### (1) third-party litigation funding is a commercial practice which is quickly developing into a litigation services market without any proper legislative framework being in place at union level. despite the fact that litigation funders are regularly established and operating in various member states , domestically or across borders , they have so far been subject to different national rules and practices. diverging rules and practices in member states are likely to constitute an obstacle to the functioning of the internal market. a lack of clarity on the terms on which commercial third party litigation funders (‘litigation funders’) may operate , in particular taking into account that litigation funders can easily be attracted by cross-border cases , is not compatible with the proper functioning of the internal market. divergences in the legal framework applicable in each member state entail a risk of forum shopping by litigation funders , which could be influenced by the favourability of certain national rules concerning their establishment , the law applicable to funding agreements and national procedural rules. ### (1) third-party litigation funding is a commercial practice which is quickly developing into a litigation services market without any proper legislative framework being in place at union level. despite the fact that litigation funders are regularly established and operating in various member states , domestically or across borders , they have so far been subject to different national rules and practices. diverging rules and practices in member states are likely to constitute an obstacle to the functioning of the internal market. a lack of clarity on the terms on which commercial third party litigation funders (‘litigation funders’) may operate , in particular taking into account that cross-border cases may only be possible to fund through a third party , is not compatible with the proper functioning of the internal market. divergences in the legal framework applicable in each member state entail a risk of forum shopping by litigation funders , which could be influenced by the favourability of certain national rules concerning their establishment ,the law applicable to funding agreements and national procedural rules.


### (2) union law seeks to ensure a balance between access to justice and providing appropriate safeguards to those engaged in proceedings , to prevent their wish to access justice from being unjustly exploited. when litigation funders provide financing for legal proceedings in exchange for a share of any compensation awarded , a material risk of injustice can arise. that risk includes litigation funders being able to take advantage of claimants , or those they represent , including where relevant consumers whose interests are represented by qualified entities , to serve their own purposes and to maximise their own return , thus leaving claimants or intended beneficiaries materially disadvantaged. the risks can be particularly acute where those expecting to benefit from litigation are consumers , who might welcome the involvement of a litigation funder ready to pay for proceedings , without appreciating that their interests could be subverted in favour of the litigation funder’s own interests. ### (2) union law seeks to ensure a balance between access to justice and providing appropriate safeguards to those engaged in proceedings , to prevent their wish to access justice from being unjustly exploited. when litigation funders provide financing for legal proceedings in exchange for a share of any compensation awarded , a risk of injustice can arise. that risk includes litigation funders being able to take advantage of claimants , or those whom they represent , including where relevant consumers whose interests are represented by qualified entities , to serve their own purposes and to maximise their own return , thus leaving claimants or intended beneficiaries with a reduced share of the potential award. the risks can be particularly acute where those expecting to benefit from litigation are consumers or victims of human rights violations , who might welcome the involvement of a litigation funder ready to pay for proceedings , without appreciating that their interests could be subverted in favour of the litigation funder’s own interests.


### (3) as the internal market facilitates increasing cross-border trade , as disputes are increasingly cross-border , and as the activities of litigation funders are global in nature , the risk of material divergences in member state approaches to safeguards and the protections necessary with regard to third party funding is acute. voluntary approaches have not been successful or subscribed to by the majority of the industry , and , in any event , non-legislative measures would not be appropriate in light of such material risks , including to consumers. ### (3) as the internal market facilitates increasing cross-border trade , as disputes are increasingly cross-border , and as the activities of litigation funders are global in nature , the risk of material divergences in member state approaches to safeguards and the protections necessary with regard to third party funding is acute. voluntary approaches have been successful to some extent but not always subscribed to by the majority of the industry , and , in any event , non-legislative measures would not be appropriate in light of such material risks , including to consumers and vulnerable categories of citizens , including from third countries.


### (9) supervisory authorities within the union granting authorisations to conduct third-party litigation funding activities should be empowered to require that litigation funders comply with minimum criteria laid down by this directive. such criteria should include provisions relating to governance , transparency , capital adequacy , and observance of a fiduciary duty to claimants and intended beneficiaries. supervisory authorities should be empowered to make any necessary orders , including the power to receive from litigation funders applications for authorisation and to decide upon them , to gather any necessary information , grant , deny or withdraw any authorisation or to impose any condition , restriction or penalty upon any litigation funder , as well as to investigate any complaint against any litigation funder conducting activities within their jurisdiction. ### (9) supervisory authorities within the union granting authorisations to conduct third-party litigation funding activities should be empowered to require that litigation funders comply with minimum criteria laid down by this directive. such criteria should include provisions relating to governance , transparency , capital adequacy , and observance of a fiduciary duty to claimants and intended beneficiaries. supervisory authorities should be empowered to make any necessary orders , including the power to receive from litigation funders applications for authorisation and to decide upon them , to gather any necessary information , grant , deny , suspend or withdraw any authorisation or to impose any condition , restriction or penalty upon any litigation funder , as well as to investigate without undue delay any complaint against any litigation funder conducting activities within their jurisdiction.


### (11) litigation funders should be required to commit to being bound to a duty to act fairly , transparently and in the best interests of claimants and intended beneficiaries of claims. a lack of a requirement to place the interests of claimants and intended beneficiaries ahead of a litigation funder’s own interests creates the risk of proceedings being directed in a manner that ultimately serves the interests of the litigation funder , rather than those of the claimant. ### (11) litigation funders should be bound to a duty to act fairly , transparently and in the best interests of claimants and intended beneficiaries of claims. a lack of a requirement to place the interests of claimants and intended beneficiaries ahead of a litigation funder’s own interests creates the risk of proceedings being directed in a manner that ultimately serves the interests of the litigation funder , rather than those of the claimant.


### (12) to prevent circumvention of the requirements of this directive , agreements entered into with third party funders not having the necessary authorisation should have no legal effect. the burden to acquire the necessary authorisations should be on litigation funders themselves , and therefore claimants and intended beneficiaries should be indemnified in respect of any harm caused by a litigation funder not having the necessary authorisation. ### (12) to prevent circumvention of the requirements of this directive , agreements entered into with third party funders who do not have the necessary authorisation should have no legal effect. the burden to acquire the necessary authorisations should be on litigation funders themselves , and therefore claimants and intended beneficiaries should be indemnified in respect of any harm caused by a litigation funder not having the necessary authorisation.


### (16) to facilitate the provision of cross border litigation funding services in those member states where it is permitted under national law , member states should be able to cooperate , share information , and should be required to take full account of each other’s authorisation decisions. ### (16) to facilitate the provision of cross border litigation funding services in those member states where it is permitted under national law , member states should be able to cooperate , share information and best practices , and should be required to take full account of each other’s authorisation decisions.


### (19) courts or administrative authorities should be empowered , where a third-party funding agreement is relevant to the case before them , either upon request by a party to the proceedings to review the agreement , or following an action brought before them against the administrative decision of a supervisory authority which has become final , to deal with such a case in a way which allows them to assess whether this directive is complied with. ### (19) courts or administrative authorities should be empowered , where a third-party funding agreement is relevant to the case before them , either upon request by a party to the proceedings , on their own initiative , or following an action brought before them against the administrative decision of a supervisory authority which has become final , to deal with such a case in a way which allows them to assess whether this directive is complied with.


