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

26.5.2025 - (COM(2024)0060 – C9‑0028/2024 – 2024/0035(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Jeroen Lenaers
(Recast – Rule 113 of the Rules of Procedure)

Amendments

• 001-185 (PDF - 292 KB)
• 001-185 (DOC - 97 KB)
• 186-186 (PDF - 106 KB)
• 186-186 (DOC - 71 KB)
• 187-189 (PDF - 112 KB)
• 187-189 (DOC - 29 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2024)0060 – C10‑0028/2024 – 2024/0035(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

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

– having regard to Article 294(2) and Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0028/2024),

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

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[1],

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

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

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

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

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

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

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

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

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

 

Amendment  1

Proposal for a directive

Recital 9 a (new)

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

Amendment  2

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, regardless of the method of their creation, including by using artificial intelligence, frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their intimate parts, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes, as well as so-called ‘instructions manuals’ intended to provide advice, guidance or instructions on how to generate, distribute or acquire child sexual abuse material and how to commit child sexual abuse, child sexual exploitation or child solicitation.

Amendment  3

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, pseudophotographs and videos as generated by artificial intelligence or created through any other computerised means depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to representations generated “by whatever means” and the reference to ‘reproductions and representations’ "regardless of the method of their creation or manipulation" should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology-neutral and hence future-proof way.

Amendment  4

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 on how to sexually abuse or exploit children, regardless of the form in which such instructions are provided. Those instructions, including in the form of manuals, provide advice on how to find, groom and abuse children and avoid being identified and prosecuted or give guidance on how to generate, distribute or acquire child sexual abuse material. Digital models or prompts enabling the creation of AI-generated child sexual abuse material should also be regarded as instructions on how to sexually abuse or exploit children and therefore fall under the definition of child sexual abuse material. By lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such instructions. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment  5

Proposal for a directive

Recital 12 a (new)

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

Amendment  6

Proposal for a directive

Recital 12 b (new)

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

Amendment  7

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

Amendment  8

Proposal for a directive

Recital 15

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

Amendment  9Proposal for a directive

Recital 15 a (new)

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

Amendment  10

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.

Amendment  11

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission	Amendment
	(20a) Organisations acting in the public interest on the fight against child sexual abuse, such as the members of the INHOPE network of hotlines, have been active for years in several Member States, cooperating with law enforcement and providers to facilitate the process of removal and reporting of online child sexual abuse material. That work combats re-victimisation by limiting the spread of illegal material online, and can provide evidence to law enforcement of crimes committed. However, the legal framework in which they operate differs considerably from one Member State to another and is, in many cases, lacking in terms of the identification of the tasks that those organisations can lawfully undertake, as well as of the relevant conditions. Member States should be able to provide a legal framework for those organisations to carry out relevant tasks, and in particular the processing of child sexual abuse material, in which case the processing should not be considered to be “without right”. Such legal framework is necessary as it increases legal certainty, maximise synergies between national authorities and other actors involved in the fight against child sexual abuse, and support victims’ rights by removing child sexual abuse material from the public digital sphere.

Amendment  12Proposal 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 taking place in both the real and virtual world. This increased access to children has led to the rapid growth of phenomena such as sexual extorsion. Sexual extorsion of children refers to the act of threatening to distribute intimate material featuring a child victim in order to obtain money, child sexual abuse material, or other forms of gain, under the threat of sharing this material without the depicted person’s consent, affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extorsion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences.

Amendment  13Proposal 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 artificial intelligence, and of augmented, extended and virtual reality settings, there is an urgent need to address more effectively the solicitation of children and to carry out periodic evaluations of the legal framework: the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts, exchanges or meetings taking place in real or virtual worlds including in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.

Amendment  14

Proposal for a directive

Recital 23 a (new)

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

Amendment  15

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. Member States should ensure that peers are protected from prosecution for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference). The provisions related to the age of consent should not be interpreted in a way which limits in any manner the criminalisation of child sexual abuse and the exploitation of children who have reached the age of consent as no child can consent to sexual abuse.

Amendment  16

Proposal for a directive

Recital 25

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

Amendment  17

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. Individuals in a state of incapacity cannot give informed and voluntary consent, making any sexual act under such circumstances inherently non-consensual.

Amendment  18

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 recognise the abuse for what it was and to understand its long-term effects. Trauma can cause victims to repress or block out the memories as a protective measure for years. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations are abolished.

Amendment  19

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.

Amendment  20

Proposal for a directive

Recital 34 a (new)

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

Amendment  21

Proposal for a directive

Recital 34 b (new)

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

Amendment  22

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

Amendment  23

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 victim-oriented principles and put in place age-appropriate and multi-disciplinary child-protection systems to provide effective care and legal support to child victims, although it does not require the Member States to implement the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This 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 or child witness 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 prioritised, ensuring that the child’s views are heard and respected throughout the process.

Amendment  24

Proposal for a directive

Recital 36 a (new)

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

Amendment  25

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 irrespective of whether they have filed a formal complaint. Survivors should be understood as a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals, including the staff at helplines . Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings.

Amendment  26

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 from the State. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States. The victims' right to compensation should not be subject to a limitation period.

Amendment  27

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. Laying down those rules and establishing the EU Centre without undue delay is of paramount importance in order to streamline and enhance the multiple efforts to prevent and combat child sexual abuse across the Union. It should facilitate the exchange of best practices in the Union and beyond. The EU Centre should encourage dialogue between all relevant stakeholders to help the development of state-of-the-art prevention programmes. Moreover, by cooperating with Member States and contributing to the standardisation of data collection concerning child sexual abuse and sexual exploitation throughout the Union, the EU Centre should be an asset in supporting evidence-based policy on both prevention and assistance to victims. Member States should establish national authorities or equivalent entities as they consider most appropriate according to their internal organisation, taking into account the need for a minimal structure with identified tasks, capable of carrying out assessments of trends in child sexual abuse, of gathering statistics, of measuring the results of actions to prevent and combat child sexual abuse, and of regularly reporting on such trends, statistics and results. Such national authorities should serve 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 of entry into force of that Regulation.
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16 COM (2022) 209 of 11.5.2022.	16 COM (2022) 209 of 11.5.2022.

Amendment  28

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 or tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel or tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpose of preventing the sexual abuse and sexual exploitation of children in travel or tourism through or towards their territory, most notably by taking appropriate action upon reception of relevant information from third countries, including conducting further checks or issuing a refusal of entry in the context of the Regulation (EU) 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks17 .
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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.

Amendment  29

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, volunteers, carers, teachers, educators, child protection professionals, social and foster care professionals, trainers coaches, legal professionals, family court judges, front-line police officers, healthcare professionals, religious community leaders and society at large, and research and education programmes including sexual education. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children as well as children who are particularly vulnerable, including children with mental, intellectual, sensory or physical disabilities, children in contexts of migration, both unaccompanied or accompanied, or children who do not conform to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics . Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by 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. Children should be able to obtain information and advice regarding the offences referred to in Articles 3 to 8b through those channels.

Amendment  30

Proposal for a directive

Recital 43 a (new)

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

Amendment  31

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

Amendment  32

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 .
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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.

Amendment  33

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) 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.
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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.

Amendment  34Proposal 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 if committed by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof.

Amendment  35Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) “consent” means any indication of agreement to a sexual activity given voluntarily and clearly, and in an informed and unambiguous manner, by a child above the age of sexual consent, as a result of that child’s free will, assessed in the context of the surrounding circumstances;

Amendment  36

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;

Amendment  37

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 intimate parts of a child for primarily sexual purposes;

Amendment  38

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

Amendment  39Proposal 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, pseudophotographs, reproductions or representations of a child engaged in sexually explicit conduct or of the intimate parts of a child, for primarily sexual purposes, regardless of the method of creation or manipulation, including by using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

Amendment  40

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) any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit any of the offences referred to in Articles 3 to 8b, including any instruction for artificial intelligence systems;

Amendment  41

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 as payment in exchange for the child engaging in sexual activities, regardless of whether that payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party;

Amendment  42

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:

Amendment  43

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 acts or conduct; or

Amendment  44

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 intimate parts of a child for primarily sexual purposes;

Amendment  45

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.

Amendment  46

Proposal for a directive

Article 3 – title

Text proposed by the Commission	Amendment
Offences concerning sexual abuse	Offences concerning child sexual abuse

Amendment  47

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.

Amendment  48

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, or a child who is above the age of sexual consent and does not consent to witness sexual activities, including by exposing that child to pornographic content, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 1 year.

Amendment  49

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.

Amendment  50

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

Amendment  51

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; or

Amendment  52

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, intellectual, sensory or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 12 years; or

Amendment  53

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 other threats shall be punishable by a maximum term of imprisonment of at least 14 years;

Amendment  54

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 or with themselves shall be punishable by a maximum term of imprisonment of at least 14 years.

Amendment  55

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 16 years:

Amendment  56

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.

Amendment  57

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

Amendment  58

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 2, 3, 4 and 8, Member States shall ensure that:

Amendment  59

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, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 5, or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, sleep, intoxication, surprise, freezing, illness or bodily injury;

Amendment  60

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 or present sexual conduct or by any past or present relationship with an offender.

Amendment  61

Proposal for a directive

Article 4 – title

Text proposed by the Commission	Amendment
Offences concerning sexual exploitation	Offences concerning child sexual exploitation

Amendment  62

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 7a is punishable.

Amendment  63

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 6 years.

Amendment  64

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 9 years.

Amendment  65

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 3 years.

Amendment  66

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 12 years.

Amendment  67

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 14 years.

Amendment  68

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 12 years.

Amendment  69

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 material representing that child’s intimate parts without that child’s consent in order to obtain money, child sexual abuse material or any other benefit shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment  70

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

Amendment  71

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.

Amendment  72

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

Amendment  73

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.

Amendment  74

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 the production of the material referred to in Article 2, point (3)(d), for private use, shall be punishable by a maximum term of imprisonment of at least 8 years.
	Creation or adaptation of artificial intelligence systems designed or adapted primarily for the purpose of enabling the creation shall be punishable by a maximum term of imprisonment of at least 3 years.

