REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL assessing the extent to which the Member States have taken the necessary measures in order to comply with Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography
Date: 2016-12-16
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, application of EU law, child pornography, child protection, criminal proceedings, fight against crime, help for victims, paedophilia, sexual violence

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 16.12.2016  COM(2016) 871 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL assessing the extent to which the Member States have taken the necessary measures in order to comply with Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography   
 
 
Contents 

1. 

INTRODUCTION ....................................................................................................... 3 

1.1.  Objectives and scope of the Directive ............................................................... 3 
1.2.  Purpose and methodology of the report ............................................................. 5 

2.  TRANSPOSITION MEASURES ............................................................................... 7 

2.1. 

Investigation and prosecution of offences (Articles 2 to 9 and 11 to 17) .......... 7 
2.1.1.  Definitions (Article 2) ......................................................................... 7 
2.1.2.  Offences concerning sexual abuse (Article 3) ..................................... 7 
2.1.3.  Offences concerning sexual exploitation (Article 4) ........................... 8 
2.1.4.  Offences concerning child pornography (Article 5) ............................ 9 
2.1.5.  Solicitation of children for sexual purposes (Article 6) ...................... 9 
Incitement, aiding and abetting, and attempt (Article 7) ..................... 9 
2.1.6. 
2.1.7.  Consensual sexual activities (Article 8) ............................................ 10 
2.1.8.  Aggravating circumstances (Article 9) .............................................. 10 
2.1.9.  Seizure and confiscation (Article 11) ................................................ 11 
2.1.10.  Liability of legal persons (Article 12) ............................................... 11 
2.1.11.  Sanctions on legal persons (Article 13) ............................................. 12 
2.1.12.  Non-prosecution or non-application of penalties to the victim 

(Article 14) ........................................................................................ 12 
2.1.13.  Investigation and prosecution (Article 15) ........................................ 12 
2.1.14.  Reporting  suspicion  of  sexual  abuse  or  sexual  exploitation 

(Article 16) ........................................................................................ 13 
2.1.15.  Jurisdiction and coordination of prosecution (Article 17) ................. 13 
2.2.  Assistance to and protection of victims (Articles 18 to 20) ............................ 14 
2.2.1.  General  provisions  on  assistance,  support  and  protection 

measures for child victims (Article 18) ............................................. 14 
2.2.2.  Assistance and support to victims (Article 19) .................................. 15 
2.2.3.  Protection  of  child  victims  in  criminal  investigations  and 

proceedings (Article 20) .................................................................... 16 
2.3.  Prevention (Articles 10 and 21 to 25) .............................................................. 16 
2.3.1.  Disqualification arising from convictions (Article 10) ..................... 16 
2.3.2.  Measures  against  advertising  abuse  opportunities  and  child 

sex tourism (Article 21) ..................................................................... 17 
2.3.3.  Preventive intervention programmes or measures (Article 22) ......... 18 
2.3.4.  Prevention (Article 23) ...................................................................... 18 
Intervention programmes or measures on a voluntary basis in 
2.3.5. 
the course of or after criminal proceedings (Article 24) ................... 18 

2.3.6.  Measures  against  websites  containing  or  disseminating  child 

pornography (Article 25) ................................................................... 19 

3.  CONCLUSION AND NEXT STEPS ....................................................................... 20 

2 

 
 
 
1. 

INTRODUCTION 

Sexual  abuse  and  sexual  exploitation  of  children  are  particularly  serious  crimes.  They 
cause long-term physical, psychological and social harm to vulnerable victims who have 
rights to as well as needs for special protection and care. In addition, child sexual abuse 
material,  referred  to  in  legislation  as  'child  pornography',  represents  multiple  crimes 
against  each  victim.  First,  the  sexual  abuse  which  was  photographed  or  recorded. 
Thereafter,  every  time  the  images  and  videos  are  posted,  circulated  or  viewed,  a  gross 
violation of the child's privacy is committed. Trauma is added when the child knows that 
the images and videos are being circulated and friends or relatives may see them. 

To  fight  these  crimes  effectively  an  integrated  and  holistic  approach  is  needed, 
encompassing  investigation  and  prosecution of  crimes,  assistance  to  and  protection 
of victims, and prevention. 

1.1.  Objectives and scope of the Directive 

The  Directive  follows  the  holistic  approach  required  to  fight  these  crimes  effectively, 
incorporating in a comprehensive legal instrument provisions covering investigation and 
prosecution  of  offences  (Articles  2  to  9  and  11  to  17),  assistance  to  and  protection  of 
victims (Articles 18 to 20), and prevention (Articles 10 and 21 to 25).   

To effectively investigate and prosecute offences, the Directive notably includes: 

  Criminalisation of a wide range of situations of child sexual abuse and exploitation, 
online  and  offline  (20  different  offences,  Articles  2  to  7).  These  include  new 
phenomena such as online grooming (Article 6) and webcam sexual abuse and online 
viewing  of  child  abuse  images  without  downloading  them  (Article  5,  in  particular 
paragraph 3). 

 

Increased levels of penalties. The maximum penalties set by national legislation must 
not be lower than certain levels (ranging from 1 to 10 years in prison), depending on 
the  seriousness  of  the  offence  (Articles  3  to  6).  A  number  of  aggravating 
circumstances must also be taken into account (Article 9). 

  Extension  of  the  statute  of  limitations  after  the  victim  has  reached  age  of  majority 

(Article 15(2)). 

  Obligation to provide law enforcement and prosecution services with effective tools 
to  investigate  child  sexual  abuse,  child  sexual  exploitation  and  child  pornography 
offences,  such  as  those  used  to  investigate  organised  and  serious  crime  (Article 
15(3)).  Law  enforcement  must  also  be  put  in  a  position  to  identify  the  victims  of 
these offences (Article 15(4)). 

  Removal of obstacles (created by confidentiality rules) to reporting by professionals 

whose main duty involves working with children (Article 16). 

  Jurisdiction for cases perpetrated by offenders who are nationals of the investigating 
country, so that they can also be prosecuted in their country for crimes they commit 
in other Member States or third countries (Articles 17(1) to (3)). 

  Removal  of  conditions  of  dual  criminality  and  reporting  in  the  place  where  the 
offence was committed when prosecuting crimes committed in other Member States 
or third countries (Articles 17(4) and 17(5)). 

3 

 
With  regard  to  assistance  to  and  protection  of  child  victims,  the  Directive  notably 
includes provisions requiring: 

  Extensive assistance, support and protection measures, in particular to prevent child 
victims  from  suffering  additional  trauma  through  their  involvement  in  criminal 
investigations and proceedings, inter alia by setting specific standards for interviews 
with child victims (Articles 18 to 20). 

  Assistance and support as soon as there are reasonable grounds to suspect an offence 

(Article 18(2)). 

  Special protection for children reporting abuse within the family (Article 19(1)). 

  Assistance  and  support  not  conditional  on  cooperation  with  criminal  proceedings 

(Article 19(2)). 

  Protection of the victim's privacy, identity and image (Article 20(6)). 

Finally, to prevent these crimes, the Directive notably includes: 

  Mechanisms  to  enable  excluding  convicted  offenders  from  professional  activities 

involving direct and regular contact with children (Article 10(1)). 

  The right of employers to request information about convictions and disqualifications 
for professional or organised voluntary activities involving direct and regular contact 
with children (Article 10(2)). 

