Sittings · Document
Draft report (COM(2024)0060 – C9-0028/2024 – 2024/0035(COD)) 2024-11-14
Combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)
Committee on Civil Liberties, Justice and Home Affairs
Amendment 52
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, András László, Susanna Ceccardi
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
| (2) Sexual abuse and sexual exploitation of children, including child sexual abuse material , constitute serious violations of fundamental rights, in particular of the rights of children to the protection and care necessary for their well-being, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union2. | (2) Sexual abuse and sexual exploitation of children, including child sexual abuse material, are barbaric acts that cause huge suffering to victims. They shock and outrage society by targeting the most innocent and vulnerable in its midst, who represent its future. From a legal perspective, they constitute serious violations of fundamental rights, in particular of the rights of children to the protection and care necessary for their well-being, as provided for by the 1989 United Nations Convention on the Rights of the Child and by the Charter of Fundamental Rights of the European Union2. |
| _________________ | _________________ |
| 2 OJ C 364, 18.12.2000, p. 1. | 2 OJ C 364, 18.12.2000, p. 1. |
Or. fr
Justification
It is important to focus, above all, on the reality of the victims of crime, rather than on a legal personality, which cannot suffer by its very nature, as if it were the real victim.
Amendment 53
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Child sexual abuse material and other particularly serious forms of sexual abuse and sexual exploitation of children are increasing and spreading through the use of new technologies and the Internet. | (4) Child sexual abuse material, generated by artificial intelligence or created through any other computerised means, and other particularly serious forms of sexual abuse and sexual exploitation of children are increasing and spreading through the use of new technologies and the Internet. |
Or. ro
Amendment 54
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
| (6 a) Pursuant to the Convention on the Rights of the Child, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, the best interests of the child is a primary consideration when taking measures which aim to protect children from being exposed to pornographic content. |
Or. en
Amendment 55
Francisco Assis
Proposal for a directive
Recital 7
| Text proposed by the Commission | Amendment |
| (7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child. | (7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains comprehensive and effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union, the Council of Europe Strategy on the Rights of the Child, the United Nations Declaration of the Rights of the Child and the United Nations Convention on the Rights of the Child. |
Or. en
Amendment 56
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Recital 7
| Text proposed by the Commission | Amendment |
| (7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains effective . The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child. | (7) Serious criminal offences such as the sexual exploitation of children and sexual abuse material, generated by artificial intelligence or created through any other computerised means, require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon , including its recent and foreseeable evolutions and trends, increasingly involving the use of online technologies. For that purpose, the current legal framework needs to be updated, in order to ensure it remains effective. The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child. |
Or. ro
Amendment 57
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Recital 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) The risk that children could be exposed to pornographic content, such as cyber-grooming, sexual solicitation, online child abuse and exploitation, and the detrimental impact such exposure has on the physical, psychological and emotional development of a child has already led certain Member States to amend their criminal law to explicitly criminalise the dissemination of pornographic content to children. The lack of harmonisation in that regard creates an uneven level of protection across the Union and difficulties in law-enforcement. It is important that children are protected equally across the Union. |
Or. en
Amendment 58
Isabel Serra Sánchez
Proposal for a directive
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9 a) This Directive should address the need to combat unreported child sexual abuse and exploitation, which represents the majority of cases. The starting point must be the recognition that violence against children often occurs in intimate and family settings, making it difficult to identify and report, and is further exacerbated by the spread of these crimes through new technologies. This highlights the need for legislation that protects, supports, and provides comprehensive redress for victims and survivors, regardless of the existence of criminal proceedings. An adequate institutional framework is essential to guarantee children's rights. In this regard, the Directive must provide a legal framework to establish harmonised mechanisms in the phases of prevention, identification, protection, reporting and reparation to ensure a comprehensive and effective response to these offences. |
Or. en
Amendment 59
Paolo Inselvini
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . | (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes, as well as so-called ‘paedophile manuals’. Children with cognitive disabilities, who are particularly vulnerable to sexual exploitation and abuse, and exposed to explicit content, should be afforded particular attention. The Member States should introduce targeted protective measures and support services for children with cognitive disabilities, recognising their specific risk factors and need for specialised assistance. |
Or. it
Amendment 60
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . | (10) Child sexual abuse material, including that generated by artificial intelligence or created by any computerised means, frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, of their sexual organs or private parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, including those generated by artificial intelligence or created through any other computerised means, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes, as well as so-called ‘paedophile manuals’. |
Or. ro
Amendment 61
Isabel Serra Sánchez
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . | (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as instructions manuals on how to sexually abuse children (so-called ‘paedophile manuals’). |
Or. en
Amendment 62
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . | (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs or intimate parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . |
Or. en
Justification
Consistency with other amendments.
Amendment 63
Sebastian Tynkkynen
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . | (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes. |
Or. en
Justification
Manuals providing instructions on how to commit child sexual abuse (’paedophile manuals’) should be in a separate provision instead of being part of the definition of child sexual abuse. This accounts for the inherent differences in the illicit material and avoids unforeseen consequences for other legal acts relying on the definition of child sexual abuse material in the CSA Directive. The manuals themselves are not CSAM and should not be treated as such, even though producing or distributing them is criminalised. Also it is important to clarify that the criminalisation of "providing advice on how to find, groom and abuse children and avoid being identified and prosecuted" should not cover general advice on privacy, anonymity online and avoid surveillance which are essential for the protection of basic human rights of individual citizens.
Amendment 64
Saskia Bricmont
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ . | (10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes. |
Or. en
Justification
Manuals providing instructions on how to commit child sexual abuse (’paedophile manuals’) should be in a separate provision instead of being part of the definition of “child sexual abuse”. This accounts for the inherent differences in the illicit material and avoids unforeseen consequences for other legal acts relying on the definition of child sexual abuse material in the CSA Directive (e.g. detection order in the proposal for a Regulation laying down rules to prevent and combat Child Sexual Abuse).
Amendment 65
Paolo Inselvini
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. Research has also shown the serious medical, particularly neurological, after-effects of addiction to sensitive images and pornographic material, which is why Member States should take note of this evidence. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. Given the dangerous nature of this content, the EU and Member States must redouble their efforts to protect minors from exposure to sensitive material. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. |
Or. it
Amendment 66
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. The term 'realistic' should thus be used for images that, due to their sophistication or resemblance to real persons, blur the boundaries between real and fictitious situations. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. |
Or. fr
Amendment 67
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation, generated by artificial intelligence or created through any other computerised means. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. |
Or. ro
Amendment 68
Verena Mertens
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI generated images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. |
Or. en
Amendment 69
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI generated images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. |
Or. en
Amendment 70
Isabel Serra Sánchez
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. |
Or. en
Amendment 71
Francisco Assis
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re-victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way. | (Does not affect the English version.) |
Or. pt
Amendment 72
Sebastian Tynkkynen
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. | (12) To prevent offences involving the sexual abuse of children, the Directive should include child sexual abuse instruction manuals. Child sexual abuse instruction manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised by this Directive. By lowering barriers and providing the necessary know-how, child sexual abuse instruction manuals contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. |
Or. en
Justification
Manuals providing instructions on how to commit child sexual abuse (’paedophile manuals’) should be in a separate provision instead of being part of the definition of child sexual abuse. This accounts for the inherent differences in the illicit material and avoids unforeseen consequences for other legal acts relying on the definition of child sexual abuse material in the CSA Directive. The manuals themselves are not CSAM and should not be treated as such, even though producing or distributing them is criminalized. Also it is important to clarify that the criminalisation of "providing advice on how to find, groom and abuse children and avoid being identified and prosecuted" should not cover general advice on privacy, anonymity online and avoid surveillance which are essential for protection of basic human rights of individual citizens.
Amendment 73
Saskia Bricmont
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. | (12) To prevent offences involving the sexual abuse of children, this directive should also include child sexual abuse instruction manuals, so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. |
Or. en
Justification
To clarify that general advice on privacy, anonymity online and how to avoid surveillance should continue to be regarded as perfectly legitimate and legal, in line with the Charter.
Amendment 74
Isabel Serra Sánchez
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. | (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include ‘instructions manuals on how to sexually abuse children’. This instructions manuals, so-called ‘paedophile manuals’, provide advice on how to perpretate sexual violence against children, mainly on how to sexually abuse them, on how to find, groom and abuse them and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. |
Or. en
Amendment 75
Verena Mertens
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. | (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘instruction manuals on how to sexually abuse children’. Instruction manuals on how to sexually abuse children provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. |
Or. en
Amendment 76
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. | (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include 'instruction manuals on how to sexually abuse children'. 'Instruction manuals on how to sexually abuse children' provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. |
Or. en
Amendment 77
Francisco Assis
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU. | (12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should include so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of legislative harmonisation creates an uneven level of protection across the EU. |
Or. en
Amendment 78
Francisco Assis
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
| (13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be criminalised. | (13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be considered as an aggravating circumstance of the crime and the culpability of the perpetrator. |
Or. pt
Amendment 79
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, András László, Susanna Ceccardi
Proposal for a directive
Recital 13
| Text proposed by the Commission | Amendment |
| (13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be criminalised. | (13) Disability, by itself, does not automatically constitute an impossibility to consent to sexual relations. However, the abuse of the existence of such a disability in order to engage in sexual activities with a child should be regarded as an aggravating circumstance of the offence itself. |
Or. fr
Justification
This is not a stand-alone offence, but an offence already deemed to have been committed in a particular situation.
Amendment 80
Verena Mertens
Proposal for a directive
Recital 14
| Text proposed by the Commission | Amendment |
| (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. | (14) In adopting legislation on substantive criminal law, the Union should ensure consistency of such legislation in particular with regard to the level of penalties. This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments. This directive must ensure that technology-facilitated committed offences are covered by the same penalties as other offences, as the seriousness and trauma resulting from those offences is equivalent. |
Or. en
Amendment 81
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Recital 14
| Text proposed by the Commission | Amendment |
| (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. | (14) In adopting legislation on substantive criminal law, the Union should ensure consistency of such legislation in particular with regard to the level of penalties. This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments. The Directive must however ensure that technology-facilitated offences committed are covered by the same penalties as other offences, the seriousness and trauma resulting from them being equivalent. |
Or. en
Amendment 82
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
| (15 a) In order to achieve greater protection for children online and to reinforce preventive measures, which are at the core of this Directive, exposing children to pornographic content should be criminalised. Member States should criminalise not only the intentional exposure of a child to pornographic content by an adult where the aim is to abuse the child, but also the situation where a child is exposed to pornographic content due to fact that an Internet provider or an online platform, in particular a platform primarily used for the dissemination of pornographic content to the public, has not put in place necessary measures to prevent children from accessing pornographic content online. In deciding whether an Internet provider or an online platform is accountable or liable for knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child, the intentional nature of the offence could be deduced from the absence of the robust and effective age verification measures or from non-compliance by the Internet provider or online platform with the obligations set out in Regulation (EU) 2022/20651a, in particular Article 28 and in Directive (EU) 2010/13/EU1b, in particular Articles 6a and 28b. | |
| _________________ | |
| 1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). | |
| 1b Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). |
Or. en
Amendment 83
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
| (15 a) For the purposes of this Directive, the expression ‘knowingly disseminating pornographic content online in such a way that it is likely to be accessed by a child’ should be understood as the absence of measures preventing children from accessing pornographic content, such as robust and effective age verification tools that are secure and respectful of the privacy of users’ data. A simple declaration of a person indicating his or her age does not amount to a robust and effective age verification tool. It should be within the discretion of Member States to set out the minimum technical requirements that are to be met by the age verification systems of online platforms primarily used for the dissemination to the public of pornographic content to the public. Member States should ensure that relevant law enforcement bodies systematically monitor whether age verification tools are in place. |
Or. en
Amendment 84
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
| (15a) In order to respect Member States' freedom in criminal matters, this directive should not directly stipulate the level of penalties applicable to each offence, but should simply establish the minimum thresholds for these penalties. Member States may thus decide to set identical or higher upper limits for penalties, and lower, identical or higher lower limits for penalties. |
Or. fr
Justification
Clarification of the concept of 'maximum term of imprisonment of at least X years', which would mean little to the general public.