### (22) the adequacy of supervision of litigation funders and third-party funding agreements cannot be ensured absent obligations on litigation funders to be transparent regarding their activities. this includes transparency vis-à-vis courts or administrative authorities , defendants and claimants , and therefore obligations should apply to disclose third party funding agreements in full to courts or administrative authorities and defendants , subject to appropriate limitations to protect any necessary confidentiality. ### (22) the adequacy of supervision of litigation funders and third-party funding agreements cannot be ensured absent obligations on litigation funders to be transparent regarding their activities. this includes transparency vis-à-vis courts or administrative authorities and claimants , and therefore obligations should apply to disclose third party funding agreements in full to courts or administrative authorities , subject to appropriate limitations to protect any necessary confidentiality.


### (23) in proceedings to which a third-party funding agreement applies , the relevant court or administrative authority should assess upon request by a party to the proceedings whether that agreement complies with this directive and whether claimants and those they represent , including consumers , are protected. ### (23) in proceedings to which a third-party funding agreement applies , the relevant court or administrative authority should assess upon request by a party to the proceedings , or on the own initiative of the court or administrative authority being appointed for judging the case in which a third-party funding agreement is relevant , whether that agreement complies with this directive and whether claimants and those they represent , including consumers , are protected.


### (23) in proceedings to which a third-party funding agreement applies , the relevant court or administrative authority should assess upon request by a party to the proceedings whether that agreement complies with this directive and whether claimants and those they represent , including consumers , are protected. ### (23) in proceedings to which a third-party funding agreement applies , the relevant court or administrative authority should assess without undue delay and upon request by a party to the proceedings raising justified concerns whether that agreement complies with this directive and whether claimants and those they represent , including consumers , are protected.


### (24) litigation funders should establish internal processes to avoid conflicts of interests between the litigation funder and claimants. compliance with transparency requirements should ensure that claimants are fully aware of any relationship a litigation funder may have with defendants , lawyers , other litigation funders , or any other third party , which may create an actual or perceived conflict. ### (24) litigation funders should establish internal good governance processes to avoid conflicts of interests between the litigation funder and claimants. compliance with transparency requirements should ensure that claimants are fully aware of any relationship a litigation funder may have with defendants , lawyers , other litigation funders , or any other third party involved in the case , which may create an actual or perceived conflict.


### (25) litigation funders that have a direct interest in the financial outcome of proceedings may be incentivised to claim unfair , disproportionate or unreasonable rewards at the expense of claimants. courts or administrative authorities should be empowered to assess the context of third-party funding agreements relevant to the case before them , including the legal position and the knowledge of the claimants , in order to determine effectively whether in all the circumstances the third-party funding agreement is fair and complies with the laws of the member state concerned. ### (25) litigation funders should in no case claim unfair , disproportionate or unreasonable rewards at the expense of claimants. courts or administrative authorities should be empowered to assess the context of third-party funding agreements relevant to the case before them , in order to determine effectively whether in all the circumstances the third-party funding agreement is fair and complies with the laws of the member state concerned.


### (26) where third-party funding agreements permit litigation funders to receive a share of any reward or certain fees in priority to any awards allocated to claimants , the available award could be so reduced as to leave little or nothing for claimants. litigation funders should not be permitted to require the prioritisation of their own reward. ### (26) where third-party funding agreements permit litigation funders to receive a share of any reward or certain fees in priority to any awards allocated to claimants , the available award could be so reduced as to leave little or nothing for claimants. therefore , the award should always be granted to the claimants first , before that of the funder. litigation funders should not be permitted to require the prioritisation of their own reward.


### (27) as the share of any reward received by litigation funders reduces any relief obtained by claimants , courts or administrative authorities should exercise oversight over the value and proportion of this share to prevent any disproportionate allocation of monetary awards to litigation funders. save in exceptional circumstances , when a share of any reward claimed by a litigation funder would dilute the share of any total award (including all damages amounts , costs , fees and other expenses) available to claimants and intended beneficiaries to 60% or below , it should be presumed unfair and invalid. ### (27) as in some member states the share of any reward received by litigation funders reduces any relief obtained by claimants , courts or administrative authorities should exercise oversight over the value and proportion of this share to prevent any disproportionate allocation of monetary awards to litigation funders. save in exceptional circumstances , when a share of any reward claimed by a litigation funder would dilute the share of any total award (including all damages amounts , costs , fees and other expenses) available to claimants and intended beneficiaries to 60% or below , it should be presumed unfair and invalid.


### (28) additional conditions should be put in place to ensure that litigation funders do not influence the decisions of claimants in the course of proceedings in a manner that would benefit the litigation funder itself. in particular , litigation funders should not direct or influence decisions on how cases are pursued , which interests are prioritised , or whether or not claimants should accept any particular outcome , award or settlement. ### (28) additional conditions should be put in place to ensure that litigation funders do not influence the decisions of claimants in the course of proceedings in a manner that would benefit the litigation funder itself. in particular , litigation funders should not unduly influence decisions on how cases are pursued , which interests are prioritised , or whether or not claimants should accept any particular outcome , award or settlement.


### (29) litigation funders should not be allowed to withdraw the funding they have agreed to provide , except in limited circumstances as set out in this directive , so that funding is not withdrawn to the disadvantage of claimants or intended beneficiaries in mid-case due to the litigation funder’s business interests or incentives changing. ### (29) litigation funders should not be allowed to withdraw the funding they have agreed to provide , except in limited circumstances as set out in this directive , so that funding is not withdrawn throughout the whole litigation , to the disadvantage of claimants or intended beneficiaries mid-case due to the litigation funder’s business interests or incentives changing.


### (30) where litigation funders have instigated , supported or funded proceedings which are not successful , they should be jointly liable with claimants for any adverse costs they caused defendants to incur and that may be awarded by courts or administrative authorities. courts or administrative authorities should be granted adequate powers to ensure the effectiveness of such an obligation , and third party funding agreements should not exclude responsibility for such adverse costs. ### (30) where litigation funders have supported or funded proceedings which are not successful , they should be jointly liable with claimants for any adverse costs they caused defendants to incur and that may be awarded by courts or administrative authorities. courts or administrative authorities should be granted adequate powers to ensure the effectiveness of such an obligation , and third party funding agreements should not exclude responsibility for such adverse costs.


### (33) the objectives of this directive , namely to ensure the harmonisation of member states’ rules applicable to litigation funders and their activities , and thus to ensure that common minimum standards for the protection of the rights of funded claimants and intended beneficiaries in proceedings financed wholly or in part by third-party funding agreements apply in all member states , cannot be sufficiently achieved by the member states as litigation funders operate in multiple member states and are subject to different national rules and practices , but can rather , by reason of the scale of the emerging market of third-party litigation funding , the need to avoid diverging rules and practices that are likely to constitute an obstacle to the proper functioning of the internal market and the need to avoid ‘forum shopping’ by litigation funders seeking to optimise national rules , be better achieved at union level. the union may thus adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives. ### (33) the objectives of this directive , namely to ensure the harmonisation of member states’ rules applicable to litigation funders and their activities , and thus to ensure that common minimum standards for the protection of the rights of funded claimants and intended beneficiaries in proceedings financed wholly or in part by third-party funding agreements apply in all member states , cannot be sufficiently achieved by the member states as litigation funders operate in multiple member states and are subject to different national rules and practices , but can rather be better achieved at union level , by reason of the scale of the emerging market of third-party litigation funding , the need to avoid diverging rules and practices that are likely to constitute an obstacle to the proper functioning of the internal market and the need to avoid ‘forum shopping’ by litigation funders seeking to optimise national rules. the union may thus adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives.


