### 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 contract terms member states shall provide that&#160 ; a term in a contract or commercial practice relating to the date or period for payment , the rate of interest for late payment or compensation for recovery costs shall&#160 ; be&#160 ; unenforceable and shall give rise to a claim for damages if it is unfair to the creditor . if such a term is held to be unfair , the statutory terms will apply unless the national court concerned determines different conditions which are fair . 1a . in determining whether&#160 ; a term or commercial practice is unfair to the creditor , &#160 ; within the meaning of paragraph 1 , all circumstances of the case shall be considered , including : any gross deviation from good commercial practice , contrary to good faith and fair dealing , the nature of the product&#160 ; or the service , whether the debtor has any objective reason to deviate from&#160 ; the statutory rate of interest or from article 3 , article 4 or article 5 , and whether the term or commercial practice mainly serves the purpose of procuring for the debtor any additional liquidity at the expense of the creditor .


### 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 . 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 .


### the means referred to in paragraph 2 shall include provisions whereby representative organisations may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that clauses are grossly unfair , so that they can apply appropriate and effective means to prevent their continued use . ### the means referred to in paragraph 2 shall include provisions whereby organisations officially recognised as , or having a legitimate interest in , representing enterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that terms or commercial practices , including in the case of an individual contract , are unfair , so that they can apply appropriate and effective means to prevent their use .


### increasing efforts to reduce soil erosion and increase soil organic matter , to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision - making involving all relevant levels of government , supported by the adoption of targets on soil and on land as a resource , and land planning objectives . ### increasing efforts to reduce soil erosion and increase soil organic matter , through the use of new farming practices , whole safeguarding livestock farming , to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision - making involving all relevant levels of government , supported by the adoption of targets on soil and on land as a resource , and land planning objectives .


### giving impetus to the public and private research and innovation efforts required for rolling out innovative technologies , systems and business models which will speed up and lower the cost of transition to a low - carbon , resource - efficient economy . ### giving impetus to the public and private research and innovation efforts required for rolling out innovative technologies , systems and business models which will speed up and lower the cost of transition to a low - carbon , resource - efficient economy and which will help the reduction of food waste within the food chain by 50 % by 2030 .


### innovation to improve resource efficiency is required across the economy to improve competitiveness in the context of rising resource prices , scarcity and supply constraints . the business sector is the prime driver of innovation , including eco - innovation . however , markets will not deliver on their own . government action , at union and member state level , is essential to provide the right framework conditions for eco - innovation , stimulating the development of sustainable business or technological solutions to environmental challenges . ### research and innovation to improve resource efficiency is required across the economy to improve competitiveness in the context of rising resource prices , scarcity and supply constraints . there is a need for innovation in the energy consumption of agricultural machinery in order to increase energy efficiency and reduce co2 emissions , as well as a need to incentivise the modernisation of farms in order to adopt innovative methods and technology . the business sector is the prime driver of innovation , including eco - innovation . however , markets will not deliver on their own . government action , at union and member state level , is essential to provide the right framework conditions for eco - innovation , stimulating the development of sustainable business or technological solutions to environmental challenges .


### 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 .


### progressively phasing out environmentally harmful subsidies , increasing the use of market - based instruments , including taxation , pricing and charging , and expanding markets for environmental goods and services , with due regard to any adverse social impacts . ### a better link between the agricultural subsidies and public goods delivery , increasing the use of market - based instruments , including taxation , pricing and charging , and expanding markets for environmental goods and services , with due regard to any adverse social impacts .


### not later than six years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every six years . ### not later than three years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the council and the european parliament a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every three 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 the depiction of sexual acts involving persons under the age of 18 years constitutes conduct as referred to in paragraph 1 .


### causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### causing a person under the age of 18 years to participate in pornographic performances constitutes conduct as referred to in paragraph 1 .


### coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years . ### coercing a person under the age of 18 years to participate in pornographic performances constitutes conduct as referred to in paragraph 1 .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least one year . ### acquisition or possession of material concerning 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 : the proposal , by means of information and communication technology , by an adult to meet a child who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting , shall be punishable by a maximum term of imprisonment of at least two years . ### member states shall take the necessary measures to ensure that the following intentionally committed conduct is punishable and that , in accordance with their system of criminal penalties , the crime is punished by means of the imposition of a sentence which reflects its seriousness : the proposal , by means of information and communication technology , by an adult to meet a person who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting .


### 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 .


### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person’s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose . ### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with persons under the age of 18 years , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person’s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose .


### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person ' s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose . ### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising professional and volunteer activities related to the supervision of children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person ' s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose .


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


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### other measures to prevent such content from becoming available , such as internet blocking mechanisms , shall be a matter for the member states . they may be taken only once all measures to secure the removal of content have been exhausted and it is clear , on that basis , that removal is impossible . in addition , the measures must be confined to what is strictly necessary , shall be subject to review by a judge , and the persons affected by such a measure shall be informed of the reasons for the decision . persons affected shall have the right to seek legal remedy .


### use is made of coercion , force or threats shall be punishable by a maximum term of imprisonment of at least ten years . ### use is made of coercion , force or threats ,


### 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 .


### 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 persons under the age of 18 years . at all events , an order to that effect should be made when offenders are sentenced ; it should take account of the offender ' s rights under articles 5 and 7 of the european convention for the protection of human rights and fundamental freedoms . in addition , offenders should have access to support or treatment programmes on a voluntary basis .


### 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 .


### 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 .


### 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 may be temporarily or permanently prevented from exercising activities involving regular contacts with persons under the age of 18 years .


### 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 .


### recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years . ### recruiting a person under the age of 18 years to participate in pornographic performances constitutes conduct as referred to in paragraph 1 .


### ‘ child pornography’ shall mean ### ‘ the depiction of sexual acts involving persons under the age of 18 years’ means :


### coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years . ### coercing a person under the age of 18 years to participate in pornographic performances constitutes conduct as referred to in 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 .


### coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years . ### coercing a person under the age of 18 years into sexual activities with a third party constitutes conduct as referred to in paragraph 1 .


### 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 .


### causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### causing a person under the age of 18 years to participate in pornographic performances constitutes conduct as referred to in paragraph 1 .


### 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 ensure that the following intentional conduct is punishable : the proposal , by means of information and communication technology , by an adult to meet a child who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting , shall be punishable by a maximum term of imprisonment of at least two years . ### member states shall take the necessary measures to ensure that the following intentionally committed conduct is punishable and that , in accordance with their system of criminal penalties , the crime is punished by means of the imposition of a sentence which reflects its seriousness : the proposal , by means of information and communication technology , by an adult to meet a person who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting .


### causing , for sexual purposes , a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall be punishable by a maximum term of imprisonment of at least two years . ### causing , for sexual purposes , a person who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall constitute conduct as referred to in paragraph 1 .


### profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### profiting from or otherwise exploiting a person under the age of 18 years participating in pornographic performances constitutes conduct as referred to in paragraph 1 .


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### the proposal , by means of information and communication technology , by an adult to meet a child who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting , shall be punishable by a maximum term of imprisonment of at least two years . ### where an adult attracts a child who has not reached the age of sexual consent under national law , including by means of information and communication technology , to commit any of the offences referred to in articles 3 and article 5 , this shall be punishable by a maximum term of imprisonment of at least two years .


