BETA

Activities of Cornelia ERNST related to 2022/0155(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
2023/11/16
Committee: LIBE
Dossiers: 2022/0155(COD)
Documents: PDF(1 MB) DOC(555 KB)
Authors: [{'name': 'Javier ZARZALEJOS', 'mepid': 197606}]

Amendments (289)

Amendment 278 #
Proposal for a regulation
The European Parliament rejects the Commission proposal (COM(2022)0209).
2023/07/28
Committee: LIBE
Amendment 292 #
Proposal for a regulation
Recital 2
(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.
2023/07/28
Committee: LIBE
Amendment 299 #
Proposal for a regulation
Recital 3
(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
2023/07/28
Committee: LIBE
Amendment 300 #
Proposal for a regulation
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future-proof manner, so as not to hamper innovation.
2023/07/28
Committee: LIBE
Amendment 305 #
Proposal for a regulation
Recital 4 a (new)
(4a) To ensure full achievement of the objectives of this Regulation, Member States should introduce and implement prevention strategies and awareness campaigns in their schools and educational institutions. The EU Centre and Coordinating Authorities, in close cooperation with relevant stakeholders, such as law enforcement agencies and existing hotlines across the Union, should elaborate prevention techniques, in order to prevent and combat child sexual abuse. It is important that digital skills and competences, including media literacy, are recognised as a mandatory skill and an essential part of education, focusing on educating children, parents and educators and the general public on online safety, including online parental control and how to recognize and report online solicitation. The Union and its Member States should allocate more investment in education and training to ensure digital literacy, including protection from bullying and cyberbullying in schools, for children of different age groups.
2023/07/28
Committee: LIBE
Amendment 307 #
Proposal for a regulation
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available number independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video- hosting are equally at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.
2023/07/28
Committee: LIBE
Amendment 312 #
Proposal for a regulation
Recital 6
(6) Online child sexual abuse frequently involves the misuse of information society services offered in the Union by providers established in third countries. In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.
2023/07/28
Committee: LIBE
Amendment 315 #
Proposal for a regulation
Recital 9
(9) Article 15(1) of Directive 2002/58/EC allows Member States to adopt legislative measures to restrict the scope of the rights and obligations provided for in certain specific provisions of that Directive relating to the confidentiality of communications when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society, inter alia, to prevent, investigate, detect and prosecute criminal offences, provided certain conditions are met, including compliance with the Charter. Applying the requirements of that provision by analogy, this Regulation should limit the exercise of the rights and obligations provided for in Articles 5(1), (3) and 6(1) of Directive 2002/58/EC, insofar as strictly necessary to execute detection orders issued in accordance with this Regulation with a view to prevent and combat online child sexual abuse.deleted
2023/07/28
Committee: LIBE
Amendment 317 #
Proposal for a regulation
Recital 9 a (new)
(9a) Encryption, and especially end-to- end encryption, is an increasingly important tool to guarantee the security and confidentiality of the communications of all users, including children. Any restrictions or undermining of any kind of encryption, de jure or de facto, can be used and abused by malicious third parties. Nothing in this Regulation should be interpreted as prohibiting providers of information society services from using any kind of encryption on any part of their services, restricting or, undermining or bypassing such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services. Providers of information society services should under no circumstances be prevented from providing their services using the highest standards of encryption, considering that such encryption is essential for trust in and security of the digital services.
2023/07/28
Committee: LIBE
Amendment 318 #
Proposal for a regulation
Recital 11
(11) A substantial connection to the Union should be considered to exist where the relevant information society services has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of a software application in the relevant national software application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1), point (c), of Regulation (EU) 1215/2012 of the European Parliament and of the Council44. Mere technical accessibility of a website from the Union should not, alone, be considered as establishing a substantial connection to the Union. _________________ 44 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
2023/07/28
Committee: LIBE
Amendment 320 #
Proposal for a regulation
Recital 12
(12) For reasons of consistency and technological neutrality, the term ‘child sexual abuse material’ should for the purpose of this Regulation be defined as referring to any type of material constituting child pornography or pornographic performancematerial that visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of a child for primarily sexual purposes or any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes; or a live exhibition aimed at an audience, including by means of information and communication technology, of a child engaged in real or simulated sexually explicit conduct; or the sexual organs of a child for primarily sexual purposes within the meaning of Directive 2011/93/EU, which is capable of being disseminated through the use of hosting or interpersonal communication services. At present, such material typically consists of images or videos, without it however being excluded that it takes other forms, especially in view of future technological developments.
2023/07/28
Committee: LIBE
Amendment 321 #
Proposal for a regulation
Recital 13
(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators.
2023/07/28
Committee: LIBE
Amendment 327 #
Proposal for a regulation
Recital 14
(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number independent interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.
2023/07/28
Committee: LIBE
Amendment 339 #
Proposal for a regulation
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
2023/07/28
Committee: LIBE
Amendment 340 #
Proposal for a regulation
Recital 16 a (new)
(16a) To further prevent online child sexual abuse effectively, an emphasis should be placed on public awareness raising, including through easily understandable campaigns and in education with a focus on empowerment of young people to use the internet safely and to address societal factors that enable child sexual abuse, including harmful gender norms and broader issues of societal inequality; In addition awareness raising should focus on hotlines where young people can report what has happened to them, as well as to improve access to institutional reporting by police and social services and other authorities.
2023/07/28
Committee: LIBE
Amendment 342 #
Proposal for a regulation
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, pProviders should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement,, taking into accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authoritount the autonomy and rights of children and apapt their design, features and functions of services accordingly.
2023/07/28
Committee: LIBE
Amendment 349 #
Proposal for a regulation
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number independent interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the CommissionEU Centre. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.
2023/07/28
Committee: LIBE
Amendment 351 #
(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possible.deleted
2023/07/28
Committee: LIBE
Amendment 352 #
Proposal for a regulation
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.deleted
2023/07/28
Committee: LIBE
Amendment 362 #
Proposal for a regulation
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.deleted
2023/07/28
Committee: LIBE
Amendment 367 #
Proposal for a regulation
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.deleted
2023/07/28
Committee: LIBE
Amendment 371 #
Proposal for a regulation
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.deleted
2023/07/28
Committee: LIBE
Amendment 375 #
Proposal for a regulation
Recital 24
(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should be in a position to take a well- informed decision on requests for the issuance of detections orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particular, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.deleted
2023/07/28
Committee: LIBE
Amendment 378 #
Proposal for a regulation
Recital 25
(25) Where new services are concerned, that is, services not previously offered in the Union, the evidence available on the potential misuse of the service in the last 12 months is normally non-existent. Taking this into account, and to ensure the effectiveness of this Regulation, the Coordinating Authority should be able to draw on evidence stemming from comparable services when assessing whether to request the issuance of a detection order in respect of such a new service. A service should be considered comparable where it provides a functional equivalent to the service in question, having regard to all relevant facts and circumstances, in particular its main characteristics and functionalities, the manner in which it is offered and used, the user base, the applicable terms and conditions and risk mitigation measures, as well as the overall remaining risk profile.deleted
2023/07/28
Committee: LIBE
Amendment 379 #
Proposal for a regulation
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.deleted
2023/07/28
Committee: LIBE
Amendment 394 #
Proposal for a regulation
Recital 27
(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board should be consulted on those technologies and the ways in which they should be best deployed to ensure compliance with applicable rules of Union law on the protection of personal data. The advice of the European Data Protection Board should be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.deleted
2023/07/28
Committee: LIBE
Amendment 402 #
Proposal for a regulation
Recital 28
(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, as well as to identify false positives and avoid to the extent erroneous reporting to the EU Centre, providers should ensure human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.deleted
2023/07/28
Committee: LIBE
Amendment 408 #
Proposal for a regulation
Recital 29
(29) Providers of hosting services and providers of publicly available number independent interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonableserious grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. TWherever possible, those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.