### this directive is aimed at harmonising the rules of member states applicable to third-party litigation funders (‘litigation funders’) and their authorised activities , and also at protecting funded claimants and intended beneficiaries , including where relevant those whose interests are represented by qualified entities , in proceedings financed wholly or in part by third-party litigation funding. it lays down safeguards to prevent conflicts of interest , abusive litigation as well as the disproportionate allocation of monetary awards to litigation funders. ### this directive is aimed at introducing minimum standards on the rules applicable to third-party litigation funders (‘litigation funders’) and their authorised activities , and also at protecting funded claimants and intended beneficiaries , including where relevant those whose interests are represented by qualified entities , in proceedings financed entirely or in part by third-party litigation funding. it lays down safeguards to prevent conflicts of interest , abusive litigation as well as the disproportionate allocation of monetary awards to litigation funders , while ensuring that this practice can continue to allow claimants and intended beneficiaries to access justice and ensure corporate accountability.


### ‘supervisory authority’ means a public authority designated by a member state to be responsible for granting or withdrawing the authorisation for litigation funders , and for supervising the activities of litigation funders; ### ‘supervisory authority’ means a public authority designated by a member state to be responsible for granting , suspending or withdrawing the authorisation for litigation funders , and for supervising the activities of litigation funders;


### 2. where such activities are permitted , member states shall create a system for the authorisation of the activities of litigation funders within their member state. that system shall include designating an independent supervisory authority tasked with granting or withdrawing authorisations for litigation funders and supervising the activities of litigation funders. ### 2. where such activities are permitted , member states shall create a system for the authorisation and monitoring of the activities of litigation funders within their member state. that system shall include designating an independent supervisory authority tasked with granting , suspending or withdrawing authorisations for litigation funders and supervising the activities of litigation funders.


### 2. member states shall ensure that supervisory authorities are empowered to verify whether litigation funders would be able to maintain access at all times to the minimum liquidity required to pay in full all foreseeable adverse costs in all proceedings they have funded. members states shall ensure that their courts or administrative authorities can request litigation funders to provide security for costs in the forms admitted by national law , should a defendant so request based on reasoned specific concerns. ### 2. member states shall ensure that supervisory authorities are empowered to verify whether litigation funders would be able to maintain access at all times to the minimum liquidity required to pay in full all foreseeable adverse costs in all proceedings they have funded. members states shall ensure that their courts or administrative authorities can request litigation funders to provide security for costs in the forms admitted by national law , should a potential claimant so request based on reasoned specific concerns.


### 2. member states shall ensure that a complaints procedure before supervisory authorities is available for any natural or legal person who wishes to raise concerns regarding the compliance of a litigation funder with its obligations under this directive and the applicable national law. ### 2. member states shall ensure that a complaints procedure before supervisory authorities is available for any natural or legal person who wishes to raise concerns regarding the compliance of a litigation funder with its obligations under this directive and the applicable national law. concerns raised by defendants in a case involving the litigation funder shall not be receivable.


### decide on the suitability and fitness of a litigation funder including by reference to their experience , reputation , any conflicts of interest or knowledge; ### decide on the suitability and fitness of a litigation funder including by reference to their experience , reputation , internal processes for the avoidance and resolution of conflicts of interest or knowledge;


### assess at least every year whether an authorised litigation funder continues to comply with the criteria for authorisation referred to in article 5(1) and ensure that such authorisation is withdrawn if it no longer complies with one or more of those criteria. ### assess at least every year whether an authorised litigation funder continues to comply with the criteria for authorisation referred to in article 5(1) and ensure that such authorisation is suspended or withdrawn if it no longer complies with one or more of those criteria. such a suspension or withdrawal shall not affect the rights of the claimants and beneficiaries of the proceedings in which the funder may be involved.


### 2. under the complaints system referred to in paragraph 1 , member states shall ensure that supervisory authorities are empowered to assess whether a litigation funder is in compliance with any obligations or conditions associated with its authorisation , with the provisions of this directive and with any other applicable requirements under national law. ### 2. under the complaints system referred to in paragraph 1 , member states shall ensure that supervisory authorities are empowered to assess without undue delay whether a litigation funder is in compliance with any obligations or conditions associated with its authorisation , with the provisions of this directive and with any other applicable requirements under national law.


### 6. where a litigation funder has sought authorisation from a supervisory authority , and subsequently seeks authorisation from another , such supervisory authorities shall coordinate and share information to the extent appropriate , with a view to taking consistent decisions. ### 6. where a litigation funder has sought authorisation from a supervisory authority , and subsequently seeks authorisation from another , such supervisory authorities shall coordinate and share information to the extent appropriate , with a view to taking consistent decisions , with due regard to diverging national rules.


### member states shall ensure that third party funding agreements are required to be written in one or more of the official languages of the member state in which the claimant(s) and intended beneficiaries are resident , and presented in clear and easily understood terms , in particular with regard to the following elements: ### member states shall ensure that third party funding agreements are required to be written in one or more of the official languages of the country in which the claimant(s) and intended beneficiaries are resident , and presented in clear and easily understood terms , in particular with regard to the following elements:


### i. any restrictions on the claimants’ autonomy in issuing instructions to the claimant law firm or otherwise controlling the conduct of the litigation; ### deleted


### iii. the circumstances in which the third party funding agreement can be terminated and the risks to claimants and/or beneficiaries in that scenario , and ### iii. the strictly defined circumstances in which the third party funding agreement can be terminated and the risks to claimants and/or beneficiaries in that scenario , and


### 6. claimants and intended beneficiaries shall be indemnified in respect of any losses caused by a litigation funder that entered into a third-party funding agreement which is found to be invalid. ### 6. claimants and intended beneficiaries shall be indemnified in respect of any losses caused by a litigation funder that entered into a third-party funding agreement which is found to be invalid. the rights of the claimants and of the intended beneficiaries of the proceedings shall not be affected.


### 1. member states shall ensure that claimants or their representatives are required to provide a complete and unredacted copy of any third-party funding agreements relating to the proceedings concerned to the relevant court or administrative authority at the earliest stage of those proceedings. ### 1. member states shall ensure that claimants or their representatives are required to provide a complete and unredacted copy of any third-party funding agreements relating to the proceedings concerned to the relevant court or administrative authority at the earliest stage of those proceedings. member states shall ensure that defendants are made aware of the existence of a third-party funding agreement , and of the identity of the litigation funder.


### 2. member states shall ensure that courts or administrative authorities are empowered , upon request by a party to the proceedings , where that party has justified doubts in respect of the compliance of such third party funding agreement with this directive and any other applicable national law in accordance with article 16. ### 2. member states shall ensure that courts or administrative authorities are empowered to review the third-party funding agreement in accordance with article 16 , upon request by a party to the proceedings , where that party has justified doubts in respect of the compliance of such third party funding agreement with this directive and any other applicable national law , or on its own initiative.


