Accompanying document to the Proposal for a Council Framework Decision on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA - Impact assessment {COM(2009) 135} {SEC(2009) 356
Date: 2009-03-25
Institutions: European Commission
Subjects: child pornography, child protection, paedophilia, public safety, trafficking in human beings

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.3.2009 
SEC(2009) 355 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying document to the 

Proposal for a 

COUNCIL FRAMEWORK DECISION 

on combating the sexual abuse , sexual exploitation of children and child pornography, 
repealing Framework Decision 2004/68/JHA  

IMPACT ASSESSMENT 

{COM(2009) 135} 
{SEC(2009) 356 

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EXECUTIVE SUMMARY 

Sexual  abuse  and  sexual  exploitation  of  children  are  particularly  serious  forms  of  crime  as 
they  are  directed  against  children,  who  have  the  right  to  special  protection  and  care.  They 
produce  long-term  physical,  psychological  and  social  harm  to  victims  and  its  persistence 
undermines the core values of a modern society relating to special protection of children and 
trust  in  relevant  State  institutions.  Despite  lack  of  accurate  and  reliable  statistics,  studies 
suggest  that  a  significant  minority  of  children  in  Europe  may  be  sexually  assaulted  during 
their childhood, and research also suggests that this phenomenon is not decreasing over time, 
rather that certain forms of sexual violence are on the rise. 

On the side of the child victims, the main cause of this phenomenon is vulnerability resulting 
from a variety of factors. Insufficient response by law enforcement mechanisms contributes to 
the  prevalence  of  these  phenomena,  and  difficulties  are  exacerbated  by  the  transnational 
dimension of certain forms of offences. Victims are reluctant to report abuse for shame or fear 
of  the  consequences;  variations  in  national  criminal  law  and  procedure  may  give  rise  to 
differences  in  investigation  and  prosecution  in  various  countries;  convicted  offenders  may 
continue  to  be  dangerous  after  serving  their  sentences.  Developments  in  information 
technology have made these problems more acute by facilitating production and distribution 
of child sexual abuse images while offering offenders anonymity. At the same time national 
legal  systems  need  to  deal  with  high  number  of  actors  involved,  with  different  degrees  of 
responsibility  and  operating  in  different  jurisdictions.  Ease  of  travel  and  income  differences 
fuel  so-called  child  sex  tourism,  resulting  often  in  child  sex  offenders  committing  offences 
abroad  and  enjoying  impunity  in  practice.  Beyond  the  prosecution  difficulties,  considerable 
profits can be made with little risk by organised crime. 

National  legislation  covers  some  of  these  problems  to  varying  degrees.  However,  it  is  not 
strong  or  consistent  enough  to  provide  a  vigorous  social  response  to  this  disturbing 
phenomenon.  At  EU  level,  Council  Framework  Decision  2004/68/JHA,  introduces  a 
minimum  of  approximation  of  Member  States’  legislation  to  criminalise  the  most  serious 
forms of child sexual abuse and exploitation, to extend domestic jurisdiction, and to provide 
for a minimum of assistance to victims. Although the requirements have generally been put 
into implementation, the Framework Decision has a number of shortcomings. It approximates 
legislation  only  on  a  limited  number  of  offences,  does  not  address  new  forms  of  abuse  and 
exploitation  using  information  technology,  it  does  not  remove  obstacles  to  prosecuting 
offences  outside  national  territory  persist,  the  specific  needs  of  child  victims  are  not 
sufficiently addressed and measures to prevent offences are inadequate. 

Ongoing initiatives in police and judicial cooperation may have some effect in tackling such 
crime.  Furthermore,  a  recent  Council  of  Europe  Convention  CETS  No.  201  against  child 
sexual  abuse  has  been  adopted  in  2007  and  arguably  constitutes  the  highest  international 
standard  for  protection  of  children  against  sexual  abuse  and  exploitation  to  date. 
Implementing the Convention CETS No. 201 by Member States would also lead to significant 
improvements.  However,  there  is  no  certainty  that  all  Member  States  will  ratify  the 
Convention in the near future due to lengthy national procedures and lack of a timescale for 
ratification.  A  vigorous  monitoring  mechanism  to  ensure  appropriate  implementation  is  not 
provided for either. 

For these reasons, stakeholders argue forcefully for more effective, specific measures. 

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The general policy objective of the Union in this field, under Article 29 of the Treaty on the 
European  Union,  is  to  prevent  and  combat  offences  against  children,  which  includes  child 
sexual  abuse  and  child  sexual  exploitation.  Specific  objectives  to  serve  it  would  be  to 
effectively prosecute the crime; to protect victims’ rights; to prevent child sexual exploitation 
and abuse and to establish effective monitoring systems. 

Various policy options are examined as a means to achieve the objective. 

•  Policy option (1): No new EU action 

The EU would take no new action (legislation, non-policy instruments, financial support) to 
combat child sexual abuse and exploitation, while Member States may continue the process of 
signature and ratification of Council of Europe Convention CETS No. 201. 

•  Policy option (2): Complement existing legislation with non-legislative measures 

Existing  EU  legislation,  in  particular  Framework  Decision  68/2004/JHA  would  not  be 
amended.  Instead,  non-legislative  measures  could  be  put  in  place  to  support  coordinated 
implementation  of  national  legislation.  This  would  include  exchanging  information  and 
experience  in  prosecution,  protection  or  prevention,  awareness  raising,  cooperation  with 
private sector and encouragement of self regulation, or the setting up of mechanisms for data 
collection  

•  Policy  option  (3):  New  legislation  on  prosecuting  offenders,  protecting  victims,  and 

preventing offences 

A  new  Framework  Decision  would  be  adopted,  incorporating  the  provisions  of  the  existing 
Framework Decision, including certain provisions of the Convention CETS No. 201, and also 
additional  elements  which  are  not  contained  in  either  of  them.  It  would  cover  for  instance 
criminalisation of serious forms of child sexual abuse and exploitation that are currently not 
included  such  as,  new  criminal  offences  in  the  IT  environment.  Provisions  would  be 
introduced to assist with investigating offences and bringing charges, rules to extend national 
jurisdiction, provisions to protect and support victims in criminal proceedings, and measures 
to prevent recidivism and to disrupt access to child pornography 

•  Policy  option  (4):  New  comprehensive  legislation  to  enhance  prosecution  of  offenders, 
protection  of  victims  and  prevention  of  offences  (as  in  Option  3)  plus  non-legislative 
measures (as in Option 2) 

The existing provisions of Framework Decision 68/2004/JHA would be supplemented by EU 
action  introducing  legislative  amendments  to  substantive  criminal  law  and  procedure, 
protection of the victims, and prevention of offences mentioned under Option 3. In addition, 
action  would  be  undertaken  through  non-legislative  measures  identified  under  Option  2.to 
address a  number of elements to improve  implementation of national legislation in criminal 
matters resulting from the amendments, and to provide for tools of investigation, prosecution, 
protection as well as prevention in sectors outside criminal law. 

Option 1 (status quo) may provide substantial improvement if Member States sign, ratify and 
implement  Convention  CETS  No.  201,  as  they  seem  willing  to  do.  However,  the  lengthy 
national  ratification  procedures  in  the  absence of  an  EU  legally  binding  framework  and  the 
lack  of  a  vigorous  monitoring  mechanism  make  uncertain  when  and  to  what  extent  the 

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benefits of that Convention will put into practice. Option 2 would enhance the effectiveness in 
the implementation  of  the  existing  legal  framework, but it would be insufficient to improve 
prosecution in a number of areas where a specific legal basis is required. 

Option 3 would improve matters in comparison to the current situation. It would strengthen 
legislation in the areas covered by the current EU legislation on prosecution of the offenders 
and protection of child victims. It would also address preventive measures, thus improving the 
protection of children in general. The financial cost is expected to be outweighed by the social 
and  economic  benefit  of  more  efficient  action  against  this  crime.  Fundamental  rights 
improvements would also overweight the risks for interferences of certain measures. 

Option  4  would  multiply  the  effectiveness  of  the  measures  in  option  2  and  3  by  combining 
them and encouraging Member States to cooperate on setting up tools and acting to improve 
the implementation of the more comprehensive legal framework been put in place. 

Following  the  analysis  of  economic  impact,  social  impacts,  and  impacts  on  fundamental 
rights, Options 3 and 4 represent the best approach to the problems and achieve the objectives 
of the proposal. The preferred option would be option 4, followed by option 3. 

1. 

PROCEDURAL ISSUES AND CONSULTATION OF INTERESTED PARTIES 

1.1. 

Background and policy context 

1.1.1.  Policy context 

The  Commission’s  Work  Programme  for  20091  includes  a  proposal  to  raise  the  level  of 
protection for children granted by Council Framework Decision 2004/68/JHA2 against sexual 
abuse,  in  particular  sexual  exploitation  and  child  pornography.  Together  with  a  proposal  to 
revise  Framework  Decision  2002/629/JHA  on  combating  trafficking  in  human  beings,  this 
will be part of an organised crime package. 

The  main  underlying  problems  addressed  by  Framework  Decision  2004/68/JHA  were  the 
serious  criminal  offences  of  sexual  exploitation  of  children  and  child  pornography.  On 
16 November 2007, the Commission adopted a report on its implementation which, in brief, 
stated  that  Member  States  appeared  largely  to  have  met  the  requirements  set  out  in  the 
Decision, but that there was still a need for more action in certain areas, in particular on IT-
related developments such as ‘grooming’ through the Internet, and for new methods to detect 
these crimes (see section 2.5 for more details). 

EU Member States have an international obligation, mainly under the UN Convention on the 
Rights of the Child, to protect children from all forms of sexual exploitation and sexual abuse. 
The  recent  Council  of  Europe  Convention  on  the  protection  of  children  against  sexual 
exploitation  and  sexual  abuse  CETS  No.  2013  (referred  to  as  'the  CoE  Convention'  or  'the 

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COM(2008) 712. 
Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation 
of children and child pornography, OJ L 13, 20.1.2004, p.44. 
Council  of  Europe  Convention  on  the  Protection  of  Children  against  Sexual  Exploitation  and  Sexual 
Abuse, CETS No 201, opened for signature on 25 October 2007. 

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Convention')  is  regarded  by  experts  as  the  highest  international  standard  to  date.  The 
importance of further action on child protection was underlined in the Hague Programme4. 

1.1.2.  Organisation and timing 

The  IA  was  drafted  in  the  second  half  of  2008,  but  is  also  based  on  previous  informal 
consultations  with,  in  particular,  Member  States’  experts.  An  Inter-service  Steering  Group 
was set up, including DG EAC, EMPL, RELEX, INFSO, DEV and AIDCO, in addition to the 
SG and LS. The Steering Group met on 26 September and 1 December 2008. 

1.1.3.  Consultation and expertise 

Three formal consultative meetings were carried out. The Group of Experts on trafficking in 
human  beings  met  on  2-3  October  2008,5  and  after  extensive  discussion  issued  a  written 
opinion on trafficking also covering certain aspects of the fight against child exploitation and 
child pornography. A consultative meeting with experts from different background including 
governments,  law  enforcement  agencies,  NGOs,  international  organisations  and  universities 
invited  in  a  personal  capacity  was  held  on  7 October  2008.  Following  the  meeting,  several 
experts  submitted  written  comments.  A  meeting  with  Member  States’  representatives  was 
held on 17 October 2008. 

The Commission’s general principles on consultations were broadly followed. A wide range 
of  stakeholders  took  part  in  detailed  discussions  on  the  legislative  plans  well  before  these 
plans were finalised.  

A summary of the views of stakeholders is presented in Section 2 below. 

In  spite  of  the  wide  consultation,  data  collection  has  proved  to  be  highly  problematic,  for 
reasons explained in section 2.3. 

1.2 

The impact assessment board (IAB) 

The Commission’s IAB was consulted on 12 December 2008 and delivered its Opinion on 14 
January 2009. The IAB considered that the report provided good background information on 
the issue and how it has developed in recent years. The IAB recommended that the report be 
significantly improved in a number of areas: the baseline scenario needed to be strengthened, 
measures  listed  in  the  policy  options  should  be  further  developed,  and  the  report  should 
clarify how costly these measures would be for national authorities. 

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Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  -  The  Hague 
Programme: Ten priorities for the next five years The Partnership for European renewal in the field of 
Freedom, Security and Justice, 10.5.2005, COM (2005) 184 final 
Commission  Decision  of  17  October  2007  setting  up  the  Group  of  Experts  on  Trafficking  in  Human 
Beings  (2007/675/EC),  OJ  L  277,  20.10.2007;  Commission  Decision  of  22  July  2008  on  the 
appointment of members of the Group of Experts on Trafficking in Human Beings (2008/604/EC), OJ 
L 194, 23.7.2008. 

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2. 

PROBLEM DEFINITION 

2.1.  What is the problem? 

Whereas a ‘child’ is consistently defined in international instruments as any person below the 
age  of  18  years6,  ‘sexual  exploitation’  and  ‘sexual  abuse  of  children’  are  terms  used  to 
designate different forms of behaviour7 related to sexual relations with a child in the absence 
of  free  will  or  under  a  certain  age,  child  prostitution,  child  pornography,  corruption  of 
children or solicitation for sexual purposes. These phenomena may be interlinked to different 
degrees. For instance, ‘child pornography’ is in reality images of child sexual abuse; the term 
plays down the seriousness of the offence. Furthermore, a recent study showed that 40% of 
arrested  persons  in  possession  of  child  pornography  sexually  victimised  children  too.8  All 
behaviours  described  above  as  sexual  exploitation  and  sexual  abuse  of  children  are 
particularly serious forms of crime as they are directed against children, who have the right to 
special protection and care. 

2.2.  Who is affected and how? 

First of all, child victims of sexual abuse and exploitation. They suffer not only specific short- 
and long-term physical and psychological health consequences but the social consequences of 
the crime to which they have been subjected, depending on their  age  and resilience and the 
environment in which they have been brought up.9 

Officials and professionals likely to come in contact with potential and presumed victims, and 
with  offenders,  are  also  affected.  Child  sexual  abuse  and  exploitation  involves  significant 
intervention  and  corresponding  costs  for  the  health  sector  (treating  victims  for  short-  and 
long-term medical harm), for social support structures and services, and for the judiciary and 
law  enforcement  system  (dealing  with  investigation,  prosecution  and  sanctions  against 
offences). 

The issue also affects society at large: unpunished sexual abuse against children undermines 
the core values of a modern society relating to special protection of children. Furthermore, it 
breeds a sense of insecurity and fear, undermining trust in relevant state institutions, as shown 
by the fall-out from the Dutroux affair in the 1990s. 

2.3. 

The size of the problem 

While there is no doubt that the sexual abuse and exploitation of children is a serious problem, 
there  is  a  lack  of  accurate  and  reliable  statistics  on  the  nature  of  the  phenomenon  and  the 
numbers of children involved, because of differences in national definitions of various child 
sexual  abuse  and  exploitation  offences,  very  significant  underreporting  by  victims,  and 

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CETS 201, Article 3; Convention on the Rights of the Child, Article 1; FD 2004/68/JHA, Article 1. 
CETS 201, Article 18 to 23. 
Wolak,  J.,  et  al.,  Child  pornography  possessors  arrested  in  Internet-related  crimes,  2005,  quoted  in 
Child  Pornography:  Model  legislation  and  global  review,  International  Centre  for  Missing  and 
Exploited Children, 2007. 
This includes post-traumatic stress disorder, depression or anxiety, engaging in sexual and health risk 
behaviour, sexually transmitted disease, intimate partner violence and poor academic performance. See 
May-Chahal,  C.,  and  Herczog,  M.,  Child  sexual  abuse  in  Europe,  2003;  Johnson,  R.J.,  ‘Advances  in 
understanding  and  treating  childhood  sexual  abuse:  Implications  for  research  and  policy’,  Family  & 
Community Health, supplement to Vol. 31, (1S), S24-S31. 

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inadequate data collection mechanisms. Studies suggest that a significant minority of children 
in  Europe,  between  10%  and  20%  as  an  informed  scientific  estimate,  will  be  sexually 
assaulted during their childhood10. 

Research also suggests that this phenomenon is not decreasing over time, rather that certain 
forms of sexual violence (such as abuse of teenagers) are on the rise. Child victims portrayed 
in  pornography  are  getting  younger,  and  the  images  are  becoming  more  graphic  and  more 
violent.11 

2.4. 

The underlying drivers of the problem  

On  the  side  of  the  child  victims,  the  main  driver is vulnerability resulting from a variety of 
factors. 

Major  factors  are  gender  (the  risk  is  three  times  higher  for  girls  than  boys);  age  (pre-
adolescent children are at higher risk) and disability (disabled children face additional risks of 
sexual abuse)12. In turn, different causes appear to be at the root of that situation. 

Poverty  and  social  exclusion  may  also  set  children  at  risk  of  falling  prey  to  sexual 
exploitation.  The  danger  is  even  more  important  given  the  high  profits  that  sexual 
exploitation, including child pornography, can generate. 

Lack  of  a  properly-functioning  social  support  network  plays  an  important  role.  This  also 
covers the family situation. Children in an environment of family violence are also at higher 
risk of suffering social violence. 

