Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domestic violence
Date: 2022-03-08
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: access to the courts, domestic violence, fight against crime, gender equality, help for victims, human rights, sexual discrimination, sexual violence, woman, women's rights

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   EUROPEAN COMMISSION  Strasbourg, 8.3.2022  COM(2022) 105 final 2022/0066 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domestic violence {SEC(2022) 150 final} - {SWD(2022) 60 final} - {SWD(2022) 61 final} - {SWD(2022) 62 final} - {SWD(2022) 63 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for the proposal 

The  current  proposal  aims  to  effectively  combat  violence  against  women  and  domestic 
violence  throughout  the  EU.  It  does  so  by  proposing  measures  in  the  following  areas:  the 
criminalisation  of  and  sanctions  for  relevant  offences;  protection  of  victims  and  access  to 
justice; victim support; prevention; coordination and cooperation.  

Violence against women is gender-based violence directed against a woman because she is a 
woman or that affects women disproportionately. It includes all acts of gender-based violence 
that  result  in  or  are  likely  to  result  in  physical,  sexual,  psychological  or  economic  harm  or 
suffering,  including  threats  of  such  acts.  It  encompasses  offences  such  as  sexual  violence, 
including  rape,  female  genital  mutilation,  forced  marriage,  forced  abortions  or  sterilisation, 
human  trafficking  for  the  purposes  of  sexual  exploitation,  stalking,  sexual  harassment, 
femicide,  hate  speech  and  crimes  on  the  basis  of  sex  and  various  forms  of  online  violence 
(‘cyber  violence’),  including  non-consensual  sharing  or  manipulation  of  intimate  material, 
cyber  stalking  and  cyber  harassment.  Such  violence  is  rooted  in  gender  inequality  being  a 
manifestation  of  structural  discrimination  against  women.  Domestic  violence  is  a  form  of 
violence  against  women  as  it  disproportionately  affects  women.  It  occurs  in  the  family  or 
domestic unit, irrespective of biological or legal family ties, either between intimate partners 
or  between  other  family  members,  including  between  parents  and  children.  Women  are 
disproportionately  represented  as  victims  of  both  forms  of  violence  due  to  the  underlying 
patterns of coercion, power and/or control. However, anyone can be a potential victim of such 
violence, regardless of their sex or gender. In the case of domestic violence, in particular, it 
can  affect  any  person,  including  men,  younger  or  older  people,  children  and  LGBTIQ1 
persons. 

Violence  against  women  and  domestic  violence  are  matters  of  criminal  law,  violations  of 
human  rights  and  forms  of  discrimination.  Combating  them  is  part  of  the  European 
Commission’s  action  to  protect  the  core  EU  values  and  to  ensure  that  the  EU  Charter  on 
Fundamental Rights is upheld2.  

Violence  against  women  and  domestic  violence  are  pervasive  throughout  the  EU  and  are 
estimated to affect 1 in 3 women in the EU. Looking at the more specific types of violence, 
in 2014, 1 in 10 women reported that they had been victim of sexual violence and 1 in 20 had 
been raped. More than 1 in 5 women have suffered domestic violence3. Cyber violence is just 
as  prevalent:  in  2020,  it  was  estimated  that  1  in  2  young  women  experienced  gender-based 

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Lesbian, gay, bisexual, trans, non-binary, intersex, queer. 
Violence against women and domestic violence can affect numerous of the fundamental rights enshrined in 
the Charter of Fundamental Rights of the European Union. These rights include the right to human dignity (Article 
1), the right to life (Article 2), the prohibition of torture and inhuman or degrading treatment (Article 4), the right to 
freedom from discrimination, including on the grounds of sex (Article 21) and the right to access justice (Article 
47). 
European  Union  Agency  for  Fundamental  Rights  (FRA),  Violence  against  women:  an  EU-wide  survey.  Main 
results report, 2014; The FRA survey on violence against women is based on face-to-face interviews with 42,000 
women across the EU. The survey presents the most comprehensive survey worldwide on women’s experiences of 
violence. 

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cyber violence4. Women in general, more frequently experience cyber violence based on their 
sex  or  gender,  in  particular  sexual  forms  of  cyber  violence.  Women  are  systematically 
targeted online by violent right wing extremist groups and terrorist groups intending to spread 
hatred  against  them.  The  so-called  ‘incel’  (involuntary  celibate)  movement,  for  instance, 
incites  to  violence  against  women  online  and  promotes  such  violence  as  heroic  acts.  Cyber 
violence particularly impacts women active in public life, such as politicians, journalists and 
human rights defenders. This can have the effect of silencing women, hindering their societal 
participation  and  undermining  the  principle  of  democracy  as  enshrined  in  the  Treaty  on 
European Union.  

Women also experience violence at work: about a third of women in the EU who have faced 
sexual harassment experienced it at work. 

President  von  der  Leyen’s  political  guidelines  highlighted  the  need  to  prevent  and  combat 
violence  against  women,  protect  victims  and  punish  offenders  as  a  key  priority  for  the 
Commission.  The Gender  Equality Strategy  2020-20255 announced EU measures to prevent 
these forms of violence, protecting victims, prosecuting offenders, and implementing related 
comprehensive  and  coordinated  policies.  The  European  Pillar  of  Social  Rights  Action  Plan 
reiterates  the  commitment  to  combat  gender-based  violence  and  propose  legislation  to  this 
effect6. 

The European Parliament has repeatedly called on the Commission to propose legislation on 
violence  against  women  and  domestic  violence,  and  on  gender-based  cyber  violence.  The 
European  Parliament  most  recently  has  adopted  two  own-initiative  legislative  reports  based 
on  Article  225  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  requesting  the 
Commission7  to  submit  proposals  on  combating  gender-based  violence  and  cyberviolence8 
and  on  adding  gender-based  violence  as  a  new  area  of  crime  listed  in  Article  83(1)  of  the 
TFEU9, respectively. 

• 

Objectives of the proposal 

This proposal aims to prevent and combat violence against women and domestic violence to 
ensure a high level of security and the full enjoyment of fundamental rights within the Union, 
including the right to equal treatment and non-discrimination between women and men. The 
proposal  thus  contributes  to  the  establishment  of  an  area  of  freedom  security  and  justice 
(Title V TFEU). To achieve these objectives, the proposal:  

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makes the current EU legal instruments relevant to combating violence against 
women and domestic violence more effective; 

creates  upwards  convergence  and  fills  gaps  in  protection,  access  to  justice, 
support, prevention and coordination and cooperation; and  

aligns EU law with established international standards. 

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European  Parliamentary  Research  Service  (EPRS),  Combating  gender-based  violence:  Cyberviolence, 
European added value assessment, 2021. 
COM/2020/152 final. 
COM/2021/102 final. 
Referring to Article 225 TFEU. 
Resolution of 14 December 2021 with recommendations to the Commission on combating gender based violence: 
cyber violence, (2020/2035(INL)). 
Resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence 

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                as a new area of crime listed in Article 83(1) TFEU (2021/2035(INL)). 

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The proposal criminalises certain forms of violence that disproportionately affect women and 
strengthens victims’ rights, using the existing legal bases as set out in Articles 82(2) and 83(1) 
TFEU.  It  thereby  ensures  such  offences  are  effectively  prosecuted  and  contributes  to  the 
elimination  of  violence  against  women  and  domestic  violence  and  to  better  support  and 
protection for victims. By increasing trust in the judicial schemes of other Member States, it 
will  aid  mutual  recognition  of  judgments  and  decisions  in  criminal  matters  and  improve 
judicial cooperation in criminal matters. 

An important point of reference for the proposal is the 2014 Council of Europe Convention on 
preventing  and  combating  violence  against  women  and  domestic  violence  (‘Istanbul 
Convention’)10
  .  The  Istanbul  Convention  is  the  most  extensive  international  framework  to 
comprehensively address violence against women and domestic violence.  

This  proposal  aims  to  achieve  the  objectives  of  the  Convention  within  the  EU’s  remit  by 
complementing  the  existing  EU  acquis  and  Member  States’  national  legislation  in  the  areas 
covered  by  the  Convention.  The  need  for  action  appears  both  in  Member  States  that  have 
ratified  the  Istanbul  Convention  and  in  those  that  have  not11.  The  preparatory  work  has 
identified  a  need  for  action  in  the  areas  of  access  to  justice,  including  minimum  rules  on 
definitions  and  sanctions  relating  to  certain  criminal  offences,  the  rights  and  protection  of 
victims  in  connection  with  criminal  proceedings,  specialised  victim  support,  prevention  of 
such violence and strengthening closer coordination and cooperation at EU and national level. 
Relevant  EU  standards  are  fragmented  across  several  legal  instruments  and  have  not  led  to 
effective  monitoring  and  enforcement.  While  action  at  national  level  has  been  mainly 
triggered  by  the  Istanbul  Convention,  the  monitoring  of  the  Convention’s  implementation12 
shows  that  gaps  persist.  Given  the  way  in  which  violence  against  women  and  domestic 
violence have evolved in the past decades, these types of crimes are unlikely to significantly 
decrease without additional EU action.  

In  addition,  this  proposal  takes  into  account  recent  phenomena  such  as  cyber  violence 
against  women,  which  is  not  specifically  addressed  by  the  Istanbul  Convention.  Cyber 
violence has been growing in the wake of the use of the internet and IT tools. It is often  an 
extension  of  violence  experienced  by  victims  offline.  Despite  cyber  violence’s  wide 
prevalence,  regulation  has  been  highly  fragmented  to  date,  and  significant  legal  gaps  have 
been identified at both EU and Member State level. 

Currently,  no  specific  piece  of  EU  legislation  comprehensively  addresses  violence  against 
women  and  domestic  violence.  This  Directive  will  be  the  first  act  specifically  addressing 
this  type  of  violence.  The  measures  are  based  on  the  recommendations  of  the  Group  of 
Experts  on  Action  against  Violence  against  Women  and  Domestic  Violence  (‘GREVIO’)13, 
the  independent  expert  body  responsible  for  monitoring  the  Istanbul  Convention’s 
implementation.  They  also  take  into  account  recommendations  by  international  experts  and 
bodies in the field, including under the auspices of the United Nations, and their reflections on 
internationally  accepted  good  practices  in  combating  violence  against  women  and  domestic 
violence. The targeted measures on criminal offence and victims’ rights lay down minimum 

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Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and  domestic 
violence (CETS No. 210); COM/2016/111 
The Member States that have not ratified the Istanbul Convention are BG, CZ, HU, LT, LV, and SK. 
See  the  mid-term  horizontal  review  of  Group  of  Experts  on  Action  against  Violence  against  Women 
and Domestic Violence (GREVIO) baseline evaluation reports at:https://www.coe.int/en/web/istanbul-
convention/-/mid-term-horizontal-review-provides-a-panoramic-view-of-the-implementation-of-the-
istanbul-convention. 
Supra 9. 

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rules that enable the Member States to set higher standards and leave flexibility for the 
Member states to take into account country-specific situations. 

In particular, the following measures are proposed:  

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Criminalising certain forms of violence that disproportionately affect  women and 
that  are  not  sufficiently  addressed  at  national  level  and  fall  within  the  EU’s  remit, 
based on existing legal  bases. This  concerns  the  criminalisation of rape based on 
lack  of  consent  (in  some  Member  States,  the  use  of  force  or  threats  is  required), 
female genital mutilation, and certain forms of cyber violence.  

Strengthening  victims’  access  to  justice  and  rights  to  appropriate  protection 
responding directly to  the specific  needs of victims  of violence against women and 
domestic violence. Such measures include: 

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ensuring  that  national  authorities  are  appropriately  equipped  to  address 
violence against women and domestic violence;  

ensuring  that  national  authorities  treat  victims  in  a  gender-sensitive 
manner; 

providing for  an individual needs assessment for protection and support 
tailored  to  the  specific  needs  of  victims  of  violence  against  women  or 
domestic violence;  

providing  for  specific  safeguards  for  child  victims  of  violence  against 
women or domestic violence;  

ensuring protection through emergency barring and protection orders;   

ensuring  that  victims  can  effectively  claim  compensation  from  the 
offender;  

ensuring  the  removal  of  online  content  in  relation  to  offences  of  cyber 
violence, and a possibility of judicial redress for the affected users; and 

ensuring  that  government  bodies  exist  to  assist,  advise  and  to  represent 
victims  in  court  proceedings  in  matters  of  violence  against  women  or 
domestic violence. 

Providing victim support tailored to the specific needs of victims of violence against 
women  or  domestic  violence.  This  includes  specific  support  in  cases  of  sexual 
violence  and  female  genital  mutilation,  access  to  national  helplines,  increased 
accessibility of shelters and comprehensive support for victims of sexual harassment 
at work. It also entails targeted support for victims with specific needs and groups at 
risk, including women fleeing armed conflict.  

Preventing  violence  against  women  and  domestic  violence,  including  by  raising 
awareness, training professionals who are likely to come in contact with victims, and 
working with offenders. 

Strengthening  coordination  and  cooperation  at  national  and  EU-level  by 
ensuring a multi-agency approach and enhanced data collection  on violence against 
women and domestic violence. 

  Consistency with existing policy provisions in the policy area 

No  specific  EU  legal  instrument  addresses  violence  against  women  and  domestic  violence 
particularly. However, there are several EU legal instruments, which are relevant for victims 
of  violence  against  women  and  domestic  violence.  They  either  establish  general  rules 

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applicable also to this category of victims, or lay down specific rules on certain forms of such 
violence. Below are the most relevant ones:  

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Directive 2012/29/EU (the ‘Victims’ Rights Directive’)14:  

The Victims’ Rights Directive applies to all victims of crime. It lays down minimum 
standards on the rights, protection and support of victims of crime in the EU. It also 
makes reference to victims of gender-based violence, victims of sexual violence and 
victims of violence in a close relationship. However, the Directive does not prescribe 
specific  rules  tailored  to  victims  of  these  types  of  crime.  The  current  proposal 
complements the rules of the Victims’ Rights Directive to cater for the specific needs 
of victims of violence against women and domestic violence. In addition to the more 
specific measures, covered by the current proposal, victims will continue to benefit 
from the general provisions of the Victims’ Rights Directive.  
Directive 2011/99/EU (the ‘European Protection Order Directive’)15 and Regulation 
(EU) No 606/2013 (the ‘Mutual Recognition Regulation’)16 – EU rules on European 
protection orders: 

These  two  instruments  enable  cross-border  recognition  of  protection  orders  issued 
under  national  law.  The  current  initiative  requires  that  Member  States  provide  for 
emergency  barring  and  protection  orders  under  their  national  legislation,  thus 
providing  the  basis  for  the  European  Protection  Order  Directive  and  the  Mutual 
Recognition Regulation.   

Directive  2011/93/EU 
2011/36/EU (the ‘Anti-Trafficking Directive’)18: 

(‘Child  Sexual  Abuse  Directive’)17  and  Directive 

The  Child  Sexual  Abuse  Directive  and  the  Anti-Trafficking  Directive  provide  for 
measures  of  prevention,  protection,  support  and  access  to  justice  to  specific 
categories of victims, namely of sexual abuse and sexual exploitation of children and 
child  pornography,  as  well  as  trafficking  in  human  beings.  These  more  specific 
Directives’  standards  on  criminalisation  of  such  violence  and  corresponding 
sanctions will continue to apply. The Anti-Trafficking Directive combats trafficking 
in human beings for the purpose of sexual exploitation. It is currently under review to 
assess  the  possible  need  for  future  amendments,  taking  into  account  the  EU-level 
criminalisations and corresponding penalties introduced by this Directive. 

The Child Sexual Abuse Directive will continue to apply to sexual abuse of children.  
Article 24 of the European Charter of Fundamental Rights sets out that children shall 
have  the  right  to  such  protection  and  care  as  is  necessary  for  their  well-being,  and 
that in all actions relating to children, whether taken by public authorities or private 

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57–73. 
Directive  2011/99/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on  the 
European protection order, OJ L 338, 21.12.2011, p. 2–18. 
Regulation  (EU)  No  606/2013  of  the  European  Parliament  and  of  the  Council  of  12  June  2013  on 
mutual recognition of protection measures in civil matters, OJ L 181, 29.6.2013, p. 4–12. 
Directive  2011/93/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on 
combating  the  sexual  abuse  and  sexual  exploitation  of  children  and  child  pornography,  and  replacing 
Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1–14.  
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and 
combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 

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institutions,  the  child’s  best  interests  must  be  a  primary  consideration.  It  is  evident 
that the protection of a specific framework to criminalise rape based on the notion of 
consent  should  also  be  extended  to  children  inasmuch  as  they  are  able  to  consent 
validly.  This  is  determined  by  the  age  of  sexual  consent,  which  is  regulated  at 
Member State level  and  differs  across Member States. Given that  the Child  Sexual 
Abuse Directive already provides a dedicated framework for all children, the present 
proposal introduces the necessary changes to ensure coherence by way of a targeted 
modification of that directive. This  modification  introduces  penetration  as a further 
aggravating  circumstance,  and  the  notion  of  lack  of  consent  for  children  above  the 
age  of  sexual  consent.  In  parallel,  the  Child  Sexual  Abuse  Directive  is  also 
undergoing evaluation, which may result in a proposal for a recast in 2023. This will 
provide an opportunity to ensure the overall coherence of the dedicated framework to 
protect  children  against  all  forms  of  sexual  abuse  and  sexual  exploitation  with  the 
current proposal. 

The  provisions  under  the  current  proposal  relating  to  the  rights,  protection  and 
support of victims, and prevention of violence against women or domestic violence 
(Chapters  3-5)  will  also  apply  to  victims  falling  under  the  Child  Sexual  Abuse 
Directive  and  the  Anti-Trafficking  Directive,  where  such  acts  are  also  classified  as 
amounting to violence against women or domestic violence.  
Council Directive 2004/80/EC (the ‘Compensation Directive’)19: 

The  Compensation  Directive  enables  persons  who  have  fallen  victim  to  violent 
intentional  crime  to  apply  for  state  compensation.  The  current  initiative  further 
strengthens  victims’  rights  to  access  to  compensation  by  reinforcing  the  right  to 
compensation  from  the  offender,  including  by  setting  up  minimum  rules  on 
providing such compensation.   

The ‘Gender Equality Directives’20 stipulate that sex-based and sexual harassment 
at  work  and  in  access  to  goods  and  services  are  contrary  to  the  principle  of  equal 
treatment  between  men  and  women.  The  Directives  require  Member  States  to 
prohibit  such  conduct,  ensure  remedies  (including  compensation),  and  provide  for 
effective, proportionate and dissuasive penalties. The current directive complements 
these instruments by setting minimum standards on support and access to justice of 
victims of such harassment.  

Proposal  for  a  Regulation  on  a  Single  Market  for  Digital  Services  (the  ‘Digital 
Services Act’ or ‘DSA’)21: With the DSA proposal, the Commission aims to protect 
fundamental rights online and address risks in the online space, including the risk to 
women’s  safety  online.  The  DSA  proposal  sets  out  a  horizontal  framework  for 

Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 
6.8.2004, p. 15–18. 
Council  Directive  2004/113/EC  of  13  December  2004  implementing  the  principle  of  equal  treatment 
between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 
37–43);  Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  the 
implementation  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and  women  in 
matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23–36); Directive 2010/41/EU 
of  the  European  Parliament  and  of  the  Council  of  7  July  2010  on  the  application  of  the  principle  of 
equal  treatment  between  men  and  women  engaged  in  an  activity  in  a  self-employed  capacity  and 
repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1–6). 
European Commission, Proposal for a Regulation of the European Parliament and of the Council on a 
Single  Market  for  Digital  Services  (Digital  Services  Act)  and  amending  Directive  2000/31/EC,  COM 
(2020)825 final, 15 December 2020. 

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regulatory  oversight,  accountability  and  transparency  of  online  service  providers. 
The current proposal makes the DSA more effective in two crucial aspects:  

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The  DSA  contains  due-diligence  obligations  for  certain  intermediary  service 
providers  to  address  illegal  online  content.  It  does  not  provide  an  EU-level 
definition  of  what  constitutes  such  illegal  content.  The  current  proposal 
complements  the  DSA  proposal  by  including  minimum  rules  for  offences  of 
cyber violence.  

The current  proposal  ensures that national  judicial  authorities have the power 
to issue orders to providers of intermediary services to act against certain types 
of illegal content amounting to cyber violence as covered by this proposal.  

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Proposal to accede to the Istanbul Convention 

In  2016,  the  Commission  proposed  the  EU’s  accession  to  the  Istanbul  Convention22, 
after which the Commission and the Presidency of the Council  signed the Convention 
on behalf of the EU in 2017. To date, the EU accession process has not been finalised as 
the Council has not yet adopted the final conclusion decision. Finalisation of the EU’s 
accession to the Convention remains a priority for the Commission. The measures of the 
current proposal seek to attain the objectives of the Convention within the areas of EU 
competence, thus strengthening the protection granted by the Convention. Once the EU 
accedes to the Convention, the current initiative will constitute an implementation of the 
Convention within such areas. 

The Commission has assessed all EU legal instruments relevant to combating violence against 
women  and  domestic  violence  and  relevant  to  victims’  rights  against  the  objectives  of  this 
proposal.  The  Commission  has  taken  into  account  the  outcome  of  this  assessment  when 
preparing  this  proposal  (see  Annex  8  to  the  impact  assessment  report).  Therefore,  this 
proposal is consistent with the relevant provisions of existing EU legislation. 

• 

Consistency with other EU policies 

This proposal is in line with the Treaty goals of ensuring a high level of security in the EU’s 
area  of  freedom,  security  and  justice  as  laid  down  in  Title  V  TFEU,  and  the  enjoyment  of 
fundamental  rights  in  the  EU.  It  is  also  consistent  with  numerous  EU  policies  that  have 
highlighted the need to tackle gender-based violence.  This goal figures prominently in the EU 
Comprehensive  Strategy  on  the  Rights  of  the  Child23,  the  EU  Strategy  on  victims’  rights 
(2020-2025)24,  the  LGBTIQ  Equality  Strategy  2020-202525,  the  Strategy  for  the  Rights  of 

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European  Commission,  Proposal  for  a  Council  Decision  on  the  signing,  on  behalf  of  the  European 
Union, of the council of Europe Convention on preventing and combating violence against women and 
domestic  violence,  COM(2016)  111  final,  4  March  2016;  European  Commission,  Proposal  for  a 
Council Decision on the conclusion, by the European Union, of the Council of Europe Convention on 
preventing  and  combating  violence  against  women  and  domestic  violence,  COM(2016)  109  final,  4 
March 2016. 
European  Commission,  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions.  EU  strategy  on  the  rights  of  the 
child, COM(2021) 142 final, 24 March 2021. 
European  Commission,  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions.  EU  Strategy  on  victims’  rights 
(2020-2025), COM(2020) 258 final, 24 June 2020. 
European  Commission,  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions.  Union  of  Equality:  LGBTIQ 
Equality Strategy 2020-2025, COM(2020) 698  final, 12 November 2020. 