Amendment 85
Milan Uhrík
Proposal for a directive
Recital 16
| Text proposed by the Commission | Amendment |
| (16) The maximum term of imprisonment provided for in this Directive for the offences referred to therein should apply at least to the most serious forms of such offences. | (16) The maximum term of imprisonment provided for in this Directive for the offences referred to therein shall be applied to the most serious forms of such offences. Member States retain the discretion to extend these terms based on the severity and specific circumstances of the offence, in accordance with national judicial principles. |
Or. en
Amendment 86
Francisco Assis
Proposal for a directive
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Especially for those cases where the offences referred to in this Directive are committed with the purpose of financial gain, Member States are invited to consider providing for the possibility to impose financial penalties in addition to imprisonment. | (19) Especially for those cases where the offences referred to in this Directive are committed with the purpose of financial gain, Member States are invited to consider providing for the possibility to impose financial sanctions in addition to prison sentence. |
Or. en
Amendment 87
Isabel Serra Sánchez
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
| (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, submitted to them by online users or other organisations acting in the public interest against child sexual abuse, as well as carrying out searches to detect the dissemination of child sexual abuse material . Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. . | (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime, or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, whether is downloaded by the organisations or submitted to them by online users or other organisations acting in the public interest against child sexual abuse in order to be reviewed and analysed or to facilitate the removal from the internet, as well as carrying out searches to detect the dissemination of child sexual abuse material . Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. . |
Or. en
Amendment 88
Jeroen Lenaers
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
| (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, submitted to them by online users or other organisations acting in the public interest against child sexual abuse, as well as carrying out searches to detect the dissemination of child sexual abuse material . Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. . | (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. |
Or. en
Amendment 89
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
| (20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, submitted to them by online users or other organisations acting in the public interest against child sexual abuse, as well as carrying out searches to detect the dissemination of child sexual abuse material . Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. . | (20) In the context of child sexual abuse material, the term 'not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, submitted to them by online users or other organisations acting in the public interest against child sexual abuse, as well as carrying out searches to detect the dissemination of child sexual abuse material. Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. |
Or. fr
Justification
Typographical correction to the quotation marks in the first sentence ('not be considered to be committed without right').
Amendment 90
Jeroen Lenaers
Proposal for a directive
Recital 20 a (new)
| Text proposed by the Commission | Amendment |
| (20 a) Organisations acting in the public interest on the fight against child sexual abuse, such as the members of the INHOPE network of hotlines, have been active for years in several Member States, cooperating with law enforcement and providers to facilitate the process of removal and reporting of online child sexual abuse material. This work combats re-victimisation by limiting the spread of illegal material online, and can provide evidence to law enforcement of crimes committed. However, the legal framework in which they operate differs considerably from one Member State to another and is, in many cases, lacking in terms of the identification of the tasks that these organisations can lawfully undertake, as well as of the relevant conditions. Member States should be able to provide an authorisation for these organisations to carry out relevant tasks, and in particular the processing of child sexual abuse material, in which case the processing should not be considered to be “without right”. Such authorisations are encouraged as they increase legal certainty, maximise synergies between national authorities and other actors involved in the fight against child sexual abuse, and support victims’ rights by removing child sexual abuse material from the public digital sphere. |
Or. en
Amendment 91
Francisco Assis
Proposal for a directive
Recital 21
| Text proposed by the Commission | Amendment |
| (21) Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material should be criminalised. To be liable, the person should both intend to enter an online location where child sexual abuse material is available and know that such material can be found there. Penalties should not be applied to persons inadvertently accessing online locations containing child sexual abuse material . The intentional nature of the offence may notably be deduced from the fact that it is recurrent or that the offence was committed via a service in return for payment. | (21) Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material should be criminalised. To be criminally liable, the person should both intend to enter an online location where child sexual abuse material is available and know that such material can be found there. Penalties should not be applied to persons inadvertently accessing online locations containing child sexual abuse material . The intentional nature of the offence may notably be deduced from the fact that it is recurrent or that the offence was committed via a service in return for payment. |
Or. en
Amendment 92
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
| (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. | (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States should criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. |
Or. en
Amendment 93
Verena Mertens
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
| (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. | (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sexual extortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child for sexual purposes outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States should criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. |
Or. en
Amendment 94
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
| (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. | (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child to the extent that it affects them physically, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. |
Or. fr
Justification
To distinguish between the offence and the attempt, it is important to retain the criterion of a physical effect on the child. This can of course mean a meeting with the offender but, in order to prevent this meeting from happening, it can also be a change in the child's physical environment that causes them to go somewhere, to be in the presence of the perpetrator without there necessarily being any contact, to leave the care of their guardians, or even to have accessories at the planned meeting place.
Amendment 95
Isabel Serra Sánchez
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
| (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. | (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sexual extortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated ‘sexual extortion’ by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. |
Or. en
Amendment 96
Francisco Assis
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
| (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences. | (22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sextortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they hold the perpetrators of such offences criminally liable. |
Or. pt
Amendment 97
Saskia Bricmont
Proposal for a directive
Recital 23
| Text proposed by the Commission | Amendment |
| (23) In light of recent technological developments and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments. | (23) In light of recent technological developments and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments. |
Or. en
Justification
There is no basis for this expectation. It rather seems that large language models have reached a plateau from which they cannot evolve much further with only more computing power or data.
Amendment 98
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Recital 23
| Text proposed by the Commission | Amendment |
| (23) In light of recent technological developments and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments. | (23) In light of recent technological developments and, in particular, of the development artificial intelligence, and of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments. |
Or. ro
Amendment 99
Saskia Bricmont
Proposal for a directive
Recital 23 a (new)
| Text proposed by the Commission | Amendment |
| (23 a) Some information society services are intentionally operated with the main purpose of facilitating child sexual abuse or sexual exploitation offences. This should be established from the context of and motivation for offering the service, for example that the operator of the service is making explicit that the purpose of the service is to facilitate child sexual abuse or sexual exploitation or that the service is specifically created for that purpose. The operator of such services cannot rely on the exemptions from liability provided for by Regulation (EU) 2022/2065 (the Digital Service Act (DSA)). The fact alone that a service offers encrypted transmissions or any other system that makes the identification of the user impossible should not in itself qualify as facilitating illegal activities. |
Or. en
Justification
The Commission proposal does not contain a recital for Article 8. In the Explanatory Memorandum, there is an unclear reference to ‘role played by the dark web’ which creates legal uncertainty about the scope of Article 8. The wording above is adapted from recital 20 of the DSA which clarifies that information society services operated with the main purpose of facilitating illegal activities should not benefit from the liability exemptions of the DSA.
Amendment 100
Sebastian Tynkkynen
Proposal for a directive
Recital 23 a (new)
| Text proposed by the Commission | Amendment |
| (23 a) Some information society services are intentionally operated with the main purpose of facilitating child sexual abuse or sexual exploitation offences. This should be established from the context of and motivation for offering the service, for example that the operator of the service is advertising it to facilitate child sexual abuse or sexual exploitation or that the service is specifically created for that purpose. The operator of such services cannot rely on the exemptions from liability provided for by Regulation (EU) 2022/2065 (the DSA). Merely offering encrypted transmissions or making the identification of the user impossible should not in itself qualify as facilitating illegal activities. |
Or. en
Justification
To avoid legal uncertainty Article 8 should be accompanied by a recital clarifying what is meant by “an online service for the purpose of child sexual abuse or sexual exploitation”.
Amendment 101
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). | (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. Among others, the United Nations Committee on the Rights of the Child and the Lanzarote Committee have stated that consensual activities between peers who are close in age, maturity and development for consensual and non-exploitative sexual activity should not be criminalised provided that there is no element of coercion, abuse of trust or dependency between the them. Accordingly, Member States should protect children from criminalisation for consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). This means that only consensual activities between peers who are close in age, maturity and development should be protected from criminalisation. The provisions related to age of consent should not be interpreted in limiting in any manner the criminalisation of child sexual abuse and exploitation of children who have reached and are above the age of consent as no child can consent to their sexual abuse. |
Or. en
Amendment 102
Isabel Serra Sánchez
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). | (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. However, in accordance with the recommendations of the United Nations on the Committee on the Rights of the Child and the Lanzarote Committee, Member States shall exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). The provisions related to age of consent should not be interpreted in limiting in any manner the criminalisation of child sexual abuse and exploitation of children who have reached and are above the age of consent as no child can consent to their sexual abuse and therefore to sexual violence. |
Or. en
Amendment 103
Georgiana Teodorescu, Jadwiga Wiśniewska
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). | (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The sexual exploitation of children, including through prostitution and pornography, regardless of their age, must be criminalised. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). |
Or. ro
Amendment 104
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). | (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). To this end, the age difference between peers above the age of sexual consent should be limited to 3 years. |
Or. fr
Amendment 105
Francisco Assis
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). | (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different social, cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). |
Or. en
Amendment 106
Saskia Bricmont
Proposal for a directive
Recital 24
| Text proposed by the Commission | Amendment |
| (24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). | (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 exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). |
Or. en
Amendment 107
Sophie Wilmès, Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Lucia Yar
Proposal for a directive
Recital 26
| Text proposed by the Commission | Amendment |
| (26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs and alcohol. | (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. |
Or. fr
Amendment 108
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. | (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Due to children’s specific vulnerabilities and developmental limitations, they may not fully grasp that what occurred was abusive, especially if the abuser was a trusted adult. It may take reaching adulthood for survivors to develop the emotional maturity to recognize the abuse for what it was and understand its long-term effects. Trauma can cause victims to repress or block out the memories as a protective measure for years. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations are abolished. Therefore, the minimum standards provided in the Directive should be interpreted as a first step towards abolition |
Or. en
Amendment 109
Isabel Serra Sánchez
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. | (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. In addition, most cases of sexual abuse against children come from family members or people within the inner circle of the child, with the consequences this has for the prolonged duration of the abuse, the above-mentionned stigma and the ease with which perpetrators can access the child. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. |
Or. en
Amendment 110
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. | (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time, without prejudice to Member States' ability to establish an even longer statute of limitations. |
Or. fr
Amendment 111
András László
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. | (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if the statute of limitations for the crime committed does not expire. |
Or. hu
Justification
We can never be strict enough when it comes to child protection, and therefore any criminal sexual offence committed against children is to be subject to the most severe punishment.