### 3. where paragraph 2 applies , in accordance with national procedural law , subject to the applicable union and national rules on confidentiality , member states shall ensure , if requested by the defendant , that the court or administrative authority is able to require the claimants or their representatives to provide the defendant with a copy of any third-party funding agreement used to support the proceedings. the court or administrative authority may permit certain information , which could confer a tactical advantage to a defendant to be redacted from the third-party funding agreement prior to disclosure to the defendant. ### deleted


### member states shall designate the competent court or administrative authority to perform the different judicial and administrative tasks under this directive. such designation shall in particular specify which court or administrative authority is to conduct controls on the impact of funding agreements on the cases before them , by exercising powers: ### member states shall designate the competent court or administrative authority to perform the different judicial and administrative tasks under this directive. such designation shall in particular specify that the court or administrative authority in front of which a privately funded case is brought shall also conduct controls without undue delay and upon request by a party to the proceedings or upon their own initiative on the impact of funding agreements on the cases before them , by exercising powers:


### to assess the compliance of each third-party funding agreement with the provisions laid down in this directive , particularly with the fiduciary duty owed to claimants and intended beneficiaries under article 7 , and , where that agreement is found not to be compliant , order the litigation funder to make the necessary changes , or declare the clause to be null and void in accordance with article 13; ### to assess the compliance of each third-party funding agreement with the provisions laid down in this directive , particularly with the fiduciary duty owed to claimants and intended beneficiaries under article 7 , and , where that agreement is found not to be compliant , order the litigation funder to make the necessary changes , or declare a clause to be null and void in accordance with article 13;


### to evaluate the suitability of each third-party funding agreement with respect to the transparency requirements under article 12 , taking in particular into account the level of clarity and transparency of the third-party funding agreement , and the degree to which any risks and benefits were presented to and knowingly undertaken by claimants or those intended beneficiaries represented by claimants; ### to evaluate the suitability of each third-party funding agreement with respect to the transparency requirements under article 12 , taking in particular into account the level of clarity and transparency of the third-party funding agreement , and the degree to which any risks and benefits were presented to and knowingly undertaken by claimants;


### to consult or seek expertise from persons with appropriate knowledge to assist in the performance of the court’s or administrative authority’s assessment powers , including from any suitably qualified expert or from supervisory authorities. ### to consult or seek expertise from persons with appropriate knowledge and independence to assist in the performance of the court’s or administrative authority’s assessment powers , including from any suitably qualified expert or from supervisory authorities.


### 1. no later than [...] years after the date of application of this directive] , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee. the evaluation shall be conducted in accordance with the commission’s better regulation guidelines. in the report , the commission shall in particular assess the effectiveness of the directive , with particular regard to the level of fees or interests diverted from claimants’ awards (including to intended beneficiaries) to litigation funders and the impact litigation funders have on the level of dispute resolution activity. ### 1. no later than [...] years after the date of application of this directive] , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee. the evaluation shall be conducted in accordance with the commission’s better regulation guidelines. in the report , the commission shall in particular assess the effectiveness of the directive , with particular regard to the level of fees or interests diverted from claimants’ awards (including to intended beneficiaries) to litigation funders , the impact litigation funders have on the level of dispute resolution activity and the extent to which third-party litigation funding has allowed greater access to justice.


### a statutory auditor or an audit firm shall have sound administrative and accounting procedures , internal quality control mechanisms , effective procedures for risk assessment , and effective control and safeguard arrangements in order to manage its ict systems and tools in accordance with article 6 of regulation (eu) 2021/xx [dora] of the european parliament and of the council*. ### (a) in article 24a(1) of directive 2006/43/ec , point (b)(a) (new) is introduced with the following wording:


### 5. eba shall promote cooperation , including the sharing of information , in the area of operational risks associated with payment services among the competent authorities , and between the competent authorities and the ecb.; ### 5. eba shall promote cooperation , including the sharing of information , in the area of operational risks associated with payment services among the competent authorities , and between the competent authorities , enisa and the ecb.;


### 20. highlights the very low number of registered thb victims in international protection procedures; calls on the member states to strengthen the provision of information to arriving individuals , including with the help of translation and interpretation , on their rights and the applicable procedures under eu legislation , including on the possibilities for obtaining support through lawyers and cultural mediators; ### 20. highlights the very low number of registered thb victims in international protection procedures; calls on the member states to strengthen the provision of information to arriving individuals , including with the help of translation and interpretation , on their rights and the applicable procedures under eu legislation , including on the possibilities for obtaining support through lawyers and cultural mediators working to prevent human trafficking and exploitation;


### 22. calls on the member states to ensure a coherent application of the provisions set out in the dublin iii regulation , the anti-trafficking directive and the residence permit directive to prevent the practice employed in some member states of transferring victims of human trafficking to the country where they were exploited when they first arrived , thereby leaving them more exposed to the risk of being re-trafficked; ### 22. calls on the member states to ensure a coherent application of the provisions set out in the dublin iii regulation , the anti-trafficking directive and the residence permit directive to prevent the practice employed in some member states of transferring victims of human trafficking to the country where they were exploited when they first arrived , thereby leaving them more exposed to the risk of being re-trafficked and retraumatised;


### 23. calls on the member states to step up their efforts to early identify potential victims , in particular within migration flows and hotspots; calls on the member states to provide adequate resources for specialised facilities for unaccompanied minors and female victims of trafficking; ### 23. calls on the member states to step up their efforts to early identify potential victims and adopt protection and prevention measures , in particular within migration flows and hotspots; calls on the member states to provide adequate resources for specialised facilities for unaccompanied minors and female victims of trafficking;


### 26. calls on the member states to focus on identifying child victims and helping them to avail themselves of their rights; emphasises the need for guardians , including temporary guardians as an emergency measure , to be appointed immediately for child victims; ### 26. calls on the member states to focus on identifying child victims and helping them to avail themselves of their rights; recalls the obligation of member states to pay special attention to child victims of trafficking and to provide special protection to children in criminal procedures , with the best interests of the child being considered paramount at all times; emphasises the need for guardians , including temporary guardians as an emergency measure , to be appointed immediately for child victims;


### 26. calls on the member states to focus on identifying child victims and helping them to avail themselves of their rights; emphasises the need for guardians , including temporary guardians as an emergency measure , to be appointed immediately for child victims; ### 26. calls on the member states to focus on identifying child victims and helping them to avail themselves of their rights so that they are better protected and can avail of counselling from workers specially trained for that purpose; emphasises the need for guardians , including temporary guardians as an emergency measure , to be appointed immediately for child victims;


### 29. notes the low number of prosecutions and convictions for the crime of trafficking; urges the member states to take measures to improve the investigation of trafficking cases and to put in place strong criminal sanctions for crimes of human trafficking; ### 29. notes the low number of prosecutions and convictions for the crime of trafficking; urges the member states to take measures to improve and speed up the investigation of trafficking cases and to put in place , in all eu member states , strong criminal sanctions for crimes of human trafficking;


### 30. points out that not all member states have introduced legislation relevant to article 18 of the anti-trafficking directive27 ; notes that the differing legal landscapes on criminalising the use of services exacted from victims may hamper efforts to reduce demand; reiterates its call on the member states to establish the act of knowingly using the services of victims of human trafficking as a criminal offence; ### 30. points out that not all member states have introduced legislation relevant to article 18 of the anti-trafficking directive27 ; notes that the differing legal landscapes on criminalising the use of services exacted from victims hampers efforts to reduce demand; reiterates its urgent call on the member states to establish the act of knowingly using the services of victims of human trafficking as a criminal offence;


### 32. stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from thb; calls on the commission to assess and promote the use of existing judicial and police cooperation , and the available tools; ### 32. stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from thb; calls on the member states to launch financial investigations and work with money laundering specialists when starting a new trafficking investigation; calls on member states to strengthen cooperation in freezing and confiscating the assets of individuals involved in trafficking and providing compensation to victims; calls on the commission to assess and promote the use of existing judicial and police cooperation , and the available tools , such as mutual recognition of court judgments , joint investigation teams and the european investigation order;


### 32. stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from thb; calls on the commission to assess and promote the use of existing judicial and police cooperation , and the available tools; ### 32. stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from thb; calls on the commission to assess and promote the use of existing judicial and police cooperation , between all member states and eu agencies , and the available tools;