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Persons with Disabilities 2021-203026, and the European Pillar of Social Rights Action Plan27. 
The  Gender  Action  Plan  III28  makes  the  fight  against  gender-based  violence  one  of  the 
priorities of the EU’s external action.   

The  Commission  adopted  a  communication  ‘A  more  inclusive  and  protective  Europe: 
extending the list of EU crimes to hate speech and hate crime’29 to elicit a Council decision to 
extend the list of EU crimes in Article 83(1) TFEU to include hate speech and hate crime (the 
‘EU  crime  initiative’).  Hate  speech  and  hate  crime  undermine  the  very  foundations  of  a 
democratic and pluralistic society and the common values enshrined in Article 2 of the TEU. 
The  particular  gravity  of  these  conducts,  given  their  impacts  on  the  fundamental  rights  and 
values,  and  their  cross-border  nature  call  for  common  action  at  Union  level.  To  address  in 
particular the stark increase of public incitement to violence and hatred online based on sex or 
gender,  in  particular  misogynous  incitement  to  hatred  or  violence,  this  Directive  sets 
minimum  rules  for  the  definition  and  the  penalties  of  the  offence  of  this  type  of  cyber 
violence. Following the adoption of the Council Decision adding hate speech and hate crime 
as a new legal basis to Article 83(1) TFEU, the Commission will be able to propose additional 
legislation to harmonise hate speech and hate crime by adding protected grounds. 

 

Conformity of the proposal with the climate consistency principle 

As established in the impact assessment, no environmental impacts are expected. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This proposal is based on the combined legal bases of Article 82(2) and Article 83(1) TFEU. 

Article 83(1) TFEU provides the legal basis for minimum rules on the definition of criminal 
offences  and  sanctions  in  relation  to  the  sexual  exploitation  of  women  and  children  and 
computer crimes. 

The  term  ‘sexual  exploitation’  in  Article  83(1)  TFEU  can  be  understood  as  any  actual  or 
attempted abuse of a position of vulnerability, differential  power or trust,  including, but  not 
limited to, profiting monetarily, socially or politically from a sexual act with another person. 
The exploitative element  can refer to  the  achievement of power or domination over another 
person  for  the  purpose  of  sexual  gratification,  financial  gain  and/or  advancement.  The 
criminal  offences  of  rape  and  female  genital  mutilation  presuppose  these  elements.  Female 
genital  mutilation  is  an  exploitative  practice  performed  for  the  purpose  of  preserving  and 
asserting domination over women and girls and to exert social control over girls and women’s 
sexuality.  It  is  sometimes  performed  in  the  context  of  child  or  forced  marriage  or  domestic 

26 

27 

28 

29 

European  Commission,  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European Economic and Social Committee and the Committee of the Regions. Union of Equality: Strategy for the 
Rights of Persons with Disabilities 2021-2030, COM(2021) 101 final, 3 March 2021.  
European Commission, Communication from the Commission to the European Parliament, the Council, 
the European Economic and Social Committee and the Committee of the Regions. The European Pillar 
of Social Rights Action Plan, COM/2021/102 final, 4 March 2021, at 19, 21. Gender equality is also the 
second principle of the European Pillar of Social Rights, which aims to ensure and foster equality of treatment and 
opportunities between women and men in all areas, including in tackling gender-based violence. 
European  Commission,  Joint  Communication  to  the  European  Parliament  and  the  Council.  EU  Gender  Action 
Plan  (GAP)  III  –  An  ambitious  agenda  for  gender  equality  and  women’s  empowerment  in  EU  external  action, 
JOIN(2020) 17 final, 25 November 2020. 
Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  -  A  more  inclusive  and 
protective Europe: extending the list of EU crimes to hate speech and hate crime, 9.12.2021 COM(2021) 777 final. 

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violence. This  reflects  the typical  power-imbalance between women and men in  such cases, 
which is also prevalent in the case of rape.  

The  term  ‘computer  crime’  in  Article  83(1)  TFEU  covers  offences  against  or  intrinsically 
linked to the use of information and communication technologies. Using such technologies as 
a  means  of  attack  can  amplify  the  severity  of  the  offence  in  terms  of  quantity,  quality, 
intensity, target selection and duration, to an extent that cannot be achieved by other means. 
The  minimum  rules  on  crimes  amounting  to  cyber  violence  against  women  under  this 
proposal address such offences, which are intrinsically linked to the online environment and 
the use of such technologies.   

Article 82(2) TFEU provides the legal basis for laying down minimum rules on the rights of 
victims  of  crime  to  the  extent  necessary  to  facilitate  mutual  recognition  of  judgments  and 
judicial decisions, and police and judicial cooperation in criminal matters with a cross-border 
dimension.  

• 

Subsidiarity (for non-exclusive competence)  

Violence against women and domestic violence are widespread in the EU and the COVID-19 
pandemic has exacerbated the situation. This violence has an impact on millions of people in 
the EU, leads to violations of fundamental rights and causes considerable costs. This creates a 
special need to combat violence against women and domestic violence on a common basis at 
EU level. 

Cyber violence against women, including in the context of domestic violence, has emerged as 
a new form of such violence, spreading and amplifying beyond individual Member States via 
the  internet.  Given  cyber  violence’s  inherent  cross-border  dimension,  action  by  Member 
States acting individually will be insufficient to solve this problem.  

All Member States address violence against women and domestic violence in legislation and 
policies, but to different degrees. The multitude of approaches creates legal uncertainty about 
rights of such victims across the EU. There is even more fragmentation at regional and local 
levels.  

The  EU  already  supports  the  Member  States  in  addressing  this  kind  of  violence,  using 
funding,  policy  measures  and  relevant  horizontal  legal  instruments.  However,  targeted 
legislative action at EU level is necessary to make the existing measures more effective and to 
further strengthen the  Union’s instruments  to  combat violence against women and domestic 
violence  by  laying  down  minimum  rules.  For  the  Member  States  that  are  parties  to  the 
Istanbul Convention, the EU measures would support the Convention’s implementation. The 
current  proposal  would  enable  further, coordinated measures  across the  EU  and  enable EU-
level enforcement. The current proposal aims to strike the balance between ensuring that the 
obligations  it  lays  down  are  effective,  and  leaving  flexibility  for  the  Member  States  to  take 
into account national specificities and needs when implementing its rules. 

To  ensure  equal  treatment  of  victims  throughout  the  EU,  the  initiative  will  ensure  upward 
convergence  by  laying  down  minimum  rules  on  the  rights  of  victims  of  violence  against 
women  and  domestic  violence.  These  rules  aim  to  support  and  protect  victims  of  such 
violence  before,  during  or  after  criminal  proceedings,  and  introduce  minimum  rules  on 
definitions of and penalties on conduct where gaps in criminalisation exist. The proposal lays 
down  the  minimum  level  of  the  maximum  penalties  applicable  to  the  offences  listed  in  the 
proposal. The proposal therefore leaves it to Member States to set minimum penalties.    

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• 

Proportionality 

This  proposal  aims  at  combating  violence  against  women  and  domestic  violence 
comprehensively. This means that action is taken from various angles, aiming to prevent such 
violence; protecting and supporting victims, and ensuring access to justice, if violence occurs 
anyway; and ensuring coordination among all relevant actors.  

Numerous studies (e.g. an extensive study by the European network of legal experts in gender 
equality and non-discrimination30 and an in-depth study by the European Parliament’s Policy 
Department for Citizens’ Rights and Constitutional Affairs31) show that only a comprehensive 
approach,  targeting  all  components  of  the  problem  in  a  single  EU  act  imposing  minimum 
rules on the Member States can effectively  contribute to  the elimination of violence against 
women and domestic violence and to ensuring more effective, targeted support and protection 
responding  to  the  specific  needs  of  victims  of  this  type  of  violence.  Action  scattered 
throughout a patchwork of various pieces of EU legislation, each targeting a goal of its own, 
would not achieve such results.  

The Commission considered several policy options to achieve the objectives of this proposal: 

 

 

the  first  option  mainly  consists  of  measures  implementing  the  Istanbul 
Convention standards in EU law in areas within the EU’s remit; and 

including  on  cyber  violence, 

a  second  policy  option,  which  builds  on  the  measures  outlined  in  the  first 
option  and  introduces  more  comprehensive  and  detailed  measures  to  ensure 
higher  minimum  standards,  facilitates  their  enforceability  and  addresses 
into  account 
additional  gaps, 
recommendations  made  by  the  Group  of  Experts  on  Action  against  Violence 
against Women and Domestic Violence in the context of its monitoring of the 
Convention.                                                                                                                
This  option  was  further  divided  in  two  sub-options  (2A  and  2B),  with  sub-
option  2B  consisting  of  further-reaching  obligations  on  sexual  harassment, 
access to justice, victim protection and data collection.   

taking 

This  proposal  is  based  on  policy  option  2A  since  it  provides  for  the  most  effective  set  of 
measures, while respecting the principle of proportionality. This choice is based on a prior in-
depth  analysis of the  impact  of the  various policy  options on fundamental  rights,  and social 
and economic impact. It is also based on a careful analysis of the effectiveness, efficiency and 
consistency of the policy options. Overall, option 2A proved to perform better in contributing 
to these areas and provides a higher net benefit. It is expected to provide extensive protection 
of  fundamental  rights  and  improve  the  social  situation  of  victims  and  society  at  large 
thanks to its comprehensive set of obligations. 

In  line  with  the  principle  of  proportionality  and  necessity  of  EU  action,  this  proposal  will 
establish  minimum  rules  enhancing  the  actions  taken  by  Member  States  in  the  areas  of 

30 

31 

European  network  of  legal  experts  in  gender  equality  and  non-discrimination.  Criminalisation  of 
gender-based violence against women in European States, including ICT-facilitated violence. A special 
report,  2021,  available  at  https://www.equalitylaw.eu/downloads/5535-criminalisation-of-gender-
based-violence-against-women-in-european-states-including-ict-facilitated-violence-1-97-mb 
(EELN 
2021). 
Tackling violence against women and domestic violence in Europe  – The added value of the Istanbul 
Convention 
at 
https://www.europarl.europa.eu/RegData/etudes/STUD/2020/658648/IPOL_STU(2020)658648_EN.pdf
. 

challenges, 

remaining 

available 

2020, 

and 

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prevention,  victim  protection  and  support,  access  to  justice  and  coordination.  The  proposal 
will  enhance  legal  certainty,  effective  enforcement  and  protection  of  victims.  For  the  first 
time, it draws up a targeted and coordinated EU approach to tackle violence against women 
and domestic violence.  This  approach is  based  on a set  of minimum  rules that add value to 
existing  national,  EU  and  international  rules,  while  leaving  Member  States  flexibility  for 
implementation.    

• 

Choice of the instrument 

Under  the  legal  basis  chosen  for  the  proposal,  the  appropriate  instrument  is  a  directive 
adopted in accordance with the ordinary legislative procedure. This proposal  aims to deliver 
simplification benefiting the professionals and victims concerned, by compiling relevant EU 
rules in a single instrument in a transparent manner.  

A  specific  directive  on  violence  against  women  and  domestic  violence  is  chosen  over  an 
amendment  of existing instruments.  The rules of this  Directive will apply  in  addition  to  the 
rules  laid  down  in  the  Victims’  Rights  Directive,  the  EU’s  general  legal  framework  on 
victims’ rights. Some provisions of this directive lay down specific measures complementing 
the  general  rules,  in  a  similar  manner  as  this  is  done  for  victims  of  other  specific  types  of 
crime such as victims of trafficking in human beings, of child sexual abuse and of terrorism. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

When  preparing  the  impact  assessment  report,  the  Commission  assessed  the  effects  of  the 
relevant provisions of existing EU law on preventing and combating violence against women 
and  domestic  violence.  This  was  accompanied  by  a  mapping  of  the  Member  States’  policy 
and legislative measures.  

The  preparatory  work  also  drew  on  the  recent  monitoring  reports  of  the  Victims’  Rights 
Directive32 and European Protection Order Directive33. The Commission conducted this work 
in coordination with the upcoming general evaluations of the Victims’ Rights Directive, the 
Child Sexual Abuse Directive and the Anti-Trafficking Directive. 

The analysis shows that the relevant EU legislation has provided rights for victims of violence 
against women and domestic violence very selectively. This  has happened under legislation 
that does not primarily cover these types of violence (see above on the interplay with existing 
EU-legislation  for  an  overview  of  the  current  situation).  EU  measures  do  not  explicitly 
address  victims  of  violence  against  women  and  domestic  violence.  The  relevant  obligations 
are not specific enough for victims of violence against women and domestic violence, or leave 
wide  discretion  to  the  Member  States.  Furthermore,  the  relevant  EU  legislation  is  over  10 

32 

33 

Report  from  the    Commission  to  the  European  Parliament  and  the  Council  on  the  implementation  of 
Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework  Decision  2001/220/JHA  COM/2020/188  final,  available  at :  EUR-Lex  -  52020DC0188  - 
EN - EUR-Lex (europa.eu). 
Report  from  the    Commission  to  the  European  Parliament  and  the  Council  on  the  implementation  of 
Directive  2011/99/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on  the 
European protection order, COM/2020/187 final, available at:  EUR-Lex - 52020DC0187 - EN - EUR-
Lex (europa.eu) 

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years  old  on  average.  During  this  time,  the  needs  of  victims  have  not  been  met  sufficiently 
and should be addressed accordingly. 

• 

Stakeholder consultations 

The  Commission  consulted  extensively  with  stakeholders  to  inform  the  preparations  of  this 
legislative initiative. In doing so, the Commission aimed to gather up-to-date information and 
expertise, and to develop effective measures to counter violence against women and domestic 
violence, as indicated in the stakeholder strategy underpinning the initiative. The Commission 
has  also  taken  into  account  relevant  results  from  previous  consultations.  In  2016,  the 
Commission  conducted  a  Eurobarometer  survey  on  gender-based  violence  with  a  sample  of 
over  27  000  respondents  from  all  EU  Member  States34.  This  has  helped  design  and  test  the 
policy options.  

Many  stakeholders  have  called  for  increased  EU  legislative  and  non-legislative  action  on 
violence  against  women  and  domestic  violence.  Details  on  the  individual  consultations  are 
provided in the following section. 

An open public consultation: “protecting victims and punishing offenders” was held on 
the Commission’s consultations website from 8 February until 10 May 2021. Questions to the 
public  addressed  various  aspects  of  preventing  and  combating  violence  against  women  and 
domestic  violence.  In  particular,  the  questions  concerned  the  relevant  Member  State 
measures, the need for further regulation, and preferred policy options. The main results were:  

– 

– 

– 

– 

34 

The survey showed that a problem was that the public is not sufficiently aware of this 
kind  of  violence  or  sees  it  as  a  private  matter.  In  addition,  the  survey  showed  that 
there are not enough services and activities to empower victims and encourage them 
to speak up. On possible further prevention measures, most found it important to 
tackle harmful gender stereotypes. 

60% of the respondents believed that it is necessary to improve the current structures 
for  providing  information  to  victims  of  violence  against  women  and  domestic 
violence about their rights, the services they can turn to, and the follow-up given to 
their  complaints.  On  the  timeliness  of  this  information  and  its  accessibility, 
respondents predominantly found that information was not provided quickly enough 
(43%),  was  difficult  to  find  (42%),  and  was  inconsistent  and  spread  over  different 
sources (42%).    

73%  of  the  respondents  believed  that  further  measures  to  improve  access  to 
justice  in  matters  of  violence  against  women  and  domestic  violence  are  needed  at 
both national and EU level.  

In  response  to  whether  support  services  systemically  account  for  the  needs  of 
victims of violence against women and domestic violence, about half (48%) did not 
believe  they  did.  Responses  on  whether  victims  receive  information  on  support 
services  in  a  timely  manner  and  in  a  language  they  understand  showed  diverging 
views, but with a higher proportion of people not knowing (41%). 

European  Commission,  Eurobarometer  449:  Gender-based  violence,  2016,  available  at: 
(https://europa.eu/eurobarometer/surveys/detail/2115).  Also  European  Commission,  Eurobarometer 
428: Gender Equality, 2015, available at: (https://europa.eu/eurobarometer/surveys/detail/2048), where 
violence against women (especially sexual violence), was considered one of the two areas that the EU 
should address the most urgently. 

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– 

On  specific  forms  of  violence  against  women,  most  respondents  believed  that  the 
primary gaps in protection against sex-based and sexual harassment resulted from the 
perception  that  such  harassment  was  not  considered  a  real  problem  by  the  general 
public  (66%),  that  sanctions  were  insufficient  (66%),  and  that  provisions  were 
ineffectively enforced (62%). 

The  Commission  conducted  comprehensive  targeted  consultations  jointly  for  the  impact 
assessment and the gap analysis of the existing legislative framework.   

The  Commission  consulted  the  Member  States  in  writing  and  at  a  workshop.  The  Member 
States  expressed  their  openness  on  EU  action  and  found  the  envisaged  measures  relevant. 
Targeted  consultations  of  non-governmental  and  international  organisations  showed  large 
support  for  the  most  ambitious  measures.  In  particular,  non-governmental  organisations 
stressed the need to enhance prevention and protection measures by setting minimum rules at 
the  EU  level,  improve  data  collection  and  accessibility  for  specialised  services  and  provide 
targeted training programmes for professionals across sectors. International organisations 
highlighted  the  need  for  additional  prevention  measures  such  as  early  intervention, 
prevention programmes and trainings for relevant professionals. 

On  protection  and  support  services,  the  international  organisations  identified  a  lack  of  a 
gendered understanding of violence, which can lead to secondary and repeat victimisation, 
intimidation  and  retaliation.  They  identified  one-stop-shop  approaches  to  seek  assistance  as 
best practice. On access to justice, they highlighted shortcomings on access to compensation 
from  the  state  or  the  offender  in  particular  on  too  short  timeframes  to  claim  compensation 
and limitations to claims for moral damages (for certain types of crimes).  

In the targeted workshop held with social partners, trade unions and employers supported the 
objective  of  combating  sexual  harassment  at  work  and  welcomed  further  measures. 
Employers were, however, wary of obligations that would be imposed on them. In particular, 
social  partners  stressed  the  relevance  of  risk  assessments  in  preventing  and  combating 
violence against women. Trade unions and employers insisted on the importance of the role of 
social partners in this field. 

• 

Collection and use of expertise 

To  facilitate  the  preparatory  work,  the  Commission  contracted  a  supporting  study  by  an 
external  consultancy  firm.  Furthermore,  it  commissioned  the  European  network  of  legal 
experts in gender equality and non-discrimination to carry out a comparative analysis of the 
criminal  law  provisions  that  apply  to  gender-based  violence  against  women,  including 
domestic violence and cyber violence, at national level in Europe. Additionally, the European 
Institute for Gender Equality (EIGE) updated its 2014 study on the cost  of violence  against 
women.  These  materials  were  complemented  by  substantial  information  drawn  from  other 
existing sources, as indicated in Annex 1 of the impact assessment report.  

• 

Impact assessment 

In accordance with better regulation requirements, a Commission inter-service steering group 
chaired by the Secretariat-General was set up in September 2020 to support the preparation of 
this  initiative.  This  group  met  four  times  between  September  2020  and  October  2021,  and 
participated in several written consultations. 

The draft impact assessment considered a range of non-legislative and legislative measures to 
attain the objectives of the initiative. It assessed the effectiveness, efficiency and consistency 
of  each  selected  option  and  concluded  that  the  combination  of  measures  in  the  preferred 

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option  was  the  most  proportionate  and  consistent  in  light  of  the  general  and  specific 
objectives of this initiative. 

On  the  expected  impact  of  the  preferred  option,  the  quantitative  analysis  showed  positive 
economic impacts. The reduced prevalence of violence against women and domestic violence, 
in particular, could have economic benefits of around EUR 53.1 billion, potentially reaching 
around EUR 82.7 billion in the long term. The greatest potential for economic benefits is due 
to the reduction of the cost of physical and emotional harm to victims (an estimated reduction 
ranging  from  EUR 32.2  billion  to  EUR 64.5  billion).  Social  impacts  would  affect  various 
stakeholders,  namely  victims,  witnesses,  offenders,  companies,  national  authorities  and  the 
wider society. The preferred option would improve victims’ health, safety and quality of life 
(especially due to the measures on protection and support). It would also increase victims and 
witnesses’  awareness  of  and  access  to  information  on  protection  and  support  services. 
Measures on intervention programmes for offenders are expected to have a positive impact on 
offenders’ attitudes and behaviour. For employers, awareness and better understanding of and 
support  for  workers  who  are  victims  of  sex-based  harassment  at  work  would  enable  the 
development  of  a  safe  work  environment.  This  would  also  have  a  positive  impact  on 
productivity. National authorities would benefit from measures addressing legal uncertainties 
and  data  collection,  allowing  a  better  design  of  national  policies  to  prevent  and  combat 
violence  against  women  and  domestic  violence.  Increased  recognition  of  harmful  gender 
stereotypes and norms among the general public would have a positive impact on society as a 
whole.  

The draft impact assessment report was submitted to the Commission’s Regulatory Scrutiny 
Board  on  15  September  2021  and  discussed  on  13 October  2021.  Following  a  negative 
opinion  by  the  Board,  a  revised  version  of  the  report  was  submitted  on  1 December  2021. 
While  noting  the  efforts  made  to  improve  the  impact  assessment  report  in  response  to  its 
initial comments, the Board nevertheless on 12 January 2022 maintained its negative opinion.  

The  Board  considered  that  the  impact  assessment  report  (1)  did  not  sufficiently  present  the 
impact of several actions at EU and Member State level in the baseline scenario; (2) was not 
sufficiently  clear  on  the  overall  objectives  and  did  not  sufficiently  justify  the  need  for  a 
comprehensive  approach;  (3)  did  not  sufficiently  clearly  present  the  concrete  envisaged 
measures as well as the combinations of specific measures in the different options; (4) did not 
fully  incorporate  the  revised  set  of  options  in  the  revised  analysis  of  costs  and  benefits  and 
remained  unclear  in  the  comparison  of  options,  including  in  terms  of  criteria  and  scoring 
methodology  used;  and  (5)  did  not  sufficiently  assess  the  proportionality  of  the  preferred 
option, including the chosen lex specialis approach.  

The  current  proposal  is  based  on  a  further  assessment  of  some  of  the  issues  raised.  The 
measures taken to address the identified shortcomings are explained in the Commission staff 
working  document  Follow-up  to  the  second  opinion  of  the  Regulatory  Scrutiny  Board  and 
additional  information  (SWD(2022)  61,  hereinafter  “the  Staff  Working  Document).  In 
particular, the Staff Working Document explains how the baseline takes into account what has 
been achieved in this policy area at Member State level so far. In doing so, it responds also to 
the  Board’s  recommendation  to  present  a  more  comprehensive  analysis  of  the  gaps  in 
Member States’ implementation of the Istanbul Convention and in the lack of response to the 
evolution stemming – among others - from developments in the digital sphere.  