  Facilitation  of  the  exchange  of  information  between  national  criminal  registers 
(through  the  ECRIS1  system),  to  ensure  that  background  checks  by  employers  are 
complete  and  include  information  on  offences  committed  by  offenders  anywhere  in 
the EU (Article 10(3)). 

  A requirement that Member States make intervention programmes or measures such 
as treatment available to convicted offenders and others who fear they could offend 
(Articles 22 and 24). 

  An obligation on Member States to carry out prevention activities such as education, 

awareness raising and training of officials (Article 23). 

  Mandatory  assessment  for  all  convicted  offenders  of  the  danger  they  represent  and 

risk of recidivism (Article 24(4)). 

  An obligation on Member States to ensure prompt removal of webpages containing 
or disseminating child pornography in their territory and to work to obtain removal if 
hosted outside their territory (Article 25(1)). 

  An option for Member States to block access by users in their territory to webpages 
containing  or  disseminating  child  pornography  through  different  means,  including 
public action and self-regulation by the industry (Article 25(2)). 

1  European  Criminal  Records  Information  System,  regulated  by  Council  Framework  Decision 
2009/315/JHA  of  26 February  2009  on  the  organisation  and  content  of  the  exchange  of  information 
extracted from the criminal record between Member States, and Council Decision 2009/316/JHA of 6 April 
2009 on the establishment of the European Criminal Records Information System (ECRIS) in application 
of  Article  11  of  Framework  Decision  2009/315/JHA.  More  information  on  ECRIS  is  available  at 
http://ec.europa.eu/justice/criminal/european-e-justice/ecris/index_en.htm. 

4 

 
 
                                                 
1.2.  Purpose and methodology of the report  

Article  27  of  the  Directive  requires  Member  States2  to  bring  into  force  the  laws, 
regulations  and  administrative  provisions  necessary  to  comply  with  the  Directive  and 
communicate them to the Commission by 18 December 2013. 

This  report  responds  to  the  requirement  under  Article  28(1)  of  the  Directive  for  the 
Commission to report to the European Parliament and the Council assessing the extent to 
which the Member States have taken the necessary measures in order to comply with the 
Directive.3  The  report  aims  to  provide  a  concise  yet  informative  overview  of  the  main 
transposition measures taken by Member States.  

Member  States  have  faced  significant  challenges 
in 
implementing such a comprehensive and ambitious Directive, which:  

inherent 

transposing  and 

 

requires  the  adoption  of  legislation  in  many  different  areas,  including  substantive 
criminal  law  (e.g.  definitions  of  offences  and  the  level  of  penalties,  the  statute  of 
limitations  and  the  liability  of  legal  persons)  and  procedural  criminal  law  (e.g. 
extraterritorial jurisdiction, the participation of children in criminal proceedings, and 
legal representation); 

  entails  extensive  administrative  measures  to  complement  the  legislation  (e.g.  on 
access to information and the exchange of criminal records between Member States, 
training  of  the  police  and  judiciary,  and  rules  on  child  protection,  law  enforcement 
and prisons); and 

 

involves  multiple  actors,  not  only  within  the  authorities  of  a  Member  State  (i.e.  at 
different levels of government, such as national and regional), but also in cooperation 
with non-governmental organisations (e.g. to disrupt the distribution of child sexual 
abuse  material  through  hotlines  and  awareness  raising  campaigns),  internet  service 
providers  (e.g.  to  disrupt  the  distribution  of  child  sexual  abuse  material),  clinical 
psychologists (e.g. in intervention programmes for offenders), and others. 

Member  State  transposition  involves  collecting  information  on  the  relevant  legislation 
and administrative measures, analysing it, drafting new legislation or amending existing 
acts, seeing it through to adoption, and finally reporting to the Commission. 

On  the  basis  of  national  transposition  measures  officially  communicated  to  the 
Commission, the Directive has been transposed by means of more than 330 acts in force 
prior  to  the  Directive  and  by  around  300  new  acts  introduced  since  2012  across  all 
Member States.  

Member  States  sent  around  700  notifications  to  the  Commission.  70%  of  these  were 
received  after  the  transposition  deadline  of  18 December  2013.  The  content  covered 
legislation 
(new  and  amending  acts),  administrative  provisions  and  working 
arrangements. Often, they included entire criminal codes and amending acts. 

2 From this point onwards, ‘Member States’ or ‘all Member States’ refer to the Member States bound by 
the Directive (i.e. all EU Member States except Denmark). In accordance with Articles 1 and 2 of Protocol 
22 on the Position of Denmark, Denmark did not take part in the adoption of the Directive, nor does the 
Directive  apply  to  it.  However  Council  Framework  Decision  2004/68/JHA  continues  to  be  applicable  to 
and  binding  upon  Denmark.  In  accordance  with  Article  3  of  Protocol  21  on  the  position  of  the  United 
Kingdom and Ireland, both took part in the adoption of the Directive and are bound by it. 
3 In accordance with Article 28(2) of the Directive, the implementation of Article 25 on measures against 
websites containing or disseminating child pornography is assessed in a separate report (COM(2016) 872) 
published jointly with this one.  

5 

 
                                                 
By the transposition deadline, only 12 Member States had notified the Commission that 
they  had  completed  transposition  of  the  Directive.  The  Commission  therefore  opened 
infringement  proceedings  for  non-communication  of  national  transposition  measures 
against the others: BE, BG, IE, EL, ES, IT, CY, LT, HU, MT, NL, PT, RO, SI and the 
UK.4 All these infringement proceedings had been closed by 8 December 2016. The late 
adoption  and  notification  of  national  transposition  measures  delayed  the  Commission's 
analysis and publication of the transposition reports. 

The  description  and  analysis  in  this  report  are  based  on  the  information  that  Member 
States provided by 1 November 2016. Notifications received after that date have not been 
taken into account. Beyond the issues identified in this report, there may be both further 
challenges  in  transposition  and  other  provisions  not  reported  to  the  Commission  or 
further  legislative  and  non-legislative  developments.  Therefore,  this  report  does  not 
prevent the Commission from further evaluating some provisions, to continue supporting 
Member States in the transposition and implementation of the Directive. 

4 Member States in this document are abbreviated according to these rules: 
http://publications.europa.eu/code/en/en-370100.htm 

6 

 
                                                 
2.  TRANSPOSITION MEASURES 

2.1.  Investigation and prosecution of offences (Articles 2 to 9 and 11 to 17) 

2.1.1.  Definitions (Article 2) 
Article  2  lays  down  definitions  for  terms  used  throughout  the  Directive:  child,  age  of 
sexual  consent,  child  pornography,  child  prostitution,  pornographic  performance  and 
legal person.  

  All Member States except HU define a child as any person below age 18.  

  The age of sexual consent varies across Member States: 14 years (AT, BG, DE, EE, 
HU and PT), 15 years (CZ, FR, HR, PL, SE, SI and SK), 16 years (BE, ES, LT, 
LU,  LV,  NL  and  UK),  17  years  (CY  and  IE)  and  18  years  (MT).  FI,  IT  and  RO 
have different ages of sexual consent depending on the nature of the offence. In EL, 
the age of consent is different for consensual male homosexual activities (17 years), 
and consensual heterosexual activities and female homosexual activities (15 years). 