2023/07/28
Committee: LIBE
Amendment 416 #
Proposal for a regulation
Recital 30
(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection,. Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
2023/07/28
Committee: LIBE
Amendment 418 #
Proposal for a regulation
Recital 32
(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. For legal and practical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in several Member States, it should be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the material.deleted
2023/07/28
Committee: LIBE
Amendment 421 #
Proposal for a regulation
Recital 33
(33) In the interest of consistency, efficiency and effectiveness and to minimise the risk of circumvention, such blocking orders should be based on the list of uniform resource locators, leading to specific items of verified child sexual abuse, compiled and provided centrally by the EU Centre on the basis of diligently verified submissions by the relevant authorities of the Member States. In order to avoid the taking of unjustified or disproportionate measures, especially those that would unduly affect the fundamental rights at stake, notably, in addition to the rights of the children, the users’ freedom of expression and information and the providers’ freedom to conduct a business, appropriate limits and safeguards should be provided for. In particular, it should be ensured that the burdens imposed on the providers of internet access services concerned are not unreasonable, that the need for and proportionality of the blocking orders is diligently assessed also after their issuance and that both the providers and the users affected have effective means of judicial as well as non-judicial redress.deleted
2023/07/28
Committee: LIBE
Amendment 423 #
Proposal for a regulation
Recital 35
(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victimsurvivors depicted. VictimSurvivors should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation and have the right to request the deletion of this child sexual abuse material. In such a case, survivors should have the right to obtain relevant information, upon request, from the EU Centre via the Coordinating Authorities.
2023/07/28
Committee: LIBE
Amendment 430 #
Proposal for a regulation
Recital 36
(36) Given the impact on the rights of victimsurvivors depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victimsurvivors who request the removal or disabling of access of the material in question in a timely manner, in order to minimise the impact that such offences have on the physical and mental health of the minor. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victimsurvivors should also have the right to receive adequate support and to be assisted by the EU Centre in this regard, via the Coordinating Authorities.
2023/07/28
Committee: LIBE
Amendment 431 #
Proposal for a regulation
Recital 37
(37) To ensure the efficient management of such victimsurvivor support functions, victims shoulsurvivors should be informed about the existence of such functions and be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between victimsurvivors and the EU Centre.
2023/07/28
Committee: LIBE
Amendment 432 #
Proposal for a regulation
Recital 38
(38) For the purpose of facilitating the exercise of the victimsurvivors’ right to information and of assistance and support for removal or disabling of access, victim, survivors should be allowed to indicate the relevant item or items of child sexual abuse material in respect of which they are seeking to obtain information or removal or disabling of access either by means of providing the image or images or the video or videos themselves, or by means of providing the uniform resource locators leading to the specific item or items of child sexual abuse material, or by means of any other representation allowing for the unequivocal identification of the item or items in question.
2023/07/28
Committee: LIBE
Amendment 434 #
Proposal for a regulation
Recital 44
(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, without prejudice to the enforcement powers of other national authorities. The Coordinating Authority should oversee issues related to prevention, education and awareness raising, and organise and promote regular trainings for officials, including law enforcement authorities, who deal with cases which involve children.
2023/07/28
Committee: LIBE
Amendment 436 #
Proposal for a regulation
Recital 48
(48) Given the need to ensure the effectiveness of the obligations imposed, Coordinating Authorities should be granted enforcement powers to address infringements of this Regulation. These powers should include the power to temporarily restrict access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place. In light of the high level of interference with the rights of the service providers that such a power entails, the latter should only be exercised when certain conditions are met. Those conditions should include the condition that the infringement results in the regular and structural facilitation of child sexual abuse offences, which should be understood as referring to a situation in which it is apparent from all available evidence that such facilitation has occurred on a large scale and over an extended period of time.
2023/07/28
Committee: LIBE
Amendment 439 #
Proposal for a regulation
Recital 49
(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of detection orders, removal orders or blocking, removal orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concerned.
2023/07/28
Committee: LIBE
Amendment 443 #
Proposal for a regulation
Recital 50
(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.
2023/07/28
Committee: LIBE
Amendment 444 #
Proposal for a regulation
Recital 55
(55) It is essential for the proper functioning of the system of mandatory detection and blocking of online child sexual abuse set up by this Regulation that the EU Centre receives, via the Coordinating Authorities, material identified as constituting child sexual abuse material or transcripts of conversations identified as constituting the solicitation of children, such as may have been found for example during criminal investigations, so that that material or conversations can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court or another independent administrative authority than the Coordinating Authority. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to new child sexual abuse material and the solicitation of children reported under this Regulation, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set in connection to such reporting.deleted
2023/07/28
Committee: LIBE
Amendment 448 #
Proposal for a regulation
Recital 56
(56) With a view to ensuring that the indicators generated by the EU Centre for the purpose of detection are as complete as possible, the submission of relevant material and transcripts should be done proactively by the Coordinating Authorities. However, the EU Centre should also be allowed to bring certain material or conversations to the attention of the Coordinating Authorities for those purposes.deleted
2023/07/28
Committee: LIBE
Amendment 452 #
Proposal for a regulation
Recital 58
(58) In particular, in order to facilitate the cooperation needed for the proper functioning of the mechanisms set up by this Regulation, the EU Centre should establish and maintain the necessary information-sharing systems. When establishing and maintaining such systems, the EU Centre should cooperate with the European Union Agency for Law Enforcement Cooperation (‘Europol’) and national authorities to build on existing systems and best practices, where relevant.
2023/07/28
Committee: LIBE
Amendment 455 #
Proposal for a regulation
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blockreporting obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.