### 33. recalls the role of eu agencies in the early identification of victims and the fight against thb; calls for more resources for the justice and home affairs (jha) agencies to enable their staff to be trained and capacity-building instruments to be developed in the area of detecting victims , including the appointment of gender-trained agency officers , especially in the member states faced with increased mixed migratory flows; calls on the commission to develop guidelines to mainstream gender expertise in the activities of law enforcement authorities across the eu; ### 33. recalls the role of eu agencies in the early identification of victims and the fight against thb; calls for more resources for the justice and home affairs (jha) agencies to enable their staff to be trained and capacity-building instruments to be developed in the area of detecting victims , including the appointment of gender-trained agency officers , especially in the member states faced with increased mixed migratory flows; calls on the commission to develop guidelines to mainstream gender expertise in the activities of law enforcement authorities across the eu , including by developing sustained programs of improving gender balance in decision-making processes and in the staff of the jha agencies relevant to trafficking;


### 34. calls on the commission to amend the anti-trafficking directive with a view to updating its provisions , including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of thb , to address the use of online technologies in both the proliferation and the prevention of thb , to improve measures for prevention and the early identification of victims , and to strengthen a horizontal gender perspective across all forms of trafficking , as well as to ensure that member states explicitly criminalise the use of all services which involve exploitation; ### 34. calls on the commission to amend the anti-trafficking directive with a view to updating its provisions , including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of thb , to address the use of online technologies in both the proliferation and the prevention of thb , to conduct evidence-based research on risk factors for potential victims as well as in societal structures and policies like labour market governance or migration and mobility policies that intersect with trafficking in persons in risk sectors , to improve measures for prevention and the early identification of victims , and to strengthen a horizontal gender perspective across all forms of trafficking , as well as to ensure that member states explicitly criminalise the use of all services which involve exploitation;


### 34. calls on the commission to amend the anti-trafficking directive with a view to updating its provisions , including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of thb , to address the use of online technologies in both the proliferation and the prevention of thb , to improve measures for prevention and the early identification of victims , and to strengthen a horizontal gender perspective across all forms of trafficking , as well as to ensure that member states explicitly criminalise the use of all services which involve exploitation; ### 34. calls on the commission to amend the anti-trafficking directive with a view to updating its provisions , including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of thb , to address the use of online technologies in both the proliferation and the prevention of thb , to improve measures for prevention and the early identification of victims , and easy and unconditional access to assistance and protection , and to strengthen a horizontal gender perspective across all forms of trafficking , as well as to ensure that member states explicitly criminalise the use of all services which involve exploitation;


### 34. calls on the commission to amend the anti-trafficking directive with a view to updating its provisions , including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of thb , to address the use of online technologies in both the proliferation and the prevention of thb , to improve measures for prevention and the early identification of victims , and to strengthen a horizontal gender perspective across all forms of trafficking , as well as to ensure that member states explicitly criminalise the use of all services which involve exploitation; ### 34. calls on the commission to amend the anti-trafficking directive with a view to updating its provisions , including the establishment of specific measures for the prevention , tackling and prosecution of trafficking for sexual exploitation as the largest area of thb , to address the use of online technologies in both the proliferation and the prevention of thb , to improve measures for prevention and the early identification of victims , and to strengthen a horizontal gender perspective across all forms of trafficking , as well as to ensure that member states explicitly criminalise the use of all services which involve exploitation;


### 35. emphasises the importance of a coherent approach to improve the identification of potential victims in the context of migration flows and in the hotspots , of improving access to asylum procedures and of ensuring their complementarity with the procedures related to trafficking; calls on the commission to assess the implementation of the anti-trafficking directive and to come forward with proposals to revise it; ### 35. emphasises the importance of a coherent approach to improve the identification of potential victims in the context of migration flows and in the hotspots , of improving access to asylum procedures and of ensuring their complementarity with the procedures related to trafficking; calls on the commission to regularly assess the implementation of the anti-trafficking directive by the member states , introduce infringement procedures where there has been a lack of effective implementation , report to the european parliament and to come forward with proposals to revise it;


### 36. calls on the commission and the member states to monitor and assess the risk for the persons being smuggled of becoming victims of trafficking , with a particular focus on the situation of unaccompanied minors and women; underlines , in this context , the need for more legal and safe routes for migration in order to prevent the exploitation of vulnerable people with irregular status; ### 36. calls on the commission and the member states to monitor carefully , report and assess the risk for the persons being smuggled of becoming victims of trafficking , with a particular focus on the situation of unaccompanied minors and women; underlines , in this context , the need for more legal and safe routes for migration in order to prevent the exploitation of vulnerable people with irregular status;


### a. whereas trafficking in human beings (thb) constitutes modern-day slavery and is a profound violation of fundamental rights , as outlined in article 5(3) of the charter of fundamental rights of the european union; ### a. whereas trafficking in human beings (thb) constitutes a violation of human dignity , of the physical and psychological integrity of a human being , a modern-day slavery surrounding us in our everyday life , and a profound violation of fundamental rights , as outlined in article 5(3) of the charter of fundamental rights of the european union;


### a. whereas trafficking in human beings (thb) constitutes modern-day slavery and is a profound violation of fundamental rights , as outlined in article 5(3) of the charter of fundamental rights of the european union; ### a. whereas trafficking in human beings (thb) constitutes modern-day slavery , a serious violation of human dignity and is a profound violation of fundamental rights , as outlined in article 5(3) of the charter of fundamental rights of the european union;


### 1. points out the need for a coordinated and coherent framework at eu level that guarantees the protection of victims of thb , including through coordinated implementation with the rights conferred by the victims’ rights directive , the residence permit directive and the compensation directive15 ; ### 1. points out the need for a coordinated and coherent framework at eu level that guarantees strengthening of the prevention of thb and the protection of victims of thb with the aim of a complete elimination of thb , including through coordinated implementation with the rights conferred by the victims’ rights directive , the residence permit directive and the compensation directive15 as human trafficking is a global crime and cannot be dealt with at national level only;


### 1. points out the need for a coordinated and coherent framework at eu level that guarantees the protection of victims of thb , including through coordinated implementation with the rights conferred by the victims’ rights directive , the residence permit directive and the compensation directive15; ### 1. points out the need for a coordinated and coherent framework at eu level based on more efficient monitoring that guarantees the protection of victims of thb , including through coordinated implementation with the rights conferred by the victims’ rights directive , the residence permit directive and the compensation directive15;


### 1. points out the need for a coordinated and coherent framework at eu level that guarantees the protection of victims of thb , including through coordinated implementation with the rights conferred by the victims’ rights directive , the residence permit directive and the compensation directive15; ### 1. points out the need for a coordinated and coherent framework at eu level that guarantees the support , assistance and protection of victims of thb , including through coordinated implementation with the rights conferred by the victims’ rights directive , the residence permit directive and the compensation directive15;


### 2. commends the good work done by the eu anti-trafficking coordinator (eu atc) in coordinating the eu’s response to thb and developing knowledge and findings on the various aspects of thb , including research into the gender dimension and the particular vulnerability of children; ### 2. commends the good work done by the eu anti-trafficking coordinator (eu atc) in protecting victims and coordinating the eu’s response to thb and developing knowledge and findings on the various aspects of thb , including research into the gender dimension and the particular vulnerability of children;