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


### abuse is made of a recognised position of trust , authority or influence over the child shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a recognised position of trust , authority or influence over the person ; or


### acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least one year . ### acquisition or possession of material concerning 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 intentional conduct referred to in paragraphs 2 to 6 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### interviews with the child victim take place , where necessary , in premises designed or adapted for this purpose ; ### interviews with the child victim take place in premises designed or adapted for this purpose , and where the child feels safe ;


### ‘ child pornography’ shall mean ### ‘ the depiction of sexual acts involving persons under the age of 18 years’ means :


### 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 the depiction of sexual acts involving persons under the age of 18 years constitutes conduct as referred to in 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 .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### 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 .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### other measures to prevent such content from becoming available , such as internet blocking mechanisms , shall be a matter for the member states . they may be taken only once all measures to secure the removal of content have been exhausted and it is clear , on that basis , that removal is impossible . in addition , the measures must be confined to what is strictly necessary , shall be subject to review by a judge , and the persons affected by such a measure shall be informed of the reasons for the decision . persons affected shall have the right to seek legal remedy .


### 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 persons under the age of 18 years . at all events , an order to that effect should be made when offenders are sentenced ; it should take account of the offender ' s rights under articles 5 and 7 of the european convention for the protection of human rights and fundamental freedoms . in addition , offenders should have access to support or treatment programmes on a voluntary basis .


### 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 .


### engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities with a person who has not reached the age of sexual consent under national law shall constitute conduct as referred to in paragraph 1 .


### 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 .


### 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 .


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable and support investigative units or services to attempt to identify without delay the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### 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 take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### 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


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to prevent or prohibit the following forms of intentional conduct and lay them down in law as criminal offences and , in accordance with their systems of criminal penalties , punish them by means of the imposition of sentences which reflect their seriousness :


### causing , for sexual purposes , a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall be punishable by a maximum term of imprisonment of at least two years . ### causing , for sexual purposes , a person who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall constitute conduct as referred to in paragraph 1 .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools , including the activation of early warning systems , should be made available to those responsible for the investigation and prosecutions of such offences . these investigations should be subject to prior authorisation by the relevant judicial authority in the member state concerned and should be carried out under the supervision of that authority .


### 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 may be temporarily or permanently prevented from exercising professional and volunteer activities related to the supervision of children .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 6 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### 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 .


### profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### profiting from or otherwise exploiting a person under the age of 18 years participating in pornographic performances constitutes conduct as referred to in paragraph 1 .


### 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 .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### pending the removal , member states shall take the necessary complementary measures to ensure that access to webpages containing or disseminating child pornography are blocked without delay towards the internet users in their territory . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking , taking into account technical characteristics , 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 .


### 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 .


### 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 .


### 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 .


### 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 .


### 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 .


### coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years . ### coercing a person under the age of 18 years to participate in pornographic performances constitutes conduct as referred to in paragraph 1 .


### the child victim may be accompanied by his or her legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person . ### the victim under the age of 18 years may be accompanied by his or her legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person .


### production of child pornography shall be punishable by a maximum term of imprisonment of at least five years . ### production 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 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 provide for the possibility of not prosecuting or imposing penalties on persons who are 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 take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 to report these facts to the competent services . ### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 committed against a person under the age of 18 years to report these facts to the competent services .


### 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 .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person ' s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose . ### member states shall require authorities to ensure that candidates for professions working with children and / or persons involved in regular activities with children do not hold a criminal record including offences in relation to the offences governed by articles 3 to 8 of this directive . where applicable , the criminal record of any member state in which the candidate was resident for more than two years should be checked . by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person ' s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose .


### article 42a shall be amended as follows : in the second sentence of the first paragraph , the word ' institutions ' shall be replaced by ' appointing authority of each institution ' ; in the last sentence of the third paragraph , the word ' adapted ' shall be replaced by ' updated ' ; ### article 42a shall be replaced by the following : ' article 42a an official shall be entitled to up to six months of parental leave without basic salary for every child , to be taken during the first twelve years after the birth or adoption of the child . the duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the appointing authority of each institution . the minimum leave taken at any one time shall not be less than one month . during parental leave , the official ' s membership of the social security scheme shall continue ; the acquisition of pension rights , dependent child allowance and education allowance shall be maintained . the official shall retain his post , and continue to be entitled to advancement to a higher step or promotion in grade . the leave may be taken as full - time or half - time leave . where parental leave is taken in the form of half - time leave , the maximum period provided for in the first paragraph shall be doubled . during parental leave , the official shall be entitled to an allowance of eur 911 . 73 per month or 50 % of such sum if on half - time leave but may not engage in any other gainful employment . the full contribution to the social security scheme provided for in articles 72 and 73 shall be borne by the institution and calculated on the basis of the basic salary of the official . however , in the case of half - time leave this provision shall apply only to the difference between the full basic salary and the proportionally reduced basic salary . for the part of the basic salary actually received , the official ' s contribution shall be calculated by using the same percentages as if he were in full - time employment . the allowance shall be eur 1 215 . 63 per month , or 50 % of such sum if the official is on half - time leave , for the single parents referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave . the parental leave may be extended for a further six months with an allowance limited to 50 % of the amount referred to in the second paragraph . for single parents as referred to in the first paragraph , the parental leave may be extended for a further twelve months with an allowance limited to 50% of the amount referred to in the third paragraph . the amounts mentioned in this article shall be updated in line with remuneration . ' ;


### the funding of european political parties and european political foundations from the general budget of the european union or from any other source shall not be used to finance national , regional or local referenda campaigns . ### the funding of european political parties and european political foundations from the general budget of the european union or from any other source shall not be used to finance national , regional or local referenda campaigns , with an exception allowed for european political parties when their subject is european union legislation or the referendum directly concerns the functioning of an eu institution .


### 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 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 and their affiliated european political foundations may use any unused part of the eu contribution or grant 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 .


### the european political party and the european political foundation shall have full legal recognition and capacity in all member states . ### the european political party and the european political foundation shall have full legal capacity in all member states .


### ‘ donation’ means cash offerings and other donations in kind that constitute an economic advantage for the european political party or the european political foundation concerned . ### ‘ donation’ means cash offerings and other donations in kind that constitute an economic advantage for the european political party or the european political foundation concerned . membership of a european political party and participation in its political activities on a voluntary basis does not constitute a donation .


### 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 that are only partly , regulated by this regulation or by 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 .


### the democratic election of and democratic decision - making processes for all other governing bodies , specifying for each its powers , responsibilities and composition , and including the modalities for the appointment and dismissal of its members and clear and transparent criteria for the selection of candidates and the election of office - holders , whose mandate must be limited in time but may be renewable , ### the democratic election of and democratic decision - making processes for all other governing bodies , specifying for each its powers , responsibilities and composition ; these provisions shall include , firstly clear and transparent criteria for the selection of candidates to these governing bodies , secondly , the modalities for the appointment and dismissal of its members , and , thirdly , the selection of office - holders , whose mandate must be limited in time but may be renewable ,


### 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 the budgets of political groups in the european parliament , ### donations from the budgets of political groups in the european parliament , although contributions to the organisation of joint events shall not be considered as donations ,


### goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last substantial transformation . ### goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last , substantial , economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture .


### in certain cases the obligation to lodge a supplementary declaration shall be waved . ### a supplementary declaration shall not be required in the following cases : goods are placed under a customs warehousing procedure ; goods are placed under a special procedure provided that : two or more authorisations for a special procedure are granted to the same person ; that special procedure is discharged by the placement of the goods under the subsequent customs procedure using entry in the declarant ' s records . the simplified declaration concerns goods the value and quantity of which is below the statistical threshold ; the simplified declaration already contains all the information needed for the customs procedure concerned ; the simplified declaration is not made by entry in the declarant ' s records .


### the customs office at which the goods are presented shall , without prejudice to its own controls , carry out any examination justifiably requested by the customs office at which the customs declaration has been lodged . ### the customs office at which the goods are presented shall , without prejudice to its own controls for security and safety purposes , carry out any examination justifiably requested by the customs office at which the customs declaration has been lodged and shall allow release of the goods , taking into account information received from that office .