2023/07/28
Committee: LIBE
Amendment 458 #
Proposal for a regulation
Recital 61
(61) The EU Centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse, so as to enable the detection and blocking thereof in accordance with this Regulation. Given the nature of child sexual abuse material, that reliable information needs to be provided without sharing the material itself. Therefore, the EU Centre should generate accurate and reliable indicators, based on identified child sexual abuse material and solicitation of children submitted to it by Coordinating Authorities in accordance with the relevant provisions of this Regulation. These indicators should allow technologies to detect the dissemination of either the same material (known material) or of different child sexual abuse material (new material), or the solicitation of children, as applicable.deleted
2023/07/28
Committee: LIBE
Amendment 460 #
Proposal for a regulation
Recital 61 a (new)
(61a) The EU Centre should be charged with the provision of assistance to Coordinating Authorities, as well as the generation of research, prevention techniques and sharing of knowledge, best practices and expertise related to online child sexual abuse, successful initiatives on digital skills and competences in an age appropriate manner, including media literacy, on sex education, and reacting timely to the evolving trends of child sexual abuse material dissemination.
2023/07/28
Committee: LIBE
Amendment 461 #
Proposal for a regulation
Recital 62
(62) For the system established by this Regulation to function properly, the EU Centre should be charged with creating databases for each of those three types of online child sexual abuse, and with maintaining and operating those databases. For accountability purposes and to allow for corrections where needed, it should keep records of the submissions and the process used for the generation of the indicators.deleted
2023/07/28
Committee: LIBE
Amendment 463 #
Proposal for a regulation
Recital 63
(63) For the purpose of ensuring the traceability of the reporting process and of any follow-up activity undertaken based on reporting, as well as of allowing for the provision of feedback on reporting to providers of hosting services and providers of publicly available interpersonal communications services, generating statistics concerning reports and the reliable and swift management and processing of reports, the EU Centre should create a dedicated database of such reports. To be able to fulfil the above purposes, that database should also contain relevant information relating to those reports, such as the indicators representing the material and ancillary tags, which can indicate, for example, the fact that a reported image or video is part of a series of images and videos depicting the same victim or victimsurvivor or survivors.
2023/07/28
Committee: LIBE
Amendment 464 #
Proposal for a regulation
Recital 64
(64) Given the sensitivity of the data concerned and with a view to avoiding any errors and possible misuse, it is necessary to lay down strict rules on the access to those databases of indicators and databases of reports, on the data contained therein and on their security. In particular, the data concerned should not be stored for longer than is strictly necessary. For the above reasons, access to the database of indicators should be given only to the parties and for the purposes specified in this Regulation, subject to the controls by the EU Centre, and be limited in time and in scope to what is strictly necessary for those purposes.
2023/07/28
Committee: LIBE
Amendment 467 #
Proposal for a regulation
Recital 65
(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks, reports should pass through the EU Centre. The EU Centre should assess those reports in order to identify those that are manifestly unfounded, that is, where it is immediately evident, without any substantive legal or factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is manifestly unfounded, the EU Centre should provide feedback to the reporting provider of hosting services or provider of publicly available number independent interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.
2023/07/28
Committee: LIBE
Amendment 470 #
Proposal for a regulation
Recital 66
(66) With a view to contributing to the effective application of this Regulation and the protection of victimsurvivors’ rights, the EU Centre should be able, upon request, to support victimsurvivors and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators.. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis.
2023/07/28
Committee: LIBE
Amendment 472 #
Proposal for a regulation
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse, including lessons learned from, prevention and awareness raising campaigns. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned on creating safe digital experiences for children and promoting their empowerment and active participation in the digital environment.
2023/07/28
Committee: LIBE
Amendment 474 #
Proposal for a regulation
Recital 69
(69) In order to allow for the effective and efficient performance of its tasks, the EU Centre should closely cooperate with Coordinating Authorities, the Europol and relevant partner organisations, such as the US National Centre for Missing and Exploited Children or the International Association of Internet Hotlines (‘INHOPE’) network of hotlines for reporting child sexual abuse material, within the limits sets by this Regulation and other legal instruments regulating their respective activities. To facilitate such cooperation, the necessary arrangements should be made, including the designation of contact officers by Coordinating Authorities and the conclusion of memoranda of understandinga working arrangement with Europol and, where appropriate, with one or more of the relevant partner organisations.
2023/07/28
Committee: LIBE
Amendment 478 #
Proposal for a regulation
Recital 71
(71) Considering Europol’s mandate and its experience in identifying competent national authorities in unclear situation and its database of criminal intelligence which can contribute to identifying links to investigations in other Member States, the EU Centre should cooperate closely with it, especially in order to ensure the swift identification of competent national law enforcement authorities in cases where that is not clear or where more than one Member State may be affected.deleted
2023/07/28
Committee: LIBE
Amendment 479 #
Proposal for a regulation
Recital 72
(72) Considering the need for the EU Centre to cooperate intensively with Europol, the EU Centre’s headquarters should be located alongside Europol’s, which is located in The Hague, the Netherlands. The highly sensitive nature of the reports shared with Europol by the EU Centre and the technical requirements, such as on secure data connections, both benefit from a shared location between the EU Centre and Europol. It would also allow the EU Centre, while being an independent entity, to rely on the support services of Europol, notably those regarding human resources management, information technology (IT), including cybersecurity, the building and communications. Sharing such support services is more cost-efficient and ensure a more professional service than duplicating them by creating them anew.deleted
2023/07/28
Committee: LIBE
Amendment 484 #
Proposal for a regulation
Recital 74
(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.
2023/07/28
Committee: LIBE
Amendment 488 #
Proposal for a regulation
Recital 75
(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.deleted
2023/07/28
Committee: LIBE
Amendment 491 #
Proposal for a regulation
Recital 76
(76) In the interest of good governance and drawing on the statistics and information gathered and transparency reporting mechanisms provided for in this Regulation, the Commission should carry out an evaluation of this Regulation within fivetwo years of the date of its entry into force, and every fivetwo years thereafter.
2023/07/28
Committee: LIBE
Amendment 501 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of number independent interpersonal communications services to detect and report online child sexual abuse and to cooperate with the EU Centre;
2023/07/28
Committee: LIBE
Amendment 509 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c
(c) obligations on providers of hosting services to remove or disable access toknown child sexual abuse material on their services;
2023/07/28
Committee: LIBE
Amendment 510 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d
(d) obligations on providers of internet access services to disable access to child sexual abuse material;deleted
2023/07/28
Committee: LIBE
Amendment 525 #
Proposal for a regulation
Article 1 – paragraph 3 – point d
(d) Regulation (EU) 2016/679, Directive 2016/680, Regulation (EU) 2018/1725, and, subject to paragraph 4 of this Article, Directive 2002/58/EC.