Amendment 112
Francisco Assis
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time. | (Does not affect the English version.) |
Or. pt
Amendment 113
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Recital 31 a (new)
| Text proposed by the Commission | Amendment |
| (31 a) At least two-thirds of victims of child sexual abuse and exploitation are girls; Crimes in the area of sexual abuse and sexual exploitation of children against girls are forms of violence against women as per article 2.a of Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, which shall be applicable. Consequently, when implementing the Directive at hand, a gender sensitive approach shall be applied. |
Or. en
Justification
Source: National Center for Missing & Exploited Children https://search.app/cn3ep8LfJG2JKCvw9
Amendment 114
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera
Proposal for a directive
Recital 32
| Text proposed by the Commission | Amendment |
| (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. | (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. It is essential, however, to ensure that the authorities responsible for investigating and prosecuting these offences do not, in this context, engage in actions that would themselves be offences, such as incitement, abetting or providing instructions explaining how to make contact with children, or conduct that could alter the material and intentional aspects of the offence, and thus risk jeopardising the outcome of prosecutions. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. |
Or. fr
Justification
Undercover techniques and 'honeypots' are tools that involve the police and judiciary in the stages prior to the commission of an offence or attempt to commit an offence, and can thus be detrimental to the image of those authorities. Given that these situations can be highly unpredictable, they could result in criminal consequences for the officers responsible or dilute the criminal liability of the perpetrators. It is therefore important to set clear limits on the use of these tools.
Amendment 115
Sebastian Tynkkynen
Proposal for a directive
Recital 32
| Text proposed by the Commission | Amendment |
| (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. | (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. Cross-border investigations must respect the principle of territoriality and be conducted in accordance with the national law of the Member States where the investigation takes place. Specifically, cross-border investigations must not weaken domestic human rights guarantees. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. |
Or. en
Justification
Law enforcement authorities should not have the possibility to distribute child sexual abuse material. Cross-border investigations must respect the principle of territoriality and be conducted in accordance with the national law of the Member States where the investigation takes place. Specifically, cross-border investigations must not weaken domestic human rights guarantees.
Amendment 116
Saskia Bricmont
Proposal for a directive
Recital 32
| Text proposed by the Commission | Amendment |
| (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. | (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. |
Or. en
Justification
While this may be foreseen by national law, we would avoid making it a possibility at EU level.
Amendment 117
Francisco Assis
Proposal for a directive
Recital 32
| Text proposed by the Commission | Amendment |
| (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. | (32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross-border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate with each other and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions. |
Or. pt
Amendment 118
Sophie Wilmès, Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Lucia Yar
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
| (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. 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. | (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. |
Or. fr
Amendment 119
Paolo Inselvini
Proposal for a directive
Recital 34
| Text proposed by the Commission | Amendment |
| (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. 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. | (34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children and their families about the possibility to report the abuse, including to helplines. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent. |
Or. it
Amendment 120
Francisco Assis
Proposal for a directive
Recital 35
| Text proposed by the Commission | Amendment |
| (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 and tourism should be understood as the sexual exploitation of children by a person or persons who travel from their usual environment to a destination abroad where they have sexual contact with children. Where the sexual exploitation of children in travel and tourism takes place outside the Union, Member States are encouraged to seek to increase, through the available national and international instruments including bilateral or multilateral treaties on extradition, mutual assistance or a transfer of the proceedings, cooperation with third countries and international organisations with a view to combating sex tourism. Member States should foster open dialogue and communication with countries outside the Union in order to be able to prosecute perpetrators, under the relevant national legislation, who travel outside the Union borders for the purposes of the sexual exploitation of children in travel and tourism . | (35) Rules on jurisdiction should be amended to ensure that sexual abusers or sexual exploiters of children from the Union are held criminally liable even if they commit their crimes outside the Union, in particular via so-called sex tourism. The sexual exploitation of children in travel and tourism should be understood as the sexual exploitation of children by a person or persons who travel from their usual environment to a destination abroad where they have sexual contact with children. Where the sexual exploitation of children in travel and tourism takes place outside the Union, Member States are encouraged to seek to increase, through the available national and international instruments including bilateral or multilateral treaties on extradition, mutual assistance or a transfer of the proceedings, cooperation with third countries and international organisations with a view to combating sex tourism. Member States should foster open dialogue and communication with countries outside the Union in order to be able to prosecute perpetrators, under the relevant national legislation, who travel outside the Union borders for the purposes of the sexual exploitation of children in travel and tourism. |
Or. pt
Amendment 121
Isabel Serra Sánchez
Proposal for a directive
Recital 35 a (new)
| Text proposed by the Commission | Amendment |
| (35 a) Member States should guarantee comprehensive care for children as a subjective right, ensuring that victim and survivor reparations programs are effective and accessible. In this regard, and recognising the Barnahus model as a positive reference, Member States should commit to its financial sustainability to guarantee universality and non-discrimination in children’s access to their rights. This means that the care, support, protection, and reparations provided to children must be integrated and respect their status as full rights-holders. Only through such approaches can real and lasting protection of their rights be ensured, addressing their needs within a framework of justice that is adapted and sensitive to their overall development. |
Or. en
Amendment 122
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau, Sophie Wilmès
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
| (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. | (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 requires that all Member States uphold these principles and establish age-appropriate multidisciplinary and interagency structures to provide care and legal support to victims under one roof, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. All children who are likely to be, for whatever reason and in whatever capacity, brought into contact with criminal, civil or administrative justice systems should have easy access to child friendly justice. Child-friendly justice refers to justice systems which guarantee the respect and the effective implementation of all children’s rights at the highest attainable level and giving due consideration to the child’s level of maturity and understanding and the circumstances of the case. It is of particular importance that justice is accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child, respecting the rights of the child including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity. Child victims should have easy access to legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All professionals who come into contact with children in the justice system should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where children participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. The court should prioritize the child's right to participate meaningfully, ensuring that their views are heard and respected throughout the process. |
Or. en
Amendment 123
Isabel Serra Sánchez
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
| (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. | (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The child best interest should be interpreted by ensuring children protection and safeguarding from further harm, providing tailored and adapted support and protection of children rights throughout the entire judicial process and beyond, including the contacts with social, healthcare, educational and pyscological services. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate and tailored psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States limit themselves to the Barnahus model but to expand it and strengthen the provision of children's social services to other institutions. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. ndable to the child. |
Or. en
Amendment 124
Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
| (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. | (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles and put in place age-appropriate, multi-disciplinary and integrated child-protection systems to provide effective care and legal support to child victims, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. The child's right to be heard and to participate meaningfully should be prioritized, ensuring that their views are heard and respected throughout the process. |
Or. en
Amendment 125
Saskia Bricmont
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
| (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. | (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. |
Or. en
Amendment 126
Francisco Assis
Proposal for a directive
Recital 36
| Text proposed by the Commission | Amendment |
| (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. | (36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a legal representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child. |
Or. pt
Amendment 127
Isabel Serra Sánchez
Proposal for a directive
Recital 37
| Text proposed by the Commission | Amendment |
| (37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims. 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. | (37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims and survivors, regardless the existence of a complaint or criminal prosecution. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals and volunteers, including the staff at helplines, taking always into account the specific needs of the child. Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings. Member States should take the necessary measures to respect children's right to be heard. Child protection in this regard must be linked to family law, and their right to reparations and non-repetition, especially in environments where abuse has occurred such as the family. In cases of sexual abuse against children within the family, the perpetrator often retains rights within the environment of the abused child, which is not the case in the healthcare or school sectors. That is, when family law conflicts with the child’s right to a life free from sexual violence, the latter must take precedence. The majority of caregivers are women, whom States must support in their efforts to protect and seek justice and reparation for the sexual violence suffered by the children in their care, with particular attention to assaults committed within the family. This is especially relevant in the case of protective mothers who act with the sole purpose of protecting a child and preventing further harm and abuses in suspected cases of child sexual abuse. Cares shall be excluded from criminal persecution and be protected against civil claims directly related to protective actions. Primary carers shall not face criminal charges for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse, including but not limited to reporting suspected abuse to law enforcement or child protective services, taking temporary steps to limit or restrict contact between the child and the alleged abuser, seeking emergency custody modifications or other legal interventions to protect the child. In cases against the protective carers, the burden of proof shall lie with the claimant to demonstrate that the carer's actions were taken for reasons other than child protection. |
Or. en
Amendment 128
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
| (38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. | (38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. Survivors of child sexual abuse and exploitation designate all persons who have experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system. |
Or. en
Amendment 129
Isabel Serra Sánchez
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
| (38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. | (38) Child sexual abuse and child explotation as forms of sexual violence have profound and lasting impacts on victims and survivors, affecting their mental health, personal development, and future well-being. The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. |
Or. en
Amendment 130
Francisco Assis
Proposal for a directive
Recital 38
| Text proposed by the Commission | Amendment |
| (38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. | (38) The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term specialized assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation. |
Or. en
Amendment 131
Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Recital 39
| Text proposed by the Commission | Amendment |
| (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 . 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. | (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 in criminal and civil proceedings. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States. |
Or. en
Amendment 132
Isabel Serra Sánchez
Proposal for a directive
Recital 39 a (new)
| Text proposed by the Commission | Amendment |
| (39 a) Prevention of child sexual abuse is of paramount importance to protect children. Member States shall take protective measures to safeguard children’s physical, emotional, and psychological well-being and safeguard the fundamental rights of children to grow up in a safe environment, free from exploitation, violence and harm. Protective measures must encompass prevention, detection, intervention, support and reparation, ensuring that all aspects of a child’s safety are addressed. Preventing child sexual abuse requires collaborative efforts across sectors, including education, healthcare, judicial systems, and community services. Furthermore, empowering primary carers, particularly mothers who often serve as frontline protectors, is essential to detecting and interrupting abusive situations. |
Or. en
Amendment 133
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 40
| Text proposed by the Commission | Amendment |
| (40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16, should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. | (40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16, should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. As it is established and governed by the regulation laying down rules to prevent and combat child sexual abuse, its activities and missions should be governed by the regulation alone. However, this directive should refer to it as often as necessary in order to ensure coordination between the two legal texts. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. |
| _________________ | _________________ |
| 16 COM (2022) 209 of 11.5.2022. | 16 COM (2022) 209 of 11.5.2022. |
Or. fr
Amendment 134
Jeroen Lenaers
Proposal for a directive
Recital 40
| Text proposed by the Commission | Amendment |
| (40) The EU Centre to prevent and combat child sexual abuse (‘EU Centre’), established by Regulation […/…/EU laying down rules to prevent and combat child sexual abuse]16 , should support Member States’ prevention and assistance to victims’ efforts and obligations under this Directive. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. | (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. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve as a national contact point and should take an integrative multistakeholder approach in their work. In addition, Member States should establish the necessary mechanisms at national level to ensure effective coordination and cooperation in the development and implementation of measures to prevent and combat child sexual abuse and child sexual exploitation, both online and offline, among all relevant public and private actors, as well as facilitate cooperation with the EU Centre and the Commission. Since the EU Centre is established by Regulation [../../EU laying down rules to prevent and combat child sexual abuse], all provisions of this Directive that refer to it should apply from the date the Regulation enters into force, unless otherwise specified. |
| _________________ | _________________ |
| 16 COM (2022) 209 of 11.5.2022. | 16 COM (2022) 209 of 11.5.2022. |
Or. en
Amendment 135
Saskia Bricmont
Proposal for a directive
Recital 42
| Text proposed by the Commission | Amendment |
| (42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel and tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel and tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpose of preventing the sexual abuse and sexual exploitation of children in travel and tourism 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 . | (42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel and tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel and tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpose of preventing the sexual abuse and sexual exploitation of children in travel and tourism from, through or towards their territory, most notably by taking appropriate action upon reception of relevant information from third countries, including conducting further checks or issuing a refusal of entry in the context of the Regulation (EU) 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks17 . |
| _________________ | _________________ |
| 17 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006, OJ L 312, 7.12.2018, p. 14–55, ELI: http://data.europa.eu/eli/reg/2018/1861/oj. | 17 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006, OJ L 312, 7.12.2018, p. 14–55, ELI: http://data.europa.eu/eli/reg/2018/1861/oj. |
Or. en
Justification
This scenario should also be taken into account.