Amendment  75

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 an organisation such as a hotline established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.

Amendment  76

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.

Amendment  77

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 the organisations acting acting in the public interest against child sexual abuse referred to in paragraph 7 and ensure that the authorisations received by such organisations from the competent authorities of a Member State, allow all of the following activities:

Amendment  78

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. receiving and analysing reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse;

Amendment  79

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 notifying the relevant law enforcement authority of the Member State where the material is hosted of reported illegal content;

Amendment  80

Proposal for a directive

Article 5 – paragraph 8 – point c

Text proposed by the Commission	Amendment
c. collaborate with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted	c. collaborating with organisations acting in the public interest against child sexual abuse and authorized to receive reports of suspected child sexual abuse material in accordance with point (a) in the Member State or third country where the material is hosted

Amendment  81

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

Amendment  82

Proposal for a directive

Article 5 – paragraph 8 – point d a (new)

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

Amendment  83

Proposal for a directive

Article 6 – paragraph 1 – point a

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

Amendment  84

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .	Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 1 year.

Amendment  85

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 2

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 use is made of coercion, force or threats.	The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force or threats.

Amendment  86

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that an attempt, by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.	Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and sexual exploitation is punishable by a maximum term of imprisonment of at least 3 years.

Amendment  87

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 2

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 use is made of coercion, force or threats.	The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 6 years where use is made of coercion, force or threats.

Amendment  88

Proposal for a directive

Article 7 – title

Text proposed by the Commission	Amendment
Solicitation of sexual abuse	Solicitation to commit sexual abuse or exploitation, including live streaming

Amendment  89

Proposal for a directive

Article 7 – paragraph 1

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

Amendment  90

Proposal for a directive

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 1 year.	Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourage the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 10 years.

Amendment  91

Proposal for a directive

Article 8 a (new)

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

Amendment  92

Proposal for a directive

Article 8 b (new)

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

Amendment  93

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8 is punishable.	1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting to commit any of the offences referred to in Articles 3 to 8b is punishable.

Amendment  94

Proposal for a directive

Article 9 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the offences referred to in Article 3(4), (5) , (6), (7) and (8), Article 4(2), (3), (5), (6) and (7), Article 5(4), (5) and (6) , Article 7 and Article 8 is punishable.	2. Member States shall take the necessary measures to ensure that an attempt to commit any of the offences referred to in Article 3(4), (5) , (6), (7) and (8), Article 4(2), (3), (5), (6) and (7), Article 5(4), (5) and (6) , Article 7 and Article 8b is punishable.

Amendment  95

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission	Amendment
1. It shall be within the discretion of Member States to decide whether Article 3(2) and (4) apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.	1. Member States shall ensure that, in the context of Article 3(2), (4) and (7), an exemption from criminalisation is provided for consensual sexual activities between peers, provided that there is no abuse of trust or dependency between the peers.

Amendment  96

Proposal for a directive

Article 10 – paragraph 2

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

Amendment  97

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
It shall be within the discretion of Member States to decide whether Article 5(2), (3), (4) and (6) apply to the production, acquisition or possession of , or access to, material which exclusively involves:	Member States shall ensure that, in the context of Article 5(2), (3), (4) and (6), an exemption from criminalisation is provided for the production, acquisition or possession of, or access to, material which exclusively involves:

Amendment  98

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 2

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

Amendment  99

Proposal for a directive

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
4. It shall be within the discretion of Member States to decide whether Article 6 applies to proposals, conversations, contacts or exchanges between peers.	4. Member States shall ensure that, in the context of Article 6 an exemption from criminalisation is provided for to proposals, conversations, contacts or exchanges between peers, provided that there is no abuse of trust or dependency between the peers.

Amendment  100

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

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

Amendment  101

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 3

Text proposed by the Commission	Amendment
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.	The absence of consent cannot be refuted by the child’s silence, verbal or physical non-resistance or past sexual conduct or by any past or present relationship with an offender.

Amendment  102

Proposal for a directive

Article 10 – paragraph 6

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

Amendment  103

Proposal for a directive

Article 11 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence or in a state of physical or mental incapacity;	(a) the offence was committed against a child in any particularly vulnerable situation, such as against a child of a young age, a child with a mental, intellectual, sensory or physical disability, deprived of liberty or whose liberty is restricted, in a situation of dependence or in a state of physical or mental incapacity;

Amendment  104

Proposal for a directive

Article 11 – paragraph 1 – point h a (new)

Text proposed by the Commission	Amendment
	(h a) the offender posed as a minor or a peer;

Amendment  105

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Text proposed by the Commission	Amendment
	(j a) the offence was motivated by one or more of the grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union.

Amendment  106

Proposal for a directive

Article 12 – paragraph 1

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

Amendment  107

Proposal for a directive

Article 12 – paragraph 2

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

Amendment  108

Proposal for a directive

Article 12 – paragraph 3

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

Amendment  109

Proposal for a directive

Article 14 – title

Text proposed by the Commission	Amendment
Sanctions on legal persons	Penalties for legal persons

Amendment  110

Proposal for a directive

Article 14 – paragraph 1 – introductory part

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

Amendment  111

Proposal for a directive

Article 14 – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	(f a) where there is a public interest, the publication of all or part of the judicial decision relating to the criminal offence committed and the penalties or measures imposed, without prejudice to rules on privacy and the protection of personal data.

Amendment  112

Proposal for a directive

Article 14 – paragraph 2

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

Amendment  113

Proposal for a directive

Article 14 – paragraph 3

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

Amendment  114

Proposal for a directive

Article 14 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. Member States may establish rules for cases in which it is not possible to determine the amount of the fine on the basis of the total worldwide turnover of the legal person in the business year preceding the year in which the offence was committed or in the business year preceding the decision to impose the fine.

Amendment  115

Proposal for a directive

Article 16 – title

Text proposed by the Commission	Amendment
Investigation and prosecution and limitation periods	Investigation and prosecution

Amendment  116

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

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

Amendment  117

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2

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

Amendment  118

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

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

Amendment  119

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

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

Amendment  120

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

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

Amendment  121

Proposal for a directive

Article 16 – paragraph 3

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

Amendment  122

Proposal for a directive

Article 16 – paragraph 4

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

Amendment  123

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission	Amendment
	Article 16a
	Limitation periods
	Member States shall take the necessary measures to ensure that no limitation period applies to the offences referred to in Article 3 to 9.

Amendment  124

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without affecting Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse].	2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services, without prejudice to Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse].
__________________	__________________
24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).	24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).
25 Regulation (EU)	25 Regulation (EU)

Amendment  125

Proposal for a directive

Article 17 – paragraph 3

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

Amendment  126

Proposal for a directive

Article 17 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall exempt professionals working in the health care sectors in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.	4. Member States shall exempt professionals active in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.

Amendment  127

Proposal for a directive

Article 17 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender-sensitive reporting mechanisms. Member States shall ensure that those reporting mechanisms are adequately resourced, including in terms of funding and staffing

Amendment  128

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission	Amendment
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.	1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities free of charge, safely and in an easy, confidential, and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Amendment  129

Proposal for a directive

Article 18 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Member States shall take the necessary measures to ensure the possibility of third-party reporting, including by making use of the reporting mechanism referred to in paragraph 1.

Amendment  130

Proposal for a directive

Article 18 – paragraph 2

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

Amendment  131

Proposal for a directive

Article 18 – paragraph 2 a (new)

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

Amendment  132

Proposal for a directive

Article 18 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.	3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, as well as from using them for the purpose of carrying out return procedures.

Amendment  133

Proposal for a directive

Article 19 – paragraph 6

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

Amendment  134

Proposal for a directive

Article 19 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6 a. Member States shall, where appropriate, ensure efficient cooperation with Eurojust and Europol concerning criminal proceedings and investigations related to child sexual abuse offences and concerning the transfer of such proceedings, particularly in cases involving multiple Member States. Such cooperation shall facilitate cross-border information exchange, joint investigations, and assistance in prosecution endeavours.

Amendment  135

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission	Amendment
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.	1. Member States shall ensure that child victims of the offences referred to in Articles 3 to 9 are provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child, irrespective of whether they have filed a formal complaint.

Amendment  136

Proposal for a directive

Article 20 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Member States shall ensure the provision of easily accessible, free of charge and comprehensive healthcare services for child victims of sexual abuse or exploitation, including sexual and reproductive healthcare.

Amendment  137

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.	1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably provide victims of offences referred to in Articles 3 to 9 with easily accessible referral centres, that may form part of the national healthcare system, to ensure effective support to child victims of sexual abuse or exploitation and to ensure the clinical management of sexual violence, including assisting in the safekeeping and documentation of evidence, in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Those centres shall provide trauma-sensitive support and, where necessary, referral to specialised trauma support and counselling for child victims. Member States shall ensure that child victims of sexual abuse or exploitation have access to medical and forensic examinations that may be provided in these centres or by referral to specialised centres or units. Member States shall ensure coordination between the referral centres and competent medical and forensic centres. All services referred to in this Article shall be provided in a child-friendly manner. Member States may provide that those centres are to be attached to the centres established under Article 28 of Directive (EU) 2024/1385 on combating violence against women and domestic violence. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family, in line with the best interest of the child.

Amendment  138

Proposal for a directive

Article 21 – paragraph 2

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

Amendment  139

Proposal for a directive

Article 21 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The services referred to in paragraphs 1 and 2 shall be available free of charge, and shall be accessible every day of the week, without prejudice to those services that are provided for under the national healthcare system. Member States shall ensure a sufficient geographical distribution and capacity of the services referred to in paragraphs 1 and 2, across the Member State.

Amendment  140

Proposal for a directive

Article 21 – paragraph 3

Text proposed by the Commission	Amendment
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placed with other family members, where necessary in temporary or permanent housing, equipped with support services.	3. Where necessary, Member States shall ensure that children are provided with interim accommodation. Children shall, as a priority, be placed with other family members, taking into account their best interest, where necessary in temporary or permanent housing, equipped with support services.