  BE, CY, EE, EL, ES, HR, IE, IT, LV, PT, RO, SE, SK and UK (Gibraltar) use 
the  term  'child  pornography'  in  their  legislation.  All  other  Member  States  use 
different terms, such as pornographic depictions (AT), pornographic material (BG), 
pornographic work (CZ), pornographic picture or depiction (FR), and others.  

  With regard to child prostitution, CY and SK have included an explicit definition in 
their transposing legislation which includes all elements of Article 2(d). On the other 
hand, in  AT, BG, CZ,  DE, EL, LT, LU, SE,  SI  and UK the transposition follows 
from  case  law  and  other  sources  in  conjunction  with  the  child  prostitution  offences 
(Articles 4(5) to 4(7)), whereas in the case of BE, EE, ES, FI, FR, HR, IT, MT, NL, 
PL, PT and RO it follows solely from the child prostitution offences.  

  An  explicit  definition  of  pornographic  performance  is  included  in  the  legislation  of 
AT,  BG,  CY,  EL,  HU,  IE,  RO,  SK  and  UK  (Gibraltar).  Other  Member  States 
transpose  Article  2  in  conjunction  with  the  offences  in  Articles  4(2)  to  4(4)  and  a 
direct reference to information and communication technology, or case law. 

  None  of  the  Member  States  include  states  or  public  bodies  in  the  exercise  of  state 
authority and public international organisations within the concept of a ‘legal person’.  

2.1.2.  Offences concerning sexual abuse (Article 3) 

Article 3 defines the intentional conduct which constitutes an offence concerning sexual 
abuse.  

  Most  Member  States  have  adopted  provisions  that  punish  causing,  for  sexual 
purposes,  a  child  who  has  not  reached  the  age  of  sexual  consent  to  witness  sexual 
activities (Article 3(2)) or sexual abuse (Article 3(3)), with the penalty levels required 
in the Directive. 

  CY, CZ, DE, EE, FR, IE, IT, LT, LV, MT, PL, SI and SK include offences which 
penalise engaging in any sexual act with a child under the age of sexual consent in a 
similar  manner  as  Article  3(4).  AT,  BE,  BG,  ES,  HR,  LU  RO,  PT  and  SE 
differentiate  between  sexual  acts  involving  penetration  and  those  involving  no 
penetration.  

7 

 
 
 
  With regard to engaging in sexual activities with a child in which abuse is made of a 
recognised position of trust, authority or influence (Article 3(5)(i)) or of a particularly 
vulnerable situation of the child (Article 3(5)(ii)), a majority of Member States have 
adopted legislation that does not seem to cover all these situations, or have adopted 
penalty levels that are too low.  

On  the  other  hand,  most  Member  States  have  adopted  legislation  that  penalises 
engaging  in  sexual  activities  with  a  child  where  use  is  made  of  coercion,  force  or 
threats,  with  the  level  of  penalties  required  by  the  Directive  (Article  3(5)(iii)). 
Whereas  CY,  DE,  LU  and  MT  mention  'coercion,  force  and  threat',  other  Member 
States refer to ‘violence and threat’ (CZ, EL, FI, FR, LT, LU, LV, NL, PT, SE and 
SK),  ‘force  and  threat’  (BE,  BG,  DE,  HR,  HU,  IT,  PL  and  SI),  ‘violence  and 
intimidation’ (ES), ‘against a child’s will’ (EE), ‘coercion by use of force’ (AT) and 
other terminology.  

 

In relation to coercing, forcing or threatening a child into sexual activities with a third 
party  (Article  3(6)),  CY,  DE,  FR,  LU,  MT,  NL  and  PT  explicitly  refer  in  their 
legislation to the commission of the offence with a third person, while AT, BG, CZ, 
ES, HU, IE, IT, LT, RO, SE and SI cover this implicitly or through the provision on 
rape, sexual assault or sexual abuse through coercion, force or threat.  

2.1.3.  Offences concerning sexual exploitation (Article 4) 

Article 4 defines the intentional conduct which constitutes an offence concerning sexual 
exploitation. 

  With  regard  to  causing  or  recruiting  a  child  to  participate  in  pornographic 
performances (Article 4(2)), AT, BG, CY, DE, EL, ES, IT, LT, MT, NL, RO, SK 
and  UK  (Gibraltar)  have  enacted  legislation  that  transposes  this  provision  of  the 
Directive. The information from the other Member States was not conclusive.  

  Under  Article 4(3), Member States  must  sanction the coercing  or  forcing a  child  to 
participate  in  pornographic  performances,  or  threatening  a  child  for  such  purposes. 
AT, BG, CY, DE, EL, ES, IE, IT, LT, MT, NL, SI, SK and UK (Gibraltar) have 
in place legislation that transposes this provision of the Directive. Member States use 
different wording in order to illustrate 'coercion, force and threat'. For example, BG, 
DE, HR, HU, IT, PL and SI refer to 'force and threat', BG to 'force, threat of serious 
harm',  EL  to  'coercion  or  violence  or  threat'  and  ES  to  'use  of  violence  or 
intimidation'.  

  Article 4(4) punishes knowingly attending pornographic performances involving the 
participation of a child. AT, BG, CY, DE, ES, FI, IE, IT, LT, MT, RO, SI, SK and 
UK  (Gibraltar)  have  in  place  legislation  that  transposes  this  provision  of  the 
Directive. The information from the other Member States was not conclusive. 

  Under  Article  4(5),  Member  States  shall  punish  causing  or  recruiting  a  child  to 
participate in child prostitution, or profiting from or otherwise exploiting a child for 
such purposes. BE, BG, CY, CZ, DE, EL, ES, FR, HR, IT, LT, LU, MT, NL, PT, 
RO, SE, SI, SK and UK have in place legislation that transposes this provision of the 
Directive. The information from the other Member States was not conclusive. 

  Article 4(6) punishes coercing or forcing a child into child prostitution, or threatening 
a child for such purposes. AT, BG, CY, CZ, DE, EE, EL, ES, FR, HR, IT, LT, LU, 
MT,  NL,  PT,  RO,  SI,  SK  and  UK  (Scotland)  have  in  place  legislation  that 

8 

 
    
transposes  this  provision  of  the  Directive.  The  information  from  the  other  Member 
States was not conclusive. 

  Article  4(7)  penalises  engaging  in  sexual  activities  with  a  child  where  recourse  is 
made  to  child  prostitution.  Most  Member  States  have  in  place  legislation  that 
transposes this provision. For HU, IE, LV, PL, PT, RO and SE the information was 
not conclusive. 

2.1.4.  Offences concerning child pornography (Article 5) 

Article  5  defines  the  intentional  conduct  which  constitutes  an  offence  concerning  child 
pornography. 

  Article  5(2)  punishes  the  acquisition  or  possession  of  child  pornography.  The 
information provided by most Member States was not conclusive, except in AT, BG, 
CY, ES, FI, FR, LT, MT, RO and SI.  

  Article 5(3) punishes knowingly obtaining access to child pornography by means of 
information  and  communication  technology.  Most  Member  States  transposed  the 
requirement  of  ‘knowingly  obtaining  access’,  despite  some  using  different 
terminology. For example, DE uses the term ‘undertaking to retrieve’ and HU refers 
to ‘obtaining and keeping’. 