2023/07/28
Committee: LIBE
Amendment 530 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. Nothing in this Regulation shall be interpreted as prohibiting, restricting or undermining, including de-facto, the provision or use of encrypted and end-to- end encrypted services. Providers shall not in particular be prohibited or discouraged from offering end-to-end encrypted services, and the provision of such services shall not be made, including de-facto, difficult, financially unsustainable, or impossible.
2023/07/28
Committee: LIBE
Amendment 533 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
3b. This Regulation shall be without prejudice to the rules on professional secrecy under national law, such as rules on the protection of professional communications, between doctors and their patients, between journalists and their sources, or between lawyers and their clients, in particular since the confidentiality of communications between lawyers and their clients is key to ensuring the effective exercise of the rights of the defence as an essential part of the right to a fair trial.
2023/07/28
Committee: LIBE
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 3 c (new)
3c. This Regulation does not provide for a lawful basis for the processing of personal data for the sole purpose of detecting child sexual abuse on a voluntary basis.
2023/07/28
Committee: LIBE
Amendment 537 #
Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation limits the exercise of the rights and obligations provided for in 5(1) and (3) and Article 6(1) of Directive 2002/58/EC insofar as necessary for the execution of the detection orders issued in accordance with Section 2 of Chapter 1 of this Regulation.deleted
2023/07/28
Committee: LIBE
Amendment 545 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘number independent interpersonal communications service’ means a publicly available services as defined in Article 2, point 57, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service;
2023/07/28
Committee: LIBE
Amendment 553 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘internet access service’ means a service as defined in Article 2(2), point 2, of Regulation (EU) 2015/2120 of the European Parliament and of the Council49; _________________ 49 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1– 18).deleted
2023/07/28
Committee: LIBE
Amendment 561 #
(ii) anindependent interpersonal communications services;
2023/07/28
Committee: LIBE
Amendment 562 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii
(iii) a software applications store;deleted
2023/07/28
Committee: LIBE
Amendment 567 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv
(iv) an internet access service.deleted
2023/07/28
Committee: LIBE
Amendment 573 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘child’ means any natural person below the age of consent as regulated in the respective Member States, but at least below the age of 18 years;
2023/07/28
Committee: LIBE
Amendment 579 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of consent as regulated in the respective Member States, but at least below the age of 17 years;
2023/07/28
Committee: LIBE
Amendment 584 #
Proposal for a regulation
Article 2 – paragraph 1 – point l
(l) ‘child sexual abuse material’ means any material constituting child pornography or pornographic performancethat visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of a child for primarily sexual purposes or any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes; or a live exhibition aimed at an audience, including by means of information and communication technology, of a child engaged in real or simulated sexually explicit conduct; or the depict of sexual organs of a child for primarily sexual purposes as defined in Article 2, points (c) and (e), respectively, of Directive 2011/93/EU;
2023/07/28
Committee: LIBE
Amendment 585 #
Proposal for a regulation
Article 2 – paragraph 1 – point m
(m) ‘known child sexual abuse material’ means potential child sexual abuse material detected using the indicators contained in the database of indicators referred to in Article 44(1), point (a);
2023/07/28
Committee: LIBE
Amendment 586 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘new child sexual abuse material’ means potential child sexual abuse material detected using the indicators contained in the database of indicators referred to in Article 44(1), point (b);deleted
2023/07/28
Committee: LIBE
Amendment 588 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
(o) ‘solicitation of children’ means the solicitation of children for sexual purposes as referred to in Article 6 of Directive 2011/93/EU;deleted
2023/07/28
Committee: LIBE
Amendment 591 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material and the solicitation of children;
2023/07/28
Committee: LIBE
Amendment 598 #
Proposal for a regulation
Article 2 – paragraph 1 – point s
(s) ‘content data’ means data as defined in Article 2, point 10, of Regulation (EU) … [on European Production and Preservation Orders for electronic evidence in criminal matters (…/… e-evidence Regulation)];deleted
2023/07/28
Committee: LIBE
Amendment 601 #
Proposal for a regulation
Article 2 – paragraph 1 – point w
(w) ‘main establishment’ means the head office or registered office of the provider of relevant information society services within which the principal financial functions and operational control are exercised.
2023/07/28
Committee: LIBE
Amendment 612 #
1. Providers of hosting services and providers of number independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the riskcarry out a risk assessment of use of the service for the purpose of online child sexual abuse. The risk asessment shall be made public.
2023/07/28
Committee: LIBE
Amendment 624 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the existence and implementation by the provider of a policy and the availability of functionalities to address the risk referred to in paragraph 1, including through the followingof:
2023/07/28
Committee: LIBE
Amendment 630 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1
– prohibitions and restrictions laid down in the terms and conditions;deleted
2023/07/28
Committee: LIBE
Amendment 632 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2
– measures taken to enforce such prohibitions and restrictions;deleted
2023/07/28
Committee: LIBE
Amendment 638 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
– functionalities enabling age verification;deleted
2023/07/28
Committee: LIBE
Amendment 642 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4
– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate; and capacity to meaningfully deal with those reports in a timely manner;
2023/07/28
Committee: LIBE
Amendment 654 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) the manner in which users use the service and the impact thereof on that risk;deleted
2023/07/28
Committee: LIBE
Amendment 657 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, and the impact thereof on that risk;deleted
2023/07/28
Committee: LIBE
Amendment 662 #
(e) with respect to the risk of solicitation of children: (i) the extent to which the service is used or is likely to be used by children; (ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups; (iii) the availability of functionalities creating or reinforcing the risk of solicitation of children, including the following functionalities: — enabling users to search for other users and, in particular, for adult users to search for child users; — enabling users to establish contact with other users directly, in particular through private communications; — enabling users to share images or videos with other users, in particular through private communications.deleted
2023/07/28
Committee: LIBE
Amendment 696 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment.
2023/07/28
Committee: LIBE
Amendment 699 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
The costs incurred by the EU Centre for the performance of such an analysissupport of the risk assessment shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium- sized enterprise, provided the request is reasonably necessary to support the risk assessment.
2023/07/28
Committee: LIBE
Amendment 703 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a. Risk assessment obligations shall always be strictly necessary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, nor an obligation for providers to seek knowledge of illegal content.
2023/07/28
Committee: LIBE
Amendment 704 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
The provider shall carry out the first risk assessment by [Date of application of this Regulation + 36 months] or, where the provider did not offer the service in the Union by [Date of application of this Regulation], by threesix months from the date at which the provider started offering the service in the Union.