There is no clear profile of the offender. Although the percentage of former victims among 
offenders  is  higher  than  in  the  general  population,  the  majority  of  victims  do  not  go  on  to 
become  offenders,  and  most  of  the  offenders  have  not  been  victims.  Preconditions  for 
committing child sexual abuse are emotional congruence, sexual arousal, overcoming internal 
and external inhibitions, and overcoming the resistance of the child. Factors such as the nature 
of  previous  offending,  sexual  preferences  and  a  failure  to  complete  treatment  have  been 
identified as increasing the risk of reoffending. 

Insufficient response by law enforcement mechanisms contributes to the prevalence of these 
phenomena;  difficulties  are  exacerbated  by  the  transnational  dimension  of  certain  forms  of 
offences. 

Victims  are  reluctant  to  report  abuse  for  shame  or  fear  of  the  consequences,  particularly 
where  the  abuse  happens  within  the  family,  and  professionals  in  contact  with  them  do  not 
always  have  the  tools  to  identify  victims.  As  a  result,  three  out  of  four  incidents  of  sexual 
abuse are estimated to go unreported.13 

Certain  behaviours  are  not  considered  a  criminal  offence  everywhere,  and  variations  in 
criminal law and procedure may give rise to differences in investigation and prosecution in 

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May-Chahal & Herczog, op. cit. 
International Centre for Missing and Exploited Children, op. cit. 
Bolen,  RM  (1998)  "Predicting  the  risk  of  being  sexually  abused";  Sullivan  and  Knutson  (2002) 
"Maltreatment and disabilities: a population-based epidemiological study". Studies referenced in May-
Chahal and Herczog, op. cit. 
Johnson, op. cit. 

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different countries. For example, undercover operations where the police infiltrate criminal 
circles are forbidden by law in some Member States, or are subject to different conditions. In 
some  jurisdictions,  viewing  child  pornography  without  storing  files  does  not  amount  to 
‘possession’  and  no  prosecution  is  possible.  Some  Member  States  require  a  victim  of  child 
abuse  committed  abroad  to  file  a  complaint  with  the  home  authorities.  The  conditions  for 
granting  child  offenders  access  to  intervention  programmes  also  vary,  with  some  Member 
States providing for it only in cases where the penalties are below a certain threshold or where 
the  offender’s  capacity  is  affected  by  cognitive  or  intellectual  disorders.  Aggravating 
circumstances  may  apply  only  to  certain  crimes  whose  definition  varies  from  country  to 
country  and  cover  different  behaviours.  Taking  into  account  the  principle  of  strict 
interpretation  of  criminal  law,  and  as  outlined  in  the  Explanatory  Report  to  the  CoE 
Convention  regarding  the  advantages  of  harmonising  criminal  offences,  this  situation  may 
favour  certain  acts  in  Member  States  where  the  law  is  more  lenient,  make  the  collection  of 
comparable  data  and  experience  more  difficult,  and  obstruct  international  cooperation  (in 
particular extradition and mutual legal assistance).14 

Convicted  offenders  may  continue  to  be  dangerous  after  serving  their  sentences.  It  is 
estimated that some 20% of sex offenders on average (with big differences between different 
profiles of offenders)15 go on to commit new offences after conviction. Additional measures 
to  reduce  the  risk  of  their  reoffending  (such  as  exclusion  from  certain  activities  involving 
contact with children, or monitoring) are not always taken, and are difficult to implement if 
they leave the country.16 

Developments in and the spread of information technology have made these problems more 
acute. Images of child abuse can be easily produced and distributed, sold and accessed widely 
at  virtually  no  cost,  giving  new  economic  incentives  to  abusers.  Cyberspace  also  provides 
offenders with new opportunities to find, approach and manipulate children under the cover of 
anonymity. At the same time, national legal systems find it difficult to respond because of the 
number  of  actors  (users,  publishers  of  websites,  internet  service  providers,  and  telecom 
companies) involved in producing and disseminating the information, with different degrees 
of responsibility and operating in different jurisdictions. According to some stakeholders, the 
number of such websites located in the EU seems to have fallen following law enforcement 
action in cooperation with Internet providers and hotlines to report abuse. However, access to 
and  the  distribution  and  sale  of  child  pornography  continues  in  the  EU  through  websites 
located outside Europe, in countries where the cooperation of national authorities is difficult 
to obtain. 

Ease  of  travel  and  income  differences  fuel  so-called  child  sex  tourism.  The  application  of 
certain rules on criminal jurisdiction often results in child sex offenders committing offences 
abroad and enjoying impunity in practice. 

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See the Explanatory Report to CETS 201, para. 112. 
Redondo, S., ‘Sirve el tratamiento para rehabilitar a los delincuentes sexuales?’ in Revista Española de 
Investigación Criminológica, No 4, 2006. 
This is illustrated by a number of tragic cases in recent years, an in particular by that of Mr Fourniret in 
2004. A French citizen, he had previous convictions for a series of murders and sexual assaults against 
children  before  moving  to  Belgium.  As  the  Belgian  authorities  were  not  aware  of  these  previous 
convictions, he was able to start working in a school. He was then able to use this position to commit 
further murders and sexual assaults against children (source: NSPCC (2007) "Protecting children from 
sexual abuse in Europe: safer recruitment of workers in a border-free Europe"). 

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Beyond  the  prosecution  difficulties  referred  to  above,  considerable  profits  can  be  made 
with little risk by organised crime groups involved in the trade in child pornography or even 
in children to be abused. Stakeholders estimate that child pornography is a multimillion-dollar 
business worldwide. 

2.5.  Weaknesses in the current legal framework and policy 

National  legislation  covers  some  of  these  problems  to  varying  degrees.  However,  it  is  not 
strong  or  consistent  enough  to  provide  a  vigorous  social  response  to  this  disturbing 
phenomenon.  

The European Union’s most relevant response17, Council Framework Decision 2004/68/JHA, 
introduces a minimum of approximation of Member States’ legislation to criminalise the most 
serious forms of child sexual abuse and exploitation, to extend domestic jurisdiction, and to 
provide for a minimum of assistance to victims. 

This  legal  framework  is  in  the  early  stages  of  development,  and  a  number  of  shortcomings 
have been identified: 

•  it approximates legislation on only a limited number of offences; 

•  it does not address new forms of child sexual abuse and exploitation predominantly using 
information  technology,  such  as  grooming  or  viewing  child  pornography  on  the  web 
without downloading it; 

•  rules  on  jurisdiction  do  not  completely  remove  obstacles  to  prosecuting  offences  outside 

national territory, as in the case of child sex tourism; 

•  the specific needs of child victims of sexual abuse and exploitation have not been met; 

•  measures to prevent offences are inadequate. 

The  2007  Commission  report  on  the  implementation  of  the  Framework  Decision  concluded 
that,  while  information  from  Member  States  was  incomplete,  the  requirements  set  had 
generally been met. However, the Commission stressed the importance of strengthening social 
protection and ensuring full respect for the rights of child victims, and suggested updating and 
further  strengthening  the  Framework  Decision,  in  particular  regarding  offences  committed 
using IT. 

Other EU initiatives in force or under way partially address some problems which also affect 
child sexual offences. The Framework Decision on the European arrest warrant18 eliminates 
the double criminality requirement for sexual exploitation of children and child pornography, 
but does so only between Member States, above a certain penalty threshold, and only for the 
purpose of surrendering offenders, not to establish jurisdiction for offences committed outside 

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Other instruments include Council Joint Action 97/154/JHA of 24 February 1997 concerning action to 
combat  trafficking  in  human  beings  and  sexual  exploitation  of  children,  OJ  L  63,  4.3.1997,  p.  2; 
Council  Decision 2000/375/JHA  of  29  May  2000  to  combat  child  pornography  on  the  Internet,  OJ  L 
138, 9.6.2000, p. 1. 
Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the 
surrender procedures between Member States. 

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the  country.  The  future  Framework  Decision  on  exchanging  information  extracted  from 
criminal  records19  and  the  ECRIS  Decision20  will  facilitate  electronic  interconnection  of 
criminal  records,  where  information  on  convictions  is  exchanged  between  Member  States 
speedily,  in  a  uniform  and  easily  computer-transferable  way.  However,  the  Framework 
Decisions  makes  it  possible  to  limit  the  exchange  of  information  for  purposes  other  than 
criminal  proceedings  (for  example,  for  controlling  access  to  professions  involving  contacts 
with  children)  and  contains  no  obligation  on  Member  States  to  include  in  their  national 
systems information on prohibitions on offenders from certain activities or to recognize such 
prohibitions  imposed  by  other  Member  States.  The  Council  Framework  Decision  on  the 
application  of  the  principle  of  mutual  recognition  to  alternative  sanctions21  is  a  first  step  in 
this  direction;  however,  it  does  not  cover  professional  disqualifications  either,  in  particular 
disqualification  arising  from  criminal  convictions  and  prohibition  from  working  or  activity 
with  minors.  The  Framework  Decision  2005/222/JHA22  on  attacks  against  information 
systems addresses certain forms of cybercrime, such as illegal access to information systems, 
illegal  system  interference  and  illegal  data  interference,  but  does  not  deal  with  illegal  web 
content. The Safer Internet programme23 contains a number of far-reaching actions, which are 
also very relevant in the fight against child pornography. However, these measures are of non-
legislative nature. 

The  recent  Council  of  Europe  Convention  CETS  No.  201  against  child  sexual  abuse  (see 
section 1.1.1) arguably constitutes the highest international standard for protection of children 
against  sexual  abuse  and  exploitation  to  date.  It  provides  a  comprehensive  and  coherent 
framework covering prevention, coordination of different actors, protection and assistance to 
victims, comprehensive criminalisation of various forms of abuse and exploitation, rules and 
instruments  to  facilitate  investigation,  prosecution,  and  procedural  law.  Implementing  such 
measures would lead to significant improvements. However, Member States may decide not 
to sign or ratify the Convention; even if they do, ratification may take a very long time; and 
even if they ratify, the traditional intergovernmental monitoring mechanism would not ensure 
appropriate implementation. 

On  a  global  scale,  the  main  international  standard  is  set  by  the  Optional  Protocol  to  the 
Convention  on  the  Rights  of  the  Child  on  the  sale  of  children,  child  prostitution  and  child 
pornography of 2000. However, not all Member States have yet acceded to this Treaty. 

2.6.  Main issues to be addressed 

Given the current extent of this crime, and the general view among stakeholders that the legal 
framework is inadequate to tackle it, the specific problems to be addressed can be summarised 
as follows. 

19 

20 

21 

22 

23 

COM(2005)690;  general  approach  agreed  by  the  JHA  Council  of  12-13  June  2007,  expected  to  be 
adopted early in 2009. 
COM(2008)332; politically agreed by the JHA Council on 24 October 2008, expected to be adopted at 
the beginning of 2009. 
The  Council  Framework  Decision  on  the  application  of  the  principle  of  mutual  recognition  of 
judgments and probation decisions with a view to the supervision of probation measures and alternative 
sanctions which was adopted in November 2008. [Ref? OJ?] 
Council  Framework  Decision  2005/222/JHA  of  24  February  2005  on  attacks  against  information 
systems, OJ L 69, 16.3.2005, p. 67. 
See section 3.2 of the Impact Assessment 

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1. 

a. 

Failure to convict criminals  

Insufficient approximation of relevant criminal law provisions in Member States  

Child victims are reluctant to report the abuse because of trauma or their young age, a 

b. 
sense of shame or fear of the repercussions. 

c. 

2. 

Insufficient international cooperation and poor use of effective investigation tools. 

Insufficient protection and assistance to victims 

Assistance measures responding to the special needs of child victims are not in place 

a. 
or are insufficient in many Member States; 

b. 
It  may  be  difficult  in  practice  for  child  victims  to  participate  in  legal  proceedings 
because of the risk of secondary trauma (reviving the abuse experience), or economic or legal 
constraints. 

c 
Child  victims  of  sexual  exploitation  may  face  sanctions  for  violations  of  legal 
provisions (such as immigration law or laws on prostitution) because of the situation in which 
they were exploited.24 

3. 

Insufficient measures to prevent child sexual abuse and exploitation  

Some  convicted  offenders  may  continue  to  be  dangerous  after  serving  their 
a. 
sentences,  and  recidivism  is  a  reality.  Additional  measures  to  reduce  the  risk  of  their 
reoffending are not always taken, and are difficult to implement if they leave the country. 

Preventing  access  to  and  dissemination  of  child  pornography  is  difficult  where  the 

b. 
websites are hosted in a third country. 

4. 

Lack of data on and knowledge of the magnitude of the crime and the effectiveness of 
policy measures to fight child sexual abuse and exploitation in Member States  

2.7. 

How would the problem evolve, all things being equal?  

Due to the current magnitude of the crime, the difficulties in fighting it, the high profitability 
of such criminal activities, and the highlighted weaknesses of existing policies, an increase in 
the  crime  rate  can  be  expected  despite  the  efforts  made  in  recent  years,  including  the  2004 
Framework  Decision.  In  fact,  swift  and  constant  development  and  accessibility  of  new  IT 
techniques and Internet make it likely that the phenomenon will grow in the future. 

24 

Sexually  exploited  children  are  often  victims  of  trafficking,  although  this  may  be  difficult  to  prove. 
According  to  UNICEF  (Child  Trafficking  in  Europe,  2008,  p.25)  ‘many  trafficked  children  are  not 
identified  as  victims,  especially  in  those  countries  that  adopt  a  narrow  definition  of  trafficking.  Even 
when  children  are  identified  as  victims  of  trafficking,  their  cases  are  still  not  always  recognised  as 
such.  Cases  that  are  brought  to  court  may  be  tried  under  other,  related  legislation,  such  as  laws  on 
sexual exploitation and abuse, migration and asylum, or labour regulations. [...] In consequence, and 
far  too  often,  victims  of  trafficking,  both  children  and  adults,  are  treated  as  illegal  migrants,  or  as 
individuals who are criminally complicit in their own exploitation.’ 

EN 

11 

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Ongoing initiatives in police and judicial cooperation (such as those outlined above) may have 
some  effect  in  tackling  such  crime.  Implementing  the  provisions  of  Council  of  Europe 
Convention CETS No. 201 would also lead to significant improvements. 

However, there is no certainty that all Member States will ratify the Convention in the near 
future.  There  is  neither  timescale  for  ratification,  nor  a  vigorous  monitoring  mechanism  to 
ensure appropriate implementation. 

For these reasons, stakeholders argue forcefully for more effective, specific measures. 

2.8. 

Right to act, subsidiarity and fundamental rights 

Under  Article  29  of  the  Treaty  on  the  European  Union,  the  Union’s  objective  is  to  provide 
citizens  with  a  high  level  of  safety.  This  objective  is  to  be  achieved,  in  particular,  by 
preventing and combating offences against children. 

The  EU  should  take  action  in  this  field  only  if  and  in  so  far  as  this  objective  cannot  be 
sufficiently  achieved  by  the  Member  States  and  can  be  better  achieved  by  the  Union.  As 
stated above, child sexual exploitation and abuse has a considerable cross-border dimension, 
which is most evident in child pornography and child sex tourism, but also appears in the need 
to  ensure  that  children  in  all  Member  States  should  be  protected  from  offenders  from  all 
Member  States,  who  can  travel  easily.  This  requires  EU  action,  notably  to  follow  up  on 
Council  Framework  Decision  2004/68/JHA  and  Council  Decision  2000/375/JHA,25  as  the 
objective  of  effectively  protecting  children  by  preventing  and  combating  offences  against 
them cannot be sufficiently achieved by Member States alone. 

Any such EU action must respect fundamental rights and observe the principles recognised in 
particular by the Charter of Fundamental Rights of the European Union (EU Charter) and the 
Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), notably 
human  dignity,  the  rights  of  the  child,  the  prohibition  of  torture  and  inhuman  or  degrading 
treatment or punishment, the right to liberty and security, respect for private and family life, 
protection  of  personal  data,  non-discrimination,  and  the  special  procedural  rights  set  out  in 
Articles 47 to 50 of the EU Charter (Articles 6, 7 and 13 of the ECHR). Member States, when 
implementing EU law, must do so in accordance with these rights and principles.  

The EU Charter is of particular relevance to this Impact Assessment. Article 24 lays down a 
positive  obligation  to  act  with  the  aim  of  ensuring  the  necessary  protection  of  children.  It 
states  that  children  shall  have  the  right  to  such  protection  and  care  as  is  necessary  for  their 
wellbeing.  In  addition,  it  requires  that  in  all  actions  relating  to  children,  whether  taken  by 
public  authorities  or  private  institutions,  the  child’s  best  interests  must  be  a  primary 
consideration. In addition, as regards  Articles  1 and 3 of  the ECHR,  the  European Court of 
Human  Rights  has  held  that  Contracting  States  are  required  to  take  measures  to  ensure  that 
individuals within their jurisdiction are not subjected to ill-treatment, including ill-treatment 
by private individuals.26 

25 

26 

Council Decision of 29 May 2000 to combat child pornography on the Internet, OJ L 138, 9.6.2000, p. 
1. 
ECtHR, M.C. v. Bulgaria, para. 149. 

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2.9. 

Views of consulted stakeholders 

A broad range of experts in the field were consulted in three different meetings dealing both 
with  child  sexual  abuse  and  sexual  exploitation,  and  trafficking  in  human  beings.  This 
included,  in  particular,  the  following  categories  of  stakeholders  were  invited  to  the 
consultation: 

–  Representatives of Member States' Governments. 

–  Members of the Commission's Group of Experts on Trafficking in Human beings, selected 

from Government bodies, NGOs and academia. 