Amendment 136
Paolo Inselvini
Proposal for a directive
Recital 43
| Text proposed by the Commission | Amendment |
| (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered. | (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care. Families and parents play a crucial role in protecting the well-being of children, and are the main protagonists in combating the abuse of pornographic material, child pornography, and the prevention of child abuse. With a view to strengthening protective measures, Member States should establish accessible and well-funded support systems for families and parents, including resources for counselling, legal assistance and access to protective services, so that they can detect, report and prevent abuse. Where not already in place, the establishment of dedicated help-lines or hotlines should be considered. |
Or. it
Amendment 137
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo
Proposal for a directive
Recital 43
| Text proposed by the Commission | Amendment |
| (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered. | (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. The initiatives aimed at society at large should include campaigns that educate on how to react when confronted with the disclosure of abuse by a victim. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered. |
Or. en
Amendment 138
Saskia Bricmont
Proposal for a directive
Recital 43
| Text proposed by the Commission | Amendment |
| (43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and carers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered. | (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, carers, teachers, educators, trainers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered. |
Or. en
Justification
We believe as many people as possible that are with children on a daily basis should be trained and enabled to detect if a child is victim of CSA.
Amendment 139
Jeroen Lenaers
Proposal for a directive
Recital 45
| Text proposed by the Commission | Amendment |
| (45) Organisations acting in the public interest on the fight against child sexual abuse, such as the members of the INHOPE network of hotlines, have been active for years in several Member States, cooperating with law enforcement and providers to facilitate the process of removal and reporting of online child sexual abuse material. This work combats re-victimisation by limiting the spread of illegal material online, and can provide evidence to law enforcement of crimes committed. However, the legal framework in which they operate differs considerably from one Member State to another and is, in many cases, lacking in terms of the identification of the tasks that these organisations can lawfully undertake, as well as of the relevant conditions. Member States should be able to provide an authorisation for these organisations to carry out relevant tasks, and in particular the processing of child sexual abuse material, in which case the processing should not be considered to be “without right”. Such authorisations are encouraged as they increase legal certainty, maximise synergies between national authorities and other actors involved in the fight against child sexual abuse, and support victims’ rights by removing child sexual abuse material from the public digital sphere. | deleted |
Or. en
Amendment 140
Milan Uhrík
Proposal for a directive
Recital 50
| Text proposed by the Commission | Amendment |
| (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . | (50) Where deemed necessary by the competent authorities given the risks, convicted offenders shall be temporarily or permanently prohibited from engaging in any professional or voluntary activities involving direct and regular contact with children or activities within organizations acting in the public interest in combating child sexual abuse. Employers recruiting for positions involving direct and regular contact with children are required to request information on existing convictions for sexual offenses against children recorded in the criminal register or on existing disqualifications. For the purposes of this Directive, the term "employers" also includes individuals managing organizations involved in volunteer activities related to child care and supervision, including community environments such as schools, hospitals, social services, sports clubs, or religious communities. The method of providing such information, for instance, access via the concerned individual, as well as the precise content of the information, the definition of organized volunteer activities, and direct and regular contact with children, shall be determined in accordance with national law. Information exchanged between competent authorities must at least include all relevant records stored in the national criminal registers of each Member State, as well as all accessible records from third countries, such as information obtainable from the United Kingdom through the channel established under Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the United Kingdom. |
| _________________ | |
| 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/ojhttp://data.europa.eu/eli/agree_internation/2021/689(1)/oj. |
Or. en
Amendment 141
Saskia Bricmont
Proposal for a directive
Recital 50
| Text proposed by the Commission | Amendment |
| (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . | (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional and voluntary activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . |
| _________________ | _________________ |
| 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/ojhttp://data.europa.eu/eli/agree_internation/2021/689(1)/oj. | 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/ojhttp://data.europa.eu/eli/agree_internation/2021/689(1)/oj. |
Or. en
Justification
Mirror changes made in the operative part.
Amendment 142
Fredis Beleris
Proposal for a directive
Recital 50
| Text proposed by the Commission | Amendment |
| (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . | (50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be permanently prevented from exercising at least professional activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . |
| _________________ | _________________ |
| 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/ojhttp://data.europa.eu/eli/agree_internation/2021/689(1)/oj. | 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/ojhttp://data.europa.eu/eli/agree_internation/2021/689(1)/oj. |
Or. en
Amendment 143
Saskia Bricmont
Proposal for a directive
Recital 51
| Text proposed by the Commission | Amendment |
| (51) In the area of child sexual abuse, the phenomenon of offenders that regain access to children after a conviction or disqualification by moving to another jurisdiction is particularly widespread and worrisome. It is therefore crucial to take all necessary measures to prevent it. With due regard to the different legal traditions of the Member States, this Directive takes into account the fact that access to criminal records is allowed only either by the competent authorities or by the person concerned. This Directive does not establish an obligation to modify the national systems governing criminal records or the means of access to those records. | (51) In the area of child sexual abuse, the phenomenon of offenders that regain access to children after a conviction or disqualification by moving to another jurisdiction is worrisome. It is therefore crucial to take all necessary measures to prevent it. With due regard to the different legal traditions of the Member States, this Directive takes into account the fact that access to criminal records is allowed only either by the competent authorities or by the person concerned. This Directive does not establish an obligation to modify the national systems governing criminal records or the means of access to those records. |
Or. en
Justification
We were never presented with any facts that indicate that this is actually “widespread”. The explanatory memorandum is silent about this.
Amendment 144
Saskia Bricmont
Proposal for a directive
Recital 52
| Text proposed by the Commission | Amendment |
| (52) For information not or not yet available in 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. | (52) For information not or not yet available in the European Criminal Records Information System (ECRIS), for example information concerning offending third country nationals until the time Regulation 2019/816 of the European Parliament and of the Council20 is fully implemented, Member States should make use of other channels to provide all relevant information to employers that recruit for a post involving direct and regular contact with children. The aim of this Directive is not to harmonise rules concerning consent of the person concerned when exchanging information from the criminal registers, i.e. whether or not to require such consent. Whether the consent is required or not under national law, this Directive does not establish any new obligation to change the national law and national procedures in this respect. |
| _________________ | _________________ |
| 20 Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/816/oj. | 20 Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/816/oj. |
Or. en
Justification
We should always spell out an acronym before first using it.
Amendment 145
Isabel Serra Sánchez
Proposal for a directive
Recital 54
| Text proposed by the Commission | Amendment |
| (54) Member States should take the necessary measures to create mechanisms for data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics. The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect. | (54) It is essential to collect data and evaluate them in order to implement effective prevention and to combat child sexual abuse and explotation. There elements are key to improving the detection, response and prevention of these offences. Member States should take the necessary measures to create mechanisms for such data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics. The collection of this data should take into account situations of children that are particularly vulnerable, such as children in migration or those under the care of public authorities. The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect. |
Or. en
Amendment 146
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László
Proposal for a directive
Recital 54
| Text proposed by the Commission | Amendment |
| (54) Member States should take the necessary measures to create mechanisms for data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics. The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect. | (54) Member States should take the necessary measures to create mechanisms for data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children, building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse]. In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material, the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics that take into account, in particular, the different limits for defining criminal offences, and carry out research into the scope of a consistent definition (perpetrator and victims of specific ages or with a specific age gap) versus a variable definition (identical legal classification despite different age limits). The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect. |
Or. fr
Amendment 147
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 56
| Text proposed by the Commission | Amendment |
| (56) Child sexual abuse material is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web. Action is therefore necessary to remove the content and apprehend those guilty of making, distributing or downloading child sexual abuse material . With a view to supporting the Union’s efforts to combat child sexual abuse material , Member States should use their best endeavours to cooperate with third countries in seeking to secure the removal of such content from servers within their territory. | (56) Child sexual abuse material by its very nature does not fall within the scope of ideas or opinions whose communication and expression are protected. To combat it, it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web. Action is therefore necessary to remove the content and apprehend those guilty of making, distributing or downloading child sexual abuse material. With a view to supporting the Union’s efforts to combat child sexual abuse material, Member States should use their best endeavours to cooperate with third countries in seeking to secure the removal of such content from servers within their territory. |
Or. fr
Justification
It is essential to ensure that child pornography could not be considered to fall within the scope of freedom of expression simply as a result of its 'specific' nature.
Amendment 148
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo
Proposal for a directive
Recital 57
| Text proposed by the Commission | Amendment |
| (57) Member States’ efforts to reduce the circulation of child sexual abuse material, including by cooperating with third countries under this Directive, should not affect Regulation (EU) 2022/2065, Regulation (EU) 2021/1232 and […/…/ Regulation laying down rules to prevent and combat child sexual abuse]. Online content constituting or facilitating criminal offences referred to in this Directive will be subject to measures pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council21 as regards illegal content. | (57) Member States’ efforts to reduce the circulation of child sexual abuse material, including by cooperating with third countries under this Directive, should not affect Regulation (EU) 2022/2065, Regulation (EU) 2021/1232 and […/…/ Regulation laying down rules to prevent and combat child sexual abuse]. Online content constituting or facilitating criminal offences referred to in this Directive will be subject to measures pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council21 as regards illegal content. Member States should work towards the prohibition of the use of terminology such as ‘teen’ or ‘child’ on all websites containing pornographic material, including those where the material itself is legal and does not consist of child sexual abuse material. |
| _________________ | _________________ |
| 21 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1 | 21 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1 |
Or. en
Justification
Consistency with the aim of eradicating child sexual abuse material online since seeing this type of terminology can be a gateway to searching illegal material.
Amendment 149
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Recital 58
| Text proposed by the Commission | Amendment |
| (58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non-legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. The EU co-funded network of hotlines | deleted |
Or. fr
Justification
Although this is a legitimate point, it falls within the scope of the regulation laying down rules to prevent and combat child sexual abuse (section 5).