### where an appeal is lodged under article 37 , the periods laid down in paragraphs 1 and 2 shall be suspended , for the duration of the appeal proceedings , from the date on which the appeal is lodged . ### periods laid down in paragraphs 1 and 2 shall be suspended for the time period referred to in article 24 , paragraph 4 . where an appeal is lodged under article 37 , the periods laid down in paragraphs 1 and 2 of this article shall be suspended , for the duration of the appeal proceedings , from the date on which the appeal is lodged .


### the customs office at which the customs declaration is lodged shall carry out the formalities for the verification of the declaration , and the recovery of the amount of import or export duty corresponding to any customs debt . ### the customs office at which the customs declaration is lodged or made available shall carry out the formalities for the verification of the declaration , the recovery of the amount of import or export duty corresponding to any customs debt and for granting release of the goods . information received from that office .


### the customs office at which the goods are presented shall , without prejudice to its own controls , carry out any examination justifiably requested by the customs office at which the customs declaration has been is lodged . ### the customs office at which the goods are presented shall , without prejudice to its own controls for security and safety purposes , carry out any examination justifiably requested by the customs office at which the customs declaration is lodged or made available and shall allow release of the goods , taking into account information received from that office .


### the commission shall adopt an implementing act , containing the plants , plant products and other objects , and the prohibitions and the third countries concerned , as set out in part a of annex iii to directive 2000 / 29 / ec . ### the commission shall adopt an implementing act , containing the plants , plant products and other objects , and the authorisations and containment measures and the third countries concerned . the containment measures shall meet special or equivalent requirements .


### prohibition of introduction of plants , plant products and other objects into the union territory ### criteria for to the entry into the union of plants , plant products and other objects


### the implementing acts referred to in paragraph 1 may provide that the measures , referred to in points to of paragraph 1 , taken by the member states are to be repealed or amended . until a measure has been adopted by the commission , the member state may maintain the measures that it has employed . ### the delegated acts referred to in paragraph 1 may provide that the measures , referred to in points to of paragraph 1 , taken by the member states are to be repealed or amended . until a measure has been adopted by the commission , the member state may maintain the measures that it has employed .


### early detection of the presence of pests is extremely important for timely and effective eradication . member states should therefore conduct surveys for the presence of union quarantine pests in the areas where those pests were not known to be present . in view of the number of union quarantine pests and the time and resources required to carry out those surveys , member states should establish multi - annual survey programmes . ### prevention , protective measures and early detection of the presence of pests is extremely important for timely and effective eradication . member states should therefore conduct surveys for the presence of union quarantine pests in the areas where those pests were not known to be present . in view of the number of union quarantine pests and the time and resources required to carry out those surveys , member states should establish multi - annual survey programmes .


### the commission shall , by means of an implementing act , establish a list setting out the union quality pests and the specific plants for planting , as referred to in article 36 , where appropriate with the categories referred to in paragraph 4 and thresholds referred to in paragraph 5 . ### a list shall be established setting out the union quality pests and the specific plants for planting , as referred to in article 36 , where appropriate with the categories referred to in paragraph 4 and thresholds referred to in paragraph 5 . that list shall form part of annex ic .


### the implementing acts amending the implementing act referred to in paragraph 2 shall be adopted in accordance with the examination procedure referred to in article 99 . the same procedure shall apply to a repeal or a replacement of the implementing act referred to in paragraph 2 . ### the same procedure shall apply to a repeal or a replacement of the list referred to in paragraph 2 .


### member states and international transport operators shall make information available to passengers concerning the prohibitions , set out pursuant to article 40 , the requirements , set out pursuant to articles 41 and 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory . ### member states shall ensure that international transport operators make information available to passengers concerning the list of plants , plant products and other objects , drawn up pursuant to article 40 , the requirements , set out pursuant to article 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory .


### they are grown or produced in areas of third countries in the vicinity of their border with member states ; ### they are grown or produced in areas of third countries in the vicinity of their land border with member states ;


### on duly justified imperative grounds of urgency relating to a serious phytosanitary risk , the commission shall adopt immediately applicable implementing acts , in accordance with the procedure referred to in article 99 , listing union quarantine pests as priority pests . ### on duly justified imperative grounds of urgency relating to a serious phytosanitary risk , the commission shall be empowered to adopt immediately applicable delegated acts , in accordance with the procedure referred to in article 98a , listing union quarantine pests as priority pests .