2023/07/28
Committee: LIBE
Amendment 707 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Subsequently, the provider shall update the risk assessment where necessary and at least once every three years from the date at which it last carried out or updated the risk assessment. However:
2023/07/28
Committee: LIBE
Amendment 708 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) for a service which is subject to a detection order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the detection order;deleted
2023/07/28
Committee: LIBE
Amendment 711 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) the Coordinating Authority of establishment may require the provider to update the risk assessment at a reasonable earlier date than the date referred to in the second subparagraph, where there is evidence indicating a possible substantial change in the risk that the service is used for the purpose of online child sexual abuse.deleted
2023/07/28
Committee: LIBE
Amendment 713 #
Proposal for a regulation
Article 3 – paragraph 5
5. The risk assessment shall include an assessment of any potential remaining risk that, after taking the mitigation measures pursuant to Article 4, the service is used for the purpose of online child sexual abuse.deleted
2023/07/28
Committee: LIBE
Amendment 717 #
Proposal for a regulation
Article 3 – paragraph 6
6. The Commission,EU Centre in cooperation with European Data Protection Board, the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and usedcarrying out the risk asessment.
2023/07/28
Committee: LIBE
Amendment 727 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall take reasonable mitigation measures, tailored to the systermic risks identified pursuant to Article 3, to minimise that risk. Such measures shall, where applicable and technically feasible without being detrimental to the technical integrity or operating model of the platform or service, and without being detrimental to the confidentiality of the communications on that service, may include some or all of the following:
2023/07/28
Committee: LIBE
Amendment 737 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) adapting, through appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its terms and conditions;
2023/07/28
Committee: LIBE
Amendment 786 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk as well as the provider’s financial and technological capabilities and the number of users;
2023/07/28
Committee: LIBE
Amendment 790 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) applied in a diligent and non- discriminatory manner, with full assessment, having due regard, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected and in particular of the rights to privacy, data protection and freedom of expression, and for the protection of the integrity and security of platforms and services, including those that are end-to-end encrypted;
2023/07/28
Committee: LIBE
Amendment 796 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
(d) introduced, reviewed, discontinued or expanded, as appropriate, each time the risk assessment is conducted or updated pursuant to Article 3(4), as soon as possible and in any case within threesix months from the date referred to therein.
2023/07/28
Committee: LIBE
Amendment 801 #
Proposal for a regulation
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures.deleted
2023/07/28
Committee: LIBE
Amendment 812 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
3a. Risk mitigation measures shall always be strictly necessary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, contrary to Article 5 of the ePrivacy Directive, nor an obligation for providers to seek knowledge of illegal content.
2023/07/28
Committee: LIBE
Amendment 814 #
Proposal for a regulation
Article 4 – paragraph 4
4. Providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures.
2023/07/28
Committee: LIBE
Amendment 820 #
Proposal for a regulation
Article 4 – paragraph 5
5. The Commission,EU Centre in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used.
2023/07/28
Committee: LIBE
Amendment 822 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
5a. The European Data Protection Board (EDPB) shall issue guidelines regarding the compliance with the General Data Protection Regulation of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non- encrypted environments. Data Protection Authorities shall be in charge of the supervision of the application of the EDPB guidelines and they shall assess any technologies currently used or that will be used to scan the content of communications with the aim of detecting CSAM or any other type of content in light of the Regulation (EU) 2016/679 (General Data Protection Regulation) and the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
2023/07/28
Committee: LIBE
Amendment 824 #
Proposal for a regulation
Article 4 – paragraph 5 b (new)
5b. Where the mitigating measures by a provider in accordance with Paragraph 1 prove to be ineffective or insufficient, the Coordinating Authority shall have the power to order the provider to comply with this Article, including by ordering the provider to take specific mitigating measures in accordance with this Article.
2023/07/28
Committee: LIBE
Amendment 829 #
Proposal for a regulation
Article 5
1. Providers of hosting services and providers of interpersonal communications services shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following: (a) the process and the results of the risk assessment conducted or updated pursuant to Article 3, including the assessment of any potential remaining risk referred to in Article 3(5); (b) any mitigation measures taken pursuant to Article 4. 2. Within three months after receiving the report, the Coordinating Authority of establishment shall assess it and determine, on that basis and taking into account any other relevant information available to it, whether the risk assessment has been carried out or updated and the mitigation measures have been taken in accordance with the requirements of Articles 3 and 4. 3. Where necessary for that assessment, that Coordinating Authority may require further information from the provider, within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than two weeks. The time period referred to in the first subparagraph shall be suspended until that additional information is provided. 4. Without prejudice to Articles 7 and 27 to 29, where the requirements of Articles 3 and 4 have not been met, that Coordinating Authority shall require the provider to re-conduct or update the risk assessment or to introduce, review, discontinue or expand, as applicable, the mitigation measures, within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than one month. 5. Providers shall, when transmitting the report to the Coordinating Authority of establishment in accordance with paragraph 1, transmit the report also to the EU Centre. 6. Providers shall, upon request, transmit the report to the providers of software application stores, insofar as necessary for the assessment referred to in Article 6(2). Where necessary, they may remove confidential information from the reports.Article 5 deleted Risk reporting
2023/07/28
Committee: LIBE
Amendment 855 #
Proposal for a regulation
Article 6
Obligations for software application 1. Providers of software application stores shall: (a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children; (b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; (c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b). 2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3. 3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures. 4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.Article 6 deleted stores
2023/07/28
Committee: LIBE
Amendment 881 #
Proposal for a regulation
Article 7
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1051 #
Proposal for a regulation
Article 8
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1100 #
Proposal for a regulation
Article 9
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1126 #
Proposal for a regulation
Article 10
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1208 #
The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.deleted
2023/07/28
Committee: LIBE
Amendment 1223 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first.
2023/07/28
Committee: LIBE
Amendment 1226 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Where within the three months’ time period referred to in the second subparagraph the provider receives such a communication from the EU Centre indicating that the information is not to be provided, it shall inform the user concerned, without undue delay, after the expiry of the time period set out in that communication.deleted
2023/07/28
Committee: LIBE
Amendment 1233 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include, insofar available:
2023/07/28
Committee: LIBE
Amendment 1244 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
(ca) information on the reporting mechanism or specific technology used to detect the content;
2023/07/28
Committee: LIBE
Amendment 1248 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) all availableother relevant data other than content data related to the potentialsuspected online child sexual abuse;
2023/07/28
Committee: LIBE
Amendment 1250 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children;deleted
2023/07/28
Committee: LIBE
Amendment 1256 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
(f) information concerning the geographic location related to the potentialsuspected online child sexual abuse, such as the Internet Protocol address;
2023/07/28
Committee: LIBE
Amendment 1258 #
Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) information concerning the identity of any user involved in the potentialsuspected online child sexual abuse;
2023/07/28
Committee: LIBE
Amendment 1260 #
Proposal for a regulation
Article 13 – paragraph 1 – point h
(h) whether the provider has also reported, or will also report, the potentialsuspected online child sexual abuse to a public authority or other entity competent to receive such reports of a third country and if so, which authority or entity;
2023/07/28
Committee: LIBE
Amendment 1262 #
Proposal for a regulation
Article 13 – paragraph 1 – point i
(i) where the potentialsuspected online child sexual abuse concerns the dissemination of known or new child sexual abuse material, whether the provider has removed or disabled access to the material;
2023/07/28
Committee: LIBE
Amendment 1270 #
Proposal for a regulation
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.
