Artikelen bij COM(2024)60 - 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)

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dossier COM(2024)60 - Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating the sexual abuse and sexual exploitation ...
document COM(2024)60 EN
datum 6 februari 2024

Inhoudsopgave

Article 1 - Subject matter

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 pornography ⌦ sexual abuse material ⌫ and solicitation of children for sexual purposes. It also introduces provisions to strengthen the prevention of those crimes ⌦ criminal offences ⌫and the protection of the victims thereof.


🡻 2011/93/EU (adapted)

⇨ new

Article 2 - Definitions

For the purposes of this Directive, the following definitions apply:

(1)‘child’ means any person below the age of 18 years; 

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

(3)‘child pornography ⌦ sexual abuse material ⌫’ means:

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

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

(c)any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or

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


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(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;  


🡻 2011/93/EU (adapted)

(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;

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

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

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

(6)‘legal person’ means an entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations;.


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(7)‘information society service’ means a service as defined in Article 1, point (b), of Directive (EU) 2015/1535 35 .  

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


🡻 2011/93/EU

⇨ new

Article 3 - Offences concerning sexual abuse

1.Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 6 ⇨ 8 ⇦ is punishable. 

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.

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.

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 5 ⇨ 8 ⇦ years.

5.Engaging in sexual activities with a child, where:

(a)abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 8 ⇨ 10 ⇦ years if the child has not reached the age of sexual consent, and of at least 3 ⇨ 6 ⇦ years of imprisonment, if the child is over that age; or

(b)abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 8 ⇨ 10 ⇦ years if the child has not reached the age of sexual consent, and of at least 3 ⇨ 6 ⇦ years of imprisonment if the child is over that age; or

(c)use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least 10 ⇨ 12 ⇦ years if the child has not reached the age of sexual consent, and of at least 5 ⇨ 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 10 ⇨ 12 ⇦ years if the child has not reached the age of sexual consent, and of at least 5 ⇨ 7 ⇦ years of imprisonment if the child is over that age.


⇩ new

7.The following intentional conduct shall be punishable by a maximum term of imprisonment of at least 12 years:

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

(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.

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.

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

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

(b)the consent can be withdrawn at any moment before and during the act;

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


🡻 2011/93/EU (adapted)

⇨ new

Article 4 - Offences concerning sexual exploitation

1.Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable.

2.Causing or recruiting a child to participate in pornographic ⌦ 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.

3.Coercing or forcing a child to participate in pornographic ⌦ 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.

4.Knowingly attending pornographic ⌦ 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.

5.Causing or recruiting a child to participate in ⌦ exploitation in ⌫ child 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.

6.Coercing or forcing a child into ⌦ exploitation in ⌫ child 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.

7.Engaging in sexual activities with a child, where recourse is made to ⌦ exploitation in ⌫child prostitution shall be punishable by a maximum term of imprisonment of at least 5 ⇨ 8 ⇦ years if the child has not reached the age of sexual consent, and of at least 2 ⇨ 4 ⇦ years of imprisonment if the child is over that age.


🡻 2011/93/EU (adapted)

Article 5 - Offences concerning child pornography ⌦ sexual abuse material ⌫

1.Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable.

2.Acquisition or possession of child pornography ⌦ 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 pornography ⌦ sexual abuse material ⌫ shall be punishable by a maximum term of imprisonment of at least 1 year.

4.Distribution, dissemination or transmission of child pornography ⌦ sexual abuse material ⌫ shall be punishable by a maximum term of imprisonment of at least 2 years.

5.Offering, supplying or making available child pornography ⌦ sexual abuse material ⌫ shall be punishable by a maximum term of imprisonment of at least 2 years.

6.Production of child pornography ⌦ sexual abuse material ⌫ shall be punishable by a maximum term of imprisonment of at least 3 years.


⇩ new

7.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.

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.

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:

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;

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

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

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.


🡻 2011/93/EU (adapted)

9.It shall be within the discretion of Member States to decide whether this Article applies to cases involving child pornography ⌦ sexual abuse material ⌫ as referred to in Article 2⌦ , point (3)(c) ⌫(c)(iii), where the person appearing to be a child was in fact 18 years of age or older at the time of depiction.  

