Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA
Date: 2023-07-12
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: child protection, crime against individuals, criminal proceedings, domestic violence, fight against crime, gender-based violence, help for victims, judicial cooperation in criminal matters in the EU, right to information, right to justice

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   EUROPEAN COMMISSION  Brussels, 12.7.2023  COM(2023) 424 final 2023/0250 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA {SEC(2023) 270 final} - {SWD(2023) 246 final} - {SWD(2023) 247 final}  
 
EXPLANATORY MEMORANDUM 

1. 

 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

This  proposal  provides  for  a  set  of  targeted  measures  to  improve  victims’  ability  to  rely  on 
their rights under Directive 2012/29/EU1 (the Victims’ Rights Directive or VRD). The VRD 
is the main horizontal instrument for victims’ rights. It lays down rights for all victims of all 
crimes,  including  the  right  to  information,  the  right  to  support  and  protection  based  on 
victims’  individual  needs,  procedural  rights,  and  the  right  to  receive  a  decision  on 
compensation  from  the  offender  at  the  end  of  criminal  proceedings.  The  VRD  has  been 
applicable  since  November  2015  in  all  EU  Member  States,  except  Denmark,  which  is  not 
bound by the Directive. 

In June 2020, the European Commission adopted the EU strategy on victims’ rights (2020-
2025)2 to step up its efforts to ensure access to justice for all victims of crime no matter where 
the crime took place in the EU or under what circumstances. The strategy identifies five key 
priorities: (i) effective communication with victims and a safe environment for them to report 
crime; (ii) improving support and protection for the most vulnerable victims; (iii) facilitating 
victims’ access  to  compensation;  (iv) strengthening  cooperation and coordination  among  all 
relevant  actors;  and  (v)  strengthening  the  international  dimension  of  victims’  rights.  The 
strategy  sets  out  non-legislative  action  for  the  Commission,  Member  States  and  other 
stakeholders  to  achieve  these  objectives.  The  strategy  also  tasked  the  Commission  with 
assessing if a revision of the Victims’ Rights Directive was necessary and, if so, to propose 
the necessary amendments. 

The adoption of the VRD in 2012 was a crucial development in strengthening victims’ rights 
and victim-centred justice in the EU. It has played a major role in creating a European area of 
freedom, security, and justice. Nonetheless,  several shortcomings in  its practical application 
have been identified. These are addressed through this targeted revision of the Directive. 

The shortcomings were identified in the VRD evaluation report, adopted by the Commission 
on 28 June 20223. The evaluation shows that, although the Directive has broadly delivered 
the  expected  benefits  and  positively  affected  victims’  rights,  specific  problems  related  to 
victims’ rights under the Directive persist. 

Victims’  treatment  by  the  competent  authorities  and  the  victims’  ability  to  participate  in 
criminal  proceedings  have  improved  overall.  The  evaluation  has  shown  that  the  VRD  is 
satisfactorily  coherent  and  consistent  with  other  legislation.  The  VRD  has  had  a  positive 
impact on victims’ rights to access information and improved their access to support services, 
notably to general support services that are now available to all victims of all crime. Overall, 
the VRD has improved victims’ safety. 

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Directive  2012/29/EU  of  the  European  Parliament  and  the  European  Council  establishing  minimum 
standards  on  the  rights,  support  and  protection  of  victims  of  crime,  OJ  L  315,  14.11.2012,  p.  57, 
replacing Council Framework Decision 2001/220/JHA. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions on EU Strategy on victims’ rights 
(2020-2025), COM/2020/258 final. 
Commission Staff Working Document, Evaluation of Directive 2012/29/EU of the European Parliament 
and of the Council of 25 October 2012 (SWD/2022/0179 final). 

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However, despite these positive developments, the evaluation highlights specific problems 
with each of the rights in the VRD that require targeted improvement. The problems are 
linked  to  the  lack  of  clarity  and  precision  with  which  certain  rights  are  formulated  in  the 
Directive  and  to  the  large  margin  of  manoeuvre  for  Member  States  to  transpose  them.  This 
has  led,  in  some  cases,  to  limitations  on  the  practical  application  of  victims’  rights  and 
differences in how Member States have transposed the Directive. For example, in relation to 
the  right  to  individual  assessment  of  victims’  needs  and  the  right  to  specialised  support 
services,  the  essential  elements  are  left  to  the  national  procedures.  Similarly,  in  relation  to 
right to receive a decision on compensation from the offender, too large margin of manoeuvre 
is  left  to  the  Member  States.  These  have  been  damaging  for  the  practical  application  of 
victims’ rights. 

These  problems  hamper  victims’  ability  to  rely  on  their  rights  under  the  Directive  and 
undermine the trust  in  national  justice schemes  and  those in other Member States.  This low 
level  of  trust  results  in  an  underreporting  of  crime  as  victims  simply  prefer  not  to  report  it. 
They  do  not  have  confidence  that  the  competent  authorities  will  take  the  necessary  action 
once the crime has been reported. This harms the smooth functioning of the European area of 
freedom, security  and justice.  Tackling these problems  requires an  amendment to  the VRD, 
which can only be achieved at the EU level.  

There are five main problems, which are described below. 

1. 

2. 

3. 

4. 

5. 

Victims  do  not  always  receive  information  about  their  rights,  or  they  receive 
inadequate  information  that  makes  it  more  difficult  or  impossible  for  them  to 
exercise those rights. For instance, victims who do not report crime are, in practice, 
deprived  of  their  right  to  receive  information  about  their  rights  at  the  first  contact 
with  the  competent  authorities.  Moreover,  as  confirmed  in  the  Vociare  report4, 
according  to  professionals,  only  30%  of  children,  26%  of  persons  with  intellectual 
disabilities  and  26%  of  illiterate  persons  living  in  the  EU  receive  information  in  a 
way that is adapted to their needs. 

Vulnerable victims (such as children, older people, persons with disabilities, victims 
of  hate  crime  and  victims  in  detention)  do  not  always  benefit  from  a  timely 
assessment  of  their  needs  for  protection  and  are  deprived  of  effective  protection 
measures, such as protection orders. 

Vulnerable  victims  often  cannot  rely  on  specialist  support,  such  as  extended 
psychological treatment, and child victims often cannot rely on a targeted approach 
based on multi-agency cooperation. 

Victims’ participation in criminal proceedings is often difficult due to a lack of legal 
advice and guidance and differences in rules on victims’ status in these procedures. 

Victims’ access to compensation in domestic and cross-border cases is difficult due 
to  the  lack  of  state  support  when  enforcing  the  ordered  compensation  from  the 
offender, leading to a risk of secondary victimisation. 

Moreover,  the  minimum  standards  on  what  constitutes  child-friendly5  and  victim-centred 
justice6 have risen in the past 10 years. Therefore, to ensure that victims can fully rely on their 

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Vociare Synthesis Report, published in 2019 by Victim Support Europe and Portuguese Association of 
Victims’ Rights (APAV). The report assesses the practical application of the Victims’ Rights Directive 
in 26 EU Member States. 
See, for instance, the rapid growth of the Barnahus model (children houses) in Member States. 

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rights based on their current needs and recent developments in justice and in technology, this 
revision  proposes  more  far-reaching  minimum  rules  than  those  adopted  in  2012.  These  are 
based on best practices from Member States. 

This revision aims to respond to the above-mentioned specific problems by targeting a set of 
general and specific objectives (with one specific objective for each specific problem). 

The general objective of this revision is to contribute to a well-functioning area of freedom, 
security and justice based on: 

 

 

 

an efficient recognition of judgments and judicial decisions in criminal matters; 

a high level of security due to improved crime reporting7; 

victim-centred  justice,  where  victims  are  recognised  and  can  rely  on  their 
rights. 

The specific objectives of this revision include: 

(i) 

a significant improvement in victims’ access to information; 

(ii) 

a  better  alignment  of  protection  measures  with  victims’  needs  to  ensure  the 
safety of vulnerable victims; 

(iii)  an improved access to specialist support for vulnerable victims; 

(iv)  more effective participation in criminal proceedings for victims; and 

(v) 

facilitated  access  to  compensation  from  the  offender  in  all  cases,  including 
national and cross-border cases.  

The  specific  objectives  and  their  outcomes  have  been  carefully  assessed  in  the  impact 
assessment. A more detailed explanation of the objectives and corresponding amendments to 
the Victims’ Rights Directive is presented in Section 3 on the impact assessment. 

 

Consistency with existing policy provisions in the policy area 

The VRD was adopted on 25 October 2012. It has not been amended or revised since then. In 
addition  to  the VRD, the EU  legislation on victims’ rights  includes the  2004 Compensation 
Directive8 and EU rules on protection orders9. These instruments are also horizontal and are 
applicable to all victims of crime. 

Furthermore, the EU legislation on victims’ rights includes sectorial legislation composed of 
several  instruments  addressing  the  specific  needs  of  victims  of  certain  categories  of  crimes. 
These  include  the  Directive  on  preventing  and  combating  trafficking  in  human  beings  and 

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See,  for  instance,  Re-just  project  ‘Action  plan  for  developing  victim  centred  and  trauma  informed 
criminal  justice  systems’,  published  in  2021,  that  presents  the  recent  standards  on  victims’  access  to 
information, including helplines, coordinated approach to support, victims’ protection and participation 
in justice. 
As a result of the proposed amendments, 10-20% of victims who indicated not reporting crime due to 
fears of reprisal would do so as explained in the impact assessment. 
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime  victims, OJ L 261, 
6.8.2004, p. 15 - 18. 
Directive  2011/99/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on  the 
European  protection  order  (OJ  L338,  21.12.2011,  p.  2)  and  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 L181, 29.6.2013, p. 4). 

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protecting its victims10, the Directive against sexual abuse and sexual exploitation of children 
and  child  pornography11,  the  Counter-terrorism  Directive12,  and  the  Directive  on  combating 
fraud and counterfeiting of non-cash means of payment13. On 8 March 2022, the Commission 
adopted  a  proposal  for  a  Directive  on  combating  violence  against  women  and  domestic 
violence (the VAW proposal)14. On 19 December 2022, the Commission presented a proposal 
to amend Directive 2011/36/EU on preventing and combating trafficking in human beings and 
protecting its victims15. 

The  sectorial  legislation  criminalises  certain  acts  and  provides  for  additional  rights  to 
victims of those crimes that respond more directly to their specific needs. The sectorial 
legislation  does  not  replace  the  VRD’s  rules.  The  provisions  of  the  sectorial  legislation 
build  on  the  VRD  and  are  applicable  in  addition  to  those  of  the  VRD.  The  sectorial 
legislation  supplements  the  VRD  by  providing  additional  rights  to  victims  of  specific 
categories of crimes under the sectorial legislation. Following the revision of the VRD, all 
victims,  including  those  covered  by  the  sectorial  legislation,  will  benefit  from  strengthened 
rules  on  victims’  rights.  The  revision  of  the  VRD  is  fully  consistent  with  the  sectorial 
legislation. It will not require any revisions of adopted or proposed sectoral legislation. 

In  the  impact  assessment,  the  Commission  has  carefully  assessed  the  consistency  of  this 
proposal with all sectorial legislation. In particular, the consistency of the proposed measures 
on  victim  helplines,  improved  individual  assessments  and  targeted  and  integrated  measures 
have  been  checked  against  the  sectorial  legislation.  This  includes  existing  legislation  on 
victims of terrorism and child victims of sexual abuse and proposed measures on victims of 
violence against women or domestic violence and victims of trafficking in human beings. The 
assessment  showed  that  the  proposed  measures  complement  and  strengthen  the  sectorial 
legislation. 

The  level  of  protection  envisaged  in  the  sectorial  legislation  does  not  serve  as  a 
benchmark for raising standards for all victims of all crime under this revision.  As the 
sectorial  legislation  measures  are  devised  with  a  focus  on  the  specific  needs  of  victims  of 
particular categories of crimes, they may not be relevant or proportionate for all victims of all 
crimes. Nonetheless, some of the measures proposed under this revision may contain elements 
already  covered  by  the  sectorial  legislation.  This  is  inevitable  given  the  common  subject 
matter  of  victims’  rights  and  the  fact  that  the  VRD  is  applicable  to  all  victims,  which 
include  non-vulnerable  and  vulnerable  victims.  Vulnerable  victims  under  the  VRD  are 
those  who  are  in  need  of  specialist  support  and  protection  measures,  including  but  going 
beyond victims covered by the existing and proposed sectorial legislation, such as victims of 
terrorism or victims of violence against women and domestic violence. For instance, ensuring 
free psychological support for vulnerable victims for as long as necessary is proposed under 

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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,  and  replacing  Council  Framework 
Decision 2002/629/JHA (OJ L101, 15.4.2011, p. 1). 
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 L335, 17.12.2011, p. 1). 
Directive  (EU)  2017/541  of  the  European  Parliament  and  of  the  Council  of  15  March  2017  on 
combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council 
Decision 2005/671/JHA. OJ. 
Directive 2019/713 (OJ L123, 10.5.2019, p. 18). 
COM (2022) 105 final, 8.3.2022. 
COM (2022) 732 final, 19.12.2023. 