  Article  5(4)  punishes  the  distribution,  dissemination  or  transmission  of  child 
pornography.  Most  Member  States  employ  different  terminology  when  referring  to 
‘distribution’,  ‘dissemination’  or  ‘transmission’  of  child  pornography.  For  example, 
the  term  ‘transmission’  has  been  interpreted  as  the  equivalent  of  ‘mediation’  (CZ), 
‘broadcasting’ (BG and DE), ‘spreading’ (IT) or ‘granting access’ (LT).    

  Article 5(5) penalises offering, supplying or making available child pornography. The 
majority of Member States use different terms to ‘offering’, ‘supplying’ and ‘making 
available’. For example, CZ uses the terms ‘import’, ‘selling’ or ‘provision in another 
manner’, instead of the term ‘supplying’, whereas SE uses a general term of ‘making 
[child pornography] available’. 

  Article  5(6)  penalises  the  production  of  child  pornography.  All  Member  States  use 
the  same  term  of  ‘production’  in  their  transposition,  except  FR  (‘setting  and 
recording’) and UK (‘taking’, ‘making’ and ‘permitting to take’). 

  Articles 5(7) and 5(8) are optional provisions concerning the applicability of Article 5 
to  specific  situations.  All  Member  States  except  AT,  DE,  ES,  SE  and  UK  (Article 
5(7)) and AT and DE (Article 5(8)) decided not to apply them.  

2.1.5.  Solicitation of children for sexual purposes (Article 6) 

Article  6  defines  the  intentional  conduct  which  constitutes  an  offence  concerning 
solicitation of children for sexual purposes.  

Most  Member  States  have  in  place  legislation  that  transposes  this  Article.  The 
information was not conclusive in CY, HR, HU, IE, LU, LV, PL, RO and UK (Article 
6(1)) nor in BE, CY, LV and PL (Article 6(2)).  

2.1.6.  Incitement, aiding and abetting, and attempt (Article 7) 

Article  7  requires  Member  States  to  punish  the  incitement,  aiding  and  abetting  and 
attempt to commit the offences contained in Articles 3 to 6.  

9 

 
 
  All Member States have taken measures transposing Article 7(1). 

  Article  7(2)  has  mostly  been  transposed  through  general  provisions  on  attempt, 
except  in  CY,  DE,  FI,  FR,  HR,  IE,  LU,  PT,  RO  and  SE,  which  have  introduced 
specific provisions punishing the attempt of the sexual offences listed in Article 7(2). 

2.1.7.  Consensual sexual activities (Article 8)  

Article 8 sets out three optional provisions concerning consensual sexual activities. CY 
and UK (England/Wales) chose to apply all three, whereas BE, BG, CZ, EE, IE, LU, 
LV, MT, NL, PL, SK chose to not apply any of them.  

  AT,  CY,  FI,  EL,  ES,  HR,  HU,  IT,  LT,  LV,  PT,  RO,  SE,  SI  and  UK 

(England/Wales and Northern Ireland) chose to apply Article 8(1).  

  CY, HR, SE and UK (England/Wales and Scotland) chose to apply Article 8(2). 

  AT, CY, DE, FI, HR and UK chose to apply Article 8(3). DE, FI and UK apply the 
option to both the possession and the production of child pornography, while FR only 
applies it to the production of child pornography. 

2.1.8.  Aggravating circumstances (Article 9) 

Article  9  defines  the  situations  that  may  be  regarded  as  aggravating  circumstances  in 
relation to the offences referred to in Articles 3 to 7. 

In  most  Member  States,  the  situations  of  application  of  aggravating  circumstances  are 
described in the law. That was not the case for some provisions of this Article in IE and 
the UK (England/Wales, Northern Ireland, and Scotland) where the courts have more 
discretion in taking into account aggravating circumstances when sentencing.   

  Article 9(a) refers to offences committed against a child in a particularly vulnerable 
situation,  a  situation  of  dependence  or  in  a  state  of  mental  or  physical  incapacity. 
Most Member States have in place legislation that transposes this provision. For BE, 
DE,  ES,  IE,  LU,  PL,  SI  and  UK  (England/Wales,  Scotland  and  Gibraltar)  the 
information was not conclusive. 

  Article 9(b) refers to offences committed by a member of the child’s family, a person 
cohabiting with the child or a person who has abused a recognised position of trust or 
authority.  Most  Member  States  have  in  place  legislation  that  transposes  this 
provision.  For  AT,  BE,  BG,  DE,  ES,  IE,  LT,  LU,  PL,  RO,  SI  and  UK 
(England/Wales, Scotland and Gibraltar) the information was not conclusive. 

  Under Article 9(c), if the offence was committed by several persons acting together, 
this  should  be  seen  as  an  aggravating  circumstance.  Whereas  CY,  HR  and  IT 
explicitly refer to ‘several persons’ acting together, other Member States use different 
terminology.  For  example,  BE  mentions  ‘one  or  more  persons’,  BG,  EL,  MT,  NL 
and PT, ‘two or more persons’, DE and SE ‘more than one person’.  

  Pursuant  to  Article  9(d),  an  offence  should  be  penalised  more  severely  if  it  was 
committed  within  the  framework  of  a  criminal  organisation.  Most  Member  States 
have in place legislation that transposes this provision, including the transposition of 
the definition ‘criminal organisation’, with MT making a direct reference to Council 
Framework  Decision  2008/841/JHA  of  24  October  2008  on  the  fight  against 
organised crime.  

10 

 
  Under Article 9(e), if the offender has previously been convicted of offences of the 
same nature, this should constitute an aggravating circumstance.  AT, BE, CZ, HR, 
IT,  LV,  PT  and  SK  foresee  a  general  aggravating  circumstance,  irrespective  of 
whether the subsequent offence is of a similar nature or not. On the other hand, the 
commission  of  an  offence  of  the  same  nature  is  required  in  BG,  CY,  EE,  ES,  FI, 
HU,  MT,  and  PL.  Separate  consideration  for  both  options  (similar  offences  and 
unrelated offences) is foreseen in FR and LT. 

  Article 9(f) foresees an aggravating circumstance when the offender has deliberately 
or  recklessly  endangered  the  life  of  the  child.  Most  Member  States  have  in  place 
legislation that transposes this provision. For BE, CZ, ES, FI, FR, IE, IT, LV, SK 
and UK the information was not conclusive. 

  Under  Article  9(g),  a  more  severe  penalty  should  be  considered  if  the  offence 
involved serious violence or caused serious harm to the child.  Most Member States 
have in place legislation that transposes this provision. For BG, ES, FI, IE, LT and 
UK (Scotland) the information was not conclusive. 

2.1.9.  Seizure and confiscation (Article 11) 

Under Article 11, Member States must ensure that their competent authorities are entitled 
to  seize  and  confiscate  instrumentalities  and  proceeds  from  the  offences  referred  to  in 
Articles 3, 4 and 5. 

Whereas some Member States (BG, CY, DE, HR, FR, IT, LU and SI) have introduced 
specific provisions dealing with seizure and confiscation in case of the offences referred 
to in Articles 3, 4 and 5, the rest of Member States rely on general rules on seizure and 
confiscation under criminal law, which apply to all criminal offences.  

The national  laws of all Member States address both the instrumentalities  used and the 
proceeds made from the crime.  

2.1.10. Liability of legal persons (Article 12) 

Article 12 requires Member States to ensure that legal persons may be held liable for any 
of the offences referred to in Articles 3 to 7.  