Amendment  141

Proposal for a directive

Article 21 – paragraph 4

Text proposed by the Commission	Amendment
4. Victims of offences punishable under this Directive shall have access to the referral centres established under Article 28 of Directive […/…/EU Proposed violence against women Directive]26 .	4. Member States shall ensure that victims of offences punishable under this Directive have access to the referral centres established under Article 26 of Directive […/…/EU Proposed violence against women Directive]26 .
__________________	__________________
26 COM(2022) 105 of 08.03.2022.	26 COM(2022) 105 of 08.03.2022.

Amendment  142

Proposal for a directive

Article 21 – paragraph 7

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

Amendment  143

Proposal for a directive

Article 21 – paragraph 9 – introductory part

Text proposed by the Commission	Amendment
9. The EU Centre, once established, shall proactively support Member States’ efforts on assistance to victims by:	9. Member States' efforts on assistance to victims shall be proactively supported by the EU Centre, once established by:

Amendment  144

Proposal for a directive

Article 22 – title

Text proposed by the Commission	Amendment
Protection of child victims in criminal investigations and proceedings	Protection of children in criminal investigations and proceedings

Amendment  145

Proposal for a directive

Article 22 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.	1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family. All authorities involved in the proceedings shall be trained in child-friendly justice.

Amendment  146

Proposal for a directive

Article 22 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities;	(a) interviews with the child victim or, where applicable, with a child witness, take place without unjustified delay after the facts have been reported to the competent authorities;

Amendment  147

Proposal for a directive

Article 22 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) interviews with the child victim take place in premises designed or adapted for this purpose;	(b) interviews with the child victim or, where applicable, with a child witness, take place in premises designed or adapted for this purpose;

Amendment  148

Proposal for a directive

Article 22 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) interviews with the child victim are carried out by or through professionals trained for this purpose;	(c) interviews with the child victim or, where applicable, with a child witness, are carried out by or through professionals trained for this purpose;

Amendment  149

Proposal for a directive

Article 22 – paragraph 3 – point d

Text proposed by the Commission	Amendment
(d) the same persons, if possible and where appropriate, conduct all interviews with the child victim;	(d) the same persons, if possible and where appropriate, conduct all interviews with the child victim or, where applicable, with a child witness;

Amendment  150

Proposal for a directive

Article 22 – paragraph 3 – point f

Text proposed by the Commission	Amendment
(f) the child victim may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.	(f) the child victim or, where applicable, with a child witness, may be accompanied by his or her legal representative or, where appropriate, by an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.

Amendment  151

Proposal for a directive

Article 22 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.	4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where applicable, with a child witness, may be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.

Amendment  152

Proposal for a directive

Article 22 – paragraph 5 – point b

Text proposed by the Commission	Amendment
(b) the child victim be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.	(b) the child victim or, where applicable, a child witness, be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.

Amendment  153

Proposal for a directive

Article 22 – paragraph 6

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

Amendment  154

Proposal for a directive

Article 22 – paragraph 7

Text proposed by the Commission	Amendment
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings.	7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s vulnerabilities in the relevant court proceedings, including those related to the child’s age, maturity and mental and physical wellbeing. Member States shall ensure this applies to all children, including those suspected, accused of, or convicted of a crime.

Amendment  155

Proposal for a directive

Article 23 – paragraph 2

Text proposed by the Commission	Amendment
2. In addition to their rights under Article 16a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], victims shall be allowed to request compensation in the context of criminal and civil proceedings for any damage caused to them by any of the offences punishable under this Directive, for a sufficient period of time, commensurate with the gravity of the offence, after reaching the age of majority.	2. In addition to their rights under Article 16a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], victims shall be allowed to request compensation in the context of criminal and civil proceedings for any damage caused to them by any of the offences punishable under this Directive. Member States shall ensure that no limitation period applies to the victim’s right to compensation.

Amendment  156

Proposal for a directive

Article 23 – paragraph 3

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

Amendment  157

Proposal for a directive

Article 23 – paragraph 3 – point a

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

Amendment  158

Proposal for a directive

Article 23 – paragraph 3 – point b

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

Amendment  159

Proposal for a directive

Article 23 – paragraph 3 – point c

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

Amendment  160

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Member States shall establish national authorities or equivalent entities to carry out the following activities:	Member States shall establish or appoint national authorities or equivalent entities to carry out the following activities:

Amendment  161

Proposal for a directive

Article 24 – paragraph 2

Text proposed by the Commission	Amendment
In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31.	In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31.
	In carrying out the activities listed in paragraph 1, Member States shall be supported by the EU Centre, once established.

Amendment  162

Proposal for a directive

Article 25 – paragraph 1

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

Amendment  163

Proposal for a directive

Article 25 a (new)

Text proposed by the Commission	Amendment
	Article 25a
	International Cooperation
	Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ competent authorities, Europol, Eurojust and the EU Centre shall, within their respective competences and in the limits of their respective remit, cooperate with competent authorities of third countries in the fight against the criminal offences referred to in Articles 3 to 8b.

Amendment  164

Proposal for a directive

Article 26

Text proposed by the Commission	Amendment
Article 26	deleted
Measures against advertising abuse opportunities and the sexual abuse and sexual exploitation of children in travel and tourism
Member States shall take appropriate measures to prevent or prohibit:
(a) the dissemination of material advertising the opportunity to commit any of the offences referred to in Articles 3 to 8 ; and
(b) the organisation for others, whether or not for commercial purposes, of travel arrangements with the purpose of committing any of the offences referred to in Articles 3 , 4 and 5.

Amendment  165

Proposal for a directive

Article 27 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.	1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have easy and anonymous access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed as well as to accessible, easy-to-use, safe and readily available channels such as helplines and online chats, operated by appropriately trained personnel.
	Member States shall take the necessary measures to ensure that resources and support groups are available for persons who fear that their family member might commit any of the offences referred to in Articles 3 to 9.

Amendment  166

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the programmes or measures referred to in paragraph 1 are accessible without undue restrictions in line with national standards concerning healthcare.	2. Member States shall ensure that the programmes or measures referred to in paragraph 1 are accessible without undue restrictions in line with national standards concerning healthcare, and that programmes are properly and continuously resourced.

Amendment  167

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission	Amendment
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .	1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures. Member States shall develop a communication strategy, national action plans, and promote dialogue and cooperation with civil society organisations, hotlines, helplines, public authorities and relevant informations society services.

Amendment  168

Proposal for a directive

Article 28 – paragraph 1 a (new)

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

Amendment  169

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.	2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material, including on digital literacy, on age-appropriate sexual education focusing on the notion of consent, on safe online and offline practices, as well as on the proper use of the internet and new technologies, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.

Amendment  170

Proposal for a directive

Article 28 – paragraph 3

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

Amendment  171

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.	Member States shall take appropriate measures to ensure the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, foster care, day care, sports clubs or religious communities by equipping children and adults, including parents and educators, with adequate skills for detecting potential malicious behaviour.
	The measure shall include:

Amendment  172

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) dedicated training and awareness raising activities for staff working in such settings;	(a) dedicated training and awareness raising activities for staff, consultants and volunteers working in close contact with children, including on how to prevent, identify and provide an age-appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

Amendment  173

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;	(b) mandatory child safeguarding policies, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;

Amendment  174

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) the creation of safe spaces, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.	(c) the creation of safe and accessible spaces, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.

Amendment  175

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) the creation of helplines, online chats or other readily available channels run by appropriately trained personnel, where children can obtain information and advice regarding the offences referred to in Articles 3 to 8b.

Amendment  176

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 3

Text proposed by the Commission	Amendment
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.	Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental, intellectual, sensory or physical disabilities.

Amendment  177

Proposal for a directive

Article 28 – paragraph 5 – introductory part

Text proposed by the Commission	Amendment
5. The EU Centre, once established, shall proactively support Member States’ prevention efforts by:	5. For the purpose of this Directive, Member States shall be proactively supported by the EU Centre, once established by:

Amendment  178

Proposal for a directive

Article 28 – paragraph 5 – point c

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

Amendment  179

Proposal for a directive

Article 28 – paragraph 5 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) supporting the development of national awareness-raising and prevention campaigns, educational and intervention programmes, tools and materials.

Amendment  180

Proposal for a directive

Article 28 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. Member States shall ensure that the actions listed in paragraph 5 are evidence-based and that those actions take into account the evolving manifestations of the offences listed in the Directive, including online.

Amendment  181

Proposal for a directive

Article 29 – paragraph 5 – point b

Text proposed by the Commission	Amendment
(b) consent to their participation in the programmes or measures with full knowledge of the facts;	(b) agree to their participation in the programmes or measures with full knowledge of the facts;

Amendment  182

Proposal for a directive

Article 30 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States may take measures to block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.	2. Member States may take measures to promptly block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress.

Amendment  183

Proposal for a directive

Article 31 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall have a system in place for the collection, development, production and dissemination of public statistics on offences referred to in Articles 3 to 9.	1. Member States shall have a system in place for recording, production and provision of anonymised statistical data on the reporting, investigative and judicial stages in relation to the criminal offences referred to in Articles 3 to 9 in order to monitor the effectiveness of their measures to combat the sexual abuse and sexual exploitation of children.

Amendment  184

Proposal for a directive

Article 31 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:	2. The statistics shall include the following data disaggregated by sex, gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence:

Amendment  185

Proposal for a directive

Article 31 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the annual number of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;	(b) the annual number of offences reported, of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;

 

 

EXPLANATORY STATEMENT

 

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

 

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

 

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

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

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

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

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

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

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

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

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

 

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

 

 

 

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the report, prior to the adoption thereof in committee:

Entity and/or person

Terre des Hommes

INHOPE

Brave Movement

Offlimits

ECLAG

National coordinator Online Child Sexual Exploitation Netherlands National Police

Stichting Strijd Tegen Misbruik

European Commission

Europol

Eurojust

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

 

 

ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

European Parliament 2024-2029

 

Committee on Legal Affairs

The Chair

 

27.11.2024

Mr Javier Zarzalejos

Chair

Committee on Civil Liberties, Justice and Home Affairs

BRUSSELS

Subject: Opinion on a proposal for a directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast) (COM(2024)0060 – C9‑0028/2024 – 2024/0035(COD))

Dear Mr Chair,

The Committee on Legal Affairs examined the proposal referred to above pursuant to Rule 113 of Parliament's Rules of Procedure, on recasting.