10.It shall be within the discretion of Member States to decide whether paragraphs 2 and 6 of this Article apply to cases where it is established that pornographic material as referred to in Article 2 (c)(iv), is produced and possessed by the producer solely for his or her private use in so far as no pornographic material as referred to in Article 2 (c)(i), (ii) or (iii) has been used for the purpose of its production and provided that the act involves no risk of dissemination of the material.


🡻 2011/93/EU (adapted)

⇨ new

Article 6 - Solicitation of children for sexual purposes

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

(a)the proposal ⌦ proposing ⌫, by means of information and communication technology, by an adult to meet a child who has not reached the age of sexual consent ⇨ 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; 


⇩ new

(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. 


🡻 2011/93/EU (adapted)

⇨ new

2.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 who has not reached the age of sexual consent  to provide child pornography ⌦ sexual abuse material ⌫  depicting that child  is punishable  ⇨ by a maximum term of imprisonment of at least 6 months ⇦.


⇩ new

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. 

3.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.

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.


⇩ new

Article 7 - Solicitation of sexual abuse

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.


⇩ new

Article 8 - Operation of an online service for the purpose of child sexual abuse or sexual exploitation

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.


🡻 2011/93/EU (adapted)

⇨ new

Article 9 - Incitement, aiding and abetting, and attempt

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 6 ⇨ 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) and ⌦ , ⌫ (6), ⇨ (7) and (8), ⇦Article 4(2), (3), (5), (6) and (7), and Article 5(4), (5) and (6) ⇨ , Article 7 and Article 8 ⇦is punishable.


🡻 2011/93/EU (adapted)

⇨ new

Article 10 - Consensual sexual activities

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, who are close in age and degree of psychological and physical development or maturity, in so far as the acts did not involve any abuse.

2.It shall be within the discretion of Member States to decide whether Article 4(4) applies to a pornographic performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers who are close in age and degree of psychological and physical development or maturity, 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 pornographic performance.

3.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 involving ⇨ which exclusively involves: ⇦  

⌦ (a) ⌫children who have reached the age of sexual consent ⌦, or ⌫

⇨ (b)children above the age of sexual consent and their peers, ⇦

where that material is produced and possessed with the consent of those ⌦ the ⌫ children ⌦ involved ⌫  and only for the private use of the persons involved, in so far as the acts did not involve any abuse.


⇩ new

4.It shall be within the discretion of Member States to decide whether Article 6 applies to proposals, conversations, contacts or exchanges between peers.  

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

Consent can be withdrawn at any moment.

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

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.   


🡻 2011/93/EU (adapted)

⇨ new

Article 11 - Aggravating circumstances

In so far as the following circumstances do not already form part of the constituent elements of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7, Member States shall take the necessary measures to ensure that the following circumstances may, in accordance with the relevant provisions of national law, be regarded as aggravating circumstances, in relation to the relevant offences referred to in Articles 3 to  ⇨ 9 ⇦ 7:

(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;

(b)the offence was committed by a member of the child’s family, a person cohabiting with the child or a person who has abused a recognised position of trust ⌦ , ⌫ or authority ⇨ or influence ⇦ on the child; 

(c)the offence was committed by several persons acting together;

(d)the offence was committed within the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime 36 ;

(e)the offender has previously been convicted of offences of the same nature;

(f)the offender has deliberately or recklessly endangered the life of the child; or

(g)the offence involved serious violence or caused serious harm to the child ⌦ ; ⌫ .


⇩ new

(h)the offence was committed repeatedly; 

(i)the offence was committed with the use or threat of using a weapon; or 

(j)the offence was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances. 


🡻 2011/93/EU (adapted)

⇨ new

Article 12 - Disqualification arising from convictions

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 ⇦ 7 may be temporarily or permanently prevented from exercising at least professional activities involving direct and regular contacts with children.

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 entitled ⇨ 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 ⇦ 7, 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.

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, that, for the application of paragraphs 1 and 2 of this Article transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦, or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions, is transmitted in accordance with the procedures set out in Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (13) when requested under Article 6 of that Framework Decision with the consent of the person concerned. ⇨ , 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. ⇦


🡻 2011/93/EU

Article 11 - Seizure and confiscation

Member States shall take the necessary measures to ensure that their competent authorities are entitled to seize and confiscate instrumentalities and proceeds from the offences referred to in Articles 3, 4 and 5.


