### the international financial institutions and , where relevant , the fund managers shall conclude written agreements with the public and private bodies referred to in article 23 . such agreements shall lay down the obligations of the public and private providers to use the resources made available under the microfinance and social entrepreneurship axis in accordance with the objectives set out in article 22 and to provide information for drafting the annual reports provided for in article 26 . ### the financial institutions and , where relevant , the fund managers shall conclude written agreements with the public and private bodies referred to in article 23 . such agreements shall lay down the obligations of the public and private providers to use the resources made available under the microfinance and social entrepreneurship axis in accordance with the objectives set out in article 22 and to provide information for drafting the annual reports provided for in article 26 .


### the international financial institutions and , where relevant , the fund managers shall send the commission annual implementation reports setting out the activities granted support and covering their financial implementation and the allocation and accessibility of funding and investment by sector and type of beneficiary , applications accepted or rejected and contracts concluded by the public and private bodies concerned , actions funded and the results , including in terms of social impact , employment creation and sustainability of the businesses support granted . ### the financial institutions and , where relevant , the fund managers shall send the commission annual implementation reports setting out the activities granted support and covering their financial implementation and the allocation and accessibility of funding and investment by sector , geographical area and type of beneficiary , applications accepted or rejected and contracts concluded by the public and private bodies concerned , actions funded and the results , including in terms of social impact , employment creation and sustainability of the businesses support granted .


### the information provided in these annual implementation reports shall feed into the biennial monitoring reports provided for in article 13 . such monitoring reports shall include the annual reports provided for in article 8 of decision no 283 / 2010 / eu . ### the information provided in these annual implementation reports shall feed into the annual monitoring reports provided for in article 13 . such monitoring reports shall include the annual reports provided for in article 8 of decision no 283 / 2010 / eu and detailed information on communication activities .


### the commission shall carry out a specific final evaluation of the microfinance and social entrepreneurship axis no later than one year after the expiry of the agreements with the international financial institutions . ### the commission shall carry out a specific final evaluation of the microfinance and social entrepreneurship axis no later than one year after the expiry of the agreements with the financial institutions .


### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments . ### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments , taking into account the principle of territoriality and governance at various levels , and the specific characteristics recognised in article 349 tfeu with regard to the outermost regions .


### the commission should adopt by delegated act a common strategic framework which translates the objectives of the union into key actions for the csf funds , in order to provide clearer strategic direction to the programming process at the level of member states and regions . the common strategic framework should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments . ### the common strategic framework as laid down in annex ia of this regulation should facilitate sectoral and territorial coordination of union intervention under the csf funds and with other relevant union policies and instruments .


### for the partnership contract and each programme respectively , a member state shall organise a partnership with the following partners : competent regional , local , urban and other public authorities ; economic and social partners ; and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination . ### for the partnership contract and each programme respectively , member states and regional and local authorities shall organise a partnership with the following partners : other public authorities ; economic and social partners ; and bodies representing civil society , including environmental partners , non - governmental organisations , and bodies responsible for promoting equality and non - discrimination .


### protecting the environment and promoting resource efficiency , ### protecting the environment and the cultural heritage , and promoting resource efficiency ,


### each member state shall prepare a partnership contract for the period from 1&#160 ; january 2014 to 31&#160 ; december 2020 . ### each member state shall prepare , in agreement with its own local and regional authorities , a partnership contract for the period from 1 january 2014 to 31 december 2020 .


### each member state shall transmit its partnership contract to the commission within 3 months of the adoption of the common strategic framework . ### each member state shall transmit its partnership contract to the commission within 5 months of the adoption of the common strategic framework .


### the indicative allocation of support by the union by thematic objective at national level for each of the csf funds , as well as the total indicative amount of support foreseen for climate change objectives ; ### the indicative allocation of support by the union by thematic objective at national level for each of the csf funds , in accordance with the priorities laid down in the specific regulations on the csf funds , as well as the total indicative amount of support foreseen for climate change objectives ;


### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than six months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . the partnership contract shall not enter into force before 1 january 2014 . ### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than six months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . the partnership contract shall not enter into force before 1 january 2014 . in its decision the commission shall refer to the genuine involvement of the local and regional authorities , which shall be called upon to sign the partnership contract in accordance with the institutional system of each member state .


### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs . ### member states shall concentrate support , in accordance with the fund - specific rules , on actions bringing the greatest added value in relation to the union strategy for smart , sustainable and inclusive growth , addressing the challenges identified in the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty , and taking into account national and regional needs as well as the principles of subsidiarity and multi - level governance .


### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary other than non - taxable person as defined in the first subparagraph of article 13 of directive 2006 / 112 / ec , provided that such vat amounts are not incurred in relation to the provision of infrastructure . ### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation .


### late payment is particularly regrettable if it occurs despite the debtor’s solvency . surveys show that public authorities often pay invoices very late after expiration of the applicable payment period . public authorities may face lighter financing constraints because they may benefit from more secure , predictable and continuous revenue streams than private undertakings . at the same time , they depend less than private undertakings on building stable commercial relationships for the achievement of their aims . consequently , public authorities may have less incentive to pay on time . in addition , many public authorities can obtain financing at more attractive conditions than private undertakings . therefore , late payment by public authorities not only leads to unjustified costs for private undertakings , but to inefficiency in general . it is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities . ### late payment is particularly regrettable if it occurs despite the debtor’s solvency regardless of whether the debtor is from the public or the private sector . therefore penalties and other measures intended to dissuade late payment should as a general rule apply equally to both sectors .