Amendment 150
Saskia Bricmont
Proposal for a directive
Recital 58
| Text proposed by the Commission | Amendment |
| (58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non-legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. The EU co-funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. | (58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non-legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. They should in particular not lead to the over-removal or over-blocking of legal content hosted on the same website. The EU co-funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. |
| _________________ | _________________ |
| 22 Currently under the Digital Europe Programme. | 22 Currently under the Digital Europe Programme. |
Or. en
Amendment 151
Fredis Beleris
Proposal for a directive
Recital 58
| Text proposed by the Commission | Amendment |
| (58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non-legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. The EU co-funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. | (58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms should also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non-legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. The EU co-funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. |
| _________________ | _________________ |
| 22 Currently under the Digital Europe Programme. | 22 Currently under the Digital Europe Programme. |
Or. en
Amendment 152
Francisco Assis
Proposal for a directive
Recital 60
| Text proposed by the Commission | Amendment |
| (60) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular the right to the protection of human dignity, the prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, the right to freedom of expression and information, the right to the protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. This Directive seeks to ensure full respect for those rights and principles and must be implemented accordingly. | (60) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular the right to the protection of human dignity, the prohibition of torture and inhuman or degrading abuse or punishment, the rights of the child, the right to liberty and security, the right to freedom of expression and information, the right to the protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. This Directive seeks to ensure full respect for those rights and principles and must be implemented accordingly. |
Or. pt
Amendment 153
Milan Uhrík
Proposal for a directive
Recital 63
| Text proposed by the Commission | Amendment |
| (63) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive. | (63) The obligation to transpose this Directive into national law should be limited to substantive amendments compared to the earlier Directive, ensuring Member States’ flexibility in aligning national law with the Directive’s objectives. |
Or. en
Amendment 154
Verena Mertens
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. | This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including those committed through the use of information and communication technologies. It also introduces provisions to strengthen the prevention of those criminal offences, as well as the protection, the support and redress of the victims thereof. |
Or. en
Amendment 155
Isabel Serra Sánchez
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. | This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, as forms of sexual violence and including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. |
Or. en
Amendment 156
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. | This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences, the protection support and redress of the victims and survivors thereof. |
Or. en
Amendment 157
Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. | This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. |
Or. en
Amendment 158
Milan Uhrík
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof. | This Directive aims to establish recommendations regarding to the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child pornography and solicitation of children for sexual purposes. It also aims to introduce provisions to strengthen the prevention of the crime and the protection of its victims. |
Or. en
Amendment 159
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
| Text proposed by the Commission | Amendment |
| (1 a) (2) ‘survivor’ means a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system. |
Or. en
Amendment 160
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
| Text proposed by the Commission | Amendment |
| (1 a) (2) 'survivor' means a person who has experienced sexual violence as a child, irrespective of the legal status and the recognition as a victim of a crime by the respective legal system. |
Or. en
Amendment 161
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
| Text proposed by the Commission | Amendment |
| (1 a) ‘survivor’ means a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system. |
Or. en
Amendment 162
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
| Text proposed by the Commission | Amendment |
| (1 b) ‘sexual violence against children’1a means any sexual act in which a person takes advantage of their power imbalance over a child to manipulate them and obtain sexual gratification. | |
| _________________ | |
| 1a Definition by Save the Children. |
Or. en
Amendment 163
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 2
| Text proposed by the Commission | Amendment |
| (2) ‘age of sexual consent’ means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with a child; | (2) ‘age of sexual consent’ means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with a child under all circumstances; |
Or. en
Amendment 164
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
| Text proposed by the Commission | Amendment |
| (2 a) ‘consent’ of the child above the age of sexual consent means any freely given, specific, informed and unambiguous indication of the child’s agreement to a sexual act, in the context of the surrounding circumstances; |
Or. en
Justification
Definition of consent moved here for internal logic of the text.
Amendment 165
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
| Text proposed by the Commission | Amendment |
| (a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; | (a) any material that visually depicts a child engaged in sexually explicit conduct that is real, or generated and simulated by artificial intelligence or created through any other computerised means; |
Or. ro
Amendment 166
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
| Text proposed by the Commission | Amendment |
| (a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; | (a) all forms of representation, by all means, of a child or any part of the child’s body engaged in real or simulated sexually explicit conduct; |
Or. en
Amendment 167
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
| Text proposed by the Commission | Amendment |
| (a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; | (a) any representation, by whatever means, of a child or any part of the body of a child engaged in real or simulated sexually explicit conduct; |
Or. en
Amendment 168
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
| Text proposed by the Commission | Amendment |
| (a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; | (a) any representation, by whatever means, of a child or any part of the body of a child engaged in real or simulated sexually explicit conduct; |
Or. en
Amendment 169
Jeroen Lenaers
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
| Text proposed by the Commission | Amendment |
| (a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct; | (a) any material that depicts a child engaged in real or simulated sexually explicit conduct; |
Or. en
Amendment 170
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
| Text proposed by the Commission | Amendment |
| (b) depiction of the sexual organs of a child for primarily sexual purposes; | (b) any depiction, representation, by whatever means, of the sexual parts of a child for primarily sexual purposes; |
Or. en
Amendment 171
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
| Text proposed by the Commission | Amendment |
| (b) depiction of the sexual organs of a child for primarily sexual purposes; | (b) all forms of representation, by all means, of the sexual parts of a child for primarily sexual purposes; |
Or. en
Amendment 172
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
| Text proposed by the Commission | Amendment |
| (b) depiction of the sexual organs of a child for primarily sexual purposes; | (b) Any representation, by whatever means of the sexual parts of a child for primarily sexual purposes; |
Or. en
Amendment 173
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
| Text proposed by the Commission | Amendment |
| (b) depiction of the sexual organs of a child for primarily sexual purposes; | (b) depiction of the sexual organs or intimate parts of a child for primarily sexual purposes; |
Or. en
Justification
Needed in order to cover all body parts that generally appear in child sexual abuse material.
Amendment 174
Saskia Bricmont
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
| Text proposed by the Commission | Amendment |
| (b) depiction of the sexual organs of a child for primarily sexual purposes; | (b) depiction of the organs of a child for primarily sexual purposes; |
Or. en
Justification
It could also be other organs, the main element is “for primarily sexual purposes”.
Amendment 175
Georgiana Teodorescu, Jadwiga Wiśniewska
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
| Text proposed by the Commission | Amendment |
| (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; | (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs or private parts of any person appearing to be a child, for primarily sexual purposes; |
Or. ro
Amendment 176
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
| Text proposed by the Commission | Amendment |
| (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; | (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs or intimate parts of any person appearing to be a child, for primarily sexual purposes; |
Or. en
Justification
Consistency with other amendments.
Amendment 177
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
| Text proposed by the Commission | Amendment |
| (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; | (c) all forms of representation, by all means, of any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual parts of any person appearing to be a child, for primarily sexual purposes; |
Or. en
Amendment 178
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
| Text proposed by the Commission | Amendment |
| (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; | (c) Any representation, by whatever means, of any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual parts of any person appearing to be a child, for primarily sexual purposes; |
Or. en
Amendment 179
Jeroen Lenaers
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
| Text proposed by the Commission | Amendment |
| (c) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; | (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 sexual organs of any person appearing to be a child, for primarily sexual purposes; |
Or. en
Amendment 180
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) realistic images, including those generated by artificial intelligence or created through any other computerised means, reproductions or representations of a child engaged in sexually explicit conduct, or of the sexual organs or private parts of a child, for primarily sexual purposes; |
Or. ro
Amendment 181
Loucas Fourlas
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) realistic images , pseudo-photographs, reproduction, or representation of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; regardless of the method of creation or manipulation; |
Or. en
Amendment 182
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs or intimate parts of a child, for primarily sexual purposes; |
Or. en
Justification
Consistency with other amendments.
Amendment 183
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) Any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual parts of a child, for primarily sexual purposes; |
Or. en
Amendment 184
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual parts of a child, for primarily sexual purposes; |
Or. en
Amendment 185
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) any realistic image, reproduction or representation of a child engaged in sexually explicit conduct or of the sexual parts of a child, for primarily sexual purposes; |
Or. en
Amendment 186
Saskia Bricmont
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
| Text proposed by the Commission | Amendment |
| (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes; | (d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the organs of a child, for primarily sexual purposes; |
Or. en
Justification
It could also be other organs, the main element is “for primarily sexual purposes”.
Amendment 187
András László
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d – point i (new)
| Text proposed by the Commission | Amendment |
| (i) Considering in particular: | |
| – recordings made of real persons and later manipulated; | |
| – recordings depicting artificial persons that were produced wholly artificially; and | |
| – sex dolls, robots and other devices that realistically represent children. |
Or. hu
Justification
We support the objective of the proposal, but, at the same time, the text does not express sufficiently clearly that its target is deep fake and AI-generated realistic content, and that the Directive also applies to sex dolls, robots and other devices that realistically represent children. Although the related recital does contain a reference to these, the text of the Directive should place greater emphasis on the fact that these constitute child sexual abuse material.
Amendment 188
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d a (new)
| Text proposed by the Commission | Amendment |
| (d a) any material, including audio, that describes a child engaged in real or simulated sexually explicit conduct, for primarily sexual purposes; |
Or. en
Justification
In order to cover child sexual abuse material in audio or text format.
Amendment 189
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
| Text proposed by the Commission | Amendment |
| (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; | deleted |
Or. en
Amendment 190
Saskia Bricmont
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
| Text proposed by the Commission | Amendment |
| (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; | deleted |
Or. en
Justification
Moved to para (3a) (new), now limited from “any material” to “a collection of information”. See also Article 5a(new) on this.
Amendment 191
Sebastian Tynkkynen
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
| Text proposed by the Commission | Amendment |
| (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; | deleted |
Or. en
Justification
Manuals providing instructions on how to commit child sexual abuse (’paedophile manuals’) should be in a separate provision instead of being part of the definition of child sexual abuse. This accounts for the inherent differences in the illicit material and avoids unforeseen consequences for other legal acts relying on the definition of child sexual abuse material in the CSA Directive. The manuals themselves are not CSAM and should not be treated as such, even though producing or distributing them is criminalised. Also it is important to clarify that the criminalisation of "providing advice on how to find, groom and abuse children and avoid being identified and prosecuted" should not cover general advice on privacy, anonymity online and avoid surveillance which are essential for protection of basic human rights of individual citicens.
Amendment 192
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
| Text proposed by the Commission | Amendment |
| (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; | (e) ‘instructions manual on how to sexually abuse children’ means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; |
Or. en
Amendment 193
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
| Text proposed by the Commission | Amendment |
| (e) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; | (e) 'instruction manual on how to sexually abuse children' means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit the offences listed in this Directive; |
Or. en
Amendment 194
Saskia Bricmont
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
| Text proposed by the Commission | Amendment |
| (3 a) ‘Child sexual abuse instruction manual’ or ‘ manuals’ means a collection of information, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation, and on how to avoid prosecution for those crimes; |
Or. en
Justification
Linked to Article 5a(new).
Amendment 195
Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
| Text proposed by the Commission | Amendment |
| (3 a) ‘Instructions manual on how to sexually abuse children’ means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit the offences listed in Article 3, 4, 5, 6 and 7 of the Directive; |
Or. en
Amendment 196
Sebastian Tynkkynen
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
| Text proposed by the Commission | Amendment |
| (3 a) ‘Child sexual abuse instruction manual’ means a collection of information, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation; |
Or. en
Justification
Manuals providing instructions on how to commit child sexual abuse (’paedophile manuals’) should be in a separate provision instead of being part of the definition of child sexual abuse. This accounts for the inherent differences in the illicit material and avoids unforeseen consequences for other legal acts relying on the definition of child sexual abuse material in the CSA Directive. The manuals themselves are not CSAM and should not be treated as such, even though producing or distributing them is criminalized. Also it is important to clarify that the criminalization of "providing advice on how to find, groom and abuse children and avoid being identified and prosecuted" should not cover general advice on privacy, anonymity online and avoid surveillance which are essential for protection of basic human rights of individual citicens.