### 3. stresses the importance of the funding of the asylum , migration and integration fund (amif) and internal security fund (isf) programmes to continue to be used for projects tackling thb , as well as using other available instruments; ### 3. stresses the importance of the funding of the asylum , migration and integration fund (amif) , the daphne program and internal security fund (isf) programmes to continue to be used for projects tackling thb , as well as using other available instruments , such as the rights , equality and citizenship programme , empact actions , eu-un spotlight initiative , the eu trust fund for africa , glo.act initiative , the development cooperation instrument and the european development fund;


### 4. highlights that the lack of consistent and detailed data continues to hamper the adequate assessment of trends in thb; calls on the member states to collect more up-to-date data disaggregated by age and gender and including internally trafficked people , by compiling statistical information in cooperation with civil society; ### 4. highlights that the lack of consistent and detailed data continues to hamper the adequate assessment of trends in thb; calls on the member states to collect more up-to-date data disaggregated by age and gender and including internally trafficked people , by compiling statistical information in cooperation with civil society and relevant international organisations while respecting the rights of trafficked persons to privacy and autonomy and to protect their personal data;


### 4. highlights that the lack of consistent and detailed data continues to hamper the adequate assessment of trends in thb; calls on the member states to collect more up-to-date data disaggregated by age and gender and including internally trafficked people , by compiling statistical information in cooperation with civil society; ### 4. highlights that the lack of consistent and detailed data continues to hamper the adequate assessment of trends in thb; calls on the member states to collect , analyse and store more up-to-date data disaggregated by age and gender and including internally trafficked people , by compiling statistical information in cooperation with civil society;


### 5. urges the commission and the member states to ensure differentiation between trafficking and smuggling , which require different responses in law; highlights that the confusion between them often leads to failings in correctly identifying victims and in ensuring that they can access protection measures and avoid secondary victimisation; ### 5. urges the commission and the member states to ensure differentiation between trafficking and smuggling , by means of thorough research and investigation , which require different responses in law; highlights that the confusion between them often leads to failings in correctly identifying victims and in ensuring that they can access protection measures and avoid secondary victimisation;


### 6. calls on the commission and the member states to monitor the use of digital technologies for thb as the predominant tools used to recruit trafficking victims; ### 6. calls on the commission and the member states to monitor the use of digital technologies , internet and social media for thb as the predominant tools used to recruit trafficking victims and to regulate third party responsibility for technology companies hosting exploitative materials;


### 6. calls on the commission and the member states to monitor the use of digital technologies for thb as the predominant tools used to recruit trafficking victims; ### 6. calls on the commission and the member states to monitor the use of digital technologies for thb as the predominant tools used to recruit trafficking victims and to put in place measures to block the recruitment of victims;


### 7. highlights that the early identification of victims remains one of the main challenges to implementation , and is one of the most crucial in terms of enabling victims to exercise their rights; calls on the member states to give more actors responsibility for identifying victims of thb at all stages of the process , including civil society representatives , immigration and asylum officials , labour inspectors and social workers or healthcare staff; ### 7. highlights that the early identification of victims remains one of the main challenges to implementation , and is one of the most crucial in terms of enabling victims to exercise their rights; calls on the member states to give more actors responsibility and awareness raising possibilities for identifying victims of thb at all stages of the process , including civil society representatives , immigration and asylum officials , labour inspectors , law enforcement officers and social workers or healthcare staff;


### 8. calls on all member states to effectively guarantee the rights of victims and to support them with a gender-sensitive approach while ensuring complementarity with the victims’ rights directive; notes that the anti-trafficking directive prohibits the criminalisation of victims of thb; ### 8. calls on all member states to effectively guarantee the rights of victims and to support them with a gender-sensitive approach while ensuring complementarity with the victims’ rights directive; notes that the anti-trafficking directive prohibits the criminalisation of victims of thb calls therefore for a deeper analysis of the effects of this pandemic on potential victims of thb and the structure and functioning of thb in general in order to create specific measures to eliminate thb;


### 8. calls on all member states to effectively guarantee the rights of victims and to support them with a gender-sensitive approach while ensuring complementarity with the victims’ rights directive; notes that the anti-trafficking directive prohibits the criminalisation of victims of thb; ### 8. calls on all member states to effectively guarantee the rights of victims and to protect and support them with a gender-sensitive approach while ensuring complementarity with the victims’ rights directive; notes that the anti-trafficking directive prohibits the criminalisation of victims of thb;


### 9. highlights that while the full impact of the covid-19 pandemic is not yet measureable , it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of thb , especially women and children; ### 9. highlights that while the full impact of the covid-19 pandemic is not yet measureable , it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of thb , especially women and children; calls on member states to ensure effective functioning of nrms and equivalent systems and that they should be updated to respond to emerging thb trends during the covid-19 pandemic;


### 12. highlights that sexual exploitation remains the most prevalent form of trafficking in the eu since 2008 , as 60 % of victims are trafficked for sexual exploitation; notes that more than 90 % of these victims are women and girls , and that more than 70 % of traffickers are male; ### 12. highlights that sexual exploitation remains the most prevalent form of trafficking in the eu since 2008 , as 60 % of victims are trafficked for sexual exploitation; notes that more than 90 % of these victims are women and girls , and that more than 70 % of traffickers are male thus reflecting power structures in our societies;


### 13. urges the member states to adopt specific measures to address violence against women and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation; ### 13. urges therefore the member states to adopt specific measures to address violence against women , structural gender inequalities and gender stereotypes as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation;


### 13. urges the member states to adopt specific measures to address violence against women and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation; ### 13. urges the member states to adopt specific measures to monitor cases more closely , and to address violence against women and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation;


### 13. urges the member states to adopt specific measures to address violence against women and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation; ### 13. urges the member states to adopt specific measures to address violence against women and minors and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation;


### 16. urges the member states to focus on the recurring and emerging patterns of thb for sexual exploitation , such as the increasing exploitation of children and the use of the ‘lover boy’ method as the most frequent means of recruiting victims by using online technologies; ### 16. urges the member states to focus on the recurring and emerging patterns of thb for sexual exploitation , such as the increasing exploitation of children and women and the use of the ‘lover boy’ method as the most frequent means attracting and making victims compliant by using online technologies;


### 17. highlights the importance of gender-sensitive training programmes for officials attending victims to enhance the early identification of those who are victims of trafficking for sexual exploitation and encourages member states to adopt measures to support victims , such as exit programmes , social and professional reintegration or sexual health services; ### 17. highlights the importance of gender-sensitive training programmes for all officials that are dealing with trafficking cases , investigations , and potential victims in order to enhance the early identification of those who are victims of trafficking for sexual exploitation and encourages member states to adopt measures to support victims , such as exit programmes , psychological support measures , decent social and professional reintegration opportunities or access to sexual and reproductive health services and related rights; underlines in this regard as well the importance of awareness programmes for the general public in order to identify and protect potential victims;


### 18. emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the eu20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21 ; ### 18. emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the eu20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21 ;calls on the member states and the eu to find these women and girls and to prevent similar cases in the future by using a coherent and coordinated rights-based and gender-sensitive approach to prevent and address human trafficking;


### – having regard to articles 8 and 10 , article 83(1) and article 225 of the treaty on the functioning of the european union , ### – having regard to articles 8 and 10 , article 19 , article 83(1) and article 225 of the treaty on the functioning of the european union ,


### c. whereas gender-based violence is violence directed against women because they are women and it affects women disproportionately; whereas lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries; ### c. whereas the european institute for gender equality (eige) defines gender-based violence as violence directed against a person because of their gender; whereas both women and men experience gender-based violence , at the same time highlighting that the overwhelming majority of victims are women and girls; whereas lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries;