### member states shall ensure that in commercial transactions between undertakings , the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied : ### member states shall ensure that in commercial transactions between undertakings and between undertakings and public authorities , the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied :


### grossly unfair contractual clauses member states shall provide that a clause in a contract relating to the date for payment , the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor . in determining whether a clause is grossly unfair to the creditor , all circumstances of the case shall be considered , including good commercial practice and the nature of the product or the service . account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 . ### unfair contractual clauses and commercial practices member states shall provide that a clause in a contract or commercial practice relating to the date or deadline for payment , the rate of interest for late payment or compensation for recovery costs shall be unenforceable and shall give rise to a claim for damages if it is unfair to the creditor . if such a clause is held to be unfair , the statutory terms shall apply and the national courts shall enjoy the power to rule on the rights and obligations of the parties and the consequences of its ineffectiveness . 1a . in determining whether a clause or a commercial practice is unfair to the creditor within the meaning of the first paragraph , all circumstances of the case shall be considered , including : any serious departure from good commercial practice that is contrary to good faith and fair dealing , the nature of the product or the service , whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 , and whether the clause or commercial practice serves mainly to furnish the debtor with additional income at the expense of the creditor , whether the principal contractor imposes on suppliers and subcontractors terms of payment that cannot be justified on the grounds of the terms from which it benefits itself , or of any other objective reason .


### member states shall ensure that an enforceable title can be obtained , irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . ### member states shall ensure that an enforceable title can be obtained , irrespective of the amount of the debt , normally within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . this duty shall be carried out by member states in conformity with their respective national legislation , regulations and administrative provisions .


### to live well in the future , urgent , concerted action should be taken now to improve ecological resilience and maximise the benefits environment policy can deliver for the economy and society , while respecting the planet’s ecological limits . this programme reflects the eu’s commitment to transforming itself into an inclusive green economy that secures growth and development , safeguards human health and well - being , provides decent jobs , reduces inequalities and invests in and preserves natural capital . ### to live well in the future , urgent , concerted action should be taken now to improve ecological resilience and maximise the benefits environment policy can deliver for the economy and society , while respecting the planet’s ecological limits . this programme reflects the eu’s commitment to transforming itself into an inclusive green economy that secures growth and development , safeguards human health and well - being and food quality , provides decent jobs , reduces inequalities and invests in and preserves natural capital .


### this transformation requires the full integration of environment issues into other policies , such as energy , transport , agriculture , fisheries , economy and industry , research and innovation , employment and social policy so as to create a coherent , joined - up approach . action within the eu should also be complemented by enhanced global action and cooperation with neighbouring countries to tackle common challenges . ### this transformation requires the full integration of environment issues into other policies , such as energy , transport , agriculture , fisheries , international trade , economy and industry , research and innovation , employment and social policy so as to create a coherent , joined - up approach . action within the eu should also be complemented by enhanced global action and cooperation with neighbouring countries to tackle common challenges .


### this transformation requires the full integration of environment issues into other policies , such as energy , transport , agriculture , fisheries , economy and industry , research and innovation , employment and social policy so as to create a coherent , joined - up approach . action within the eu should also be complemented by enhanced global action and cooperation with neighbouring countries to tackle common challenges . ### this transformation requires the full integration of environment issues into other policies , such as energy , transport , agriculture , fisheries , economy and industry , research and innovation , employment and social policy and tax policy , so as to create a coherent , joined - up approach . action within the eu should also be complemented by enhanced global action and cooperation with neighbouring countries to tackle common challenges .


### despite considerable efforts to date , the requirement under the wfd to achieve ‘ good ecological status’ by 2015 is likely to be met only for some 53 % of surface water bodies in the eu . there is also a risk that the marine strategy framework directive target to achieve ‘ good environmental status’ by 2020 may be missed , inter alia due to continued overfishing and the presence of marine litter in europe’s seas . and while eu air and industrial emissions policies have helped to reduce many forms of pollution , ecosystems continue to suffer from excess nitrogen deposition and ozone pollution associated with emissions from transport , intensive agriculture and power generation . ### despite considerable efforts to date , the requirement under the wfd to achieve ‘ good ecological status’ by 2015 is likely to be met only for some 53 % of surface water bodies in the eu . there is also a risk that the marine strategy framework directive target to achieve ‘ good environmental status’ by 2020 may be missed , inter alia due to continued overfishing and the presence of marine litter in europe’s seas . and while eu air and industrial emissions policies have helped to reduce many forms of pollution , ecosystems continue to suffer from excess nitrogen deposition and ozone pollution associated with emissions from transport , unsustainable agriculture practices and power generation .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source , using global , systemic approaches , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap requires a change in production models that is not confined to simply laying down new rules and is grounded in the fundamental sciences of agronomy and ecology . this involved promoting ecologically intensive farming . these new farming models are economically , environmentally and socially efficient all at the same time . some of the new models already exist , in many cases having come into being as the result of innovative experiments carried out by farmers , and tools such as the european innovation partnership on agricultural productivity and sustainability should be used to disseminate them . rather than focusing on a single practice , these models combine internally coherent sets of practices addressing , simultaneously , the problems of soil erosion , biodiversity loss , various kinds of pollution , water management and global warming . they go further than the three environmentally beneficial agricultural practices provided for under the cap reform proposals , namely crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . those three practices are the first step in a gradual process of shifting agricultural production towards these new , sustainable forms of farming .


### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80% of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . ### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food sector , through a reduction in waste , and the housing and mobility sectors . taken together , these are responsible for almost 80% of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain .


### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80 % of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . ### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80 % of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . this can be achieved by promoting direct relations between producers and consumers , shortening the food supply chain , and improving logistics , transport , stock management and packaging .


### resource efficiency in the water sector will also be tackled as a priority to help deliver good water status . even though droughts and water scarcity are affecting more and more parts of europe , an estimated 20 - 40% of europe’s available water is still being wasted , for instance , through leakages in the distribution system . according to available modelling , there is still considerable scope for improving water efficiency in the eu . moreover , rising demand and the impacts of climate change are expected to increase the pressure on europe’s water resources significantly . against this background , the union and member states should take action to ensure water abstraction respects available renewable water resource limits by 2020 , including by improving water efficiency through the use of market mechanisms such as water pricing that reflects the true value of water . progress will be facilitated by accelerated demonstration and rolling out of innovative technologies , systems and business models building on the strategic implementation plan of the european innovation partnership on water . ### resource efficiency in the water sector will also be tackled as a priority to help deliver good water status . even though droughts and water scarcity are affecting more and more parts of europe , an estimated 20 - 40% of europe’s available water is still being wasted , for instance , through leakages in the distribution system . according to available modelling , there is still considerable scope for improving water efficiency in the eu . moreover , rising demand and the impacts of climate change are expected to increase the pressure on europe’s water resources significantly . against this background , the union and member states should take action to ensure water abstraction respects available renewable water resource limits by 2020 , including by improving water efficiency through the use of market mechanisms such as water pricing that reflects the true value of water . progress will be facilitated by accelerated demonstration and rolling out of innovative technologies , systems and business models building on the strategic implementation plan of the european innovation partnership on water and the european innovation partnership on agricultural productivity and sustainability provided for under the proposals for reform of the second pillar of the cap .


### the private sector should also be encouraged to take up opportunities offered under the new eu financial framework to step up their involvement in efforts to achieve environmental and climate objectives , especially in relation to eco - innovation activities and the uptake of new technologies , with a particular focus on smes . public - private initiatives for eco - innovation should be promoted under european innovation partnerships , such as the innovation partnership on water . through the new framework for innovative financial instruments , private sector access to finance for investments in environment – notably biodiversity and climate change – should be facilitated . european enterprises should be further encouraged to disclose environmental information as part of their financial reporting , beyond the extent required under existing eu legislation . ### the private sector should also be encouraged to take up opportunities offered under the new eu financial framework to step up their involvement in efforts to achieve environmental and climate objectives , especially in relation to eco - innovation activities and the uptake of new technologies , with a particular focus on smes . public - private initiatives for eco - innovation should be promoted under european innovation partnerships , such as the innovation partnership on water and the european innovation partnership on agricultural productivity and sustainability provided for under the cap reform proposals . through the new framework for innovative financial instruments , private sector access to finance for investments in environment – notably biodiversity , climate change and soil protection – should be facilitated . european enterprises should be further encouraged to disclose environmental information as part of their financial reporting , beyond the extent required under existing eu legislation .


### developing and applying a system for reporting and tracking environment - related expenditure in the eu budget , notably on climate change and biodiversity , by 2014 . ### developing and applying a system for assessing , reporting and tracking environment - related expenditure in the eu budget , notably on climate change and biodiversity , by 2014 .


### although integrating environmental protection concerns into other eu policies and activities has been a treaty requirement since 1997 , the overall state of europe’s environment indicates that progress to date , while commendable in some areas , has not been sufficient to reverse all negative trends . achieving many of the priority objectives of this programme will demand even more effective integration of environmental and climate considerations into other policies , as well as more coherent , joined - up policy approaches that deliver multiple benefits . this should help ensure that difficult trade - offs are managed early on , rather than in the implementation phase , and that unavoidable impacts can be mitigated more effectively . the strategic environmental assessment directive and environmental impact assessment directive , when correctly applied , are effective tools for ensuring environmental protection requirements are integrated in plans and programmes as well as in projects . local and regional authorities , which are generally responsible for decisions on use of land and marine areas , have a particularly important role to play in assessing environmental impacts and protecting , conserving and enhancing natural capital , also to achieve greater resilience to climate change impacts and natural disasters . ### although integrating environmental protection concerns into other eu policies and activities has been a treaty requirement since 1997 , the overall state of europe’s environment indicates that progress to date , while commendable in some areas , has not been sufficient to reverse all negative trends . achieving many of the priority objectives of this programme will demand even more effective integration of environmental and climate considerations into other policies , as well as more coherent , joined - up systemic policy approaches that deliver multiple benefits . this should help ensure that difficult trade - offs are managed early on , rather than in the implementation phase , and that unavoidable impacts can be mitigated more effectively . the strategic environmental assessment directive and environmental impact assessment directive , when correctly applied , are effective tools for ensuring environmental protection requirements are integrated in plans and programmes as well as in projects . local and regional authorities , which are generally responsible for decisions on use of land and marine areas , have a particularly important role to play in assessing environmental impacts and protecting , conserving and enhancing natural capital , also to achieve greater resilience to climate change impacts and natural disasters .


### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed by the commission . ### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be levied throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover the actual costs associated with the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses . it should be similar to the level of the national renewal fees for an average patent taking effect in the participating member states at the time when the level of the renewal fees is first fixed by the commission .