  With regard to Articles 12(1)(a) to (c), CY, LT and PL use the same or almost the 
same wording as the Directive, whereas the other Member States use different terms. 
For example, when transposing Article 12(1)(b), Member States refer to ‘managers’, 
‘directors’ or ‘board of directors’, instead of ‘an authority to take decisions on behalf 
of the legal person’. 

  The  liability  required  in  Article  12(2)  has  been  introduced  by  almost  all  Member 

States. For BG, CZ, IE, LU, NL and PT the information was not conclusive. 

  With  regard  to  Article  12(3),  all  Member  States  provide  for  the  possibility  of 
pursuing criminal proceedings against natural persons, who are perpetrators, inciters 
or  accessories,  simultaneously  to  the  enforcement  of  the  liability  of  legal  persons. 
However, the information provided by IE and PT was not conclusive on the offences 
covered.   

11 

 
2.1.11. Sanctions on legal persons (Article 13) 

Under  Article  13,  Member  States  shall  introduce  sanctions  for  the  legal  persons  held 
liable pursuant to Article 12(1) or (2) and can choose to impose the sanctions foreseen in 
Articles 13(1)(a) to (e).   

  With  regard  to  Article  13(1),  all  Member  States  have  introduced  administrative  or 
criminal penalties that are applicable to legal persons. Some Member States (BE, CZ, 
FR,  PL,  RO  and  SK)  have  also  chosen  to  introduce  the  additional  sanction  of 
publishing or displaying the decision/judgement in which the legal person was found 
guilty of the crime. Most Member States, with the exception of BG, DE, EE, FI, IE 
and  UK  (England/Wales,  Northern  Ireland  and  Gibraltar)  have  chosen  to 
transpose at least one of the options set out in Articles 13(1)(a) to (e).  

  Most Member States’ legislation does not contain provisions to specifically transpose 
Article 13(2),  but  imposes  the  same  sanctions  on  legal  persons  held  liable  under 
Article 12(2)  as  on  those  held  liable  under  Article 12(1).  Only  EL  introduced  a 
specific transposing measure and thus did not apply the same sanctions in both cases.  

2.1.12. Non-prosecution or non-application of penalties to the victim (Article 14) 

Article 14 requires Member States to take the measures needed to ensure that competent 
national authorities are entitled not to prosecute or impose penalties on child victims of 
sexual  abuse  and  sexual  exploitation  for  their involvement  in  criminal  activities,  which 
they have been compelled to commit as a direct consequence of being subjected to such 
crimes.  

Most Member States have in place legislation that transposes this provision. For ES, LU, 
MT, PL and SK the information was not conclusive. 

2.1.13. Investigation and prosecution (Article 15) 

Article  15  lays  down  measures  for  the  investigation  and  prosecution  of  the  offences 
referred to in Articles 3 to 7. 

  Under Article 15(1), Member States shall take the necessary measures to ensure that 
investigations into or the prosecution of the offences referred to in Articles 3 to 7 are 
not  dependent  on  a  report  or  accusation  being  made  by  the  victim  or  by  his  or  her 
representative,  and  that  criminal  proceedings  may  continue  even  if  that  person  has 
withdrawn his or her statements. Whereas the national laws of CY, NL, PL and PT 
explicitly follow the principle of Article 15(1), AT, BE, BG, CZ, DE, EE, EL, ES, 
FI,  FR,  HR,  HU,  IT,  LT,  LU,  LV,  MT,  RO,  SE,  SI  and  SK  transposed  this 
provision  by  means  of  general  rules  of  criminal  law  regulating  the  opening  of 
investigations  or  prosecutions.  In  the  UK  (England/Wales,  Northern  Ireland  and 
Scotland), prosecutors may initiate or continue criminal proceedings if they find that 
there  is  sufficient  evidence  to  provide  a  realistic  prospect  of  conviction  and  that 
prosecution is in the public interest. IE applies the same principle of public interest.  

  Article 15(2) requires that Member States make it possible to prosecute offences for a 
sufficient  period  of  time  after  the  victim  has  reached  the  age  of  majority.  AT,  BE, 
CY,  EE,  EL,  ES,  HR,  HU,  IE,  LV,  MT,  PL,  RO,  SE,  SI  and  UK  have  in  place 
legislation that transposes this provision. In BG, CZ, DE, FI, IT, LT, NL and SK, 
the  statute  of  limitations  for  some  offences  runs  from  the  date  the  offence  was 
committed. This means that child victims, in particular those abused at a very young 

12 

 
age, may not have enough time after they have reached the age of majority to obtain 
prosecution.     

  Under Article 15(3), Member States shall ensure that effective investigative tools are 
available for investigating and prosecuting offences. Whereas CY and EL explicitly 
reflect Article 15(3) in their legislation, most of the other Member States transpose it 
through a multiplicity of provisions from criminal procedural codes.  

  Article  15(4)  requires  Member  States  to  take  the  necessary  measures  to  enable 
investigative  units  or  services  to  attempt  to  identify  victims,  in  particular  by 
analysing  child  pornography  material.  Most  Member  States  have  in  place  measures 
that  transpose  this  provision.  For  BG,  CZ,  EE,  FR,  HU,  IE,  LT,  PT,  SK  and  UK 
(Gibraltar) the information provided was not conclusive. 

2.1.14. Reporting suspicion of sexual abuse or sexual exploitation (Article 16) 

Article  16  aims  at  guaranteeing  that  professionals  whose  main  duty  is  to  work  with 
children  can  report  offences  (Article  16(1))  and  that  any  person  who  knows  about  or 
suspects these offences are being committed is encouraged to report them (Article 16(2)).  

  With  regard 

to  Article  16(1), 

in  HR,  MT,  PT,  SI  and  UK 
legislation 
(England/Wales, Northern Ireland and Gibraltar) lays down a general obligation 
to  report  offences.  However,  the  legislation  of  most  Member  States  contains  a 
specific  provision  on  reporting  offences  in  order  to  protect  children  (AT,  BG,  CY, 
CZ,  DE,  EE,  EL,  ES,  FI,  HU,  IT,  LT,  LV,  NL,  RO  and  SE).  Additionally,  BG, 
CY, CZ, DE, EL, FI, HU, IT, LV, RO, SE, and SK provide for a specific obligation 
on  certain  professions  (such  as  teachers,  doctors,  psychologists,  nurses)  to  notify 
competent authorities. 

  Some  Member  States  (AT,  BE,  BG,  EL,  FI,  HR,  HU,  IT,  LU,  PL  and  SI)  have 
transposed  Article  16(2)  through  a  general  provision  obliging  or  encouraging  the 
reporting of offences and/or helping people in need. Other Member States (BG, CY, 
CZ, EE, ES, FR, HR, LT, LV, NL, PT, RO, SE and SK) have transposed it through 
a  more  specific  legal  provision,  making  it  obligatory  to  report  offences  against 
children.  UK  (England/Wales,  Northern  Ireland  and  Scotland)  uses  non-
legislative measures.  

People  are  encouraged  to  report  abuse  mainly  through  helplines/hotlines,  such  as 
Child Focus (telephone number 116000) in BE or Child Line (116111) in LT.  

2.1.15. Jurisdiction and coordination of prosecution (Article 17) 

Article  17  lays  down  rules  on  the  establishment  of  jurisdiction  by  Member  States  over 
the offences listed in the Directive.  