–  International  organisations:  Council  of  Europe,  ICMPD,  ILO,  IOM,  ODIHR,  UNICEF, 

UNHCR, UNOCD. 

–  NGOs: Amnesty International, CATW, CCME, Centre pour l'égalité des chances, ECPAT, 
Fondation Roi Baudoin, La Strada, Missing Children, NSPCC, On the Road, Pag-asa, Save 
the Children, TAMPEP, Terre des Hommes, Women Lobby. 

–  Academia  and  research  centres:  Brottsförebyggande  rådet,  Innocenti  Center  of  UNICEF, 

Transcrime, University of Kiel. 

–  Public  institutions:  Carabinieri,  CEOP,  Dutch  National  Rapporteur  on  Trafficking, 

Europol, Eurojust. 

–  A  number  of  experts  and  organisations  have  subsequently  sent  in  submissions  and 
provided  information:  NSPCC,  INHOPE,  Missing  Children  Europe,  Save  the  Children, 
EuroISPA, and UNICEF. 

The  consultation  revealed  widespread  agreement  on  the  need  to  substantially  improve  the 
level  of  protection  to  children  granted  by  the  EU  framework,  to  take  account  of  technical 
developments and trends, and to align it with the highest international standards. This is also 
necessary to ensure that Member States will be in a position to comply with their international 
obligations, in particular with regard to Council of Europe Convention CETS No. 201, which 
sets a high and advanced level of protection. 

Key messages resulting from the consultation are: 

–  the need to incorporate improvements of the Council of Europe Convention; 

–  the need to criminalise forms of abuse not included in the current FD, in particular offences 

using IT; 

–  the need to eliminate obstacles to investigation and prosecution in cross-border cases; 

–  the need to ensure comprehensive protection of victims, in particular in investigation and 

criminal proceedings; 

–  the need to prevent offences through intervention programmes and treatment; 

–  the need to ensure that convictions and security measures imposed on dangerous offenders 

in one country are effective in all Member States. 

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The  input  received  during  the  consultation  has  been  taken  into  account  in  the  Impact 
Assessment. Some of the proposals made by different stakeholders in the consultation process 
have not been included in the policy options, for the reasons explained in section 4.3 (policy 
Option 3). 

3. 

OBJECTIVES 

3.1. 

General, specific and operational objectives 

The general policy objective of the Union in this field, under Article 29 of the Treaty on the 
European  Union,  is  to  prevent  and  combat  offences  against  children,  which  includes  child 
sexual abuse and child sexual exploitation. This should be done by building a more coherent 
framework  for  combating  these  crimes  within  the  third  pillar  and  by  increasing  its 
effectiveness. 

In view of the problems described, this general objective could be served by action aimed at 
achieving the following specific and operational objectives. 

A. 

Specific objective: to effectively prosecute the crime 

Operational objectives: 

A.1  To impose effective, proportionate and dissuasive criminal penalties on offenders 
who  commit  child  sexual  abuse  or  exploitation.  This  is  especially  important  with  regard  to 
activities  which  currently  are  not  criminalised  at  all,  or  are  not  criminalised  consistently 
throughout  the  EU,  including  new  forms  of  child  sexual  abuse  or  exploitation  committed 
using information technology. 

A.2  To  facilitate  the  investigation  of  offences  and  the  initiation  of  criminal 
proceedings, especially in the absence of reporting or a complaint by the child victim at the 
time of the abuse. 

To  effectively  prosecute  abuse  or  exploitation  committed  abroad,  thus  ensuring 

A.3 
that international travel is not an obstacle to fighting child sexual abuse and exploitation. 

To  remove  obstacles  to  international  cooperation  and  to  foster  the  use  of 

A.4 
investigative tools which are effective in organised crime and transnational cases. 

B. 

Specific objective: to protect victims’ rights 

Operational objectives: 

To facilitate access by victims to legal remedies and appropriate specialist protection 

B.1 
measures. 

To  ensure  that  victims  of  child  sexual  abuse  and  exploitation  suffer  no  harm  from 

B.2 
participating in criminal investigations and proceedings. 

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C 

Specific objective: to prevent child sexual exploitation and abuse 

Operational objectives: 

To promote access to intervention programmes and measures as a means to prevent 

C.1 
repeated and first-time offences against children. 

C.2 
To  ensure  that  appropriate  security  measures  are  taken  with  regard  to  child  sex 
offenders  who  continue  to  be  dangerous  after  their  release,  and  that  they  are  effectively 
implemented throughout the EU. 

To  technically  prevent  or  make  it  more  difficult  to  access  and  disseminate  child 

C.3 
pornography, especially on the internet. 

D. 

Specific objective: to establish effective monitoring systems 

Operational objective: 

To create harmonised national mechanisms to measure the extent of such crime and 

D.1 
to monitor the effectiveness of policy to fight child sexual abuse and exploitation. 

3.2. 

Consistency of the objectives with other EU policies and horizontal objectives 

The objectives are fully consistent with the EU policy of promotion, protection and fulfilment 
of  children’s  rights  in  the  internal  and  external  policies  of  the  EU.  The  EU  explicitly 
recognised  protection  of  children’s  rights  in  the  European  Charter  of  Fundamental  Rights, 
specifically in Article 24. Furthermore, in its communication Towards an EU Strategy on the 
Rights  of  the  Child,  the  Commission  set  itself  the  objective  of  maximising  the  use  of  its 
existing policies and instruments partly with a view to protecting children from violence and 
sexual exploitation inside and outside the EU. 

They are also consistent with the Safer Internet Programme27 set up to promote safer use of 
the Internet and new online technologies, particularly for children, and to fight against illegal 
content.  They  complement  the  forthcoming  Safer  Internet  Programme  2009–2013,28  which 
will  include  action:  (1)  to  reduce  the  amount  of  illegal  content  circulating  online  and  deal 
adequately  with  harmful  conduct  online,  mainly  online  distribution  of  child  sexual  abuse 
material,  (2)  to  promote  a  safer  online  environment  by  bringing  stakeholders  together  and 
enhancing  both  cooperation  between  them  and  action  by  them,  (3)  to  ensure  and  increase 
awareness,  in  particular  among  children,  parents,  carers  and  educators,  of  opportunities  and 
risks  relating  to  the  use  of  online  technologies  and  means  of  staying  safe  online,  (4)  to 
establish  a  knowledge  base  for  dealing  adequately  with  existing  and  emerging  uses  of  the 
online  environment  and  relevant  risks  and  consequences,  and  (5)  to  enhance  international 
cooperation. 

27 

28 

Decision No 854/2005/EC of the European Parliament and of the Council of 11 May 2005, OJ L 149, 
11.06.2005, p.1. 
Proposal  for  a  Decision  of  the  European  Parliament  and  of  the  Council  establishing  a  multiannual 
Community  programme  on  protecting  children  using  the  Internet  and  other  communication 
technologies, 27.2.2008, COM(2008)106 final. 

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15 

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4. 

POLICY OPTIONS 

4.1. 

Policy option (1)  No new EU action 

The EU would take no new action (legislation, non-policy instruments, financial support) to 
combat child sexual abuse and exploitation. 

Under  this  policy  option,  Member  States  may  continue  the  process  of  signature  and 
ratification  of  Council  of  Europe  Convention  CETS  No.  201.  Shortly  over  one  year  after 
being  adopted,  the  Convention  has  been  signed  by  32  Parties,  including  20  EU  Member 
States29,  and  it  can  be  expected  that  others  will  follow.  The  Commission  would  encourage 
Member States to ratify, as it currently does in different contexts. 

Ratification  by  Member  States  would  lead  to  significant  improvements.  They  would  derive 
from  the  Convention's  innovative  content  and  its  broad  extent  of  measures  covering 
prevention,  coordination  of  different  actors,  protection  and  assistance 
to  victims, 
comprehensive  criminalisation  of  various  forms  of  abuse  and  exploitation,  rules  and 
instruments to facilitate investigation, prosecution, and procedural law. 

It should be noted, though, that ratification of the Convention requires Parties to have already 
put  in  place  all  necessary  measures  so  that  they  may  implement  its  obligations  from  the 
moment  they  ratify.  This  includes  introducing  the  necessary  legislation  and  setting  up  the 
administrative  mechanisms  required.  As  a  result,  the  ratification  of  the  Convention  by  EU 
Member States is a process that may go on for a long and uncertain period of time, depending 
on how long it takes each of the individual Member States to adopt those measures. It has to 
be  noted  also  that  the  degree  of  what  is  considered  sufficient  implementation  required  for 
ratification may vary in practice from one signatory State to another one. 

The Convention is in principle open to signature by the European Community. However, at 
the current stage of development of community law, the matters covered by the Convention 
fall primarily outside of the competences of the European Community, as matters under the 
EU's third pillar (Title VI of the Treaty on the European Union). Therefore, ratification by the 
European  Community  is  at  present  not  possible.  Should  this  be  possible  in  the  future  (for 
instance  because  the  European  Union  acquires  legal  personality),  this  would  still  require 
adoption  of  EU  legislation  to  comply  with  the  international  obligations  arising  from  the 
Convention. As this would mean positive EU action, for methodological reasons it cannot be 
considered in the baseline scenario under Option 1 ("no new EU action"). 

4.2. 

Policy option (2)  Complement 
measures 

existing 

legislation  with  non-legislative 

Existing  EU  legislation,  in  particular  Framework  Decision  68/2004/JHA  would  not  be 
amended, so Member States would not be obliged to amend their criminal law on child sexual 
abuse  and  exploitation.  Instead,  non-legislative  measures  could  be  put  in  place  to  support 
coordinated implementation of national legislation. The EU would not prescribe how to carry 
out  this,  in  recognition  of  the  fact  that  each  MS  would  need  to  select  the  most  appropriate 
approach to implementation for its own particular situation. However the EU would provide 

29 

Austria,  Belgium,  Bulgaria,  Cyprus,  Denmark,  Estonia,  Finland,  France,  Germany,  Greece,  Ireland, 
Italy, Lithuania, Netherlands, Poland, Portugal, Romania, Slovenia, Sweden, United Kingdom. 

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16 

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examples of what Member States have done by way of best practice. The following measures 
would be included: 

•  exchanging  information  on  and  experience  of  prosecuting  offences:  on  forms  of  abuse 
which are difficult to combat, new forms of abuse involving cyberspace and IT; the fight 
against sexual abuse and exploitation occurring outside Member States but involving their 
nationals or permanent residents as offenders; 

•  setting up joint investigative teams and judicial coordination to investigate and prosecute 

child pornography cases involving a number of Member States; 

•  exchanging  experience  among  authorities  on  the  implementation  of  Council  Decision 
2008/615/JHA30 to DNA files opened and kept for the investigation of child sexual abuse 
offences 

•  exchanging information and experience relating to protection of the victims, in particular 
to  avoid  re-victimisation  through  their  participation  in  investigations  and  judicial 
proceedings; 

•  ensuring coordination between different actors involved in child protection (education and 
health,  social  services,  law  enforcement  and  the  judiciary)  and  setting  up  independent 
institutions to promote and protect children’s rights 

•  exchanging  information  and  experience  on  measures  other  than  criminal  sentences  to 
protect  victims  in  the  best  interests  of  the  child,  to  protect  their  privacy,  and  to  ensure 
short-, medium- and long-term support for victims, including through special funds using 
the proceeds of these offences. 

•  exchanging  information  on  and  experience  of  preventing  offences,  in  particular 
intervention programmes and measures, and security measures against offenders (such as 
disqualification  arising  from  criminal  convictions,  prohibition  from  working  or  activity 
with minors). 

•  training and awareness raising for children and those in regular contact with them, so that 
they know enough to recognise and report sexual abuse, and for public officials to conduct 
proceedings in a child-friendly way. 

•  cooperating  with  the  private  sector  (in  particular  the  information  and  communication 
technology,  tourism  and  travel,  banking  and  finance  industries)  and  with  civil  society  to 
develop  and  implement  policies  to  prevent  sexual  exploitation  and  sexual  abuse  of 
children. 

•  encouraging  self-regulation  of  Internet  Service  Providers  to  cooperate  with  public 
authorities and block access to webpages containing or disseminating child pornography. 

•  setting  up  mechanisms  for  data  collection  or  focal  points  to  observe  and  evaluate  the 

phenomenon of child sexual abuse and exploitation. 

These non-legislative measures have been identified in consultation with stakeholders. Some 
of them seek, through exchange of information and experience, to explore new ways for more 
effective  action  on  the  triple  front  of  prosecution,  protection  and  prevention,  and  focus  on 

30 

Council  Decision  2008/615/JHA  of  23  June  2008  on  the  stepping  up  of  cross-border  cooperation, 
particularly in combating terrorism and cross-border crime, OJ L 210, 6.8.2008, p.1. 

EN 

17 

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especially  difficult  areas  identified  in  national  practice,  such  as  IT  offences,  cross-border 
crimes, secondary victimisation or recidivism of convicted offenders. 

Others  have  been  identified  by  Member  States  as  useful  elements  for  the  effective 
implementation  of  legislation,  and  as  such  have  been  introduced  in  Council  of  Europe 
Convention CETS No. 201, in particular concerning collection and exchange of data, training 
and cooperation with the private sector. The EU would thus serve as a facilitator to promote 
cooperation,  exchange  of  best  practices,  and  policy  coordination  among  Member  States,  to 
promote  ratification  of  the  Convention,  and  contribute  to  compliance  with  the  international 
obligations  resulting  from  it  in  a  consistent  way.  The  EU  would  even  go  beyond  the 
Convention by providing a consolidated legal framework (Council Decision 2008/615/JHA) 
for the collection and exchange of personal data of convicted persons, as envisaged in Article 
37 of the Convention. 

•  In  the  case  of  blocking  of  Internet  pages  through  self-regulation  by  Internet  Service 
Providers,  this  is  a  measure  that  is  already  in  place  in  certain  Member  States  (United 
Kingdom,  Sweden).  EU  action  would  seek  to  encourage  generalisation  of  voluntary 
agreements of Internet Providers drawing on that experience. 

4.3. 

Policy option (3)  New legislation on prosecuting offenders, protecting victims, 
and preventing offences 

The  3rd  policy  option  would  be  for  a  new  Framework  Decision,  which  at  once  repeals  and 
incorporates the existing Framework Decision, includes certain provisions of the Convention 
CETS No. 201 and also additional  provisions  which are not  contained in either the existing 
Framework Decision or the Convention to address the objectives to a greater extent than the 
equivalent provisions of the Convention. 

Comparison of the policy option with the current Framework Decision 2004/68/JHA 

The  new  elements  to  be  included  in  the  new  Framework  Decision,  compared  to  the  current 
Framework Decision, would be the following ones: 

On substantive criminal law in general 

Serious  forms  of  child  sexual  abuse  and  exploitation  are  currently  not  covered  by  EU 
legislation.  To  ensure  prosecution  and  to  facilitate  international  cooperation  in  trans-border 
cases, they should be explicitly included as criminal offences in a Framework Decision. The 
conducts  described  in  Convention  CETS  No.  201  would  be  criminalised  also  in  the  EU 
legislative instrument, and the level of penalties would be increased to reflect the seriousness 
of offences. The following conduct would be criminalised, and other elements would also be 
included: 

•  engaging in sexual activities with a child under the age of sexual consent 

•  engaging in sexual activities with a child where abuse is made of the child’s particularly 

vulnerable situation 

•  coercing a child into sexual relations with a third party 

•  intentionally causing children to witness sexual abuse or activities 

•  new  aggravating  circumstances:  particularly  vulnerable  victim,  abuse  of  authority  or 

influence; gang offence; recidivism 

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18 

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•  amendment  of  the  definition  of  ‘child  pornography’  to  better  align  it  with  international 
instruments  (in  particular  the  CoE  Convention)  and  to  cover  child  sexual  abuse  or 
exploitation more widely 

•  inclusion of all cases of child pornography offences, even where adults pose as children, or 

where it involves realistic images of a non-existent child 

•  knowingly attending pornographic performances involving children 

•  attempting  to  commit  child  sexual  abuse  or  exploitation  offences;  aiding  and  abetting  by 
means  of  advertising  child  pornography,  facilitating  travel  or  arrangements  for  child  sex 
tourism, or promoting child sexual abuse or exploitation, for example, through internet fora 

•  The level of penalties would be increased and the legislation would be consistent with the 
rules  on  child  trafficking,  so  that  criminal  sanctions  are  proportionate,  effective  and 
dissuasive,  and  that  investigation  and  prosecution  of  these  offences  is  given  appropriate 
attention by national authorities. 

Some  elements  suggested  by  stakeholders  during  the  consultation  have  been  taken  into 
account,  but  for  different  reasons  would  not  be  included  in  this  proposal.  They  are  the 
following: 

•  The proposal to approximate legislation harmonising the age of sexual consent 

The  age  under  which  engaging  in  consensual  sexual  relations  with  a  child  is  considered  a 
criminal  offence  varies  considerably  throughout  the  EU,  with  ages  ranging  from  13  to  17 
years.  Setting  a  uniform  age  of  sexual  consent  would  have  the  advantage  of  granting  a 
uniform  level  of  protection  for  children  across  Europe  and  would  avoid  any  inconsistency 
arising from the abolition of double criminality (an element which is essential to fight child 
sex tourism). However, it has been considered that the regulation of such delicate matter as 
the  discovery  of  sexuality  by  adolescents  results  from  a  set  of  cultural  and  moral  norms 
particular  for  each  Member  State  on.  Attempts  to  harmonise  that  age,  even  within  certain 
brackets would have triggered difficult and possibly emotional debates in Member States and 
would  unlikely  lead  to  a  consensus.  Therefore,  it  has  been  considered  not  to  include  this 
element in a proposal. 

