voluntarily and clearly, and in an informed and unambiguous manner, by a child above the age of sexual consent, as a result of that child’s free will, assessed in the context of the surrounding circumstances;

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Article 2 – paragraph 1 – point 3 – point a: (a) any material that depicts a child engaged in real or simulated sexually explicit conduct;

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Article 2 – paragraph 1 – point 3 – point b: (b) any representation, by whatever means, of the intimate parts of a child for primarily sexual purposes;

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Article 2 – paragraph 1 – point 3 – point c: (c) any material that depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the intimate parts of any person appearing to be a child, for primarily sexual purposes;

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Article 2 – paragraph 1 – point 3 – point d: (d) any realistic images, pseudophotographs, reproductions or representations of a child engaged in sexually explicit conduct or of the intimate parts of a child, for primarily sexual purposes, regardless of the method of creation or manipulation, including by using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

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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 any of the offences referred to in Articles 3 to 8b, including any instruction for artificial intelligence systems;

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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;

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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:

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Article 2 – paragraph 1 – point 5 – point a: (a) a child engaged in real or simulated sexually explicit acts or conduct; or

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Article 2 – paragraph 1 – point 5 – point b: (b) the intimate parts of a child for primarily sexual purposes;

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Article 2 – paragraph 1 – point 8: (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity.

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Article 3 – title: Offences concerning child sexual abuse

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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.

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Article 3 – paragraph 2: 2. 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 activities, including by exposing that child to pornographic content, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

Článok 6 – odsek 1 – písmeno a

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.

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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 10 years. / The types of conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 10 years where the child is above the age of sexual consent and does not consent.

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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 12 years; or

Článok 6 – odsek 3 – pododsek 1

Article 3 – paragraph 5 – point b: (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental, intellectual, sensory or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 12 years; or

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Article 3 – paragraph 5 – point c: (c) use is made of coercion, force, physical or psychological violence, blackmail or other threats shall be punishable by a maximum term of imprisonment of at least 14 years;

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Article 3 – paragraph 6: 6. Coercing, forcing or threatening a child into sexual activities with a third party or with themselves shall be punishable by a maximum term of imprisonment of at least 14 years.

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Article 3 – paragraph 7 – introductory part: 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 16 years:

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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.

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Article 3 – paragraph 8: 8. The types of conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 16 years where the child is above the age of sexual consent and does not consent.

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Article 3 – paragraph 9 – introductory part: 9. For the purpose of paragraphs 2, 3, 4 and 8, Member States shall ensure that:

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Article 3 – paragraph 9 – point a: (a) a non-consensual act is understood as an act which is performed without the child’s consent, 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, surprise, freezing, illness or bodily injury;

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Article 3 – paragraph 9 – point c: (c) the absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past or present sexual conduct or by any past or present relationship with an offender.

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Article 4 – title: Offences concerning child sexual exploitation

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Article 4 – paragraph 1: 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7a is punishable.

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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 6 years.

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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 9 years.

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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 3 years.

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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 12 years.

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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 14 years.

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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 12 years.

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Article 4 – paragraph 7 a (new): 7 a. Coercing or forcing a child to share material representing that child’s intimate parts without that child’s consent in order to obtain money, child sexual abuse material or any other benefit shall be punishable by a maximum term of imprisonment of at least 8 years.

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Article 5 – paragraph 2: 2. Acquisition or possession of child sexual abuse material, including the possession of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 2 years. / Acquisition or possession of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year.

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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 2 years.

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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 4 years. / Distribution, dissemination or transmission of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years.

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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 4 years.

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Article 5 – paragraph 6: 6. Production of child sexual abuse material, including the production of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 8 years. / Creation or adaptation of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation shall be punishable by a maximum term of imprisonment of at least 3 years.

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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 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.

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Article 5 – paragraph 7 – subparagraph 2: These conditions 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.