To address the comments regarding the lack of clear objectives, the Staff Working Document 
clarifies that the objective of the proposal is to prevent and combat violence against women 

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and domestic violence as criminal acts. The text of the proposed directive further outlines its 
main  objectives,  explaining  that  these  objectives  shall  be  achieved  by  criminalising  certain 
forms  of  violence  against  women  (including  rape,  female  genital  mutilation  and  offences 
concerning various forms of cyber violence) and by strengthening protection, access to justice 
and support of victims of violence, as well as violence prevention and coordination. 

With  regard  to  the  choice  of  the  policy  option,  the  Staff  Working  Document  provides 
evidence, based on the  evaluation  of relevant  EU acts  and the mapping  and gap analysis  of 
Member  State  legislation,  that  further  explains  why  a  comprehensive  approach  –  a  specific 
directive  on  violence  against  women  and  domestic  violence  –  was  chosen  rather  than  an 
amendment of existing horizontal instruments.    

The  working  methods  under  the  Better  Regulation  rules  of  the  European  Commission 
empower  the  Vice  President  for  Inter-Institutional  Relations  and  Foresight  to  approve  the 
continuation  of  an  initiative  that  has  been  subject  to  a  second  negative  opinion  by  the 
Regulatory  Scrutiny  Board.  It  is  important  to  flag  also  that  the  opinions  of  the  Regulatory 
Scrutiny  Board  are  an  assessment  of  the  quality  of  the  impact  assessment  and  not  an 
assessment of the related legislative proposal. 

The  Commission,  also  in  the  light  of  the  agreement  by  the  Vice-President  for  Inter-
Institutional  Relations  and  Foresight,  has  considered  it  opportune  to  proceed  with  the 
initiative for the following reasons:  

(1) 

(2) 

(3) 

the  political  importance  of  this  initiative  for  the  Commission  as  highlighted  in  the 
political guidelines; 

the  urgency  of  action  in  order  to  make  progress  on  preventing  and  combating 
violence  against  women  and  domestic  violence  as  well  as  gender-based  cyber 
violence, as also called for by the European Parliament; 

the  additional  clarifications  and  evidence  provided  satisfactorily  addressed  the 
shortcomings identified by the Regulatory Scrutiny Board and were considered in the 
adapted legal proposal. 

The current proposal is thus based on a further assessment of some of the issues raised by the 
Board. 

• 

Fundamental rights 

The proposed Directive will strengthen the protection of a number of fundamental rights, in 
particular:  

– 

the  right  to  life  (Article  2  of  the  Charter  of  Fundamental  Rights  of  the  European 
Union  –  ‘the  Charter’),  the  right  to  integrity  (Article  3  of  the  Charter),  the 
prohibition of inhuman or degrading treatment (Article 4 of the Charter), and the 
right  to  private  and  family  life  (Article  7  of  the  Charter),  the  right  to  personal 
data protection (Article 8 of the Charter), for example because it provides measures 
to  protect  victims,  their  private  life  and  personal  data  and  prevent  violence  by 
introducing  criminalisations,  ensuring protection  of persons at  risk (based on a  risk 
assessment  and  following  support  measures)  and  training  relevant  professionals  to 
recognise this kind of violence and respond appropriately; 

– 

the rights of the child (Article 24 of the Charter), for example by recognising child 
witnesses  as  direct  victims  of  violence  against  women  and  domestic  violence  and 

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– 

– 

– 

providing  for  specific  measures  to  protect  and  support  children,  and  that  cases  be 
handled in the best interests of the child;  

the  victim’s  right  to  an  effective  remedy  and  a  fair  trial  (Article  47  of  the 
Charter),  for  example  by  ensuring  more  effective  investigation  and  prosecution  of 
violence  against  women  and  domestic  violence  (e.g.  own-motion  prosecution  of 
certain  offences  and  as  a  matter  of  public  interest,  enabling  victims  to  report  cases 
online and introducing guidelines for law enforcement, and judicial authorities) and 
ensuring the victim’s right to  claim  for full compensation from  the offender and to 
obtain a decision in one single procedure.  

non-discrimination and equality between women and men (Articles 21 and 23 of 
the Charter), for example by treating violence against women and domestic violence 
as  a  severe  form  of  prohibited  discrimination  between  women  and  men,  and 
mitigating  the  risk  of  this  kind  of  violence  for  persons  in  vulnerable  situations  and 
groups at a heightened risk; by requiring targeted awareness-raising and information 
provision  activities  to  reach  out  to  groups  at  risk  and  to  facilitate  their  access  to 
support services.  

the rights to social assistance and healthcare (Article 34 and 35 of the Charter), for 
example  by  providing  for  specialist  support  services,  notably  to  victims  of  sexual 
violence (e.g. immediate medical support, the collection of forensic medical evidence 
in cases of rape, psychological counselling and trauma care). 

The proposed Directive duly takes into account the presumption of innocence and right of 
defence  (Article  48  of  the  Charter)  of  suspects,  and  the  principles  of  legality  and 
proportionality  of  criminal  offences  and  penalties  (Article  49  of  the  Charter).  On  the 
right to freedom of expression (Article 11 of the Charter), the provisions on the removal or 
blocking of illegal content are limited to what is strictly necessary and proportionate to attain 
the objective of the Directive. 

4. 

BUDGETARY IMPLICATIONS 

The proposed Directive is expected to give rise to the following costs for the EU budget: 

– 

– 

– 

– 

development and deployment of a data collection tool – one-off cost incurred by the 
European Institute for Gender Equality (‘EIGE’); 

technical  maintenance  and  operation  of  the  data  collection  tool  –  recurring  cost 
incurred by EIGE; 

development  and deployment of common data disaggregations and methodology in 
cooperation with Member States – recurring cost incurred by EIGE; 

development of guidelines to harmonise and standardise crime statistics on violence 
against women and domestic violence, supporting Member States in the gathering of 
data – recurring cost incurred by EIGE. 

The  costs  for  EIGE  are  explained  in  detail  in  the  accompanying  legislative  financial 
statement. In total, EIGE would require the following financial and human resources for the 
administrative data collection task: 

– 

– 

– 

EN 

one-off set-up cost – EUR 200 000; 

annual maintenance and operation cost – EUR 750 000; 

staff – one (in full-time equivalents) temporary agent as of 2025 and two (in full-time 
equivalents) contract agents as of 2025 (three in total). 

16 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Member  States  will  be  required  to  transpose  the  Directive  2  years  after  its  entry  into  force. 
They  will  be  required  to  communicate  to  the  Commission  their  national  implementation 
measures.  Furthermore,  Member  States  will  have  to  report  to  the  Commission  on  the 
Directive’s implementation 7 years after its entry into force. After this period, reporting must 
be carried out  at  regular intervals  in  the form of a questionnaire to  the  Member States. The 
strengthened  data  collection  requirements  under  this  proposal  will  form  the  basis  for 
monitoring  and  evaluation  of  the  impact  of the initiative  against  its  specific  objectives.  The 
monitoring and evaluation of the proposal will primarily be based on the current harmonised 
indicators developed by EIGE. This work will be supported and supplemented by the planned 
harmonisation  measures  on  the  collection  of  disaggregated  administrative  data  (including 
from law enforcement agencies, the judiciary, social and health services) and the obligation to 
conduct regular surveys on violence against women and domestic violence and send relevant 
data  to  the  Commission  (Eurostat).  The  details  will  be  described  in  a  monitoring  and 
enforcement plan that the Commission will draw up. 

• 

Detailed explanation of the specific provisions of the proposal 

Chapter 1 sets out general provisions, including the subject matter (Article 1) and particular 
attention  to  be  paid  to  victims  of  violence  against  women  and  domestic  violence  at  an 
increased risk of such violence (Article 2). The scope of the current proposal covers criminal 
offences  as  defined  therein,  acts  of  violence  against  women  or  domestic  violence  as 
criminalised under Union law or under national laws (Article 3). This Chapter also provides 
definitions of key terms used in the Directive (Article 4).  

Chapter 2 contains provisions on minimum rules on the definition of criminal offences and 
penalties  based  on  Article  83(1)  TFEU.  These  offences  concern  certain  forms  of  violence 
against  women  or  domestic  violence  that  amount  to  sexual  exploitation  of  women  or  to 
computer crime. Even though these offences disproportionately affect women, criminalisation 
under this chapter applies to all victims, including men and non-binary persons, except in the 
case  of  rape  and  female  genital  mutilation.  These  are  criminalised  at  EU-level  only  where 
perpetrated  against  women  or  children  due  to  the  legal  basis  in  Article  83(1)  TFEU,  which 
refers  to  sexual  exploitation  of  women  and  children  only.  The  chapter  includes  minimum 
harmonisation of the offences of rape against women (Article 5) and female genital mutilation 
(Article 6). In light of the fast pace of the current digital transformation and the increase of 
cyber violence, it also provides for minimum rules for certain computer crime offences: non-
consensual sharing of intimate or manipulated material (Article 7), offences concerning cyber 
stalking (Article 8), offences concerning cyber harassment (Article 9), and cyber incitement to 
hatred or violence (Article 10). Article 11 contains provisions on the incitement, aiding and 
abetting  and  attempt  of  such  offences.  Article  12  sets  the  minimum  level  of  the  maximum 
sanction  applicable  to  the  offences  defined  in  Articles  5  to  11,  and  Article  13  specifies  the 
aggravating  circumstances.  The  rules  on  jurisdiction  and  limitation  periods  are  found  in 
Articles 14 and 15. 

Chapter  3  concerns  the  protection  and  access  to  justice  of  victims  of  all  forms  of  violence 
against women or domestic violence. This chapter is applicable to all victims of offences of 
violence against women and domestic violence. While this proposal mainly focuses on types 
of  violence  disproportionately  affecting  women,  it  does  not  exclude  men  or  non-binary 
persons  from  benefitting  from  victims’  rights  if  they  become  victims  of  such  violence, 
including domestic violence.  

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This chapter includes rules on the reporting of violence against women and domestic violence 
to  ensure  that  such  offences  can  be  easily  brought  to  justice  (Article  16).  This  entails  the 
expedient  processing  of  such  reports  and  encouraging  that  such  offences  are  reported,  for 
example by removing in some cases obstacles imposed by confidentiality rules, ensuring that 
children can easily report offences and ensuring that undocumented persons and persons with 
uncertain  residence  status  do  not  fear  to  report  violence.  In  no  way  does  this  last  aspect 
introduce  under  this  Directive  a  right  to  a  residence  status  for  persons  reporting  violence. 
Article  17  ensures  that  offences  are  effectively  investigated  and  prosecuted,  that  there  are 
sufficient  expertise  and  resources,  and  that  offences  amounting  to  rape  are  prosecuted  ex 
officio.  This  chapter  introduces  an  individual  risk  assessment  to  identify  victims’  protection 
and support needs (Articles 18 and 19). This assessment shall be understood as an integrated 
part of the existing individual assessment under the Victims’ Rights Directive and is meant to 
be tailored to the specific needs of victims of violence against women and domestic violence. 
Article  20  sets  out  obligations  to  ensure  that  victims  are  referred  to  appropriate  support 
services, for example ensuring that support services reach out to victims proactively. At the 
same  time,  this  Article  aims  to  ensure  compliance  with  data  protection  rules.  Furthermore, 
this  chapter  lays  down  that  Member  States  provide  for  emergency  barring  and  protection 
orders  to  ensure  that  victims  are  effectively  protected  (Article  21).  Article  22  provides  that 
potential questions concerning the victim’s sexual past conduct  are  excluded in the criminal 
investigations  and  court  proceedings,  without  prejudice  to  the  rights  of  the  defence.  This 
chapter also contains the obligation to provide law enforcement and judicial authorities with 
guidelines to ensure that victims are treated appropriately throughout the proceedings and that 
cases  of  violence  against  women  and  domestic  violence  are  handled  appropriately  (Article 
23). This chapter also provides that national bodies, such as equality bodies, are competent to, 
for  example,  assist  and  give  advice  to  victims  of  violence  against  women  and  domestic 
violence – both severe forms of discrimination against women (Article 24). Such bodies are 
also  granted  legal  standing  to  act  on  behalf  of  victims  in  criminal  proceedings  where  they 
deem so appropriate. Article 25 ensures the removal of online content in relation to offences 
of cyber violence, and a possibility of judicial redress for affected users. The right of victims 
to claim compensation from the offender is covered by Article 26.   

Chapter  4  contains  the  provisions  on  victim  support,  which  victims  must  receive  before, 
during  and  for  an  appropriate  time  after  criminal  proceedings.  Article  27  lays  down  the 
specific  services,  arrangements  and  specific  resources  of  support  services  that  provide 
specialist services for victims of violence against women and domestic violence. This chapter 
further provides for specific and immediate support in rape crisis or sexual violence referral 
centres  (Article  28)  and  specialist  support  for  victims  of  female  genital  mutilation  (Article 
29). Member States should also ensure victims of sexual harassment at work can make use of 
counselling  services  external  to  the  work  place,  including  advice  for  employers  on  how  to 
address  such  offences  appropriately  (Article  30).  Member  States  must  set  up  national 
helplines for victims and ensure their operation under a harmonized EU level number (Article 
31). Specialised shelters or other interim accommodations are to be made available to victims 
indiscriminately to ensure they are assisted in returning to independent living after they have 
experienced  violence  (Article  32).  Furthermore,  Member  States  must  provide  appropriate 
protection and support to child victims, taking into account the child’s best interests (Article 
33). This includes providing safe places for children visiting with parent offenders, who have 
rights  of  access  (Article  34).  Article  35  provides  victims  who  belong  to  groups  at  risk  with 
safeguards, for example easier access for victims with disabilities.  

The  provisions  in  Chapter 5  focus  on  effectively  preventing  violence  against  women  and 
domestic violence. This includes the obligation to conduct awareness-raising campaigns and 

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research  and  education  programmes,  and  to  broadly  distribute  relevant  information 
(Article 36). Professionals that are most likely to come into contact with victims must receive 
training and targeted information. This aims to ensure that such professionals can respond in 
an appropriate manner and identify instances of violence, and that  responsible organisations 
can  effectively  coordinate  their  actions  (Article 37).  Article 38  provides  for  intervention 
programmes  available  also  for  voluntary  participation  by  persons  who  fear  that  they  would 
commit such crimes.  

Chapter 6 contains rules on the coordination of Member States’ national policies on violence 
against  women  and  domestic  violence,  but  also  provisions  on  EU-level  coordination.  To 
streamline  national  policies  and  ensure  an  effective  multi-level  response  to  these  types  of 
violence,  Article 39  requires  Member  States  to  designate  or  set  up  an  official  body  to 
coordinate  and  oversee  policies  in  this  area.  This  is  complemented  by  the  obligation  under 
Article 40  to  ensure  the  effective  coordination  and  cooperation  of  all  agencies  involved  in 
supporting victims. Non-governmental organisations are key players in providing support to 
victims  and  preventing  violence.  Under  Article 41,  Member  States  should  cooperate  with 
non-governmental  organisations  and  consult  them  on  relevant  policies.  To  ensure  cyber 
violence as defined in the current proposal is appropriately addressed, Member States are to 
facilitate the taking of self-regulatory measures by providers of intermediary services (Article 
42). Article 43 aims to facilitate cooperation between Member States to ensure an exchange of 
best  practice,  aiming  to  implement  this  Directive  as  effectively  as  possible.  Data  collection 
and research are essential in formulating appropriate policy measures in the field of violence 
against women and domestic violence. In order to ensure the availability of comparable data 
at  EU  level,  Article 44  provides  for  rules  on  data  collection  throughout  the  Member  States. 
Given EIGE’s expertise and ongoing work in the field, it is to support Member States in the 
development of a common methodology and the collection of data.   

Chapter 7 contains the final provisions of this Directive. Article 45 amends the Child Sexual 
Abuse  Directive  to  ensure  coherence  by  introducing  the  crime  of  penetration  for  sexual 
purposes, and clarifying that the circumstances in which consent cannot be validly given by a 
child above the age of sexual consent include those referred to in Article 5 of this proposal. 
Article  46  concerns  the  level  of  protection  and  Article  47  the  Member  States’  reporting 
obligations.  Article 48  clarifies  the  relationship  with  other  Directives  and  contains  non-
prejudice  clauses.  This  Article  clarifies  that  the  provisions  apply  in  addition  to  those  of  the 
Victims’ Rights Directive, the Anti-Trafficking Directive, the Child Sexual Abuse Directive 
and [the proposal for a Digital Services Act]. This means that victims should benefit from the 
protection  of  all  directives  applicable  to  them.    Article 49  includes  a  non-regression  clause. 
Article  50  contains  provisions  on  the  transposition  of  this  Directive.  Article 51  stipulates 
when the Directive will enter into force and Article 52 stipulates to whom it is addressed. 

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2022/0066 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on combating violence against women and domestic violence 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 82(2) and Article 83(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The purpose of this Directive is to provide a comprehensive framework to effectively 
combat violence against women and domestic violence throughout the Union. It does 
so by strengthening and introducing measures in the following areas: the definition of 
relevant  criminal  offences  and  penalties,  the  protection  of  victims  and  access  to 
justice, victim support, prevention, coordination and cooperation. 

Equality  between  women  and  men  and  non-discrimination  are  core  values  of  the 
Union  and  fundamental  rights  enshrined,  respectively,  in  Article  2  of  the  Treaty  on 
European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the 
European  Union  (the  ‘Charter’).  Violence  against  women  and  domestic  violence 
endanger these very principles, undermining women and girls’ rights to equality in all 
areas of life. 

Violence against women and domestic violence violate fundamental rights such as the 
right to human dignity, the right to life and integrity of the person, the prohibition of 
inhuman  or  degrading  treatment  or  punishment,  the  right  to  respect  for  private  and 
family  life,  personal  data  protection,  and  the  rights  of  the  child,  as  enshrined  in  the 
Charter of Fundamental Rights of the European Union. 

This  Directive  should  apply  to  criminal  conduct  which  amounts  to  violence  against 
women  or  domestic  violence,  as  criminalised  under  Union  or  national  law.  This 
includes  the  criminal  offences  defined  in  this  Directive,  namely  rape,  female  genital 
mutilation,  the  non-consensual  sharing  of  intimate  or  manipulated  material,  cyber 
stalking,  cyber  harassment,  cyber  incitement  to  violence  or  hatred  and  criminal 
conduct covered by other Union instruments, in particular Directives 2011/36/EU2 and 

1 
2 

OJ C , , p. . 
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and 
combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 

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20 

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2011/93/EU3  of  the  European  Parliament  and  of  the  Council,  which  define  criminal 
offences  concerning  the  sexual  exploitation  of  children  and  trafficking  of  human 
beings  for the purpose of sexual  exploitation. Lastly,  certain  criminal  offences under 
national law fall under the definition of violence against women. This includes crimes 
such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, 
forced  abortion,  forced  sterilisation  and  different  forms  of  cyber  violence,  such  as 
online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit 
material.  Domestic  violence  is  a  form  of  violence  which  may  be  specifically 
criminalised under national law or covered by criminal offences which are committed 
within the family or domestic unit or between former or current spouses. 

The measures under this Directive have been designed to address the specific needs of 
women  and  girls,  given  that  they  are  disproportionately  affected  by  the  forms  of 
violence covered under this Directive, namely violence against women and domestic 
violence.  This  Directive,  however,  acknowledges  that  other  persons  may  also  fall 
victim to these forms of violence and should benefit from the measures  provided for 
therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex 
or gender.  

Due to their vulnerability, children who witness violence against women or domestic 
violence suffer a direct emotional harm, which impacts their development. Therefore, 
such  children  should  be  considered  victims  and  benefit  from  targeted  protection 
measures. 

Violence  against  women  is  a  persisting  manifestation  of  structural  discrimination 
against  women,  resulting  from  historically  unequal  power  relations  between  women 
and men. It is a form of gender-based violence, which is inflicted primarily on women 
and girls, by men. It is rooted in the socially constructed roles, behaviours, activities 
and attributes that a given society considers appropriate for women and men, generally 
referred to under the term ‘gender’. 

Domestic violence is a serious social problem which often remains hidden. It can lead 
to  serious  psychological  and  physical  trauma  with  severe  consequences  because  the 
offender  typically  is  a  person  known  to  the  victims,  whom  they  would  expect  to  be 
able  to  trust.  Such  violence  can  take  on  various  forms,  including  physical,  sexual, 
psychological  and  economic.  Domestic  violence  may  occur  whether  or  not  the 
offender shares or has shared a household with the victim.   

In light of the specificities related to these types of crime it is necessary to lay down a 
comprehensive set of rules, which addresses the persisting problem of violence against 
women and domestic violence in a targeted manner and caters to the specific needs of 
victims  of  such  violence.  The  existing  provisions  at  Union  and  national  levels  have 
proven  to  be  insufficient  to  effectively  combat  and  prevent  violence  against  women 
and  domestic  violence.  In  particular,  Directives  2011/36/EU  and  2011/93/EU 
concentrate  on  specific  forms  of  such  violence,  while  Directive  2012/29/EU  of  the 
European Parliament and of the Council4 lays down the general framework for victims 

(5) 

(6) 

(7) 

(8) 

(9) 

3 

4 

Directive  2011/93/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on 
combating  the  sexual  abuse  and  sexual  exploitation  of  children  and  child  pornography,  and  replacing 
Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1–14. 
Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57). 

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of crime. While providing some safeguards for victims of violence against women and 
domestic violence, it is not set out to address their specific needs.  

(10)  This  Directive  supports  the  international  commitments  the  Member  States  have 
undertaken to combat and prevent violence against women and domestic violence, in 
particular  the  United  Nations  Convention  on  the  Elimination  of  all  forms  of 
Discrimination  Against  Women  (CEDAW)5  and,  where  relevant,  the  Council  of 
Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic  violence 
International  Labour 
Organization’s  Convention concerning the elimination of violence and harassment in 
the world of work, signed on 21 June 2019 in Geneva. 

(‘Istanbul  Convention’)6  and 

the 

(11)  Violence against women and domestic violence can be exacerbated where it intersects 
with  discrimination  based  on  sex  and  other  grounds  of  discrimination  prohibited  by 
Union  law,  namely  nationality,  race,  colour,  ethnic  or  social  origin,  genetic  features, 
language,  religion  or belief,  political  or any other opinion, membership of a national 
minority,  property,  birth,  disability,  age  or  sexual  orientation.  Member  States  should 
therefore  pay  due  regard  to  victims  affected  by  such  intersectional  discrimination, 
through  providing  specific  measures  where  intersecting  forms  of  discrimination  are 
present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) 
women,  women  with  disabilities  and  women  with  a  minority  racial  or  ethnic 
background are at a heightened risk of experiencing gender-based violence.  

(12)  Victims of violence against women and domestic violence are at an increased risk of 
intimidation,  retaliation,  secondary  and  repeat  victimisation.  Particular  attention 
should thus be paid to these risks and to the need to protect the dignity and physical 
integrity of such victims. 