 

Paragraph 3 of that Rule reads as follows:

 

“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

 

In such a case, over and above the conditions laid down in Rules 187 and 188, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

 

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Following the here attached opinion of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.

In conclusion, at its meeting of 18 November 2024, the Committee on Legal Affairs unanimously[2] decided to recommend that the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, continue with the examination of the above proposal in accordance with Rule 113.

 

Yours sincerely,

Ilhan Kyuchyuk

 

Encl.: Opinion of the Consultative Working Party

 

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES

Brussels, 26 April 2024

OPINION

 FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

  THE COUNCIL

  THE COMMISSION

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

COM(2024)0060 of 6.2.2024 – 2024/0035(COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 23 February 2024 for the purpose of examining the aforementioned proposal submitted by the Commission.

 

At that meeting[3], an examination of the proposal for a Directive of the European Parliament and of the Council recasting Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA resulted in the Consultative Working Party’s establishing, by common accord, that the following should have been marked with the grey-shaded type generally used for identifying substantive amendments:

- in recitals 2, 4, 5, 7, 10, 15, 17, 18, 20, 21, 39, 54, 56, 58 and 59, in Article 1 and in Articles 2(3), 5(2) to (6) and (9), 6(2), 16(2) and (5) and 30(1) and (2), the replacement of the word ‘pornography’ with the term ‘sexual abuse material’;

- in recitals 3 and 28, the deletion of the word ‘pornography’;

- in recital 9 and in Articles 2(5), and 4(2), (3) and (4), the replacement of the word ‘pornographic’ with the term ‘child sexual abuse’;

- in recital 20, the adding of the words ‘not be considered to be committed’;

- in recital 20 and in Article 10(2), the deletion of the word ‘pornographic’;

- in recital 43, the deletion of the word ‘Particular’ preceding the word ‘care’ in the third sentence of recital 34 of Directive 2011/93/EU;

- in Article 10(1) and (2), the deletion of the words ‘who are close in age and degree of psychological and physical development or maturity’;

- in Article 14(1), introductory wording, the replacement of the reference made to ‘Article 12(1)’ in Article 13(1), introductory wording, of Directive 2011/93/EU with a new reference to ‘Article 13’.

 

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.

 

 

 

 

F. DREXLER    E. FINNEGAN  D. CALLEJA CRESPO

Jurisconsult    Jurisconsult  Director-General

 

 

 

OPINION OF THE COMMITTEE ON WOMEN'S RIGHTS AND GENDER EQUALITY (5.3.2025)

for the Committee on Civil Liberties, Justice and Home Affairs

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

(COM(2024)0060 – C9‑0028/2024 – 2024/0035(COD))

Rapporteur for opinion: Heléne Fritzon 

 

 

 

 

SHORT JUSTIFICATION

On the 6th of February 2024, the European Commission published its legislative proposal for a recast of Directive 2011/93/EU on combating the sexual abuse and exploitation of children, as well as child sexual abuse material, replacing Council Framework Decision 2004/68/JHA. This proposal aims to harmonise criminal law across the EU by addressing crimes such as child sexual abuse material, grooming, sexual assault and rape. The directive also seeks to establish robust measures for detecting and reporting online child sexual abuse, preventing such crimes, and supporting victims.

Child sexual abuse is a growing issue both online and offline. In 2023 alone, there were 1.3 million reports of child sexual abuse in the EU, amounting to over 3.4 million images and videos. Globally, reports have risen from 1 million in 2010 to nearly 35.9 million in 2023, including 105.6 million images and videos. Alarmingly, 9 out of 10 victims are girls, according to INHOPE data. The EU continues to host the majority of child sexual abuse material globally, with 59% of such content being hosted in Member States, according to the Internet Watch Foundation.

The proposal highlights the need to address the misuse of digital platforms for distributing child sexual abuse material and grooming. These crimes predominantly target girls and young women, with male perpetrators being the majority. The Rapporteur emphasises the critical importance of recognising child sexual abuse as a form of gender-based violence and incorporating gender-specific approaches to effectively combat these crimes.

The Rapporteur suggests amendments to prevention measures through targeted awareness campaigns by age and gender. Emphasizing the principle that only an explicit and informed ‘yes’ constitutes consent, the directive must ensure that consent is central to all prevention and support measures. Support for victims and survivors must be specialised and include an integrated gender perspective. To this end, the creation of an EU Centre is strongly endorsed, alongside the establishment of an Advisory Board composed of survivors and children’s rights experts. This board would provide guidance on children’s rights, prevention strategies, and victim support to the governance structures of the EU Centre.

Finally, the Rapporteur believes that this Directive could make a significant difference in combating child sexual abuse for all children. This exponential growth in the dissemination of child sexual abuse material underscores the urgency of updated legislation.

 

AMENDMENT

The Committee on Women's Rights and Gender Equality submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment  1

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) Child sexual abuse and exploitation has a strong gender component, which disproportionately affects girls, therefore qualifying as an extreme form of gender-based violence. Girls constitute the vast majority of victims depicted in child sexual abuse material and are significantly overrepresented in cases of child solicitation. In contrast, men account for the overwhelming majority of perpetrators. Reports indicate that nine out of 10 victims are young girls1a. 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 use of emerging technologies, such the AI, Virtual Reality (VR), Extended Reality (XR), deepfakes or other nudifying tools, leads to creation and dissemination of untruthful child sexual abuse material, while often disproportionally targeting girls. The ease with which emerging technologies can be used and the minimal technical expertise required to generate such material even on an industrial scale has heightened the urgency of addressing this issue. Those technologies are often being misused for child sexual offences in social media, networking, online gaming contexts and AI generated applications designed to engage children and increase risks such as solicitation, grooming, exposure to harmful content, and sexual exploitation or sexual abuse of children. Moreover, 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. Additionally, biases in artificial intelligence systems have been shown to disproportionately generate exploitative imagery of girls, reflecting and amplifying the vast majority of existing child sexual abuse material. Therefore, it should be taken into consideration that the use of artificial intelligence in generating child sexual abuse material risks contributing to the disproportionate victimisation of certain groups, such as girls. 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.
	_________________
	1a INHOPE Annual Report 2023 https://www.inhope.org/EN/articles/inhope-annual-report-2023

Amendment  2

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) Children are increasingly connected from a young age, and girls are particularly vulnerable to encountering and being subjected to cyber violence. Studies show that one out of 10 women has experienced some form of gender-based cyber violence since the age of 151a, with 58 % of girls reporting having faced online harassment1b. Three out of five girls have experienced at least one online sexual harm, and LGBTIQ+ children face higher risks of experiencing online sexual harm. Online sexual violence, including sexual harassment, abuse, and grooming, has reached unprecedented levels, disproportionately affecting girls and young women. Girls are disproportionately more exposed to sexually motivated sextortion, and child sexual abuse materials depicting girls increasingly becomes a currency in itself, traded amongst offenders, thereby exacerbating the underlying gender and social stereotypes and inequalities that perpetuate those abuses. Non-consensual image distribution overwhelmingly depicts young girls, exposing them to enormous trauma, which can also lead to episodes of self-harm. It is crucial to integrate a gender perspective into all measures designed to prevent and combat online child sexual abuse and the interception of online solicitation of children, while also addressing the root causes of gender-based violence and to ensure that digital platforms incorporate robust measures, including relevant human rights acts or recent legislation on violence against women, including cyber violence, in combating gender-based and cyber violence, to protect vulnerable users while addressing the systemic and disproportionate risks faced by girls and women.
	_________________
	1a EIGE paper on cyber violence against women and girls https://eige.europa.eu/newsroom/news/cyber-violence-growing-threat-especially-women-and-girls?
	1b GREVIO 2023 report https://www.coe.int/en/web/cyberviolence/cyberviolence-against-women

Amendment  3

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission	Amendment
	(11b) Unreported child sexual abuse and exploitation, which represents the majority of cases, should be addressed. Child sexual abuse also happens in family settings where domestic violence is prevalent and is therefore difficult to identify and report. 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 that regard, this Directive should 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 those offences.

Amendment  4

Proposal for a directive

Recital 11 c (new)

Text proposed by the Commission	Amendment
	(11c) Child sexual abuse can be exacerbated where it intersects with discrimination based on a combination of sex, gender and any other ground or grounds of discrimination as referred to in Article 21 of the Charter, namely race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation (‘intersectional discrimination’). Member States should therefore pay due regard to victims affected by such intersectional discrimination by taking specific measures to take that heightened level of risk into consideration when implementing the measures provided for by this Directive.

Amendment  5

Proposal for a directive

Recital 11 d (new)

Text proposed by the Commission	Amendment
	(11d) Children with disabilities are particularly vulnerable to sexual abuse and exploitation, particularly forced abortions, forced sterilisations and sexual violence. The Union, as party to the United Nations Convention on the rights of persons with disabilities  (CRPD), is also bound by the CRPD’s obligations on the protection of children with disabilities from child sexual abuse and exploitation. Moreover, sexual abuse and exploitation may lead to a disability in children, which can affect their development in life.

Amendment  6

Proposal for a directive

Recital 11 e (new)

Text proposed by the Commission	Amendment
	(11e) Violence, abuse and neglect against children are more prevalent in institutional settings. Children in orphanages are particularly at risk of violence, including verbal abuse, beatings and physical torture, sexual abuse including rape, and psychological harm including isolation, harassment and humiliating discipline1a.
	_________________
	1a https://www.hopeandhomes.org/why-it-matters/how-orphanages-harm-children/

Amendment  7

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 define and address the so-called child sexual abuse instruction manuals. 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 lowering barriers and providing the necessary know-how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.