•  The  proposal 

to  change 

the 

term  "child  pornography" 

to  "child  sexual  abuse 

images/materials. 

The  proposed  change  would  properly  reflect  the  gravity  of  the  offence.  The  current  term 
"child  pornography"  is  indeed  misleading  and  suggests  that  this  is  just  one  special  kind  of 
pornography, as such a legitimate activity. However, the term "child pornography" is used in 
international  instruments  and  legislation.  Changing  the  term  in  an  EU  Framework  Decision 
would have created problems of consistency for the national legislator, who would have been 
confronted  with  the  need  to  use  different  wording  deriving  from  different  international 
obligations. For that reason, the term "child pornography" has been maintained. 

On new criminal offences in the IT environment 

New  forms  of  sexual  abuse  and  exploitation  are  being  facilitated  by  the  use  of  IT.  This  is 
mainly due to the possibilities for offenders to act with a certain degree of anonymity. In other 
cases,  webcams  allow  to  be  virtually  present  in  the  abuse  of  children,  even  over  a  physical 
distance.  And  access  to  child  pornography  which  is  not  technically  stored  in  the  offender's 

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equipment  does  not  amount  to  possession  in  certain  jurisdiction.  If  these  new  forms  of 
behaviours are not explicitly included in criminal law, prosecutions and sanctions are legally 
not possible. Therefore, new criminal offences should be included in the FD to take account 
of them, building on the work done in the context of the recent Convention CETS No. 201. 
The new forms of criminal offences would include, in particular: 

•  grooming (soliciting children for sexual purposes) 

•  online sexual abuse and exploitation by means of images, without physical contact 

•  intentionally viewing child pornography without downloading or storing files. 

On criminal investigation and initiation of proceedings 

A  number  of  provisions  would  be  introduced  to  assist  with  investigating  offences  and 
bringing  charges.  Especially  on  child  pornography,  sex  offender  circles  are  difficult  to 
investigate by law enforcement authorities, as they after require newcomers to provide child 
abuse  image  as  a  way  of  vetting  them,  something  that  traditional  rules  regulating  enquiry 
activities by the police may forbid. Additionally, it is important that charges can be brought 
by the victim once he or she has recovered from the trauma of suffering the abuse, which can 
take years after it happens, particularly given the vulnerable situation of children. On the other 
hand, other persons who become aware of the abuse should be able to report it without having 
to  fear  sanctions  for  breaches  of  professional  rules  on  confidentiality,  as  for  the  reasons 
mentioned  before,  the  child  itself  may  not  be  in  a  position  to  denounce  the  crime.  The 
Framework Decision would include, in particular, the following elements: 

•  explicitly  recognising  the  possibility  to  use,  where  appropriate,  special  investigative 
techniques  for  investigating  child  sexual  abuse  and  exploitation  offences,  subject  to 
conditions  laid  down  by  national  legislation  and  taking  into  account,  inter  alia,  the 
principle of proportionality in relation to the rules of evidence and regarding the nature and 
seriousness of the offences 

•  extending the statute of limitations for the victim in all child sexual abuse and exploitation 

offences 

•  protecting professionals who may come into contact with children and report suspicion of 

abuse from liability 

On prosecution of offences committed abroad 

Rules on jurisdiction would be amended to ensure that child sexual abusers or exploiters from 
the EU face prosecution even if they commit their crimes in a third country, via so-called sex 
tourism.  For  that,  traditional  rules  on  criminal  jurisdiction  should  be  amended  to  cover 
extraterritorial cases and to eliminate requirements of intervention by authorities in the third 
country,  which  may  not  be  able  or  willing  to  take  a  firm  stand  against  child  sexual 
exploitation. In this way offenders abusing abroad face sanctions when they come back. The 
following elements would be included: 

•  to  establish  Member  States’  jurisdiction  in  all  cases  where  the  offender,  the  person  for 
whose benefit the offence is committed or the victim is a national or a permanent resident, 
regardless of where the abuse takes place 

•  to  abolish  the  prosecution  requirement  in  some  national  legislation  that  the  acts  must  be 

criminal offences in the country where they are performed (‘dual criminality’) 

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•  to abolish the requirement in some national legislation that the victim file a complaint or 

that the State where the offence took place bring charges 

On protection of victims 

Victims should have easy access to legal remedies. When abuse occurs in the family, it would 
be  necessary  to  tackle  conflicts  of  interest,  and  the  vulnerable  situation  of  the  child,  also  in 
financial terms, advocate free legal counselling and representation. Additionally, children who 
are  sexually  exploited  should  not  be  in  a  position  to  fear  sanctions  from  authorities  derived 
from bringing their case to their attention,  for example as a result of national legislation on 
immigration  or  on  prostitution.  Furthermore,  their  participation  in  criminal  proceedings 
should ensure that reviving the experience and facing offenders does not lead to new trauma. 
The new provisions would include: 

•  adoption of protection measures for child victims following a multidisciplinary assessment 

of their needs, taking into account the best interests of the child in the first place 

•  to free legal counselling and free legal representation for victims of exploitation who are 

party to criminal proceedings on these offences 

•  appointment of a special representative of the child victim in criminal proceedings in the 

event of a conflict of interest with the legal guardian 

•  specific  provisions  on  the  participation  of  child  victims  in  investigations  and  criminal 

proceedings to prevent trauma and re-victimisation 

•  non-punishment  and  non-detention  provisions  for  victims  of  offences  related  to  their 

exploitation 

On prevention of offences 

Amendments  would  be  introduced  to  help  prevent  child  sexual  abuse  and  exploitation 
offences,  through  a  number  of  actions.  Some  would  concentrate  on  previous  offenders.  To 
prevent  re-offending,  the  dangerousness  of  each  particular  offender  should  be  assessed. 
Intervention  programmes  and  different  types  of  treatment  are  proving  effective  in  curbing 
down re-offending, and this good practice should be generalized, taking care of respecting the 
fundamental rights of offenders. Additionally, it should be possible to ensure that prohibitions 
to exercise activities involving contact with children can be implemented even if the offender 
crosses  borders  within  the  EU.  On  child  pornography,  reducing  the  possibilities  of 
dissemination  reduces  also  economic  incentive  for  abusers  to  commit  their  crimes.  Where 
removing  the  pages  at  the  origin  is  not  possible,  technical  tools  to  restrict  access  at  the 
destination should be considered. The following measures should be included: 

•  Individual risk assessment of each convicted child sex offender 

•  Obligation for Member States to offer intervention programmes or measures accessible to 

convicted child sex offenders on a voluntary basis 

•  Adoption of measures focused on offenders, such as disqualification arising from criminal 
convictions  and  prohibition  from  working  or  activity  with  minors,  as  appropriate  for 
offenders whose risk assessment indicates that they are still dangerous.  

•  Mechanisms  to  ensure  recognition  and  effective  implementation  of  such  measures 
throughout  the  EU.  These  would  require  efficient  information  exchange  between  the 
Member  States  on  child  sex  offenders’  criminal  records,  to  include  information  on 

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disqualification arising from criminal convictions and prohibition from working or activity 
with  minors,  and  to  ensure  their  mutual  recognition.  This  would  entail  making  some 
additions  to  the  rules  envisaged  in  the  future  EU  instruments  on  exchange  of  criminal 
records,  namely  to  include  such  prohibitions  in  the  criminal  records,  and  to  allow 
processing of that personal data for the purpose of implementing the prohibitions. 

•  An obligation on Member States to put in place a mechanism to block access by Internet 
users  to  Internet  pages  containing  or  disseminating  child  pornography,  through,  for 
instance,  legally  binding  measures  or  voluntary  agreements  with  Internet  Service 
Providers.31 

•  Some  elements  suggested  by  stakeholders  during  the  consultation  have  been  taken  into 
account, but for the reason mentioned below would not be included in this proposal. They 
are the following: 

•  The proposal to include a system of mandatory checking of criminal records by employers. 

This  proposal  aimed  at  ensuring  that  child  sexual  offenders  who  are  prevented  from 
exercising professional activities involving regular contact with children would effectively be 
barred  from  gaining  access  to  those  positions.  However,  such  measure  would  involve 
regulating  the  conditions  for  access  to  employment  in  Member  States,  which  would  go 
beyond  the  scope  of  a  Framework  Decision  and  of  any  EU  instrument  in  criminal  matters. 
Therefore,  this  matter  has  been  left  to  Member  States.  However,  where  Member  States' 
legislation does require such mandatory checking, the proposal would provide the added value 
of ensuring that the criminal records to be checked provide an accurate picture of prohibitions 
arising from conviction issued anywhere in the EU. 

In this way, the new Framework Decision would lay down a comprehensive legal framework, 
within the limits set by the Treaty, respecting the principles of necessity and proportionality. 

The  individual  elements  of  this  option  have  been  identified  through  a  broad  stakeholder's 
consultation and,  for the vast majority of measures, taking into account information on best 
national practices and the improvements in international standards recently introduced in the 
Convention CETS No. 201. The consultation meetings have contributed to the update of the 
list of problems and solutions. 

Even  though  international  action  in  criminal  law  is  relatively  recent,  a  broad  consensus  has 
been  built  on  the  need  for  a  holistic  approach  covering  prosecution  of  the  offenders, 
protection  of  the  victims,  and  prevention  of  the  phenomenon.  The  three  aspects  are 
interdependent, and combining them is a condition for success of an effective policy. To fight 
crime,  criminal  sanctions  are  necessary,  and  the  rule  of  law  requires  legislation  for  that. 
Protection  of  victims  is  a  humanitarian  duty  and  a  condition  for  successful  prosecution,  as 
victims are the main witnesses. And penalties are necessary, but only intervene after the crime 
has been committed and the victim has been harmed, making it necessary to adopt additional 
measures to reduce the risks of offending. 

The current Framework Decision already addresses prosecution and protection. Legislation to 
go beyond the baseline scenario would therefore need to introduce substantive improvements 
in those two fields and additionally incorporate provisions on prevention. 

31 

This specific measure may require a separate EU legal instrument. 

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Comparison of the policy option with the Convention CETS No. 201 

With  respect  to  Convention  CETS  No.  201,  this  policy  option  would  allow  for  the  EU  to 
provide added value in a number of areas that are described in detail below. 

Firstly,  in  general  terms,  even  though  Member  States  may  be  willing  to  ratify  Convention 
CETS No. 201, incorporating some of its provisions into the new Framework Decision would 
provide  a  number  of  advantages  linked  to  the  stronger  bond  created  by  the  EU  legal  order. 
The  added  value  of  an  EU  instrument  is  related  to  the  advantages  of  the  more  integrated 
institutional  framework  of  the  European  Union  concerning  third  pillar  instruments,  in 
particular Framework Decisions, vis-à-vis international treaties and conventions. In particular: 

•  In contrast with the lengthy procedures to sign and ratify international conventions that can 
last  for  many  years,  Framework  Decisions  enter  into  force  exactly  as  first  pillar 
instruments do and set out a restricted period for implementation. 

•  Member States must notify the national measures implementing Framework Decisions to 
the  Council  and  Commission.  The  correct  and  full  implementation  of  Member  States  is 
evaluated in an implementation report from the Commission, later assessed by the Council. 
In addition, the European Court of Justice is entitled to interpret Framework Decisions via 
preliminary  rulings.  Sixteen  Member  States  have  accepted  so  far  the  authority  of  the 
European Court of Justice to deliver preliminary rulings as regards instruments of the third 
pillar. 

Secondly,  a  number  of  substantial  provisions  which  are  not  contained  in  Convention  CETS 
No. 201 have been identified in consultations with stakeholders as necessary to go beyond the 
level of detail of the Convention and to improve protection of children beyond the Council of 
Europe standard: 

•  The  establishment  of  mechanisms  to  ensure  that  exclusions  from  exercising  certain 
activities  involving  regular  contact  with  children,  to  reduce  the  risk  of  reoffending,  are 
applied consistently EU-wide. 

This  measure  would  build  upon  work  already  achieved  at  EU  level,  such  as  the  general 
scheme  for  exchange  of  information  on  criminal  records,  and  on  the  implementation  of 
alternative  sanctions,  and  would  introduce  specific  elements  necessary  to  ensure  the 
effectiveness of those prohibitions across the EU, such as the need to include them in national 
criminal records, and the possibility to use the personal data for the purpose of implementing 
the  prohibition,  for  example  to  grant  access  to  employment  involving  regular  contact  with 
children. 

•  Member  States  should  put  in  place  mechanisms  to  block  access  to  Internet  pages 

containing or disseminating child pornography. 

This  is  considered  by  stakeholders  as  a  necessary  element  in  the  fight  against  child 
pornography,  in  particular  where  the  websites  are  located  outside  the  EU,  as  it  usually 
happens,  and  removing  its  content  from  the  original  source  requires  cooperation  by  third 
country authorities, which is not easy to obtain. 

The  obligation  on  Member  States  to  put  in  place  a  mechanism  to  block  access  does  not 
exclude  self-regulation  by  Internet  Service  Providers.  Only  in  the  absence  of  effective  self-

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regulatory measures putting in place a blocking mechanism should Member States look into 
taking additional measures, which may include regulations. 

The  solution  on  blocking  access  limited  to  encouraging  self-regulation  is  dealt  with  under 
option 2. 

•  criminalising coercing a child into sexual relations with a third party 

In the current Framework Decision, coercing a child into sexual relations with a third party is 
only  a  criminal  offence  if  money  is  received  in  exchange,  that  is,  in  the  context  of  child 
prostitution. However, the harm for the child arises arguably from the fact of being forced to 
sexual relations, regardless of whether payment (usually to the exploiter) has taken place or 
not. This provision would cover this lacuna of the current legal framework. 

•  eliminating possibilities for Member States to make exceptions in the current Framework 

Decision on child pornography offences 

The  current  Framework  decision  contains  the  possibility  for  Member  States  to  exempt 
themselves  from  criminalising  certain  forms  of  child  pornography.  These  exemptions, 
however, blur the clear message that child pornography is in reality child sexual abuse images 
and  that  it  should  be  combated.  It  also  conveys  the  message  that  certain  forms  of  child 
pornography  can  be  considered  as  acceptable.  For  the  sake  of  coherence  and  to  clarify  the 
legal provisions, they should be eliminated. 

•  addressing activities facilitating child pornography and child sex tourism 

The  sexual  exploitation  of  children  through  child  pornography  or  child  sex  tourism  usually 
takes  place  in  the  context  of  complex  organisations  and  involving  a  number  of  actors.  It  is 
important that attention is drawn to the need examine activities which are necessary for these 
forms of abuse to take place (like the organisation of sex trips or the advertisement of child 
pornography) as instigation, or aiding and abetting under national law. 

•  adapt the level of penalties to the severity of the offences 

The  levels  of  penalties  should  be  increased  to  reflect  the  seriousness  of  the  offence  and  the 
harm they cause on child victims. It is also necessary to ensure consistency with the penalties 
set  out  in  the  Framework  Decision  on  Trafficking  for  traffickers  exploiting  children  for 
prostitution. 

•  child sexual abuse online (webcam abuse) 

The  use  of  information  technologies  make  possible  new  forms  of  sexual  abuse  and  this 
includes  those  situations  where  children  are  abused  and  their  images  are  transmitted  live 
online (usually via a webcam) to an audience, which sometimes dictates in real time how the 
abuse should be performed. To avoid the difficulties in applying existing criminal provisions 
to this new phenomenon, a new criminal offence should be introduced. 

•  non-punishment clause 

Sexually exploited children are often victims of trafficking, although this may be difficult to 
prove in particular cases, due to the different elements necessary to quality as trafficking in 
human beings, or where legislation adopts a narrow definition of trafficking. As a result, cases 

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that are brought to court may be tried under other, related legislation, such as laws on sexual 
exploitation and abuse, migration and asylum, or labour regulations. In consequence, and far 
too  often,  victims  of  trafficking,  including  children,  are  treated  as  illegal  migrants,  or  as 
individuals who are criminally complicit in their own exploitation. To prevent this, legislation 
should explicitly state that children victims of sexual exploitation should not be prosecuted, 
detained  or  punished  for  unlawful  activities  they  have  been  involved  in  as  a  direct 
consequence of being subjected to sexual exploitation. 

•  free legal counselling for child victims 

Effective access to court may necessitate the free assistance of a lawyer. This is particularly 
the  case  for  children  victims  of  sexual  abuse  and  sexual  exploitation,  where  special 
the  psychological 
circumstances  are  often  present: 
vulnerability  of  children,  or  the  risk  of  insufficient  capacity  of social  services  or  conflict  of 
interest with legal guardians. All this suggest that free legal counselling should be provided 
for children victims of sexual abuse and exploitation in all cases. 

the  complexity  of  proceedings, 

4.4. 