  Article 17(1) covers jurisdiction where the offence is committed in whole or in part 
within  a  Member  State’s  territory  or  the  offender  is  one  of  its  nationals.  Most 
Member States  have put in  place legislation that transposes this  provision. For  CY, 
IE, LV, NL, SI, PT and UK (Gibraltar) the information was not conclusive.  

  Under  Article 17(2), a Member State has  the option to  establish  further jurisdiction 
over  an  offence  committed  outside  its  territory.  For  example,  if  the  offence  is 
committed against one of its nationals or a person who is an habitual resident in its 
territory  (17(2)(a)),  the  offence  is  committed  for  the  benefit  of  a  legal  person 
established  in  its  territory  (17(2)(b)),  or  the  offender  is  an  habitual  resident  in  its 
territory  (17(2)(c)).  Most  Member  States  decided  to  apply  the  options  provided  for 

13 

 
under Article 17(2)(a) (AT, BE, BG, CZ, EE, EL, ES, FI, FR, HR, HU, IT, MT, 
NL, PL, PT, RO, SI and SK) and 17(2)(c) (AT, BE, ES, FI, FR, HR, IE, LT, LU, 
LV,  MT,  NL,  PT,  RO,  SE  and  SK),  whereas  fewer  of  them  decided  to  apply  the 
options under Article 17(2)(b) (CY, CZ, ES, HR, IT, LV, MT, PL, PT, RO and SI). 

is  committed  by  means  of 

  Article  17(3)  requires  Member  States  to  ensure  that  their  jurisdiction  includes 
situations  where  an  offence 
information  and 
communication technology accessed from their territory, whether or not it is based on 
their territory. Whereas CY, EL, MT and PT have a specific provision which follows 
the wording of the Directive and refers directly to offences committed by means of 
information and communication technology, AT, BE, BG, DE, EE, ES, FI, FR, HR, 
HU,  IE,  IT,  LT,  RO,  SI,  SK  and  UK  use  a  general  provision  establishing 
jurisdiction over crimes committed on their territories.  

  Article 17(4) prohibits the establishment of the double criminality requirement for the 
prosecution  of  offences  committed  outside  the  territory  of  the  Member  State 
concerned, when the offender is one of its nationals. BG, CZ, HU, IT, LV, MT, SK 
and UK (England/Wales and Northern Ireland) do not provide for the requirement 
of  double  criminality  when  establishing  their  jurisdiction  over  an  offence.  Despite 
having a double criminality clause, AT, BE, DE, EE, EL, ES, FI, FR, HR, LT, LU, 
NL  and  SE  provide  for  specific  exceptions  for  all  offences  referred  to  in  Article 
17(4). 

  Under  Article  17(5),  Member  States  shall  ensure  that  their  jurisdiction  is  not 
subordinated  to  the  condition  that  the  prosecution  can  only  be  initiated  following  a 
report  made  by  the  victim  in  the  place  where  the  offence  was  committed,  or  a 
denunciation  from  the  State  of  the  place  where  the  offence  was  committed.  Most 
Member States have in place legislation that transposes this provision. For LU and SI 
the information provided was not conclusive.  

2.2.  Assistance to and protection of victims (Articles 18 to 20) 

2.2.1.  General  provisions  on  assistance,  support  and  protection  measures  for  child 

victims (Article 18) 

Article 18 lays down general provisions on assistance, support and protection measures 
for child victims: 

  Under  Article  18(1),  child  victims  shall  be  provided  with  assistance,  support  and 
protection  taking  into  account  the  best  interests  of  the  child.  Most  Member  States 
have in place legislation that transposes this provision. The information provided by 
BE, DE, LV and SI was not conclusive. 

  Article 18(2) obliges Member States to take the necessary measures to ensure that a 
child  is  provided  with  assistance  and  support  as  soon  as  the  competent  authorities 
have a reasonable-grounds indication that the child might be a victim. About half of 
the Member States have in place measures that transpose this provision. For AT, BE, 
BG,  DE,  EL,  ES,  FR,  IT,  LU,  NL,  PL,  SI  and  UK  (England/Wales,  Northern 
Ireland and Scotland) the information was not conclusive.  

  Article  18(3)  requires  Member  States  to  ensure,  when  the  age  of  the  person  is 
uncertain  and  there  are  reasons  to  believe  that  he/she  is  a  child,  that  the  person  is 
presumed to be a child in order to receive immediate access to assistance, support and 
protection.  Whereas  the  wording  of  the  legislation  in  BG,  CY,  EL  and  LT 
transposing this provision is very similar to the Directive, the legislation in EE, ES, 
HR, LV, MT, PT, RO and UK (England/Wales and Gibraltar) contains a general 
14 

 
presumption of minority in favour of the victim until the contrary is proved. For AT, 
BE,  CZ,  DE,  FI,  FR,  HU,  IE,  IT,  LU,  PL,  SE,  SI,  SK  and  UK  (Scotland)  the 
information was not conclusive.  

2.2.2.  Assistance and support to victims (Article 19) 

Article 19 lays down general provisions on assistance, support and protection measures 
for child victims and their families.  

  Under  Article  19(1),  Member  States  shall  ensure  that  assistance  and  support  are 
provided  to  victims  before,  during  and  for  an  appropriate  period  of  time  after  the 
conclusion of criminal proceedings, in particular ensuring the protection of children 
who  report  cases  of  abuse  within  their  family.  Most  Member  States  have  in  place 
legislation that transposes this provision. The information provided by DE, HU, IE, 
IT, LV, PL, RO, SI and SK was not conclusive.  

  Article 19(2) requires Member States to ensure that assistance and support for a child 
victim  are  not  made  conditional  on  the  child’s  willingness  to  cooperate  in  the 
criminal investigation, prosecution or trial. Whereas the legislation in CY, EL, MT 
and UK (England/Wales and Gibraltar) uses very similar wording to the Directive, 
most Member States (AT, BE, BG, CZ, EE, ES, FI, FR, HR, HU, IE, IT, LT, LU, 
LV,  NL,  PL,  PT,  RO,  SE,  SK  and  UK  (Northern  Ireland  and  Scotland))  used  a 
variety of provisions on assistance and support. The information provided by DE and 
SI was not conclusive. 

  Under Article 19(3), Member States shall ensure that assistance and support to child 
victims are provided following an individual assessment of the special circumstances 
of each victim, and taking due account of the child’s views, needs and concerns. Most 
Member  States  have  introduced  measures  that  transpose  this  provision.5  The 
information provided by DE, EL, IT, LT, LU, LV, NL, PL, SI and UK (Scotland) 
was not conclusive.  

  Under  Article  19(4),  child  victims  of  sexual  offences  are  considered  as  particularly 
vulnerable victims pursuant Framework Decision 2001/220/JHA, replaced since 2012 
by  the  Victims'  Rights  Directive.6  Most  Member  States  have  taken  measures  that 
transpose  this  provision.  The  information  provided  by  DE,  EL,  IE,  IT,  SI  and  UK 
(Scotland) was not conclusive.  

The  recognition  of  children  as  particularly  vulnerable  victims  is  foreseen  through 
special  assistance  and  protection  measures  (except  for  UK  (Gibraltar)  that 
transposed literally). These measures ensure that child victims are entitled to testify in 
a  manner  that  shields  them  from  giving  evidence  in  open  court  and  that  they  are 
handled only by people that have been specially trained for this purpose.  