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Article 5 – paragraph 8 – introductory part: 8. Member States shall provide a legal framework for the organisations acting acting in the public interest against child sexual abuse referred to in paragraph 7 and ensure that the authorisations received by such organisations from the competent authorities of a Member State, allow all of the following activities:

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Article 5 – paragraph 8 – point a: a. receiving and analysing reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse;

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Article 5 – paragraph 8 – point b: b. promptly notifying the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;

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Article 5 – paragraph 8 – point c: c. collaborating with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted

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Article 5 – paragraph 8 – point d: d. carrying out searches on publicly accessible material on hosting services to detect the dissemination of child sexual abuse material, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim.

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Article 5 – paragraph 8 – point d a (new): d a. cooperating directly with providers of information society services established in the Member State in which the organisations acting in the public interest against child sexual abuse are established, in notice and action mechanisms, including removal or disabling of access to content and in notifications of suspicions of criminal offences under Regulation (EU) 2022/2065 of the European Parliament and of the Council, with authorisation from the competent national law enforcement authority.

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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), Article 4 and Article 5(6), where that proposal was followed by material acts that could lead to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year; / .

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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 1 year.

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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 2 years where use is made of coercion, force or threats.

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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 is punishable by a maximum term of imprisonment of at least 3 years.

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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 6 years where use is made of coercion, force or threats.

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Article 7 – title: Solicitation to commit sexual abuse or exploitation, including live streaming

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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), including live streaming, is punishable by a maximum term of imprisonment of at least 5 years.

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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.

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Article 8 a (new): Article8a / Travelling for the purpose of sexual abuse and sexual exploitation of children / Member States shall take the necessary measures to ensure that travelling to a country other than that Member States for the purpose of committing, or contributing to the commission of, any of the offences referred to in Article 3 to 8b is punishable as a criminal act when committed intentionally.

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Article 8 b (new): Article8b / Other offences related to sexual abuse and sexual exploitation of children / Member States shall take the necessary measures to ensure that offences related to sexual abuse and sexual exploitation of children include the following intentional acts: (a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8a; (b) extortion with a view to committing one of the offences listed in Articles 3 to 8; and (c) drawing up or using false administrative documents with a view to committing one of the offences referred to in Articles 3 to 8a.

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Article 9 – paragraph 1: 1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8b is punishable.

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Article 9 – paragraph 2: 2. Member States shall take the necessary measures to ensure that an attempt to commit any of the offences referred to in Article 3(4), (5) , (6), (7) and (8), Article 4(2), (3), (5), (6) and (7), Article 5(4), (5) and (6) , Article 7 and Article 8b is punishable.

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Article 10 – paragraph 1: 1. Member States shall ensure that, in the context of Article 3(2), (4) and (7), an exemption from criminalisation is provided for consensual sexual activities between peers, provided that there is no abuse of trust or dependency between the peers.

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Article 10 – paragraph 2: 2. Member States shall ensure that, in the context of Article 4(4) an exemption from criminalisation is provided for performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers, in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.

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Article 10 – paragraph 3 – subparagraph 1 – introductory part: Member States shall ensure that, in the context of Article 5(2), (3), (4) and (6), an exemption from criminalisation is provided for the production, acquisition or possession of, or access to, material which exclusively involves:

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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, provided that there is no abuse of trust or dependency between the peers.

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Article 10 – paragraph 4: 4. Member States shall ensure that, in the context of Article 6 an exemption from criminalisation is provided for to proposals, conversations, contacts or exchanges between peers, provided that there is no abuse of trust or dependency between the peers.

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Article 10 – paragraph 5 – subparagraph 1: For the purpose of paragraphs 1 to 4 of this Article, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily and clearly and in an informed and unambiguous manner, as the result of the free will of the child assessed in the context of the surrounding circumstances, as defined in Article 2, point (2a). A child above the age of sexual consent shall not be considered to have consented where the child was unable to form free will due to the presence of the circumstances referred to Article 3(5) or due to other circumstances, including the child’s physical or mental condition, such as a state of unconsciousness, sleep, intoxication, surprise, freezing, illness or bodily injury.

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Article 10 – paragraph 5 – subparagraph 3: The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct or by any past or present relationship with an offender.

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Article 10 – paragraph 6: 6. Consensual sharing of one’s intimate images, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image, video or similar material, including in a manipulated or altered version. Any subsequent sharing or dissemination, whether by the original recipient or any other party, shall require explicit, informed consent from the individual depicted. / Consent can be withdrawn at any moment.