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this  revision  as  an  amendment  to  Article  9(1)(c).  This  is  already  a  right  for  victims  of 
terrorism under Article 24(2) of the Counter-terrorism Directive. The consistency of the VRD 
with the sectorial legislation is fully ensured in this case because victims of crimes covered by 
the sectorial legislation continue to benefit from their rights under both. Following the entry 
into application of the revised VRD, victims of terrorism will continue to benefit from their 
right to free psychological support alongside other categories of vulnerable victims. 

Further  clarification  is  necessary  in  relation  to  targeted  and  integrated  specialist 
support service for victims with  specific  needs. Article 9(3)(b) of the VRD refers to  such 
support  in  particular  for  victims  of  sexual  violence,  victims  of  gender-based  violence  and 
victims of violence in close relationships. It does not refer explicitly, however, to other groups 
of victims with specific needs. Therefore, the amendment proposed to the VRD clarifies that 
targeted  and  integrated  support  services  should  be  available  to  other  victims  with  specific 
needs  such  as  victims  of  trafficking  in  human  beings,  victims  of  organised  crimes,  victims 
with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims 
of core international crimes. This does not affect the obligations for Member States, under the 
VAW  proposal  to  ensure  access  to  targeted  and  integrated  services  to  victims  of  crimes 
covered by the VAW proposal and notably to victims of rape (the rape centres under Article 
28  of  the  VAW  proposal)  or  victims  of  female  genital  mutilation  (under  Article  29  of  the 
VAW proposal). 

Moreover,  in  response  to  the  shortcomings  identified  in  the  evaluation,  this  proposal  also 
requires Member States to set up specific protocols that will organise the actions of specialist 
support services to comprehensively address the multiple needs of victims with specific needs 
(see the newly added paragraph 4 of Article 9 of the VRD). 

In  order  to  ensure  that  there  is  no  misunderstanding  as  to  the  scope  of  Member  States’ 
obligations  under  the  VAW  proposal  and  this  proposal  on  the  revision  of  the  VRD,  it  is 
proposed  to  introduce  in  the  VRD  an  explicit  provision  requiring  Member  States  to  ensure 
that  they  transpose  their  obligations  under  this  proposal  without  affecting  their  obligations 
under  the  VAW  proposal.  In  addition,  to  align  the  VRD  with  the  terminology  used  in  the 
VAW proposal, this proposal clarifies that where the VRD refers to victims of gender-based 
violence,  such  notion  should  include  victims  of  violence  against  women  and  victims  of 
domestic violence. 

This revision is also fully consistent with the EU strategy on victims’ rights as demonstrated 
in the impact assessment. 

 

Consistency with other EU policies 

This revision is also consistent with other  EU policies, including digitalisation. Notably, the 
proposed  provision  on  the  use  of  electronic  means  of  communication  responds  to 
developments  in  technology  in  line  with  the  Commission’s  digitalisation  policy,  including 
the digitalisation of justice16. To address the identified shortcomings, Member States will be 
obliged  to  provide  for  a  possibility  for  victims  to  exercise  their  rights  to  information  and 
access  justice using electronic communication. The proposed measures also facilitate access 
to  justice  for  victims  in  cross-border  cases  by  requesting  Member  States  to  facilitate 
participation  in  criminal  proceeding  for  victims  who  are  resident  abroad  via  video 

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Regulation  (EU)  No  910/2014  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on 
electronic  identification  and  trust  services  for  electronic  transactions  in  the  internal  market  and 
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 

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conferencing  and  telephone  conference  calls.  Such  requirement  overcomes  the  current 
limitation under Directive 2012/29/EU which provides for such a possibility but only for the 
purpose  of  hearing  victims  in  line  with  the  Convention  on  Mutual  Assistance  in  Criminal 
Matters between the Member States of the European Union of 29 May 200017. 

The revision focuses on  ensuring the use of electronic communication. By facilitating equal 
access  to  information,  protection,  support,  justice  and  compensation,  the  revision  of  the 
Victims’  Rights  Directive  will  enable  all  victims  to  exercise  their  rights  in  a  more  equal 
manner. This will significantly contribute to the UN Sustainable Development Goal (SDG) 
10 aiming to reduce inequalities. 

With  its  overall  goal  to  increase  trust  in  the  institutions  and  services  supporting  victims  of 
crime,  the  initiative  will  contribute  to  promoting  the  rule  of  law  and  ensure  equal  access  to 
justice addressed by SDG 16 on peace, justice and strong institutions. 

Improvements  would  also  be  expected  in  the  longer  term  on  good  health  and  well-being 
(SDG  3).  This  will  be  achieved  by  better  protecting  victims  and  reducing  secondary 
victimisation. Some indirect effects that help discourage crime will also contribute to progress 
in  this  SDG,  e.g.  higher  levels  of  crime  reporting,  legal  pursuits  and  more  largely  enforced 
judgments. 

2. 

 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal  basis for this  action is  Article 82(2)(c) of the  Treaty on the Functioning of the 
European Union (TFEU). This allows the EU to lay down minimum rules on victims’ rights: 
(i) to the extent that it is necessary to facilitate mutual recognition of judgments and judicial 
decisions  and  police  and  judicial  cooperation  in  criminal  matters  with  a  cross-border 
dimension; and (ii) provided that differences between the legal traditions and systems of the 
Member States are taken into account. Minimum rules on the rights of victims of crime is not 
limited  to  cross-border  situations.  Similar  to  minimum  standards  for  suspects  and  accused 
persons, the EU can lay down minimum standards for national rules to increase mutual trust 
in  the  judicial  systems  of  other  Member  States.  This  can  improve  the  functioning  of  the 
mutual  recognition  of  judgments  and  decisions  in  criminal  matters  with  a  cross-border 
dimension. 

 

Subsidiarity 

For mutual recognition and judicial cooperation to be fully effective, there must be mutual 
trust in other Member States’ criminal justice systems. There should be mutual confidence 
in  justice  systems’  standards  of  fairness  and  justice,  and  the  public  should  have  confidence 
that the same minimum rules will be applied if they travel or live abroad. As acknowledged in 
the Treaty, setting up minimum standards on the rights of suspects and accused  persons and 
on the rights of victims is key to facilitating mutual recognition. The Treaty requires the EU to 
act in these areas in advance (that is before the trust in other Member States’ justice schemes 
is broken) to strengthen this trust. 

The VRD and the sectorial  legislation  have  already harmonised victims’  rights  significantly 
and therefore contributed to raising trust in other Member States’ judicial systems. However, 
as described in the evaluation and confirmed in the consultations, despite progress in setting 

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OJ C 197,12.7,2000, p. 3 

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minimum  standards  on  victims’  rights,  some  Member  States  have  not  been  able  to 
safeguard these rights effectively within the scope permitted by the VRD. 

Furthermore, minimum standards have changed in the past 10 years since the adoption of the 
VRD.  This  is  linked  to  developments  in  justice  (child-friendly  and  victim-centred  justice), 
society  (such  as  a  bigger  need  for  a  coordinated  approach  to  ensure  that  victim  support 
services  are  always  available  in  a  crisis18)  and  technology  (digitalisation,  the  rise  in  online 
crime  and  new  technologies  for  victim  support,  protection  and  access  to  justice).  More  far-
reaching minimum standards must be set to ensure the effectiveness of the VRD and maintain 
mutual trust among national authorities. 

The  EU  added  value  should  mainly  come  from  facilitating  judicial  cooperation  in 
criminal  matters  and  ensuring  the  smooth  functioning  of  the  European  area  of  freedom, 
security and justice. For this to happen, trust in equal access to victims’ rights independent 
of where in the EU the crime has occurred is essential. One example where a high level of 
trust  in  victims’  rights  is  required  is  the  decision  of  judicial  authorities  on  a  transfer  of 
proceedings  to  another  Member  State.  Under  Framework  Decision19  2009/948/JHA, 
competent national authorities may contact each other when they have reasonable grounds to 
believe that parallel proceedings are being conducted in another Member State,  which could 
lead to a transfer of proceedings to another Member State. When deciding on the transfer, the 
national authorities take into account the extent to which the victims in the proceedings can 
rely on their rights in the Member State of transfer. To take decisions on transfers, it is crucial 
for judicial authorities to have a high level of trust that victims will benefit from an equivalent 
level of access to support, protection, the possibility of participating in criminal proceedings, 
and  access  to  offender’s  compensation  in  the  Member  State  to  which  the  proceedings  are 
transferred. This is particularly important given that the Commission has recently proposed a 
Regulation on the transfer of proceedings in criminal matters20 to facilitate ensuring that the 
best-placed Member State investigates or prosecutes a criminal offence21. 

The  EU  added  value  also  lies  in  tackling  the  scale  and  nature  of  the  problems  that 
cannot be dealt with by Member States alone.  

 

Proportionality 

The measures proposed in this revision has been carefully assessed in the impact assessment. 
Proportionality has been reflected in the level of action in national legal systems. This action 
is set out in three alternative solutions for each of the five specific objectives (from the least 

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Upholding  fundamental  rights  in  times  of  crisis  |  European  Union  Agency  for  Fundamental  Rights 
(europa.eu), 13 October 2022. 
Framework Decision 2009/948/JHA. 
The Commission proposal for a Regulation on transfer of proceedings in criminal matters COM (2023) 
185 final 2023/0093 (COD) was adopted on 5 April 2023. 
Another  example  where  trust  is  required  is  when  competent  national  authorities  join  a  joint 
investigation  team  (JIT).  A  JIT  is  a  form  of  close  cooperation  between  competent  judicial  and  law 
enforcement  authorities  of  two  or  more  Member  States  to  deal  with  complex  and  often  large-scale 
cross-border cases (based on Council Framework Decision of 13 June 2002). These cases often involve 
vulnerable victims from  several Member States, such as victims of trafficking, victims of child sexual 
exploitation  or  victims  of  core  international  crimes.  This  requires  a  high  level  of  trust  that  victims 
involved  in  the  investigations  will  be  adequately  treated  by  all  partners  and  that  their  rights  will  be 
respected in all countries concerned. The JIT on alleged core international crimes committed in Ukraine 
(with seven Member States participating) is a recent example involving Ukrainian victims of war crime 
who have fled the country to different EU Member States. 

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onerous to the most for Member States). The proportionality of each of the proposed measures 
has been also carefully assessed and tested with stakeholders in the consultations.  

 

Choice of the instrument 

As  specified  in  Article  82(2)  of  TFEU,  the  EU  legislator  can  act  by  means  of  directives.  A 
directive is binding on each Member State as to the result to be achieved but leaves the choice 
of form and methods to the national authorities. 

3. 

 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

EX POST 

OF 

STAKEHOLDER 

Stakeholder consultations 

In  preparing  the  evaluation and impact  assessment of the Victims’ Rights Directive, the 
Commission consulted a wide range of stakeholders. 

In December 2020, the Commission published the evaluation roadmap for this initiative on 
the Have your say website22. That consultation received 56 responses. On 28 June 2022, the 
Commission adopted its evaluation of the Victims’ Rights Directive23. A support study and 
data  collection  that  included  a  public  consultation24  fed  into  the  evaluation.  In  the  public 
consultation, the Commission received 95 contributions, including 20 position papers. 

As  part  of  the  impact  assessment  on  the  revision  of  the  victims’  rights  legislation,  the 
Commission  carried  out  the  following  consultations:  a  call  for  evidence25  (53  responses 
received);  a  public  consultation  (72  replies  were  received,  including  15  position  papers  of 
which  one  was  later  revised);  targeted  consultations  with  Member  State  experts,  the 
Victims’ Rights Platform and a group of criminal law experts; and broad consultations as 
part  of  the  external  contractor’s  study  to  support  the  impact  assessment  on  the  cost  and 
benefits of the policy options. 

The  following  stakeholder  categories  were  consulted:  (i)  professionals  working  with 
victims,  including  judicial  authorities  in  Member  States,  central  authorities  and  law 
enforcement authorities; (ii) members of civil society organisations working with victims, 
namely EU and national victim support organisations and support services; (iii) EU agencies 
and networks, including the EU Agency for Criminal Justice Cooperation (Eurojust), the EU 
Agency for Law Enforcement Cooperation (Europol), the EU Agency for Law Enforcement 
Training  (CEPOL),  the  European  Network  for  Victims’  Rights,  the  EU  network  of  national 
contact points on compensation, the single contact points for victims of terrorism in Member 
States,  the  European  Judicial  Network  in  criminal  matters,  and  the  Fundamental  Rights’ 
Agency (FRA), the European External Action Service; (iv) international organisations, such 
as  the  Council  of  Europe;  (v)  research  and  academic  organisations;  and  (vi)  the  public, 
including victims. 