Policy option (4)  New  comprehensive  legislation  to  enhance  prosecution  of 
offenders, protection of victims and prevention of offences (as in Option 3) plus 
non-legislative measures (as in Option 2) 

Under this policy option, the existing provisions of Framework Decision 68/2004/JHA would 
be  supplemented  by  EU  action  introducing  legislative  amendments  to  substantive  criminal 
law  and  procedure,  protection  of  the  victims,  and  prevention  of  offences  mentioned  under 
Option  3.  In  addition,  action  would  be  undertaken  through  non-legislative  measures  in 
different  forms  (Council  conclusions,  voluntary  benchmarks,  exchange  of  information  and 
experience, coordination of national policies) identified under Option 2.to address a number 
of  elements  to  improve  implementation  of  national  legislation  in  criminal  matters  resulting 
from  the  amendments,  and  to  provide  for  tools  of  investigation,  prosecution,  protection  and 
prevention in sectors outside criminal law. 

5. 

ANALYSIS OF IMPACTS  

As  a  general  remark,  no  environmental  impacts  will  be  considered,  as  they  do  not  seem 
relevant to the action undertaken. 

Social impacts 

Any  measure  which  is  inefficient  in  fighting  crime  is  likely  to  produce  a  series  of  negative 
social  impacts  linked  to  the  crime  itself.  This  includes  damage  to  values  which  matter  to 
society,  undermining  trust  in  public  institutions  and  the  authority  of  the  State,  trauma  for 
victims, and widespread fear. In the case of child sexual abuse, these impacts are even more 
intense.  Sexual  abuse  and  exploitation  of  children  causes  deep  and  long-lasting  physical, 
psychological and social damage for the victim and people close to him or her. In the analysis 
that  follows,  we  will  refer  to  these  impacts  as  ‘the  negative  social  impact  of  child  sexual 
abuse and exploitation in general’ 

On the other hand, measures which improve efficiency in fighting crime are likely to produce 
positive  social  impacts,  such  as  an  increase  in  security  and  trust  in  authorities  and 
interpersonal  relations,  as  well  as  a  lesser  need  for  self-protecting  measures.  In  the  case  of 

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fighting  child  sexual  abuse  and  exploitation,  this  includes  more  harmonious  child 
development, and more stable family and social life. In the analysis that follows, we will refer 
to these impacts as ‘the positive social impact of fighting child sexual abuse and exploitation 
in general’.  

Economic impact 

In the same way, measures that are inefficient in fighting crime will produce a general pattern 
of negative economic impact. In the long term, this includes inefficient State intervention due 
to lack of trust in public authorities, inefficient use of resources due to individuals adopting 
self-protecting  measures,  decreased  productivity  linked  to  trauma  suffered  by  victims,  and 
unfair  distribution  of  wealth  as  criminals  profit  from  their  activities.  In  the  case  of  child 
sexual exploitation and abuse, this is exacerbated by the economic cost of the psychological 
distress  of  victims  and  their  increased  health  risks,  and  the  cost  of  processing  offenders 
through the criminal system. Scientific estimates of the economic cost of child sexual abuse 
crimes  range  between  EUR  100 000  and  EUR  250 00032  per  offence.  In  the  analysis  that 
follows, we will refer to these impacts as ‘the negative economic impact of child sexual abuse 
and exploitation in general’. 

By  contrast,  measures  which  improve  efficiency  in  fighting  crime  are  likely  to  produce  a 
general pattern of net positive economic impact. In the short term, there may be a moderate 
increase in administrative costs due to greater demands on the public system of criminal law 
(because  a  more  efficient  system  to  fight  crime  catches  and  processes  more  criminals), 
accompanied  by  a  corresponding  effect  on  the  wider  economy  that  must  pay  those  costs. 
However, in the medium and long term, there should be a substantial reduction in such costs 
(because a more efficient system to fight and prevent crime deters more criminals and their 
rehabilitation  leads  to  fewer  offences,  so  that  fewer  criminals  are  ‘processed’),  bearing  in 
mind that a baseline level of crime is probably unavoidable. At any rate, and especially in the 
case  of  crimes  as  serious  as  child  sexual  offences,  any  possible  short-term  increase  in 
administrative  expenditure is largely compensated by the  economic  benefits of  avoiding the 
economic  costs  of  such  offences  listed  above.  In  the  analysis  that  follows,  we  will  refer  to 
these impacts as ‘the positive economic impact of fighting child sexual abuse and exploitation 
in general’. 

Table of symbols (distinguishes ‘-’ for costs and ‘+’ benefits 

Small magnitude 

- / + 

Medium magnitude 

-- / ++ 

Significant magnitude--- / +++ 

No impact 

0 

32 

Calculations made on the basis of 1998 estimates based on the situation in Australia for reoffending in 
child  sexual  abuse  crime,  taking  account  of  victim-related  costs  (tangible:  direct  cost  per  victim  / 
intangible: economic value of pain and suffering) and offender-related costs (incarceration); taken from 
Shanahan,  M.,  and  Donato,  R.,  ‘Counting  the  cost:  estimating  the  economic  benefit  of  pedophile 
treatment programs’, in Child Abuse and Neglect, Vol. 25, Issue 4, 2001. 

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5.1. 

Policy option 1: no new EU action 

As  stated  above,  all  things  being  equal,  under  this  option  the  current  level  of  child  sexual 
abuse  and  exploitation  is  likely  to  remain  unchanged,  or  at  any  rate  there  is  no  radical 
decrease in the number of crimes committed. 

Member States can be expected to ratify the recent Council of Europe Convention CETS No. 
201  and  implement  its  provisions;  this  would  lead  to  significant  improvements  in  all  three 
areas  of  prosecution  of  offenders,  protection  of  the  victims  and  prevention  of  offences.  In 
principle,  Member  States  should  introduce  extensive  legislative  improvements  in  criminal 
law,  but  also  in  other  areas  of  the  legal  system;  and  they  would  put  in  place  the  necessary 
administrative capacity to implement it, involving different actors involved in child services. 

However,  due  to  the  length  of  ratification  periods  in  the  absence  of  an  EU  legally  binding 
framework,  benefits  arising  from  individual  ratification  by  Member  States  would  be 
fragmented over time, and less vigorous enforcement mechanisms would raise doubts about 
the quality of implementation, which is why its possible impacts are very difficult to assess. 

5.1.1.  Economic impact: 0 

Until  all  Member  States  have  signed  the  Convention,  put  in  place  the  necessary  legislation 
and  administrative  capacity  to  implement  it,  and  ratified  the  Convention,  current  levels  of 
offences  against  children  could  be  expected  to  persist.  This  would  result  in  a  negative 
economic impact of child sexual abuse and exploitation in general, representing an economic 
cost in itself, without any specific benefit. 

5.1.2. 

Social impact: 0 

Until  all  Member  States  have  signed  the  Convention,  put  in  place  the  necessary  legislation 
and  administrative  capacity  to  implement  it,  and  ratified  the  Convention,  current  levels  of 
offences against children could be expected to persist. This would result in a negative social 
impact of child sexual abuse and exploitation in general, representing a social cost in itself, 
without any specific benefit.  

5.1.3.  Fundamental rights impact: 0 

Until  all  Member  States  have  signed  the  Convention,  put  in  place  the  necessary  legislation 
and administrative capacity to implement it, and  ratified the Convention, there would be  no 
new  measures  which  could  raise  concerns  as  to  their  compatibility  with  fundamental  rights. 
At the same time, however, no higher level of child protection would be achieved. In the light 
of  Article  24  of  the  EU  Charter  and  children’s  right  to  protection,  this  situation  could  be 
considered as having a negative impact on fundamental rights. 

5.2. 

Policy option (2): Complement existing legislation with non-legislative measures 

Under  this  option,  existing  EU  legislation,  in  particular  Framework  Decision  68/2004/JHA 
would  not  be  amended,  and  Member  States  would  not  be  obliged  to  modify  their  criminal 
legislation  in  the  field  of  fight  against  child  sexual  abuse  and  exploitation.  Instead,  non-
legislative  mechanisms  would  be  used  to  coordinate  implementation  of  national  legislation 
through exchange of best practice mainly. 

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27 

   EN 

 
As stated above, the EU would deliberately not prescribe how to implement this, since each 
Member  State  would  need  to  select  the  most  appropriate  and  proportionate  approach  to 
implementation for its own particular situation. However the EU would provide examples of 
what  Member  States  have  done  by  way  of  best  practice,  in  prosecuting  certain  crimes, 
protecting victims or preventing offences (see section 4). 

For this reason, it  is  not possible  to  assess the impact of implementing these measures with 
any accuracy, although some benefits and potential costs can be broadly estimated (see table 
below). 

This option would improve the situation in certain areas where implementation is crucial and 
where  a  specific  legal  basis  at  national  level  is  not  essential.  This  is  the  case  for  measures 
aimed  at  improving  national  coordination  of  different  actors  involved  in  child  protection, 
interaction with the private sector, or awareness raising activities. In other sectors, though, the 
existing legal basis should at national level would determine the extent to which cooperation 
is possible, e.g. conducting enquiries involving more than one Member State (as is often the 
case in child pornography offences), improving protocols on the participation of child victims 
in  proceedings,  or  sharing  best  practice  in  designing  and  implementing  intervention 
programmes for offenders to curb reoffending. However, in other areas where new legislation 
is essential, the benefits would be modest. This applies to criminal prosecution and conviction 
for  conduct  involving  various  forms  of  child  abuse  and  exploitation  that  would  have  to  be 
explicitly covered by law (nulla poena sine lege, Article 7 of the ECHR, Article 49 of the EU 
Charter), and certain measures involving interference in fundamental rights, which also need 
to be taken ‘in accordance with the law’ (Articles 8 and 10 of the ECHR, and Article 52(1) of 
the EU Charter). 

As a result, the following impacts can be expected 

5.2.1.  Economic impact: 

•  financial cost: -  

•  economic benefit: + 

Improving national measures in place would bring about a certain positive economic impact of 
fighting  child  sexual  abuse  and  exploitation  in  general.  These  measures  may  lead  to  an 
improvement in the use of resources currently allocated by Member States, but not necessarily 
to allocating more resources to those activities. Where they decide to invest more resources 
(for example, setting up new intervention programmes for offenders), the investment could be 
expected  to  be  rather  limited  without  an  external  obligation  (e.g.  deriving  from  EU 
legislation). The financial burden would therefore be moderate. Some EU funding for certain 
activities may also be available under the existing financial programmes33. 

In  particular,  blocking  access  to  websites  containing  child  abuse  material  would  involve 
economic  costs.  The  economic  impact  of  a  similar  measure  to  restrict  access  to  material 
inciting  terrorism  was  assessed  in  revising  the  Council  Framework  Decision  on  Combating 

33 

Council Decision (2007/125/JHA) of 12 February 2007 establishing for the period 2007 to 2013, as part 
of General Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention of 
and Fight against Crime’, OJ L 58, 24.2.2007, p. 7. 

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28 

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Terrorism.34  As  the  impact  assessment  accompanying  the  Commission  proposal  stated,  the 
cost of imposing any of the different filtering methods to all internet service providers based 
in the EU is impossible to calculate. An upper limit of EUR 10 per computer is given on the 
basis  of  a  specific  example  of  implementing filtering  in  a  network  of  100 000  computers  at 
4 000 schools in Ireland. The cost of running a blacklist of illegal content may be borne by 
those  in  charge  of  it,  whether  law  enforcement  authorities  or  specific  NGOs.  This  can  be 
estimated  at  about  EUR 110 000  to  build  the  database  and  EUR 90 000  per  year  for 
maintenance. However, EU funding may be available for managing blacklists and exchanging 
information on illegal content35. 

These costs are mainly linked to the technology involved. The fact that the mechanisms is put 
in place on the basis of self-regulation by ISP encouraged by the Commission may not lead to 
a  significant  reduction  of  the  costs  compared  to  a  system  where  putting  in  place  such 
mechanisms at national level is brought about by a EU obligation on Member States to do so. 
The only difference in global cost may derive from the fact that in a self regulatory scheme 
only if costs are limited will ISP be ready to bear them on a voluntary basis. If they go beyond 
a  certain  threshold,  ISP  will  not  implement  the  system.  There  will  be  savings  in  the  same 
proportion as there will be a decrease in effectiveness. 

5.2.2. 

Social impact: 

•  social costs: 0 

•  social benefits: +  

There would be a modest improvement in the positive social impact of fighting child sexual 
abuse and exploitation in general, in particular due to less traumatic treatment of victims in 
proceedings  and  more  effective  intervention  programmes,  together  with  improvement  in 
cross-border prosecution as a result of coordination. 

No significant social costs have been identified. 

5.2.3.  Fundamental rights impact: 

•  risk of interference in fundamental rights: -  

•  improvement in the fundamental rights situation: +  

This  policy  option  would  mostly  not  entail  new  measures  which  could  raise  concerns  as  to 
their  compatibility  with  fundamental  rights,  only  improve  existing  measures  through  peer 
pressure  and  exchange  of  best  practice.  This  policy  option  would  include  only  two  specific 
measures which may raise concerns as to their compatibility with fundamental rights. 

34 
35 

Impact Assessment, footnote 32. 
In order to fight offences on the internet, including child pornography, the Commission has responded 
to the initiative of the French Presidency of the Council of the EU, and made available EUR 300 000 
under the ISEC programme for Europol to set up an alert platform where reports on illicit web content 
and other Internet-related crime committed in EU member states would be pooled for cross-checking. 
EU funding for hotlines to receive reports on illegal content is also available under the Safer Internet 
Programme. 

EN 

29 

   EN 

 
                                                 
One  is  the  exchange  of  experience  among  authorities  on  the  implementation  of  Council 
Decision 2008/615/JHA for DNA files opened and kept for the investigation of child sexual 
abuse  offences,  which  includes  storing  and  exchange  of  personal  data  for  the  purpose  of 
facilitating  criminal  investigation.  To  be  legitimate,  the  specific  mechanism  would  need  to 
comply  with  the  requirements  of  Article  8  ECHR  (Articles  7  and  8  of  the  EU  Charter), 
namely to be set up in accordance with the law, and be a necessary measure in a democratic 
society for the prevention of important public interests, such as combating child sexual abuse. 
In so far as the creation of the DNA files and the exchange of information would be subject to 
the  conditions  set  by  Framework  Decision  2008/615/JHA,  which  includes  strong  data 
protection  guarantees,  and  also  to  Member  States’  national  data  protection  legislation, 
appropriate  safeguards  are  provided  to  ensure  that  the  potential  restrictions  of  fundamental 
rights could be justified. However, to take account of the risk that any of these conditions may 
not  be  respected  in  practice,  and  given  the  sensitive  nature  of  such  data,  we  consider  this 
option to have a higher negative impact on fundamental rights. 

The  other  is  encouragement  of  self  regulation  by  ISPs  to  block  access  to  Internet  pages 
containing child pornography would involve interference in the right to freedom of expression 
in Article 10 ECHR (Article 11 of the EU Charter). In accordance with the ECHR, again, as 
interpreted  by  the  European  Court  of  Human  Rights  in  Strasbourg,  to  respect  fundamental 
rights  such  interference  needs  to  be  prescribed  by  law  and  be  necessary  in  a  democratic 
society  for  important  interests,  such  as  the  prevention  of  crime.  The  proportionality  of  the 
measure would be ensured, as the blocking would only apply to specific websites identified 
by  public  authorities  as  containing  such  material.  There  is  also  a  risk,  depending  on  the 
technology  used,  that  the  systems  in  place  may  occasionally  block  legitimate  content  too. 
More  problematic  may  be  the  compliance  with  the  requirement  that  the  interference  in  this 
fundamental  right  must  be  "prescribed  by  law",  which  implies  that  a  valid  legal  basis  in 
domestic  law  must  exist.  This  may  not  always  be  present  in  a  system  based  exclusively  on 
self-regulation,  and  therefore  this  measure  risks  to  amount  to  a  non  legitimate  interference 
with fundamental rights. 

In  general  terms,  through  the  elements  included  in  this  option,  the  level  of  child  protection 
would improve. 

5.2.4.  Relevance of the measures 

Measure 

Exchange  of  information  and  experience 
relating to prosecution of offences on: 

–  forms  of  abuse  which  are  difficult  to 

prosecute; 

–  new 

forms  of 
cyberspace and IT; 

abuse 

involving 

–  tackling sexual abuse and exploitation 
taking  place  outside  Member  States 
and  involving  nationals  or  permanent 
residents as offenders. 

Link 
objective  

to 

specific 

Cost  

A1, A2, A3, A4 

Unable to quantify 

As an example, the 
costs of projects on 
exchange of 
information and 
experiences trafficking 
in human beings and 
child sexual 
exploitation under the 
AGIS programme are 
around EUR 200 000 
on average, ranging 

EN 

30 

   EN 

 
Setting  up  joint  investigative  teams  and 
judicial  coordination  to  investigate  and 
prosecute 
cases 
involving a number of Member States. 

child  pornography 

A4 

of 

experience 

Exchange 
among 
authorities  on  the  implementation  of 
Council  Decision  2008/615/JHA 
for 
DNA  files  opened  and  kept  for  the 
investigation  of  child  sexual  abuse 
offences 

A4 

from EUR 50 000 to 
EUR 500 000 

Unable to quantify 

As an example, the 
costs of joint 
investigative teams 
having received EU 
funding range between 
around EUR 200 000 
and EUR 1 500 000 
depending on the 
length of the operation, 
complexity and 
number of countries 
involved 

No 
additional 
Member States 

significant 
for 
costs 

Exchange  of  information  and  experience 
relating  to  protection  of  the  victims,  in 
re-victimisation 
particular 
avoid 
in 
through 
investigations and judicial proceedings. 

participation 

to 
their 

B2 

Unable to quantify 

As an example, the 
costs of projects on 
exchange of 
information and 
experiences on 
trafficking in human 
beings and child sexual 
exploitation under the 
AGIS programme are 
around EUR 200 000 
on average, ranging 
from EUR 50 000 to 
EUR 500 000 

involved 

Ensuring  coordination  between  different 
actors 
in  child  protection 
(education  and  health,  social  services, 
law  enforcement  and  the  judiciary)  and 
setting  up  independent  institutions  to 
promote and protect children’s rights 

B1 

Unable to quantify 

Exchanging  information  and  experience  B1, B2 

Unable to quantify 

EN 

31 

   EN 

 
 
than 

on  measures  other 
criminal 
sanctions  to  protect  victims  in  the  best 
interests  of  the  child,  to  protect  their 
privacy,  and  to  ensure  short-,  medium- 
for  victims, 
and 
including through special funds using the 
proceeds of these offences 

long-term  support 

Exchange  of  information  and  experience 
on  preventing  offences,  in  particular  on 
intervention  programmes  and  measures 
and  alternative  sanctions  like  exclusion 
from  activities  involving  contact  with 
children. 