Amendment 197
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
| Text proposed by the Commission | Amendment |
| (3a) 'realistic images' means any image whose sophistication or resemblance to real persons could lead one to believe that it is authentic; |
Or. fr
Amendment 198
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 4
| Text proposed by the Commission | Amendment |
| (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise or consideration is made to the child or to a third party; | (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 in exchange for the child engaging in sexual activities, regardless of whether payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party; |
Or. en
Amendment 199
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 4
| Text proposed by the Commission | Amendment |
| (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise or consideration is made to the child or to a third party; | (4) ‘child sexual exploitation’ means the use of a child for sexual activities where money or any other form of remuneration, profit, advantage, benefit or consideration is given or promised in exchange for the child engaging in sexual activities, regardless of whether payment, promise, profit, advantage, benefit or consideration is made to the child or to a third party; |
Or. en
Amendment 200
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 4
| Text proposed by the Commission | Amendment |
| (4) ‘child exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise or consideration is made to the child or to a third party; | (4) ‘child sexual exploitation’ 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 in exchange for the child engaging in sexual activities, regardless of whether that remuration, gain, advantage, promise or consideration is made to the child or to a third party; |
Or. en
Amendment 201
Milan Uhrík
Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part
| Text proposed by the Commission | Amendment |
| (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience, including by means of information and communication technology, of: | (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an individual or at an audience, including by means of information and communication technology, of: |
Or. en
Amendment 202
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel
Proposal for a directive
Article 2 – paragraph 1 – point 5 – introductory part
| Text proposed by the Commission | Amendment |
| (5) ‘ child sexual abuse performance’ means a live exhibition aimed at an audience, including by means of information and communication technology, of: | (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: |
Or. en
Justification
For internal logic of the text to ensure that videocalls with one person are covered.
Amendment 203
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point a
| Text proposed by the Commission | Amendment |
| (a) a child engaged in real or simulated sexually explicit conduct; or | (a) a child engaged in real or simulated sexually explicit act or conduct; or |
Or. en
Justification
For internal logic of the text.
Amendment 204
Georgiana Teodorescu, Jadwiga Wiśniewska
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
| Text proposed by the Commission | Amendment |
| (b) the sexual organs of a child for primarily sexual purposes; | (b) the sexual organs or private parts of a child for primarily sexual purposes; |
Or. ro
Amendment 205
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
| Text proposed by the Commission | Amendment |
| (b) the sexual organs of a child for primarily sexual purposes; | (b) the sexual organs or intimate parts of a child for primarily sexual purposes; |
Or. en
Justification
Consistency with other amendments.
Amendment 206
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
| Text proposed by the Commission | Amendment |
| (b) the sexual organs of a child for primarily sexual purposes; | (b) the sexual parts of a child for primarily sexual purposes; |
Or. en
Amendment 207
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
| Text proposed by the Commission | Amendment |
| (b) the sexual organs of a child for primarily sexual purposes; | (b) the sexual parts of a child for primarily sexual purposes; |
Or. en
Amendment 208
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
| Text proposed by the Commission | Amendment |
| (b) the sexual organs of a child for primarily sexual purposes; | (b) the sexual parts of a child for primarily sexual purposes; |
Or. en
Amendment 209
Saskia Bricmont
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
| Text proposed by the Commission | Amendment |
| (b) the sexual organs of a child for primarily sexual purposes; | (b) the organs of a child for primarily sexual purposes; |
Or. en
Justification
It could also be other organs, the main element is “for primarily sexual purposes”. Mirroring article 3(b) & (d).
Amendment 210
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
| Text proposed by the Commission | Amendment |
| (5 a) ‘Sexual extortion of children’ refers to the act of threatening to distribute intimate material featuring a child victim in order to obtain money, child sexual abuse material, or other forms of gain, under the threat of sharing this material without the depicted person’s consent. |
Or. en
Amendment 211
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
| Text proposed by the Commission | Amendment |
| (5 a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person; |
Or. en
Amendment 212
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
| Text proposed by the Commission | Amendment |
| (5 a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person; |
Or. en
Amendment 213
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
| Text proposed by the Commission | Amendment |
| (5 b) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity; |
Or. en
Amendment 214
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) ‘Information and communication technology’ refers to any technological tool or resource used for the digital storage, creation, sharing, or exchange of information, including smartphones, computers, social networking platforms, and other media applications and services. |
Or. en
Amendment 215
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) 'information and communication technology’ means any technological tool and resource used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services; |
Or. en
Amendment 216
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) ‘information and communication technology’ means any technological tool and resource used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services; |
Or. en
Amendment 217
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
| Text proposed by the Commission | Amendment |
| (7 b) ‘online’ means by means of information and communication technologies; |
Or. en
Amendment 218
Isabel Serra Sánchez
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
| Text proposed by the Commission | Amendment |
| (7 b) ‘online’ means by means of information and communication technologies; |
Or. en
Amendment 219
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 7 c (new)
| Text proposed by the Commission | Amendment |
| (7 c) ‘Online’ refers to all means of the use of information and communication technologies. |
Or. en
Amendment 220
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera
Proposal for a directive
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| (8) ‘peers’ means persons who are close in age and degree of psychological and physical development or maturity. | (8) 'peers' means persons who have an age difference of no more than 3 years and who are close in degree of psychological and physical development or maturity. |
Or. fr
Amendment 221
Verena Mertens
Proposal for a directive
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| (8) ‘peers’ means persons who are close in age and degree of psychological and physical development or maturity. | (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity. |
Or. en
Amendment 222
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| (8) ‘peers’ means persons who are close in age and degree of psychological and physical development or maturity. | (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity. |
Or. en
Amendment 223
Saskia Bricmont
Proposal for a directive
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| (8) ‘peers’ means persons who are close in age and degree of psychological and physical development or maturity. | (8) ‘peers’ means persons who are close in age and degree of psychological and physical development and maturity. |
Or. en
Justification
It should be cumulative conditions.
Amendment 224
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| (8 a) ‘pornographic content’ means printed or online material that explicitly describes or displays real or simulated sexually explicit conduct or that depicts in any way sexual organs primarily for sexual purposes. |
Or. en
Amendment 225
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| (8 a) ‘hotline’ means an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State. |
Or. en
Justification
Definition of hotline moved to Article 2 for internal logic of the text.
Amendment 226
Alessandro Zan, Caterina Chinnici, Hilde Vautmans, Evin Incir, Veronika Cifrová Ostrihoňová, Francisco Assis, Merja Kyllönen, Pina Picierno, Antonio López-Istúriz White, Anna Stürgkh, Cecilia Strada
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| (8 a) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity |
Or. en
Amendment 227
Saskia Bricmont
Proposal for a directive
Article 3 – title
| Text proposed by the Commission | Amendment |
| Offences concerning sexual abuse | Offences concerning child sexual abuse |
Or. en
Justification
Mirroring tittle of other articles.
Amendment 228
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable. | 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology. |
Or. en
Amendment 229
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable. | 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology. |
Or. en
Amendment 230
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable. | 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology. |
Or. en
Amendment 231
Verena Mertens
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable. | 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was carried out using information and communication technology. |
Or. en
Amendment 232
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable. | 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 8 is punishable. |
Or. fr
Justification
Reintroduction of a word deleted from the text by mistake, according to the Commission itself.
Amendment 233
Verena Mertens
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Causing, for sexual purposes, a child to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year. |
Or. en
Amendment 234
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 3 years. |
Or. ro
Amendment 235
Assita Kanko
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Justification
This offence can traumatize a child and negatively impact its development. It also constitutes a step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 236
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 (new)
| Text proposed by the Commission | Amendment |
| The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 1 year where the child is above the age of sexual consent and does not consent. |
Or. en
Amendment 237
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2 a. Exposing a child to pornographic content, including by means of information and communication technology, for the purpose of committing any of the offences referred to in paragraph 3 of this Article and in Article 5(6), shall be punishable by a maximum term of imprisonment of at least 3 years. |
Or. en
Justification
Justification According to the EU Strategy of the rights of the child, “children’s online presence increases their exposure to harmful or illegal content, such as child sexual abuse or exploitation materials, pornography and adult content”. This exposure, notes the Commission, also harbors risks of harmful and illegal contact, such as cyber-grooming and sexual solicitation, cyberbullying or online abuse and harassment. The proliferation of so-called adult platforms, which are prone to turn a blind eye on the need to restrict access to certain content for children, raise challenges for law enforcement and create new possibilities for abuse. Abundant scientific evidence underscores the significant psychological and emotional distress as well as detrimental impact on cognitive development caused by exposure of a child to pornographic content. What’s more, some perpetrators make use of this content as a grooming technique aiming at desensitivizing children to sexual activity by altering their perceptions of sexuality and reducing their resistance to inappropriate behavior. Considering this, the exposure of children to pornographic content, both offline and online, should constitute a criminal offence under EU law. The aim is to restrict the flow of this content, given such fundamental public policy considerations as protecting children and ensuring their healthy development.
Amendment 238
François-Xavier Bellamy, Caterina Chinnici, Antonio López-Istúriz White, Javier Zarzalejos
Proposal for a directive
Article 3 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
| 2 b. Knowingly disseminating pornographic content in such a way that it is likely to be accessed by a child shall be punishable by a maximum term of imprisonment of at least 1 year. |
Or. en
Justification
Online platforms that facilitate access for children to pornographic material, including by failing to put in place effective age verification tools, should be held liable for this offence, taking into account not only the short term harm it causes to children, but also long term effects that can alter child’s attitude to sexual activity and, ultimately, prepare children for sexual abuse and exploitation. Criminalising the exposure of children to pornographic content answers to the need to make the EU law future-proof and relates to one of the paramount goals of this directive - strengthening and enhancing prevention measures against child sexual abuse and exploitation. The cross-border nature of this phenomenon and increased prevalence in the use of online technologies that facilitate the risks of child sexual abuse and amplify the exploitation of children’s vulnerabilities, justifies this proposal for modification. The lack of common rules in this area results in proliferation of various national laws, each with its own set of exceptions. This leads to a disorganized legal framework and unequal protection of children, and undermines the law-enforcement efforts that are already made in certain Member States.
Amendment 239
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. | 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. |
Or. en
Amendment 240
Verena Mertens
Proposal for a directive
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. | 3. Causing, for sexual purposes, a child to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 241
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. | 3. Causing, for sexual purposes, a child to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 242
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. | 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 3 years. |
Or. ro
Amendment 243
Assita Kanko
Proposal for a directive
Article 3 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years. | 3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 3 years. |
Or. en
Justification
This offence can traumatize a child and negatively impact its development. It also constitutes an important step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 244
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo
Proposal for a directive
Article 3 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years. | 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person or with themselves shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Justification
In order to ensure the logic of the text covers known child sexual abuse situations as much as possible.
Amendment 245
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László
Proposal for a directive
Article 3 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years. | 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities involving just the child or with another person shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. fr
Justification
It is essential to also include here the sexual abuse that predators could force children to carry out on themselves.
Amendment 246
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years. | 4. Engaging in sexual activities by any means with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 247
Assita Kanko
Proposal for a directive
Article 3 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years. | 4. Engaging in sexual activities with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 10 years. |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 248
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)
| Text proposed by the Commission | Amendment |
| The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 8 years where the child is above the age of sexual consent and: | |
| a) does not consent to the act with a peer; or; | |
| b) is caused to engage in sexual activities with a person who is not a peer. |
Or. en
Amendment 249
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
| (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or | (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years; |
Or. en
Amendment 250
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
| (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or | (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years; or |
Or. en
Amendment 251
Saskia Bricmont
Proposal for a directive
Article 3 – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
| (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or | (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years; or |
Or. en
Justification
To mirror new approach taken on having age of consent as an aggravating circumstance rather than in the qualification of offences. Same logic for paras 5(b) & (c), 6 and 8.