 

Collection and use of expertise 

22 
23 

24 
25 

Supporting crime victims – evaluation of the Victims’ Rights Directive (europa.eu). 
Commission Staff Working Document, Evaluation of Directive 2012/29/EU of the European Parliament 
and of the Council of 25 October 2012 (SWD(2022) 180 final). 
Supporting crime victims – evaluation of the Victims’ Rights Directive (europa.eu). 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13096-Criminal-justice-EU-
rules-on-victims-rights-update-_en 

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This proposal builds upon evidence gathered as part of the evaluation and impact assessment 
of the Victims’ Rights Directive. 

Many reports and studies on victims’ rights and the implementation of the VRD in Member 
States  have  also  fed  into  this  revision.  These  include  several  reports  from  EU-funded 
projects26.  The  Commission  has  also  launched  a  cost-benefit  analysis,  carried  out  by  an 
external contractor, to assess the financial feasibility of the main options. 

In addition, the Commission took into account previous work carried out by the European 
Parliament.  This  included  a  study  on  the  implementation  of  the  Victims’  Rights  Directive, 
conducted by the Research Service of the European Parliament in 201727, a study requested 
by the Committee on Civil Liberties, Justice and Home Affairs (LIBE) on criminal procedural 
laws  across  the  EU28,  and  Parliament’s  Resolution  on  minimum  standards  on  the  rights, 
support and protection of victims29. 

 

Impact assessment 

The impact assessment  accompanying this proposal  draws on the findings of the  evaluation 
conducted by the Commission. 

The Commission considered several legislative policy options in the impact assessment. Non-
legislative options were  excluded  given that the  EU strategy on  victims’  rights  (2020-2025) 
already  includes  non-legislative  measures  to  be  implemented  in  the  coming  years,  but  their 
expected impact is included in the baseline. 

The  amendments  proposed  in  the  preferred  package  of  policy  options  in  the  impact 
assessment will achieve the following: 

  More effective access to information, particularly through to the obligation to 
set  up  victim  helplines  that  provide  all  victims  who  contact  them,  including 
those who do not report a crime, with information about their rights. 

 

 

Protection  measures  that  are  better  aligned  with  victims’  needs, 
particularly  due  to  the  improved  individual  assessment  of  victims’  protection 
needs  and  the  enlarged  list  of  protection  measures  that  will  be  available  for 
victims following the assessment, including protection orders. 

Better  support,  particularly  through  the  right  to  free  psychological  support 
for  as  long  as  necessary,  the  right  to  targeted,  multi-agency  support  for 
child victims and rights of persons with disabilities. 

  More effective participation for victims in criminal proceedings through the 

right to administrative assistance at court and the right to remedy. 

26 

27 

28 

29 

See Vociare Report or Artemis Report. To see the examples of projects, look in Annex 1 of the impact 
assessment. 
Victims’ Rights Directive 2012/29/EU – European Implementation Assessment. PE 611.022, December 
2017, 
https://www.europarl.europa.eu/RegData/etudes/STUD/2017/611022/EPRS_STU(2017)611022_EN.pd
f. 
Criminal  procedural  laws  across  the  European  Union  –  a  comparative  analysis  of  selected  main 
differences and the impact they have over the development of EU legislation. PE 604.977, August 2018, 
https://www.europarl.europa.eu/RegData/etudes/STUD/2018/604977/IPOL_STU(2018)604977_EN.pdf 
European  Parliament  resolution  of  30  May  2018  on  the  implementation  of  Directive  2012/29/EU 
establishing  minimum  standards  on  the  rights,  support  and protection  of  victims  of  crime  (2016/2328 
(INI)). 

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 

Better access to compensation by (i) strengthening victims’ rights to receive a 
decision  on  compensation  from  the  offender  during  the  criminal  proceeding; 
and (ii) making it  binding for  the state to  pay the offender’s compensation to 
victims in due time following the judgment on offender’s compensation, with a 
possibility for the state to recuperate it later from the offender. 

As demonstrated in the impact assessment, in each Member State the benefits expected from 
the amendments proposed in this revision outweigh the expected costs.  

The  ratio  varies  across  Member  States  with  some  having  higher  cost-benefit  ratios  (higher 
positive impact per euro spent) and  some lower  (lower positive impact per euro spent). The 
main reason  for  such differences  comes from  the  different  starting positions of the Member 
States. This includes notably the level of effort (costs) that Member States must undertake to 
achieve  the  results  of  the  proposed  amendments,  differences  in  costs  related  to  the 
transposition of certain measures (ex. psychological support) and different numbers of victims 
across Member States.  

The impact assessment clearly shows that although the Member States will have to undertake 
certain  initial  investments,  the  proposed  amendments  will  lead  to  better  functioning 
economies,  more  resilient  societies,  and  stronger  public  institutions.  Victims  of  crime  who 
receive timely support and protection integrate more easily into societies, return to work more 
quickly and are less dependent on health care schemes. Such victims are also more eager to 
report  crime  and  to  cooperate  with  the  competent  authorities.  Therefore,  as  a  result  of  the 
proposed  amendments,  the  Member  States  will  benefit  from  the  improved  economies,  more 
integrated societies and stronger justice schemes.  

The  draft  impact  assessment  was  submitted  to  the  Regulatory  Scrutiny  Board  on  3 
November and discussed on 30 November 2022. The impact assessment was slightly revised 
after the hearing to reflect more precisely the implementation costs and the methodology for 
assessing  the  options.  On  1  December,  the  Board  issued  a  positive  opinion  on  the  draft 
without reservations. 

 

Regulatory fitness and simplification 

The analysis in the impact assessment suggests that the package of preferred options  should 
reduce the burden on Member States in a long-term, even if some costs will rise in short-term. 
This rise should be more than compensated by the expected benefits brought by the options 
package. 

Some  simplification  for  national  authorities  will  come  from  different  measures,  which  will 
increase  cooperation  and  coordination  among  those  dealing  with  victims,  including  support 
services. This will result in a more efficient organisation of justice schemes. In particular, the 
current  burden  on  police,  caused  by  the  obligation  to  provide  complete  information  on 
victims’ rights in line with each victim’s specific needs, will be shared with others (including 
non-governmental organisations and volunteers). 

Further benefits have been identified for the functioning of Member States justice systems. In 
particular, services dealing with state compensation are expected to be helped significantly by 
fully implementing the preferred option for ordered compensation. More simplification should 
come by dealing with all compensation issues in the criminal proceedings, rather than in both 
criminal and civil proceedings. This will reduce the number of civil cases and make the court 
system more efficient. 

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On 5 December 2022, the Fit for Future Platform adopted its opinion on the revision of the 
victims’  rights  acquis30.  Its  suggestions  are  in  line  with  the  ongoing  work  in  the  area  of 
victims’ rights and the preferred policy options in the impact assessment. 

 

Fundamental rights 

The proposal respects the fundamental rights and observes the principles recognised in Article 
6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European 
Union.  All  policy  options  sought  to  reduce  discrimination  by  providing  equal  access  to 
information,  protection,  support,  justice  and  compensation  and  ensuring  adequate 
minimum standards for all victims of crime without differentiation, while taking due account 
of victims’ specific needs. 

Concretely, on equal access to information on victims’ rights, how to ensure better access to 
victims in closed institutions was considered. The website (which is an integral part of the 
victim helpline) will improve access to information for victims who do not speak the official 
language  of  the  Member  State.  By  improving  individual  needs’  assessments,  victims’ 
individual  needs  can  be  better  assessed,  which  will  result  in  more  equal  and  effective 
protection  of  the  most  vulnerable  victims.  On  victims’  support,  the  initiative  envisages, 
amongst other things, extending free psychological support to a wider group of victims (it is 
currently reserved for victims of terrorism). In addition, the revision plans to grant all victims 
of crime  more rights throughout criminal proceedings regardless of their formal status 
as  a  party.  Therefore,  the  possibility  to  be  accompanied  during  proceedings  is  likely  to 
encourage  all  victims  to  claim  their  rights.  A  provision  on  the  rights  of  persons  with 
disabilities  that  makes  the  rights  in  this  proposal accessible  to  their  specific  needs  has  been 
added. This will  enable  persons with  disabilities to  benefit from  victims’ rights  on  an equal 
basis  with  others.  All  these  changes  aim  to  reduce  inequality  and  are  expected  to  have  a 
positive impact on fundamental rights. 

Interference with the right to respect for private and family life (Article 7) and the protection 
of personal data (Article 8) of the victim and the offender is necessary and proportionate to 
ensure that victims can effectively rely on their rights to support and protection. In addition, 
the  proposal  provides  for  a  specific  obligation  to  not  share  victim’s  personal  data  with 
migration  authorities.  This  safeguard  ensures  that  information  about  the  victim  is  only 
processed  for  the  purposes  of  the  VRD.  Collecting  personal  data  for  statistical  purposes  is 
necessary  to  ensure  the  effectiveness  of  the  measures  in  this  revision  and  to  shape  victims’ 
rights policy. The respect to privacy and family life of the victims is further strengthened by 
ensuring  that  adequate  protection  measures  against  offenders  are  taken  following  individual 
assessments. 

The  fundamental  rights,  as  set  out  in  the  Charter  of  Fundamental  Rights  of  the  European 
Union, that benefit include the right to life (Article 2), the right to the integrity of the person 
(Article  3),  the  right  for  private  and  family  life  (Article  7),  the  protection  of  personal  data 
(Article  8),  the  right  to  equality  before  the  law  (Article  20),  the  right  to  non-discrimination 
(Article  21),  the  rights  of  the  child  (Article  24),  the  integration  of  persons  with  disabilities 
(Article  26),  the  right  to  social  assistance  and  healthcare  (Article  35),  the  right  to  good 
administration (Article 41), and the right to an effective remedy and to a fair trial (Article 47). 

30 

https://commission.europa.eu/system/files/2022-
12/Final%20opinion%202022_SBGR3_07%20Revision%20of%20the%20victims%20rights%20acquis
_rev.pdf. 

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The proposal has also been assessed in light of the rights of offenders, suspects and accused 
persons. These include the right to access justice (Article 47), the presumption of innocence 
(Article  48),  the  right  to  defence  and  principles  of  legality  and  proportionality  of  criminal 
proceedings  (Article 49), the right not to be tried or punished twice in criminal proceedings 
for the same criminal offence (Article 50), and EU rules on procedural rights of suspects and 
accused  persons.  It  was  found  that  the  options  did  not  affect  the  fundamental  rights  of 
offenders, suspects and accused persons. 

In  addition,  this  proposal  considers  the  rights  of  persons  with  disabilities  and  obligations 
enshrined in the UN Convention on the Rights of Persons with Disabilities to which the EU 
and all Member States are party to. 

The proposal is  expected to  strengthen the fundamental rights of victims. Nevertheless, 
for  some  options,  the  direct  effect  on  fundamental  rights  will  be  more  pronounced  than  for 
others. Since it is impossible to quantify the impact, a qualitative analysis has been chosen as 
a methodology. This is done by assessing the degree to which each option can improve on the 
baseline. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no impact on the EU budget. 

5. 

 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In accordance with Article 2 of this proposal, Member States are required to bring into force 
the laws, regulations and administrative provisions necessary  for compliance at the latest by 
[two years  after the entry into force of the Directive]. There is  an exception  for introducing 
the  provisions  necessary  to  comply  with  Article  26b  (about  the  use  of  electronic  means  of 
communication)  which  should  be  adopted  and  published  by  [four  years  after  the  entry  into 
force of the Directive]. Member States must communicate the text of their provisions to the 
Commission. 

The  Commission  will  monitor  and  evaluate  the  impact  of  this  proposal  using  existing 
mechanisms under the current Directive. In addition, in accordance with Article 28 (Provision 
of  statistics),  Member  States  must  take  the  necessary  measures  to  set  up  a  system  for 
collecting,  producing  and  disseminating  statistics  on  victims  of  crime.  They  must  send  this 
data to the Commission (Eurostat) every three years. 

The Commission will continue to hold meetings of the EU Victims’ Rights Platform on topics 
related  to  victims’  rights.  These  exchanges  will  also  contribute  to  the  monitoring  and 
evaluation. 

By  [six  years  after  adoption],  the  Commission  must  submit  a  report  on  the  application  of 
Directive  2012/29/EU  as  amended  by  this  Directive  to  the  European  Parliament  and  the 
Council.  The  report  must  assess  the  extent  to  which  the  Member  States  have  taken  the 
necessary measures to comply with this Directive, including the technical implementation. 