C1, C2 

Unable to quantify 

As an example, the 
costs of projects on 
exchange of 
information and 
experiences on 
trafficking in human 
beings and child sexual 
exploitation under the 
AGIS programme are 
around EUR 200 000 
on average, ranging 
from EUR 50 000 to 
EUR 500 000 

Depends 
implementation. 

on 

As a reference, CEPOL 
training  course  for  20 
law 
enforcement 
officials  on  trafficking 
in  human  beings  costs 
EUR 30 000-35 000 

raising 

Training  and  awareness 
for 
children  and  persons  having  regular 
contact  with  them,  so  that  they  know 
enough to recognise and to report sexual 
abuse, and for public officials to conduct 
proceedings in a child-friendly way. 

A2, B2 

the 

information 

Cooperating  with  the  private  sector,  in 
particular 
and 
communication  technology,  tourism  and 
travel,  banking  and  finance  industries, 
and  with  civil  society,  to  develop  and 
implement  policies  to  prevent  sexual 
exploitation and sexual abuse of children 

Encouraging  self-regulation  of  Internet 
Service  Providers 
to  cooperate  with 
public  authorities  and  block  access  to 
webpages  containing  or  disseminating 
child pornography 

up  mechanisms 

Setting 
data 
collection  or  focal  points  to  observe  and 
evaluate the phenomenon of child sexual 

for 

EN 

A2, A3, C3 

Unable to quantify 

C3 

D1 

32 

Unable to quantify 

Unable to quantify 

As an example, the 

   EN 

 
abuse and exploitation 

costs of the equivalent 
mechanisms in the 
field of fight against 
trafficking in human 
beings, where they 
exist, is as follows: 

Annual budget of the 
Dutch National 
Rapporteur: 

EUR 560 000; 

Annual budget of the 
'Centre pour l'égalité 
des chances' (BE): 

EUR 236 000s 

5.3. 

Policy option (3)  New legislation on prosecuting offenders, protecting victims, 
and preventing offences 

Under this policy option, Framework Decision 68/2004/JHA would be replaced by new EU 
legislation  amending  substantive  criminal  law  and  procedure  with  the  same  scope 
(prosecution  and  protection)  but  substantially  better.  In  addition,  legislative  amendments 
would be introduced to help prevent child sexual abuse and exploitation offences. 

Regarding prosecution, this option would approximate national criminal law to cover serious 
forms  of  child  sexual  abuse  and  exploitation  currently  not  covered  by  EU  legislation  and 
divergently regulated in Member States. It would also include conduct which has proliferated 
recently through the expansion of IT and the Internet, such as child grooming, webcam abuse 
and  web  viewing  of  child  abuse  images.  It  would  also  introduce  amendments  to  criminal 
procedure to remove  legal  obstacles  which enquiries and prosecutions face when the victim 
does not report the abuse, or when offenders travel abroad to profit from the vulnerability of 
children in other countries; and to ensure that legal proceedings are not a new source of harm 
for children. 

Regarding protection, this option would facilitate participation of victims in legal proceedings 
and reduce or eliminate the harm that they may suffer from participating in legal proceedings, 
whether  trauma  or  punishment  for  offences  they  may  be  charged  with  as  a  result  of  their 
exploitation. 

To prevent offences, this option would incorporate a series of measures focusing on child sex 
offenders. Risk assessments should be conducted for offenders, and they should be offered to 
participate on a voluntary basis in intervention programmes or measures. These may include 
various kinds of treatment, e.g. psychological, medical and social. They should be suited to 
the risks and circumstances of the offender, and give special consideration to children who are 
abusers.  They  should  be  voluntary,  and  open  to  people  who  fear  that  they  may  commit 
offences in future. Under these conditions, such programmes, where they exist, are known to 

EN 

33 

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effectively reduce the rates of recidivism. Various studies give different figures measuring the 
effectiveness of these programmes.36 

These measures would seek to effectively harmonise criminal law as CETS No. 201 aims to 
do. As stated in the explanatory report to the Convention37, harmonisation helps combat crime 
at national and international level for several reasons. Firstly, harmonising domestic law is a 
way of excluding a criminal preference for committing acts in a State which previously had 
more lenient rules. Secondly, it becomes possible to promote the exchange of useful common 
data  and  experience.  Shared  definitions  can  also  assist  research  and  promote  data 
comparability at national and regional level, thus making it easier to gain an overview. Lastly, 
international cooperation (in particular extradition and mutual legal assistance) is facilitated. 

Additional  measures  not  contained  in  the  Convention  would  further  improve  the  level  of 
protection beyond the Council of Europe standard. 

Setting up mechanisms to ensure that measures focusing on offenders and adopted to reduce 
the  risk  of  reoffending  (such  as  exclusion  from  certain  activities)  are  applied  consistently 
throughout  the  EU  would  make  tragedies  like  the  Fourniret  case  more  difficult  or  even 
impossible. 

Furthermore, Member States would ensure that websites containing child pornography are not 
accessible  from  the  EU  establishing  national  mechanisms  through,  for  instance,  legally 
binding measures or voluntary agreement with ISPs. It is recognised that different methods of 
filtering do not constitute a perfectly solid barrier, that dissemination of illegal content could 
only be hindered, not eliminated, and that distribution through other electronic means would 
persist.38 This tool may therefore not be appropriate in fighting material inciting terrorism as 
its effectiveness depends more on quality (reaching the right people) than quantity (reaching 
many people). However, in the case of child sex pornography, much of the dissemination is 
profit-driven39,  and  making  access  more  difficult  also  makes  it  a  less  profitable  business. 
Filtering  and  blocking  was  therefore  identified  by  various  stakeholders  as  a  necessary 
component of the fight against child sexual abuse and exploitation40. The difference with the 
encouragement  of  self-regulation  under  Option  2  would  be  that  under  the  present  Option 
Member States  should ensure a  broad  coverage of  the system. This  would not  exclude  self-
regulation  at  national  level,  but  does  not  exclude  that  Member  States  adopt  legally  binding 
measures where it may be necessary, thus ensuring a greater effectiveness of the mechanism. 

36 

37 
38 

39 

40 

A study reviewing the results of 32 studies on the effectiveness of programmes for offenders in all sorts 
of crime gives an overall reduction of 14% in recidivism for programme participants compared to those 
not participating (Joy Tong, L.S. and Farrington, D., ‘Effectiveness of ‘reasoning and rehabilitation’ in 
reducing  re-offending’,  Psychothema  2008,  Vol.  20,  No  1).  More  specifically  on  sexual  offences,  in 
some  Spanish  prisons  offering  psychological  treatment,  the  recidivism  rate  was  18.2%  in  the  control 
group  compared  with  4.1%  among  offenders  participating  in  the  programme  (Redondo  Illescas,  op. 
cit.). 
CETS 201, para. 112. 
Impact Assessment on the Commission Proposal for a revision of the Council Framework Decision of 
13 June 2002 on combating terrorism, 6.11.2007, SEC(2007) 1424. 
EUROPOL:  Trafficking  in  Human  Beings  and  Child  Sexual  Exploitation  Intelligence  Bulletin,  No  2, 
April 2008, pg. 15 ff. 
Council Decision 2000/375/JHA, Article 3(b); Europe and Central Asia Regional Preparatory Meeting 
for the World Congress III against Sexual Exploitation of Children and Adolescents, September 2008; 
information available at http://www.ecpat.net/WorldCongressIII/PDF/RegionalMTGs/EU_PR.pdf; 
Proposal for a European Parliament Recommendation to the Council on combating the sexual 
exploitation of children and child pornography, 2008/2144(INI). 

EN 

34 

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Other  provisions  to  be  introduced  were  identified  in  consultations  with  stakeholders  as 
necessary  to  go  beyond  the  level  of  protection  or  detail  contained  in  the  Convention,  e.g. 
criminalising coercing a child into sexual relations with a third party, not allowing Member 
States to make exceptions to the current Framework Decision on child pornography offences, 
addressing activities facilitating child pornography and child sex tourism, matching the level 
of penalties to the severity of the offences, criminalising child sexual abuse online (webcam 
abuse), a non-punishment clause for child victims, and to free legal counselling and free legal 
representation for child victims. 

Following  these  measures,  a  significant  improvement  is  likely  to  take  place  in  the  fight 
against  child  sexual  abuse  and  exploitation.  As  a  result,  the  following  impacts  can  be 
expected. 

5.3.1.  Economic impact 

•  financial cost: - -  

•  economic benefit: + + 

The significant improvement in prosecuting and protecting victims and, indirectly, preventing 
offences  through  deterrence  may  lead  to  a  significant  positive  economic  impact  of  fighting 
child sexual abuse and exploitation in general.  

In  general  terms,  the  measures  envisaged  here  would  lead  to  a  more  effective  criminal  law 
system. This means more police operations, more detentions, more judicial proceedings and 
more prison sentences. This would undoubtedly imply a higher financial burden for Member 
States.  These  costs,  however,  are  very  difficult  to  estimate.  On  the  other  hand,  economic 
benefits would derive from higher levels of security and less damage to victims and society. 
As it is normally preferable to live in a secure society than in a crime-ridden one, it can well 
be assumed that the economic benefits overweigh the costs. 

Based  on  these  considerations,  we  will  focus  the  analysis  only  on  some  of  the  measures 
envisaged  which  may  have  financial  costs  for  Member  States.  Based  on  fragmentary 
information collected from similar, existing mechanisms, these can be estimated as follows: 

•  Granting to free legal counselling and free legal representation to child victims: it has been 
particularly difficult to obtain information from by Member States to quantify the cost of 
this  measure.  Conditions  for  access  to  legal  aid  vary  considerably,  sometimes  covering 
only victims up to 16 years, or not distinguishing adults/children. Where data on fees exist, 
it may be dependent on other factors: the time consumed by a lawyer on this type of cases 
vary  depending  on  the  difficulty  (within/outside  the  family;  with/without  witnesses  or 
forensic  evidence;  with/without  need  to  prove  additional  circumstances;  only  in  first 
instance, or also in appeal), or the amount of compensation for damage awarded. Equally, 
the  number  of  victims  per  year  is  not  known.  There  is  lack  of  reliable  mechanisms  for 
collecting  data,  definitions  of  crimes  vary  (e.g.  "rape"  may  cover  both  child  and  adult 
victims), and there is no disaggregated data depending on the offence and the victim. We 
are  therefore  unable  to  quantify  this  cost.  It  is  clear,  though,  that  these  costs  would  be 
borne by Member States’ general system of free legal aid. 

•  Individual risk assessment for offenders: EUR 52 million for the whole EU per year, with 
Member States’ costs varying according to the level of prices and size, ranging from about 

EN 

35 

   EN 

 
EUR 9  million  in  the  UK  to  EUR 32 000  in  Malta.41  These  costs  would  be  borne  by 
Member State administrations (usually prison services) taking care of convicted offenders. 
Details on these estimates are included in the Annex. 

•  Offering  intervention  programmes  for  offenders  or  potential  offenders:  about  EUR 190 
million for the whole EU per year, with costs per Member States varying according to the 
level of prices and size, and ranging from EUR 32 million in the UK to EUR 125 000 in 
Malta.42  Scientific  literature  suggests,  however,  that  the  economic  benefits  of  preventing 
reoffending  largely  override  the  costs  of  carrying  out  such  programmes.43  These  costs 
would be borne by Member State administrations (usually prison services) taking care of 
convicted offenders. Details on these estimates are included in the Annex. 

•  Blocking  access  to  websites  containing  child  abuse  material:  as  explained  before  when 
speaking  about  this  measure  on  a  self-regulation  basis,  the  cost  of  imposing  any  of  the 
different filtering methods to all internet service providers based in the EU is impossible to 
calculate,  with  an  upper  limit  of  EUR  10  per  computer  is  given  on  the  basis  of  specific 
experience, and cost of running a blacklist of illegal content at about EUR 110 000 to build 
the  database  and  EUR 90 000  per  year  for  maintenance,  to  be  borne  by  law  enforcement 
authorities or specific NGOs. These unit costs, liked to putting in place the technology and 
organisation to run the system, are substantially the same for self-regulation exclusively or 
for  an  option  which  does  not  exclude  regulation.  The  difference  may  be  in  global  costs, 
deriving  from  the  fact  that  under  the  current  option  Member  States  would  be  obliged  to 
establish a national mechanism to block access (through self-regulation or through binding 
measures where necessary), and a larger extent of ISP involved and content blocked may 
be  ensured,  with  higher  costs  corresponding  to  higher  efficiency.  As  with  the  self-
regulatory  model  in  option  2,  EU  funding  may  be  available  for  managing  blacklists  and 
exchanging information on illegal content. 

5.3.2. 

Social impact 

•  social costs: - 

•  social benefits: + + 

There  would  be  a  significant  improvement  in  the  positive  social  impact  of  fighting  child 
sexual abuse and exploitation in general, as more cases of abuse would be punished in a more 
efficient way. Better protection of the victims would reduce their fear of reporting crimes and 
that would in turn make prosecution more effective. Indirectly, a more effective response by 
the criminal law system would be a stronger deterrent for certain offenders and prevent new 
abuse.  For  those  not  deterred,  intervention  programmes  matching  their  risk  would  reduce 
cases  of  reoffending,  and  measures  focusing  on  offenders,  such  as  prohibition  from  activity 
involving contact with children would limit opportunities for further abuse. 

41 

42 
43 

Calculations on the basis of 1) cost estimates for risk assessment and intervention programmes in some 
countries (UK, Sweden, Australia); 2) price level index weighing (source: European Commission); 3) 
mean  rate of persons  convicted of  rape  (European  Sourcebook of  Crime  and  Criminal  Justice, 2006); 
and 4) general and child population in Europe (Eurostat). 
See footnote 30. 
Shanahan and Donato, op. cit. 

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36 

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Limited social costs would derive from excluding dangerous offenders from work or activity 
in areas involving regular contact with children. 

5.3.3.  Fundamental rights impact: 

•  risk of interference in fundamental rights: -  

•  improvement in the fundamental rights situation: + + 

This policy option would entail measures which could raise concerns as to their compatibility 
with fundamental rights. 

Concerning the right to respect for private and family life (Article 8 ECHR, Articles 7 and 8 
of  the  EU  Charter),  criminalising  new  forms  of  internet  abuse  and  recognising  special 
investigative  techniques  would  lead  to  more  enquiries  into  electronic  communications, 
involving  disclosure  of  traffic  data  and  other  categories  of  personal  data.  Prohibition  from 
certain  activities,  or  monitoring,  and  the  exchange  of  information  to  ensure  implementation 
throughout  the  EU  could  also  amount  to  interference  with  this  right.  As  for  freedom  of 
expression (Article 10 ECHR, Article 11 of the EU Charter), more intense law enforcement 
against  publishing  and  disseminating  child  abuse  material,  advertising  child  pornography  or 
encouraging  child  sexual  abuse,  as  well  as  mechanisms  to  block  access  to  Internet  pages 
containing child pornography would involve interference in this right. 

In  accordance  with  the  ECHR,  as  interpreted  by  the  European  Court  of  Human  Rights  in 
Strasbourg, to respect fundamental rights such interference needs to be in accordance with the 
law and constitute a necessary measure in a democratic society for important interests, such as 
the prevention of crime. 

Such  measures  must  indeed  be  subject  to  law,  or  they  are  illegal.  Their  proportionality  is 
guaranteed by a series of safeguards, according to the measure: 

–  For  new  criminal  offences  and  special  investigation  techniques,  existing  law  on  criminal 
procedure should ensure that action is targeted and only taken upon well-founded suspicion 
of  crime,  through  procedures  involving  the  intervention  of  the  judiciary,  and  subject  to 
domestic data protection legislation.  

–  Prohibition  from  certain  activities  and  further  measures  focusing  on  offenders  who 
continue  to  be  dangerous  after  their  sentences  would  affect  only  those  offenders 
individually  assessed  as  posing  risks  after  release,  and  would  be  limited  to  restrictions 
considered essential. 

–  Ensuring  that  ISPs  block  access  to  websites  would  apply  where  the  specific  website  has 
been identified by public authorities as containing such material. However, there is also a 
risk, depending on the technology used, that the systems in place may occasionally block 
legitimate content too. 