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Article 11 – paragraph 1 – point a: (a) the offence was committed against a child in any particularly vulnerable situation, such as against a child of a young age, a child with a mental, intellectual, sensory or physical disability, deprived of liberty or whose liberty is restricted, in a situation of dependence or in a state of physical or mental incapacity;

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Article 11 – paragraph 1 – point h a (new): (h a) the offender posed as a minor or a peer;

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Article 11 – paragraph 1 – point j a (new): (j a) the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union.

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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 or facilitating direct and regular contacts with children.

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Article 12 – paragraph 2: 2. Member States shall take the necessary measures to ensure that employers, when recruiting a person for professional or organised voluntary activities involving direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting or contracting staff, consultants and volunteers, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.

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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.

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Article 14 – title: Penalties for legal persons

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Article 14 – paragraph 1 – introductory part: 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 13 is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties, such as:

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

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

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

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

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Article 16 – title: Investigation and prosecution

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Article 16 – paragraph 2 – subparagraph 1: deleted

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

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Article 16 – paragraph 2 – subparagraph 2 – point a: deleted

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Article 16 – paragraph 2 – subparagraph 2 – point b: deleted

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Article 16 – paragraph 2 – subparagraph 2 – point c: deleted

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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, those tools shall include special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations, the use of so called 'honeypots', the interception of communications, covert surveillance including electronic surveillance and the monitoring of bank accounts or other financial investigations in accordance with national law.

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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 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.

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Article 16 a (new): Article 16a / Limitation periods / Member States shall take the necessary measures to ensure that no limitation period applies to the offences referred to in Article 3 to 9.

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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 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].

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Article 17 – paragraph 3: 3. Member States shall ensure that at least all professionals and volunteers working in close contact with children, including in the child protection, education, sport, childcare and health care sectors, as well as legal professionals, teachers and educators, family court judges and front-line police officers are informed and trained to recognise child sexual abuse. / The professionals and volunteers referred to in the first subparagraph are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.

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Article 17 – paragraph 4: 4. Member States shall exempt professionals active in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

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Article 17 – paragraph 4 a (new): 4 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender-sensitive reporting mechanisms. Member States shall ensure that those reporting mechanisms are adequately resourced, including in terms of funding and staffing

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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 free of charge, safely and in an easy, confidential, and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

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Article 18 – paragraph 1 a (new): 1 a. Member States shall take the necessary measures to ensure the possibility of third-party reporting, including by making use of the reporting mechanism referred to in paragraph 1.

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Article 18 – paragraph 2: 2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure that reporting is not conditional upon parental consent and that appropriate information about reporting procedures and support services is provided. / Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender-sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that those reporting mechanisms are adequately resourced, including in terms of funding and staffing

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Article 18 – paragraph 2 a (new): 2 a. Member States shall ensure that age-appropriate multidisciplinary interagency structures are established to address child sexual abuse, including where such abuse is facilitated by means of information and communication technology. Member States shall encourage and support, including financially, other reporting mechanisms, in particular: / (a) the development of dedicated helplines and hotlines, including but not limited to the ‘116 000’ number; / (b) the appointment of well-being officers who are specifically trained to receive, assess and report suspicions of child sexual abuse and exploitation. / Member States shall ensure that reporting systems as referred to in the second subparagraph are fully integrated into national child protection systems and that they are adequately resourced, including in terms of funding and staffing. / Such structures shall be without prejudice to any existing systems in Member States.

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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, as well as from using them for the purpose of carrying out return procedures.

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

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

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

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

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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 provide victims of offences referred to in Articles 3 to 9 with easily accessible referral centres, that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence, in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Those centres shall provide trauma-sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations that may be provided in these centres or by referral to specialised centres or units. Member States shall ensure coordination between the referral…

Návrh smernice

Article 21 – paragraph 2: 2. Member States shall ensure that accessible, child-friendly, comprehensive, specialised, coordinated, need- and age-appropriate, medical care, including access to sexual and reproductive healthcare services, emotional, psychosocial, psychological, legal and educational and administrative support is provided to victims and their families, as well as any other appropriate support tailored in particular to situations of sexual abuse, with special attention to the long-term recovery of the victims. Such support shall be available in one place, based on the “Barnahus” model.