2023/07/28
Committee: LIBE
Amendment 1271 #
Proposal for a regulation
Article 14 – paragraph 2
2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider, but in any case no longer than 3 days.
2023/07/28
Committee: LIBE
Amendment 1278 #
Proposal for a regulation
Article 14 – paragraph 3 – point g
(g) a reference to Article 14 of this Regulation as the legal basis for the removal order;
2023/07/28
Committee: LIBE
Amendment 1281 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility not attributable to it, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds, using the template set out in Annex V.
2023/07/28
Committee: LIBE
Amendment 1282 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
5a. If the provider considers that the removal order has not been issued in accordance with this Article, or is manifestly abusive, it shall refuse to execute the order and provide a reasoned justification to the Coordinating Authority that issued the order.
2023/07/28
Committee: LIBE
Amendment 1283 #
Proposal for a regulation
Article 14 – paragraph 7
7. The provider shall, without undue delay and using the template set out in Annex VI, inform the Coordinating Authority of establishment and the EU Centre, of the measures taken to execute the removal order, indicating, in particular, whether the provider removed the child sexual abuse material or disabled access thereto in all Member States and the date and time thereof.
2023/07/28
Committee: LIBE
Amendment 1288 #
(a) the fact that it removed the material or disabled access thereto;
2023/07/28
Committee: LIBE
Amendment 1289 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
(b) the reasons for the removal or disabling, providing a copy of the removal order upon the user’s request;
2023/07/28
Committee: LIBE
Amendment 1292 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
2023/07/28
Committee: LIBE
Amendment 1299 #
Proposal for a regulation
Article 16
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1310 #
Proposal for a regulation
Article 17
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1320 #
Proposal for a regulation
Article 18
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1330 #
Proposal for a regulation
Article 19 – paragraph 1
Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements.
2023/07/28
Committee: LIBE
Amendment 1335 #
Proposal for a regulation
Article 20 – title
VictimSurvivors’ right to information
2023/07/28
Committee: LIBE
Amendment 1338 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. . The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible manner.
2023/07/28
Committee: LIBE
Amendment 1350 #
Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) whether the provider reported having removed or disabled access to the material, in accordance with Article 13(1), point (i).
2023/07/28
Committee: LIBE
Amendment 1354 #
Proposal for a regulation
Article 21 – title
VictimSurvivors’ right of assistance and support for removal
2023/07/28
Committee: LIBE
Amendment 1360 #
Proposal for a regulation
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
2023/07/28
Committee: LIBE
Amendment 1364 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible way.
2023/07/28
Committee: LIBE
Amendment 1370 #
Proposal for a regulation
Article 21 – paragraph 4 – point b
(b) verifying whether the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1);
2023/07/28
Committee: LIBE
Amendment 1380 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point a
(a) executing a detection order issued pursuant to Article 7, or a removal order issued pursuant to Article 14;
2023/07/28
Committee: LIBE
Amendment 1381 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c
(c) blocking the account of, or suspending or terminating the provision of the service to, the user concerndeleted;
2023/07/28
Committee: LIBE
Amendment 1385 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2
As regards the first subparagraph, point (a), the provider may also preserve the information for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose.deleted
2023/07/28
Committee: LIBE
Amendment 1388 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Providers shall preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal or disabling of access, whichever occurs first.
2023/07/28
Committee: LIBE
Amendment 1392 #
Proposal for a regulation
Article 24 – paragraph 3
3. The provider shall mandate its legal representatives to be addressed in addition to or instead of the provider by the Coordinating Authorities, other competent authorities of the Member States and the Commission on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation, including detection orders, removal orders and blocking orders.
2023/07/28
Committee: LIBE
Amendment 1396 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. The Coordinating Authority shall also be responsible for the coordination and adaptation of prevention techniques, elaborated by the EU Centre. The Coordinating Authority shall issue recommendations and good practices on improving digital skills and competences, including media literacy, amongst the population through the realization of awareness campaigns on a national level, targeting in particular parents and children on the detection and prevention of child sexual abuse online.
2023/07/28
Committee: LIBE
Amendment 1399 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters including issues related to prevention, education and awareness raising and the organisation of regular training activities for officials, including in law enforcement authorities who deal with cases which involve children and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union.
2023/07/28
Committee: LIBE
Amendment 1405 #
Proposal for a regulation
Article 25 – paragraph 7 – point a
(a) provide certain information or technical expertise on matters covered by this Regulation;n matters covered by this Regulation, including knowledge and expertise on appropriate prevention techniques against online solicitation of children and the dissemination of CSAM online.
2023/07/28
Committee: LIBE
Amendment 1410 #
Proposal for a regulation
Article 25 – paragraph 7 – point c
(c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blockingremoval order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;
2023/07/28
Committee: LIBE
Amendment 1414 #
Proposal for a regulation
Article 25 – paragraph 7 – point d
(d) verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority.
2023/07/28
Committee: LIBE
Amendment 1429 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information within a reasonable time period;deleted
2023/07/28
Committee: LIBE
Amendment 1431 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) the power to carry out on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium;deleted
2023/07/28
Committee: LIBE
Amendment 1433 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
(c) the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers;deleted
2023/07/28
Committee: LIBE
Amendment 1436 #
Proposal for a regulation
Article 27 – paragraph 1 – point d
(d) the power to request information from the service provider, including to assess whether the measures taken to execute a detection order, removal order or blockingremoval order comply with the requirements of this Regulation.
2023/07/28
Committee: LIBE
Amendment 1437 #
Proposal for a regulation
Article 27 – paragraph 2
2. Member States may grant additional investigative powers to the Coordinating Authorities.deleted
2023/07/28
Committee: LIBE
Amendment 1439 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the power to accept the commitments offered by those providers in relation to their compliance with this Regulation and to make those commitments binding;deleted
2023/07/28
Committee: LIBE
Amendment 1440 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) the power to order the cessation of infringements of this Regulation and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end;
2023/07/28
Committee: LIBE
Amendment 1442 #
Proposal for a regulation
Article 28 – paragraph 1 – point c
(c) the power to impose fines, or request a judicial authority in their Member State to do so, in accordance with Article 35 for infringements of this Regulation, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph;
2023/07/28
Committee: LIBE
Amendment 1445 #
Proposal for a regulation
Article 28 – paragraph 2
2. Member States may grant additional enforcement powers to the Coordinating Authorities.deleted
2023/07/28
Committee: LIBE
Amendment 1446 #
Proposal for a regulation
Article 28 – paragraph 3
3. As regards paragraph 1, points (c) and (d), Coordinating Authorities shall have the enforcement powers set out in those points also in respect of the other persons referred to in Article 27, for failure to comply with any of the orders issued to them pursuant to that Article.deleted
2023/07/28
Committee: LIBE
Amendment 1447 #
Proposal for a regulation
Article 28 – paragraph 4
4. They shall only exercise those enforcement powers after having provided those other persons in good time with all relevant information relating to such orders, including the applicable time period, the fines or periodic payments that may be imposed for failure to comply and redress possibilities.deleted
2023/07/28
Committee: LIBE
Amendment 1448 #
Proposal for a regulation
Article 29
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1456 #
Proposal for a regulation
Article 30 – paragraph 1
1. The measures taken by the Coordinating Authorities in the exercise of their investigatory and enforcement powers referred to in Articles 27, 28 and 298 shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement of this Regulation or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of relevant information society services concerned, where applicable.