 

Explanatory documents (for directives) 

To ensure the proper implementation of this Directive, an explanatory document (e.g., in the 
form of correlation tables) is necessary as required by the judgment of the European Court of 

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Justice in Case C-543/1731. The legislation transposing the Victims’ Rights Directive is rarely 
limited to  one single legal  text  as the provisions are often incorporated in different  national 
instruments.  For  this  reason,  Member  States  must  provide  an  explanatory  document  to  the 
Commission with the text of the provisions adopted that transpose this Directive. 

 

Detailed explanation of the specific provisions of the proposal 

The  amendments  to  the  Victims’  Rights  Directive  target  provisions  aiming  to:  improve 
victims’ access to information and crime reporting,  facilitate access to specialist support for 
vulnerable  victims,  including  children  and  improved  access  to  justice  for  victims  with 
disabilities, more effective victims’ participation in criminal proceeding, improved access to 
compensation  for  victims,  better  aligning  victims’  protection  measures  with  victims’  needs, 
use  of  electronic  means  of  communication  and  specific  obligations  on  victims  of  violence 
against women and domestic violence.  

(a) 

Provisions  aiming  to  improve  victims’  access  to  information  and  crime  reporting 
(Articles 3a, 5a and 26a). 

Under Article 4 of the VRD, victims have the right to receive information about their rights 
from the first contact with the competent authorities, usually the police. Nonetheless, not 
all  victims  contact  the  competent  authorities.  As  highlighted  in  a  2021  Fundamental  Rights 
Agency  Report32,  victims  do  not  report  the  crime  in  most  cases.  These  victims  are 
deprived  of  access  to  information,  including  information  about  their  rights  to  support  and 
protection, independently of whether they report a crime or not. 

Although  the  VRD  requires  that  information  to  victims  is  provided  in  accordance  with  the 
right  to  understand  and  be  understood  (Article  3  of  the  VRD),  the  evaluation  found  that  in 
practice the competent authorities often use language that is not adapted to victims’ needs33. 
This is the case for persons with disabilities, persons who do not speak the national language, 
children and  older people.  In  addition, since the  first  contact with  the  competent  authorities 
often takes place at a crime scene, people who are in shock immediately after the crime are 
not able to understand the information they receive. 

Under  Article  6  of  the  VRD,  victims  should  also  receive  follow-up  information  from  the 
competent authorities about the different stages of the criminal procedure, their role and the 
situation  of  the  offender  (e.g.,  a  release  from  detention).  However,  a  great  share  of 
stakeholders  consulted  as  part  of  the  evaluation  considered  that  victims  do  not  fully  enjoy 
their rights to information from the first contact with a competent authority under the VRD, 
and this should be improved. 

A more comprehensive means of communication with victims that takes into account the 
complexity  of  victims’  needs  in  relation  to  their  right  to  access  information  is  still  not 
available in all Member States. Many victims still cannot rely on victim helplines using the 
116 006 telephone number34. These helplines should give victims the information they need 

31 

32 
33 

34 

Judgment  of  the  Court  of  Justice  5Grand  Chamber)  of  8  July  2019  in  Case  C-534/17  European 
Commission v Kingdom of Belgium. 
FRA Survey on Crime, Safety and Victims’ Rights, February 2021. 
For  example,  in  several  Member  States  (including  Bulgaria,  Portugal,  Romania  and  Slovakia),  the 
written information provided by authorities is a copy of the national provisions on victims’ rights. 
Set up under Commission Decision of 30 November 2009 amending Decision 2007/116/EC as regards 
the  introduction  of  additional  reserved  numbers  beginning  with  ‘116’.  The  application  of  reserved 
numbers is not mandatory but recommended. Certain conditions must be fulfilled to use the numbers. 

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at any time. They should be able to speak freely about their experience and be referred to the 
police or other services if needed. Even fewer victims benefit from more advanced helplines 
that feature a comprehensive website and allow for contact to be made by chat and email in 
addition to phone calls35. 

To overcome the identified problems on victims’ access to information, this revision proposes 
a  set  of  measures,  in  particular  an  obligation  for  the  Member  States  to  provide  victim 
helplines  (Article  3a).  It  will  use  the  EU  116  006  telephone  number  and  a  website  with 
state-of-the-art technology to give optimal access in most spoken languages and to persons 
with disabilities. The helpline will be a first contact point for all victims of all crimes, provide 
emotional support and refer victims to specialised support services if needed.  

The proposed revision is in line with other helplines using the reserved EU numbers starting 
with 116 such as missing children (116 000) and victims of gender-based violence (116 116). 
The  proposal  is  also  in  line  with  the  Commission’s  Better  Internet  for  Kids  strategy36.  It 
supports  the  network  of  safer  internet  centres  (SICs),  which  includes  helplines  for  children, 
parents and carers on online issues (such as online violence and cyberbullying) and hotlines to 
report child-abuse material online. The proposal is also in line with the Commission’s policy 
aimed ensuring that the 116 111 number addresses cyberbullying. 

To ensure that victims receive information that is comprehensive and inclusive, the proposal 
obliges  Member  States  to  set  up  specific  procedures  in  a  form  or  protocols.  Article  26a) 
requires  that  such  protocols  are  set  up  in  cooperation  with  law  enforcement,  judicial 
authorities (prosecutors and judges) and support organisations. They will provide instructions 
to the different partners on how to ensure that victims receive information that is adapted to 
their individual needs and that is relevant to the specific part of the procedure.  

The  revision  also  provides  for  an  obligation  to  ensure  that  victims  can  report  crime  using 
information and communication technologies (Article 5(a)1). Crime reporting will also be 
made  easier  for  people  in  detention  (the  details  will  be  provided  in  the  protocols  set  up  in 
coordination  and  cooperation  among  law  enforcement,  judicial  authorities  (prosecutors  and 
judges) and support organisations (Article 26a)).  

Crime  reporting  will  be  also  easier  for  irregular  migrants.  Article  5(a)5  of  the  proposal 
requires that the competent authorities coming into contact with a victim reporting a criminal 
offence will not be allowed to transfer personal data with the victim’s residence status to 
migration authorities if this data has been collected as a result of crime reporting at least 
until  the  completion  of  the  first  individual  assessment  as  referred  to  in  Article  22  of  the 
VRD.  In  this  context  it  should  be  recalled  that  reporting  the  crime  and  participating  in 
criminal  proceeding  under  Directive  2012/29/EU  do  not  create  any  rights  regarding  the 
residence  status  of  the  victim,  neither  have  any  suspensive  effect  when  determining  their 
residence status. In addition, in the case of irregular migrants who are victims of trafficking in 
human beings  or have been the subject  of an action  to  facilitate illegal  immigration and are 
cooperating with the competent authorities, relevant authorities have the obligation to inform 
them of their rights and possibilities under the Residence Permit Directive. These possibilities 

For victims, the 116 006 helpline must provide information about victims’ rights, refer callers to police 
and other services (if needed) and provide counselling. 
The best examples include: the Irish helpline, the Estonian helpline, the Croatian helpline, the Latvian 
helpline, the Swedish helpline. 
COM/2022/212 final, 11.5.2022. 

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notably  include  the  granting  of  a  reflection  period    to  decide  whether  to  cooperate  with  the 
investigation, and the issuance of the residence permit.   

(b) 

Provisions to facilitate access to specialist support for vulnerable victims, including 
children (Articles 9(1), 9a and 24) 

Articles 8 and 9 of the VRD provide for the right to free specialised, targeted and integrated 
support  for  victims  with  specific  needs,  including  psychological  support  where  available. 
However, the evaluation  has demonstrated that  vulnerable victims,  including children, often 
cannot benefit from effective support37. 
The  lack  of  a  child-sensitive  approach  is  still  an  issue  in  many  Member  States38.  The 
evaluation has demonstrated that there is lack of common understanding on what targeted and 
integrated support is required for vulnerable victims, especially  children. As a result, not all 
children in the EU can benefit from high-quality specialist support. The EU Comprehensive 
Strategy on the Rights of the Child (2021-2024)39 stipulates that judicial proceedings ought to 
be adapted to a child’s age and needs and must respect all their rights, in consideration of the 
best interest of the child.  The Barnahus model is currently the most advanced example of a 
child-friendly approach to justice40. Although this revision does not require Member States to 
follow  the  Barnahus  model,  it  builds  on  its  principles.  To  solve  the  problem,  the  revision 
requires  in  a  new  Article  9a  that  Member  States  provide  for  a  targeted,  multi-agency 
approach to support and protect child victims. It should be based on providing services in 
an integrated and coordinated manner on the same premises. This is the main addition to the 
child-friendly  measures  already  in  the  VRD  (such  as  video  recording  of  testimonies, 
avoidance of eye contact, child-friendly interviews by the same person). Under this revision, 
Member  States  are  also  required  to  make  such  a  targeted  and  integrated  multi-agency 
approach available to all child victims who need it. 

The  evaluation  has  also  highlighted  that  free  psychological  support  for  victims  is  not 
always  available  in  almost  half  the  Member  States41.  Victims  are  often  asked  to  pay  for 
psychological  support after  the first  sessions. This  is  particularly problematic for vulnerable 
victims who usually cannot afford to pay for support. The effects of crime can be long-lasting, 
and there are several factors that aggravate these effects, such as the gravity of the crime, the 
victim’s  personal  situation  and  any  previous  victimisation42.  Therefore,  as  underlined  in  a 
2019 FRA report (p. II), victims of violent crime will be unable to play any significant role in 
criminal  proceedings  unless  they  receive  professional  and  empowering  psychological 
support. 

To solve the problem, the revision proposes in Article 9(1) that the specialist support services 
include  free  psychological  support  for  as  long  as  necessary  for  all  vulnerable  victims  in 

37 
38 

39  
40 

41 
42 

About half the stakeholders consider that victims with specific needs do not receive enough support. 
During  the  consultations,  many  problems  related  to  video  recordings  of  children  for  evidence,  child-
friendly participation in trials, individual approaches for the most vulnerable children were reported in 
several Member States, including BE, BG, DE, EL, LT and PT. 
COM/2021/142 final, 24.3.2021. 
About Barnahus - Barnahus -as a child-friendly office, under one roof, where law enforcement, criminal 
justice, child protective services, and medical and mental health workers cooperate and assess together 
the situation of the child and decide upon ;the follow-up. 
AT, CY, CZ, DE, EE, IE, LT, LV, MT, NL, PT, SI. 
The psychological consequences of crime can include anxiety, depression, guilt, shame, self-destructive 
behaviour and the inability to act or think rationally, see Psychological Reactions of Victims of Violent 
Crime, Cambridge University Press, 2018. 

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need of such support – i.e., where the individual assessment shows a need for it. All victims 
will  continue  to  benefit  from  emotional  and  psychological  support  that  is  often  available  to 
them in a short-term after crime, but victims with specific needs will have facilitated access to 
such  psychological  support  that  should  be  available  to  them  not  only  in  a  short-term  after 
crime, but also in a long-term (for as long as necessary).  

Both  of  the  proposed  measures  require  national  coordination  among  support  services,  law 
enforcement and judicial authorities specified in protocols (Article 26a). 

Victims’  access  to  support  services  will  be  strengthened  by  the  requirement  that  victim 
support  services  will  remain  operational  in  a  crisis  –  in  line  with  lessons  learnt  during 
COVID-19.  This  will  be  achieved  by  adding  a  paragraph  to  Article 8  of  the  VRD.  Victims 
will also be able to benefit from facilitated referrals to victim support services (amendments 
to Article 8). 

The proposed measures bring clarity to the scope of support for the most vulnerable victims, 
including  children.  Furthermore,  they  improve  trust  in  national  and  other  Member  States’ 
justice schemes.  

(c) 

Provisions to ensure that victims have more effective access to justice (Articles 10a 
and 10b) 

Under the VRD, the main rights that facilitate victims’ participation in criminal proceedings 
include the right to be heard (Article 10 of the VRD), rights in the event of a decision not to 
prosecute (Article 11 of the VRD), the right to legal aid (Article 13 of the VRD) and a set of 
rights  aimed  at  protecting  victims  from  secondary  and  repeated  victimisation  during  the 
proceedings (Articles 18 to 24 of the VRD). The evaluation and consultations highlighted that 
victims’ participation  in criminal  proceedings is  difficult  or even impossible  unless they are 
correctly  accompanied  and  advised.  Advice  from  a  lawyer  who  represents  the  victim  in 
court responds to most issues, notably legal aspects. Nonetheless, not all victims have a right 
to a lawyer. Legal aid can be granted to those with insufficient means, which is determined by 
a means test that is particularly stringent in some Member States. In addition, legal aid may be 
granted to those who have suffered from certain types of crime, but only if they are party to a 
criminal proceeding (Article 13 of the VRD). Therefore, it is crucial for victims to also have 
the right to be accompanied by a person other than a lawyer who could at least advise on 
the victims’ role and rights during the proceedings and offer emotional support. Article 20 of 
the VRD provides for such a right but is limited to the investigation stage (before the trial). 