(13)  Rape is one of the most serious offences breaching a person’s sexual integrity and is a 
crime that disproportionately affects women. It entails a power imbalance between the 
offender and the victim, which allows the offender to  sexually exploit the victim for 
purposes  such  as  personal  gratification,  asserting  domination,  gaining  social 
recognition, advancement or possibly financial gain. Many Member States still require 
the use of force, threats or coercion for the crime of rape. Other Member States solely 
rely on the condition that the victim has not consented to the sexual act. Only the latter 
approach achieves the full protection of the sexual integrity of victims. Therefore, it is 
necessary  to  ensure  equal  protection  throughout  the  Union  by  providing  the 
constitutive elements of the crime of rape of women.  . 

(14)  Rape should explicitly include all types of sexual penetration, with any bodily part or 
object.  The  lack  of  consent  should  be  a  central  and  constitutive  element  of  the 
definition  of  rape,  given  that  frequently  no  physical  violence  or  use  of  force  is 
involved in its perpetration. Initial consent should be withdrawable at any given time 
during  the  act,  in  line  with  the  sexual  autonomy  of  the  victim,  and  should  not 
automatically imply consent for future acts. Non-consensual sexual penetration should 
constitute rape even where committed against a spouse or intimate partner. 

(15)  With  regard  to  offences  amounting  to  rape,  offenders  who  have  been  previously 
convicted  of  offences  of  the  same  nature  should  be  obliged  to  participate  in 
intervention programmes to mitigate the risk of recidivism.  

5 
6 

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 
Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),  
Council of Europe, 2011.  

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(16) 

(17) 

In order to address the irreparable and lifelong damage female genital mutilation has 
on  victims,  this  offence  should  be  specifically  and  adequately  addressed  in  the 
criminal laws. Female genital mutilation is an exploitative practice that pertains to the 
sexual organs of a girl or a woman and that is performed for the purpose of preserving 
and asserting domination over women and girls and exerting social control over girls 
and  women’s  sexuality.  It  is  sometimes  performed  in  the  context  of  child  forced 
marriage  or  domestic  violence.  Female  genital  mutilation  may  occur  as  a  traditional 
practice which some communities perform on their female members. It  should cover 
practices undertaken for non-medical reasons. The term “excising” should refer to the 
partial  or  total  removal  of  the  clitoris  and  the  labia  majora.  “Infibulating”  should 
cover the closure of the labia majora by partially sewing together the outer lips of the 
vulva  in  order  to  narrow  the  vaginal  opening.  The  term  “performing  any  other 
mutilation” should refer to all other physical alterations of the female genitals. 

It  is  necessary  to  provide  for  harmonised  definitions  of  offences  and  penalties 
regarding  certain  forms  of  cyber  violence.  Cyber  violence  particularly  targets  and 
impacts  women  politicians,  journalists  and  human  rights  defenders.  It  can  have  the 
effect  of  silencing  women  and  hindering  their  societal  participation  on  an  equal 
footing with  men. Cyber violence also  disproportionately affects  women and girls  in 
educational  settings, such as schools and universities, with  detrimental  consequences 
to their further education and to their mental health, which may, in extreme cases, lead 
to suicide.  

(18)  The  use  of  information  and  communication  technologies  bears  the  risk  of  easy,  fast 
and  wide-spread  amplification  of  certain  forms  of  cyber  violence  with  the  effect  of 
creating or enhancing profound and long-lasting harm for the victim. The potential for 
such amplification, which is a pre-requisite for the perpetration of several offences of 
cyber  violence  defined  under  this  Directive,  should  be  reflected  by  the  element  of 
information  and  communication 
making  certain  material  accessible, 
technologies, to a ‘multitude’ of end-users. The term ‘multitude’ should be understood 
as  referring  to  reaching  a  significant  number  of  end-users  of  the  technologies  in 
question,  thus  allowing  for  significant  access  to,  and  potential  further  distribution  of 
that material. That term should be interpreted and applied having regard to the relevant 
circumstances,  including  the  technologies  used  to  make  that  material  accessible  and 
the means these technologies offer for amplification. 

through 

(19)  Especially due to its tendency for easy, swift and broad distribution and perpetration, 
as well as its intimate nature, the non-consensual making accessible of intimate images 
or  videos  and  material  that  depict  sexual  activities,  to  a  multitude  of  end-users,  by 
means  of  information  and  communication  technologies,  can  be  very  harmful  for  the 
victims.  The  offence  provided  for  in  this  Directive  should  cover  all  types  of  such 
material, such as images, photographs and videos, including sexualized images, audio 
clips and video clips. It should relate to situations where the making accessible of the 
material  to  a  multitude  of  end-users,  through  information  and  communication 
technologies,  occurs  without  the  victim’s  consent,  irrespective  of  whether  the  victim 
consented to the generation of such material or may have transmitted it to a particular 
the  non-consensual  production  or 
include 
person.  The  offence  should  also 
manipulation, for instance by image editing, of material that makes it appear as though 
another person is engaged in sexual activities, insofar as the material is subsequently 
made accessible to a multitude of end-users, through information and communication 
technologies,  without  the  consent  of  that  person.  Such  production  or  manipulation 
should  include  the  fabrication  of  ‘deepfakes’,  where  the  material  appreciably 

EN 

23 

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resembles  an  existing  person,  objects,  places  or  other  entities  or  events,  depicting 
sexual activities of another person, and would falsely appear to others to be authentic 
or truthful. In the interest of effectively protecting victims of such conduct, threatening 
to engage in such conduct should be covered as well.  

(20)  Cyber stalking is a modern form of violence which is often perpetrated against family 
members or persons living in the same household, but also perpetrated by ex-partners 
or  acquaintances.  Typically,  technology  is  misused  by  the  offender  to  proceed  to 
intensify  coercive  and  controlling  behaviour,  manipulation  and  surveillance,  thereby 
increasing  the  victim’s  fear,  anxiety  and  gradual  isolation  from  friends  and  family. 
Therefore,  minimum  rules  on  cyber  stalking  should  be  established.  The  offence  of 
cyber  stalking  should  cover  the  continuous  surveillance  of  the  victim  without  their 
consent  or  legal  authorisation  by  means  of  information  and  communication 
technologies. This might be enabled by processing the victim’s personal data, such as 
through identity theft or the spying out of such data on their various social media or 
messaging  platforms,  their  emails  and  phone,  stealing  passwords  or  hacking  their 
devices  to  access  their  private  spaces,  via  the  installation  of  geo-localisation  apps, 
including stalkerware, or via stealing their devices. Furthermore, stalking should cover 
the  monitoring  of  victims,  without  that  person’s  consent  or  authorisation,  via 
technology  devices  connected  through  the  Internet  of  Things,  such  as  smart  home 
appliances. 

(21)  Minimum  rules  concerning  the  offence  of  cyber  harassment  should  be  laid  down  to 
counter initiating an attack with third parties or participating in such an attack directed 
at  another  person,  by  making  threatening  or  insulting  material  accessible  to  a 
multitude of end-users. Such broad attacks, including coordinated online mob attacks, 
may  morph  into  offline  assault  or  cause  significant  psychological  injury  and  in 
extreme  cases  lead  to  suicide  of  the  victim.  They  often  target  prominent  (female) 
politicians,  journalists  or  otherwise  well-known  persons,  but  they  can  also  occur  in 
different contexts, for instance on campuses or in schools. Such online violence should 
be  addressed  especially  where  the  attacks  occur  on  a  wide-scale,  for  example  in  the 
form of pile-on harassment by a significant amount of people.    

(22)  The  increase  in  internet  and  social  media  usage  has  led  to  a  sharp  rise  in  public 
incitement  to  violence  and  hatred,  including  based  on  sex  or  gender,  over  the  past 
years.  The  easy,  fast  and  broad  sharing  of  hate  speech  through  the  digital  word  is 
reinforced  by  the  online  disinhibition  effect,  as  the  presumed  anonymity  on  the 
internet  and  sense  of  impunity  reduce  people’s  inhibition  to  engage  in  such  speech. 
Women are often the target of sexist and misogynous hate online, which can escalate 
into  hate  crime  offline.  This  needs  to  be  intercepted  at  an  early  stage.  The  language 
used in this type of incitement does not always directly refer to the sex or gender of 
the  targeted  person(s),  but  the  biased  motivation  can  be  inferred  from  the  overall 
content or context of the incitement.  

(23)  The offence of cyber incitement to violence or hatred presupposes that the incitement 
is  not  expressed  in  a  purely  private  context,  but  publicly  through  the  use  of 
information  and  communication 
require 
dissemination  to  the  public,  which  should  be  understood  as  entailing  the  making 
accessible, through information and communications technologies, of a given item of 
material  inciting  to  violence  or  hatred  to  a  potentially  unlimited  number  of  persons, 
namely  making  the  material  easily  accessible  to  users  in  general,  without  requiring 
further action by the person who provided the material, irrespective of whether those 
persons actually access the information in question. Accordingly, where access to the 

technologies.  Therefore, 

it  should 

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24 

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material  requires  registration  or  admittance  to  a  group  of  users,  that  information 
should  be  considered  to  be  disseminated  to  the  public  only  where  users  seeking  to 
access the material are automatically registered or admitted without a human decision 
or  selection  of  whom  to  grant  access.  In  assessing  whether  material  qualifies  as 
amounting to  incitement to  hatred or violence, the competent  authorities should take 
into account  the fundamental rights  to  freedom  of expression as  enshrined in  Article 
11 of the Charter. 

(24)  Victims  should  be  able  to  report  crimes  of  violence  against  women  or  domestic 
violence easily without being subject to secondary or repeat victimisation. To this end, 
Member States should provide the possibility to submit complaints online or through 
other  information  and  communication  technologies  for  the  reporting  of  such  crimes. 
Victims  of cyber violence should be able to  upload materials  relating to  their report, 
such as screenshots of the alleged violent behaviour.  

(25) 

In  the  case  of  domestic  violence  and  violence  against  women,  especially  when 
committed by close family members or intimate partners, victims may be under such 
duress by the offender that they fear to reach out to the competent authorities, even if 
their lives are in danger. Therefore, Member States should ensure their confidentiality 
rules  do  not  constitute  an  obstacle  for  relevant  professionals,  such  as  healthcare 
professionals,  to  report  to  the  competent  authorities,  where  they  have  reasonable 
grounds to believe that the life of the victim is at an imminent risk of serious physical 
harm. Similarly, instances of domestic violence  or violence  against women affecting 
children  are  often  only  intercepted  by  third  parties  noticing  irregular  behaviour  or 
physical harm to the child. Children need to be effectively protected from such forms 
of violence and adequate measures promptly taken. Therefore,  relevant  professionals 
coming in contact with child victims or potential child victims, including healthcare or 
education  professionals,  should  equally  not  be  constrained  by  confidentiality  where 
they  have  reasonable  grounds  to  believe  that  serious  acts  of  violence  under  this 
Directive  have  been  committed  against  the  child  or  further  serious  acts  are  to  be 
expected.  Where  professionals  report  such  instances  of  violence,  Member  States 
should ensure that they are not held liable for breach of confidentiality. 

(26) 

In  order  to  tackle  underreporting  in  the  cases  when  the  victim  is  a  child,  safe  and 
child-friendly  reporting  procedures  should  be  established.  This  can 
include 
questioning by competent authorities in simple and accessible language.  

(27)  Delays in processing complaints of violence against women and domestic violence can 
bear  particular  risks  to  victims  thereof,  given  that  they  might  still  be  in  immediate 
danger  given  that  offenders  might  often  be  close  family  members  or  spouses. 
Therefore, the competent authorities should have the sufficient expertise and effective 
investigative tools to investigate and prosecute such crimes.  

(28)  Victims  of  domestic  violence  and  violence  against  women  are  typically  in  need  of 
immediate protection or specific support, for example in  the case of intimate partner 
violence,  where  the  rate  of  recidivism  tends  to  be  high.  Therefore,  an  individual 
assessment  to  identify  the  victim’s  protection  needs  should  be  conducted  upon  the 
very  first  contact  of  competent  authorities  with  the  victim  or  as  soon  as  suspicion 
arises that the person is a victim of violence against women or domestic violence. This 
can be done before a victim has formally reported an offence or proactively if a third 
party reports the offence.  

(29)  When assessing the victim’s protection and support needs, the primary concern should 
lie  in  safeguarding  the  victim’s  safety  and  providing  tailored  support,  taking  into 

EN 

25 

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(30) 

account,  among  other  matters,  the  individual  circumstances  of  the  victim.  Such 
circumstances requiring special attention could include the victim’s pregnancy or the 
victim’s dependence on or relationship to the offender. 

In  order  to  ensure  comprehensive  support  and  protection  to  victims,  all  competent 
authorities and relevant bodies, not limited to law enforcement and judicial authorities, 
should be involved in assessing the risks for victims and appropriate support measures 
on the basis of clear guidelines issued by the Member States. Such guidelines should 
include factors to be taken into consideration when assessing the risk emanating from 
the offender or suspect, including the consideration that suspects charged with minor 
offences  are  as  likely  to  be  dangerous  as  those  charged  with  more  severe  offences, 
especially in cases of domestic violence and stalking.  

(31)  Due to their vulnerability to secondary and repeat victimisation, to intimidation and to 
retaliation,  and  the  fact  that  they  suffer  emotional  harm  that  prejudices  their 
development,  the  victim’s  children  should  receive  the  same  protection  measures  as 
those  accorded  to  the  victim.  Other  persons  dependant  on  the  victim,  such  as  adults 
with  disabilities  or  older  dependant  adults  for  whom  the  victim  provides  care,  may 
experience  similar  emotional  harm  and  should  thus  be  accorded  the  same  protection 
measures.  

(32)  Victims of violence against women and domestic violence are often in need of specific 
support. To ensure they effectively receive offers of support, the competent authorities 
should  refer  victims  to  appropriate  support  services.  This  should  in  particular  be  the 
case where an individual assessment has found particular support needs of the victim. 
In that case, support services should be able to reach out to the victim even without the 
victim’s consent. For the processing of related personal data by competent authorities, 
Member  States  should  ensure  that  it  is  based  on  law,  in  accordance  with  Article 
6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of 
the  European  Parliament  and  of  the  Council7.  Such  laws  should  include  appropriate 
personal  data  safeguards  that  respect  the  essence  of  the  right  to  data  protection  and 
provide for suitable and specific measures to safeguard the fundamental rights and the 
interests  of  the  individuals.  Where  competent  authorities  transfer  victims’  personal 
data  to  support  services  for  victims’  referral,  they  should  ensure  that  the  data 
transferred is limited to what is necessary to inform the services of the circumstances 
of the case, so that victims receive appropriate support and protection. 

(33)  Member  States  should  take  the  necessary  measures  to  ensure  the  availability  of 
emergency barring, restraining and protection orders to ensure effective protection of 
victims and their dependants.  

(34)  Member  States  should  ensure  that  emergency  barring  orders  may  be  issued  in 
situations  of  immediate  danger,  such  as  where  harm  is  imminent  or  has  already 
materialised and is likely to be inflicted again. 

(35)  Protection  orders  may  include  prohibiting  the  offender  or  suspect  to  access  certain 
localities; to approach the victim or dependant closer than a prescribed distance or to 
contact them, including through the use of online interfaces and to possess firearms or 
deadly weapons, where necessary.  

7 

Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such  data,  and  repealing  Directive  95/46/EC  (General  Data  Protection  Regulation)  (Text  with  EEA 
relevance), (OJ L 119, 4.5.2016, p. 1–88). 

EN 

26 

  EN 

                                                 
(36) 

In  order  to  safeguard  the  effectiveness  of  emergency  barring,  restraining  and 
protection  orders,  breaches  of  such  orders  should  be  subject  to  penalties.  Those 
penalties  can  be  of  a  criminal  law  or  other  legal  nature  and  may  include  prison 
sentences,  fines  or  any  other  legal  penalty  that  is  effective,  proportionate  and 
dissuasive. 

(37)  Presenting evidence of past  sexual  behaviour to  challenge the credibility  and lack of 
consent  of  victims  in  sexual  violence  cases,  especially  rape  cases,  may  reinforce  the 
perpetuation  of  damaging  stereotypes  of  victims  and  lead  to  repeat  or  secondary 
victimisation.  Therefore,  without  prejudice  to  the  rights  of  defence,  questions, 
enquiries  and  evidence  concerning  past  sexual  conduct  of  the  victim  should  not  be 
permitted in criminal investigations and court proceedings. 

(38)  Given  the  complexities  and  gravity  of  offences  of  violence  against  women  and 
domestic violence and specific support needs of victims, Member States should ensure 
additional support and prevention of such offences is provided by designated bodies. 
Given their expertise in matters of discrimination on grounds of sex, national equality 
bodies,  set  up  in  accordance  with  Directives  2004/113/EC8,  2006/54/EC9  and 
2010/41/EU10 of the European Parliament and of the Council, are well placed to fulfil 
these tasks. Such bodies should in addition have legal standing to act on behalf or in 
support  of  victims  of  all  forms  of  violence  against  women  or  domestic  violence  in 
judicial  proceedings,  including  for  the  application  for  compensation  and  removal  of 
online illegal content, with the victims’ approval. This should include the possibility of 
acting  on  behalf  or  in  support  of  several  victims  together.  To  enable  these  bodies  to 
effectively carry out their tasks, Member States should ensure that they are provided 
with sufficient human and financial resources.  

(39)  Certain  offences  covered  by  this  Directive  involve  the  increased  risk  of  repeated, 
prolonged or even continuous victimisation. That risk occurs especially in relation to 
offences  involving  the  making  accessible  to  a  multitude  of  end-users,  through 
information  and  communication  technologies,  of  material,  resulting  from  certain 
offences of cyber violence, considering the ease and  speed with which such material 
can be distributed on a large scale and the difficulties that often exist when it comes to 
removing such material. That risk typically remains even after a conviction. Therefore, 
in  order to  effectively safeguard the rights  of the victims  of those offences,  Member 
States  should  be  required  to  take  suitable  measures  aimed  at  the  removal  of  the 
material  in  question.  Considering  that  removal  at  the  source  may  not  always  be 
feasible, for instance because of legal or practical difficulties relating to the execution 
or  enforcement  of  an  order  to  remove,  Member  States  should  also  be  allowed  to 
provide for measures to disable access to such material.  

(40)  Those measures should include, in particular, empowering national judicial authorities 
to  issue  orders  to  providers  of  intermediary  services  to  remove,  or  also  to  disable 

8 

9 

10 

Council  Directive  2004/113/EC  of  13  December  2004  implementing  the  principle  of  equal  treatment 
between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 
37). 
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the 
principle of equal opportunities and equal treatment of men and women in matters of employment and occupation 
(recast), (OJ L204, 26.7.2006, p. 23). 
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application  
of the principle of equal treatment between men and women engaged in an activity in a self-employed 
capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1). 

EN 

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access to, one or more specific items of the material in question. Those orders should 
be  issued  upon  a  sufficiently  reasoned  and  substantiated  request  of  the  victim. 
Considering the speed with which such material can spread online and the time it can 
take  to  complete  criminal  proceedings  against  the  persons  suspected  of  having 
committed  the  relevant  offences,  it  is  necessary  for  the  effective  protection  of  the 
victims’ rights  to  provide for the possibility of issuing, subject  to certain conditions, 
such  orders  by  means  of  interim  measures,  even  prior  to  the  termination  of  such 
criminal proceedings.   

(41)  Any  such  measures  to  remove  or  disable  access,  including  in  particular  such  orders, 
are liable to affect the right and interests of other parties than the victims, such as the 
persons providing the material, the intermediary service providers whose services may 
be used and the end-users of those services, as well the general interest. Therefore, it 
should  be  ensured  that  those  orders  and  other  measures  can  only  be  taken  in  a 
transparent manner and that adequate safeguards are provided for, so as to ensure that 
they remain limited to what is necessary and proportionate, legal certainty is ensured, 
all affected parties  can exercise their right  to  effective judicial redress  in accordance 
with national law, and a fair balance is struck between all rights and interests involved, 
including  the  fundamental  rights  of  all  parties  concerned  in  compliance  with  the 
Charter. A careful weighting of all rights and interests at stake on a case-by-case basis 
is particularly important in proceedings for interim measures. Those orders should, as 
a  general  rule,  be  addressed  to  the  specific  provider  of  intermediary  services  that  is 
best placed to act, in particular so as to limit any possible negative effects for freedom 
of expression and information. 

(42)  The  provisions  of  this  Directive  on  orders  and  other  measures  for  the  removal  and 
disabling  access  to  relevant  material  should  leave  the  relevant  rules  contained  in 
Regulation  XX/YYYY  [proposed  DSA  Regulation]  unaffected.  In  particular,  those 
orders  should  comply  with  the  prohibition  of  imposing  general  obligations  of 
monitoring or active fact-finding and with the specific requirements of that Regulation 
regarding orders to remove illegal content online.  

(43)  Considering the potential importance of material that may be the object of the orders 
or  other  measures  taken  under  this  Directive  to  remove  or  disable  access  thereto  for 
investigating  or  prosecuting  the  relevant  offences  under  criminal  law,  the  necessary 
measures should be taken to allow the competent authorities to obtain or secure such 
material,  where  necessary.  Those  measures  could  consist,  for  example,  of  requiring 
relevant intermediary service providers to transmit the material to those authorities or 
to preserve the material for a limited period that does not go beyond what is necessary. 
Any such measures should ensure the security of the material, remain limited to what 
is reasonable and comply with the applicable rules on the protection of personal data. 

(44) 

In  order  to  avoid  secondary  victimisation,  victims  should  be  able  to  obtain 
compensation in the course of criminal proceedings. Compensation from the offender 
should be full and should not be restricted by a fixed upper limit. It should cover all 
harm and  trauma experienced by victims and costs incurred to  manage the damages, 
including  among  other  things  therapy  costs,  impact  on  the  victim’s  employment 
situation,  loss  of  earnings,  psychological  damages,  and  moral  prejudice  due  to  the 
violation  of  dignity.  The  amount  of  compensation  should  reflect  that  victims  of 
domestic  violence  may  have  to  uproot  their  lives  in  order  to  seek  safety,  entailing  a 
possible change of employment or finding new schools for children or even creating a 
new identity.  

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(45)  Assistance  and  support  to  victims  of  violence  against  women  and  domestic  violence 
should  be  provided  before,  during  and  for  an  appropriate  period  after  the  criminal 
proceedings  have  ended,  for  example  where  medical  treatment  is  still  needed  to 
address  the  severe  physical  or  psychological  consequences  of  the  violence,  or  if  the 
victim’s safety is at risk in particular due to the statements made by the victim in those 
proceedings. 

(46)  Specialised support services should provide support to victims of all forms of violence 
against  women  and  domestic  violence,  including  sexual  violence,  female  genital 
mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of 
various forms of cyber violence.  