### renewal fees should be paid to the european patent organisation . 50 percent thereof minus expenses incurred by the european patent office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating member states , which should be used for patent - related purposes . the share of distribution should be set on the basis of fair , equitable and relevant criteria namely the level of patent activity and the size of the market . the distribution should provide compensation for having an official language other than one of the official languages of the european patent office , having a disproportionately low level of patenting activity and having acquired membership of the european patent organisation relatively recently . ### renewal fees should be paid to the european patent organisation . 50 percent thereof minus expenses incurred by the european patent office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating member states , which should be used for patent - related purposes . the share of distribution should be set on the basis of fair , equitable and relevant criteria . the distribution should provide compensation for having an official language other than one of the official languages of the european patent office .


### a european patent with unitary effect shall take effect in the territories of the participating member states on the date of the publication , by the european patent office , of the mention of the grant of the european patent in the european patent bulletin . ### a european patent with unitary effect shall take effect in the territories of the participating member states on the fourteenth day following that of the publication , by the european patent office , of the mention of the grant of the european patent in the european patent bulletin .


### proposal for a directive of the european parliament and of the council on combating the sexual abuse , sexual exploitation of children and child pornography , repealing framework decision 2004 / 68 / jha ### proposal for a directive of the european parliament and of the council on combating the sexual abuse , sexual exploitation of persons under the age of 18 years and the depiction of sexual acts involving such persons , and repealing framework decision 2004 / 68 / jha


### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union . ### sexual abuse and sexual exploitation of persons under the age of 18 years , including the depiction of sexual acts involving such persons , constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union .


### child pornography , which consists of images of child sex abuse , and other particularly serious forms of sexual abuse and sexual exploitation of children are increasing and spreading through the use of new technologies and the internet . ### the depiction of sexual acts involving persons under the age of 18 years and other forms of sexual abuse and sexual exploitation of persons under the age of 18 years are increasing and spreading through the use of new technologies and the internet .


### council framework decision 2004 / 68 / jha on combating the sexual exploitation of children and child pornography approximates member states’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation , to extend domestic jurisdiction , and to provide for a minimum level of assistance for victims . council framework decision 2001 / 220 / jha on the standing of victims in criminal proceedings establishes a set of victims ' rights in criminal proceedings , including the right to protection and compensation . moreover , the coordination of prosecution of cases of sexual abuse , sexual exploitation of children and child pornography will be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings . ### council framework decision 2004 / 68 / jha on combating the sexual exploitation of children and child pornography approximates member states’ legislation to criminalise the most serious forms of sexual abuse and sexual exploitation of persons under the age of 18 years , to extend domestic jurisdiction , and to provide for a minimum level of assistance for victims . council framework decision 2001 / 220 / jha on the standing of victims in criminal proceedings establishes a set of victims ' rights in criminal proceedings , including the right to protection and compensation . moreover , the coordination of prosecution of cases of sexual abuse , sexual exploitation of persons under the age of 18 years and the depiction of sexual acts involving such persons will be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings .


### serious criminal offences such as the sexual exploitation of children and child pornography require a comprehensive approach covering the prosecution of offenders , the protection of child victims , and prevention of the phenomenon . the child ' s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the charter of fundamental rights of the european union and the un convention on the rights of the child . framework decision 2004 / 68 / jha should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose . ### serious criminal offences , such as the sexual abuse and the sexual exploitation of persons under the age of 18 years and the depiction of sexual acts involving persons under the age of 18 years , require a comprehensive approach covering the prosecution of offenders , the protection of victims under the age of 18 years , and prevention of the phenomenon . the best interests of victims under the age of 18 years must be an important consideration when carrying out any measures to combat these offences in accordance with the charter of fundamental rights of the european union and the un convention on the rights of the child . framework decision 2004 / 68 / jha should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose .


### serious forms of child sexual abuse and sexual exploitation should be subject to effective , proportionate and dissuasive sanctions . this includes , in particular , various forms of sexual abuse and sexual exploitation facilitated by the use of information and communication technology . the definition of child pornography should also be clarified and brought closer to that contained in international instruments . ### serious forms of sexual abuse and sexual exploitation of persons under the age of 18 years , and the depiction of such activities , including by means of information and communication technologies , should be subject to effective and proportionate sanctions . the approach taken by member states to the various forms of sexual abuse and sexual exploitation must reflect advances in information and communication technology , and the role such outlets can potentially play in producing and disseminating such materials .


### 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 . ### this directive does not govern member states ' policies with regard to consensual sexual activities involving persons of comparable age , at least one of whom is under the age of 18 years , 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 young people , including through information and communication technologies .


### rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism . ### rules on jurisdiction should be amended to ensure that sexual abusers or exploiters of persons under the age of 18 years from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism .


### measures to protect child victims should be adopted in their best interest , taking into account an assessment of their needs . child victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , child victims should be protected from sanctions , for example under national legislation on immigration or 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 as a result of interviews or visual contact with offenders . ### measures to protect victims under the age of 18 years should be adopted in their best interest , taking into account an assessment of their needs . those victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , victims under the age of 18 years should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by victims under the age of 18 years should not cause additional trauma as a result of interviews or visual contact with offenders .


### to prevent and minimise recidivism , offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children , and should have access to effective intervention programmes or measures on a voluntary basis . ### to prevent and minimise recidivism , offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children , and should have access to effective intervention programmes or measures on a voluntary basis . in order to ensure the effectiveness of the intervention measures , member states are encouraged to regularly conduct assessments of methods and practises that give the best results , as well as to fund studies at eu - level that allow for comparisons and the exchange of best practises .