### d. whereas the european institute for gender equality defines femicide as the killing of women and girls because of their gender; ### d. whereas the european institute for gender equality defines femicide as the killing of women and girls because of their gender; whereas it can take different forms such as the murder of women as a result of intimate partner violence , killing of women and girls because of their gender , sexual orientation , gender identity , gender expression and sex characteristics , as well as female and intersex genital mutilations and so called "honour killings";


### f. whereas union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the commission pursue several parallel avenues; ### f. whereas combating gender-based violence is a key priority of the eu gender equality strategy and of the european union's external action; whereas union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the commission pursue several parallel avenues;


### 1. condemns all forms of violence against women and girls and other forms of gender-based violence , such as violence against lgbti persons , and deplores the fact that women and girls continue to be exposed to psychological , physical , sexual and economic violence , including sexual exploitation and trafficking in human beings , both online and offline; ### 1. condemns all forms of violence against women and girls in all their diversity and other forms of gender-based violence , such as violence against lgbti persons , and deplores the fact that women and girls continue to be exposed to psychological , physical , sexual and economic violence , including sexual exploitation and trafficking in human beings , both online and offline;


### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities; ### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women and lgbti persons by men; underlines that this situation is aggravated by social and economic inequalities;


### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities; ### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities; highlights that these inequalities and power unbalances have a transversal and global nature , common to the whole territory of the european union , and not limited to specific member states;


### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities; ### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , resources , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities;


### 4. underlines the wide range of psychological impacts that gender-based violence has on victims , including stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and of sense of control; recalls that gender-based violence also has a social and economic impact; ### 4. underlines the wide range of psychological impacts that gender-based violence has on victims and witnesses , including feeling unsafe or vulnerable , stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and of sense of control; recalls that gender-based violence also has a social and economic impact;


### 5. stresses that the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) remains the international standard and a key tool for the eradication of gender-based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; ### 5. stresses that the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) remains the international standard and a key tool for the eradication of gender-based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; points out that the istanbul convention should be understood as the minimum standard to eradicate gender-based violence and that the european union should pursue even more decisive and effective actions in this regard; recalls that such new legislative measures should in any case be coherent with the rights and obligations set by the istanbul convention and should be complementary to its ratification;


### 6. denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in europe and worldwide that aim to overturn existing laws on women’s rights and lgbti+ rights; ### 6. denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in europe and worldwide that aim to overturn existing laws on women’s rights , sexual and reproductive health and rights , and lgbti+ rights , thus endangering the respect of human rights and of the rule of law in the whole european union;


### 6. denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in europe and worldwide that aim to overturn existing laws on women’s rights and lgbti+ rights; ### 6. denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s and girl´s rights and gender equality; condemns the actions of anti-gender and anti-women movements in europe and worldwide that aim to overturn existing laws on women’s rights and lgbti+ rights;


### 7. insists on actions to prevent gender-based violence by addressing the underlying causes , including counteracting sexism , gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness-raising campaigns; ### 7. insists on actions to prevent gender-based violence by addressing the underlying causes , including counteracting sexism , gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness-raising campaigns; recalls the commission’s proposal in the gender equality strategy for an eu-wide campaign on gender stereotypes and calls on member states to fully support and implement the initiative when launched;


### 9. highlights the need for targeted policies to address the situation of survivors who experience intersectional forms of discrimination , such as women refugees , asylum seekers and migrants , indigenous women , racialised women , women from religious and ethnic minorities , lesbian , bisexual and trans women , elderly women and women with disabilities; ### 9. highlights the need for targeted policies to address the situation of survivors who experience intersectional forms of discrimination , such as women refugees , asylum seekers and migrants , indigenous women , racialised women , women from religious and ethnic minorities , lesbian , bisexual , trans and intersex women , elderly women and women with disabilities , as well as non-binary persons;


### 10. recalls that violations of sexual and reproductive rights are a form of violence against women and girls; ### 10. recalls that violations of sexual and reproductive rights , including the denial of safe and legal abortion care , are a form of violence against women and girls; stresses that girls' and women's autonomy and ability to free and independent decisions about their bodies and lives are preconditions for their economic independence and thus for gender equality and the elimination of gender-based violence;


### 10. recalls that violations of sexual and reproductive rights are a form of violence against women and girls; ### 10. recalls that violations of sexual and reproductive rights are a form of violence against women and girls , as well as transgender and non-binary persons , as reflected in the lgbtiq equality strategy;


### 12. calls on member states to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence; ### 12. calls on member states to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence , including by paying greater attention to the needs of survivors who experience intersectional forms of discrimination and violence;


### 13. underlines the obligation on member states to ensure that there is support and services for survivors of gender-based violence; recalls the importance , in that context , of support to independent civil society and women’s shelter organisations; ### 13. underlines the obligation on member states to ensure that there is support and services for survivors of gender-based violence; recalls the importance , in that context , of support to independent civil society and women’s and specialised shelter organisations;


### 14. calls on the member states to step up their work in order to ensure that victims have access to justice , and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination , traumatisation or revictimisation during judicial , medical and police proceedings; ### 14. calls on the member states to step up their work in order to ensure that victims have access to justice , including restorative justice , and to guarantee that the rights of the victim are placed at the centre in order to avoid discrimination , traumatisation or revictimisation during judicial , medical and police proceedings; underlines with concern that most member states still have issues with complete/correct transposition and/or practical application of the victim’s rights directive , as reflected in the commission’s strategy on victim’s rights , and calls on their due diligence for its complete and correct transposition;


### 15. calls on the member states to improve the resources and training of practitioners , law enforcement officers and all professionals dealing with victims of gender-based violence; calls on members states to ensure that victims have the right to state-funded legal aid before and during legal proceedings; ### 15. calls on the member states to improve the resources and training of practitioners , law enforcement officers , judicial staff and all other professionals dealing with victims of gender-based violence; calls on members states to ensure that victims have the right to state-funded legal aid before and during legal proceedings;


### 16. stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points , in particular , at the growing anti-gender and anti-women movements , which are well organised and have a cross-border nature; ### 16. stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points , in particular , at the growing anti-gender and anti-women movements , which are well organised and have a cross-border nature , and which therefore call for a coordinated eu response;


### 17. stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions; ### 17. stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions , including a common definition of gender-based violence;


### 17. stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions; ### 17. stresses that the special need to combat violence against women and girls in all their diversity and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions;


### 19. calls on the commission to propose a directive on gender-based violence that implements the standards of the istanbul convention and includes the following elements: prevention , including through gender-sensitive education programming directed at both girls and boys , and empowerment of women and girls; support services and protection measures for survivors; combating all forms of gender-based violence , including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement; ### 19. calls on the commission to propose a directive on gender-based violence that implements the standards of the istanbul convention and includes the following elements: prevention , including through gender-sensitive education programming directed at both girls and boys in all their diversity , and empowerment of women and girls in all their diversity; support services and protection measures for survivors; combating all forms of gender-based violence , including violations of women’s , transgender's and non-binary persons' sexual and reproductive health and rights; and minimum standards for law enforcement;


### 19. calls on the commission to propose a directive on gender-based violence that implements the standards of the istanbul convention and includes the following elements: prevention , including through gender-sensitive education programming directed at both girls and boys , and empowerment of women and girls; support services and protection measures for survivors; combating all forms of gender-based violence , including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement; ### 19. calls on the commission to propose a directive on gender-based violence that implements the standards of the istanbul convention and includes the following elements: prevention , including through gender-sensitive education programming directed at both girls and boys , and empowerment of women and girls; ensuring information provided in all relevant languages; support services and protection measures for survivors; combating all forms of gender-based violence , including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement;


### (5) gender-based violence is violence directed against women because they are women and it affects women disproportionately. lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics. gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries. ### (5) gender-based violence is violence directed against a person because of their gender; gender-based violence against women is any type of violence directed against women because they are women or affects women disproportionately. both women and men experience gender-based violence , however the vast majority of victims are women and girls. lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics. gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries.