(47)  Specialist  support  should  offer  victims  support  tailored  to  their  specific  needs,  and 
irrespective of any official complaint. Such services could be provided in addition to, 
or as an integrated part of, general victim support services, which may call on existing 
entities  providing  specialist  support.  Specialist  support  may  be  provided  by  national 
authorities,  victims’  support  organisations,  or  other  non-governmental  organisations. 
They  should  be  granted  sufficient  human  and  financial  resources  and,  where  the 
services  are  provided  by  non-governmental  organisations,  Member  States  should 
ensure that they receive appropriate funds. 

(48)  Victims  of  domestic  violence  and  violence  against  women  typically  have  multiple 
protection  and  support  needs.  In  order  to  address  these  effectively,  Member  States 
should provide such services at the same premises, or have such services coordinated 
through  a  central  contact  point.  To  ensure  also  victims  in  remote  areas  or  unable  to 
physically  reach  such  centres  are  reached,  Member  States  should  provide  for  online 
access  to  such  services.  This  should  entail  setting  up  a  single  and  updated  website 
where  all  relevant  information  on  and  access  to  available  support  and  protection 
services is provided (one-stop online access). The website should follow accessibility 
requirements for persons with disabilities. 

(49)  Specialist  support  services,  including  shelters  and  rape  crisis  centres,  should  be 
considered  essential  during  crises  and  states  of  emergency,  including  during  health 
crises.  These  services  should  continue  to  be  offered  in  these  situations,  where 
instances of domestic violence and violence against women tend to surge. 

(50)  The  traumatic  nature  of  sexual  violence,  including  rape,  requires  a  particularly 
sensitive  response  by  trained  and  specialised  staff.  Victims  of  this  type  of  violence 
need immediate medical care and trauma support  combined with  immediate forensic 
examinations  to  collect  the  evidence  needed  for  prosecution.  Rape  crisis  centres  or 
sexual  violence  referral  centres  should  be  available  in  sufficient  numbers  and 
adequately  spread  over  the  territory  of  each  Member  State.  Similarly,  victims  of 
female genital mutilation, who are often girls, typically are in need of targeted support. 
Therefore,  Member  States  should  ensure  they  provide  dedicated  support  tailored  to 
these victims.   

(51)  Harassment  at  work is  considered  as discrimination  on  grounds  of sex by Directives 
2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work has 
significant  negative  consequences  both  for  the  victims  and  the  employers,  advice  on 
adequately addressing such instances at the workplace, on legal remedies available to 
the employer to remove the offender from the workplace and providing the possibility 
of  early  conciliation,  if  the  victim  so  wishes,  should  be  provided  by  external 
counselling services to both victims and employers.     

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  EN 

(52)  Member  States  should  ensure  that  national  helplines  are  operated  under  the  EU-
harmonised  number  [116016]  and  this  number  is  widely  advertised  as  a  public 
number,  free  of  charge  and  available  round-the-clock.  The  support  provided  should 
include crisis counselling and should be able to refer to face-to-face services, such as 
shelters, counselling centres or the police. 

(53)  Shelters play a vital role in protecting victims from acts of violence. Beyond providing 
a  safe  place  to  stay,  shelters  should  provide  the  necessary  support  concerning 
interlocking problems related to victims’ health, financial situation and the well-being 
of their children, ultimately preparing victims for an autonomous life. 

(54)  To  effectively  address  negative  consequences  for  child  victims,  support  measures  to 
children  should  include  age-appropriate  psychological  counselling,  together  with 
paediatric  care  where  necessary,  and  be  provided  as  soon  as  competent  authorities 
have  reasonable  grounds  to  believe  that  children  might  have  been  victims,  including 
child witnesses of violence. In the provision of support to child victims, the rights of 
the child, as laid down in Article 24 of the Charter, should be a primary consideration. 

(55) 

In  order  to  ensure  the  safety  of  children  during  possible  visits  with  an  offender  or 
suspect who is a holder of parental responsibility with rights of access, Member States 
should  ensure  that  supervised  neutral  places,  including  child  protection  or  welfare 
offices, are made available so that such visits can take place there in the best interests 
of the child. If needed, the visits should take place in the presence of child protection 
or  welfare  officials.  Where  it  is  necessary  to  provide  for  interim  accommodation, 
children  should  as  a  priority  be  accommodated  together  with  the  holder  of  parental 
responsibility who is not the offender or suspect, such as the child’s mother. The best 
interest of the child should be always taken into account. 

(56)  Victims with specific needs and groups at risk of violence against women or domestic 
violence,  such as women with disabilities, women with dependant residence status or 
permit, undocumented migrant women, women applicants for international protection, 
women  fleeing  armed  conflict,  women  affected  by  homelessness,  with  a  minority 
racial  or  ethnic  background,  living  in  rural  areas,  women  sex  workers,  detainees,  or 
older women, should receive specific protection and support. 

(57)  Women  with  disability  disproportionately  experience  violence  against  women  and 
domestic  violence  and  due  to  their  disability  often  have  difficulties  in  accessing 
protection  and  support  measures.  Therefore,  Member  States  should  ensure  they  can 
benefit  fully  from  the  rights  set  out  in  this  Directive,  on  an  equal  basis  with  others, 
while  paying  due  attention  to  the  particular  vulnerability  of  such  victims  and  their 
likely difficulties to reach out for help.   

(58)  Member  States  should  ensure  that  preventive  measures,  such  as  awareness-raising 
campaigns,  are  taken  to  counter  violence  against  women  and  domestic  violence.  
Prevention  should  also  take  place  in  formal  education,  in  particular,  through 
strengthening  sexuality  education  and  socio-emotional  competencies,  empathy  and 
developing healthy and respectful relationships. 

(59)  Member  States  should  take  measures  to  prevent  the  cultivation  of  harmful  gender 
stereotypes  to  eradicate  the  idea  of  the  inferiority  of  women  or  stereotyped  roles  of 
women  and  men.  This  could  also  include  measures  aimed  at  ensuring  that  culture, 
custom, religion, tradition or honour is not perceived as a justification for, or a more 
lenient  treatment  of,  offences  of  violence  against  women  or  domestic  violence. 
Considering that from a very young age onwards, children are exposed to gender roles 

EN 

30 

  EN 

(60) 

(61) 

(62) 

(63) 

that shape their self-perception and influence their academic and professional choices 
as  well  as  expectations  of  their  roles  as  women  and  men  throughout  their  life,  it  is 
crucial to address gender stereotypes as of early-childhood education and care. 

In  order  to  ensure  victims  of  violence  against  women  and  domestic  violence  are 
identified  and  receive  appropriate  support,  Member  States  should  ensure  that 
professionals  likely  to  come  into  contact  with  victims  receive  training  and  targeted 
information. Trainings should cover the risk and prevention of intimidation, repeat and 
secondary  victimisation  and  the  availability  of  protection  and  support  measures  for 
victims. To prevent and appropriately address instances of sexual harassment at work, 
persons with supervisory functions should also receive training. These trainings should 
also  cover  assessments  regarding  sexual  harassment  at  work  and  associated 
psychosocial safety and health risks as referred to under Directive 89/391/EEC of the 
European  Parliament  and  of  the  Council11.  Training  activities  should  also  cover  the 
risk  of  third  party  violence.  Third  party  violence  refers  to  violence  which  staff  may 
suffer at the workplace,  not at the hands of a co-worker, and includes cases, such as 
nurses sexually harassed by a patient. 

In  order  to  counteract  underreporting,  Member  States  should  also  liaise  with  law 
enforcement authorities in the development of trainings in particular regarding harmful 
gender  stereotypes,  but  also  in  the  prevention  of  offences,  given  their  typical  close 
contact with groups at risk of violence and victims.  

Intervention  programmes  should  be  set  up  to  prevent  and  minimise  the  risk  of 
(repeated) offences of violence against women or domestic violence. The programmes 
should specifically aim at teaching offenders or those at risk of offending how to adopt 
non-violent  behaviour  in  interpersonal  relationships  and  how  to  counter  violent 
behavioural  patterns.  Programmes  should  encourage  offenders  to  take  responsibility 
for their actions and examine their attitudes and beliefs towards women.  

In  order  to  ensure  that  victims  of  the  offences  of  cyber  violence  contained  in  this 
Directive  can  effectively  realise  their  rights  to  have  illegal  material  relating  to  such 
offences  removed,  Member  States  should  encourage  the  cooperation  between 
providers  of  intermediary  services.  To  ensure  that  such  material  is  detected  early  on 
and tackled effectively and that victims of those offences are adequately assisted and 
supported,  Member  States  should  also  facilitate  the  establishment  or  use  of  existing 
self-regulatory measures of a voluntary nature, such as codes of conduct, including on 
the detection of systematic risks in relation to such cyber violence and the training of 
the providers’ employees concerned by preventing such violence and assisting victims.   

(64)  Policies to adequately tackle violence against women and domestic violence can only 
be  formulated  on  the  basis  of  comprehensive  and  comparable  disaggregated  data.  In 
order  to  effectively  monitor  developments  in  the  Member  States  and  fill  the  gaps  of 
comparable  data,  Member  States  should  regularly  conduct  surveys  using  the 
harmonised  methodology  of  the  Commission  (Eurostat)  to  gather  data  and  transmit 
these data to the Commission (Eurostat).  

(65)  Member  States  should  ensure  that  the  data  collected  are  limited  to  what  is  strictly 
necessary  in  relation  to  supporting  the  monitoring  of  the  prevalence  and  trends  of 

11 

Council Directive 89/391/EEC of the European Parliament and of the Council  of 12 June 1989 on the 
introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 
183, 29.6.1989, p. 1). 

EN 

31 

  EN 

                                                 
violence against women and domestic violence and design new policy strategies in this 
field. When sharing the data collected, no personal data should be included.   

(66)  Any  processing  of  personal  data  carried  out  pursuant  to  this  Directive,  including  the 
exchange  or  transmission  of  personal  data  by  the  competent  authorities,  should  be 
carried out  in  accordance with  Regulation (EU)  2016/679,  Directives 2016/680/EU12 
and 2002/58/EC13 of the European Parliament and of the Council. Any processing of 
personal data by Union institutions, bodies, offices or agencies should be carried out in 
accordance  with  Regulations  (EU)  2018/172514,  2018/172715  and  2016/79416  of  the 
European Parliament and of the Council, or any other applicable Union rules on data 
protection. 

(67)  Directive 2011/93/EU provides for  criminal offences  concerning the sexual abuse of 
children.  In  order  to  ensure  coherence  with  this  Directive  as  regards  the  criminal 
offence of rape, the same degree of protection for children who have reached the age 
of  sexual  consent  should  be  ensured  and  a  specific  offence  should  be  defined  as 
regards  children  below  the  age  of  sexual  consent.  Therefore,  Directive  2011/93/EU 
should be amended accordingly. 

(68)  Since the objective of this Directive, namely to  prevent  and combat violence against 
women  and  domestic  violence  across  the  Union  on  the  basis  of  common  minimum 
rules, cannot be sufficiently achieved by the Member States but can rather, by reason 
of the scale and effects of the envisaged measures, be better achieved at Union level, 
the Union may adopt measures, in accordance with the principle of subsidiarity as set 
out in Article 5 of the Treaty on European Union. In accordance with the principle of 
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary to achieve that objective. 

(69) 

[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in 
the  adoption  of  this  Directive  and  is  not  bound  by  it  or  subject  to  its  application.]     
OR                                                                                                                                                

12 

13 

14 

15 

16 

Directive  (EU)  2016/680  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data by competent authorities for 
the  purposes  of  the  prevention,  investigation,  detection  or  prosecution  of  criminal  offences  or  the 
execution  of  criminal  penalties,  and  on  the  free  movement  of  such  data,  and  repealing  Council 
Framework Decision 2008/977/JHA, (OJ L 119, 4.5.2016, p. 89). 
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing  of  personal  data  and  the  protection  of  privacy  in  the  electronic  communications  sector 
(Directive on privacy and electronic communications) OJ L 201, 31.7.2002, p. 37. 

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the processing of personal data  by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
45/2001 and Decision No 1247/2002/EC, (OJ L 295, 21.11.2018, p. 39). 
Regulation (EU) 2018/1727 of the European Parliament and of  the Council of 14 November 2018 on 
the  European Union  Agency  for Criminal Justice  Cooperation (Eurojust), and replacing and repealing 
Council Decision 2002/187/JHA, (OJ L 295, 21.11.2018, p. 138). 
Regulation  (EU)  2016/794  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  on  the 
European  Union  Agency  for  Law  Enforcement  Cooperation  (Europol)  and  replacing  and  repealing 
Council  Decisions  2009/371/JHA,  2009/934/JHA,  2009/935/JHA,  2009/936/JHA  and  2009/968/JHA, 
(OJ L 135, 24.5.2016, p. 53). 

EN 

32 

  EN 

                                                 
 
[In accordance  with  Article 3 of Protocol  No 21  on the position of United Kingdom 
and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the 
Treaty on European Union and the Treaty on the Functioning of the European Union, 
Ireland  has  notified  [,  by  letter  of…,]  its  wish  to  take  part  in  the  adoption  and 
application of this Directive.] 

(70) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  22)  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the 
Functioning of the European Union, Denmark is not taking part in the adoption of this 
Directive and is not bound by it or subject to its application. 

(71)  The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 
42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [XX XX 2022], 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER 1  
GENERAL PROVISIONS 

Article 1  
Subject matter 

This Directive lays down rules to prevent and combat violence against women and domestic 
violence. It establishes minimum rules concerning:  

(a) 

(b) 

the definition of criminal offences and penalties in the areas of sexual exploitation of 
women and children and computer crime; 

the  rights  of  victims  of  all  forms  of  violence  against  women  or  domestic  violence 
before, during or after criminal proceedings; 

(c) 

victims’ protection and victims’ support. 

Article 2 

Victims at an increased risk of violence and specific risks  

1. 

2. 

When implementing the measures under this Directive, Member States shall take into 
consideration  the  increased  risk  of  violence  faced  by  victims  experiencing 
discrimination based on a combination of sex and other grounds so as to cater to their 
enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and 
Article 37(7). 

Member  States  shall  ensure  that,  in  the  application  of  this  Directive,  particular 
attention  is  paid  to  the  risk  of  intimidation,  retaliation,  secondary  and  repeat 
victimisation and to the need to protect the dignity and physical integrity of victims. 

This Directive shall apply to the following criminal offences: 

Article 3 
Scope 

EN 

33 

  EN 

 
 
 
 
(a) 

(b) 

(c) 

criminal offences referred to in Chapter 2;  

acts  of  violence  against  women  or  domestic  violence  as  criminalised  under  other 
instruments of Union law;  

any other acts of violence against women or domestic violence as criminalised under 
national law.  

For the purposes of this Directive, the following definitions shall apply: 

Article 4 
Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

“violence  against  women”  means  gender-based  violence,  that  is  directed  against  a 
woman  or  a  girl  because  she  is  a  woman  or  a  girl  or  that  affects  women  or  girls 
disproportionately, including all acts of such violence that result in, or are likely to 
result  in,  physical,  sexual,  psychological  or  economic  harm  or  suffering,  including 
threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in 
public or in private life; 

“domestic violence” means all acts of violence that result in, or are likely to result in, 
physical, sexual, psychological or economic harm or suffering, that occur within the 
family  or  domestic  unit,  irrespective  of  biological  or  legal  family  ties,  or  between 
former  or  current  spouses  or  partners,  whether  or  not  the  offender  shares  or  has 
shared a residence with the victim; 

“victim” means any person, regardless of sex or gender, unless specified otherwise, 
who has suffered harm, which was directly caused by acts of violence covered under 
this Directive, including child witnesses of such violence; 

“cyber  violence”  means  any  act  of  violence  covered  by  this  Directive  that  is 
committed,  assisted  or  aggravated  in  part  or  fully  by  the  use  of  information  and 
communication technologies; 

“information  and  communication  technologies”  means  all  technological  tools  and 
resources  used  to  digitally  store,  create,  share  or  exchange  information,  including  
smart  phones,  computers,  social  networking  and  other  media  applications  and 
services; 

“providers  of  intermediary  services”  means  providers  of  the  services  as  defined  in 
Article 2 point (f) of Regulation (EU) YYYY/XXX of the European Parliament and 
of the Council17 [Regulation on a Single Market for Digital Services]; 

“sexual  harassment  at  work”  means  any  form  of  unwanted  verbal,  non-verbal  or 
physical conduct of a sexual nature, where it occurs in the course of, linked with, or 
arising in matters of employment, occupation and self-employment, with the purpose 
or  effect  of  violating  the  dignity  of  the  victim,  in  particular  when  creating  an 
intimidating, hostile, degrading, humiliating or offensive environment;  

(h) 

“child” means any person below the age of 18 years; 

17 

Regulation (EU) YYYY/XXX  of the European Parliament and of the Council on a Single Market for 
Digital Services (OJ L …). 

EN 

34 

  EN 

 
                                                 
(i) 

(j) 

“age of sexual consent” means the age below which, in accordance with national law, 
it is prohibited to engage in sexual activities with a child;  

“dependant”  means  a  child  of  the  victim  or  any  person,  other  than  the  offender  or 
suspect, living in the same household as the victim, for whom the victim is providing 
care and support. 

CHAPTER 2 

OFFENCES CONCERNING SEXUAL EXPLOITATION OF 
WOMEN AND CHILDREN AND COMPUTER CRIME 

Article 5 
Rape 

1. 

Member States shall ensure that the following intentional conduct is punishable as a 
criminal offence:  

(a) 

(b) 

engaging  with  a  woman  in  any  non-consensual  act  of  vaginal,  anal  or  oral 
penetration of a sexual nature, with any bodily part or object; 

causing a woman to engage with another person in any non-consensual act of 
vaginal,  anal  or  oral  penetration  of  a  sexual  nature,  with  any  bodily  part  or 
object. 

Member States shall ensure that a non-consensual act is understood as an act which 
is performed without the woman’s consent given voluntarily or where the woman is 
unable to form a free will due to her physical or mental condition, thereby exploiting 
her incapacity to form a free will, such as in a state of unconsciousness, intoxication, 
sleep, illness, bodily injury or disability.  

Consent  can  be  withdrawn  at  any  moment  during  the  act.  The  absence  of  consent 
cannot  be  refuted  exclusively  by  the  woman’s  silence,  verbal  or  physical  non-
resistance or past sexual conduct.   

2. 

3. 

Article 6 
Female genital mutilation 

Member States shall ensure that the following intentional conduct is punishable as a criminal 
offence: 

(a) 

(b) 

excising, infibulating or performing any other mutilation to the whole or any part of 
the labia majora, labia minora or clitoris;  

coercing  or  procuring  a  woman  or  a  girl  to  undergo  any  of  the  acts  referred  to  in 
point (a). 

EN 

35 

  EN 

  
 
 
 
Article 7 
Non-consensual sharing of intimate or manipulated material 

Member States shall ensure that the following intentional conduct is punishable as a criminal 
offence:  

(a) 

(b) 

(c) 

making  intimate  images,  or  videos  or  other  material  depicting  sexual  activities,  of 
another person without  that person’s consent  accessible to  a multitude of end-users 
by means of information and communication technologies; 

producing  or  manipulating  and  subsequently  making  accessible  to  a  multitude  of 
end-users, by means of information and communication technologies, images, videos 
or  other  material,  making  it  appear  as  though  another  person  is  engaged  in  sexual 
activities,  without that person’s consent;   

threatening  to  engage  in  the  conduct  referred  to  in  points  (a)  and  (b)  in  order  to 
coerce another person to do, acquiesce or refrain from a certain act. 

Article 8 
Cyber stalking 

Member States shall ensure that the following intentional conduct is punishable as a criminal 
offence:  

(a) 

(b) 

(c) 

persistently  engaging  in  threatening  or  intimidating  conduct  directed  at  another 
person, by means of information and communication technologies, which causes that 
the person fears for own safety or that the person fears for safety of dependants;   

placing another person under continuous surveillance, without that person’s consent 
or  legal  authorisation  to  do  so,  by  means  of  information  and  communication 
technologies, to track or monitor that person’s movements and activities; 

making material containing the personal data of another person, without that person’s 
consent,  accessible  to  a  multitude  of  end-users,  by  means  of  information  and 
communication  technologies,  for  the  purpose  of  inciting  those  end-users  to  cause 
physical or significant psychological harm to the person. 

Article 9 
Cyber harassment 

Member States shall ensure that the following intentional conduct is punishable as a criminal 
offence: 

(a) 

initiating  an  attack  with  third  parties  directed  at  another  person,  by  making 
threatening or insulting material accessible to a multitude of end-users, by means of 
information  and  communication technologies,  with  the effect of  causing  significant 
psychological harm to the attacked person;  

(b) 

participating with third parties in attacks referred to in point (a).  

Article 10 

Cyber incitement to violence or hatred  

Member  States  shall  ensure  that  the  intentional  conduct  of  inciting  to  violence  or  hatred 
directed against a group of persons or a member of such a group defined by reference to sex 

EN 

36 

  EN 

or  gender,  by  disseminating  to  the  public  material  containing  such  incitement  by  means  of 
information and communication technologies is punishable as a criminal offence. 

Article 11 

Incitement, aiding and abetting, and attempt 

Member States shall ensure that inciting and aiding and abetting the commission of 
any of the criminal offences referred to in Articles 5 to 9 are punishable as criminal 
offences. 

Member States shall ensure that an attempt to commit any of the criminal  offences 
referred to in Articles 5 and 6 is punishable as a criminal offence. 

Article 12 
Penalties 

Member States shall ensure that the criminal offences referred to in Articles 5 to 11 
are punishable by effective, proportionate and dissuasive criminal penalties. 

Member  States  shall  ensure  that  the  criminal  offence  referred  to  in  Article  5  is 
punishable by a maximum penalty of at least 8 years of imprisonment and at least 10 
years  of 
the  offence  was  committed  under  aggravating 
imprisonment 
circumstances referred to in Article 13.  

if 

Member  States  shall  ensure  that  an  offender  of  the  criminal  offence  referred  to  in 
Article  5,  who  has  previously  been  convicted  of  offences  of  the  same  nature, 
mandatorily participates in an intervention programme referred to in Article 38. 

Member  States  shall  ensure  that  the  criminal  offence  referred  to  in  Article  6  is 
punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 
years  of 
the  offence  was  committed  under  aggravating 
imprisonment 
circumstances referred to in Article 13.  

if 

Member States shall ensure that the criminal offences referred to in Articles 8 and 10 
are punishable by a maximum penalty of at least 2 years of imprisonment. 

Member States shall ensure that the criminal offences referred to in Articles 7 and 9 
are punishable by a maximum penalty of at least 1 year of imprisonment. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

Article 13 
Aggravating circumstances 

In so far as the following circumstances do not already form part of the constituent elements 
of the criminal offences referred to in Articles 5 to 10, Member States shall ensure that they 
may be regarded as aggravating circumstances in relation to those offences: 

(a) 

(b) 

the  offence,  or  another  criminal  offence  of  violence  against  women  or  domestic 
violence, was committed repeatedly; 

the  offence  was  committed  against  a  person  made  vulnerable  by  particular 
circumstances,  such  as  a  situation  of  dependence  or  a  state  of  physical,  mental, 
intellectual or sensory disability, or living in institutions; 

(c) 

the offence was committed against a child; 

EN 

37 

  EN 

 
(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

1. 