2023/07/28
Committee: LIBE
Amendment 1458 #
Proposal for a regulation
Article 30 – paragraph 2
2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 298 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected.
2023/07/28
Committee: LIBE
Amendment 1460 #
Proposal for a regulation
Article 31 – paragraph 1
Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known or new child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) and (b), where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation.
2023/07/28
Committee: LIBE
Amendment 1462 #
Proposal for a regulation
Article 32 – paragraph 1
Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them of the presence on their servicein accordance with Article 33 of the presence on their service and any other hosting service provider of one or more specific items of known child sexual abuse material and to request them to remove or disable access to that item or those items, for the providers’ voluntary consideration.
2023/07/28
Committee: LIBE
Amendment 1465 #
Proposal for a regulation
Article 34 – paragraph 1
1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State where the user resides or is establishedof choice.
2023/07/28
Committee: LIBE
Amendment 1473 #
Proposal for a regulation
Article 35 – paragraph 3
3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 13% of the annual income or global turnover of the preceding business year of the provider or the other person referred to in Article 27.
2023/07/28
Committee: LIBE
Amendment 1475 #
Proposal for a regulation
Article 35 – paragraph 4
4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider or the other person referred to in Article 27 in the preceding financial year per day, calculated from the date specified in the decision concerned.
2023/07/28
Committee: LIBE
Amendment 1483 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a
(a) specific items of material and transcripts of conversations that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material or the solicitation of children, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3);
2023/07/28
Committee: LIBE
Amendment 1486 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b
(b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3).as applicable, for the EU Centre
2023/07/28
Committee: LIBE
Amendment 1489 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, the transcripts of conversations identified as the solicitation of children, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph.
2023/07/28
Committee: LIBE
Amendment 1495 #
Proposal for a regulation
Article 36 – paragraph 4
4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material or the solicitation of children, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within the time periods specified in the first subparagraph.
2023/07/28
Committee: LIBE
Amendment 1497 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
Where the Commission has reasons to suspect that a provider of relevant information society services infringed this Regulation in a manner involving at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.deleted
2023/07/28
Committee: LIBE
Amendment 1500 #
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
2. The request or recommendation referred to in paragraph 1 shall at least indicate:
2023/07/28
Committee: LIBE
Amendment 1501 #
Proposal for a regulation
Article 37 – paragraph 2 – point b
(b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Coordinating Authority that sent the request, or the Commission suspects, that the provider infringed this Regulation;
2023/07/28
Committee: LIBE
Amendment 1502 #
Proposal for a regulation
Article 37 – paragraph 2 – point c
(c) any other information that the Coordinating Authority that sent the request, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative and suggestions for specific investigatory or enforcement measures to be taken. considers relevant;
2023/07/28
Committee: LIBE
Amendment 1505 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request or recommendation referred to in paragraph 1.
2023/07/28
Committee: LIBE
Amendment 1506 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 2
Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request or recommendation and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.
2023/07/28
Committee: LIBE
Amendment 1508 #
Proposal for a regulation
Article 37 – paragraph 4
4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, or the Commission, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, an explanation of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.
2023/07/28
Committee: LIBE
Amendment 1513 #
Proposal for a regulation
Article 38 – paragraph 2
2. The participating Coordinating Authorities shall make the results of the joint investigations available to other Coordinating Authorities, the Commission and the EU Centre, through the system established in accordance with Article 39(2), for the fulfilment of their respective tasks under this Regulation.
2023/07/28
Committee: LIBE
Amendment 1516 #
Proposal for a regulation
Article 39 – paragraph 1
1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.
2023/07/28
Committee: LIBE
Amendment 1520 #
Proposal for a regulation
Article 39 – paragraph 2
2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services.
2023/07/28
Committee: LIBE
Amendment 1524 #
Proposal for a regulation
Article 39 – paragraph 3
3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information- sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.
2023/07/28
Committee: LIBE
Amendment 1532 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
1a. The EU Center must be completely independent from Europol.
2023/07/28
Committee: LIBE
Amendment 1536 #
Proposal for a regulation
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objectives of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, and removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, educational materials, good practices and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
2023/07/28
Committee: LIBE
Amendment 1543 #
Proposal for a regulation
Article 42 – paragraph 1
The seat of the EU Centre shall be The Hague, The Netherlandsin Bratislava, Slovakia.