Although  intervention  programmes  may  be  perceived  as  particularly  intrusive  for  offenders' 
rights,  access  to  intervention  programmes  would  not  entail  a  risk  of  interference  in 
fundamental rights, since as a matter of principle, participating in these programmes should be 
voluntary for the offender, who must be provided with full information and may refuse them. 
They should be designed to take account of the circumstances of offenders and their specific 
risk of re-offending, as determined by the risk assessment they should be subject to. 

EN 

37 

   EN 

 
These  measures  would  contribute  to  preventing  and  combating  child  sexual  abuse  and  its 
adverse  consequences.  Subject  to  the  principles  of  necessity  and  proportionality  and  the 
conditions outlined above, these are legitimate and important objectives which could justify 
limitations on the right to private and family life and freedom of expression. At the same time, 
this  policy  option  has  a  positive  impact  on  fundamental  rights,  as  it  aims  to  promote  and 
advance the right to protection of children as laid down in Article 24 of the EU Charter. 

5.3.4.  Relevance of the measures 

The  following  table  lists  the  specific  measures  proposed,  their  relevance  to  the  specific 
objectives and, where possible, the likely costs entailed. Unfortunately in some cases, details 
of costs of these provisions where they are already in force in some Member States have not 
been provided. 

Measure 

Link 
objective  

to 

specific 

Cost  

On substantive criminal law in general 

sexual 
engaging 
Criminalising 
activities  with  a  child  under  the  age  of 
sexual consent 

in 

sexual 
engaging 
Criminalising 
activities  with  a  child  where  abuse  is 
made 
particularly 
of 
vulnerable situation 

child’s 

the 

in 

A1 

A1 

Criminalising  coercing  a  child 
sexual relations with a third party 

into 

A1 

causing 
Criminalising 
children  to  witness  sexual  abuse  or 
activities 

intentionally 

Criminalising 
aggravating 
new 
circumstances:  particularly  vulnerable 
victim,  abuse  of  authority  or  influence; 
gang offence; recidivism 

the  definition  of 

Amending 
‘child 
pornography’  to  better  align  it  with 
international  instruments  (in  particular 
the  CoE  Convention)  and  to  cover  child 
sexual abuse or exploitation more widely 

all 

cases 

Criminalising 
child 
pornography offences, even where adults 
pose  as  children,  or  where  it  involves 
realistic images of a non-existent child 

of 

A1 

A1 

A1 

A1 

38 

EN 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

   EN 

 
 
 
knowingly 
Criminalising 
pornographic  performances 
children 

attending 
involving 

A1 

No direct cost 

A1 

No direct cost 

A1 

No direct cost 

Criminalising  the  attempt  to  commit 
child 
sexual  abuse  or  exploitation 
offences; inclusion of certain activities as 
aiding  and  abetting,  such  as  advertising 
child  pornography,  facilitating  travel  or 
arrangements  for  child  sex  tourism,  or 
abuse  or 
promoting 
through 
exploitation, 
internet fora; 

sexual 
example 

child 
for 

so 

trafficking, 

Increasing  the  level  of  penalties  and 
ensuring  consistency  with  the  rules  on 
child 
that  criminal 
sanctions are proportionate, effective and 
dissuasive,  and  that  investigation  and 
prosecution  of  these  offences  is  given 
appropriate 
national 
authorities. 

attention 

by 

On  new  criminal  offences  in  the  IT 
environment 

Criminalising 
children for sexual purposes) 

grooming 

(soliciting 

A1 

Criminalising  online  sexual  abuse  and 
exploitation by means of images without 
physical contact 

Criminalising intentionally viewing child 
pornography  without  downloading  or 
storing files 

A1 

A1 

On criminal investigation and initiation 
of proceedings 

recognising 

Explicitly 
special 
investigative techniques for investigating 
child  sexual  abuse  and  exploitation 
offences 

A2 

Extending  the  statute  of  limitations  for 
the  victim  in  all  child  sexual  abuse  and 
exploitation offences 

A2 

Ensuring  protection  from  liability  for 
professionals who may come into contact 

A2 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

No direct cost 

EN 

39 

   EN 

 
 
 
 
 
with  children  and  report  suspicion  of 
abuse 

On  prosecution  of  offences  committed 
abroad 

Establishing  Member  States’  jurisdiction 
in  all  cases  where  the  offender,  the 
person  for  whose  benefit  the  offence  is 
committed, or the victim is a national or 
a permanent resident, regardless of where 
the abuse takes place 

Explicitly  excluding 
the  prosecution 
requirement  in  some  national  legislation 
that the acts must be criminal offences in 
the  country  where  they  are  performed 
(‘dual criminality’) 

A3 

No direct cost 

A3 

No direct cost 

Explicitly  excluding  the  requirement  in 
some  national  legislation  that  the  victim 
file  a  complaint  or  that  the  State  where 
the offence took place bring charges 

A3 

On protection of victims 

victims 

Adoption  of  protection  measures  for 
a 
following 
child 
their 
multidisciplinary  assessment  of 
needs, 
the  best 
interests of the child in the first place 

into  account 

taking 

To  free  legal  counselling  and  free  legal 
representation for victims of exploitation 
who are party to criminal proceedings on 
these offences 

the 

Appointment  of  a  special  representative 
criminal 
of 
proceedings  in  the  event  of  a  conflict  of 
interest with the legal guardian 

child  victim 

in 

Specific  provisions  on  the  participation 
of  child  victims  in  investigations  and 
criminal  proceedings  to  prevent  trauma 
and re-victimisation 

B1 

B1 

B1 

B2 

Non-punishment 
non-detention 
provision for victims, for offences related 
to their exploitation 

and 

B2 

No direct cost 

Unable to quantify 

Unable to quantify 

Unable to quantify 

Unable to quantify 

No direct cost 

EN 

40 

   EN 

 
 
 
 
 
On prevention of offences 

Individual 
convicted child sex offender;; and  

risk  assessment  of  each 

C1, C2 

to 

Obligation 
intervention 
programmes  or  measures  accessible  to 
offenders on a voluntary basis 

offer 

Measures focusing on offenders (such as 
disqualification  arising  from  criminal 
convictions, prohibition from working or 
activity  with  minors)  as  appropriate  for 
offenders  whose 
assessment 
indicates that they are still dangerous 

risk 

Mechanisms  to  ensure  recognition  and 
implementation 
effective 
such 
of 
the  EU.  These 
throughout 
measures 
information 
require  efficient 
would 
exchange  between  the  Member  State  on 
the child sex offenders’ criminal records, 
including information on disqualification 
arising  from  criminal  convictions  and 
prohibition from working or activity with 
minors,  and  mutual 
In 
addition to the future EU instruments on 
exchange of criminal records, this would 
entail  making  certain  additions  to  those 
rules. 

recognition. 

52  Million  euro  per 
year  for  the  whole  EU 
for risk assessments 

190  Million  euro  for 
the  whole  EU  per  year 
intervention 
for 
programmes 
or 
measures 

No direct costs 

C2 

Not 
additional 
Member States 

significant 
for 
cost 

costs 

for 
system 

the 
The 
of 
general 
of 
exchange 
on 
information 
criminal  records  was 
considered 
already 
already 
the 
in 
Commission  Proposals 
for 
Framework 
Decision  (2005)  and 
Decision 
ECRIS 
(2008)  on  exchange  of 
criminal  records,  and 
would not be altered by 
the  measures  proposed 
under 
policy 
this 
option. 

a 

Obligation  on  Member  States  to  ensure 
that  domestic  Internet  service  providers 
block  access  from  the  Member  State’s 
territory to internet pages which national 
authorities 
identify  as  containing  or 
disseminating child pornography. 

C3 

Unable to quantify 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
5.4. 

Policy option (4)  New legislation on prosecuting offenders, protecting victims, 
and  preventing  offenders  (as  in  Option  3)  plus  non-legislative  measures  (as  in 
Option 2) 

Under  this  policy  option,  FD  68/2004  would  be  replaced  by  EU  legislation  introducing 
changes  to  substantive  criminal  law  and  procedure,  victim  protection,  and  prevention  of 
offences as under Option 3. In addition, ‘soft law’ measures listed under Option 2 would be 
taken to improve implementation of the resulting national criminal law and to provide tools 
for investigation, prosecution, protection and prevention. 

In  addition  to  the  benefits  of  option  3,  this  option  could  be  expected  to  bring  about  an 
improvement in the implementation and effectiveness of Member States’ legislation deriving 
from the measures identified under Option 2, and consistent compliance with their obligation 
under both EU and international law. The blocking of internet pages would be carried out in 
accordance with the system mentioned under Option 3, allowing for both for self regulation or 
a regulatory framework to be determined at national level. 

As a result, the following impacts can be expected. 

5.4.1.  Economic impact: 

•  financial cost: - -  

•  economic benefit: + + + 

There  would  be  a  very  substantial  improvement  in  the  positive  economic  impact  of  fighting 
child  sexual  abuse  and  exploitation  in  general,  as,  on  top  of  the  improvements  set  out  in 
option  3,  better  implementation  of  legislation  and  additional  tools  would  mean  less  crime, 
fewer victims, and better prosecution of existing cases. 

The financial costs for Member States and other actors, like Internet Service Providers, would 
be  those  analysed  under  Options  2  and  3.  The  main  items  would  be  the  blocking  access  to 
internet pages, free legal counselling and free legal representation for victims, individual risk 
assessments for offenders and intervention programmes for offenders. 

5.4.2. 

Social impact: 

•  social costs: - 

•  social benefits: + + + 

There would be a very substantial improvement in the positive social impact of fighting child 
sexual abuse and exploitation in general, as, on top of the improvement set out in option 3, 
better  implementation  and  additional  tools  would  make  prosecution,  victim  protection,  and 
prevention of this crime more effective. 

No additional social costs are identified compared with option 3. 

5.4.3.  Fundamental rights impact: 

•  risk of interference in fundamental rights: - - 

EN 

42 

   EN 

 
•  improvement in the fundamental rights situation: + + + 

Risk of interferences in fundamental rights would be involved in the exchange of DNA files, 
blocking  access  to  child  pornography  on  the  internet,  prohibitions  on  offenders  to  exercise 
certain activities, or  intervention  programmes  for  offenders.  Their  impact  has  been  assessed 
under Options 2 and 3. 

In general, legislation complemented by non legislative measures would contribute to better 
protection of children’s rights, and would therefore result in a significant positive impact on 
fundamental rights. 

5.4.4.  Relevance of the measures 

The  relevance  of  the  different  measures  is  reflected  in  the  tables  included  under 
options 2 and 3. 

6. 

COMPARING THE OPTIONS 

6.1. 

Summary table: costs and benefits 

Policy option 

Economic impact 

Social impact 

Fundamental rights 
impact 

Costs (-) / Benefits (+) 

0 

- / + 

0 

0 / + 

0 

- / + 

- - / + + 

- / + + 

- / + + 

- - / + + + 

- /+ + + 

- - / + + + 

Policy option (1): 
No new EU action 

Policy option (2): 
Complement existing 
legislation with non-
legislative measures 

Policy option (3): 
New comprehensive 
legislation on 
prosecuting 
offenders, protecting 
victims and 
preventing offences 

Policy option (4) 
New legislation on 
prosecuting 
offenders, protecting 
victims, and 
preventing offences 
(as in Option 3) plus 
non-legislative 
measures 

EN 

43 

   EN 

 
 
6.2. 

Advantages and drawbacks of the policy options 

Policy options 

Advantages 

Drawbacks 

States 

Problem  may  be  addressed  if 
Member 
the 
limited 
Convention  within  a 
it 
and 
period 
consistently 

implement 

ratify 

Weaknesses  of  current 
legal 
framework  and  implementation 
persist 

Uncertainty about the extent and 
timing  of  ratification  of 
the 
Convention  

EU  legislation  continues  to  be 
outdated 
the 
Council of Europe 

relation 

in 

to 

Improved 
national legislation 

implementation  of 

Weaknesses  of  current  EU  legal 
framework persist 

EU  legislation  continues  to  be 
outdated 
the 
Convention 

relation 

in 

to 

Risk  of  interference  in  privacy 
concerning 
storing  data  on 
offenders and blocking without a 
legal basis 

Economic cost of some measures 

Higher  risk  of  interference  in 
fundamental rights 

Involvement of civil society 

Improved national coordination 

Limited  costs 
Member States 

for  EU  and 

Legally  binding  rules  covering 
prosecution, 
and 
prevention,  mutually  reinforcing 
their effectiveness 

protection 

National  action  and  international 
cooperation  facilitated  in  cross-
border cases 

Ratification  of  the  Convention 
facilitated 

Those  of  policy  options  (2)  plus 
(3) 

Those  of  policy  options  (2)  plus 
(3) 

Policy option (1): 
No new EU action 

Policy option (2): 
Complement existing legislation 
with non-legislative measures 

Policy option (3): 
New legislation on prosecuting 
offenders, protecting victims, 
and preventing offences 

Policy option (4) 
New legislation on prosecuting 
offenders, protecting victims, 
and preventing offences (as in 
Option 3) plus non-legislative 
measures 

6.3. 

Comparison of the options 

Option 1 (status quo) may provide substantial improvement if Member States sign, ratify and 
implement  Convention  CETS  No.  201,  as  they  seem  willing  to  do.  However,  the  lengthy 
national  ratification  procedures  in  the  absence of  an  EU  legally  binding  framework  and  the 
lack  of  a  vigorous  monitoring  mechanism  make  uncertain  when  and  to  what  extent  the 
benefits of that Convention will put into practice. Option 2 would enhance the effectiveness in 
the implementation  of  the  existing  legal framework, but it would be insufficient to improve 
prosecution in a number of areas where a specific legal basis is required. 

EN 

44 

   EN 

 
 
Option 3 would improve matters in comparison to the current situation. It would strengthen 
legislation in the areas covered by the current EU legislation on prosecution of the offenders 
and protection of child victims. It would also address preventive measures, thus improving the 
protection of children in general. The financial cost is expected to be outweighed by the social 
and economic benefit of more efficient action against this crime. 

Option  4  would  multiply  the  effectiveness  of  the  measures  in  option  2  and  3  by  combining 
them and encouraging Member States to cooperate on setting up tools and acting to improve 
the implementation of the more comprehensive legal framework been put in place. 

Options 3 and 4 represent the best approach to the problems and achieve the objectives of the 
proposal. The preferred option would be option 4, followed by option 3. 

6.4. 

Added value of Option (4) 

6.4.1.  Compared with the current Framework Decision 

Option 4 shows the added value of a broader approach including criminal law and procedure 
on prosecution of offenders, victim support, and monitoring. In addition, the combination of 
legislative  and  non-legislative  instruments  enables  Member  States  to  better  achieve  the 
objectives,  since  the  obligation  to  establish  a  legal  framework  for  certain  measures  is 
complemented  by  guidance  based  on  best  practice  and  other  tools  to  improve  its 
implementation. In particular, the following new provision would be made in the act or in a 
non-legislative measure: 

6.4.2.  Prosecution of offenders 

–  criminalising  serious  forms  of  child  sexual  abuse  and  exploitation  currently  not 
covered by EU legislation, including new forms of sexual abuse and exploitation 
facilitated by the use of IT (legislation) 

–  introducing new provisions to facilitate investigation of offences and initiations of 

proceedings (legislation) 

–  training  and  awareness  raising  for  children  and  persons  in  regular  contact  with 
them, so that they know enough to recognise and to report sexual abuse, and for 
public officials to conduct proceedings in a child-friendly way (non-legislative) 

–  more  effective  prosecution  of  child  sexual  abusers  or  exploiters  from  the  EU 

committing their crimes in a third country (‘sex tourism’). (legislation) 

–  Exchanging  experience  among  authorities  on  the  implementation  of  Council 
Decision  2008/615/JHA  for  DNA  files  opened  and  kept  for  the  investigation  of 
child sexual abuse offences (non legislative). 