Článok 28 – odsek 4 – pododsek 1

Article 21 – paragraph 2 a (new): 2 a. The services referred to in paragraphs 1 and 2 shall be available free of charge, and shall be accessible every day of the week, without prejudice to those services that are provided for under the national healthcare system. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2, across the Member State.

Pozmeňujúci návrh 47

Article 21 – paragraph 3: 3. Where necessary, Member States shall ensure that children are provided with interim accommodation. Children shall, as a priority, be placed with other family members, taking into account their best interest, where necessary in temporary or permanent housing, equipped with support services.

Návrh smernice

Article 21 – paragraph 4: 4. Member States shall ensure that victims of offences punishable under this Directive have access to the referral centres established under Article 26 of Directive […/…/EU Proposed violence against women Directive]26 .

Článok 28 – odsek 4 – pododsek 2 – písmeno a

Article 21 – paragraph 7: 7. Child victims of any of the offences referred to in Articles 3 to 9 shall be considered as particularly vulnerable victims within the meaning of Article 22(2) of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] .

Pozmeňujúci návrh 48

Article 21 – paragraph 9 – introductory part: 9. Member States' efforts on assistance to victims shall be proactively supported by the EU Centre, once established by:

Návrh smernice

Article 22 – title: Protection of children in criminal investigations and proceedings

Článok 28 – odsek 4 – pododsek 2 – písmeno b

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 shall be trained in child-friendly justice.

Pozmeňujúci návrh 49

Article 22 – paragraph 3 – point a: (a) interviews with the child victim or, where applicable, with a child witness, take place without unjustified delay after the facts have been reported to the competent authorities;

Návrh smernice

Article 22 – paragraph 3 – point b: (b) interviews with the child victim or, where applicable, with a child witness, take place in premises designed or adapted for this purpose;

Článok 28 – odsek 5 – písmeno c

Article 22 – paragraph 3 – point c: (c) interviews with the child victim or, where applicable, with a child witness, are carried out by or through professionals trained for this purpose;

Pozmeňujúci návrh 50

Article 22 – paragraph 3 – point d: (d) the same persons, if possible and where appropriate, conduct all interviews with the child victim or, where applicable, with a child witness;

Návrh smernice

Article 22 – paragraph 3 – point f: (f) the child victim or, where applicable, with a child witness, may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.

Článok 28 – odsek 5 – písmeno c a (nové)

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 applicable, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Pozmeňujúci návrh 51

Article 22 – paragraph 5 – point b: (b) the child victim or, where applicable, a child witness, be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.

Návrh smernice

Article 22 – paragraph 6: 6. Member States shall take the necessary measures, where in the interest of child victims or, where applicable, a child witness, and taking into account other overriding interests, to protect the privacy, identity and image of child victims, and of a child witnesses and to prevent the public dissemination of any information that could lead to their identification.

Článok 31 – odsek 1

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 vulnerabilities in the relevant court proceedings, including those related to the child’s age, maturity and mental and physical wellbeing. Member States shall ensure this applies to all children, including those suspected, accused of, or convicted of a crime.

DÔVODOVÁ SPRÁVA

Article 23 – paragraph 2: 2. In addition to their rights under Article 16a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], victims shall be allowed to request compensation in the context of criminal and civil proceedings for any damage caused to them by any of the offences punishable under this Directive. Member States shall ensure that no limitation period applies to the victim’s right to compensation.