### — having regard to the council of europe convention on preventing and combating violence against women and domestic violence , ### — having regard to the council of europe convention on preventing and combating violence against women and domestic violence (“the istanbul convention”) ,


### a. whereas the first objective of the union’s gender equality strategy 2020-2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; ### a. whereas the first objective of the union’s gender equality strategy 2020-2025 focuses on ending gender-based violence and describes it as ‘one of our societies’ biggest challenges’; whereas the union’s lgbtiq equality strategy recalls that everyone has a right to safety , be it at home , in public or online;


### b. whereas violence against women and other forms of gender-based violence are widespread in the union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men , in sexism and gender stereotypes , which have led to domination over and discrimination against women by men; ### b. whereas violence against women and other forms of gender-based violence are widespread in the union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men , in sexism and gender norms and stereotypes , which have led to domination over and discrimination against women and girls in all their diversity by men; whereas gender-based violence also occurs due to perceived deviation from gender norms;


### c. whereas violence against women and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede , accompany or continue them; ### c. whereas violence against women and lgbti persons and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked with , and inseparable from , offline violence because they can precede , accompany or continue them;


### d. whereas cyber harassment , cyber stalking , cyber bullying , trolling , online hate speech , flaming , doxxing and image-based sexual abuse are among the most common types of gender-based cyberviolence; whereas some member states have adopted specific legislation on some of those particular forms only; ### d. whereas currently there is no common definition or effective policy approach to combating gender-based cyber violence at eu or national level , whereas cyber harassment , cyber stalking , cyber bullying , trolling , online hate and sexist speech , flaming , doxing , impersonation , image-based sexual abuse and deep fakes are among the most common types of gender-based cyberviolence , whereas digital space is being used to lure women into pornography , prostitution and human trafficking , whereas several member states have adopted specific legislation on some of those particular forms only , but the cross-border nature of gender-based cyber violence has yet to be properly addressed;


### d. whereas cyber harassment , cyber stalking , cyber bullying , trolling , online hate speech , flaming , doxxing and image-based sexual abuse are among the most common types of gender-based cyberviolence; whereas some member states have adopted specific legislation on some of those particular forms only; ### d. whereas cyber harassment , cyber stalking , cyber bullying , trolling , online hate speech , flaming , doxxing , dead-naming and image-based sexual abuse are among the most common types of gender-based cyberviolence; whereas some member states have adopted specific legislation on some of those particular forms only;


### e. whereas , despite a growing awareness of the phenomenon of gender-based cyberviolence , the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the european added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the union have experienced cyber harassment during the past 12 months , while between 1 and 3% have experienced cyber stalking; ### e. whereas , despite a growing awareness of the phenomenon of gender-based cyberviolence , the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the european added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the union have experienced cyber harassment during the past 12 months , while between 1 and 3% have experienced cyber stalking , whereas the prevalence of gender-based cyberviolence is likely to continue to rise in the coming years;


### e. whereas , despite a growing awareness of the phenomenon of gender-based cyberviolence , the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the european added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the union have experienced cyber harassment during the past 12 months , while between 1 and 3% have experienced cyber stalking; ### e. whereas , despite a growing awareness of the phenomenon of gender-based cyberviolence , the lack of collection of exhaustive , comparable and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the european added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the union have experienced cyber harassment during the past 12 months , while between 1 and 3% have experienced cyber stalking;


### f. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; ### f. whereas women can be targeted by cyberviolence either individually or as members of a specific community , including women from vulnerable groups , whereas intersectional forms of discrimination , including discrimination based on race , language , religion , belief , national or social origin , belonging to a national or ethnic minority , birth , sexual orientation , gender identity , gender expression or sex characteristics , age , state of health , disability , marital status or migrant or refugee status , can exacerbate the consequences of gender-based cyberviolence;


### f. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; ### f. whereas women in all their diversity can be targeted by cyberviolence either individually or as members of a specific community; whereas targeting of lgbti persons is often on the grounds of their gender identity , gender expression or sex characteristics; whereas intersectional forms of discrimination increase the exposure to violence for women belonging to ethnic minorities , with disabilities , as well as lesbian , bisexual , transgender and intersex women , and can exacerbate the consequences of gender-based cyberviolence;


### g. whereas some women , such as politicians , women in public positions , journalists , bloggers and human rights defenders , are particularly impacted by gender-based cyberviolence , and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political , social and cultural life; ### g. whereas some women , such as feminist and lgbtiq+ activists , politicians , women in public positions , journalists , bloggers and human rights defenders , are particularly impacted by gender-based cyberviolence , and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political , social and cultural life;


### g. whereas some women , such as politicians , women in public positions , journalists , bloggers and human rights defenders , are particularly impacted by gender-based cyberviolence , and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political , social and cultural life; ### g. whereas some women and lgbti persons , such as politicians , women in public positions , journalists , bloggers and human rights defenders , are particularly impacted by gender-based cyberviolence , and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political , social and cultural life;


### h. whereas gender-based cyberviolence impacts on mental health , on the full exercise of fundamental rights and even on democracy , and has consequences on society , including an economic impact; ### h. whereas gender-based cyberviolence has a direct impact on women's mental health and well-being , reflected in an increased incidence of depression and anxiety disorders , as well as social and economic impacts , which may include labour market impacts , through lower presence at work , risk of job loss or lover productivity , whereas cyberviolence can have a negative impact on victim's ability to fully exercise their fundamental rights , therefore , having consequences on society , including an economic impact and on democracy as a whole;


### 1. underlines that gender-based cyberviolence is a continuum of gender-based violence offline and that no policy alternative will be effective unless it takes this reality into consideration; ### 1. underlines that gender-based cyberviolence is a continuum of gender-based violence offline and should be addressed by a set of legislative and non-legislative measures at the eu level , as well as within member states;


### 3. stresses that the covid-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls on member states to increase the assistance they offer through shelters , helplines and support services to protect victims and facilitate the reporting of gender-based violence; ### 3. stresses that the covid-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; highlights that many lgbti persons were forced to be confined with family members , legal guardians or co-habitants who harassed , abused or exposed them to violence; calls on member states to increase the assistance they offer through specialised shelters , helplines and support services to protect victims and facilitate the reporting of gender-based violence;


### 3. stresses that the covid-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls on member states to increase the assistance they offer through shelters , helplines and support services to protect victims and facilitate the reporting of gender-based violence; ### 3. stresses that intimate partner violence and abuse has escalated during the covid-19 pandemic because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls on member states to increase the assistance they offer through shelters , helplines and support services to protect victims and facilitate the reporting of gender-based violence;


### 4. underlines the transnational nature of gender-based cyberviolence , considering the cross-border dimension of the use of ict; ### 4. underlines the transnational nature of gender-based cyberviolence , considering the cross-border dimension of the use of ict , as well the rapid technological developments and digitalisation , generate new forms of gender-based cyberviolence , which undermines traceability and sanctioning of perpetrators;