🡻 2011/93/EU

⇨ new

Article 13 - Liability of legal persons

1.Member States shall take the necessary measures to ensure that legal persons may be held liable for any of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on:

(a)a power of representation of the legal person;

(b)an authority to take decisions on behalf of the legal person; or

(c)an authority to exercise control within the legal person.

2.Member States shall also take the necessary measures to ensure that legal persons may be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission, by a person under its authority, of any of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7 for the benefit of that legal person.

3.Liability of legal persons under paragraphs 1 and 2 shall be without prejudice to criminal proceedings against natural persons who are perpetrators, inciters or accessories to the offences referred to in Articles 3 to ⇨ 9 ⇦ 7.


🡻 2011/93/EU (adapted)

⇨ new

Article 14 - Sanctions on legal persons

1.Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article ⌦ 13 ⌫ 12(1) is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, such as:

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

(b)⇨ exclusion from access to public funding, including tender procedures, grants and concessions; ⇦

(c)temporary or permanent disqualification from the practice of commercial activities;

(d)placing under judicial supervision;

(e)judicial winding-up; or

(f)temporary or permanent closure of establishments which have been used for committing the offence.

2.Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 12(2) is punishable by sanctions or measures which are effective, proportionate and dissuasive.


⇩ new

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.

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.


🡻 2011/93/EU

⇨ new

Article 15 - Non-prosecution or non-application of penalties to the victim

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


🡻 2011/93/EU (adapted)

⇨ new

Article 16 - Investigation and prosecution ⇨ and limitation periods ⇦

1.Member States shall take the necessary measures to ensure that investigations into or the prosecution of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦ are not dependent on a report or accusation being made by the victim or by his or her representative, and that criminal proceedings may continue even if that person has withdrawn his or her statements.

2.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) and⌦ , ⌫of any serious offences referred to in Article 5(6) when child pornography ⌦ sexual abuse material ⌫ as referred to in Article 2 ⌦ , points (3)(a) and (b) ⌫ (c)(i) and (ii) 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.


⇩ new

This period of time referred to in the first subparagraph shall be:

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

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

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


🡻 2011/93/EU

⇨ new

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 7 ⇨ 9 ⇦. 


⇩ new

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.   


🡻 2011/93/EU (adapted)

⇨ new

5.Member States shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦, in particular by analysing child pornography  ⌦ sexual abuse material ⌫ , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.


🡻 2011/93/EU

⇨ new

Article 17 - Reporting suspicion of child sexual abuse or sexual exploitation

1.Member States shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals whose main duty is to work with children do not constitute an obstacle to the possibility, for those professionals, of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of offences referred to in Articles 3 to 7 ⇨ 9 ⇦.

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 7 ⇨ 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 Council 37 and Article 12 of Regulation (EU) …/… 38 [laying down rules to prevent and combat child sexual abuse].⇦ 


⇩ new

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.

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.   

5.Member States, supported by the EU Centre once established, shall issue guidelines for the persons referred to in paragraph 3 on identifying whether an offence punishable under this Directive has been committed or is likely to be committed and on reporting to competent authorities. Such guidelines shall also indicate how to address the specific needs of victims.


⇩ new

Article 18 - Reporting of child sexual abuse or sexual exploitation

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.

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.

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.


🡻 2011/93/EU (adapted)

⇨ new

Article 19 - Jurisdiction and coordination of prosecution

1.Member States shall take the necessary measures to establish their jurisdiction over the offences referred to in Articles 3 to 7 ⇨ 9 ⇦ where:

(a)the offence is committed in whole or in part within their territory; or

(b)the offender is one of their nationals.

2.A Member State shall inform the Commission where it decides to establish further jurisdiction over an offence referred to in Articles 3 to 7 ⇨ 9 ⇦ committed outside its territory, inter alia, where:

(a)the offence is committed against one of its nationals or a person who is an habitual resident in its territory;

(b)the offence is committed for the benefit of a legal person established in its territory; or

(c)the offender is an habitual resident in its territory.

3.Member States shall ensure that their jurisdiction includes situations where an offence referred to in Articles 5 and ⌦ , ⌫ 6 ⇨ and 8 ⇦, and in so far as is relevant, in Articles 3 and ⇨, 4, ⇦ 7 ⇨ and 9 ⇦ , is committed by means of information and communication technology accessed from their territory, whether or not it is based on their territory.