  Article  19(5)  requires  Member  States,  where  appropriate  and  possible,  to  provide 
assistance  and  support  to  the  family  of  the  child  victim  when  the  family  is  in  their 
territory.  AT, BE,  BG, CY, EE, FI, HR, IE, LT, MT, NL,  PT, SK  and  UK have 

5  For  example,  the  assessment  may  encompass  the  evaluation  of  the  child  victim’s  situation  based  on 
information collected by the family, the child, the school, nursery, relatives or other authorities, the child’s 
development  and  satisfaction  of  needs,  parental  capacity,  the  social  environment  of  the  child  and  the 
family,  the  child’s  views  and  wishes,  and  the  child’s  age,  health  condition,  intellectual  maturity  and 
cultural identity. 
6  Council  Framework  Decision  2011/220/JHA  of  15  March  2001  on  the  standing  of  victims  in  criminal 
proceedings, replaced by Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the 
rights, support and protection of victims of crime. 

15 

 
                                                 
taken measures to transpose this provision, whereas in the other Member States the 
information provided was not conclusive.  

2.2.3.  Protection  of  child  victims  in  criminal  investigations  and  proceedings  (Article 

20) 

Article  20  lays  down  requirements  for  Member  States  concerning  the  protection  of 
victims in criminal investigations and proceedings. 

  The majority of Member States (BG, CY, CZ, DE, EE, EL, ES, FR, FI, HR, HU, 
IE, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK and UK (Gibraltar)) have 
taken  measures  to  ensure  that  in  criminal  investigations  and  proceedings  the 
competent  authorities  appoint  a  special  representative  for  the  child  victim,  in 
accordance  with  Article  20(1).  The  information  provided  by  AT,  BE  and  UK 
(Northern Ireland, Scotland and England/Wales) was not conclusive.  

  Under  Article  20(2),  Member  States  shall  ensure  that  child  victims  have  access  to 
legal counselling and legal representation, which must be free of charge if the victim 
does  not  have  sufficient  financial  resources.  Most  Member  States  have  in  place 
legislation that transposes this provision. For AT, CZ, DE, EE, IE, LT, PL, RO and 
UK  (England/Wales,  Scotland  and  Northern  Ireland)  the  information  provided 
was not conclusive.  

  Article 20(3) describes a series of requirements to take into account when conducting 
criminal  investigations  involving  child  victims,  and  in  particular  during  interviews. 
Whereas  EL,  HR,  LT,  MT,  PT,  RO,  SE  and  UK  (England/Wales,  Northern 
Ireland and Gibraltar) have put in place the necessary measures to transpose Article 
20(3), the information provided by the other Member States was not conclusive.  

  Most  of  the  Member  States  have  taken  measures  to  ensure  that  interviews  with  the 
child victim or child witness are audio-visually recorded and can be used as evidence 
in  criminal  court  proceedings,  in  accordance  with  Article  20(4).  The  information 
provided by AT, FI, IE, MT and PL was not conclusive.  

  Article 20(5) requires Member States to put in place measures to ensure that it may 
be ordered that the hearing take place without the presence of the public or without 
the  presence  of  the  child.  Most  Member  States  transposed  this  Article  although  the 
information provided by BE, FI, PL and UK (Scotland) was not conclusive.  

 

In accordance with Article 20(6), most Member States have taken measures to protect 
the  privacy,  identity  and  image  of  child  victims,  and  to  prevent  the  public 
dissemination  of  any  information  that  could  lead  to  their  identification.  The 
information provided by BE, DE, PL, PT and SI was not conclusive.  

2.3.  Prevention (Articles 10 and 21 to 25) 

2.3.1.  Disqualification arising from convictions (Article 10) 

Article 10 addresses the prevention of offences against children through disqualification 
arising from convictions.  

  Article 10(1) requires Member States to put in place measures to ensure that a natural 
person  who  has  been  convicted  of  child  sex  offences  may  be  temporarily  or 
permanently prevented from exercising at least professional activities involving direct 
and regular contact with children. Some Member States (BE, BG, EL, ES, LT, PT 
and  RO)  opted  for  temporary  disqualification,  whereas  LU  and  SK  opted  for 

16 

 
permanent disqualification. In DE, FR, HR, HU, IE, MT and UK (England/Wales, 
the  permanent 
Northern  Ireland  and  Scotland),  both 
disqualifications are possible. On the other hand, it is not evident from the legislation 
of CY, EE, FI, LV and NL whether such disqualification is permanent or temporary. 
SE transposes this Article through systematic background checks for work involving 
contact with children rather than through a specific provision for disqualification.  

temporary  and 

the 

The  information  provided  by  AT,  CZ,  IT,  PL,  SI  and  UK  (Gibraltar)  was  not 
conclusive.  

to  request 

  Under  Article  10(2),  Member  States  shall  put  in  place  measures  to  ensure  that 
employers  are  entitled 
information  on  criminal  convictions  or 
disqualifications  when  recruiting  for  professional  or  voluntary  activities.  Most 
Member States have transposed this provision. The information can be obtained, for 
example,  by  requiring  the  submission  of  the  person’s  criminal  record  (BE,  ES,  FI, 
HR, HU, IE, IT, LU, MT, NL, PT, RO, SE, SK and UK), the convict register (LT), 
the  punishment  register  (LV),  the  record  of  good  conduct  (DE),  the  police  record 
(CY), the record containing criminal punishment data (EE) or the automated national 
file of sexual or violent offences authors (FR).  

  With regard to Article 10(3), most Member States have transposed the requirement to 
transmit the information on criminal convictions and disqualifications in accordance 
with the procedures set out in Framework Decision 2009/315/JHA on the exchange 
of criminal records information.7 However, a few Member States still do not seem to 
ensure that information is transmitted if other Member States request information on 
previous criminal convictions. In some cases, they do not make it a legal obligation to 
send that information (BE, CZ, IE, LV, MT and SE). In other cases, they go beyond 
the requirement of the Directive that the person concerned (a national from Member 
State A) must consent to the issuing of the criminal certificate by the country where 
he  intends  to  work  or  volunteer  (Member  State  B),  by  specifically  requiring  an 
additional consent from the person concerned for the information on the conviction to 
be sent from Member State A to Member State B (FI, LU and UK (England/Wales, 
Northern Ireland and Scotland)).  

2.3.2.  Measures against advertising abuse opportunities and child sex tourism (Article 

21) 

Article  21  provides  for  the  adoption  of  preventive/prohibitive  measures  against 
advertising abuse opportunities and child sex tourism. 

  Article  21(a)  concerns  the  prohibition/prevention  of  the  dissemination  of  material 
advertising the opportunity to commit child sexual offences. Whereas AT, BE, CY, 
EE,  EL,  IT,  LV,  MT  and  SK  have  in  place  a  criminal  offence  penalising  the 
advertising  specified  in  Article  21(a),  DE,  FI,  FR,  LV,  PL,  PT  and  RO  have 
transposed  this  provision  of  the  Directive  through  the  criminal  offence  of  public 
incitement.  