Amendment  8

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’ 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. This includes any conduct aimed at building a relationship of trust with a child for the purpose of child sexual abuse and sexual exploitation, such as manipulation, flattery, issuing instructions via phone calls or using digital means to coerce or lure the child into harmful situations. Perpetrators who coerce or manipulate children with a view to committing offences under this Directive, should be held accountable and subject to prosecution under this Directive. Grooming is an exacerbated risk for children with vulnerabilities, such as those facing mental health issues, low self-esteem, struggles with their gender identity, or for children who are bullied, isolated in school, and also those with family issues, or with experiences with prior abuse, including domestic violence or sexual abuse1a.
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	1a https://cesie.org/en/resources/cesagram-report-grooming-missing-minors/

Amendment  9

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 Committee on the Rights of the Child and the Lanzarote Committee, 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). The provisions related to age of consent should not be interpreted as limiting in any manner the criminalisation of child sexual abuse and exploitation of children who have reached and are above the age of consent as no child can consent to their sexual abuse and therefore to sexual violence.

Amendment  10

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 and alcohol. It is essential to recognise that individuals in a state of incapacity cannot give informed and voluntary consent, making any sexual act under such circumstances inherently non-consensual.

Amendment  11

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, particularly girls, 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 of prolonged duration of the abuse, the above-mentioned 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. Member States should implement necessary measures to safeguard children’s well-being, mental health, and recovery from post-traumatic stress by ensuring adequate protection of victims’ identity and personal details from public media disclosure in judicial cases involving child victims of sexual abuse. Children should be protected from public overexposure, as such disclosures could profile, target, or re-traumatise the victims.

Amendment  12

Proposal for a directive

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) Member States should recognise the right of victims to define themselves as survivors, understood as a person who has experienced child sexual abuse or exploitation, irrespective of their legal status and their recognition as a victim of a crime by a legal system. This takes into account the different phases that a victim of sexual abuse and exploitation goes through, and has the aim of avoiding re-victimisation.

Amendment  13

Proposal for a directive

Recital 33

Text proposed by the Commission	Amendment
(33) Some forms of online child sexual abuse, such as the live streaming of abuse of children, often committed physically by persons present in third countries at the request of paying perpetrators in the EU, create particular investigative challenges, as the streamed abuse does not usually leave images or recorded traces behind. Cooperation with financial services defined in Article 2, point (b), of Directive 2002/65/EC of the European Parliament and of the Council15 and other relevant service providers can be crucial to overcome challenges in investigating and prosecuting such offences. Hence, to ensure effective investigation and prosecution, Member States should consider providing frameworks for close cooperation between financial services and other relevant service providers such as providers of live streaming services. This would reduce impunity and ensure that all of the offences covered by this Directive can be investigated effectively, using targeted and appropriate tools and resources.	(33) Some forms of online child sexual abuse, such as the live streaming of abuse of children, often committed physically by persons present in third countries at the request of paying perpetrators in the EU, create particular investigative challenges, as the streamed abuse does not usually leave images or recorded traces behind. Cooperation with financial services defined in Article 2, point (b), of Directive 2002/65/EC of the European Parliament and of the Council15 and other relevant service providers can be crucial to overcome challenges in investigating and prosecuting such offences. Hence, to ensure effective investigation and prosecution, Member States should consider providing frameworks for close cooperation between financial services and other relevant service providers such as providers of live streaming services. This would reduce impunity and ensure that all of the offences covered by this Directive can be investigated effectively, using targeted and appropriate tools and resources ensuring the swift conclusion of the procedures should include immediate blocking and removing harmful content promptly and granting access to necessary material for law enforcement to effectively pursue and prosecute offenders. This approach safeguards victims while holding perpetrators accountable.
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15 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16, ELI: http://data.europa.eu/eli/dir/2002/65/oj).	15 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16, ELI: http://data.europa.eu/eli/dir/2002/65/oj).

Amendment  14

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 or online. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent.

Amendment  15

Proposal for a directive

Recital 34 a (new)

Text proposed by the Commission	Amendment
	(34a) Member States, in accordance with the basic principles of their legal systems, should take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on mothers of child victims of sexual abuse and sexual exploitation when disobeying parental custody orders on the grounds that they have evidence of violence against children.

Amendment  16

Proposal for a directive

Recital 34 b (new)

Text proposed by the Commission	Amendment
	(34b) Member States should ensure that law enforcement authorities investigate, without undue delay, attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection, with a focus on strengthening victims' rights.

Amendment  17

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, including the vulnerabilities of the victim and disproportionate psychological effects on girls, in a trauma-, gender-, disability- and child-sensitive manner. 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. To prevent re-victimisation, law enforcement and related professionals should adopt gender-sensitive approaches that avoid perpetuating harm or gender bias during investigations and interactions with victims, as well as throughout the judicial process and beyond. Failure to implement such practices risks re-traumatising victims and deterring them from seeking justice. 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. It is important to note that the Barnahus model incorporates gender-sensitive approaches, ensuring that gender-specific vulnerabilities are considered when in contact with survivors, training of staff includes gender sensitivity, and services are adapted to gendered experiences. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate and tailored psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow 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 and carried out in a gender- and trauma-sensitive manner by trained professionals. 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 and gender- and trauma-sensitive 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, gender and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.

Amendment  18

Proposal for a directive

Recital 36 a (new)

Text proposed by the Commission	Amendment
	(36a) Member States should ensure comprehensive care for children as a subjective right, ensuring that victim and survivor reparations programs, with a gender perspective, are effective and accessible. In this regard, and recognising the Barnahus model as a positive reference, Member States should ensure its adequate funding 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 should be integrated and respect their status as full rights-holders. Only through such approaches can real and lasting protection of their rights be ensured, addressing their needs within a framework of justice that is adapted and sensitive to their overall development.

Amendment  19

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, in a gender-sensitive manner, taking into account specific needs and characteristics of each child and survivor. 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. 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.

Amendment  20

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, whether committed physically or through information and communication technologies, has a profound and lasting impact 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 sometimes life-long effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. In some cases, recollection of sexual abuse and subsequent suffered trauma in victims varies. In addition, due to the unavailability of information and understanding on what constitutes child sexual abuse and consent, survivors may only recognise suffered sexual abuse later in life. Therefore, Member States should provide and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation, in a gender-sensitive manner taking into account the specific needs and characteristics of each child.

Amendment  21

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. 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. Member States should ensure that the right to reparation or mitigation is not fulfilled solely through the right to monetary compensation, but also through comprehensive reparation beyond monetary means, including physical rehabilitation, granting access to health care, education or victims' services centres.

Amendment  22

Proposal for a directive

Recital 39 a (new)

Text proposed by the Commission	Amendment
	(39a) Prevention of child sexual abuse is of paramount importance to protect children. Member States should 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. Preventing child sexual abuse requires collaborative efforts across sectors, including education, healthcare, judicial systems, and community services. Furthermore, empowering primary carers, particularly mothers who often serve as frontline protectors, is essential to detecting and interrupting abusive situations.

Amendment  23

Proposal for a directive

Recital 39 b (new)

Text proposed by the Commission	Amendment
	(39b) Member States should ensure that law enforcement authorities investigate, without undue delay, attempts to solicit children for sexual purposes and that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection, with a focus on strengthening victims' rights.

Amendment  24

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 and support Member States in developing information and awareness raising campaigns. Given the purpose of this Directive, to combat and prevent child sexual abuse, the EU Centre should have a Children's Rights and Survivors Advisory Board composed of experts with an advisory function relating to children’s rights and the victims’ and survivors' perspective. The Children's Rights and Survivors Advisory Board may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate. The EU Centre should be empowered to collaborate with relevant competent authorities and support services, including victim protection centres, women’s shelters, specialised children’s services, social services, children’s rights organisations, and healthcare professionals in Member States. In doing so, the EU Centre should ensure a gender-sensitive approach and a child rights-based perspective, prioritising the needs and protection of child victims. 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, including gender- and age-disaggregated data. Such national authorities should serve as a national contact point and should take an integrative multi-stakeholder 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.
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16 COM (2022) 209 of 11.5.2022.

Amendment  25

Proposal for a directive

Recital 40 a (new)

Text proposed by the Commission	Amendment
	(40a) It is essential that Member States establish multidisciplinary structures to integrate expertise from law enforcement, child protection agencies, child sexual abuse survivors, healthcare professionals, educators and mental health specialists. Those structures should address the complexities of online sexual abuse and solicitation of children while taking into account the gender and age of child users, recognising that girls are disproportionately targeted in many forms of sexual exploitation and sexual abuse.

Amendment  26

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 educators in formal and non-formal educational settings, and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based and gender-sensitive approach, addressing specific vulnerabilities of girls and boys to different forms of sexual abuse and exploitation, thereby fostering the prevention of the crime. The initiatives aimed at educators, professionals and volunteers working with children and society at large should include campaigns on how to react when confronted with the disclosure of sexual abuse by a victim. Similar campaigns should tackle recognition and reporting online child sexual abuse material. 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, abilities and gender, including pre-school children. Recent figures show that child sexual abuse victims are increasingly younger, with 92 % of victims aged between three and 13. It is therefore important that this training is introduced at school, for both children and teachers, as early as possible. 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 online safety programs for children in educational settings, digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, including through the new digital threats raised by AI, VR and online grooming, seek support and prevent its perpetration. Furthermore, Member States should ensure the provision of comprehensive, age appropriate sexuality and relationships education, based on the principles of gender equality, non-discrimination and fundamental rights and should address, in particular, the central role of consent in sexual relationships, and to emphasise that consent can only be given voluntarily as a result of the person’s free will. Member States should also strengthen digital literacy and tailor digital education in schools with the aim of equipping children with the necessary tools for navigating the online space in a safe manner. Guaranteeing those educational measures in all schools helps children, their families, teachers, and social services, to identify and report abuse. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family-based care. Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.