2. 

3. 

4. 

5. 

the offence was committed in the presence of a child; 

the offence was committed by two or more persons acting together; 

the offence was preceded or accompanied by extreme levels of violence; 

the offence was committed with the use or threat of using a weapon; 

the offence was committed with the use of force or threats to use force, or coercion; 

the  offence  resulted  in  the  death  or  suicide  of  the  victim  or  severe  physical  or 
psychological harm for the victim; 

the offender has previously been convicted of offences of the same nature; 

the offence was committed against a former or current spouse or partner; 

the offence was committed by a member of the family or person cohabiting with the 
victim; 

the  offence  was  committed  by  abusing  a  recognised  position  of  trust,  authority  or 
influence; 

the  offence  was  filmed,  photographed  or  recorded  in  another  form  and  made 
accessible by the offender; 

the offence was committed by causing the victim to take, use or be affected by drugs, 
alcohol or other intoxicating substances. 

Article 14 
Jurisdiction 

Member States shall take the necessary measures to establish their jurisdiction over 
the criminal offences referred to in Articles 5 to 11 where: 

(a) 

the offence is committed in whole or in part within their territory;  

(b) 

the offence is committed by one of their nationals. 

A  Member  State  shall  inform  the  Commission  where  it  decides  to  extend  its 
jurisdiction  to  criminal  offences  referred  to  in  Articles  5  to  11  which  have  been 
committed outside its territory in any of the following situations: 

(a) 

the offence is committed against one of its nationals or habitual residents in its 
territory;  

(b) 

the offender is a habitual resident in its territory. 

Member  States  shall  ensure  that  their  jurisdiction  established  over  the  criminal 
offences  referred  to  in  Articles  7  to  10  includes  situations  where  the  offence  is 
committed  by  means  of  information  and  communication  technology  accessed  from 
their territory, whether or not the provider of intermediary services is based on their 
territory. 

In cases referred to in paragraph 1, point (b), each Member State shall ensure that its 
jurisdiction  is  not  subject  to  the  condition  that  the  acts  are  punishable  as  criminal 
offences in the country where they were performed. 

In  cases  referred  to  in  paragraph  1,  point  (b),  Member  States  shall  ensure  that  the 
exercise of their jurisdiction is not subject to the condition that a prosecution can be 
initiated only following a report made by the victim in the place where the criminal 

EN 

38 

  EN 

offence  was  committed,  or  a  denunciation  from  the  State  of  the  place  where  the 
criminal offence was committed. 

Article 15 
Limitation periods 

Member States shall take the necessary measures to  provide for  a limitation  period 
that  enables  the  investigation,  prosecution,  trial  and  judicial  decision  concerning 
criminal offences referred to in Articles 5 to 11 for a sufficient period of time after 
the commission of those criminal offences. 

Member States shall take the necessary measures to  provide for  a limitation  period 
for criminal offences referred to in Article 5 of at least 20 years from the time when 
the offence was committed.  

Member States shall take the necessary measures to  provide for  a limitation  period 
for criminal offences referred to in Article 6 of at least 10 years from the time when 
the offence was committed.  

Member States shall take the necessary measures to  provide for  a limitation  period 
for  criminal  offences  referred  to  in  Articles  7  and  9  of  at  least  5  years  after  the 
criminal offence has ceased or the victim has become aware of it. 

Member States shall  take the necessary measures to  provide for  a limitation  period 
for the criminal offences referred to in Articles 8 and 10, of at least 7 years after the 
criminal offence has ceased or the victim has become aware of it.  

If the victim is a child, the limitation period shall commence at the earliest once the 
victim has reached 18 years of age.  

CHAPTER 3 

PROTECTION OF VICTIMS AND ACCESS TO JUSTICE  

Article 16 
Reporting of violence against women or domestic violence 

In  addition  to  the  rights  of  victims  when  making  a  complaint  under  Article  5  of 
Directive  2012/29/EU,  Member  States  shall  ensure  that  victims  can  report  criminal 
offences  of  violence  against  women  or  domestic  violence  to  the  competent 
authorities  in  an  easy  and  accessible  manner.  This  shall  include  the  possibility  of 
reporting criminal offences online or through other information and communication 
technologies,  including  the  possibility  to  submit  evidence,  in  particular  concerning 
reporting of criminal offences of cyber violence.    

Member  States  shall  take  the  necessary  measures  to  encourage  any  person  who 
knows about or suspects, in good faith, that offences of violence against women or 
domestic violence have occurred, or that further acts of violence are to be expected, 
to report this to the competent authorities.   

Member States shall ensure that the confidentiality rules imposed by national law on 
relevant professionals, such as healthcare professionals, do not constitute an obstacle 
to  their  reporting  to  the  competent  authorities  if  they  have  reasonable  grounds  to 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

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believe that there is an imminent risk that serious physical harm will be inflicted on a 
person due to their being subject to any of the offences covered under this Directive. 
If  the  victim  is  a  child,  the  relevant  professionals  shall  be  able  to  report  to  the 
competent authorities if they have reasonable grounds to believe that a serious act of 
violence covered under this Directive has been committed or further serious acts of 
violence are to be expected.  

Where  children  report  criminal  offences  of  violence  against  women  or  domestic 
violence,  Member  States  shall  ensure  that  the  reporting  procedures  are  safe, 
confidential,  designed  and  accessible  in  a  child-friendly  manner  and  language,  in 
accordance with their age and maturity. If the offence involves the holder of parental 
responsibility,  Member  States  should  ensure  reporting  is  not  conditional  upon  this 
person’s consent. 

Member States shall ensure that the  competent authorities coming in contact with a 
victim  reporting  offences  of  violence  against  women  or  domestic  violence  are 
prohibited  from  transferring  personal  data  pertaining  to  the  residence  status  of  the 
victim  to  competent  migration  authorities,  at  least  until  completion  of  the  first 
individual assessment referred to in Article 18. 

Article 17 
Investigation and prosecution 

Member  States  shall  ensure  that  persons,  units  or  services  investigating  and 
prosecuting  violence  against  women  or  domestic  violence  have  sufficient  expertise 
and effective investigative tools to effectively investigate and prosecute such crimes, 
especially  to  gather,  analyse  and  secure  electronic  evidence  in  cases  of  cyber 
violence.  

Member  States  shall  ensure  that  reported  offences  of  violence  against  women  or 
domestic  violence  are  processed  and  transferred  without  delay  to  the  competent 
authorities for prosecution and investigation. 

The  competent  authorities  shall  promptly  and  effectively  record  and  investigate 
allegations  of  violence  against  women  or  domestic  violence  and  ensure  that  an 
official complaint is filed in all cases. 

The  competent  authorities  shall  promptly  refer  victims  to  relevant  health  care 
professionals  or  support  services  referred  to  in  Articles  27,  28  and  29  to  assist  in 
securing evidence, in particular in cases of sexual violence, where the victim wishes 
to bring charges and make use of such services.   

Investigations  into  or  prosecution  of  offences  referred  to  in  Article  5  shall  not  be 
dependent  on  reporting  or  accusation  by  a  victim  or  by  their  representative,  and 
criminal  proceedings  shall  continue  even  if  the  report  or  accusation  has  been 
withdrawn. 

Article 18 
Individual assessment to identify victims’ protection needs 

In  the  framework  of  the  individual  assessment  which  is  to  be  carried  out  under 
Article  22  of  Directive  2012/29/EU,  Member  States  shall  ensure  that,  as  regards 
victims covered by this Directive, the additional elements as set out in paragraphs 2 
to 7 of this Article are assessed.  

4. 

5. 

1. 

2. 

3. 

4. 

5. 

1. 

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2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

This individual assessment shall be initiated upon the first contact of the victim with 
the competent authorities. The competent judicial authorities shall verify at the latest 
at the initiation of criminal proceedings whether an assessment has been conducted. 
If  this  has  not  been  the  case,  they  shall  remedy  the  situation  by  undertaking  an 
assessment as soon as possible. 

The  individual  assessment  shall  focus  on  the  risk  emanating  from  the  offender  or 
suspect,  including the  risk of repeated violence,  the risk of bodily harm,  the use of 
weapons, the offender or suspect living with the victim, an offender or suspect’s drug 
or alcohol misuse, child abuse, mental health issues or behaviour of stalking.  

The  assessment  shall  take  into  account  the  victim’s  individual  circumstances, 
including whether they experience discrimination based on a combination of sex and 
other grounds and therefore face a heightened risk of violence, as well as the victim’s 
own account and assessment of the situation. It shall be conducted in the best interest 
of  the  victim,  paying  special  attention  to  the  need  to  avoid  secondary  or  repeated 
victimisation. 

Member States shall ensure that adequate protection measures are taken on the basis 
of the individual assessment, such as: 

(a)  measures referred to in Articles 23 and 24 of Directive 2012/29/EU; 

(b) 

(c) 

the granting of emergency barring and restraining or protection orders pursuant 
to Article 21 of this Directive; 

further  measures  to  manage  the  offender  or  suspect’s  behaviour,  in  particular 
under Article 38 of this Directive. 

The  individual  assessment  shall  be  undertaken  in  collaboration  with  all  relevant 
competent  authorities  depending  on  the  stage  of  the  proceedings,  and  relevant 
support  services,  such  as  victim  protection  centres  and  women’s  shelters,  social 
services and healthcare professionals. 

Competent  authorities  shall  update  the  individual  assessment  at  regular  intervals  to 
ensure  the  protection  measures  relate  to  the  victim’s  current  situation.  This  shall 
include an assessment of whether protection measures, in particular under Article 21, 
need to be adapted or taken.  

Victims’  dependants  shall  be  presumed  to  have  specific  protection  needs  without 
undergoing the assessment referred to in paragraphs 1 to 6. 

Article 19 
Individual assessment of victims’ support needs 

Member  States  shall  ensure  that,  taking  into  account  the  individual  assessment 
referred  to  in  Article  18,  the  competent  authorities  assess  the  victim’s  and  their 
dependant’s individual needs for support as provided for under Chapter 4.   

Article 18(4) and (7) shall apply to the individual assessment of support needs under 
paragraph 1 of this Article. 

EN 

41 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

Article 20 
Referral to support services 

If the assessments referred to in Articles 18 and 19 have identified specific support or 
protection  needs  or  if  the  victim  requests  support,  Member  States  shall  ensure  that 
support services contact victims to offer support.  

The  competent  authorities  shall  respond  to  requests  for  protection  and  support  in  a 
timely and coordinated manner.  

Where  needed,  they  shall  be  able  to  refer  child  victims,  including  witnesses,  to 
support services without the prior consent of the holder of parental responsibility. 

Member States shall ensure the transmission of relevant personal data concerning the 
victim and their situation to the relevant support services, where this is necessary to 
ensure that the victim receives appropriate support and protection. Such transmission 
shall be confidential.  

Support services shall store personal data for as long as necessary for the provision 
of  support  services,  and  in  any  event  for  no  longer  than  12  months  after  the  last 
contact between the support service and the victim. 

Article 21 
Emergency barring, restraining and protection orders 

Member States shall ensure that, in situations of immediate danger for the victim’s or 
their dependant’s health or safety, the competent authorities issue orders addressed at 
an offender or suspect of violence covered by this Directive to vacate the residence 
of the victim  or their dependants  for a sufficient period of time  and to prohibit the 
offender or suspect from entering the residence or to enter the victim’s workplace or 
contacting  the  victim  or  their  dependants  in  any  way.  Such  orders  shall  have 
immediate effect and not be dependent on a victim reporting the criminal offence. 

Member  States  shall  ensure  that  the  competent  authorities  can  issue  restraining  or 
protection  orders  to  provide  long-term  protection  for  victims  or  their  dependants 
against  any  acts  of  violence  covered  by  this  Directive,  including  by  prohibiting  or 
restraining certain dangerous behaviour of the offender or suspect.  

Member  States  shall  ensure  that  the  competent  authorities  inform  victims  of  the 
possibility  to  apply  for  emergency  barring  and  restraining  or  protection  orders,  as 
well as the possibility to seek cross-border recognition of protection orders pursuant 
to Directive 2011/99/EU or Regulation (EU) No 606/2013. 

Any  breaches  of  emergency  barring  or  restraining  and  protection  orders  shall  be 
subject to effective, proportionate and dissuasive criminal or other legal penalties. 

This Article does not oblige the Member States to modify their national systems as 
regards the qualification of emergency barring orders and protection orders as falling 
under criminal, civil or administrative law. 

Article 22                                                                                                                               

Protection of victim’s private life  

Without  prejudice  to  the  rights  of  defence,  Member  States  shall  ensure  that,  in  criminal 
investigations  and  court  proceedings,  questions,  enquiries  and  evidence  concerning  past 

EN 

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sexual conduct of the victim or other aspects of the victim’s private life related thereto are not 
permitted. 

Guidelines for law enforcement and judicial authorities 

Article 23                                                                                                                               

Member  States  shall  issue  guidelines  for  the  competent  authorities  acting  in  criminal 
proceedings,  including  prosecutorial  and  judicial  guidelines,  concerning  cases  of  violence 
against women or domestic violence. Those guidelines shall include guidance on: 

(a) 

how to ensure the proper identification of  all forms of such violence; 

(b)  how to conduct the individual assessment under Articles 18 and 19; 

(c) 

how to treat victims in a trauma-, gender- and child-sensitive manner; 

(d)  how  to  ensure  the  proceedings  are  conducted  in  a  manner  as  to  prevent 

secondary or repeat victimisation; 

(e) 

how  to  cater  to  the  enhanced  protection  and  support  needs  of  victims 
experiencing discrimination based on a combination of sex and other grounds; 

(f) 

how to avoid gender stereotypes; 

(g)  how to refer victims to support services, to ensure the appropriate treatment of 
victims and handling of cases of violence against women or domestic violence. 

Role of national bodies and equality bodies  

Article 24                                                                                                                                           

1. 

Member  States  shall  designate  and  make  the  necessary  arrangement  for  a  body  or 
bodies to carry out the following tasks: 

(a) 

provide independent assistance and advice to victims of violence against 
women and domestic violence;   

(b)  publish  independent  reports  and  make  recommendations  on  any  issue 

relating to such forms of violence; 

(c) 

exchange  available  information  with  corresponding  European  bodies 
such as the European Institute for Gender Equality. 

Those  bodies  may  form  part  of  equality  bodies  set  up  pursuant  to  Directives 
2004/113/EC, 2006/54/EC and 2010/41/EU. 

2. 

Member  States  shall  ensure  that  the  bodies  referred  to  in  paragraph  1  can  act  on 
behalf or in support of one or several victims of violence against women or domestic 
violence  in  judicial  proceedings,  including  for  the  application  for  compensation 
referred to in Article 26 and removal of online content referred to in Article 25, with 
the victims’ approval. 

Measures to remove certain online material  

Article 25                                                                                                                                    

1. 

Member  States  shall  take  the  necessary  measures  to  ensure  the  prompt  removal  of  
material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 

EN 

43 

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and  10.  Those  measures  shall  include  the  possibility  for  their  competent  judicial 
authorities to issue, upon application by the victim, binding legal orders to remove or 
disable  access  to  such  material  addressed  to  relevant  providers  of  intermediary 
services.  

2. 

Member  States  shall  ensure  that  orders  referred  to  in  paragraph  1  can  be  issued  in 
interim  proceedings,  even  prior  to  the  termination  of  any  criminal  proceedings 
regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c), 
Article 9 or Article 10 where the judicial authority seized considers that: 

(a) 

(b) 

(c) 

it has been presented with sufficient evidence to justify the conclusion that the 
conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9 
or Article 10 likely took place in respect of the applicant and that the material 
that is the object of the application constitutes material as referred to in those 
articles; 

the removal of that material is necessary to prevent or limit significant harm to 
the victim;  

the  rights  and  interests  of  other  parties  involved  associated  with  the  potential 
removal  are  not  such  as  to  outweigh  those  of  the  victim  associated  with 
removal. 

Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for 
an  appropriate  time  period  not  exceeding  one  year,  subject  to  renewal  for  an 
additional appropriate time period, upon application by the victim, where the judicial 
authority  seized  considers  that  the  conditions  of  paragraph  2  continue  to  be  met. 
However, Member States shall ensure that, where criminal proceedings regarding the 
offences referred to  in  Article 7, point (a) and (b),  Article 8, point (c), Article 9 or 
Article  10  are  terminated  without  leading  to  the  finding  of  such  an  offence  having 
been committed, the orders are invalidated and the provider of intermediary services 
concerned is informed thereof. 

Member  States  shall  ensure  that  the  orders  and  other  measures  referred  to  in 
paragraphs  1    and  2  are  taken  following  transparent  procedures  and  are  subject  to 
adequate safeguards, in particular to ensure that those orders and other measures are 
limited to  what  is  necessary and proportionate  and that due account  is taken of the 
rights and interests of all parties involved.  

Member States shall ensure that the end-users of the relevant services are informed, 
where  appropriate  by  the  intermediary  service  providers  concerned,  of  the  reasons 
for the removal of or disabling access to the material pursuant to the orders or other 
measures referred to  in  paragraphs 1 and 2 and  that those  end-users have access  to 
judicial redress. 

Member  States  shall  ensure  that  the  removal  of  or  disabling  access  to  the  material 
pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not 
prevent the competent authorities from obtaining or securing the evidence necessary 
for the investigation and prosecution of the offences referred to in Article7, points (a) 
and (b), Article 8, point (c),  Article 9 or Article 10.   

3. 

4. 

5. 

6. 

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Article 26                                                                                                                               

Compensation from offenders 

1. 

2. 

3. 

4. 

5. 

Member  States  shall  ensure  that  victims  have  the  right  to  claim  full  compensation 
from  offenders  for  damages  resulting  from  all  forms  of  violence  against  women  or 
domestic violence.  

Member  States  shall  ensure  that  victims  are  able  to  obtain  a  decision  on 
compensation in the course of criminal proceedings. 

The compensation shall place victims in the position they would have been in had the 
offence not taken place, taking into account the seriousness of the consequences for 
the victim. Compensation shall not be restricted by the fixing of an upper limit.  

include  costs  for  healthcare  services,  support  services, 
The  damage  shall 
rehabilitation, loss of income and other reasonable costs that have arisen as a result 
of the offence or to manage its consequences. The amount of the damages awarded 
shall also compensate for physical and psychological harm and moral prejudice.  

The limitation period for bringing a claim for compensation shall be no less than  5 
years from the time the offence has taken place.  

In cases of sexual violence, the limitation period shall be no less than 10 years.  

The  limitation  period  for  bringing  a  claim  for  compensation  of  criminal  offences 
referred to in Article 7 shall commence with the victim’s knowledge of the offence.  

The  limitation  period  shall  not  commence  as  long  as  the  offender  and  the  victim 
share  the  same  domestic  unit.  In  addition,  if  the  victim  is  a  child,  the  limitation 
period shall not commence before the victim has reached 18 years of age. 

The  limitation  period  shall  be  interrupted  or  suspended  for  the  duration  of  pending 
legal proceedings concerning the offence. 

CHAPTER 4 

VICTIM SUPPORT  

Article 27                                                                                                                                

Specialist support to victims   

1. 

Member States shall ensure that specialist support services referred to in Article 9(3) 
of Directive 2012/29/EU are available for victims of acts of violence covered by this 
Directive. The specialist support services shall provide:   

(a) 

advice  and  information  on  any  relevant  legal  or  practical  matters  arising  as  a 
result  of  the  crime,  including  on  access  to  housing,  education,  training  and 
assistance to remain in or find employment; 

(b) 

referrals to medical forensic examinations; 

(c) 

support to victims of cyber violence, including advice on judicial remedies and 
remedies to remove online content related to the crime. 

EN 

45 

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2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

Specialist support referred to in paragraph 1 shall be offered in-person and shall be 
easily  accessible,  including  online  or  through  other  adequate  means,  such  as 
information  and  communication  technologies,  tailored  to  the  needs  of  victims  of 
violence against women and domestic violence. 

Member States shall ensure sufficient human and financial resources to provide the 
services  referred  to  in  paragraph  1,  especially  those  referred  to  in  point  (c)  of  that 
paragraph,  including  where  such  services  are  provided  by  non-governmental 
organisations.  

Member States shall provide the protection and specialist support services necessary 
to  comprehensively  address  the  multiple  needs  of  victims  at  the  same  premises,  or 
have such services  coordinated through a central contact point, or through one-stop 
online  access  to  such  services.  Such  combined  offering  of  services  shall  include  at 
least  first  hand  medical  care  and  social  services,  psychosocial  support,  legal,  and 
police services. 

Member States shall issue guidelines and protocols for healthcare and social service 
professionals on identifying and providing appropriate support to victims of all forms 
of violence against women and domestic violence, including on referring victims to 
the relevant support services. Such guidelines and protocols shall also indicate how 
to address the specific needs of victims who are at an increased risk of such violence 
as  a  result  of  their  experiencing  discrimination  based  on  a  combination  of  sex  and 
other grounds of discrimination. 

Member States shall ensure that specialist support services remain fully operational 
for victims of violence against women and domestic violence in times of crisis, such 
as health crises or other states of emergency.  

Member  States  shall  ensure  that  specialist  support  services  are  available  to  victims 
before, during and for an appropriate time after criminal proceedings.  

Article 28 

Specialist support for victims of sexual violence  

Member States shall provide for appropriately equipped, easily accessible rape crisis 
or  sexual  violence  referral  centres  to  ensure  effective  support  to  victims  of  sexual 
violence,  including  assisting  in  the  preservation  and  documentation  of  evidence. 
These  centres  shall  provide  for  medical  and  forensic  examinations,  trauma  support 
and psychological counselling, after the offence has been perpetrated and for as long 
as necessary thereafter. Where the victim is a child, such services shall be provided 
in a child-friendly manner. 

The  services  referred  to  in  paragraph  1  shall  be  available  free  of  charge  and 
accessible  every  day  of  the  week.  They  may  be  part  of  the  services  referred  to  in 
Article 27. 

Member  States  shall  ensure  a  sufficient  geographical  distribution  and  capacity  of 
these services across the Member State. 

Article  27(3)  and  (6)  shall  apply  to  the  provision  of  support  for  victims  of  sexual 
violence.  

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Article 29 

Specialist support for victims of female genital mutilation  

1. 

including  by  providing,  gynaecological, 

Member  States  shall  ensure  effective,  age-appropriate  support  to  victims  of  female 
genital  mutilation, 
sexological, 
psychological and trauma care and counselling tailored to the specific needs of such 
victims, after the offence has been perpetrated and for as long as necessary thereafter. 
This shall also include the provision of information on units in public hospitals that 
perform clitoral reconstructive surgery. Such support may be provided by the referral 
centres referred to in Article 28 or any dedicated health centre.  

2. 

Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support 
for victims of female genital mutilation.   