### 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 activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### 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 activities involving regular contacts with persons under the age of 18 years , where appropriate . implementation of such prohibitions throughout the eu - in keeping with existing data protection rules - should be facilitated . procedures should be implemented in line with the legislation in force in the member states .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons under the age of 18 years constitutes a type of content whose making , dissemination , reproduction or purchase are not protected as fundamental rights . the use of the term ' depiction of sexual acts ' is intended to widen the concept of abuse to cover all sexual acts involving persons under the age of 18 years , even in cases where the latter are forced to perform the acts on themselves . action is therefore necessary to remove the content at source as quickly as possible and apprehend and subject to the due process of law those guilty of making distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons under the age of 18 years , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons below the age of 18 years constitutes a type of content whose production , possession , dissemination , duplication or purchase is not safeguarded with reference to fundamental rights . the use of the term ‘ depiction of sexual acts’ is intended to widen the concept of abuse to cover all sexual acts involving persons below the age of 18 years , even in cases where the latter are forced to perform the acts on themselves . action is therefore necessary to remove the content at source as quickly as possible and apprehend and subject to the due process of law those guilty of making distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons below the age of 18 years , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making , distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web and to ensure that investigation and prosecution of such crimes is prioritized . action is therefore necessary to remove the content at source and apprehend those guilty of making , distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal and prosecution by third country authorities of websites containing child pornography , which are hosted in their territory . cooperation between public authorities should be established and strengthened , particularly in the interest of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . only in the case of difficulties in cooperation with third countries on removal and prosecution , member states may take up legal measures for restricting access to internet pages containing or disseminating child abuse images . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### since the objective of this directive , namely to combat sexual abuse , sexual exploitation of children and child pornography , cannot be sufficiently achieved by the member states alone and can therefore , by reasons of the scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principles of subsidiarity as referred to in article 3 and article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in the latter article , this directive does not go beyond what is necessary to achieve that objective . ### since the objective of this directive , namely to combat sexual abuse , sexual exploitation of persons under the age of 18 years and the depiction of sexual acts involving persons under the age of 18 years , cannot be sufficiently achieved by the member states alone and can therefore , by reasons of the scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principles of subsidiarity as referred to in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary to achieve that objective .


### this directive respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and notably human dignity , the prohibition of torture and inhuman or degrading treatment or punishment , the rights of the child , the right to liberty and security , freedom of expression and information , protection of personal data , the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for those rights and has to be implemented accordingly . ### this directive respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and notably human dignity , the prohibition of torture and inhuman or degrading treatment or punishment , the rights of the child , the right to liberty and security , freedom of expression and information , protection of personal data , the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties . in particular , this directive ensures full respect for those rights and has to be implemented accordingly .


### this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of sexual exploitation of children . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims . ### this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of the sexual abuse and sexual exploitation of persons under the age of 18 years , and of the depiction of sexual acts involving such persons . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims .


### this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of sexual exploitation of children . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims . ### this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children , as well as the presentation of child sexual abuse material . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims .


### any material that visually depicts a child engaged in real or simulated sexually explicit conduct ; or ### any material that visually depicts a person under the age of 18 years engaged in real or simulated sexually explicit conduct ; or


### any depiction of the sexual organs of a child for primarily sexual purposes ; or ### any depiction for primarily sexual purposes of the sexual organs of a person under the age of 18 years ,


### of the sexual organs of a child for primarily sexual purposes ; ### of the sexual organs of a person under the age of 18 years for primarily sexual purposes ;


### of a child engaged in real or simulated sexually explicit conduct ; or ### of a person under the age of 18 years engaged in real or simulated sexually explicit conduct ; or


### engaging in sexual activities with a child , where : ### engaging in sexual activities with a person under the age of 18 years , where :


### abuse is made of a particularly vulnerable situation of the child , notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a particularly vulnerable situation of the person , notably because of a mental or physical disability or a situation of dependence ; or


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of persons under the age of 18 years constitutes conduct as referred to in paragraph 1 .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who causes a person under the age of 18 years to become involved in sexual activities or who exploits that involvement where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years . ### any individual who recruits or forces a person under the age of 18 years to become involved in sexual activities where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who engages in sexual activities with a person under the age of 18 years and in exchange offers or promises money or other forms of remuneration or consideration , regardless of whether this payment , promise or consideration is made to the person under the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities or agreeing to engage with a child , irrespective of whether or not the sexual act is committed , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least six years .


### offences concerning child pornography ### offences concerning the depiction of sexual acts involving persons under the age of 18 years


### knowingly obtaining access , by means of information and communication technology , to child pornography shall be punishable by a maximum term of imprisonment of at least one year . ### knowingly obtaining access , by means of information and communication technology , to child pornography shall be punishable by a maximum term of imprisonment of at least one year . any deliberate act of consumption of child pornography shall be regarded as illegal , whether the material watched was saved on the offender’s computer or not . if the offender deliberately watches child pornography , irrespective of whether the images have been saved on his or her computer or not , he or she shall be guilty of the repeat victimisation of the child depicted in the material . in addition , there is a risk that the offender’s sexual interest in children may increase .


### distribution , dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two years . ### distribution , dissemination or transmission of the depiction of sexual acts involving persons under the age of 18 years constitutes conduct as referred to in paragraph 1 .