4.For the prosecution of any of the offences referred to in Article 3(4), (5) ⌦ , ⌫ (6), ⇨ (7), and (8), ⇦ Article 4(2), (3), (5), (6) and (7) and ⌦ , ⌫ Article 5(6) ⇨, Article 7 and Article 8 ⇦ committed outside the territory of the Member State concerned, as regards paragraph 1 ⌦ , point ⌫ (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the acts are a criminal offence at the place where they were performed.

5.For the prosecution of any of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦ committed outside the territory of the Member State concerned, as regards paragraph 1 ⌦ , point ⌫ (b) of this Article, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the prosecution can only be initiated following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.


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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.


🡻 2011/93/EU (adapted)

⇨ new

Article 20 - General provisions on assistance, support and protection measures for child victims

1.Child victims of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦ shall be provided assistance, support and protection in accordance with Articles 19 and 20 ⌦ 21 and 22 ⌫ , taking into account the best interests of the child.

2.Member States shall take the necessary measures to ensure that a child is provided with assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that a child might have been subject to any of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7.

3.Member States shall ensure that, where the age of a person subject to any of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦ is uncertain and there are reasons to believe that the person is a child, that person is presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with Articles 19 and 20 ⌦ 21 and 22 ⌫..


🡻 2011/93/EU (adapted)

⇨ new

Article 21 - Assistance and support to victims

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 Framework Decision 2001/220/JHA  ⌦ 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.


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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. 

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.

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] 39 . 


🡻 2011/93/EU (adapted)

⇨ new

5.2. Member States shall take the necessary measures to ensure that assistance and support for a child victim are not made conditional on the child victim’s willingness to cooperate in the criminal investigation, prosecution or trial.

6.3. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim,  ⇨ conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and ⇦ taking due account of the child’s views, needs and concerns.

7.4.   Child victims of any of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦ shall be considered as particularly vulnerable victims pursuant to Article 2(2), Article 8(4) and Article 14(1) of Framework Decision 2001/220/JHA  ⇨ 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] ⇦.

8.5. Member States shall take measures, where appropriate and possible, to provide assistance and support to the family of the child victim in enjoying the rights under this Directive when the family is in the territory of the Member States. In particular, Member States shall, where appropriate and possible, apply Article 4 of Framework Decision 2001/220/JHA ⌦ 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] ⇦ to the family of the child victim.


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9.The EU Centre, once established, shall proactively support Member States’ efforts on assistance to victims by: 

(a)inviting other Union institutions, bodies, offices and agencies, as well as relevant authorities, bodies or agencies of the Member States, to share with the EU Centre information about assistance to victims of child sexual abuse and sexual exploitation whenever appropriate and at least once a year;  

(b)collecting on its own initiative information on measures and programmes in the field of assistance to victims of child sexual abuse and sexual exploitation, including measures and programmes implemented in third countries;  

(c)facilitating the exchange of best practices among Member States and between Member States and third countries, by keeping a public database of assistance to victims measures and programmes implemented in each Member States as well as in third countries; the database shall not contain any personal data.

(d)facilitating the preparation of the guidelines and protocols referred to in paragraph 10.

10.Member States, supported by the EU Centre once established, shall issue guidelines for healthcare, education and social service professionals on providing appropriate support to victims of child sexual abuse or exploitation, including on referring victims to the relevant support services and clarifying roles and responsibilities. Such guidelines shall also indicate how to address the specific needs of victims.


🡻 2011/93/EU

⇨ new

Article 22 - Protection of child victims in criminal investigations and proceedings

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.

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.

3.Without prejudice to the rights of the defence, Member States shall take the necessary measures to ensure that in criminal investigations relating to any of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦:

(a)interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities;

(b)interviews with the child victim take place in premises designed or adapted for this purpose;

(c)interviews with the child victim are carried out by or through professionals trained for this purpose;

(d)the same persons, if possible and where appropriate, conduct all interviews with the child victim;

(e)the number of interviews is as limited as possible and interviews are carried out only where strictly necessary for the purpose of criminal investigations and proceedings;

(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.

⇨ (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.   ⇦

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 7 ⇨ 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.

5.Member States shall take the necessary measures to ensure that in criminal court proceedings relating to any of the offences referred to in Articles 3 to 7 ⇨ 9 ⇦, that it may be ordered that:

(a)the hearing take place without the presence of the public;

(b)the child victim be heard in the courtroom without being present, in particular through the use of appropriate communication technologies.

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.


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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.


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Article 23 - Victim’s right to compensation

1.Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.