Amendment 252
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
| (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or | (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years; or |
Or. en
Amendment 253
Assita Kanko
Proposal for a directive
Article 3 – paragraph 5 – point a
| Text proposed by the Commission | Amendment |
| (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or | (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 if the child has not reached the age of sexual consent, and of at least 8 years of imprisonment, if the child is over that age; or |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 254
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 5 – point b
| Text proposed by the Commission | Amendment |
| (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or | (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years; |
Or. en
Amendment 255
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 5 – point b
| Text proposed by the Commission | Amendment |
| (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or | (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years; or |
Or. en
Amendment 256
Saskia Bricmont
Proposal for a directive
Article 3 – paragraph 5 – point b
| Text proposed by the Commission | Amendment |
| (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or | (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, living in an institutionalized environment or a child deprived of liberty, shall be punishable by a maximum term of imprisonment of at least 10 years; or |
Or. en
Amendment 257
Assita Kanko
Proposal for a directive
Article 3 – paragraph 5 – point b
| Text proposed by the Commission | Amendment |
| (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment if the child is over that age; or | (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 8 years of imprisonment if the child is over that age; or |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 258
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years; |
Or. en
Amendment 259
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Amendment 260
Saskia Bricmont
Proposal for a directive
Article 3 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | (c) use is made of coercion, force, extorsion or threats shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Amendment 261
Sophie Wilmès, Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Lucia Yar
Proposal for a directive
Article 3 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | (c) use is made of coercion, force, physical or psychological violence, blackmail or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. |
Or. fr
Amendment 262
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | (c) use made of coercion, force, threats or offering remuneration or consideration shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. |
Or. ro
Amendment 263
Assita Kanko
Proposal for a directive
Article 3 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | (c) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 14 years if the child has not reached the age of sexual consent, and of at least 9 years of imprisonment if the child is over that age. |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 264
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12; |
Or. en
Amendment 265
Saskia Bricmont
Proposal for a directive
Article 3 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Amendment 266
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel, Sandro Ruotolo
Proposal for a directive
Article 3 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Justification
Consistency with other amendments. Particularly in the case of coercing, forcing or threatening the child into sexual activities, the fact that the child is able to express consent should not have an effect on the maximum sentence.
Amendment 267
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Amendment 268
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi, András László
Proposal for a directive
Article 3 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | 6. Coercing, forcing or threatening a child into sexual activities on their own or with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. |
Or. fr
Justification
It is essential to also include here the sexual abuse that predators could force children to carry out on themselves.
Amendment 269
Assita Kanko
Proposal for a directive
Article 3 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age. | 6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 14 years if the child has not reached the age of sexual consent, and of at least 9 years of imprisonment if the child is over that age. |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 270
Assita Kanko
Proposal for a directive
Article 3 – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
| 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 12 years: | 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 14 years: |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 271
Jadwiga Wiśniewska
Proposal for a directive
Article 3 – paragraph 7 – introductory part
| Text proposed by the Commission | Amendment |
| 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 12 years: | 7. The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 15 years: |
Or. en
Amendment 272
Tomas Tobé
Proposal for a directive
Article 3 – paragraph 7 – point a
| Text proposed by the Commission | Amendment |
| (a) engaging with a child below the age of sexual consent in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object; | (a) engaging with a child below the age of sexual consent in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or some other sexual act that in view of the seriousness of the violation is comparable to sexual intercourse; |
Or. en
Amendment 273
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 3 – paragraph 7 – point a a (new)
| Text proposed by the Commission | Amendment |
| (a a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object; |
Or. en
Amendment 274
Tomas Tobé
Proposal for a directive
Article 3 – paragraph 7 – point b
| Text proposed by the Commission | Amendment |
| (b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object. | (b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or some other sexual act that in view of the seriousness of the violation is comparable to sexual intercourse; |
Or. en
Amendment 275
Assita Kanko
Proposal for a directive
Article 3 – paragraph 7 – point b
| Text proposed by the Commission | Amendment |
| (b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object. | (b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or to engage in self-penetration. |
Or. en
Justification
Self-penetration in these circumstances should be penalised in the same way as penetration by another person.
Amendment 276
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 7 – point b
| Text proposed by the Commission | Amendment |
| (b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object. | (b) causing a child consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object. |
Or. en
Amendment 277
Tomas Tobé
Proposal for a directive
Article 3 – paragraph 7 – point b a (new)
| Text proposed by the Commission | Amendment |
| (b a) inducing a child below the age of sexual consent, online or offline, to undertake or submit to any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or some other sexual act that in view of the seriousness of the violation is comparable to sexual intercourse. |
Or. en
Amendment 278
Saskia Bricmont
Proposal for a directive
Article 3 – paragraph 7 – point b a (new)
| Text proposed by the Commission | Amendment |
| (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; |
Or. en
Amendment 279
Verena Mertens
Proposal for a directive
Article 3 – paragraph 7 – point b a (new)
| Text proposed by the Commission | Amendment |
| (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; |
Or. en
Amendment 280
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 7 – point b a (new)
| Text proposed by the Commission | Amendment |
| (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; |
Or. en
Amendment 281
Evin Incir
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years. Where the person who engaged in or caused the conduct as referred to in paragraph 7 with a child did not know but ought to have known that the child did not consent to the act, such conduct is punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 282
Jeroen Lenaers
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. The conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years where the child is above the age of sexual consent and: |
| (a) does not consent to the act with a peer; | |
| or; | |
| (b) is caused to engage in the act with a person who is not a peer; | |
| (c) is caused to engage themselves in the act by a person who is not a peer. |
Or. en
Amendment 283
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. Where the child is above the age of sexual consent and the act is committed through violence, coercion, threat or surprise, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. fr
Amendment 284
Saskia Bricmont
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Justification
Age of victim should be an aggravating circumstances and does not make a difference in the offence itself.
Amendment 285
Assita Kanko
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Justification
Increasing the proposed penalty to reflect the fact that this offence is of an extremely serious nature, likely traumatizing for the victim and affecting his or her development.
Amendment 286
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Amendment 287
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 3 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 10 years. | 8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 12 years. |
Or. en
Amendment 288
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera
Proposal for a directive
Article 3 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. Engaging in the intentional conduct referred to in paragraphs 7 and 8, where: | |
| (a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 15 years;or | |
| (b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 15 years;or | |
| (c) use is made of coercion, force or threats, shall be punishable by a maximum term of imprisonment of at least 15 years. |
Or. fr
Amendment 289
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, András László
Proposal for a directive
Article 3 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. For the purpose of paragraph 8, Member States shall ensure that: | deleted |
| (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; | |
| (b) the consent can be withdrawn at any moment before and during the act; | |
| (c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct. |
Or. fr
Justification
This deletion is a result of the compromise adopted among the three institutions when drawing up Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, a compromise that was reached after the publication of this proposal for a directive, which was thus unable to incorporate it. The elements that characterise consent violation are, however, retained and integrated in paragraph 8.
Amendment 290
Isabel Serra Sánchez
Proposal for a directive
Article 3 – paragraph 9 – introductory part
| Text proposed by the Commission | Amendment |
| 9. For the purpose of paragraph 8, Member States shall ensure that: | 9. For the purpose of paragraphs 4 and 8, Member States shall ensure that: |
Or. en
Amendment 291
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 3 – paragraph 9 – introductory part
| Text proposed by the Commission | Amendment |
| 9. For the purpose of paragraph 8, Member States shall ensure that: | 9. For the purpose of paragraphs 4 and 8, Member States shall ensure that: |
Or. en
Amendment 292
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani
Proposal for a directive
Article 3 – paragraph 9 – introductory part
| Text proposed by the Commission | Amendment |
| 9. For the purpose of paragraph 8, Member States shall ensure that: | 9. For the purpose of paragraph 4 and 8, Member States shall ensure that: |
Or. en
Amendment 293
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Sandro Ruotolo
Proposal for a directive
Article 3 – paragraph 9 – point a
| Text proposed by the Commission | Amendment |
| (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; | (a) an act or conduct is to be considered non-consensual also where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; |
Or. en
Justification
The definition of consent is moved to article 2.
Amendment 294
Tomas Tobé
Proposal for a directive
Article 3 – paragraph 9 – point a
| Text proposed by the Commission | Amendment |
| (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; | (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, expressed by word or deed or in some other way, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, intoxication, freezing, illness, bodily injury or otherwise in view of the circumstances; |
Or. en
Amendment 295
Sophie Wilmès, Hilde Vautmans, Fabienne Keller, Veronika Cifrová Ostrihoňová, Lucia Yar
Proposal for a directive
Article 3 – paragraph 9 – point a
| Text proposed by the Commission | Amendment |
| (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; | (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleepiness, intoxication, surprise, freezing, illness or bodily injury; |
Or. fr
Amendment 296
Fabienne Keller, Hilde Vautmans, Lucia Yar, Abir Al-Sahlani, Veronika Cifrová Ostrihoňová, Nathalie Loiseau, Sophie Wilmès
Proposal for a directive
Article 3 – paragraph 9 – point a
| Text proposed by the Commission | Amendment |
| (a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; | (a) a non-consensual act is understood as an act which is performed without the child’s consent given clearly and voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury; |
Or. en
Amendment 297
András László
Proposal for a directive
Article 3 – paragraph 9 – point c
| Text proposed by the Commission | Amendment |
| (c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct. | (c) consent cannot be deduced exclusively from the child’s silence, past sexual conduct, or lack of verbal or physical resistance. |
Or. hu
Justification
The Commission’s original text sought to regulate the concept of consent with rather complex language and in considerable detail, albeit without the customary logic but proceeding as it were by an a contrario argument, defining the action based on a lack of consent.
Amendment 298
Fabienne Keller, Hilde Vautmans, Lucia Yar, Abir Al-Sahlani, Veronika Cifrová Ostrihoňová, Nathalie Loiseau, Sophie Wilmès
Proposal for a directive
Article 3 – paragraph 9 – point c
| Text proposed by the Commission | Amendment |
| (c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct. | (c) the absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct. |
Or. en
Amendment 299
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 3 – paragraph 9 – point c
| Text proposed by the Commission | Amendment |
| (c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct. | (c) child’s silence, verbal or physical non-resistance or past sexual conduct cannot be considered as having given consent. |
Or. en
Justification
Amendment for clarity and readability of the subparagraph.
Amendment 300
Saskia Bricmont
Proposal for a directive
Article 4 – title
| Text proposed by the Commission | Amendment |
| Offences concerning sexual exploitation | Offences concerning child sexual exploitation |
Or. en
Amendment 301
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable. | 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology. |
Or. en
Amendment 302
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable. | 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology. |
Or. en
Amendment 303
Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable. | 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology. |
Or. en
Amendment 304
Verena Mertens
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable. | 1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was carried out using information and communication technology. |
Or. en
Amendment 305
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age. | 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. en
Justification
Mirroring changes made in article 3 to ensure consistency, age of the victim should be an aggravating circumstances. Same reasoning for the entire article.
Amendment 306
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age. | 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. en
Amendment 307
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age. | 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. en
Amendment 308
Assita Kanko
Proposal for a directive
Article 4 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age. | 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 10 years if the child has not reached the age of sexual consent and of at least 8 years of imprisonment if the child is over that age. |
Or. en
Justification
The penalties for causing or recruiting children to participate in child sexual abuse performances should be brought as close as possible to penalties for perpetrators involved in the child sexual abuse acts themselves.