### the commission shall , by means of an implementing act , establish a list setting out the union quality pests and the specific plants for planting , as referred to in article 36 , where appropriate with the categories referred to in paragraph 4 and thresholds referred to in paragraph 5 . ### a list setting out the union quality pests and the specific plants for planting , as referred to in article 36 , where appropriate with the categories referred to in paragraph 4 and thresholds referred to in paragraph 5 is laid down in annex ic .


### the commission shall , by means of an implementing act , establish a list of pests fulfilling the conditions referred to in article 3 , and in respect of the union territory , referred to as ' list of union quarantine pests ' . ### a list of pests fulfilling the conditions referred to in article 3 , and shall be established in respect of the union territory , referred to as ' list of union quarantine pests ' .


### member states and international transport operators shall make information available to passengers concerning the prohibitions , set out pursuant to article 40 , the requirements , set out pursuant to articles 41 and 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory . ### member states shall ensure that international transport operators make information available to passengers concerning the list of plants , plant products and other objects , pursuant to article 40 , the requirements , set out pursuant to article 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory .


### exception from prohibitions and requirements for phytosanitary transit ### requirements for phytosanitary transit


### it supplies exclusively small , as appropriate to the plants , plant products and other objects concerned , quantities of plants , plant products and other objects to final users , by other means than sales through distance contracts ; ### it supplies exclusively small , as appropriate to the plants other than plants for planting , plant products and other objects concerned , quantities of plants other than plants for planting , plant products and other objects to final users , by other means than sales through distance contracts ;


### those exercises shall take place with regards to all priority pests concerned within a reasonable period of time . ### those exercises shall take place with regard to all priority pests concerned within a reasonable period of time and with the involvement of the stakeholders concerned .


### it supplies exclusively small , as appropriate to the plants , plant products and other objects concerned , quantities of plants , plant products and other objects to final users , by other means than sales through distance contracts ; ### it supplies exclusively small quantities of plants , plant products and other objects to final users ;


### economic impacts : the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point of section i for crops with a total annual production value for the union territory of at least eur 1 billion . ### economic impacts : the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point of section 1 for crops in the union territory .


### under certain conditions member states should be allowed to adopt more stringent eradication measures than required by union legislation . ### under certain conditions member states should be allowed to adopt more stringent eradication measures than required by union legislation , as long as they are applied in a sustainable way .


### in case the commission concludes that prevention measures in locations outside restricted areas are necessary to protect the part of the union territory where the union quarantine pest concerned is not present , the commission may adopt implementing acts , as referred to in paragraph 1 , setting out such measures . ### in case the commission concludes that prevention measures in locations outside restricted areas are necessary to protect the part of the union territory where the union quarantine pest concerned is not present , the commission shall be empowered to adopt delegated acts , in accordance with article 98 , setting out such measures .


### that information shall be provided in the form of posters or brochures , which , where appropriate , shall be made available through the internet . ### that information may be provided in the form of posters or brochures , which , where appropriate , shall be made available through the internet .


### where , as regards a restricted area , the commission concludes , on the basis of the surveys referred to in article 18 or other evidence , that the eradication of the union quarantine pest concerned is not possible , the commission may adopt implementing acts , as referred to in paragraph 1 , which set out measures with the single purpose of prevention of the spread of those pests out of the areas concerned . such prevention is referred to as ' containment ' . ### where , as regards a restricted area , the commission concludes , on the basis of the surveys referred to in article 18 or other evidence , that the eradication of the union quarantine pest concerned is not possible , the commission shall be empowered to adopt delegated acts , in accordance with article 98 , which set out measures with the single purpose of prevention of the spread of those pests out of the areas concerned . such prevention is referred to as ' containment ' .