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.

3.The period referred to in the first subparagraph shall be:

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

(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.

4.Member States shall ensure that, in order to ensure sufficient compensation to victims of offences punishable under this Directive, all relevant elements are taken into account, including:

(a)any physical or mental pain and suffering caused by the offence, including the pain and suffering linked to the online circulation of child sexual abuse material concerning the victim in question;

(b)any cost of care in relation to the recovery from such pain and suffering, including expenses related to mental and physical health and treatment and travelling costs that might have been incurred to access such care; and

(c)any loss of income caused by the offence.


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Article 24 - National authorities or equivalent entities

Member States shall establish national authorities or equivalent entities to carry out the following activities:

(1)facilitate and, where needed, coordinate efforts at national level on prevention and assistance to victims; 

(2)carry out assessments of trends in child sexual abuse, online and offline; 

(3)evaluate the results of preventive programmes and measures, as well as of programmes and measures intended to assist and support victims, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field;

(4)report on such trends, results and statistics.

In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31.


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Article 25 - Multi-agency and multi-stakeholder coordination and cooperation

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.


🡻 2011/93/EU (adapted)

⇨ new

Article 26 - Measures against advertising abuse opportunities and ⌦ the sexual abuse and sexual exploitation of children in travel and tourism ⌫ child sex 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 ⇦ 6; 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 to  ⌦ , 4 and ⌫ 5.


🡻 2011/93/EU (adapted)

⇨ new

Article 27 - Preventive intervention programmes or measures

⌦ 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 7 ⇨ 9 ⇦ have access, where appropriate, to ⇨ dedicated and ⇦  effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.


⇩ new

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.


🡻 2011/93/EU (adapted)

⇨ new

Article 28 - Prevention

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 ⇦ to discourage and reduce the demand that fosters all forms of sexual exploitation of children.

2.Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, and 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.

3.Member States shall promote regular training ⇨, including in child friendly justice 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, 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.


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4.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.

Those measures shall include:

(a)dedicated training and awareness raising activities for staff working in such settings;

(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; 

(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.

Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities.

5.The EU Centre, once established, shall proactively support Member States’ prevention efforts by:

(a)inviting other Union institutions, bodies, offices and agencies, as well as relevant authorities, bodies or agencies of the Member States, to share information about prevention measures and programmes in the field of child sexual abuse and sexual exploitation whenever appropriate and at least once a year;

(b)collecting information on prevention measures and programmes in the field of child sexual abuse and exploitation, including measures and programmes implemented in third countries;

(c)facilitating the exchange of best practices among Member States and third countries by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.  


🡻 2011/93/EU

⇨ new

Article 29 - Intervention programmes or measures on a voluntary basis in the course of or after criminal proceedings

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.

2.The intervention programmes or measures, referred to in paragraph 1 shall meet the specific developmental needs of children who sexually offend.

3.Member States shall take the necessary measures to ensure that the following persons may have access to the intervention programmes or measures referred to in paragraph 1:

(a)persons subject to criminal proceedings for any of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7, under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence; and

(b)persons convicted of any of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7.

4.Member States shall take the necessary measures to ensure that the persons referred to in paragraph 3 are subject to an assessment of the danger that they present and the possible risks of repetition of any of the offences referred to in Articles 3 to ⇨ 9 ⇦ 7, with the aim of identifying appropriate intervention programmes or measures.

5.Member States shall take the necessary measures to ensure that the persons referred to in paragraph 3 to whom intervention programmes or measures in accordance with paragraph 4 have been proposed:

(a)are fully informed of the reasons for the proposal;

(b)consent to their participation in the programmes or measures with full knowledge of the facts;

(c)may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal.


🡻 2011/93/EU (adapted)

Article 30 - Measures against websites containing or disseminating child pornography ⌦ sexual abuse material ⌫ 

1.Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child pornography  ⌦ sexual abuse material ⌫ hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory.

2.Member States may take measures to block access to web pages containing or disseminating child pornography ⌦ 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.


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Article 31 - Data collection

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. 

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:

(a)the number of victims who experienced one of the offences referred to in Articles 3 to 9 during the last 12 months, last five years and lifetime;

(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;

(c)the results of their prevention initiatives under Articles 27, 28 and 29 in terms of the number of offenders and potential offenders having accessed prevention programmes and the percentage of these offenders and potential offenders who has been convicted for one of the offences in Articles 3 to 9 after having participated in such programmes.