In this context, it is essential to ensure that all victims in the EU have at least  a right to be 
assisted during the trial and receive adequate information from the court’s staff43. 

The  evaluation  shows  that  another  major  problem  with  victims’  participation  in  criminal 
proceeding is that, in some Member States, victims do not have a legal status as a party to 
the  criminal  proceeding44.  The  VRD  leaves  it  to  national  law,  so  the  victims’  standing 
differs  from  one  Member  State  to  another  (such  as  a  party,  an  assisting  prosecutor,  a  civil 
party or a witness with a right to be heard). Moreover, victims often lack legal remedies to 

43 

44 

Good  practices  exist.  For  instance,  in  Ireland,  V-Sac  provides  victim  support  at  court  by  trained 
volunteers to over a thousand victims every year. 
At least in eight Member States – CY, EE, EL, FR, IE, MT, NL, RO. 

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challenge  decisions  that  concern  them  directly45.  This  results  in  a  de  facto  violation  of  the 
victims’ right to access justice. 

To  ensure  more  effective  participation  in  criminal  proceedings  by  victims,  this  revision 
proposes to establish in a new Article 10a a right to assistance in court. 

This revision also proposes to establish a right for victims to challenge the decisions taken 
during court proceedings which concern certain victims’ rights under this directive,  as 
the right to special protection measures for victims with specific needs, the right to translation 
during  the  court  hearing.  Member  States  would  have  to  ensure  that  victims  can  challenge 
those decisions independently of their status in the criminal proceedings and in line with the 
principle of judicial review (Article 10b). 

As  a  result,  victims’  experiences  with  and  trust  in  the  criminal  justice  system  will  be 
improved. This will help make their voices be heard, improve their testimonies, and improve 
their participation, which increases judicial effectiveness. 

(d) 

Provisions to ensure that victims have more effective access to compensation 

As highlighted in the EU strategy on victims’ rights, in many Member States, victims’ access 
to compensation from the offender and from the state remains difficult. The problem concerns 
both domestic cases and cross-border cases. Under Article 16 of the VRD, all victims have the 
right to receive a decision on compensation from the offender during criminal proceedings 
unless  national  law  provides  for  such  a  decision  to  be  made  in  other  legal  proceedings.  As 
shown in the Milquet report and confirmed in the evaluation, this right is often ineffective46 
since,  in  some  Member  States,  there  is  often  no  decision  on  compensation  in  the  criminal 
proceedings47. Moreover, even after a criminal proceeding leading to the judgment imposing 
an obligation on the perpetrator to compensate, the victim is often not compensated because it 
is difficult to get the offender to pay. The lack of effective access to compensation from the 
offender  in  the  criminal  proceeding  leads  to  victims  having  to  engage  in  cumbersome  and 
lengthy civil proceedings. They may also have to apply for state compensation under national 
rules on  state compensation48.  The problem  concerns  domestic cases and  cross-border cases 
alike. 

To facilitate victims’ access to compensation from the offender, this revision proposes to give 
victims  the  right  to  receive  a  decision  on  compensation  from  the  offender  only  in  the 
course of the criminal proceeding. As a result, the current exception under Article 16 of the 
VRD, where national law provides for such a decision to be made in other legal proceedings, 
should be deleted. In addition, the Commission proposes to make it mandatory for Member 
States to pay the compensation due from the offender upfront to the victim immediately 
after  the  judgment  and  then  seek  the  reimbursement  of  the  compensation  from  the  offender 
(new Article 16, paragraph 2). 

45 

46 

47 
48 

In 13 Member States, victims do not have adequate legal remedies to challenge decisions that concern 
them directly (BE, DE, FR, HU, IE, LT, LU, LV, MT, NL, RO, SE, SK). This is mostly related to the 
lack of legal standing as a party to the proceeding. 
Most  stakeholders  consulted  believe  that  victims’  right  to  get  compensation  from  the  offender  is 
ineffective and should be strengthened. 
See, in particular, the practice of judges in CZ, SK, and AU. 
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims requires that 
Member States provide access to compensation to victims of violent and intentional crime, including in 
cross-border cases. The conditions for such access to compensation are left to national procedures. 

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These proposals  are expected to  bring  a  considerable improvement to  victims’ standards on 
compensation from the offender in domestic and cross-border cases. By facilitating this, they 
will limit – to a great extent – the situations where victims request state compensation. This is 
because  state  compensation,  in  most  cases,  is  only  granted  if  victims  have  not  received  the 
compensation from the offender. 

(e) 

Provisions  on  better  aligning  victim  protection  measures  with  victims’  needs  to 
ensure the safety of vulnerable victims (Articles 22 and 23) 

Article 22 of the VRD provides for a victim’s right to a timely and individual assessment of 
their protection needs. Its purpose is to determine whether a victim is in any way particularly 
vulnerable  to  secondary  victimisation  (harm  from  the  criminal  proceeding)  and  repeat 
victimisation,  intimidation  and/or  retaliation  (harm  from  the  offender)  so  that  adequate 
protection measures can be applied. These protection measures are laid down in Article 23 of 
the VRD. The conditions for individual assessments are left to national law. According to 
the  evaluation,  the  right  to  an  individual  assessment  is  one  of  the  most  significant 
achievements of the VRD. However, in practice, its quality is often hampered by these three 
identified shortcomings: 

 

 

 

the assessment comes too late in the procedure; 

it does not involve psychologists and victim support services who have the 
expertise to assess the psychological situation of each victim; 

it neglects the risks posed by the offender who may possess arms and abuse 
drugs or alcohol. 

Individual  assessments of victims’ needs  must be carried out correctly to  ensure victims are 
adequately  protected.  Without  these  assessments,  victims  cannot  benefit  from  the  special 
protection  measures  laid  down  in  Article 23  of  the  VRD.  These  measures  include  special 
interviewing techniques, not having eye contact with the offender, and not having to be in the 
courtroom.  However,  they  do  not  include  physical  protection  measures  from  the  offender 
(such as protection orders), even though victims’ rights to protection under the VRD includes 
protection from both secondary victimisation and repeated victimisation. The  evaluation and 
consultations  indicate  that  this  gap  in  the  VRD  has  not  been  filled  by  national  law  and 
practice. Many stakeholders consulted as part of the evaluation found that the victims’ right 
to protection is not widely available and should be strengthened. 

This  revision provides  for targeted amendments  to  the victims’ individual needs assessment 
(via punctual amendments to the current Article 22) by adding the following elements: 

 

 

 

 

carrying out the assessment at the first contact with the competent authorities; 

involving support services, law enforcement and the judiciary – protocols to be 
set up under new Article 26a) will provide for practical measures on how this 
cooperation should be set up in the Member States; 

evaluating  the  risks  posed  by  the  perpetrator  (such  as  alcohol  abuse  or 
possession of weapons);  

including an assessment of individual needs for support. 

Moreover,  this  revision  will  strengthen  the  use  of  protection  measures  for  victims’ 
physical protection, such as protection orders, by adding physical protection measures to the 
list  of  specialised  protection  measures  currently  laid  down  in  Article 23  of  the  VRD.  This 
proposal  will  contribute  to  raising  awareness  about  national  protection  measures  available, 
including protection orders. It also aims at simplifying how they are currently applied. 

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18 

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Overall, the measures proposed in this revision on more targeted individual assessments will 
benefit all victims as it will ensure that the need for protective measures are well assessed. It 
also aims to facilitate the mutual recognition of European protection orders by improving how 
they are applied at national level. 

(f) 

Use of electronic communication (Article 26b) 

There have been many technological developments (digitalisation) since the adoption of the 
Directive.  Victims  in  the  EU  still  do  not  benefit  from  the  potential  of  new  technologies  as 
suitable digital tools are not available to improve their access to justice, such as the possibility 
to report crime online or receive online access to victims’ files49. 

To  address  the  identified  shortcomings,  the  Commission  proposes  measures  on  the  use  of 
electronic communication (new Article 26b). In particular, Member States will be obliged to 
provide for a possibility for victims to exercise their rights to information and access justice 
using  electronic  communication.  The  proposed  measures  are  in  line  with  the  Commission’s 
policy on digitalisation, including its proposal on the digitalisation of justice. 

(g) 

Rights of victims with disabilities (Article 26c) 

The  evaluation  has  shown  that  persons  with  disabilities  still  cannot  fully  benefit  from  their 
rights as victims of crime. Major developments in making products and services accessible to 
persons  with  disabilities  took  place  in  the  past  ten  years  since  the  adoption  of  the  VRD. 
Notably  in  2019,  the  Commission  adopted  Directive  2019/882/EU  on  the  accessibility 
requirements  for  products  and  services50.  With  the  revision  of  the  VRD,  the  Commission 
recognises  these  developments  and  proposes  to  facilitate  access  to  justice  for  victims  with 
disabilities. The Commission proposes to add a specific, cross-cutting provision on the rights 
of victims with  disabilities  to ensure that services  and protection measures  are  accessible  to 
them and that the means of digital communication are consistent with the requirements set out 
in Annex I to the Directive on the accessibility requirements for products and services (new 
Article 26c). 

(h) 

Victims’ right to remedies (Article 26d) 

Currently, the VRD does not provide for a provision on legal remedies for victims of crime 
whose rights under this Directive have been violated. Such a right stems from the principle of 
effectiveness  of  EU  law  that  requires  Member  States  to  put  in  place  adequate  and  effective 
remedies if a right conferred upon individuals under EU law is breached. The lack of such a 
rule  and  the  need  to  introduce  one  has  been  highlighted  in  the  FRA  reports.  Moreover,  in 
March  2023,  the  Council  of  Europe  adopted  a  Recommendation  on  rights,  services  and 
support for victims of crime51 that provides for the victims’ right to remedy.  

To  solve  the  problem,  the  Commission  proposes  to  add  a  provision  on  legal  remedies  for 
victims  for  the  violation  of  their  rights  under  this  Directive  in  a  new  Article  26d.  This 
provision mirrors similar provisions in EU rules on rights of suspects and accused. This fulfils 
the current gap and brings the necessary balance between the rights of suspects and accused 
and the rights of victims.  

49 

50 

51 

See  the  impact  assessment  accompanying  the  Commission  proposal  on  the  digitalisation  of  justice 
(SWD(2021) 392 final). 
Directive  (EU)  2019/882  of  the  European  Parliament  and  of  the  Council  of  17  April  2019  on  the 
accessibility requirements for products and services. 
Recommendation of the Committee of Ministers to Member States of the Council of Europe on rights, 
services and support for victims of crime CM/Rec(2023)2 adopted on 15 March 2023. 

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(i) 

Specific  obligations  on  victims  of  violence  against  women  and  domestic  violence 
(Article 27a) 

The Commission proposes to introduce a provision that clarifies the link between the proposal 
on  the  revision  of  the  VRD  and  the  legislative  proposal  on  violence  against  women  and 
domestic violence. According to this provision, Member States must implement the measures 
under the VRD  regardless  of  the obligations under the  other proposal.  The objective of this 
provision is to ensure that Member States make sure that they fully transpose both directives 
and  pay  particular  attention  to  transpose  more  specific  rules  on  victims  of  violence  against 
women  and  domestic  violence.  The  measures  under  both  proposals  will  be  applicable  to 
victims of violence against women and domestic violence. 

(j) 

Requirement for collection of victims’ rights data every three years (Article 28) 

Article 28  provides  that,  every  3  years,  Member  States  must  send  the  Commission  data 
showing how victims have accessed the rights set out in the VRD. 

The evaluation of the Directive, however, showed that there are still  major gaps  in  the data 
collection. Notably the data collected by the Member States is not comprehensive and often 
not  comparable.  Therefore,  the  Commission  proposes  a  requirement  for  Member  States  to 
create  a  system  for  collecting,  producing  and  disseminating  statistics  on  victims  of  crime 
through  an  amendment  of  Article 28.  The  statistics  should  include  data  relevant  to  the 
application of national procedures on victims of crime, including the following minimum set 
of indicators: the number and type of reported  crimes, age and  sex of the victims. The data 
should  also  include  information  on  how  victims  have  accessed  the  rights  set  out  in  the 
Directive as is the case today. 