Amendment 309
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 310
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 311
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 312
Assita Kanko
Proposal for a directive
Article 4 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 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 14 years if the child has not reached the age of sexual consent, and of at least 9 years of imprisonment if the child is over that age. |
Or. en
Justification
The penalties for coercing or children to participate in child sexual abuse performances should be brought as close as possible to penalties for perpetrators involved in the child sexual abuse acts themselves.
Amendment 313
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age. | 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 314
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age. | 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 315
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age. | 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 316
Assita Kanko
Proposal for a directive
Article 4 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age. | 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 4 years if the child has not reached the age of sexual consent, and of at least 2 years of imprisonment if the child is over that age. |
Or. en
Justification
This offence can traumatize a child and negatively impact its development. It also constitutes an important step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 317
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 5. Causing or recruiting a child to participate child sexual in exploitation, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 318
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 319
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 320
Jadwiga Wiśniewska
Proposal for a directive
Article 4 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 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 10 years if the child has not reached the age of sexual consent, and of at least 8 years of imprisonment if the child is over that age. |
Or. en
Amendment 321
Assita Kanko
Proposal for a directive
Article 4 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 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 14 years if the child has not reached the age of sexual consent, and of at least 9 years of imprisonment if the child is over that age. |
Or. en
Justification
The penalties for coercing or children to participate in exploitation should be brought as close as possible to penalties for perpetrators involved in the child sexual abuse acts themselves.
Amendment 322
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 6. Coercing or forcing a child into sexual exploitation, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years. |
Or. en
Amendment 323
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years. |
Or. en
Amendment 324
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years. |
Or. en
Amendment 325
Assita Kanko
Proposal for a directive
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. | 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 16 years if the child has not reached the age of sexual consent, and of at least 10 years of imprisonment if the child is over that age. |
Or. en
Justification
The penalties for coercing or children to participate in exploitation should be brought as close as possible to penalties for perpetrators involved in the child sexual abuse acts themselves.
Amendment 326
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age. | 7. Engaging in sexual activities with a child, where recourse is made to child sexual exploitation shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 327
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age. | 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 328
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age. | 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 329
Assita Kanko
Proposal for a directive
Article 4 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age. | 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 14 years if the child has not reached the age of sexual consent, and of at least 8 years of imprisonment if the child is over that age. |
Or. en
Justification
The penalties involvement in sexual activities where eploitation is used should be brought as close as possible to penalties for perpetrators involved in the child sexual abuse acts themselves.
Amendment 330
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 4 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age. | 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 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age. |
Or. ro
Amendment 331
Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy
Proposal for a directive
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Coercing or forcing a child to share intimate material depicting the child, other child sexual abuse material to obtain money or any other benefit, as well as coercing or forcing a child to share child sexual abuse material eunder the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Justification
‘Sexual extortion of children’ should be defined in accordance with the Luxembourg Guide. It is important to draw a difference between solicitation of children and sexual extortion, which is a specific form of extortion against a child and sexual in nature.
Amendment 332
Saskia Bricmont
Proposal for a directive
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Justification
To include sexual extorsion offence.
Amendment 333
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 334
Verena Mertens
Proposal for a directive
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Coercing or compelling a child to share intimate material featuring the child, in order to obtain money, child sexual abuse material, or any other benefit under the threat of sharing the material without the depicted person's consent, shall be punishable by a maximum prison term of no less than 8 years. |
Or. en
Amendment 335
Jeroen Lenaers
Proposal for a directive
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 336
Isabel Serra Sánchez
Proposal for a directive
Article 4 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Member States shall take the necessary measures to ensure that sexual extortion of children as defined in Article 2 paragraph 9 is punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 337
Isabel Serra Sánchez
Proposal for a directive
Article 5 – title
| Text proposed by the Commission | Amendment |
| Offences concerning child sexual abuse material | Offences concerning child sexual abuse material and instructions manuals on how to sexually abuse children |
Or. en
Amendment 338
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Acquisition or possession of child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. ro
Amendment 339
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Acquisition or possession of child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 year. |
Or. en
Amendment 340
Assita Kanko
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Justification
This criminal offence constitutes a step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 341
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 342
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. | 2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 343
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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 1 year. | 3. Knowingly obtaining access, by means of information and communication technology, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 2 year. |
Or. ro
Amendment 344
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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 1 year. | 3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 year. |
Or. en
Amendment 345
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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 1 year. | 3. Knowingly and habitually obtaining access, by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 1 year. |
Or. fr
Justification
In line with recital 21.
Amendment 346
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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 1 year. | 3. Knowingly obtaining access, including by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 347
Assita Kanko
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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 1 year. | 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. |
Or. en
Justification
This criminal offence constitutes a step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 348
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 4. Distribution, dissemination or transmission of child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. ro
Amendment 349
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 4. Distribution, dissemination or transmission of child sexual abuse material instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 350
Assita Kanko
Proposal for a directive
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years. |
Or. en
Justification
This criminal offence constitutes a step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 351
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 4. Distribution, dissemination or transmission of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. |
Or. en
Amendment 352
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 5. Offering, supplying or making available child sexual abuse material, including that generated by artificial intelligence or created through any other computerised means, shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. ro
Amendment 353
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 5. Offering, supplying or making available child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years. |
Or. en
Amendment 354
Assita Kanko
Proposal for a directive
Article 5 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 2 years. | 5. Offering, supplying or making available child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 4 years. |
Or. en
Justification
This criminal offence constitutes a step on the ladder to more serious criminal offences by the perpetrator. Member States should therefore be encouraged to apply serious sentences.
Amendment 355
Georgiana Teodorescu, Claudiu-Richard Târziu, Şerban-Dimitrie Sturdza, Adrian-George Axinia, Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. | 6. Production of child sexual abuse material, including that generated by artificial intelligence or created by any computerised means, shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. ro
Amendment 356
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. | 6. Production of child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 4 years. |
Or. en
Amendment 357
Assita Kanko
Proposal for a directive
Article 5 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. | 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 6 years. |
Or. en
Justification
This criminal offence constitutes a step on the ladder to more serious criminal offences by the perpetrator. Perpetrators may be very closely associated with the child sexual abuse acts themselves. Penalties should therefore be brought close to those for those acts.
Amendment 358
Jadwiga Wiśniewska
Proposal for a directive
Article 5 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. | 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 5 years. |
Or. en
Amendment 359
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 5 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 3 years. | 6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 8 years. |
Or. en
Amendment 360
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
| For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation 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. | For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission as referred to in paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, a hotline established in a Member State. |
Or. en
Justification
Definition of hotline moved to article 2.
Amendment 361
Saskia Bricmont
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
| For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation 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. | For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission pursuant to paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation. |
Or. en
Justification
We should allow transmission (to the police), but not further distribution or dissemination.
Amendment 362
Jeroen Lenaers
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
| Text proposed by the Commission | Amendment |
| For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation 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. | For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation such as a hotline, established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation. |
Or. en
Amendment 363
Saskia Bricmont
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2
| Text proposed by the Commission | Amendment |
| These conditions may 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. | 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. |
Or. en
Amendment 364
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2
| Text proposed by the Commission | Amendment |
| These conditions may 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. | 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. |
Or. en
Amendment 365
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera, Susanna Ceccardi
Proposal for a directive
Article 5 – paragraph 8 – introductory part
| Text proposed by the Commission | Amendment |
| 8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow some or all of the following activities to: | 8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 are limited to some or all of the following activities to: |
Or. fr
Amendment 366
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 5 – paragraph 8 – introductory part
| Text proposed by the Commission | Amendment |
| 8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow some or all of the following activities to: | 8. Member States shall provide a legal framework for hotlines to harmonise their role and competences and to ensure that authorisations for such organisations allow all of the following activities to: |
Or. en
Amendment 367
Saskia Bricmont
Proposal for a directive
Article 5 – paragraph 8 – introductory part
| Text proposed by the Commission | Amendment |
| 8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow some or all of the following activities to: | 8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow all of the following activities to: |
Or. en
Amendment 368
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 8 – point a
| Text proposed by the Commission | Amendment |
| a. receive and analyse reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse; | a. receive and analyse reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse, including the downloading of child sexual abuse material by the organisation<; |
Or. en
Amendment 369
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Sophie Wilmès, Nathalie Loiseau
Proposal for a directive
Article 5 – paragraph 8 – point a a (new)
| Text proposed by the Commission | Amendment |
| a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform; |
Or. en
Amendment 370
Caterina Chinnici, Hilde Vautmans, Veronika Cifrová Ostrihoňová, Evin Incir, Antonio López-Istúriz White, Merja Kyllönen, Anna Stürgkh, François-Xavier Bellamy
Proposal for a directive
Article 5 – paragraph 8 – point a a (new)
| Text proposed by the Commission | Amendment |
| a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform; |
Or. en
Justification
In the scope of this Directive, it is important to provide a legal basis for hotlines to liaise directly with online services providers for the prompt removal of CSAM.
Amendment 371
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada
Proposal for a directive
Article 5 – paragraph 8 – point b
| Text proposed by the Commission | Amendment |
| b. promptly notify the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content; | b. promptly notify the reported illegal content to the relevant law enforcement authority of the Member State where the material is hosted; |
Or. en
Amendment 372
Assita Kanko
Proposal for a directive
Article 5 – paragraph 8 – point b a (new)
| Text proposed by the Commission | Amendment |
| b a. promptly send a notice and takedown request to the relevant information society service for instances of child sexual abuse material online; |
Or. en
Justification
Organisations acting in the public interest should be allowed to communicate directly with online hosts of child sexual abuse material to have that material removed more quickly.
Amendment 373
Alexandre Varaut, Fabrice Leggeri, Malika Sorel, Pascale Piera
Proposal for a directive
Article 5 – paragraph 8 – point d
| Text proposed by the Commission | Amendment |
| d. carry 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. | d. find out about publicly accessible child sexual abuse material on hosting services, by carrying out searches, using the reports of suspected child sexual abuse material referred to in letter (a) or on a request of a victim. |
Or. fr
Justification
The aim of this amendment is to prevent the organisations concerned from being required to carry out searches and detect child pornography, which would give them the role of an investigative body. That role should remain the prerogative of the police and judiciary, while allowing those organisations to receive such content in a random or targeted manner in order to serve the public interest of detecting and reporting that content.
Amendment 374
Marina Kaljurand, Francisco Assis, Matjaž Nemec, Evin Incir, Cecilia Strada, Birgit Sippel
Proposal for a directive
Article 5 – paragraph 8 – point d a (new)
| Text proposed by the Commission | Amendment |
| d a. cooperate directly with national service providers in notice and take-down procedure, with consent from the responsible national law enforcement authority. |
Or. en
Amendment 375
Hilde Vautmans, Fabienne Keller, Lucia Yar, Veronika Cifrová Ostrihoňová, Abir Al-Sahlani, Nathalie Loiseau
Proposal for a directive
Article 5 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. It shall be within the discretion of Member States to decide whether this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (3)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction. | 9. Member States shall ensure that this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (6)(c), where the person appearing to be a child was in fact 18 years of age or older at the time of depiction. |
Or. en
Amendment 376
Isabel Serra Sánchez
Proposal for a directive
Article 5 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. It shall be within the discretion of Member States to decide whether this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (3)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction. | 9. Member States shall ensure that this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (6)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction. |
Or. en