Šírenie materiálu obsahujúceho sexuálne zneužívanie detí sa za posledné desaťročie exponenciálne zvýšilo. Zvýšená prítomnosť detí na internete a najnovší technologický vývoj pôsobili ako katalyzátor tohto nárastu. Digitálne nástroje a siete, ako je živé vysielanie, virtuálne svety a vysoko falošné snímky, vytvorili pre páchateľov nové príležitosti na vytváranie a distribúciu materiálu a zároveň na skrývanie svojej identity a vyhýbanie sa vyšetrovaniu a stíhaniu. Tento vývoj podčiarkujú alarmujúce štatistiky. Národné centrum pre nezvestné a vykorisťované deti (NCMEC), nezisková organizácia so sídlom v Spojených štátoch, zaznamenalo nárast celosvetových oznámení sexuálneho vykorisťovania detí online z 1 milióna v roku 2010 na viac ako 21,7 milióna v roku 2020. Údaje sa počas pandémie zvýšili na rekordnú úroveň 29,3 milióna oznámení v roku 2021, čo zahŕňalo takmer 85 miliónov obrázkov a videí. V roku 2022 dosiahol počet oznámení viac ako 32 miliónov, pričom NCMEC identifikovalo 49 000 naliehavých oznámení týkajúcich sa dieťaťa v bezprostrednom ohrození.

Article 23 – paragraph 3: deleted / (deleted) / (deleted) / (deleted)

Navrhované prepracované znenie smernice o predchádzaní sexuálnemu zneužívaniu detí a boji proti nemu predstavuje kľúčový krok vpred pri systematickom riešení tejto ohavnej trestnej činnosti v rámci Európskej únie. Rozšírenie a objasnenie vymedzenia materiálu obsahujúceho sexuálne zneužívanie detí s cieľom zahrnúť obrázky vytvorené umelou inteligenciou a inštruktážne príručky na sexuálne zneužívanie detí predstavuje veľmi potrebný krok vpred. Cieľom tohto návrhu správy je zlepšiť a posilniť tento veľmi vítaný návrh smernice. Medzi kľúčové aspekty potrebné na účinné vykonávanie smernice patrí:

Article 23 – paragraph 3 – point a: deleted

Je nevyhnutné, aby sa táto smernica úzko zosúladila s príslušným nariadením, ktorým sa stanovujú pravidlá predchádzania sexuálnemu zneužívaniu detí a boja proti nemu. Súčasné nadobudnutie účinnosti oboch nástrojov je nevyhnutné pre súdržné a komplexné opatrenia proti sexuálnemu zneužívaniu detí. Napríklad nové centrum EÚ, ktoré sa má zriadiť na základe pripravovaného nariadenia, je takisto kľúčové pre vykonávanie tejto smernice, pričom zdôrazňuje vzájomnú závislosť týchto legislatívnych opatrení.

Article 23 – paragraph 3 – point b: deleted

Ďalší dôraz sa musí klásť na posilnenie cezhraničnej spolupráce medzi všetkými príslušnými zainteresovanými stranami. Posilnená spolupráca medzi príslušnými vnútroštátnymi orgánmi, Eurojustom, Europolom a centrom EÚ má zásadný význam pre účinný boj proti sexuálnemu zneužívaniu detí.

Article 23 – paragraph 3 – point c: deleted

Okrem toho je potrebné posilniť vyšetrovanie kontaktovania detí a zohľadniť duševné a fyzické podmienky detí.

Article 24 – paragraph 1 – introductory part: Member States shall establish or appoint national authorities or equivalent entities to carry out the following activities:

Ďalej je potrebné predĺžiť premlčacie lehoty, aby sa zabezpečilo stíhanie všetkých trestných činov a aby sa obetiam poskytol čas, aby sa prihlásili.

Article 24 – paragraph 2: In carrying out the activities listed in paragraph 1, Member States shall be supported by the EU Centre, once established.

Okrem toho je potrebné systematicky zlepšovať spoluprácu medzi orgánmi presadzovania práva a mimovládnymi organizáciami pôsobiacimi v tejto oblasti. Na rýchlejšie a efektívnejšie obmedzenie šírenia materiálu obsahujúceho sexuálne zneužívanie detí v našom digitálnom svete je nevyhnutné poskytnúť právny rámec pre prácu horúcich liniek a iných organizácií pôsobiacich vo verejnom záujme a umožniť im začať postupy oznamovania a odstraňovania obsahu priamo s poskytovateľmi služieb.