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to ensure that actions with the aim to manipulate a child for the following conduct are punishable :


### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse . ### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between persons at least one of whom is under the age of 18 years or involving persons who are similar in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse .


### 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 7 , they shall be considered as aggravating circumstances for the purposes of this directive : ### member states shall take the legislative or other measures required to ensure that the following circumstances , if they do not already form part of the constituent elements of the offences referred to in article 3 to 7 , can be considered as aggravating circumstances :


### the child has not reached the age of sexual consent under national law ; ### the victim has not reached the age of sexual consent under national law ;


### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ; ### the offence was committed against a victim in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ;


### the offence was committed by a member of the family , a person cohabiting with the child or a person having abused their authority ; ### the offence was committed by a member of the family , a person cohabiting with the victim or a person having abused their authority ;


### the offence endangered the life of the child ; ### the offence endangered the life of the victim ;


### the offence involved serious violence or caused serious harm to the child . ### the offence involved serious violence or caused serious harm to the victim .


### the offence involved serious violence or caused serious harm to the child . ### the offence involved serious violence or threat or caused or was likely to cause serious harm to the child .


### where at least one of the aggravating circumstances referred to in paragraph 1 are present , member states shall take the necessary measures to ensure that the offences referred to in articles 3 to 6 are punishable by effective , proportionate and dissuasive penalties which are more severe penalties than those foreseen in articles 3 to 6 for the basic offence . ### where at least one of the aggravating circumstances referred to in paragraph 1 are present , member states shall take the necessary measures to ensure that the offences referred to in articles 3 to 6 are punishable by effective , proportionate and dissuasive penalties which are more severe penalties than those foreseen in articles 3 to 6 for the basic offence which are legally available to member states in accordance with their criminal penalty and sentencing systems and which reflect the seriousness of the offences involved .


### 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 7 may be temporarily or permanently prevented from exercising activities involving regular contacts with children . ### 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 7 should be temporarily or permanently prevented from exercising activities involving regular contacts with children .


### 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 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 one of the following : ### 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 7 committed for their benefit by any natural 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 one of the following :


### member states shall provide for the possibility of not prosecuting or imposing penalties on child victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences . ### member states shall ensure that child victims of the offences referred to in articles 4 and article 5 to will not be prosecuted and will not have penalties imposed on them for their involvement in unlawful activities as a direct consequence of being subjected to those offences .


### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . ### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . those investigations shall be subject to prior authorisation by the relevant judicial authority in the member state concerned and shall be carried out under the supervision of that authority .


### member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals called upon to work in contact 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 . ### member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals whose primary task is to work in contact with persons under the age of 18 years 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 person under the age of 18 years is the victim of offences referred to in articles 3 to 7 .


### victims of the offences referred to in articles 3 to 7 shall be provided assistance , support and protection , taking into account the best interests of the child . ### persons under the age of 18 years who are the victim of the offences referred to in articles 3 to 7 shall be provided assistance , support and protection , taking into account their best interests .


### member states shall ensure that , where the age of a person subject to the offences referred to in articles 3 to 7 is uncertain and there are reasons to believe that the person is a child , the person is presumed to be a child in order to receive immediate access to assistance , support and protection in accordance with article 18 and 19 , pending verification of the age . ### member states shall ensure that , where the age of a person subject to the offences referred to in articles 3 to 7 is uncertain and there are reasons to believe that the person is under the age of 18 years , the person is presumed to be such in order to receive immediate access to assistance , support and protection in accordance with article 18 and 19 , pending verification of the age .


### member states shall take the necessary measures to ensure that the specific actions to assist and support victims in the short and long term , in their physical and psycho - social recovery , are undertaken following an individual assessment of the special circumstances of each particular child victim , taking due account of the child’s views , needs and concerns . ### member states shall take the necessary measures to ensure that the specific actions to assist and support victims in the short and long term , in their physical and psycho - social recovery , are undertaken following an individual assessment of the special circumstances of each particular victim , taking due account of the victim’s views , needs and concerns .


### victims of any of the offences referred to in articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to article 2 , article 8 and article 14 of framework decision 2001 / 220 / jha . ### persons under the age of 18 years who are the victim of any of the offences referred to in articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to article 2 , article 8 and article 14 of framework decision 2001 / 220 / jha .


### protection of child victims in criminal investigations and proceedings ### protection of victims in criminal investigations and proceedings


### member states shall take the necessary measures to ensure that in criminal investigations and proceedings , judicial authorities appoint a special representative for the child victim where , by 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 . ### member states shall take the necessary measures to ensure that in criminal investigations and proceedings , judicial authorities appoint a special representative for the child victim where , by national law , the holders of parental responsibility are precluded from representing the person under the age of 18 years as a result of a conflict of interest between them and the victim , or where the victim under the age of 18 years is unaccompanied or separated from the family . the victim shall be consulted before the decision is taken .


### member states shall ensure that child victims have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation ### member states shall ensure that victims under the age of 18 years have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation .


### interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities ; ### in principle , interviews with the victim under the age of 18 years take place without unjustified delay after the facts have been reported to the competent authorities ;


### interviews with the child victim take place , where necessary , in premises designed or adapted for this purpose ; ### in principle , interviews with the victim under the age of 18 years take place in premises designed or adapted for this purpose ;


### interviews with the child victim are carried out by or through professionals trained for this purpose ; ### in principle , interviews with the victim under the age of 18 years are carried out by or through professionals trained for this purpose ;


### the same persons , if possible and where appropriate , conduct all interviews with the child victim ; ### in principle , the same persons conduct all interviews with the victim under the age of 18 years ;


### 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 all interviews with the child victim or , where appropriate , with a child witness , may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings , according to the rules under its national law . ### 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 all interviews with the victim under the age of 18 years or , where appropriate , with a witness under the age of 18 years , may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings , according to the rules under its national law .