Article 30 

Specialist support for victims of sexual harassment at work 

Member  States  shall  ensure  external  counselling  services  are  available  for  victims  and 
employers  in  cases  of  sexual  harassment  at  work.  These  services  shall  include  advice  on 
adequately  addressing  such  instances  at  the  workplace,  on  legal  remedies  available  to  the 
employer  to  remove  the  offender  from  the  workplace  and  providing  the  possibility  of  early 
conciliation,  if the victim so wishes.  

Article 31                                                                                                                                  

Helplines for victims  

1. 

2. 

3. 

4. 

18 

Member  States  shall  set  up  state-wide  round-the-clock  (24/7)  telephone  helplines, 
free of charge, to provide advice for victims of violence against women and domestic 
violence.  Advice  shall  be  provided  confidentially  or  with  due  regard  for  their 
anonymity.  Member  States  shall  ensure  the  provision  of  such  service  also  through 
other information and communication technologies, including online applications. 

Member States shall take appropriate measures to ensure the accessibility of services 
referred to in paragraph 1 for end-users with disabilities, including providing support 
in  easy  to  understand  language.  Those  services  shall  be  accessible  in  line  with  the 
accessibility  requirements  for electronic  communications services set  in  Annex  I to 
Directive 2019/882/EU of the European Parliament and of the Council18. 

Article  27(3)  and  (6)  shall  apply  to  the  provision  of  helplines  and  support  through 
information and communication technologies under this Article.     

[Member  States  shall  ensure  that  the  service  under  paragraph  1  for  victims  of 
violence against women is operated under the harmonised number at EU level “116 
016” and that the end-users are adequately informed of the existence and use of such 
number.] 

Directive  (EU)  2019/882  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  the  accessibility 
requirements for products and services, OJ L 151, 7.6.2019, p. 70–115. 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 32                                                                                                                                   

Shelters and other interim accommodations 

The shelters and other appropriate interim accommodations as provided for in Article 
9(3), point (a), of  Directive 2012/29/EU shall  address  the specific needs  of women 
victims  of  domestic  violence  and  sexual  violence.  They  shall  assist  them  in  their 
recovery,  providing  adequate  and  appropriate  living  conditions  with  a  view  on  a 
return to independent living. 

The  shelters  and  other  appropriate  interim  accommodations  shall  be  equipped  to 
accommodate the specific needs of children, including child victims.  

The  shelters  and  other  appropriate  interim  accommodations  shall  be  available  to 
victims  regardless  of  their  nationality,  citizenship,  place  of  residence  or  residence 
status.  

Article  27(3)  and  (6)  shall  apply  to  shelters  and  other  appropriate  interim 
accommodations. 

Article 33                                                                                                                                   

Support for child victims  

Member  States  shall  ensure  that  children  are  provided  specific  adequate  support  as 
soon  as  the  competent  authorities  have  reasonable  grounds  to  believe  that  the 
children  might  have  been  subject  to,  including  having  witnessed,  violence  against 
women  or  domestic  violence.  Support  to  children  shall  be  specialised  and  age-
appropriate, respecting the best interests of the child. 

Child  victims  shall  be  provided  with  age-appropriate  medical  care,  emotional, 
psychosocial, psychological and educational support, as well as any other appropriate 
support tailored in particular to situations of domestic violence. 

Where  it  is  necessary  to  provide  for  interim  accommodation,  children  shall  as  a 
priority  be  placed  together  with  other  family  members,  in  particular  with  a  non-
violent  parent  in  permanent  or  temporary  housing,  equipped  with  support  services. 
Placement in shelters shall be a last resort.   

Article 34                                                                                                                                            

Safety of children  

Member States shall establish and maintain safe places which allow a safe contact between a 
child  and  a  holder  of  parental  responsibilities  who  is  an  offender  or  suspect  of  violence 
against women or domestic violence, to the extent that the latter has rights of access. Member 
States  shall  ensure  supervision  by  trained  professionals,  as  appropriate,  and  in  the  best 
interests of the child. 

Targeted support for victims with specific needs and groups at risk  

Article 35                                                                                                                                 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

Member  States  shall  ensure  the  provision  of  specific  support  to  victims  at  an 
increased risk of violence against women or domestic violence, such as women with 
disabilities, women living in rural areas, women with dependant residence status or 
permit, undocumented migrant women, women applying for international protection, 
women fleeing from armed conflict, women affected by homelessness, women with a 
minority racial or ethnic background, women sex workers, women detainees, or older 
women.  

The  support  services  under  Articles  27  to  32  shall  have  sufficient  capacities  to 
accommodate victims with disabilities, taking into consideration their specific needs, 
including personal assistance. 

The support services shall be available for third-country nationals who are victims of 
violence  against  women  and  domestic  violence,  including  for  applicants  for 
international protection, for undocumented persons and for persons subject of return 
procedures in detention. Member States shall ensure that victims who request so may 
be  kept  separately  from  persons  of  the  other  sex  in  detention  facilities  for  third-
country  nationals  subject  of  return  procedures,  or  accommodated  separately  in 
reception centres for applicants for international protection.  

Member States shall ensure  that persons can report occurrences of violence against 
women or domestic violence in reception and detention centres to the relevant staff 
and  that  protocols  are  in  place  to  adequately  and  swiftly  address  such  reports  in 
accordance with the requirements in Article 18, 19 and 20. 

CHAPTER 5 

PREVENTION  

Article 36                                                                                                                                      

Preventive measures  

Member States shall take appropriate actions to prevent violence against women and 
domestic violence.  

Preventive  measures  shall  include  awareness-raising  campaigns,  research  and 
education  programmes,  where  appropriate  developed  in  cooperation  with  relevant 
civil  society  organisations,  social  partners,  impacted  communities  and  other 
stakeholders.  

Member States shall make information on preventive measures, the rights of victims, 
access to justice and to a lawyer, and the available protection and support measures 
available to the general public. 

Targeted action shall be addressed to groups at risk, including children, according to 
their  age  and  maturity,  and  persons  with  disabilities,  taking  into  consideration 
language  barriers  and  different  levels  of  literacy  and  abilities.  Information  for 
children shall be formulated in a child-friendly way.  

Preventive  measures  shall  in  particular  aim  at  challenging  harmful  gender 
stereotypes, promoting equality between women and men, encouraging all, including 

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6. 

7. 

8. 

1. 

2. 

3. 

4. 

5. 

men  and  boys,  to  act  as  positive  role  models  to  support  corresponding  behaviour 
changes across society as a whole in line with the objectives of this directive.  

Preventive  measures  shall  develop  and/or  increase  sensitivity  about  the  harmful 
practice of female genital mutilation.  

Preventive  measures  shall  also  specifically  address  cyber  violence.  In  particular, 
Member  States  shall  ensure  that  education  measures  include  the  development  of 
digital literacy skills, including critical engagement with the digital world, to enable 
users  to  identify  and  address  cases  of  cyber  violence,  seek  support  and  prevent  its 
perpetration.  Member  States  shall  foster  multidisciplinary  and  stakeholder 
cooperation,  including  intermediary  services  and  competent  authorities  to  develop 
and implement measures to tackle cyber violence. 

Member States shall ensure that sexual harassment at work is addressed in relevant 
national policies. Those national policies shall identify and establish targeted actions 
referred to in paragraph 2 for sectors where workers are most exposed.  

Article 37                                                                                                                                         

Training and information for professionals 

Member  States  shall  ensure  that  professionals  likely  to  come  into  contact  with 
victims,  including  law  enforcement  authorities,  court  staff,  judges  and  prosecutors, 
lawyers,  providers  of  victim  support  and  restorative  justice  services,  healthcare 
professionals,  social  services,  educational  and  other  relevant  staff,  receive  both 
general and specialist training and targeted information to a level appropriate to their 
contacts  with  victims,  to  enable  them  to  identify,  prevent  and  address  instances  of 
violence  against  women  or  domestic  violence  and  to  treat  victims  in  a  trauma-, 
gender- and child-sensitive manner.  

Relevant  health  professionals,  including  paediatricians  and  midwives,  shall  receive 
targeted training to identify and address, in a cultural-sensitive manner, the physical, 
psychological and sexual consequences of female genital mutilation.  

Persons with supervisory functions in the workplace, in both the public and private 
sectors,  shall  receive  training  on  how  to  recognise,  prevent  and  address  sexual 
harassment  at  work,  including  on  risk  assessments  concerning  occupational  safety 
and  health  risks,  to  provide  support  to  victims  affected  thereby  and  respond  in  an 
adequate manner. Those persons and employers shall receive information about the 
effects  of  violence  against  women  and  domestic  violence  on  work  and  the  risk  of 
third party violence. 

The training activities referred to in paragraphs 1 and 2 shall include training on co-
ordinated  multi-agency  co-operation  to  allow  for  a  comprehensive  and  appropriate 
handling of referrals in cases of violence against women or domestic violence. 

Without affecting media freedom and pluralism, Member States shall encourage and 
support  the  setting  up  of  media  training  activities  by  media  professionals’ 
organisations,  media  self-regulatory  bodies  and  industry  representatives  or  other 
relevant independent organisations, to combat stereotypical portrayals of women and 
men, sexist images of women, and victim-blaming in  the media, aimed  at  reducing 
the risk of violence against women or domestic violence.   

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6. 

7. 

8. 

1. 

2. 

1. 

2. 

3. 

4. 

Member  States  shall  ensure  that  the  authorities  competent  for  receiving  reports  of 
offences from victims are appropriately trained to facilitate and assist in the reporting 
of such crimes. 

Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, 
including on cyber violence, and built on the specificities of violence against women 
and  domestic  violence.  Such  training  activities  shall  include  training  on  how  to 
identify and address the specific protection and support needs of victims who face a 
heightened  risk  of  violence  due  to  their  experiencing  discrimination  based  on  a 
combination of sex and other grounds. 

The  measures  under  paragraphs  1  to  6  shall  be  implemented  without  affecting 
judicial independence, the self-organisation of regulated professions and differences 
in the organisation of the judiciary across the Union.  

Article 38                                                                                                                                     

Intervention programmes  

Member States shall take the necessary measures to ensure that targeted and effective 
intervention  programmes  are  established  to  prevent  and  minimise  the  risk  of 
committing  offences  of  violence  against  women  or  domestic  violence,  or 
reoffending. 

The intervention programmes shall be made available for participation  including to 
persons  who  fear  they  might  commit  any  offence  of  violence  against  women  or 
domestic violence.  

CHAPTER 6 

COORDINATION AND COOPERATION 

Article 39                                                                                                                                  

Coordinated policies and coordinating body   

Member  States  shall  adopt  and  implement  state-wide  effective,  comprehensive  and 
co-ordinated policies encompassing all relevant measures to prevent and combat all 
forms of violence against women and domestic violence.  

Member  States  shall  designate  or  establish  an  official  body  responsible  for 
coordinating,  implementing,  monitoring  and  evaluating  policies  and  measures  to 
prevent and combat all forms of violence covered under this Directive.  

That  body  shall  coordinate  the  collection  of  data  referred  to  in  Article  44,  and 
analyse and disseminate its results.  

It  shall  be  responsible  for  coordinating  policies  at  the  central,  regional  and  local 
levels.  

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Multi-agency coordination and cooperation 

Article 40                                                                                                                                        

1. 

2. 

Member  States  shall  put  in  place  appropriate  mechanisms  to  ensure  effective 
coordination and cooperation, at  the national  level,  of relevant  authorities, agencies 
and  bodies,  including  local  and  regional  authorities,  law  enforcement  agencies,  the 
judiciary, public prosecutors, support service providers as well as non-governmental 
organisations,  social  services,  including  child  protection  or  welfare  authorities, 
education  and  healthcare  providers,  social  partners,  without  prejudice  to  their 
autonomy, and other relevant organisations and entities.  

Such  mechanisms  shall  in  particular  pertain  to  the  individual  assessments  under 
Articles  18  and  19,  and  the  provision  of  protection  and  support  measures  under 
Article 21 and Chapter 4, the guidelines for law enforcement and judicial authorities 
under Article 23, and in the trainings for professionals as referred to in Article 37. 

Article 41                                                                                                                                           

Cooperation with non-governmental organisations  

Member  States  shall  cooperate  with  and  consult  civil  society  organisations,  including  non-
governmental  organisations  working  with  victims  of  violence  against  women  or  domestic 
violence,  in  particular  in  providing  support  to  victims,  concerning  policymaking  initiatives, 
information  and  awareness-raising  campaigns,  research  and  education  programmes  and  in 
training,  as  well  as  in  monitoring  and  evaluating  the  impact  of  measures  to  support  and 
protect victims.  

Article 42                                                                                                                                          

Cooperation between intermediary service providers 

Member  States  shall  facilitate  the  taking  of  self-regulatory  measures  by  providers  of 
intermediary  services  in  connection  to  this  Directive,  in  particular  to  reinforce  internal 
mechanisms  to  tackle  the  online  material  referred  to  in  Article  25(1)  and  to  improve  the 
training of their employees concerned on preventing, assisting and supporting the victims of 
the offences referred to therein. 

Article 43                                                                                                                                                   

Union level cooperation  

Member  States  shall  take  appropriate  action  to  facilitate  cooperation  between  each  other  to 
improve the implementation of this Directive. Such cooperation shall aim at least at: 

(a) 

exchanging  best  practices  and  consulting  each  other  in  individual  cases, 
including  through  Eurojust  and  the  European  Judicial  Network  in  criminal 
matters; 

(b) 

exchanging information and best practices with relevant Union agencies; 

(c) 

providing assistance to Union networks working on matters directly relevant to 
violence against women and domestic violence. 

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Article 44                                                                                                                                           

Data collection and research   

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Member  States  shall  have  a  system  in  place  for  the  collection,  development, 
production  and  dissemination  of  statistics  on  violence  against  women  or  domestic 
violence, including the forms of violence referred to in Articles 5 to 10. 

The statistics shall include the following data disaggregated by sex, age of the victim 
and  of  the  offender,  relationship  between  the  victim  and  the  offender  and  type  of 
offence: 

(a) 

(b) 

the  number  of  victims  who  experienced  violence  against  women  or  domestic 
violence during the last 12 months, last five years and lifetime;   

the annual number of such victims, of reported offences, of persons prosecuted 
for  and  convicted  of  such  forms  of  violence,  obtained  from  national 
administrative sources.  

Member  States  shall  conduct  a  population-based  survey  every  5  years  using  the 
harmonised methodology of the Commission (Eurostat) to gather the data referred to 
in paragraph 2, point (a), and on this basis assess the prevalence of and trends in all 
forms of violence covered by this Directive.  

Member States shall transmit those data to the Commission (Eurostat) [3 years after 
the entry into force of the directive] at the latest. 

In  order  to  ensure  administrative  data  comparability  across  the  Union,  Member 
States  shall  collect  administrative  data  on  the  basis  of  common  disaggregations 
developed in  cooperation with  and according to  the methodology developed by the 
European  Institute  for  Gender  Equality  in  accordance  with  paragraph  5.  They  shall 
transmit this data to the European Institute for Gender Equality on a yearly basis. The 
transmitted data shall not contain personal data. 

The European Institute for Gender Equality shall support Member States in the data 
gathering  referred  to  in  paragraph  2,  point  (b),  including  by  establishing  common 
standards  on  counting  units,  counting  rules,  common  disaggregations,  reporting 
formats, and on the classification of criminal offences.  

The  Member  States  shall  make  the  collected  statistics  available  to  the  public.  The 
statistics shall not contain personal data.  

The  Member  States  shall  support  research  on  root  causes,  effects,  incidences  and 
conviction rates of the forms of violence covered by this Directive. 

CHAPTER 7 

FINAL PROVISIONS 

Article 45 

In Article 3 of Directive 2011/93/EU, the following paragraphs are added: 

Amendment to Directive 2011/93/EU 

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“7.  Member States shall ensure that the following intentional conduct shall be punishable 

by a maximum term of imprisonment of at least 12 years:  

8. 

9. 

(a) 

(b) 

engaging  with  a  child  below  the  age  of  sexual  consent  in  any  act  of  vaginal, 
anal or oral penetration of a sexual nature, with any bodily part or object; 

causing a child below the age of sexual consent to engage with another person 
in  any  act  of  vaginal,  anal  or  oral  penetration  of  a  sexual  nature,  with  any 
bodily part or object. 

Where  the  child  is  above  the  age  of  sexual  consent  and  does  not  consent  to  the  act, 
Member States shall ensure that the conduct set out in paragraph 7 is punishable by a 
maximum term of imprisonment of at least 10 years. 

For the purpose of paragraph 8, Member States shall ensure that a non-consensual act 
is  understood  as  an  act  which  is  performed  without  the  child’s  consent  given 
voluntarily,  or  where  the  child  is  unable  to  form  a  free  will  due  to  the  presence  of 
circumstances  referred  to  in  paragraph  5,  including  the  child’s  physical  or  mental 
condition  such  as  a  state  of  unconsciousness,  intoxication,  sleep,  illness  or  bodily 
injury. 

Consent  can  be  withdrawn  at  any  moment  during  the  act.  The  absence  of  consent 
cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance 
or past sexual conduct.” 

Article 46                                                                                                                                              

Level of protection  

This  Directive  establishes  minimum  rules.  Member  States  may  introduce  or  maintain 
provisions  with  higher  standards,  including  such  which  provide  a  higher  level  of  protection 
and support for victims.  

Article 47                                                                                                                                    
Reporting 

1. 

2. 

By  [seven  years  after  the  entry  into  force  of  this  Directive]  at  the  latest,  Member 
States shall communicate to the Commission all relevant information concerning the 
application of this Directive necessary for the Commission to draw up a report on the 
application of this Directive.  

On the basis of the information provided by Member States pursuant to paragraph 1, 
the Commission shall submit to the European Parliament and the Council a report in 
which it reviews the application of this Directive.  

Article 48                                                                                                                          

Relationship with other Union acts 

1. 

This Directive shall not affect the application of the following legal acts: 

(a)  Directive 2011/36/EU, 

(b)  Directive 2011/93/EU, 

(c)  Directive 2011/99/EU, 

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(d)  Directive 2012/29/EU, 

(e)  Regulation (EU) No 606/2013,  

(f) 

[Regulation (EU) …/… on a Single Market for Digital Services].  

2. 

The specific measures of prevention, protection of and support to victims under this 
Directive  shall  apply  in  addition  to  measures  laid  down  in  Directives  2011/36/EU, 
2011/93/EU and 2012/29/EU.  

Article 49                                                                                                                                          

Non-regression clause 

Nothing in this Directive shall be construed as  lowering, limiting or derogating from any of 
the rights and procedural safeguards that are  guaranteed under the law of any Member State 
which provides a higher level of protection. Member States shall not lower that higher level of 
protection guaranteed at the time of entry into force of this Directive. 

Article 50                                                                                                                     

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [two  years  after  entry  into 
force] at the latest. They shall forthwith communicate to the Commission the text of 
those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 51                                                                                                                                        

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 52                                                                                                                                       
Addressees 

This Directive is addressed to the Member States in accordance with the Treaties. 

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned 

1.3.  The proposal/initiative relates to: 

1.4.  Objective(s) 

1.4.1. General objective(s) 

1.4.2. Specific objective(s) 

1.4.3. Expected result(s) and impact 

1.4.4. Indicators of performance 

1.5.  Grounds for the proposal/initiative 

1.5.1. Requirement(s)  to  be  met  in  the  short  or  long  term  including  a  detailed 
timeline for roll-out of the implementation of the initiative 

1.5.2. Added  value  of  Union  involvement  (it  may  result  from  different  factors,  e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from  Union  intervention  which  is  additional  to  the  value  that  would  have  been 
otherwise created by Member States alone. 

1.5.3. Lessons learned from similar experiences in the past 

1.5.4. Compatibility  with  the  Multiannual  Financial  Framework  and  possible 
synergies with other appropriate instruments 

1.5.5. Assessment  of  the  different  available  financing  options,  including  scope  for 
redeployment 

1.6.  Duration and financial impact of the proposal/initiative 

1.7.  Management mode(s) planned 

2.  MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system(s) 

2.2.1. Justification  of 
mechanism(s), the payment modalities and the control strategy proposed 

the  management  mode(s), 

funding 

the 

implementation 

2.2.2. Information  concerning the risks identified and the internal control  system(s) 
set up to mitigate them 

2.2.3. Estimation  and  justification  of  the  cost-effectiveness  of  the  controls  (ratio  of 
"control  costs  ÷  value  of  the  related  funds  managed"),  and  assessment  of  the 
expected levels of risk of error (at payment & at closure) 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

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3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure 
budget line(s) affected 

3.2.  Estimated financial impact of the proposal on appropriations 

3.2.1. Summary of estimated impact on operational appropriations 

3.2.2. Estimated output funded with operational appropriations 

3.2.3. Summary of estimated impact on administrative appropriations 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions 

3.3.  Estimated impact on revenue 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Proposal for a Directive of the European Parliament and of the Council on combating 
violence against women and domestic violence 

1.2. 

Policy area(s) concerned  

Policy area: Justice and home affairs 

Activity: Equality 

1.3. 

The proposal/initiative relates to:  

 a new action  

 a new action following a pilot project/preparatory action53  

 the extension of an existing action  

 a merger of one or more actions towards another/a new action  

1.4. 

Objective(s) 

1.4.1.  General objective(s) 

The proposal for a Directive will oblige all Member States to collect administrative 
data  on  violence  against  women  and  domestic  violence  (annual  number  of  women 
victims  of  violence  against  women,  of  victims  of  domestic  violence,  of  reported 
offences,  of  persons  prosecuted  and  of  persons  convicted  for  all  forms  of  violence 
against  women  or  domestic  violence)  on  the  basis  of  common  disaggregations  by 
sex,  age  of  the  victim  and  of  the  offender,  relationship  between  the  victim  and  the 
offender, type of offence and other relevant variables.  

A common methodology shall be developed for the data collection task and support 
shall be provided by the European Institute for Gender Equality (EIGE), which will 
gather the data on a yearly basis (see 1.4.2). The administrative data collection task 
will extend the data collection activities EIGE has already conducts  on a voluntary 
basis  with  some  Member  States  (see  1.5.2).  The  extension  will  permit  the  EU  to 
ensure  comparability  of  national  data,  monitor  the  implementation  of  the  directive 
and  obtain  comprehensive  statistical  information  on  the  prevalence  of  violence 
against women and domestic violence. 

1.4.2. 

Specific objective(s) 

The proposal will task the European Institute for Gender Equality (EIGE) to: 

1) develop common disaggregations and methodology in  cooperation with Member 
States in order to ensure administrative data comparability across the Union;  

2) support Member States in the data gathering by establishing common standards on 
counting  units,  counting  rules,  common  disaggregations,  reporting  formats,  and  on 
the  classification  of  offenses.  This  may  include  promoting  collaboration  and 
exchanges of practices. 

53 

As referred to in Article 58(2)(a) or (b) of the Financial Regulation. 

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1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The proposal is expected to increase the effectiveness of comparable administrative 
data  collection  across  the  Union  on  all  forms  of  violence  against  women  and 
domestic violence. 