The  Commission  will  support  Member  States  in  gathering  data,  including  by  drawing  up 
common  standards,  disaggregation  and  reporting  formats.  Member  States  must  transmit  the 
data  to  the  Commission  (Eurostat)  every  three  years.  The  proposal  for  the  revision  of  the 
VRD  also  recognises  the  role  that  the  Fundamental  Rights  Agency  has  played  so  for  in 
assisting the Commission and Member States in gathering and analysing data on how victims 
have accessed their rights under the Directive in the past ten years since the adoption of the 
Directive. The objective of adding the role of the Fundamental Rights Agency to the provision 
on data gathering is to ensure that the Agency will be able to continue its good work and will 
keep up in assisting the Commission and Member States in the task.   

This measure is expected to improve the completeness, consistency and comparability of data 
on victims of crime across different reference periods and Member States. It will also improve 
the data collection at EU level. In order not to burden Member States with data collection, the 
frequency of data collection to the Commission (Eurostat) will be required every three years. 

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2023/0250 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2012/29/EU establishing minimum standards on the rights, support 
and protection of victims of crime, and replacing Council Framework Decision 
2001/220/JHA 

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)(c) 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 Committee52, 
Having regard to the opinion of the Committee of the Regions53,  

Acting in accordance with the ordinary legislative procedure, 

Whereas:  

(1) 

(2) 

To  ensure  that  victims  of  crime  receive  appropriate  information,  support  and 
protection and are able to participate in criminal proceedings, the Union has adopted 
Directive 2012/29/EU of the European Parliament and the Council54. 

The Commission has assessed how victims have accessed their rights under Directive 
2012/29/EU of the European Parliament  and the Council and published its  results in 
the evaluation report55. The evaluation shows that, although Directive 2012/29/EU has 
broadly delivered the expected benefits and positively affected victims’ rights, specific 
problems  related  to  victims’  rights  under  this  Directive  persist.  The  identified 
shortcomings  include  insufficient  ability  to  rely  on  victims’  rights  to  access 
information,  to  support  and  protection  in  accordance  with  each  victim’s  individual 
needs,  to  participate  in  criminal  proceedings  and  to  receive  a  decision  on 
compensation  from  the  offender  during  criminal  proceedings.  This  revision  of 
Directive  2012/29/EU  of  the  European  Parliament  and  the  Council  responds  to  the 
shortcomings demonstrated in its evaluation and in numerous consultations.  

(3) 

In order to provide victims with seamless and modern means of exercising their rights, 
the Member States should make it possible for victims to communicate electronically 

52 
53 
54 

55 

OJ C , , p. . 
OJ C , , p. . 
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). 
Commission Staff Working Document, Evaluation of Directive 2012/29/EU of the European Parliament 
and of the Council of 25 October 2012 (SWD/2022/0179 final). 

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21 

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(4) 

(5) 

(6) 

with  national  competent  authorities.  Victims  should  enjoy  the  possibility  of  using 
electronic  tools  to  receive  information  about  their  rights  and  about  their  case,  report 
crimes  and  to  otherwise  communicate  with  competent  authorities  and  with  support 
services through communication and information technologies. Victims should be able 
to  choose  the  method  of  communication,  and  the  Member  States  should  provide  for 
such  communication  and  information  technologies  as  an  alternative  to  the  standard 
methods of communication, without however replacing them completely. 

In order to ensure comprehensive channels of communication taking into account the 
complexity  of  victims’  needs  in  relation  to  their  right  to  access  information,  all 
victims, independently of where in the EU and in what circumstances the crime took 
place,  should  be  able  to  access  victims’  helplines  by  using  the  EU-wide  116  006 
telephone  number  or  by  connecting  to  the  dedicated  websites.  Under  such  helplines, 
victims should be able to receive the information about their rights, emotional support 
and be referred to the police or other services, including other specialised helplines – if 
needed. Such helplines should also refer victims to other specialised helplines, referred 
to in Commission Decision 2007/116/EC56, such as the harmonised number related to 
child helpline “116 111”, missing children “116 000” and gender-based violence “116 
116”. 

The general helpline for victims should not affect the operation of the dedicated and 
specialised  helplines  such  as  child  helplines  and  helplines  for  victims  of  violence 
against  women  and  domestic  violence  as  required  under  Directive  (EU)  …/…of  the 
European Parliament and of the Council57 [on combating violence against women and 
domestic  violence].  The  general  victims’  helplines  should  function  in  addition  to  the 
specialised helplines.  

Crime  reporting  in  the  Union  should  be  improved  to  fight  impunity,  avoid  repeated 
victimisation  and  ensure  safer  societies.  It  is  necessary  to  fight  public  insensitivity 
towards  crime,  by  encouraging  people  who  witness  the  crime  to  report  crimes  and 
assist  victims  and  by  creating  safer  environments  for  victims  to  report  crime.  For 
victims  who  are  irregular  migrants  in  the  Union,  safe  environment  to  report  crime 
means reducing  fear of return procedures being launched as  a result of contacts with 
law enforcement authorities. The personal data of victims who are irregular migrants 
in the Union should not be transferred to the competent migration authorities at least 
until  the completion of the first  individual  assessment as referred to  in  Article 22 of 
Directive  2012/29/EU.  Reporting  the  crime  and  participating  in  criminal  proceeding 
under Directive 2012/29/EU do not create any rights regarding the residence status of 
the victim, neither have any suspensive effect when determining their residence status. 
All  vulnerable  victims,  such  as  child  victims  or  victims  in  detention,  who  are  in  a 
situation  of  intimidation,  or  are  otherwise  dependent  from  the  offender  or  whose 
mobility is limited should be able to report crime in conditions that take into account 
their particular situation and in line with protocols specifically set up for this purpose. 

(7) 

Targeted  and  integrated  support  services  should  be  available  to  a  broad  range  of 
victims  with  specific  needs.  Such  victims  may  include  not  only  victims  of  sexual 

56 

57 

Commission  Decision  2007/116/EC  of  15  February  2007  on  reserving  the  national  numbering  range 
beginning  with  116  for  harmonised  numbers  for  harmonised  services  of  social  value  (OJ  L  049 
17.2.2007, p. 30). 
Directive  (EU)  …/…  of  the  European  Parliament  and  of  the  Council  on  combating  violence  against 
women and domestic violence (OJ …). 

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(8) 

(9) 

violence, victims of gender-based violence and victims of domestic violence, but also 
victims  of  trafficking  in  human  beings,  victims  of  organised  crimes,  victims  with 
disabilities,  victims  of  exploitation,  victims  of  hate  crime,  victims  of  terrorism  or 
victims of core international crimes. In response to the shortcomings identified in the 
evaluation,  Member  States  should  set  up  specific  protocols  that  will  organise  the 
actions of specialist support services to comprehensively address the multiple needs of 
victims  with  specific  needs.  Such  protocols  should  be  set  up  in  coordination  and 
cooperation  between  law  enforcement,  prosecution  authorities,  judges,  detention 
authorities, restorative justice services and victim support services. 

To avoid serious consequences of victimisation in early age, that may negatively affect 
entire  victims’  life,  it  is  crucial  to  ensure  that  all  child  victims  receive  the  highest 
standard  of  support  and  protection.  Most  vulnerable  child  victims,  including  child 
victims of sexual abuse, child victims of trafficking in human beings and child victims 
who have otherwise been particularly affected by the crime due to the gravity of crime 
or  to  their  particular  circumstances  should  benefit  from  the  targeted  and  integrated 
support and protection services that includes coordinated and cooperated approach of 
judicial  and  social  services  within  the  same  premises.  Such  services  should  be 
provided in a dedicated space. To ensure that the child victim is effectively protected 
in  cases  where  a  crime  involves  the  holder  of  parental  responsibility,  or  there  is  a 
conflict  of  interest  between  the  child  and  the  holder  of  parental  responsibility,  a 
provision has been added to ensure that in cases such as reporting of a crime, medical 
or  forensic  interviews,  referral  to  support  services  or  psychological  support,  among 
others, these acts should not be conditional upon the consent of the holder of parental 
responsibility, always taking into account the best interests of the child. 

For  victims  to  sense  that  justice  is  done  and  to  be  able  to  defend  their  interest,  it  is 
important  that  they  are  present  and  able  to  actively  participate  in  the  criminal 
proceedings. That is why all victims in the Union, independently of their status in the 
criminal proceeding, which is established by the national law, should have a right to an 
effective remedy under national law in the event of a breach of their rights under this 
Directive.  In  addition,  all  victims  in  the  Union,  independently  of  their  status  in  the 
criminal  proceeding,  should  have  a  right  to  request  a  review  of  decisions  that  were 
taken during court proceedings and affect them directly. Such decisions should include 
at  least  decisions  on  interpretation  during  court  hearings  and  decisions  on  special 
protection measures available to victims with special protection needs. The procedural 
rules under which victims may request a review of such decisions taken during court 
proceedings  should  be  determined  by  national  law  which  should  provide  for  the 
necessary  guarantees  that  such  a  possibility  of  revision  would  not  disproportionally 
prolong the criminal proceeding.  

(10)  All  victims  should  be  assessed  in  a  timely,  adequate,  efficient  and  proportionate 
manner.  It  is  essential  to  ensure  that  victims  receive  the  support  and  protection  that 
correspond  to  their  individual  needs.  The  individual  assessment  of  victims’  needs  of 
support  and  protection  should  be  done  in  stages.  Within  the  first  stage,  all  victims 
should be assessed from the first contact with the competent authorities to ensure that 
the most vulnerable victims are identified at  the  very early stages of the  proceeding. 
As of the next stages, victims who need such enhanced assessment should be assessed 
by  victim  support  services  including  psychologists.  Such  services  are  best  placed  to 
assess the state of victims’ well-being. The individual assessment should also take into 
account  the situation of the perpetrator, who  may  have a history of violence, be in  a 
possession  of  arms  or  abusing  drugs  and  as  such  pose  higher  risks  for  victims.  The 

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individual assessment of victims’ needs should also include the assessment of victims’ 
needs of support, not only of protection. It is essential to identify victims who are in 
need  of  special  support,  so  a  targeted  support  such  as  prolonged  free  of  charge 
psychological aid is provided to those who need it.  

(11)  As a result of the enhanced assessment of victims’ needs for protection, victims who 
are in need of physical protection should be able to receive it in a form adapted to their 
particular  situation.  Such  measures  should  include  the  presence  of  law  enforcement 
authorities  or  being  kept  away  from  the  offender  on  the  basis  of  national  protection 
orders. Such measures may be of a criminal, administrative or civil law nature.  

(12)  All  victims  should  be  able  to  obtain  a  decision  on  compensation  from  the  offender 
within  the  criminal  proceedings  to  avoid  their  engagement  in  multiple  cumbersome 
and lengthy proceedings in separate civil proceedings. All victims should benefit from 
the  schemes  on  compensation  in  which,  following  a  decision  on  compensation  from 
the offender at the end of the criminal proceeding, they receive, without a delay, the 
compensation  from  the  state.  The  state  afterwards  should  be  able  to  recuperate  the 
compensation from the offender. Such approach to compensation saves  victims from 
the  risks  of  secondary  victimisation,  since  victims  do  not  have  to  contact  offenders 
when  receiving  compensation.  Such  facilitated  access  to  compensation  from  the 
offender during criminal proceeding does not affect the Member States obligations to 
ensure  the  existence  of  a  scheme  on  compensation  to  victims  of  violent  intentional 
crimes committed in their respective territories, which guarantees fair and appropriate 
compensation to victims under Council Directive 2004/80/EC58.  

(13)  Victims  cannot  effectively  benefit  from  their  rights  to  information,  to  support  and 
protection in accordance with their individual needs if they are faced with the national 
justice  schemes  that  lack  cooperation  and  coordination  among  those  who  come  into 
contact with victims. Without close cooperation and coordination of the  national law 
enforcement,  prosecution,  judiciary,  restorative  services,  compensation  services  and 
victim  support  services,  it  is  difficult  for  victims  to  effectively  execute  their  rights 
under  Directive  2012/29/EU.  Other  authorities,  such  as  healthcare,  education  and 
social services, are encouraged to be part of this cooperation and coordination. This is 
particularly valid in relation to child victims.  

(14)  National protocols are essential to ensure that victims receive information about their 
rights and about their case and that victims are adequately assessed to enable them to 
receive the support and protection that corresponds to each victims’ individual needs 
that change in time. Protocols should be established by legislative measures in a way 
that  corresponds  best  to  national  legal  orders  and  the  organisation  of  justice  in  the 
Member  States.  This  should  regulate  the  actions  on  provision  of  information  to 
victims, facilitating crime reporting for the most vulnerable victims, including those in 
detention  and  the  individual  assessment  of  victims’  needs.  The  legislative  measures 
setting up the protocols should specify essential elements necessary for the processing 
of data including, the recipients of the personal data and the categories of data that will 
be processed in the context of operation of the protocols. The protocols should provide 
for  general  instructions  on  how  to  deal  with  services  and  actions  under  Directive 

58 

Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 
6.8.2004, p. 15). 