  Article  21(b)  concerns  the  prohibition/prevention  of  the  organisation  for  others  of 
travel arrangements with the purpose of offending. Most Member States have taken a 
variety  of  measures  to  transpose  this  provision.  For  example,  AT,  BG  and  FI 
criminalize this conduct through provisions applicable to aiders/abettors and practical 
measures, while in CZ, LT and SK such conduct is solely penalised via the provision 

7 See footnote 1. 

17 

 
                                                 
applicable  to  participants,  even  if  the  main  crime  was  not  committed.  CY,  EL,  IT 
and MT have adopted a specific offence which sanctions the organisation of travels 
for third parties with the aim to commit child offences.   

2.3.3.  Preventive intervention programmes or measures (Article 22) 

Article 22 requires Member States to ensure that persons who fear that they might offend 
may have access to effective intervention programmes or measures designed to evaluate 
and  prevent  the risk  of  such  offences  being  committed.  AT,  BG,  DE,  FI,  NL,  SK  and 
UK  (England/Wales,  Northern  Ireland  and  Scotland)  have  put  in  place  measures  to 
transpose this  provision, whereas the information  provided by the other Member States 
was not conclusive.  

2.3.4.  Prevention (Article 23) 

Article  23  requires  Member  States  to  take  appropriate  measures  to  prevent  the  sexual 
abuse and sexual exploitation of children.  

  Article 23(1) concerns education and training measures. While CY, EL, ES, and LT 
transposed this Article through specific legislative provisions, BG, CZ and PT used 
other  measures  such  as  national  action  plans/strategies.  NL,  PL,  RO,  SE  and  UK 
(England/Wales,  Northern  Ireland  and  Scotland),  used  general  legislative 
measures in combination with campaigns and projects. 

  Article 23(2) concerns information and awareness campaigns, possibly in cooperation 
with  civil  society  organisations.  All  Member  States  transposed  this  provision,  for 
example through education programmes  (AT,  BE, CY, FR,  LU, LV,  MT, PT, SK 
and UK (England/Wales and Northern Ireland)). 

  Article  23(3)  concerns  regular  training  of  officials  likely  to  come  in  contact  with 
child victims. Most Member States have taken measures to transpose this provision. 
The information from EL, HU, IE, IT and UK (Scotland) was not conclusive.  

2.3.5.  Intervention programmes or measures on a voluntary basis in the course of or 

after criminal proceedings (Article 24) 

Article 24 regulates the provision of intervention programmes or measures in the course 
of or after the criminal proceedings. 

  Article  24(1)  requires  Member  States  to  ensure  that  effective  intervention 
programmes  or  measures  are  made  available  at  any  time  during  the  criminal 
proceedings, inside and outside prison, to prevent and minimise the risks of repeated 
offences. Whereas a number of Member States have taken measures to transpose this 
provision, the information provided by AT, CY, CZ, DE, ES, FI, FR, HU, IE, IT, 
LU,  LV,  PL,  PT,  RO,  SE,  SI,  SK  and  UK  (Northern  Ireland,  Scotland  and 
Gibraltar) was not conclusive.  

  Article 24(2) requires that the intervention programmes or measures meet the specific 
developmental  needs  of  children  who  sexually  offend.  Member  States  have 
transposed  this  provision  through  various  means  such  as  legislation  (BG,  HR  and 
RO),  a  combination  of  legislation  and  other  measures  (HU,  LT  and  MT),  or  other 
measures (FI, NL and UK (England/Wales, Northern Ireland and Scotland)). 

  Article  24(3)  requires  that  access  to  the  intervention  programmes  or  measures  be 
ensured for persons subject to criminal proceedings (Article 24(3)(a)) and convicted 
persons  (Article 24(3)(b)).  CY, EL, MT, NL,  RO  and  UK have  taken  measures to 
18 

 
transpose Article 24(3)(a) and BG, CY, DE, EL, ES, FI, HR, IT, LT, MT, NL, RO 
and UK have taken measures to transpose Article 24(3)(b). The information provided 
by the rest of Member States was not conclusive. 

  Under  Article  24(4),  Member  States  shall  ensure  that  the  persons  who  may  access 
intervention programmes or measures are subject to an assessment of the danger they 
represent  and  the  risk  of  recidivism,  with  the  aim  to  identify  the  appropriate 
programme or measure. AT, EL, HR, LT, MT, RO and SE have taken measures to 
transpose  this  provision  whereas  the  information  provided  by  the  rest  of  Member 
States was not conclusive.    

  Article  24(5)  requires  Member  States  to  ensure  that  the  persons  who  may  access 
intervention  programmes  or  measures  are  fully  informed  of  the  reasons  for  the 
proposal (Article 24(5)(a)), consent to their participation with full knowledge of the 
facts  (Article  24(5)(b))  and  may  refuse  and  be  made  aware  of  the  possible 
consequences in the case of convicted persons (Article 24(5)(c)). AT, BG, CY, EE, 
FI, LT, MT and UK (Gibraltar) have taken measures to transpose Articles 24(5)(a) 
and  (b)  and  CY,  EE,  FI,  FR,  LT,  MT  and  UK  (Gibraltar)  to  transpose  Article 
24(5)(c). The information provided by the other Member States was not conclusive.  

2.3.6.  Measures  against  websites  containing  or  disseminating  child  pornography 

(Article 25) 

Please refer to the specific, separate report on the transposition of this Article.8 

8 See footnote 3.  

19 

 
                                                 
3.  CONCLUSION AND NEXT STEPS 

The  Directive  is  a  comprehensive  legislative  framework  which  has  led  to  substantive 
progress  in  the  Member  States  by  amending  criminal  codes,  criminal  procedures  and 
sectorial  legislation,  streamlining  procedures,  setting  up  or  improving  cooperation 
schemes  and 
the  coordination  of  national  actors.  The  Commission 
acknowledges the major efforts made by the Member States to transpose the Directive. 

improving 

However,  there  is  still  considerable  scope  for  the  Directive  to  reach  its  full  potential 
through complete implementation of all of its provisions by Member States.  
The analysis so far suggests that some of the main challenges for Member States could be 
related to prevention and intervention programmes for offenders (Articles 22, 23 and 24), 
substantial criminal law (Articles 3, 4 and 5) and the assistance, support and protection 
measures for child victims (Articles 18, 19 and 20).  
Less  challenging  provisions  seem  to  include  those  related  to  incitement,  aiding  and 
abetting,  and  attempt  (Article  7),  consensual  sexual  activities  (Article  8),  seizure  and 
confiscation (Article 11) and liability and sanctions on legal persons (Articles 12 and 13).  

Given the comprehensive nature of the Directive, the Commission will focus on ensuring 
that  the  transposition  is  finalised  across  the  EU  and  that  the  provisions  are  correctly 
implemented.  Therefore,  for  the  time  being,  the  Commission  has  no  plans  to  propose 
amendments  to  the  Directive  or  any  complementary  legislation.  The  Commission  will 
instead focus its efforts on ensuring that children benefit from the full added value of the 
Directive, through its complete transposition and implementation by Member States. 
The  Commission  will  continue  to  provide  support  to  Member  States  to  ensure  a 
satisfactory  level  of  transposition  and  implementation.  This  includes  monitoring  that 
national  measures  comply  with  the  corresponding  provisions  in  the  Directive.  Where 
necessary, the Commission will make use of its enforcement powers under the Treaties 
through infringement procedures. It will also support the implementation of the Directive 
by facilitating the development and exchange of best practices in specific areas such as 
prevention and intervention programmes for offenders. 

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