Article 25 – paragraph 1: Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation to develop and implement measures to combat child sexual abuse and exploitation, both online and offline, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as providers of information society services, non-governmental organisations, including those operating hotlines and helplines, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities. These mechanisms shall also ensure effective coordination and cooperation among Member States, with the EU Centre and the Commission and other Union agencies and bodies.

Cieľom smernice je zabezpečiť, aby všetky členské štáty dodržiavali zásady stanovené v modeli Barnahus vrátane komplexného a na deti zameraného prístupu k vyšetrovaniam a podpore obetí. Prístup zameraný na deti by mal zahŕňať aj ľahko dostupné spôsoby, ako môžu obete oznámiť trestné činy bez toho, aby bolo potrebné formálne trestné oznámenie, keďže trestné oznámenie môže obete odradiť od toho, aby konali.

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 States’ competent authorities, Europol, Eurojust and the EU Centre shall, within their respective competences and in the limits of their respective remit, cooperate with competent authorities of third countries in the fight against the criminal offences referred to in Articles 3 to 8b.

Takisto je dôležité považovať vek obete za priťažujúcu okolnosť a zabezpečiť, aby sa sankcie za znásilnenie detí neznižovali preto, že obeť dosiahla vek spôsobilosti dať súhlas k sexuálnym aktivitám.

Article 26: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Okrem toho je potrebné aktualizovať terminológiu v súlade s usmerneniami, ktoré stanovila medziagentúrna pracovná skupina v Luxemburgu v roku 2016, čím sa zabezpečí jasnosť a konzistentnosť právnych rámcov.

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 and anonymous access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed as well as to accessible, easy-to-use, safe and readily available channels such as helplines and online chats, operated by appropriately trained personnel. / Member States shall take the necessary measures to ensure that resources and support groups are available for persons who fear that their family member might commit any of the offences referred to in Articles 3 to 9.

V návrhu správy sa napokon zdôrazňuje potreba podporiť a posilniť mechanizmy oznamovania, uľahčiť oznamovanie prípadov sexuálneho zneužívania detí a zabezpečiť rýchle a účinné opatrenia proti páchateľom.

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.

Na záver možno konštatovať, že navrhované zmeny uvedené v tomto návrhu správy majú zásadný význam pre posilnenie úsilia EÚ o predchádzanie sexuálnemu zneužívaniu detí a boj proti nemu, ochranu práv a blaha detí v celej Únii.

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 on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures. Member States shall develop a communication strategy, national action plans, and promote dialogue and cooperation with civil society organisations, hotlines, helplines, public authorities and relevant informations society services.

Article 28 – paragraph 1 a (new): 1 a. The measures referred to in paragraph 1 shall also aim to increase knowledge of the fact that non-consensual sex is a criminal offence and to promote the understanding that consent must be given voluntarily as a result of a person’s free will, mutual respect, and the right to sexual integrity and bodily autonomy. Such measures shall be adapted to the evolving capacity of the persons to whom they are addressed.

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, including on digital literacy, on age-appropriate sexual education focusing on the notion of consent, on safe online and offline practices, as well as on the proper use of the internet and new technologies, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.

Article 28 – paragraph 3: 3. Member States shall ensure regular and specialised training , including in child friendly justice is promoted or offered to professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including, but not limited to, child protection professionals, legal professionals, teachers staff in child care, healthcare professionals, educators, volunteers and coaches, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse or potential abuse or sexual exploitation, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.

Article 28 – paragraph 4 – subparagraph 1: Member States shall take appropriate measures to ensure the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, day care, sports clubs or religious communities by equipping children and adults, including parents and educators, with adequate skills for detecting potential malicious behaviour. / The measure shall include:

Article 28 – paragraph 4 – subparagraph 2 – point a: (a) dedicated training and awareness raising activities for staff, consultants and volunteers working in close contact with children, including on how to prevent, identify and provide an age-appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

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

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

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

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, intellectual, sensory or physical disabilities.

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

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

Article 28 – paragraph 5 – point c a (new): (c a) supporting the development of national awareness-raising and prevention campaigns, educational and intervention programmes, tools and materials.