–  exchange  of  information  and  experience  with  prosecuting  offences:  on  forms  of 
abuse which are difficult to combat, new forms of abuse involving cyberspace and 
IT; combating sexual abuse and exploitation taking place outside Member States 
and involving nationals or permanent residents as offenders (non-legislative) 

EN 

45 

   EN 

 
–  setting  up  joint  investigative  teams  and  judicial  coordination  to  investigate  and 
prosecute  child  pornography  cases  involving  a  number  of  Member  States  (non-
legislative) 

6.4.3.  Protection of victims 

–  improvement of access to a legal remedy (legislation) 

–  protection  from  negative  consequences  of  involvement  in  proceedings,  such  as 

trauma or punishment (legislation)  

–  exchange  of  information  and  experience  on  measures  other  than  criminal 
sanctions  to  protect  victims  in  the  best  interests  of  the  child,  to  protect  their 
privacy,  and  to  ensure  short-,  medium-  and  long-term  support  for  victims, 
including  through  special  funds  using  the  proceeds  of  these  offences.  (non-
legislative) 

–  exchange  of  information  and  experience  on  protecting  victims,  in  particular  to 
avoid  re-victimisation  through  their  participation  in  investigations  and  judicial 
proceedings (non-legislative) 

6.4.4.  Prevention of offences 

–  individual risk assessment of the child sex offenders 

–  obligation  to  offer  intervention  programmes  or  measures  accessible  to  child  sex 

offenders on a voluntary basis 

–  measures  focusing  on  dangerous  offenders  adopted  to  diminish  the  risk  of 
reoffending  after  serving  the  sentence  (such  as  exclusion  from  certain  activities) 
(legislation) 

–  the establishment of mechanisms to ensure that measures adopted to diminish the 
risk  of  reoffending  after  serving  the  sentence  (such  as  exclusion  from  certain 
activities) are applied consistently throughout the EU (legislation) 

–  blocking  by  domestic  Internet  providers  of  access  from  the  Member  State’s 
territory  to  internet  pages  identified  as  containing  or  disseminating  child 
pornography (legislation)  

–  cooperation  with 

the  private  sector, 

information  and 
communication  technology,  tourism  and  travel,  banking  and  finance  industries, 
and  with  civil  society,  to  develop  and  implement  policies  to  prevent  sexual 
exploitation and sexual abuse of children. (non-legislative) 

in  particular 

the 

–  ensuring  coordination  between  different  actors  involved  in  child  protection 
(education  and  health,  social  services,  law  enforcement  and  the  judiciary)  and 
setting up independent institutions to promote and protect children’s rights (non-
legislative) 

–  exchange of information and experience on preventing offences, in particular on 
intervention programmes and measures and measures focusing on offenders (such 

EN 

46 

   EN 

 
as disqualification arising from criminal convictions, prohibition from working or 
activity with minors) (non-legislative) 

6.4.5.  Monitoring of the phenomenon 

–  setting up mechanisms for data collection or focal points to observe and evaluate 

the phenomenon of child sexual abuse and exploitation (non-legislative)  

6.4.6.  Compared to Council of Europe Convention CETS No 201 

Option (4) shows the following added value: 

–  the  establishment  of  mechanisms  to  ensure  that  measures  focusing  on  offenders 
adopted  to  diminish  the  risk  of  reoffending  after  serving  the  sentence  (such  as 
exclusion from certain activities) are applied consistently throughout the EU 

–  blocking  by  domestic  Internet  providers  of  access  from  the  Member  State’s 
territory  to  internet  pages  identified  as  containing  or  disseminating  child 
pornography (legislation)  

–  other  provisions  identified  in  consultations  with  stakeholders  as  necessary  to  go 
beyond the level of protection or detail contained in the Convention: criminalising 
coercing  a  child  into  sexual  relations  with  a  third  party,  removing  the  scope  for 
Member  States  to  make  exceptions  in  the  current  Framework  Decision  on  child 
pornography  offences,  addressing  activities  facilitating  child  pornography  and 
child sex tourism, matching the level of penalties to the severity of the offences, 
criminalising  child  sexual  abuse  online  (webcam  abuse),  and  introducing  a  non-
punishment clause and to free legal counselling and free legal representation for 
child victims. 

7. 

MONITORING AND EVALUATION 

The core indicators of progress towards meeting the objectives of the proposal could be listed 
as follows:  

Objective 

Indicator 

General Objective: 

To  prevent  and  combat  offences 
against  children, 
including  child 
sexual abuse and child exploitation 

Number  of  child  victims  of  sexual  exploitation  and 
abuse 

To 

A.1 
proportionate 
criminal penalties on offenders 

impose 
and 

effective, 
dissuasive 

Number  of  offenders  being  sentenced  for  different 
forms of child sexual abuse and exploitation crimes 

Severity of the penalties imposed 

List  of  behaviours  constituting  child  sexual  abuse  and 
exploitation where no sanctions are imposed 

EN 

47 

   EN 

 
A.2 To facilitate the investigation of 
offences  and 
the  conduction  of 
criminal proceedings 

Number of investigations opened and closed 

Number  of  criminal  proceedings  brought  and 
concluded with convictions 

A.3  To  effectively  prosecute  abuse 
or exploitation committed abroad 

Estimated  number  of  persons  travelling  abroad  who 
commit  child  sexual  abuse  and  exploitation  and  are 
identified/tracked 

Number  of  offenders  being  sentenced  for  different 
forms  of  child  sexual  abuse  and  exploitation  crimes 
committed abroad 

Severity  of  the  penalties  imposed  for  child  sexual 
abuse and exploitation committed abroad 

B.1  To  facilitate  access  by  victims 
to  legal  remedies  and  protection 
measures 

Number  of  children 
exploitation 

reporting  sexual  abuse  or 

B.2  To  ensure  that  victims  of  child 
sexual abuse and exploitation suffer 
in 
no  harm 
criminal 
and 
proceedings 

from  participating 

investigations 

access 

promote 

programmes 

to 
C.1  To 
intervention 
and 
measures  as  a  means  of  preventing 
repeat 
first-time  offences 
against children 

and 

Number of children participating in legal proceedings 

Number  of  child  victims  of  sexual  abuse  or 
exploitation  being  subject  to  sanctions  for  violations 
relating to their exploitation 

Qualitative  assessment  of  the  trauma  suffered  by 
children participating in legal proceedings  

Number  of  persons  without  a  criminal  record  of  child 
sexual  abuse  having 
intervention 
programme 

followed  an 

Recidivism rate for child sex offenders 

that  appropriate 
C.2  To  ensure 
measures  are  taken  with  regard  to 
child sex offenders who continue to 
be dangerous after their release, and 
that 
effectively 
are 
implemented throughout the EU. 

they 

%  of  offenders  having  undergone  a  risk  assessment 
before release 

Number of offenders being subject to special measures 
to  reduce  risks  of  re-offending  (exclusion  from 
activities, monitoring, etc) after release 

to  exchange 
Qualitative  auditing  of  mechanisms 
information  on  security  measures  among  Member 
States’ 
effective 
to 
implementation throughout the EU 

authorities, 

ensure 

and 

C.3 To technically prevent or make 
to  access  and 
more  difficult 
disseminate 
pornography, 
especially on the internet 

child 

Number of requests to access websites containing child 
sexual abuse materials blocked by ISP 

Number  of  websites  containing  child  sexual  abuse 
materials 

EN 

48 

   EN 

 
Number  of  files  on  the  internet  (video,  audio,  photo) 
containing child sexual abuse material 

To 

D.1 
harmonised 
create 
national mechanisms to measure the 
extent of such crime and to monitor 
the  effectiveness  of  policy  to  fight 
child sexual abuse and exploitation 

Availability of the indicators above 

Availability of other information 

The evaluation arrangements will rely on the willingness of stakeholders and Member States 
to  collect  and  share  this  data.  If  the  preferred  option  4  is  chosen,  systematic  data  could  be 
collected  at  Member  State  level  and  coordinated  by  the  mechanisms  for  data  collection  and 
focal points. 

EN 

49 

   EN 

 
ANNEX  

TABLE 1. 

ESTIMATION  OF  COSTS  OF  RISK  ASSESSMENTS  ON  CONVICTED  OFFENDERS 

(CFR SECTION 5.3.1) 

average 
number of 
offenders for 
sexual crimes 
(rape) per year 
(No./100.000 
inhabitants) 
(2) 

estimated 
number of 
offenders / 
year 
(3) 

Cost of 
risk 
assessmen
t per 
offender 
(4) 

Price 
index
(5) 

Costs 
weighted 

Average 
cost per 
offender 

Equivalent 
average 
cost per 
offender in 
each 
country 
(weighted) 

Total costs 
of risk 
assessment 
for estimated 
offenders in 
each country 

Country 

Population 
(1) 

EU 27 

497.481.657 

5,8 

28.854 

1.709 € 

52.321.276 € 

BE 

BU 

CZ 

DK 

DE 

EE 

GR 

ES 

FR 

IE 

IT 

CY 

LV 

LT 

LU 

HU 

MT 

NL 

AT 

PL 

PT 

10.666.866 

7.640.238 

10.381.130 

5.475.791 

82.221.808 

1.340.935 

11.214.992 

45.283.259 

63.753.140 

4.419.859 

59.618.114 

794.580 

2.270.894 

3.366.357 

483.799 

10.045.000 

410.584 

16.404.282 

8.331.930 

38.115.641 

10.617.575 

619 

443 

602 

318 

4.769 

78 

650 

2.626 

3.698 

256 

3.458 

46 

132 

195 

28 

583 

24 

951 

483 

2.211 

616 

100 

69,7 

81,2 

0 € 

1.709 € 

1.709 € 

1.057.570 € 

0 € 

1.709 € 

1.191 € 

527.973 € 

0 € 

1.709 € 

1.388 € 

835.743 € 

139,4 

0 € 

1.709 € 

2.383 € 

756.801 € 

99,3 

83,6 

95,3 

0 € 

1.709 € 

1.697 € 

8.094.842 € 

0 € 

1.709 € 

1.429 € 

111.144 € 

0 € 

1.709 € 

1.629 € 

1.059.654 € 

100,4 

0 € 

1.709 € 

1.716 € 

4.507.581 € 

117,4 

0 € 

1.709 € 

2.007 € 

7.420.648 € 

121,8 

0 € 

1.709 € 

2.082 € 

533.738 € 

110,6 

0 € 

1.709 € 

1.891 € 

6.537.406 € 

89,9 

83,6 

77,4 

100 

89,8 

84,8 

0 € 

1.709 € 

1.537 € 

70.822 € 

0 € 

1.709 € 

1.429 € 

188.224 € 

0 € 

1.709 € 

1.323 € 

258.329 € 

0 € 

1.709 € 

1.709 € 

47.966 € 

0 € 

1.709 € 

1.535 € 

894.331 € 

0 € 

1.709 € 

1.450 € 

34.520 € 

111,5 

0 € 

1.709 € 

1.906 € 

1.813.444 € 

107,8 

0 € 

1.709 € 

1.843 € 

890.505 € 

80,7 

92,2 

0 € 

1.709 € 

1.379 € 

3.049.642 € 

0 € 

1.709 € 

1.576 € 

970.573 € 

EN 

50 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
RO 

SI 

SK 

FI 

SE 

UK 

21.528.627 

2.025.866 

5.400.998 

5.300.484 

9.182.927 

1.249 

118 

313 

307 

78,8 

88,3 

81,3 

0 € 

1.709 € 

1.347 € 

1.681.956 € 

0 € 

1.709 € 

1.509 € 

177.355 € 

0 € 

1.709 € 

1.390 € 

435.348 € 

117,8 

0 € 

1.709 € 

2.014 € 

619.060 € 

533 

2.000 € 

117 

1.709 € 

1.709 € 

2.000 € 

1.065.220 € 

61.185.981 

3.549 

143,1 

0 € 

1.709 € 

2.446 € 

8.680.879 € 

Notes: 

(1) Source: Eurostat 

(2)  Source:  European  Sourcebook  of  Crime  and  Criminal  Justice  Statistics  –  2006.  Table 
1.2.2.6  –  Police  statistics:  Offenders  per  100.000  population  for  rape  (no  distinction  about 
sexual  offences  against  children  and  no  information  on  other  sexual  offences  is  available), 
2003 (latest year available), mean of European countries considered. The figure from police 
statistics (5,8) refers to information on offences recorded by the police. This figure has been 
preferred  to  the  lower  one  on  persons  convicted  (2,2;  table  3.2.1.6),  since  the  resulting 
estimated number of offenders per country appears more commensurate to fragmentary data 
on  convicted  child  sexual  abuse  offenders  provided  by  different  Member  States  for  recent 
years  (575  for  Belgium,  132  for  Cyprus,  203  for  Slovenia,  386  for  Sweden;  but  less 
commensurate for Cyprus: 12-13). Available at: 

http://www.europeansourcebook.org/esb3_Full.pdf 

(3) Results from multiplying (1)*(2)/100.000 

(4) Source: Response by the Swedish Government to the Commission 

(5) Source: European Commission 

TABLE 2. 

ESTIMATION  OF  COSTS  OF  INTERVENTION  PROGRAMMES  FOR  OFFENDERS 

(CFR SECTION 5.3.1) 

average 
number of 
offenders 
for sexual 
crimes 
(rape) per 
year 
(No./100.0
00 
inhabitants) 
(2) 

Country 

Population 
(1) 

Cost of 
interventio
n 
programm
es per 
offender 
(4) 

Price 
index 
weigh
ting 
(5) 

estimated 
number of 
offenders / 
year 
(3) 

Costs 
weighted 

Average 
cost per 
offender 

EU 27 

497.481.657 

5,8 

28.854 

6.213 € 

Equivalent 
average 
cost per 
offender in 
each 
country 
(weighted) 

Total costs 
of 
intervention 
programmes 
for estimated 
offenders in 
each country 

190.162.384 
€ 

BE 

10.666.866 

619 

100 

0 € 

6.213 € 

6.213 € 

3.843.751 € 

EN 

51 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
BU 

CZ 

DK 

DE 

EE 

GR 

ES 

FR 

IE 

IT 

CY 

LV 

LT 

LU 

HU 

MT 

NL 

AT 

PL 

PT 

RO 

SI 

SK 

FI 

SE 

UK 

7.640.238 

10.381.130 

5.475.791 

82.221.808 

1.340.935 

11.214.992 

45.283.259 

63.753.140 

4.419.859 

59.618.114 

794.580 

2.270.894 

3.366.357 

483.799 

10.045.000 

410.584 

16.404.282 

8.331.930 

38.115.641 

10.617.575 

21.528.627 

2.025.866 

5.400.998 

5.300.484 

9.182.927 

443 

602 

318 

4.769 

78 

650 

2.626 

3.698 

256 

3.458 

46 

132 

195 

28 

583 

24 

951 

483 

2.211 

616 

1.249 

118 

313 

307 

69,7 

81,2 

0 € 

6.213 € 

4.330 € 

1.918.925 € 

0 € 

6.213 € 

5.045 € 

3.037.520 € 

139,4 

0 € 

6.213 € 

8.661 € 

2.750.604 € 

99,3 

83,6 

95,3 

0 € 

6.213 € 

6.169 €  29.420.814 € 

0 € 

6.213 € 

5.194 € 

403.954 € 

0 € 

6.213 € 

5.921 € 

3.851.326 € 

100,4 

0 € 

6.213 € 

6.238 €  16.382.863 € 

117,4 

121,8 

0 € 

6.213 € 

7.294 €  26.970.444 € 

0 € 

6.213 € 

7.567 € 

1.939.877 € 

110,6 

0 € 

6.213 € 

6.871 €  23.760.292 € 

89,9 

83,6 

77,4 

100 

89,8 

84,8 

111,5 

107,8 

80,7 

92,2 

78,8 

88,3 

81,3 

0 € 

6.213 € 

5.585 € 

257.404 € 

0 € 

6.213 € 

5.194 € 

684.103 € 

0 € 

6.213 € 

4.809 € 

938.900 € 

0 € 

6.213 € 

6.213 € 

174.335 € 

0 € 

6.213 € 

5.579 € 

3.250.459 € 

0 € 

6.213 € 

5.268 € 

125.463 € 

0 € 

6.213 € 

6.927 € 

6.590.988 € 

0 € 

6.213 € 

6.697 € 

3.236.554 € 

0 € 

6.213 € 

5.014 €  11.083.966 € 

0 € 

6.213 € 

5.728 € 

3.527.562 € 

0 € 

6.213 € 

4.896 € 

6.113.093 € 

0 € 

6.213 € 

5.486 € 

644.599 € 

0 € 

6.213 € 

5.051 € 

1.582.279 € 

117,8 

0 € 

6.213 € 

7.319 € 

2.249.983 € 

533 

8.350 € 

117 

7.137 € 

6.213 € 

7.269 € 

3.871.555 € 

61.185.981 

3.549 

7.749 € 

143,1 

5.415 € 

6.213 € 

8.891 €  31.550.771 € 

AUS 

Notes: 

(1) Source: Eurostat 

6.829 € 

112,2 

6.087 € 

EN 

52 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
(2)  Source:  European  Sourcebook  of  Crime  and  Criminal  Justice  Statistics  –  2006.  Table 
1.2.2.6  –  Police  statistics:  Offenders  per  100.000  population  for  rape  (no  distinction  about 
sexual  offences  against  children  and  no  information  on  other  sexual  offences  is  available), 
2003 (latest year available), mean of European countries considered. The figure from police 
statistics (5,8) refers to information on offences recorded by the police. This figure has been 
preferred  to  the  lower  one  on  persons  convicted  (2,2;  table  3.2.1.6),  since  the  resulting 
estimated number of offenders per country appears more commensurate to fragmentary data 
on  convicted  child  sexual  abuse  offenders  provided  by  different  Member  States  for  recent 
years  (575  for  Belgium,  132  for  Cyprus,  203  for  Slovenia,  386  for  Sweden;  but  less 
commensurate for Cyprus: 12-13). Available at: 

http://www.europeansourcebook.org/esb3_Full.pdf 

(3) Results from multiplying (1)*(2)/100.000 

(4) Source: 

- Response by the Swedish Government to the Commission; 

-  Information  relating  to  the  Sex  Offender  Treatment  Programmes  (SOTP)  in  the  UK, 
available at: 

http://www.homeoffice.gov.uk/about-us/freedom-of-information/released-information/foi-
archive-offender-management/3400-sex-treatment-programme?view=Binary 

- Cost per treated offender in Australia in 1998 Australian Dollars, updated to 2008 prices in 
Euro.  Source:  Shanahan,  M.,  and  Donato,  R.,  ‘Counting  the  cost:  estimating  the  economic 
benefit of pedophile treatment programs’, in Child Abuse and Neglect, Vol. 25, Issue 4, 2001. 

(5) Source: European Commission 

EN 

53 

   EN