Since 2012, EIGE has supported Member States in strengthening their administrative 
data collection procedures and developing statistics on various forms of  VAW. The 
analysis of the data available in each Member State has revealed challenges in data 
collection stemming from the legal context, institutional practice and acute technical 
limitations.  

There is no systematic and standardised method of data collection on acts of violence 
against women and domestic violence across the EU, particularly when it comes to 
the  types  of  criminal  offences  covered  and  the  victim–perpetrator  relationship. 
Across Member States, great discrepancies exist in relation to the methods employed 
to collect data, the quality of the data collected and how it is stored, shared between 
the  relevant  authorities  (law  enforcement,  judicial,  health  and  social  services  etc.) 
and internationally,  and made publicly available. Differences in  practice  and a lack 
of mandatory recording  principles hinder methodical  data recording on victims and 
perpetrators, specifically regarding their sex and the relationship between them. As a 
result,  the  data  available  is  still  far  from  complete  and  comparable,  which 
undermines  efforts  to  analyse  the  criminal  trends  and  assess  the  effectiveness  of 
measures in place.  

Increasing the effectiveness of the collection processes of comparable administrative 
data  has  ground-breaking  potential  to  solve  the  current  lack  of  evidence  on  the 
prevalence of violence against women and domestic violence. Currently, no score is 
given to the EU in the domain of violence in the Gender Equality Index (GEI), due to 
a lack of comparable EU-wide data. As a result, violence against women, one of the 
main  forms  of  gender-based  discrimination,  is  only  considered  as  an  additional 
domain in the GEI. The collection of comparable administrative data across the EU 
can  allow  for  a  systematic  measurement  of  violence  against  women  and  domestic 
violence and their different impacts on victim’s lives. Only by collecting quantitative 
and qualitative data on the motives, forms  and impacts  of violence against  women, 
the Member States will able to design fully effective measures to protect and support 
victims.  Better  safeguarding  the  fundamental  rights  of  victims  of  violence  is 
therefore at the core of this effort and victims will be the main beneficiaries of this 
major EU-wide improvement.  

1.4.4. 

Indicators of performance 

Specify the indicators for monitoring progress and achievements. 

1.  Development  /  deployment  of  common  disaggregations  and  methodology  to 
ensure  administrative  data  comparability  across  the  Union,  to  be  developed  in 
cooperation with Member States;  

2.  Establishment  of  a  data  collection  tool  and  its  deployment  with  accompanying 
guidelines issued by EIGE and approved by Member States in full alignment with the 
Directive; 

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3.  Development  of  guidelines  for  harmonisation  and  standardisation  of  crime 
statistics  on  violence  against  women  and  domestic  violence,  in  cooperation  with 
relevant stakeholders such as Eurostat and UNODC 

4.  Number  of  Member  States  supported  in  the  data  gathering  by  establishing 
common  standards  on  counting  units,  counting  rules,  common  disaggregations, 
reporting formats, and on the classification of offenses; 

5. Number of Member States able to report data on all forms of violence included in 
the Directive every year (data availability); 

6.  Number  of  Member  States  able  to  report  data  in  full  compliance  with  the  data 
provision requirements of the Directive every year (data comparability);  

7.  Number  of  Member  States  complying  with  European  Union  standards  for 
statistical metadata reporting every year; 

8. Number of visits to the data portal. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative 

The main requirements following entry into force of the proposal are as follows:  

-  Established  capacity  at  EIGE  (human  and  financial  resources  ensured),  in 
2025/202654; 

- Coordination  system  for data collection at  EU level  set  up (EIGE as  coordination 
body, network of researchers and data providers at MS level), in 2025-2026; 

- Requirements gathering and procurement initiation by EIGE in 2025/2026; 

-  Agreed  Standard  Operating  Procedures  (SOPs)  for  data  management,  including 
data collection, entry and validation, support standardization of VAW administrative 
data, in 2025-2026; 

-  Data  collection  tool  designed,  tested  and  hosted  on  a  suitable  online  platform 
established and managed by EIGE, in 2026; 

- Web-based platform to submit data with a secure data transfer operating, in 2027; 

- Maintenance and troubleshooting of the web-based platform, from 2027 onwards; 

- Regular publication and dissemination of collected statistics through EIGE’s gender 
statistics database, regularly from 2027 onwards. 

1.5.2.  Added  value  of  Union  involvement  (it  may  result  from  different  factors,  e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from  Union  intervention  which  is  additional  to  the  value  that  would  have  been 
otherwise created by Member States alone. 

The administrative data collection obligation is the only way to enable administrative 
data collection across the EU on a standardised basis. Since Member States currently 

54 

The presumed year of entry into force of the obligations. Depending on the exact year, the information 
mentioned in the LFS related to following years may need to be adapted.  

EN 

60 

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apply different methodologies for the collection of administrative data in this policy 
field, the availability of comparable data in Europe therefore remains limited.  

EIGE’s involvement is the most feasible way of structuring the data collection, since 
this task builds on the work already undertaken by EIGE on a voluntary basis with a 
limited number of Member States and data. It extends the task set out in Article 3(1) 
(a) and (b) of EIGE’s Founding Regulation (No 1922/2006) on “collecting, analysing 
and disseminating relevant objective, comparable and reliable information as regards 
gender equality, including results from research and best practice communicated to it 
the  objectivity, 
by  Member  States”  and  “developing  methods 
comparability  and  reliability  of  data  at  European  level  by  establishing  criteria  that 
will  improve  the  consistency  of  information  and  take  into  account  gender  issues 
when  collecting  data”.  It  will  make  the  existing  data  collection  obligatory  and 
regular, as well as broaden its scope to cover all Member States. 

improve 

to 

The  extended  task  would  be  fully  aligned  with  the  rules  and  policies  of  Eurostat: 
improving administrative data collection systems complies with the European Union 
through  re-engineering  a 
strategy  for  modernising  social  statistics,  namely 
production method where statistics are produced as parts of an integrated model. 

The  data  collection  is  crucial  for  monitoring  the  implementation  of  the  future 
directive,  which  is  set  to  take  place  at  regular  intervals  after  its  entry  into  force. 
Stakeholders  active  in  the  field  of  data  collection  (Council  of  Europe,  FRA,  also 
European Parliament) strongly call on the Commission to enable the creation of more 
reliable data on the topic in this manner.  

1.5.3.  Lessons learned from similar experiences in the past 

While the impact on national data recording systems might have been limited so far, 
the  work  carried  out  by  EIGE  since  2017  together  with  some  Member  States  on  a 
voluntary  basis  has  brought  about  some  considerable  improvements.  In  particular, 
their work in assessing Member States’ statistical capability to provide data on three 
major  forms  of  violence  against  women  (intimate  partner  violence,  rape  and 
femicide) has served to: 

-  Raise  awareness  about  the  importance  of  collecting  and  analysing  data  on  these 
forms of violence; 

- Improve the data collection and data analyses in some Member States (DE, EL); 

-  Develop  new  databases  devoted  to  the  collection  of  specific  data  on  domestic 
violence and the integration of different systems (administrative data collection from 
prosecutors, judiciary, police) that currently provide a fragmented picture. This  has 
led to the establishment of integrated systems in some Member States (PT, EL). 

The current voluntary-based work has also highlighted the following needs and key 
areas of improvement: 

-  The  need  to  share  good  practices  and  discuss  with  the  national  data  providers,  in 
order to improve their data collection systems; 

-  The  need  to  work  in  partnership  with  other  agencies  to  align  the  data  collection 
requirements, such as Eurostat, CoE (GREVIO), UNODC; 

-  The  importance  of    clear  definitions  and  concepts,  free  from  any  gender  bias,  to 
shed light on the forms of this kind of violence that remain invisible, underreported 
and underrecorded;  

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61 

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- The need for capacity building and training for national data providers; 

-  The  importance  of  the  data  collection  to  accurately  assess  the  risks  of  repeated 
victimisation and to develop better prevention measures. 

1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies 

with other appropriate instruments 

Administrative data collection on violence against women and domestic violence is a 
crucial part of creating an area of freedom, security and justice and a key part of the 
Gender  Equality  Strategy  2020-2025.  It  enables  Union-wide  monitoring  of  the 
prevalence  of  the  criminal  acts  that  constitute  violence  against  women  or  domestic 
violence. It creates new knowledge on the depth of the problem and would allow to 
monitor trends and shape policies for effective action against such violence. 

This  aim  is  explicitly  mentioned  in  the  EU  Gender  Equality  Strategy,  the  EU 
Strategy on the Rights of the Child (2021-2024), the EU Strategy on Victims’ Rights 
(2020-2025), the LGBTIQ Equality Strategy 2020-2025, the Strategy for the Rights 
of  Persons  with  Disabilities  2021-2030    and  the  European  Pillar  of  Social  Rights 
Action  Plan.  The  Gender  Action  Plan  III  makes  the  fight  against  gender-based 
violence  also  one  of  the  priorities  of  the  Union’s  external  action.  This  proposal  is 
included in the Commission’s Work Programme for 2021, and figures prominently in 
the political  guidelines and both the State of the Union 2021 and 2022 speeches of 
the President. 

1.5.5.  Assessment  of  the  different  available  financing  options,  including  scope  for 

redeployment 

The  costs  concerning  the  development  of  a  common  framework  for  administrative 
data collection should be borne by the Union budget  and should be reflected in the 
budget  of  the  concerned  agency  –  EIGE.  Withing  the  scope  of  this  proposal,  the 
increase in the EU contribution to EIGE will be financed from the Citizens, Equality, 
Rights  and  Values  (CERV)  Programme  for  the  period  2025-2027.  From  2028 
onwards  (see  section  1.6),  these  costs  will  become  an  integral  part  of  the  EU 
contribution to EIGE to be adopted by the budget authority via the annual budgetary 
procedure.  

EN 

62 

  EN 

 
1.6. 

Duration and financial impact of the proposal/initiative 

 limited duration  

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    Financial  impact  from  YYYY  to  YYYY  for  commitment  appropriations  and 

from YYYY to YYYY for payment appropriations.  

 unlimited duration 

–  Implementation with a start-up period from 2025/26 to 2027, 

–  followed by full-scale operation. 

1.7.  Management mode(s) planned55  

 Direct management by the Commission 

–   by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated; 

–   international organisations and their agencies (to be specified); 

–   the EIB and the European Investment Fund; 

–   bodies referred to in Articles 70 and 71; 

–   public law bodies; 

–   bodies governed by private law with a public service mission to the extent that 

they are provided with adequate financial guarantees; 

–   bodies governed by the private law of a Member State that are entrusted with 
the  implementation  of  a  public-private  partnership  and  that  are  provided  with 
adequate financial guarantees; 

–    persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP 

pursuant to Title V of the TEU, and identified in the relevant basic act. 

55 

Details of management modes and references to the Financial Regulation may be found on the 
BudgWeb site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  

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63 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

Monitoring and evaluation of the development and functioning of the data collection 
is  crucial  and  will  be  applied  by  following  the  principles  outlined  in  the  common 
approach on decentralised agencies. 

EIGE  must  send  each  year  to  the  Commission,  the  European  Parliament  and  the 
Council a Single Programming Document (SPD) containing multi-annual and annual 
work  programmes  and  resources  programming.  The  SPD  sets  out  the  objectives, 
expected  results  and  performance  indicators  to  monitor  the  achievement  of  the 
objectives and the results. 

Once  the  extended  administrative  data  collection  is  set  in  motion,  EIGE  would 
submit  a  report  to  the  European  Parliament  and  to  the  Council  explaining  how  the 
objectives, in particular relating to planning and costs, have been achieved. 

Two years after the start of operations and every year thereafter, EIGE would submit 
to  the  Commission  a  report  on  the  technical  functioning  of  the  data  collection 
activities.  

This activity will be regularly evaluated in the context of subsequent evaluations of 
EIGE,  which  are  conducted  in  accordance  with  Article  20  of  Regulation  (EC)  No 
1922/2006.  

2.2.  Management and control system(s)  

2.2.1. 

Justification of the management mode(s), the funding implementation mechanism(s), 
the payment modalities and the control strategy proposed 

Considering  that  the  proposal  impacts  the  annual  EU  contribution  to  EIGE,  the 
Union budget will be implemented via indirect management. 

Pursuant  to  the  principle  of  sound  financial  management,  the  budget  of  the  agency 
shall be implemented in compliance with effective and efficient internal control.  

Regarding ex-post controls, the agency is subject to:  

- internal audit by the Internal Audit Service of the Commission; 

- annual reports by the European Court of Auditors, giving a statement of assurance 
as  to  the  reliability  of  the  annual  accounts  and  the  legality  and  regularity  of  the 
underlying transactions; 

- annual discharge granted by the European Parliament; 

-  possible  investigations  conducted  by  OLAF  to  ensure,  in  particular,  that  the 
resources allocated to agencies are put to proper use; 

- a further layer of control and accountability by the European Ombudsman. 

2.2.2. 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them 

No specific risks have been identified at this stage. 

EN 

64 

  EN 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected levels 
of risk of error (at payment & at closure)  

The ratio of “control costs/payment of the related funds managed” is reported on by 
the Commission. The 2020 AAR of DG JUST reports 0.74% for this ratio in relation 
to  Indirect  Management  Entrusted  Entities  and  Decentralized  Agencies,  including 
EIGE.  

The  European  Court  of  Auditors  (ECA)  confirmed  the  legality  and  regularity 
transactions and the reliability of EIGE’s annual accounts for 2020, which implies an 
error  rate below 2%. There are no indications that  the error rate will worsen in  the 
coming  years.  The  reliability  of  2020  accounts  is  also  confirmed  based  on  the 
verification by an independent external auditor. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy. 

The measures related to  combating fraud and irregularities are outlined, inter alia, in 
EIGE’s  Anti-fraud  Strategy  2021-2023.  EIGE  participates  in  fraud  prevention 
activities of the European Anti-fraud Office and is obliged to inform the Commission 
without delay on cases of presumed fraud and other financial irregularities. 

EN 

65 

  EN 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework 

Number  

Type of  
expenditure 

Diff./Non-
diff.56 

Contribution  

from 
EFTA 
countries
57 

from 
candidate 
countries58 

from third 
countries 

within the meaning 
of Article 21(2)(b) 
of the Financial 
Regulation  

Heading 
2  

Heading 
2 

07.100500  European 
Gender Equality 

Institute 

for 

Diff. 

NO 

NO 

NO 

NO 

07.0603 - Daphne 

Diff. 

NO 

Yes 

NO 

NO 

  New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number  

[XX.YY.YY.YY] 

Diff./Non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

YES/NO  YES/NO  YES/NO 

YES/NO 

56 
57 
58 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

EN 

66 

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3.2. 

Estimated financial impact of the proposal on appropriations  

3.2.1. 

Summary of estimated impact on operational appropriations  

–    The proposal/initiative does not require the use of operational appropriations  

–    The proposal/initiative requires the use of operational appropriations, as explained below: 

Heading of multiannual financial  
framework  

Number  Heading 2: Cohesion, Resilience and Values  

EUR million (to three decimal places) 

EUR million (to three decimal places) 

Body: EIGE 

Year 
N59 

Year 
N+1 

Year 
N+2 

Title 1: Staff expenditure60 

Title 2: Infrastructure and operating 
expenditure  

Title 3:Operational expenditure 

Commitments 
Payments 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

(3a) 

(3b) 

0,200 
0,200 
0,050 

0,050 

0,200 
0,200 
0,250 

0,250 

0,200 
0,200 
0,050 

0,050 

0,50061 

0,50062 

0,50063 

0,500 

0,500 

0,500 

Enter as many 
years as 
necessary to 
show the 
duration of the 
impact (see 
point 1.6) 

TOTAL 

0,600 
0,600 
0,350 

0,350 

1,500 

1,500 

The activity is presumed to start in 2025/2026 (depending on the date of entry into force of the directive) and has no end date.  

59 
The estimation for the following years is the same, taking into account the correction coefficient and increase of salaries for Title 1, inflation for Titles 2 and 3. 
60 
61 
62 
63 

Staff expenditure as calculated by the Agency (i.e. expected real costs / not standard average cost). 
Estimation based on similar projects; subject to market prices. 
Estimation based on similar projects; subject to market prices. 
Estimation based on similar projects; subject to market prices. 

EN 

67 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL appropriations 
for EIGE 

Commitments 

Payments 

=1+1a 
+3a 

=2+2a 

+3b 

0,750 

0,950 

0,750 

0,750 

0,950 

0,750 

2,450 

2,450 

Heading of multiannual financial  
framework  

7 

‘Administrative expenditure’ 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  

TOTAL 

EUR million (to three decimal places) 

DG: <…….> 

 Human Resources  
 Other administrative expenditure  

TOTAL DG <…….> 

Appropriations  

TOTAL appropriations 
under HEADING 7 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

EUR million (to three decimal places) 

EN 

68 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Year 
N64 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

TOTAL appropriations  
under HEADINGS 1 to 7 
of the multiannual financial framework  

Commitments 

Payments 

3.2.2.  Estimated impact on EIGE's appropriations  

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

OUTPUTS 

Commitment appropriations in EUR million (to three decimal places) 

Enter as many years as necessary to show the 
duration of the impact (see point 1.6) 

TOTAL 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost 

o
N

Cost 

Total 
No 

Total 
cost 

Indicate 
objectives 
and outputs  

 

Type65 

Av
era
ge 
co
st 

SPECIFIC OBJECTIVE No 166 
Develop disaggregations and 
methodology in cooperation with 
Member States in order to ensure 
administrative data comparability 
across the European Union 

64 

65 
66 

Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for 
the following years. 
Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in point 1.4.2. ‘Specific objective(s)…’ 

EN 

69 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- Output 

Develop tool for 
data 
disaggregation  

- Output 

Develop 
methodology for 
data 
comparability  

0,071 

0,071 

0,071 

0,071 

0,071 
0,071 

0,071 
0,071 

Subtotal for specific objective No 1 

0,142 

0,142 
0,071 

0,142 
0,071 

SPECIFIC OBJECTIVE No 2 
Support Member States in the data 
gathering by establishing common 
standards on counting units, 
counting rules, common 
disaggregations, reporting formats, 
and on the classification of offenses 

- Output 

Reporting 
format 
integrated in the 
platform and 
implemented by 
Member States 

Operating 
Procedures 
adopted by all 
EU Member 
States 

Relevant data 
securely 
received from 
Member States 
to EIGE 

0,071 

0,071 

0,071 

0,071 

0,071 

0,071 

0,071 

0,071 

0,071 

EN 

70 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
0,071 

0,071 

0,071 

0,074 

0,074 

0,074 

Data transferred 
in a structured 
semi automated 
way 

Data made 
publicly 
available on the 
web, ensuring 
compliance with 
GRDP 

Subtotal for specific objective No 2 

0,358 

0,358 

TOTAL COST 

0,500 

0,500 

0,358 

0,500 

EN 

71 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.  Estimated impact on EIGE's human resources   

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–    The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below: 

–  EUR million (to three decimal places) 

Year 
N 67 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

–   

Temporary agents (AD 
Grades)68 

Temporary 
(AST grades) 

agents 

0,070 

0,070 

0,070 

Contract staff69 

0,130 

0,130 

0,130 

Seconded National 
Experts 

TOTAL 

–   

–   

–  Staff requirements (FTE): 

Year 
N 70 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

–   

Temporary agents (AD 
Grades) 

Temporary 
(AST grades) 

agents 

Contract staff 

1 

2 

1 

2 

1 

2 

67 

68 

69 

70 

The  activity  is  presumed  to  start  in  2025/2026  (depending  on  the  date  of  entry  into  force  of  the 
directive) and has no end date. 
Staff expenditure as calculated by the Agency (i.e. expected real costs / not standard average cost). 

Staff expenditure as calculated by the Agency (i.e. expected real costs / not standard average cost). 

The  activity  is  presumed  to  start  in  2025/2026  (depending  on  the  date  of  entry  into  force  of  the 
directive) and has no end date. 

EN 

72 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
 
Seconded National 
Experts 

–   

TOTAL 

EN 

73 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.1.  Estimated requirements of human resources  

–    The proposal/initiative does not require the use of human resources.  

–    The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full time equivalent units 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

 Establishment plan posts (officials and temporary staff) 

20 01 02 01 (Headquarters and Commission’s Representation 
Offices) 

20 01 02 03 (Delegations) 

01 01 01 01  (Indirect research) 

 01 01 01 11 (Direct research) 

Other budget lines (specify) 

 External staff (in Full Time Equivalent unit: FTE)71 

20 02 01 (AC, END, INT from the ‘global envelope’) 

20 02 03 (AC, AL, END, INT and JPD in the delegations) 

XX 01  xx yy zz  72 

- at Headquarters 

- in Delegations  

01 01 01 02 (AC, END, INT - Indirect research) 

 01 01 01 12 (AC, END, INT - Direct research) 

Other budget lines (specify) 

TOTAL 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to management of the 
action  and/or  have  been  redeployed  within  the  DG,  together  if  necessary  with  any  additional  allocation  which 
may  be  granted  to  the  managing  DG  under  the  annual  allocation  procedure  and  in  the  light  of  budgetary 
constraints. 

Description of tasks to be carried out: 

Officials and temporary staff 

External staff 

71 

72 

AC=  Contract  Staff;  AL  =  Local  Staff;  END=  Seconded  National  Expert;  INT  =  agency  staff; 
JPD= Junior Professionals in Delegations.  
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 

EN 

74 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.4.  Compatibility with the current multiannual financial framework  

–    The  proposal/initiative  is  compatible  the  current  multiannual  financial 

framework. 

–    The proposal/initiative will entail reprogramming of the relevant heading in the 

multiannual financial framework. 

This  proposal  will  required  reprogramming  of  the  relevant  heading  in  the  multiannual  financial 
framework.  The  source  for  redeployment  is  the  Citizens,  Equality,  Rights  and  Values  Programme 
(CERV)  programme  -–  Daphne  strand  (07.0603)  to  increase  EIGE  budget  line  (07.1005)  for  the 
period 2025-2027. 

–    The  proposal/initiative  requires  application  of  the  flexibility  instrument  or 

revision of the multiannual financial framework73. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions  

The proposal/initiative: 

–    does not provide for co-financing by third parties 

–    provides for the co-financing by third parties estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
N74 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
co-financed  

73 

74 

See  Articles  12  and  13  of  Council  Regulation  (EU,  Euratom)  No  2093/2020  of  17  December  2020 
laying down the multiannual financial framework for the years 2021 to 2027. 
Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the 
expected first year of implementation (for instance: 2021). The same for the following years. 

EN 

75 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–    The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

 

 

on own resources  

on other revenue 

       please indicate, if the revenue is assigned to expenditure lines

Appropriations 
available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

     EUR million (to three decimal places) 

Impact of the proposal/initiative75 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

For assigned revenue, specify the budget expenditure line(s) affected. 

Other  remarks  (e.g.  method/formula  used  for  calculating  the  impact  on  revenue  or  any  other 
information). 

75 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20 % for collection costs. 

EN 

76 

  EN