Amendment  27

Proposal for a directive

Recital 43 a (new)

Text proposed by the Commission	Amendment
	(43a) To reduce the demand that fosters all forms of sexual exploitation of children, Member States should launch information and awareness-raising campaigns aimed at the general public to inform them about the changes in national law as a result of this Directive, including the increased sentencing, the legal consequences of child sexual abuse and exploitation, and the notion of consent. Those campaigns should emphasise the severe penalties for offenders, highlight the long-term consequences of engaging in such crimes, educate as to what lack of consent means, and in a clear and simple way inform individuals about the legal framework in place to combat child sexual exploitation.

Amendment  28

Proposal for a directive

Recital 43 b (new)

Text proposed by the Commission	Amendment
	(43b) Education programmes should be put in place by Member States, based on the practices of parents, carers and family members, to prevent sharing of nudes and semi-nudes of children via online application, or social media.

Amendment  29

Proposal for a directive

Recital 46

Text proposed by the Commission	Amendment
(46) Professionals likely to come into contact with child victims of sexual abuse and sexual exploitation should be adequately trained to identify and deal with such victims. To ensure child-friendly justice throughout the investigation and prosecution of child sexual abuse and sexual exploitation cases, that training should be promoted for members of the following categories when they are likely to come into contact with child victims: police officers, public prosecutors, lawyers, members of the judiciary and court officials, child and health care personnel, professionals in the education sector, including in early childhood education and care, social services, providers of victim support and restorative justice services, but could also involve other groups of persons who are likely to encounter child victims of sexual abuse and sexual exploitation in their work.	(46) Professionals likely to come into contact with child victims of sexual abuse and sexual exploitation should be adequately trained to identify and deal with such victims. They should be especially trained to treat them in a trauma-, gender- and child sensitive manner. Furthermore, appropriate training regarding different trauma responses, including an understanding of freezing – a trauma response common in rape and sexual abuse that renders the victims unable to move and causes them to be tense, still and silent, should be mandatory. To ensure child-friendly and gender-sensitive justice throughout the investigation and prosecution of child sexual abuse and sexual exploitation cases, that training should be mandatory for members of the following categories when they are likely to come into contact with child victims: police officers, public prosecutors, lawyers, members of the judiciary and court officials, child and health care personnel, professionals in the education sector, including in early childhood education and care, social services, providers of victim support and restorative justice services, but could also involve other groups of persons who are likely to encounter child victims of sexual abuse and sexual exploitation in their work.

Amendment  30

Proposal for a directive

Recital 54 a (new)

Text proposed by the Commission	Amendment
	(54a) Member States should ensure the systematic collection and reporting of data, disaggregated by sex/gender, age group (child/adult) of the victim and of the offender, the relationship between the victim and the offender and type of offence, whether the victim had a disability, and the context in which the offence took place, as well as in relation to intersecting forms of discrimination and other relevant sociodemographic characteristics, and evaluate them in order to implement effective prevention and to combat child sexual abuse and exploitation. Such data are vital for analysing the differing impacts of those crimes on boys and girls and for developing targeted, evidence-based prevention strategies and support measures tailored to their specific needs. Member States should also incorporate the collection of sex- and gender-disaggregated data as part of the national data collection measures to evaluate aggravating circumstances. This will provide insights into gender-specific trends in sexual abuse and inform future prevention strategies and policy adjustments.

Amendment  31

Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Text proposed by the Commission	Amendment
	(2a) ‘consent of the child above the age of sexual consent’ means any freely given, explicit, informed and unambiguous indication of the child’s agreement to a sexual act, in the context of the surrounding circumstances as a consequence of the exercise of free will on the part of the child concerned;

Amendment  32

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 real or simulated sexually explicit conduct, including material created using artificial intelligence, deepfake technologies, or augmented, extended, or virtual reality settings;

Amendment  33

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 of genital or anal area of a child for primarily sexual purposes;

Amendment  34

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) material that sexualises a child and that is intended for sexual purposes, without having the genital or anal area of a child in focus or depicting a child engaged in real or simulated sexually explicit conduct;

Amendment  35

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, regardless of any additional, unrealistic elements depicted in addition to the child, engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes;

Amendment  36

Proposal for a directive

Article 2 – paragraph 1 – point 3 a (new)

Text proposed by the Commission	Amendment
	(3a) 'child sexual abuse instruction manual' means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;

Amendment  37

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

Amendment  38

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 persons, including by means of information and communication technology, of:

Amendment  39

Proposal for a directive

Article 2 – paragraph 1 – point 5 a (new)

Text proposed by the Commission	Amendment
	(5a) ‘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; sexual extortion of children could involve gender-based violence;

Amendment  40

Proposal for a directive

Article 2 – paragraph 1 – point 5 b (new)

Text proposed by the Commission	Amendment
	(5b) ‘grooming’ means the process of establishing or building a relationship with a child either in person or through the use of the internet or other digital technologies to facilitate either online or in-person sexual contact;

Amendment  41

Proposal for a directive

Article 2 – paragraph 1 – point 5 c (new)

Text proposed by the Commission	Amendment
	(5c) ‘conversion therapy’ means any treatment aimed at changing a person's sexual orientation or gender identity;

Amendment  42

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.

Amendment  43

Proposal for a directive

Article 2 – paragraph 1 – point 8 a (new)

Text proposed by the Commission	Amendment
	(8a) ‘information and communication technologies’ means all technological tools and resources used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services;

Amendment  44

Proposal for a directive

Article 2 – paragraph 1 – point 8 b (new)

Text proposed by the Commission	Amendment
	(8b) ‘hosting’ means providing of a hosting service as defined in Article 3, point (g)(iii), of Regulation (EU) 2022/2065;

Amendment  45

Proposal for a directive

Article 3 – title

Text proposed by the Commission	Amendment
Offences concerning sexual abuse	Offences concerning child sexual abuse

Amendment  46

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 regardless of whether committed physically or through the use of information and communication technologies.

Amendment  47

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.

Amendment  48

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 or an object shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment  49

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

Amendment  50

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, such as but not limited to a state of unconsciousness, intoxication, freezing, illness, sleep, fear or bodily injury, or a situation of dependence, living in an institutionalised environment or a child deprived of liberty, shall be punishable by a maximum term of imprisonment of at least 10 years; or

Amendment  51

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, extortion, force or threats shall be punishable by a maximum term of imprisonment of at least 12 years.

Amendment  52

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.

Amendment  53

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 or themselves or an object in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

Amendment  54

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.

Amendment  55

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) consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances; a non-consensual act is understood as an act which is performed without the child’s explicit 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, sleep, fear, intoxication, chemical submission, freezing, illness, bodily injury, disability or being in an otherwise particularly vulnerable situation;

Amendment  56

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 child’s silence, verbal or physical non-resistance or past sexual conduct or any past or present relationship with an offender cannot be considered as having given consent.

Amendment  57

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.

Amendment  58

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.

Amendment  59

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.

Amendment  60

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.

Amendment  61

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.

Amendment  62

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.

Amendment  63

Proposal for a directive

Article 4 – paragraph 7 a (new)

Text proposed by the Commission	Amendment
	7a. Coercing or forcing a child to share intimate material depicting the child under the threat of sharing the material shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment  64

Proposal for a directive

Article 4 – paragraph 7 b (new)

Text proposed by the Commission	Amendment
	7b. Coercing or forcing a child to engage in sexual activities within the context of a conversion therapy practice shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment  65

Proposal for a directive

Article 4 – paragraph 7 c (new)

Text proposed by the Commission	Amendment
	7c. Grooming a child with the aim of engaging with them in sexual activities shall be punishable by a maximum term of imprisonment of at least 8 years.

Amendment  66

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 by any means shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment  67

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. Hosting, offering, supplying or making available child sexual abuse material by any means shall be punishable by a maximum term of imprisonment of at least 2 years.

Amendment  68

Proposal for a directive

Article 5 a (new)

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

Amendment  69

Proposal for a directive

Article 6 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) proposing , by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;	(a) proposing, by means of information and communication technology, to meet a child either online or in person, for the purpose of committing any of the offences referred to in Article 3(4), (5), (6), (7), (8), Article 4(2), (3), (5), (6) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;

Amendment  70

Proposal for a directive

Article 6 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force or threats.	(b) The conduct referred to in the first subparagraph shall be punishable by a maximum term of imprisonment of at least 2 years where use is made of coercion, force, threats, intimidation or grooming.

Amendment  71

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

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

Amendment  72

Proposal for a directive

Article 7 – paragraph 1

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

Amendment  73

Proposal for a directive

Article 10 – paragraph 1

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

Amendment  74

Proposal for a directive

Article 10 – paragraph 2

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

Amendment  75

Proposal for a directive

Article 10 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, in so far as the acts did not involve any abuse.	where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, in so far as the acts did not involve any abuse, exploitation, coercion, force, threats or intimidation.

Amendment  76

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 1

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

Amendment  77

Proposal for a directive

Article 10 – paragraph 5 – subparagraph 3

Text proposed by the Commission	Amendment
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.	The child’s silence, verbal or physical non-resistance or past conduct or any past or present relationship with an offender cannot be considered as having given consent.

Amendment  78

Proposal for a directive

Article 10 – paragraph 6

Text proposed by the Commission	Amendment
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or dissemination of that same image or video.	6. Consensual production and sharing of one’s intimate images, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image or video or similar material.

Amendment  79

Proposal for a directive

Article 11 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) the offence was committed in the presence of another child;

Amendment  80

Proposal for a directive

Article 11 – paragraph 1 – point g

Text proposed by the Commission	Amendment
(g) the offence involved serious violence or caused serious harm to the child ;	(g) the offence involved serious violence or caused serious physical and/or psychological harm to the child;

Amendment  81

Proposal for a directive

Article 11 – paragraph 1 – point g a (new)

Text proposed by the Commission	Amendment
	(ga) the offence resulted in a disability of the child;

Amendment  82

Proposal for a directive

Article 11 – paragraph 1 – point h

Text proposed by the Commission	Amendment
(h) the offence was committed repeatedly;	(h) the offence was committed repeatedly and/or continuously over a period of time;

Amendment  83

Proposal for a directive

Article 11 – paragraph 1 – point h a (new)

Text proposed by the Commission	Amendment
	(ha) the intention of the offence was to preserve or restore the so-called ‘honour’ of a person, a family, a community or another similar group;

Amendment  84

Proposal for a directive

Article 11 – paragraph 1 – point j a (new)

Text proposed by the Commission	Amendment
	(ja) the offence was motivated by discrimination on the grounds of gender, sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;

Amendment  85

Proposal for a directive

Article 11 – paragraph 1 – point j b (new)

Text proposed by the Commission	Amendment
	(jb) the offender has, by means of force or coercion, compelled one or more other persons to partake in the offence;

Amendment  86

Proposal for a directive

Article 11 – paragraph 1 – point j c (new)

Text proposed by the Commission	Amendment
	(jc) the offence was committed within the context of a conversion therapy practice.