### the child victim may be heard in the courtroom without being present , notably through the use of appropriate communication technologies . ### the victim under the age of 18 years may be heard in the courtroom without being present directly , notably through the use of appropriate communication technologies .


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against persons under the age of 18 years . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law .


### such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend , including those who are below the age of criminal responsibility . ### such intervention programmes or measures shall be adapted to meet the specific developmental needs for persons who sexually offend , including those who are below the age of criminal responsibility .


### article 21 blocking access to websites containing child pornography member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards in particular to ensure that the blocking is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it . ### article 21 measures in connection with information and communication services member states shall take the necessary measures to obtain the immediate removal of depictions of sexual acts involving persons under the age of 18 years in information and communication services . the removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards to ensure that it is confined to what is strictly necessary . in addition , the european union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers on their territory . furthermore , the member states and institutions of the union and europol shall step up cooperation with international hotlines , such as inhope , with the aim of securing the prompt removal of such content .


### member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it . ### member states shall take the necessary measures to obtain the immediate removal of depictions of sexual acts involving persons under the age of 18 years in information and communication services . the removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards to ensure that it is confined to what is strictly necessary . in addition , the european union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers on their territory . furthermore , the member states and institutions of the union and europol shall step up cooperation with international hotlines , such as inhope , with the aim of securing the prompt removal of such content .


### the commonly accepted actuarial practice requires that a period of past observations between 20 and 40 years be used for interest rates and salary growth with a view to ensuring the balance of pension schemes . the moving averages for interest rates and salary growth should therefore be extended to 30 years with a transitional period of 8 years . ### the commonly accepted actuarial practice requires that a period of past observations between 20 and 40 years be used for interest rates and salary growth with a view to ensuring the balance of pension schemes . the moving averages for interest rates and salary growth should therefore be extended to 30 years with a transitional period of 8 years . the pension scheme reform should take into account the already existing pension gap between women and men and the potential effect this reform will have on the pensions of women , especially those in the lowest grades .


### point of article 47 shall be replaced by the following : ' at the end of the month in which the servant reaches the age of 65 , or , on an exceptional basis , at the date fixed in accordance with the second subparagraph of article 52 of the staff regulations ; or ' ### article 47 shall be replaced by the following : ' article 47 apart from cessation on death , the employment of temporary staff shall cease : at the end of the month in which the servant reaches the age of 65 years or , where applicable , at the date fixed in accordance with article 50c ; or where the contract is for a fixed period : on the date stated in the contract ; at the end of the period of notice specified in the contract giving the servant or the institution the option to terminate earlier . the period of notice shall not be less than one month per year of service , subject to a minimum of one month and a maximum of three months . for temporary staff whose contracts have been renewed the maximum shall be six months . the period of notice shall not , however , commence to run during pregnancy duly established by a medical certificate , maternity leave or sick leave , provided such sick leave does not exceed three months . it shall , moreover , be suspended during pregnancy duly established by a medical certificate , maternity or sick leave subject to the limits aforesaid . if the institution terminates the contract , the servant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires ; where the servant no longer satisfies the conditions laid down in article 12 , point , subject to the possibility of authorising an exception under that provision . should the exception not be authorised , the period of notice referred to in subpoint of this point shall apply ; or where the contract is for an indefinite period : at the end of the period of notice stipulated in the contract ; the length of the period of notice shall not be less than one month for each completed year of service , subject to a minimum of three months and a maximum of 10 months . the period of notice shall not , however , commence to run during pregnancy duly established by a medical certificate , maternity leave or sick leave , provided such sick leave does not exceed three months . it shall , moreover , be suspended during pregnancy duly established by a medical certificate , maternity or sick leave subject to the limits aforesaid ; or where the servant no longer satisfies the conditions laid down in article 12 , point , subject to the possibility of authorising an exception under that provision . should the exception not be authorised , the period of notice referred to in subpoint of this point shall apply . ' ;


### the procedures to be followed by european political parties and their affiliated european political foundations to obtain a european legal status pursuant to this regulation should be laid down , as should the procedures and criteria to be respected in arriving at a decision on whether to grant such a european legal status . it is also necessary to lay down the procedures for cases where a european political party or a european political foundation may forfeit , lose or give up its european legal status . ### the procedures to be followed by european political parties and their affiliated european political foundations to obtain a european legal status pursuant to this regulation should be laid down , as should the procedures and criteria to be respected in arriving at a decision on whether to grant such a european legal status . it is also necessary to lay down the impartial and transparent procedures for cases where a european political party or a european political foundation may forfeit , lose or give up its european legal status .


### at the date of adoption of the present proposal , the college will also adopt a commission working document on a proposal to amend the financial regulation introducing a new title on the financing of european political parties by means of contributions . the introduction of ‘ contributions’ for european political parties will be confirmed after the latter proposal has been adopted by the co - legislators . ### at the date of adoption of the present proposal , the college will also adopt a commission working document on a proposal to amend the financial regulation introducing a new title on the financing of european political parties by means of contributions . the introduction of ‘ contributions’ for european political parties will be confirmed after the latter proposal has been adopted by the co - legislators , ensuring continued coherence and clarity of definitions across both proposals .