EN 

24 

  EN 

                                                 
2012/29/EU  in  a  comprehensive  manner  without  however  dealing  with  individual 
cases.  

(15)  Member States should allocate sufficient human and financial resources to  ensure an 
effective  compliance  with  the  measures  set  out  in  Directive  2012/29/EU.  Special 
attention  should  be  paid  to  the  establishment  of  victims’  helplines,  ensuring  smooth 
functioning of specialist support services and individual assessment of victims’ needs 
for  protection  and  for  support,  including  where  such  services  are  provided  by  non-
governmental organisations. 

(16)  The Union and the Member States are parties to the UN Convention on the Rights of 
Persons  with  Disabilities59  and  are  bound  by  its  obligations  to  the  extent  of  their 
respective  competences.  Under  Article  13  of  that  Convention  the  States  Parties  are 
obliged to  ensure  effective access  to  justice  for  persons with  disabilities on an equal 
basis  with  others,  hence  the  needs  to  ensure  accessibility  and  provide  reasonable 
accommodation  so  that  victims  with  disability  enjoy  their  rights  as  victims  on  equal 
basis  with  others.  The  accessibility  requirements  set  in  Annex  I  to  Directive  (EU) 
2019/882  of  the  European  Parliament  and  of  the  Council60  can  facilitate  the 
implementation  of  that  Convention  and  ensure  that  the  victims’  rights  laid  down  by 
Directive 2012/29/EU are accessible for persons with disabilities. 

(17)  Eurojust should ensure that appropriate consideration is given to requests concerning 
victims’  rights  in  accordance  with  its  mandate  under  Regulation  (EU)  2018/1727  of 
the European Parliament and of the Council61. 

(18)  The  collection  of  accurate  and  coherent  data  and  the  timely  publication  of  collected 
data and statistics are fundamental to ensure full knowledge on the rights of victims of 
crime  within  the  Union. Introducing  a  requirement  for  Member  States  to  collect  and 
report to the Commission data on the application of national procedures on victims of 
crime every three years in a harmonised way is expected to constitute a relevant step 
to  ensure  the  adoption  of  data-informed  policies  and  strategies.  The  Fundamental 
Rights  Agency  should  continue  to  assist  the  European  Commission  and  Member 
States in the collection, production and dissemination of statistics on victims of crime 
and in reporting on how victims have accessed the rights set out in this Directive. 

(19)  The principle of effectiveness of Union law requires that Member States put in place 
adequate  and  effective  remedies  in  the  event  of  a  breach  of  a  right  conferred  upon 
individuals  by  Union  law.  An  effective  remedy  should  be  available  where  the  rights 
under Directive 2012/29/EU are undermined or refused in full or in part. 

(20)  Since the objectives of this  Directive cannot be sufficiently achieved by the Member 
States due to the need to facilitate judicial cooperation in criminal matters by ensuring 
trust in equal access to victims’ rights no matter where in the EU the crime happened, 
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 

59 
60 

61 

OJ L 23, 27.1.2010, p. 37. 
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). 
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). 

EN 

25 

  EN 

                                                 
(21) 

(22) 

accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve those objectives. 

In  accordance  with  Articles  1  and  2  of  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.  

[In accordance with Article 3 and Article 4a(1) 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,  Ireland  has  notified  [by  letter  of  …,]  its  wish  to  take  part  in  the 
adoption and application of this Directive.] 
OR 
[In accordance with  Articles 1, 2 and 4a(1) 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.] 

(23)  The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 
42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council62 
and delivered an opinion on [XX XX 2023]63, 

(24)  Directive 2012/29/EU should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Directive 2012/29/EU is amended as follows: 

(1) 

the following Article is inserted: 

Article 1 

‘Article 3a 

Victims’ helpline 

1. 

Member States shall take the necessary measures to establish easily accessible, user 
friendly, free of charge and confidential victims’ helplines which:  

(a) 

provide victims with the information referred to in Article 4(1); 

(b)  offer emotional support; 

(c) 

refer  victims  to  specialised  support  services  and/or  specialised  helplines  if 
needed.  

62 

63 

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). 
[OP: Footnote once available] 

EN 

26 

  EN 

 
                                                 
2. 

3. 

4. 

Member  States  shall  ensure  the  provision  of  helplines  referred  to  in  paragraph  1 
through a telephone helpline connected to the EU harmonised number “116 006” and 
through other information and communication technologies, including websites.  

Member  States  shall  take  appropriate  measures  to  ensure  the  availability  of  the 
services  referred to  in  paragraphs 1 and 2 in  other languages,  including at  least  the 
languages most used in the Member State. 

Helplines  may  be  set  up  by  public  or  non-governmental  organisations  and  may  be 
organised on a professional or voluntary basis.’; 

(2) 

the following Article 5a is inserted:  

‘Article 5a 

Reporting of crime 

1. 

2. 

3. 

4. 

5. 

Member  States  shall  ensure  that  victims  can  report  criminal  offences  to  the 
competent  authorities  through  easily  accessible,  user  friendly  information  and 
communication  technologies.  Such  possibility  shall  include  submission  of  evidence 
where feasible. 

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

Member States shall ensure that victims can effectively  report  crimes committed in 
detention  facilities.  Detention  facilities  shall  include  in  addition  to  jails,  detention 
centres and holding cells for suspects and accused, specialised detention facilities for 
applicants  of  international  protection  and  pre-removal  centres,  and  accommodation 
centres where applicants and beneficiaries of international protection are located. 

Where  children  report  criminal  offences,  Member  States  shall  ensure  that  the 
reporting  procedures  are  safe,  confidential,  designed  and  accessible  in  a  child-
friendly manner and use language in accordance with their age and maturity. 

Member States shall ensure that the competent authorities coming in contact with a 
victim reporting  crimes  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 22.’; 

(3) 

Article 8 is amended as follows: 

(a) 

paragraph 2 is replaced by the following: 

‘2. Member States shall ensure that victims are contacted by the relevant general or 
specialised  support  services  if  the  individual  assessment  referred  to  in  Article  22 
demonstrates the need for support and the victim consents to be contacted by support 
services or if the victim requests support.’; 

(b) 

the following paragraph is added:  

‘6. Victim support services shall remain operational in times of crisis, such as health 
crises, significant migratory situations or other states of emergency.’; 

(4) 

Article 9 is amended as follows: 

(a)  

in paragraph 1, point (c) is replaced by the following: 

EN 

27 

  EN 

‘(c) emotional and, where available, psychological support once they become aware 
of a status of a person as a victim. If the special need for psychological support has 
been demonstrated by individual assessment referred to in Article 22, psychological 
support  shall  be  available  to  victims  in  need  of  such  support  for  as  long  as 
necessary.’; 

(b)  

in paragraph 3, point (b) is replaced by the following: 

‘(b)  targeted  and  integrated  support,  including  trauma  support  and  counselling,  for 
victims  with  specific  needs,  such  as  victims  of  sexual  violence,  victims  of  gender-
based violence, including violence against women and domestic violence covered by 
Directive (EU) …/… of the European Parliament and of the Council64 [on combating 
violence  against  women  and  domestic  violence],  victims  of  trafficking  in  human 
beings, victims of organised crimes, victims with disabilities, victims of exploitation, 
victims of hate crime, victims of terrorism, victims of core international crimes.’; 

(c)  

the following paragraph is added: 

‘4.  Member  States  shall  provide  the  protection  and  specialist  support  services 
necessary  to  comprehensively  address  the  multiple  needs  of  victims  with  specific 
needs in line with the protocols referred to in Article 26a(1), point (c).’ 

(5) 

the following Article 9a is inserted in Chapter II: 

1. 

2. 

3. 

(6) 

‘Article 9a 

Targeted and integrated support services for children 

Member States shall take the necessary measures to ensure the availability of child-
friendly  targeted  and  integrated  specialist  services  for  children  to  provide  for  age-
appropriate  support  and  protection  necessary  to  comprehensively  address  the 
multitude of needs of child victims. 

Targeted  and  integrated  support  services  for  child  victims  shall  provide  for  a 
coordinated multi-agency mechanism that includes the following services: 

(a) 

the provision of information; 

(b)  medical examination; 

(c) 

emotional and psychological support; 

(d)  possibility of crime reporting;  

(e) 

(f) 

individual assessment of protection and support needs referred to in Article 22; 

video recording of testimonies referred to in Article 24(1).  

The services referred to in paragraph 2 shall be provided within the same premises.’; 

the following Articles 10a and 10b are inserted: 

‘Article 10a 

Right to assistance at the court 

64 

Directive  (EU)  …/…  of  the  European  Parliament  and  of  the  Council  on  combating  violence  against 
women and domestic violence (OJ …).’; 

EN 

28 

  EN 

                                                 
Member States shall take the necessary measures to establish assistance at the court premises 
to provide information and emotional support to victims. 

Article 10b 

Right to a review of decisions taken during court proceedings 

1. 

Member  States  shall  ensure  that  victims  are  informed  without  delay  of  decisions 
taken in court proceedings that affect them directly and have the right to a review of 
such  decisions.  Such  decisions  shall  include  at  least  decisions  pursuant  to  the 
following provisions: 

(a)  Article 7(1) in relation to decisions on interpretation during court hearings;  

(b)  Article 23(3). 

2. 

The procedural rules under which victims may request a review of decisions referred 
to in paragraph 1 shall be determined by national law. 

Member States shall ensure that the judicial decisions on the request of such a review 
are taken within reasonable time.’; 

(7) 

Article 16 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

‘1.  Member  States  shall  ensure  that,  in  the  course  of  the  criminal  proceedings, 
victims  are  entitled  to  obtain  a  decision  on  compensation  by  the  offender,  within  a 
reasonable time.’;  

(b)  paragraph 2 is replaced by the following: 

‘2.  Member  States  shall  ensure  that  their  competent  authorities  pay  directly  to  the 
victim the adjudicated compensation without undue delay. The competent authorities 
shall  be  subrogated  to  the  right  of  the  victim  in  relation  to  the  offender  for  the 
amount of the adjudicated compensation.’; 

(8) 

Article 17 is amended as follows: 

(a) 

in paragraph 1, point (b) is replaced by the following: 

‘(b) to have recourse to the extent possible to the provisions on video conferencing 
and  telephone  conference  calls  to  facilitate  participation  in  criminal  proceedings  of 
victims who are resident abroad.’; 

(b) 

the following paragraph is added: 

‘4. Member States shall ensure that the competent authorities may request assistance 
from  Eurojust  and  transmit  to  Eurojust  the  information  aimed  at  facilitating 
cooperation  with  the  competent  authorities  of  other  Member  States  in  cross-border 
cases.’; 

(9) 

in Article 21, the following paragraph is added: 

‘3. Member States  shall  ensure that personal  data concerning a victim allowing the 
offender to identify the victim’s place of residence or to otherwise contact the victim 
in any way is not provided to the offender either directly or indirectly.’; 

(10) 

Article 22 is amended as follows: 

(a) 

the title is replaced by the following: 

EN 

29 

  EN 

‘Individual  assessment  of  victims  to  identify  specific  support  and  protection 
needs’; 

(b)  paragraph 1 is replaced by the following: 

‘1.  Member  States  shall  ensure  that  victims  receive  a  timely  and  individual 
assessment,  to  identify  specific  support  and  protection  needs  and  to  determine 
whether  and  to  what  extent  they  would  benefit  from  special  measures  provided  for 
under  Article  9(1),  point  (c),  and  Articles  23  and  24,  due  to  their  particular 
vulnerability  to  secondary  and  repeat  victimisation,  to  intimidation  and  to 
retaliation.’;  

(c) 

the following paragraph 1a is inserted: 

‘1a. The individual assessment shall be initiated upon the first contact of the victim 
with the competent authorities, and shall last as long as necessary depending on the 
specific needs of each victim. Where the result of the initial stage  of the individual 
assessment  by  the  first  contact  authorities  demonstrates  the  need  to  continue  the 
assessment, such assessment shall be undertaken in collaboration with the institutions 
and bodies depending on the stage of the procedure and victims’ individual needs in 
accordance with the protocols referred to in Article 26a.’; 

(d)  paragraphs 2 and 3 are replaced by the following: 

‘2. The individual assessment shall take into account:  

(a) 

the personal characteristics of the victim, including relevant experiences 
of discrimination, also when based on a combination of several grounds 
such  as  sex,  gender,  age,  disability,  religion  or  belief,  language,  racial, 
social or ethnic origin, sexual orientation; 

(b) 

the type or nature of the crime;  

(c) 

the circumstances of the crime; 

(d) 

the relationship to and the characteristics of the offender. 