Amendment  87

Proposal for a directive

Article 12 – paragraph 1

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

Amendment  88

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 1

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

Amendment  89

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;	(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;

Amendment  90

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;	(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years of imprisonment;

Amendment  91

Proposal for a directive

Article 16 – paragraph 2 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment.	(c) no limitation period shall be applied for the offences punishable under this Directive by a maximum penalty of at least 8 years of imprisonment

Amendment  92

Proposal for a directive

Article 16 – paragraph 4

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

Amendment  93

Proposal for a directive

Article 17 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Member States shall ensure that all professionals and volunteers working in close contact with children are informed and trained on how to identify and report child sexual abuse and exploitation, following the best interests of the child.

Amendment  94

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission	Amendment
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.	1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report through diversified mechanisms the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.

Amendment  95

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly manner and language, in accordance with their age and maturity. Member States shall ensure reporting is not conditional upon parental consent.	2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidential and designed in a child-friendly, accessible, gender- and trauma- sensitive manner and language, in accordance with victim’s age and maturity. Member States shall ensure reporting is not conditional upon parental consent.

Amendment  96

Proposal for a directive

Article 20 – paragraph 1

Text proposed by the Commission	Amendment
1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.	1. Child victims of the offences referred to in Articles 3 to 9 shall be provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account possible intersectional discrimination and the best interests of the child.

Amendment  97

Proposal for a directive

Article 20 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall ensure the provision of easily accessible, free of charge and comprehensive healthcare services, including sexual and reproductive healthcare for child victims of sexual abuse or exploitation. Those services shall include access to safe and legal abortion, emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections.

Amendment  98

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection for children who report cases of abuse within their family.	1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support including gender-sensitive services addressing the specific needs of girls and women, are provided to victims and survivors as soon as a report is made both and during criminal proceedings and as long as needed after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family paying special attention to the fact that those cases could also involve gender-based violence.

Amendment  99

Proposal for a directive

Article 21 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall establish age-appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation in line with Barnahus’ model standards, ensuring gender-, trauma- and disability- sensitivities are considered when in contact with victims, and that such centres are staffed by adequately trained professionals.

Amendment  100

Proposal for a directive

Article 21 – paragraph 2

Text proposed by the Commission	Amendment
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.	2. Victims shall be provided with comprehensive, specialist, coordinated, need and age-appropriate gender- and trauma- sensitive medical care, including access to sexual and reproductive healthcare services, emotional, psychosocial, psychological, legal and educational and administrative support, as well as any other appropriate support tailored in particular to situations of sexual abuse, with special attention to the long-term recovery of child victims and survivors.

Amendment  101

Proposal for a directive

Article 21 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Victims shall upon their request and on opt-out basis receive information regarding any instances of child sexual abuse material depicting them that is or has been disseminated in the Union.

Amendment  102

Proposal for a directive

Article 21 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. Member States shall, in particular, take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with Article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250(COD)).

Amendment  103

Proposal for a directive

Article 21 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Families of victims of sexual abuse shall be provided with tailored, age-appropriate, gender-sensitive, trauma-informed and accessible information, support and assistance.

Amendment  104

Proposal for a directive

Article 21 – paragraph 9 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) ensuring that collected information includes best practices on addressing the specific needs of girls and women as victims of sexual abuse and exploitation;

Amendment  105

Proposal for a directive

Article 22 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that child victims are entitled to participate in criminal proceedings, and they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns, with a view to avoiding secondary victimisation.

Amendment  106

Proposal for a directive

Article 22 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that child victims have, without delay, access to legal counselling and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge where the victim does not have sufficient financial resources.	2. Member States shall ensure that child victims have, without delay, access to legal counselling and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge.

Amendment  107

Proposal for a directive

Article 22 – paragraph 3 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) measures to avoid visual contact between victims and offenders, including during the giving of evidence, by appropriate means including the use of communication technology, are introduced;

Amendment  108

Proposal for a directive

Article 22 – paragraph 3 – point f a (new)

Text proposed by the Commission	Amendment
	(fa) appropriate measures are taken to ensure the child victim can effectively communicate their testimony, including access to interpreters where necessary;

Amendment  109

Proposal for a directive

Article 22 – paragraph 3 – point g

Text proposed by the Commission	Amendment
(g) medical examinations of the child victim for the purposes of the criminal proceedings are as limited as possible and are carried out by professionals trained for this purpose.	(g) medical examinations of the child victim for the purposes of the criminal proceedings are as limited as possible and are carried out by professionals trained for this purpose, using child- and gender-sensitive and trauma-informed approaches, and taking into account the needs of children with disabilities.

Amendment  110

Proposal for a directive

Article 23 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall ensure that their competent authorities pay directly to the victim the adjudicated compensation without undue delay. The competent authorities shall be subrogated to the right of the victim in relation to the offender for the amount of the adjudicated compensation.

Amendment  111

Proposal for a directive

Article 23 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) at least 20 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;	(a) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;

Amendment  112

Proposal for a directive

Article 23 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) at least 25 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;	(b) at least 35 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 5 years;

Amendment  113

Proposal for a directive

Article 23 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) at least 30 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 8 years.	(c) no limitation period shall be applied for the offences punishable under this Directive by a maximum penalty of at least 8 years.

Amendment  114

Proposal for a directive

Article 28 – paragraph 1

Text proposed by the Commission	Amendment
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures .	1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such as education and training, including gender- sensitive, age-appropriate, comprehensive sexuality education information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures including psychological support and monitoring, while ensuring confidentiality and anonymity.

Amendment  115

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation.	2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material, including comprehensive age- appropriate sexuality and relationships education, based on the principles of gender equality, non-discrimination and fundamental rights and shalladdress, in particular, the central role of consent in sexual relationships, and to emphasise that consent can only be given voluntarily as a result of the person’s free will where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness supporting children to recognise sexual violence, understand their rights and therefore reduce the risk of children, becoming victims of sexual abuse or sexual exploitation, both physically or through the use of information and communication technologies. Member States shall ensure that such action incorporates a gender perspective, addressing the specific vulnerabilities of girls and boys to different forms of sexual abuse and exploitation.

Amendment  116

Proposal for a directive

Article 28 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall develop awareness-raising campaigns and programmes targeted at children, to increase knowledge that non-consensual sex is considered a criminal offence, and shall promote the understanding that consent must be given voluntarily as a result of a person’s free will, mutual respect, and the right to sexual integrity and bodily autonomy. Such material shall be adapted to the evolving capacity of the persons to whom it is addressed.

Amendment  117

Proposal for a directive

Article 28 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall promote regular training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.	3. Member States shall ensure and facilitate regular and specialised training, including in child friendly justice and gender sensitivity for professionals, judges and for officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including, but not limited to, child protection professionals, legal professionals, child care, healthcare professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation. Such training shall be human-rights based, victim-centred and gender-, disability- and child-sensitive.

Amendment  118

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settings, including schools, hospitals, social care services, sports clubs or religious communities.	Member States shall take appropriate measures to ensure the prevention of child sexual abuse in all community settings and organisations whose staff and volunteers work in close contact with children, including schools, hospitals, day-care centres, social care services, sports clubs or religious communities.

Amendment  119

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) dedicated training and awareness raising activities for staff working in such settings;	(a) dedicated training and awareness raising activities for staff and volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender-sensitive and trauma-informed response to child sexual abuse and exploitation;

Amendment  120

Proposal for a directive

Article 28 – paragraph 4 – subparagraph 3

Text proposed by the Commission	Amendment
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.	Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children from racial and ethnic minorities, children in contexts of migration, LGBTIQ+ children, children living in poverty and children with mental or physical disabilities or a vulnerable state of health.

Amendment  121

Proposal for a directive

Article 28 – paragraph 5 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) supporting them in the development of information and awareness-raising campaigns.

Amendment  122

Proposal for a directive

Article 29 – paragraph 1

Text proposed by the Commission	Amendment
1. Without prejudice to intervention programmes or measures imposed by the competent judicial authorities under national law, Member States shall take the necessary measures to ensure that dedicated and effective intervention programmes or measures are made available to prevent and minimise the risks of repeated offences of a sexual nature against children. Such programmes or measures shall be accessible at any time during the criminal proceedings, and shall be available both inside and outside prison, in accordance with national law.	1. Without prejudice to intervention programmes or measures imposed by the competent judicial authorities under national law, Member States shall take the necessary measures to ensure that dedicated and effective intervention programmes or measures are made available to prevent and minimise the risks of repeated offences of a sexual nature against children. Such programmes or measures shall be accessible at any time during the criminal proceedings, and shall be available both inside and outside prison, in accordance with national law. Member States shall encourage participation of offenders in those programmes.