3.Member States shall conduct a population-based survey every 3 years using the harmonised methodology of the Commission (Eurostat) to contribute to gather the data referred to in paragraph 2, point (a), and on that basis assess the prevalence of and trends for all offences referred to in Articles 3 to 9 of this Directive. For the first time, Member States shall transmit those data to the Commission (Eurostat) by [3 years after the entry into force of the directive] at the latest.

4.Member States shall collect administrative data pursuant to paragraph 2 on the basis of common disaggregations developed in cooperation with the EU Centre. They shall transmit that data to the EU Centre on a yearly basis. The transmitted data shall not contain personal data.

5.The EU Centre shall support Member States in the data gathering referred to in paragraph 2, including by promoting the development of common voluntary standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.

6.Member States shall transmit the statistics to the EU Centre and the Commission and make the collected statistics available to the public on an annual basis. The EU Centre shall compile the statistics and make them publicly available. The statistics shall not contain personal data. 

7.Member States shall support research on root causes, effects, incidences, effective prevention measures, effective assistance to victims measures and conviction rates of the offences referred to in Articles 3 to 9 of this Directive.


🡻 2011/93/EU (adapted)

Article 32 - Reporting

1.The Commission shall, by 18 December 2015, submit a report to the European Parliament and the Council assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive, accompanied, if necessary, by a legislative proposal.

2.The Commission shall, by 18 December 2015, submit a report to the European Parliament and the Council assessing the implementation of the measures referred to in Article 25.


⇩ new

The Commission shall, by [5 years after date of entry into application] and then every 5 years thereafter, submit a report to the European Parliament and the Council on the application of this Directive [in the Member States] and, if appropriate, propose amendments.


🡻 2011/93/EU

Article 26 - Replacement of Framework Decision 2004/68/JHA

Framework Decision 2004/68/JHA is hereby replaced in relation to Member States participating in the adoption of this Directive without prejudice to the obligations of those Member States relating to the time limits for transposition of the Framework Decision into national law.

In relation to Member States participating in the adoption of this Directive, references to Framework Decision 2004/68/JHA shall be construed as references to this Directive.


🡻 2011/93/EU (adapted)

⇨ new

Article 33 - Transposition

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive ⇨ Article 2, paragraphs (3)(d), (4), (5), (6), (8), (9); Article 3 paragraphs (1), (4), to (9); Article 4 paragraphs (4) to (7); Article 5 paragraphs (2) to (10); Articles 6 to 10; Article 11, introductory wording and letters (b), (h), (i), (j); Article 12; Article 13; Article 14 paragraph (1),  introductory wording and letter (b), and paragraphs (2) and (3); Article 15 to 20; Article 21 paragraphs (1) to (4), and (6) to (10); Article 22 paragraph (3), introductory wording and letter (g), and paragraphs (4), (5) and (7); Articles 23 to 28; Article 29 paragraphs (1), (3) and (4); Articles 30 to 32 of this Directive ⇦ by ⇨ [two years after entry into force] ⇦ 18 December 2013. ⇨ They shall immediately communicate the text of those measures to the Commission. ⇦ 

2.Member States shall transmit to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Directive.

2.3. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. ⇨ They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. ⇦ The methods of making such reference shall be laid down by the Member States.


⇩ new

3.Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive, including a correlation table between such national measures and the corresponding obligations in this Directive.


⇩ new

Article 34 - Repeal

Directive 2011/93/EU is repealed with effect from [the day after the second date referred to in Article 32, first subparagraph], without prejudice to the obligations of the Member States relating to the time limit for the transposition into national law of the Directive set out in Annex I.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.


🡻 2011/93/EU

⇨ new

Article 35 - Entry into force ⇨ and application ⇦ 

This Directive shall enter into force on the ⇨ twentieth ⇦ day ⇨ following that ⇦ of its publication in the Official Journal of the European Union.


⇩ new

The obligations referred to in paragraph 1 of Article 33 shall apply from [… day after transposition deadline referred to in Article 33(1)], except Article 21 paragraph (9), Article 28 paragraph (5); Article 31 paragraphs (4), (5) and (6) which shall apply from [ date to be aligned with the CSA Regulation].


🡻 2011/93/EU

Article 36 - Addressees

This Directive is addressed to the Member States in accordance with the Treaties.