3. In the context of the individual assessment, particular attention shall be paid to:  

(a) 

victims  who  have  suffered  considerable  harm  due  to  the  severity  of  the 
crime;  

(b)  victims  who  have  suffered  a  crime  committed  with  a  bias  or 
discriminatory  motive  which  could,  in  particular,  be  related  to  their 
personal characteristics;  

(c) 

victims whose relationship to and dependence on the offender make them 
particularly vulnerable.  

In this regard, victims of terrorism, organised crime, human trafficking, gender-based 
violence, including violence against women and domestic violence, sexual violence, 
exploitation  or  hate  crime,  victims  of  core  international  crime  and  victims  with 
disabilities shall be duly considered. Particular attention shall be paid to victims who 
fall under more than one of those categories.’; 

(e) 

the following paragraph 3a is inserted: 

‘3a. In the context of the individual assessment, particular attention shall be paid to 
the risk emanating from the offender, including the risk of violent behaviour and of 
bodily harm, the use of weapons, involvement in a group of organised crime, drug or 

EN 

30 

  EN 

alcohol abuse, child abuse, mental health issues, behaviour of stalking, expression of 
threats or hate speech.’; 

(f) 

paragraph 4 is replaced by the following: 

‘4.  For  the  purposes  of  this  Directive,  child  victims  shall  be  presumed  to  have 
specific  support  and  protection  needs  due  to  their  vulnerability  to  secondary  and 
repeat victimisation, to intimidation and to retaliation. To determine whether and to 
what extent they would benefit from special measures as provided for under Articles 
23 and 24, child victims shall be subject to an individual assessment as provided for 
in  paragraph  1  of  this  Article.  The  individual  assessment  of  child  victims  shall  be 
organised within the framework of targeted and integrated support services referred 
to in Article 9a.’; 

(g)  paragraph 6 is replaced by the following: 

‘6.  Individual  assessments  shall  be  carried  out  with  the  close  involvement  of  the 
victim and shall take into account their wishes including where they do not wish to 
benefit from special measures as provided for in Articles 8, 9 ,9a, 23 and 24.’; 

(h)  paragraph 7 is replaced by the following 

‘7. Competent authorities shall update the individual assessment at regular intervals 
to  ensure  the  support  and  protection  measures  relate  to  the  victim’s  changing 
situation.  If  the  elements  that  form  the  basis  of  the  individual  assessment  have 
changed significantly, Member States shall ensure that it is  updated throughout  the 
criminal proceedings.’; 

(11) 

in Article 23, paragraph 2, point (d) is replaced by the following: 

‘(d) all interviews with victims of sexual violence, gender-based violence including 
victims of violence against women and domestic violence covered by Directive (EU) 
…/…  of  the  European  Parliament  and  of  the  Council65  [on  combating  violence 
against women and domestic violence], unless conducted by a prosecutor or a judge, 
being conducted by a person of the same sex as the victim, if the victims so wishes, 
provided that the course of the criminal proceedings will not be prejudiced.’; 

(12) 

in Article 23, the following paragraph is added:  

‘4. The following measures to ensure victims’ physical protection shall be available 
for victims with specific protection needs identified in accordance with Article 22(1) 
during criminal proceedings: 

(a) 

continuous or temporary presence of law enforcement authorities; 

(b)  barring, restraining or protection orders to provide protection for victims 
against  any  acts  of  violence,  including  by  prohibiting  or  restraining 
certain dangerous behaviour of the offender.’; 

(13) 

in Article 24, the following paragraph is added: 

‘3. Where the offence involves the holder of parental responsibility, or there could be 
any  other  conflict  of  interest  between  the  child  victims  and  the  holder  of  parental 
responsibility, Member States shall take into account the best interest of the child and 

65 

Directive  (EU)  …/…  of  the  European  Parliament  and  of  the  Council  on  combating  violence  against 
women and domestic violence (OJ …).’ 

EN 

31 

  EN 

                                                 
ensure  that  any  act  requiring  consent  is  not  conditional  upon  the  consent  of  the 
holder of parental responsibility.’; 

(14) 

the following articles are inserted in Chapter 5: 

1. 

2. 

3. 

1. 

2. 

‘Article 26a 

Protocols through national coordination and cooperation  

Member States shall establish and implement specific protocols on the organisation 
of  services  and  actions  under  this  Directive  by  the  competent  authorities  and  other 
persons  coming  in  contact  with  victims.  The  protocols  shall  be  drawn  up  in 
coordination  and  cooperation  between  law  enforcement,  prosecution  authorities, 
judges, detention authorities, restorative justice services and victim support services. 
The specific protocols shall aim as a minimum at ensuring that: 

(a) 

victims receive information that is adapted to their changing individual needs; 
whereas such information shall be simple and easy to understand, provided in a 
timely  manner,  repeated  over  time,  in  multiple  formats  including  orally,  in 
writing and digitally; 

(b)  victims who are in detention including jails, detention centres and holding cells 
for  suspects  and  accused,  as  well  as  specialised  detention  facilities  for 
applicants  of  international  protection  and  pre-removal  centres  or  in  other 
institutions, 
including  accommodation  centers  where  applicants  and 
beneficiaries of international protection are located:  

(i) 

receive the information about their rights; 

(ii) 

can rely on facilitated crime reporting; 

(iii)  have access to support and protection in accordance with their individual 

needs; 

(c) 

individual assessment of victims’ needs for support and protection as referred 
to  in  Article  22,  and  provision  of  support  services  for  victims  with  specific 
needs, take into account the victims’ individual needs at different stages of the 
criminal procedure.  

Member States shall ensure that the protocols referred to in paragraph 1 are reviewed 
at regular intervals to ensure their effectiveness, and at least once every two years. 

Member States shall take the necessary legislative measures to  allow  for  collection 
and sharing of information, including information containing personal data of victims 
between  the  competent  authorities  and  victim  support  services  to  ensure  access  to 
information and appropriate support and protection of individual victims. 

Article 26b 

Use of electronic means of communication 

Member States shall ensure that victims of crime may exercise their rights provided 
for in Article 3a, Article 4(1), Article 5(1), Article 5a, Article 6(1), (2), (4), (5) and 
(6) and Article 10b using electronic means of communication. 

Victims of crime shall not be prevented from accessing or otherwise using national 
systems  offering the electronic means of  communication referred to  in  paragraph  1 
on the basis that they are residents of another Member State.  

EN 

32 

  EN 

3. 

1. 

2. 

Where national systems offering electronic means of communication require the use 
of electronic identification, signatures and seals, Member States shall allow the use 
of  notified  electronic  identification  schemes,  qualified  electronic  signatures,  and 
qualified electronic seals of any other Member States as provided for in Regulation 
(EU) No 910/2014 of the European Parliament and of the Council66. 

Article 26c 

Rights of victims with disabilities  

Member States shall ensure that victims with disabilities benefit on equal basis with 
others from electronic means of communication as referred to in Article 26b of this 
Directive  by  complying  with  the  accessibility  requirements  set  out  in  Annex  I  to 
Directive (EU) 2019/882 of the European Parliament and of the Council67. 

Member  States  shall  ensure  that  victims  with  disabilities  can  access  on  equal  basis 
with  others,  any  procedure  as  well  as  the  support  services  and  protection  measures 
covered by this Directive in line with the accessibility requirements set out in Annex 
I to Directive (EU) 2019/882.  

Member States shall ensure that reasonable accommodation is  provided  for victims 
with disabilities upon request. 

Article 26d 

Remedies 

Member States shall ensure that victims have an effective remedy under national law 
in the event of a breach of their rights under this Directive.’; 

(15) 

the following Article 27a is inserted: 

‘Article 27a 

Specific obligations in relation to victims of violence against women and domestic 
violence 

When Member States adopt the measures to comply with this Directive, they shall ensure that 
it  is  done  without  affecting  the  obligations  under  Directive  (EU)  …/…  [on  combating 
violence  against  women  and  domestic  violence],  which  are  applicable  in  relation  to  such 
victims  in  addition  to  the  obligations  set  out  in  this  Directive.  In  particular,  Member  States 
shall ensure that 

(a) 

the victims’ helpline as referred to in Article 3a of this Directive does not affect 
the  operation  of  dedicated  and  specialised  helplines  for  victims  of  violence 
against women and domestic violence as required under Article 31 of Directive 
(EU) …/… [on combating violence against women and domestic violence]; 

66 

67 

Regulation  (EU)  No  910/2014  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on 
electronic  identification  and  trust  services  for  electronic  transactions  in  the  internal  market  and 
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 

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). 

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(b) 

(c) 

(d) 

(e) 

(f) 

the obligation to take measures pursuant to Article 5a(2) of this Directive does 
not  affect  Member  States’  obligation  to  take  targeted  measures  to  encourage 
the reporting of acts of violence against women or domestic violence set out in 
Article 16(1) of Directive (EU) …/… [on combatting violence against women 
and domestic violence]; 

the obligation to take measures pursuant to Article 5a(3) of this Directive does 
not affect Member States’ obligation to take specialised measures to ensure the 
reporting  of  occurrences  of  violence  against  women  or  domestic  violence  in 
reception and detention centres set out in Article 35(4) of Directive (EU)…/… 
[on combatting violence against women and domestic violence]; 

the obligation to take measures pursuant to Article 5a(4) of this Directive does 
not  affect  Member  States’  obligation  to  take  targeted  measures  under  Article 
16(4)  of  Directive  (EU)  …/…  [on  combatting  violence  against  women  and 
domestic violence]; 

as  regards  victims  of  violence  against  women  or  domestic  violence,  the 
provisions  of  [Articles  18  and  19  of  Directive  (EU)  …/…  [on  combating 
violence against  women  and domestic  violence] shall apply in  addition  to  the 
rules set out in Article 22 of Directive 2019/29, as amended by this Directive’ 

the  protocols  on  individual  assessment  of  victims’  needs  for  support  and 
protection  as  referred  to  in  Article  26a  in  conjunction  with  Article  22  of  this 
Directive  do  not  affect  Member  States’  obligations  to  issue  guidelines  and 
establish  dedicated  mechanisms  for  victims  of  violence  against  women  and 
domestic  violence  provided  for  in  Article  23,  point  (b),  and  Article  40(2)  of 
Directive  (EU)  …/…  [on  combating  violence  against  women  and  domestic 
violence].’; 

(16) 

Article 28 is replaced by the following: 

‘Article 28 

Provision of data and statistics 

1. 

2. 

3. 

4. 

Each Member State shall  take the  necessary  measures  to  establish a system  for the 
collection,  production  and  dissemination  of  statistics  on  victims  of  crime.  The 
statistics  shall  include  data  relevant  to  the  application  of  national  procedures  on 
victims of crime, including at least the number and type of reported crimes and the 
number,  the  age,  sex  of  the  victims  and  the  type  of  the  offence.  They  shall  also 
include information on how victims have accessed the rights set out in this Directive. 

Member  States  shall  collect  the  statistics  referred  to  in  this  Article  on  the  basis  of 
common  disaggregation  developed  in  cooperation  with  the  Commission  (Eurostat). 
They  shall  transmit  this  data  to  the  Commission  (Eurostat)  every  three  years.  The 
transmitted data shall not contain personal data. 

The  European  Union  Agency  for  Fundamental  Rights  shall  support  Member  States 
and the Commission in  the collection, production and dissemination of statistics on 
victims of crime and in reporting on how victims have accessed the rights set out in 
this Directive. 

The  Commission  (Eurostat)  shall  support  Member  States  in  the  data  gathering 
referred to in paragraph 1, including by establishing common standards on counting 

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5. 

6. 

units,  counting  rules,  common  disaggregation,  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 collection of data under paragraph 1 shall not affect the dedicated data collection 
under Article 44 of Directive (EU) …/… [on combating violence against women and 
domestic violence].’; 

(17) 

Article 29 is replaced by the following: 

‘Article 29 

Reporting by the Commission and review 

By [six years after adoption], the Commission shall submit a report on the application of this 
Directive  to  the  European  Parliament  and  the  Council.  The  report  shall  assess  the  extent  to 
which the Member States have taken the necessary measures to  comply  with  this Directive, 
including the technical implementation.  

The report shall be accompanied, if necessary, by a legislative proposal.’; 

Article 2 

Transposition 

1. 

Member States shall take the necessary measures to comply with this Directive  [by 
two years after the entry into force] with the exception of the provisions necessary to 
comply with Article 26b which shall be adopted and published  [by four years after 
the entry into force]. They shall immediately inform the Commission thereof. 

When  Member  States  adopt  those  measures,  they  shall  contain  a  reference  to  this 
Directive or shall be accompanied by such reference on the occasion of their official 
publication. The methods of making such reference shall be laid down by  Member 
States. 

2. 

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

Article 3 

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. 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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