### the bodies or natural persons holding , in each of the member states concerned , the power of legal representation , in particular for the purposes of the acquisition or disposal of movable and immovable property and of being a party to legal proceedings , ### the bodies or office - holders holding , in each of the member states concerned , the power of legal representation , in particular for the purposes of the acquisition or disposal of movable and immovable property and of being a party to legal proceedings ,


### a political foundation may register its statutes with the registry only through the european political party with which it is affiliated . ### a european political foundation may register its statutes with the registry only through the european political party with which it is affiliated .


### for matters not regulated by this regulation or , where matters are partly regulated by it , for those aspects not covered by it , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states . ### for matters not explicitly regulated by this regulation , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states .


### for matters not regulated by this regulation or , where matters are partly regulated by it , for those aspects not covered by it , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states . ### in matters that are not , or only partly , regulated by this regulation or the respective statutes , the european political party and the european political foundation shall be governed by the laws of the member state in which it has its seat . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states .


### a european political party or a european political foundation in one of the cases provided for under paragraph 1 points , or shall have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any unspent union funding recovered , including any unspent union funds from previous years . ### a european political party or a european political foundation in one of the cases provided for under paragraph 1 points , or shall have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any unspent union funding recovered , including any unspent union funds from previous years in accordance with the relevant provisions of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union1 . _____________ 1 oj l 298 , 26 . 10 . 2012 , p . 1 .


### financial contributions or grants from the general budget of the european union may not exceed 90% of the annual reimbursable expenditure of a european political party and 95% of the annual eligible costs indicated in the budget of a european political foundation . european political parties may use any unused part of the eu contribution awarded to cover reimbursable expenditure within the following two financial years after its award . amounts unused following those two financial years shall be recovered in accordance with the financial regulation . ### financial contributions or grants from the general budget of the european union may not exceed 95% of the annual reimbursable expenditure of a european political party and 95% of the annual eligible costs indicated in the budget of a european political foundation . unused part of the union contribution may be carried over for party purposes , including the financing of the immovable property within the territory of the member states or in order to afford the forthcoming european elections . any part of the contribution not used within the financial year covered by this contribution may be used to make up reserves . this part of the contribution can be used to finance immovable property within the territory of the member states or to face up the forthcoming european elections . the remaining part of the contribution that is not spent by the year following those elections shall be recovered by the end of the financial year following those elections in accordance with chapter 5 of part one of the financial regulation . european political foundations may also carry over any unused part of the grant to cover reimbursable expenditure . amounts unused shall be recovered in accordance with the financial regulation .


### donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern it , ### donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern the individual undertaking concerned ,


### donations from any public authority from a third country , including from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern it . ### donations from any public authority from a third country , including from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern the individual undertaking concerned .


### any natural or legal person donating to a european political party or european political foundation within or across borders shall benefit from the same tax treatment that is applicable to donations made to a political party or political foundation that has its seat in the member state where the donor is resident for tax purposes . ### without prejudice to existing national thresholds and the autonomy of member state tax law , any natural or legal person donating to a european political party or european political foundation within or across borders shall benefit from the same tax treatment that is applicable to donations made to a political party or political foundation that has its seat in the member state where the donor is resident for tax purposes .


### when setting the amount of a fine imposed on a european political party or a european political foundation pursuant to paragraph 2 , the european parliament shall take into account the gravity , duration and , where relevant , recurrence of the infringement , the time that has elapsed , the intention or degree of negligence , and any measures taken to comply with the conditions and requirements of this regulation . any fine must be effective and dissuasive , and may not exceed 10% of the annual budget of the european political party or the european political foundation in question corresponding to the year in which the sanction is imposed . ### when setting the amount of a fine imposed on a european political party or a european political foundation pursuant to paragraph 2 , the european parliament shall take into account the gravity , duration and , where relevant , recurrence of the infringement , the time that has elapsed , the intention or degree of negligence , and the appropriateness , timing of any measures taken by the european political party or european political foundation to comply with the conditions and requirements of this regulation . any fine must be effective and dissuasive , and may not exceed 10% of the annual budget of the european political party or the european political foundation in question corresponding to the year in which the sanction is imposed .


### the penalties imposed pursuant to this article shall apply to all european political parties and european political foundations irrespective of whether they receive union funding . the authorising officer responsible may impose administrative and / or financial penalties in accordance with article [ 96 ] of the financial regulation and article [ 145 ] of its rules of application on any european political party or european political foundation that is in one of the cases referred to in article [ 96 ] of the financial regulation not covered by the paragraphs above . ### the penalties imposed pursuant to this article shall apply to all european political parties and european political foundations which are recognised according to the provisions of this regulation , notwithstanding whether they receive union funding . the contracting authority may impose administrative and / or financial penalties in accordance with article 109 of the financial regulation and article 145 of its rules of application on any european political party or european political foundation that is in one of the cases referred to in article 109 of the financial regulation not covered by the paragraphs above .


### the registry shall publish on a website created for the purpose the following : ### at the latest four weeks after the communication date or after the european parliament has adopted its decision , the registry shall publish on a website created for the purpose the following :


### the european parliament shall provide for administrative appeal procedures in relation to any decisions linked to the registration of statutes , funding or penalties . ### the european parliament shall provide for swift and transparent administrative appeal procedures in relation to any decisions linked to the registration of statutes , funding or penalties .