Article 28 – paragraph 5 a (new): 5 a. Member States shall ensure that the actions listed in paragraph 5 are evidence-based and that those actions take into account the evolving manifestations of the offences listed in the Directive, including online.

Article 29 – paragraph 5 – point b: (b) agree to their participation in the programmes or measures with full knowledge of the facts;

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.

Article 31 – paragraph 1: 1. Member States shall have a system in place for recording, production and provision of anonymised statistical data on the reporting, investigative and judicial stages in relation to the criminal offences referred to in Articles 3 to 9 in order to monitor the effectiveness of their measures to combat the sexual abuse and sexual exploitation of children.

Article 31 – paragraph 2 – introductory part: 2. The statistics shall include the following data disaggregated by sex, gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

Article 31 – paragraph 2 – point b: (b) the annual number of offences reported, of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;

EXPLANATORY STATEMENT

The dissemination of child sexual abuse material has exponentially grown over the last decade. The increased online presence of children and the latest technological developments have acted as catalysts for this surge. Digital tools and networks such as livestreaming, virtual worlds, and deep-fake images have created new opportunities for offenders to generate and distribute material while hiding their identities and evading investigation and prosecution. These developments are underscored by alarming statistics. The National Center for Missing and Exploited Children (NCMEC), a United States-based non-profit organization, witnessed a surge in worldwide reports of online child sexual exploitation from 1 million in 2010 to over 21.7 million in 2020. The figures skyrocketed to a record high of 29.3 million reports in 2021 during the pandemic, involving nearly 85 million images and videos. In 2022, the number of reports reached over 32 million, with NCMEC identifying 49,000 urgent reports involving a child in imminent danger.

The proposed recast of the directive on preventing and combating child sexual abuse represents a crucial step forward in addressing this heinous crime systematically within the European Union. The expansion and clarification of the definition of child sexual abuse material, to include AI-generated images and instruction manuals on how to sexually abuse children, represents a much-needed step forward. This draft report aims to improve and strengthen this highly welcomed proposal for a Directive. Key aspects necessary for the effective implementation of the directive include the following:

 It is imperative that this directive be closely aligned with the corresponding regulation laying down rules to prevent and combat child sexual abuse. The simultaneous entry into force of both instruments is essential for cohesive and comprehensive action against child sexual abuse. For instance, the new EU Centre, which is to be established by the pending regulation, is also pivotal for the implementation of this directive, underscoring the interdependence of these legislative measures.

 Another focus needs to be on enhancing cross-border cooperation among all relevant stakeholders. Strengthened collaboration between competent national authorities, Eurojust, Europol, and the EU Centre is essential in combating child sexual abuse effectively.

 Moreover, investigations into the solicitation of children need to be strengthened, and the mental and physical conditions of children must be taken into account.

 In addition to this, the limitation periods need to be extended to ensure prosecution of all crimes and give victims time to come forward.

 Furthermore, there is a need to systematically improve cooperation between law enforcement and NGOs working in this field. Providing a legal framework for the work of hotlines and other organizations working in the public interest, and allowing them to initiate notice and takedown procedures directly with service providers, is crucial to limit the dissemination of child sexual abuse material in our digital world in a quicker and more efficient way.

 The Directive aims to ensure that all Member States uphold the principles prescribed by the Barnahus model, involving a comprehensive and child-centred approach to investigations and victim support. A child-centred approach should also encompass easily accessible avenues for victims to report crimes without necessitating a formal criminal complaint, as the latter may deter victims from taking action.

 It is also important to consider the age of the victim as an aggravating circumstance and to ensure that penalties for child rape are not reduced because the victim happened to be over the age of sexual consent.

 Additionally, the terminology needs to be updated in accordance with guidelines set out by the interagency working group in Luxembourg in 2016, ensuring clarity and consistency in legal frameworks.

 Finally, the draft report emphasizes the need to support and enhance reporting mechanisms, facilitating the reporting of child sexual abuse cases and ensuring swift and effective action against perpetrators.

In conclusion, the proposed amendments outlined in this draft report are crucial for bolstering the EU's efforts to prevent and combat child sexual abuse, safeguarding the rights and well-being of children across the Union.