Amendment  123

Proposal for a directive

Article 31 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence:	2. The statistics shall include the following data disaggregated by at least sex/gender, age of the victim and of the offender, relationship between the victim and the offender and type of offence and aggravating circumstances:

Amendment  124

Proposal for a directive

Article 31 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the annual number of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;	(b) the annual number of offences reported, of persons prosecuted for and convicted of the offences referred to in Articles 3 to 9, obtained from national administrative sources;

 

 

ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion:

Entity and/or person

The French Coordination for the European Women’s Lobby

ECLAG - Ending Child Sexual Abuse Group

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)
References	COM(2024)0060 – C9-0028/2024 – 2024/0035(COD)
Committee(s) responsible	LIBE
Opinion by  Date announced in plenary	FEMM 25.4.2024
Rapporteur for the opinion  Date appointed	Heléne Fritzon 21.11.2024
Discussed in committee	27.1.2025
Date adopted	3.3.2025
Result of final vote	+: –: 0:	25 2 4
Members present for the final vote	Mathilde Androuët, Irmhild Boßdorf, Margarita de la Pisa Carrión, Rosa Estaràs Ferragut, Viktória Ferenc, Heléne Fritzon, Lina Gálvez, Alexandra Geese, Arba Kokalari, Elena Kountoura, Judita Laššáková, Eleonora Meleti, Irene Montero, Carolina Morace, Alessandra Moretti, Maria Noichl, Mirosława Nykiel, Sirpa Pietikäinen, Emma Rafowicz, Benedetta Scuderi, Laurence Trochu, Maria Walsh, Lucia Yar, Dainius Žalimas
Substitutes present for the final vote	Veronika Cifrová Ostrihoňová, Elisabeth Grossmann, Verena Mertens, Jana Toom, Jadwiga Wiśniewska
Members under Rule 216(7) present for the final vote	Jorge Buxadé Villalba, Bert-Jan Ruissen

 

 

FINAL VOTE BY ROLL CALL
BY THE COMMITTEE ASKED FOR OPINION

25	+
NI	Judita Laššáková
PPE	Rosa Estaràs Ferragut, Arba Kokalari, Eleonora Meleti, Verena Mertens, Mirosława Nykiel, Sirpa Pietikäinen, Maria Walsh
PfE	Mathilde Androuët, Viktória Ferenc
Renew	Veronika Cifrová Ostrihoňová, Jana Toom, Lucia Yar, Dainius Žalimas
S&D	Heléne Fritzon, Lina Gálvez, Elisabeth Grossmann, Alessandra Moretti, Maria Noichl, Emma Rafowicz
The Left	Elena Kountoura, Irene Montero, Carolina Morace
Verts/ALE	Alexandra Geese, Benedetta Scuderi

 

2	-
PfE	Jorge Buxadé Villalba, Margarita de la Pisa Carrión

 

4	0
ECR	Bert-Jan Ruissen, Laurence Trochu, Jadwiga Wiśniewska
ESN	Irmhild Boßdorf

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

LETTER FROM THE COMMITTEE ON CULTURE AND EDUCATION (4.2.2025)

Mr Javier Zarzalejos

Chair

Committee on Civil Liberties, Justice and Home Affairs

BRUSSELS

Subject: Opinion on a Proposal for a directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast) (COM(2024)0060 – C9‑0028/2024 – 2024/0035(COD))

Dear Mr Chair,

Under the procedure referred to above, the Committee on Culture and Education has been granted an opinion to your committee. At their meeting of 21 October 2024, the coordinators decided to send the opinion in the form of a letter. They considered the matter and endorsed the opinion on 03 December 2024.

The Committee on Culture and Education adopted the following position on 30 January 2025 and I call on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions into its final report.

Yours sincerely,

Nela Riehl

SUGGESTIONS

A. European strategies and national frameworks

Stresses the importance of mentioning the new European strategy for a better internet for kids (BIK+) as the digital arm of the rights of the child strategy to protect and empower young people online (Recital 3, Recital 40) and of the European Declaration on Digital Rights and Principles for the Digital Decade (Recital 3). Member States should adopt comprehensive frameworks to ensure that children's digital rights are prioritised, by combining prevention and education, with a particular focus on inclusive and equal access to a safe digital environment, justice and care for all children.

B. Online solicitation of children

Highlights the importance of continuously addressing emerging challenges, especially in the online environment, including in virtual worlds, and to carry out periodic evaluations of the legal framework; emphasizes the urgent need to address more effectively the solicitation of children, covering both in person and online means of communication, and explicitly include meetings taking place in both real and virtual worlds under Article 6, paragraph 1 (a).

C. Hotlines, helplines and support services

Underlines the role of hotlines and helplines to provide assistance to victims and their families, which should be mentioned under Article 21, paragraph 1; stresses that all support services for victims and their families should be comprehensive, specialised, accessible, child-friendly and available in one place, based on the “Barnahus” model (Article 21, paragraph 2);

D. Training for those interacting with children

Stresses the need for national frameworks to better integrate digital education and literacy at school as mandatory skills and an essential part of education; underlines that regular training should be provided for all those who have any contact with children, as a way to prevent and identify any form of child sexual abuse and exploitation, and ensure mandatory regular training for those working with children in all settings, formal and informal; stresses that volunteers and coaches should be mentioned in the list of those eligible to receive regular training, given their significant role in interacting with children and young people (Article 28 paragraph 2, Article 28 paragraph 3, Article 28 paragraph 4, Recital 36, Recital 46); this training must focus on creating equitable, safe, and inclusive environments for all children (Article 28 paragraph 4 (a));

E. Initiatives by organisations and safe spaces

Highlights that leading initiatives of 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 (such as hotlines and helplines), should be included in the list of entities that contribute to the creation of safe, accessible and inclusive spaces for children mentioned under Article 28 paragraph 4 (c); those spaces must prioritise community-based and child-centred approaches (Article 28 paragraph 4 (c));

F. Indicators and monitoring

Calls for Member States to set up indicators to measure on a regular basis (i.e. yearly) results concerning their awareness-raising and victim assistance programmes, including the impact, outreach, and effectiveness of the activities carried out, to be mentioned under Article 31 (c). A separate chapter should be entirely dedicated to the results related to the most marginalised and vulnerable groups.

 

 

 

ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, Zala Tomašič, the rapporteur for the CULT opinion, received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:

Entity and/or person

ECPAT International

Eurochild

ECLAG

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that she has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

 

 

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)
References	COM(2024)0060 – C9-0028/2024 – 2024/0035(COD)
Date submitted to Parliament	7.2.2024
Committee(s) responsible	LIBE
Committees asked for opinions  Date announced in plenary	CULT 25.4.2024	FEMM 25.4.2024
Rapporteurs  Date appointed	Jeroen Lenaers 24.9.2024
Discussed in committee	4.9.2024
Date adopted	13.5.2025
Result of final vote	+: –: 0:	57 0 0
Members present for the final vote	Jaume Asens Llodrà, Francisco Assis, Malik Azmani, Pernando Barrena Arza, Ioan-Rareş Bogdan, Krzysztof Brejza, Saskia Bricmont, Jaroslav Bžoch, Mélissa Camara, Susanna Ceccardi, Caterina Chinnici, Paulo Cunha, Lena Düpont, Raquel García Hermida-Van Der Walle, Branko Grims, Evin Incir, Assita Kanko, Alice Kuhnke, Fabrice Leggeri, Jeroen Lenaers, Lukas Mandl, Michael McNamara, Ana Catarina Mendes, Verena Mertens, Chloé Ridel, Ilaria Salis, Birgit Sippel, Krzysztof Śmiszek, Petra Steger, Tineke Strik, Tomas Tobé, Milan Uhrík, Elissavet Vozemberg-Vrionidi, Charlie Weimers, Alessandro Zan, Javier Zarzalejos
Substitutes present for the final vote	Katarina Barley, Özlem Demirel, Hannes Heide, Monika Hohlmeier, Dolors Montserrat, Jan-Christoph Oetjen, Gaetano Pedulla’, Pekka Toveri, Alexandre Varaut, Lucia Yar
Members under Rule 216(7) present for the final vote	Benoit Cassart, Valérie Deloge, Siegbert Frank Droese, Laurence Farreng, Virginie Joron, Andrey Kovatchev, Philippe Olivier, Tsvetelina Penkova, Hélder Sousa Silva, Thomas Waitz, Emma Wiesner
Date tabled	26.5.2025

 

 

 

 

 

FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE

57	+
ECR	Assita Kanko, Charlie Weimers
ESN	Siegbert Frank Droese, Milan Uhrík
PPE	Ioan-Rareş Bogdan, Krzysztof Brejza, Caterina Chinnici, Paulo Cunha, Lena Düpont, Branko Grims, Monika Hohlmeier, Andrey Kovatchev, Jeroen Lenaers, Lukas Mandl, Verena Mertens, Dolors Montserrat, Hélder Sousa Silva, Tomas Tobé, Pekka Toveri, Elissavet Vozemberg-Vrionidi, Javier Zarzalejos
PfE	Jaroslav Bžoch, Susanna Ceccardi, Valérie Deloge, Virginie Joron, Fabrice Leggeri, Philippe Olivier, Petra Steger, Alexandre Varaut
Renew	Malik Azmani, Benoit Cassart, Laurence Farreng, Raquel García Hermida-Van Der Walle, Michael McNamara, Jan-Christoph Oetjen, Emma Wiesner, Lucia Yar
S&D	Francisco Assis, Katarina Barley, Hannes Heide, Evin Incir, Ana Catarina Mendes, Tsvetelina Penkova, Chloé Ridel, Birgit Sippel, Krzysztof Śmiszek, Alessandro Zan
The Left	Pernando Barrena Arza, Özlem Demirel, Gaetano Pedulla', Ilaria Salis
Verts/ALE	Jaume Asens Llodrà, Saskia Bricmont, Mélissa Camara, Alice Kuhnke, Tineke Strik, Thomas Waitz

 

0	-

 

0	0

 

 

• [1] OJ C 77, 28.3.2002, p. 1.
• [2] The following were present for the final vote: Ilhan Kyuchyuk (Chair), Marion Walsmann (Vice-Chair), Mario Mantovani (Vice-Chair), César Luena (for José Cepeda, pursuant to Rule 216(7)), Ton Diepeveen, Mario Furore, Petras Gražulis, Kira Marie Peter-Hansen, Pascale Piera, Thijs Reuten (for Lara Wolters, pursuant to Rule 216(7)), Krzysztof Śmiszek, Adrián Vázquez Lázara, Axel Voss, Michał Wawrykiewicz, Dainius Žalimas.
• [3] The Consultative Working Party worked on the basis of the English language version of the proposal, being the master-copy language version of the text under discussion.