2023/07/28
Committee: LIBE
Amendment 1549 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a
(a) supporting the Commission in the preparation ofpreparing the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66;
2023/07/28
Committee: LIBE
Amendment 1551 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b
(b) upon request from a provider of relevant information services, providing an analysis of anonymised data samples for the purpose referred to in Article 3(3);deleted
2023/07/28
Committee: LIBE
Amendment 1554 #
Proposal for a regulation
Article 43 – paragraph 1 – point 2
(2) facilitate the detection process referred to in Section 2 of Chapter II, by: (a) providing the opinions on intended detection orders referred to in Article 7(3), first subparagraph, point (d); (b) maintaining and operating the databases of indicators referred to in Article 44; (c) giving providers of hosting services and providers of interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; (d) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1);deleted
2023/07/28
Committee: LIBE
Amendment 1558 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – introductory part
(4) facilitate the removal process referred to in Section 4 of Chapter II and the other processes referred to in Section 5 and 6 of that Chapter, by:
2023/07/28
Committee: LIBE
Amendment 1561 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b
(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);deleted
2023/07/28
Committee: LIBE
Amendment 1563 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c
(c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3);deleted
2023/07/28
Committee: LIBE
Amendment 1566 #
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point d
(d) providing information and support to victimsurvivors in accordance with Articles 20 and 21;
2023/07/28
Committee: LIBE
Amendment 1568 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – introductory part
(5) support the Coordinating Authorities and the Commission in the performance of their tasks under this Regulation and facilitate cooperation, coordination and communication in connection to matters covered by this Regulation, by:
2023/07/28
Committee: LIBE
Amendment 1569 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point c
(c) assisting the Commission, upon its request, in connection to its tasks under the cooperation mechanism referred to in Article 37;deleted
2023/07/28
Committee: LIBE
Amendment 1570 #
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point e
(e) assisting the Commission in the preparation of the delegated and implementing acts and the guidelines that the Commission adopts under this Regulation;
2023/07/28
Committee: LIBE
Amendment 1576 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of research and expertise on those matters and on assistance to victimsurvivors, including by serving as a hub of expertise to support evidence-based policy;
2023/07/28
Committee: LIBE
Amendment 1598 #
Proposal for a regulation
Article 44
1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of online child sexual abuse: (a) indicators to detect the dissemination of child sexual abuse material previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); (b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); (c) indicators to detect the solicitation of children. 2. The databases of indicators shall solely contain: (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; (b) as regards paragraph 1, point (a), the relevant indicators shall include a list of uniform resource locators compiled by the EU Centre in accordance with paragraph 3; (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of the dissemination of known and new child sexual abuse material and language identifiers for the detection of solicitation of children. 3. The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material and the solicitation of children identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). The EU Centre shall compile the list of uniform resource locators referred to in paragraph 2, point (b), solely on the basis of the uniform resource locators submitted to it pursuant to Article 36(1), point (b). 4. The EU Centre shall keep records of the submissions and of the process applied to generate the indicators and compile the list referred to in the first and second subparagraphs. It shall keep those records for as long as the indicators, including the uniform resource locators, to which they correspond are contained in the databases of indicators referred to in paragraph 1.Article 44 deleted Databases of indicators
2023/07/28
Committee: LIBE
Amendment 1625 #
Proposal for a regulation
Article 45 – paragraph 2 – point c
(c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis;
2023/07/28
Committee: LIBE
Amendment 1628 #
Proposal for a regulation
Article 45 – paragraph 2 – point e
(e) where available, information indicating that the provider that submitted a report concerning the dissemination of known or new child sexual abuse material removed or disabled access to the material;
2023/07/28
Committee: LIBE
Amendment 1630 #
Proposal for a regulation
Article 45 – paragraph 2 – point g
(g) relevant indicators and ancillary tags associated with the reported potential child sexual abuse material.deleted
2023/07/28
Committee: LIBE
Amendment 1632 #
Proposal for a regulation
Article 46 – paragraph 1
1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director shall have access to and be entitled to process the data contained in the databases referred to in Articles 44 and 45.
2023/07/28
Committee: LIBE
Amendment 1633 #
Proposal for a regulation
Article 46 – paragraph 2
2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.deleted
2023/07/28
Committee: LIBE
Amendment 1638 #
Proposal for a regulation
Article 46 – paragraph 3
3. The EU Centre shall give Coordinating Authorities access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks under this Regulation.deleted
2023/07/28
Committee: LIBE
Amendment 1639 #
Proposal for a regulation
Article 46 – paragraph 4
4. The EU Centre shall give Europol and the competent law enforcement authorities of the Member States access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks of investigating suspected child sexual abuse offences.deleted
2023/07/28
Committee: LIBE
Amendment 1643 #
Proposal for a regulation
Article 46 – paragraph 5
5. The EU Centre shall give Europol access to the databases of reports referred to in Article 45, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offencesdeleted
2023/07/28
Committee: LIBE
Amendment 1645 #
Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 1
The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 and 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable.
2023/07/28
Committee: LIBE
Amendment 1651 #
Proposal for a regulation
Article 46 – paragraph 7
7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection and blocking in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met.. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data.
2023/07/28
Committee: LIBE
Amendment 1654 #
Proposal for a regulation
Article 46 – paragraph 8
8. The EU Centre shall ensure that the data contained in the databases referred to in Articles 44 and 45 is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary.
2023/07/28
Committee: LIBE
Amendment 1655 #
Proposal for a regulation
Article 46 a (new)
Article46a Logging 1. The EU Centre, the Coordinating Authorities and competent authorities shall provide for logs to be kept for at least the following processing operations, in relation to tasks performed on the basis of this Regulation: collection, alteration, consultation, disclosure including transfers, combination and erasure. 2. The logs of consultation and disclosure shall make possible to establish the justification, date and time of such operations and, as far as possible, the identification of the person who consulted or disclosed the data, and the identity of the recipients of such data. 3. The logs shall be used solely for verification of the lawfulness of processing, self-monitoring, ensuring the integrity and security of the personal data, and for criminal proceedings. 4. The EU Centre, the Coordinating Authorities and competent authorities shall make the logs available to the relevant data protection supervisory authority on request.
2023/07/28
Committee: LIBE
Amendment 1656 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
(a) the types, precise content, set-up and operation of the databases of indicators referred to in Article 44(1), including the indicators and the necessary additional information to be contained therein referred to in Article 44(2);deleted
2023/07/28
Committee: LIBE
Amendment 1657 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
(b) the processing of the submissions by Coordinating Authorities, the generation of the indicators, the compilation of the list of uniform resource locators and the record-keeping, referred to in Article 44(3);deleted
2023/07/28
Committee: LIBE
Amendment 1661 #
Proposal for a regulation
Article 47 – paragraph 1 – point d
(d) access to the databases referred to in Articles 44 and 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6);
2023/07/28
Committee: LIBE
Amendment 1662 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
(e) the regular verifications and audits to ensure that the data contained in thoseis databases is complete, accurate and up-to- date referred to in Article 46(7) and the security of the storage of the data, including the technical and organisational safeguards and regular review referred to in Article 46(8).
2023/07/28
Committee: LIBE
Amendment 1672 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1
Where the EU Centre considers that a report is not manifestly unfounded, it shallmay forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it, to Europol and to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates.
2023/07/28
Committee: LIBE
Amendment 1674 #
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2
Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shallmay forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. The report submitted to Europol shall only contain information necessary for the purpose of identifying the competent law enforcement authority.
2023/07/28
Committee: LIBE
Amendment 1676 #
Proposal for a regulation
Article 48 – paragraph 6 – introductory part
6. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offencesit is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State, the EU Centre shall:
2023/07/28
Committee: LIBE
Amendment 1678 #
Proposal for a regulation
Article 48 – paragraph 7
7. The time periods referred to in the first subparagraph of paragraph 6, points (a) and (b), shall be those specified in the competent law enforcement authority’s request to the EU Centre, provided that they. These time periods shall remain limited to what is necessary to avoid interferenceand proportionate in a democratic society with thdue relevant activities and doesgard to the fundamental rights and legitimate interests of the natural persons concerned and in any caseshall not exceed 184 months.
2023/07/28
Committee: LIBE
Amendment 1679 #
Proposal for a regulation
Article 48 – paragraph 8
8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed or disabled access to the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove or disable access to the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof.
2023/07/28
Committee: LIBE
Amendment 1685 #
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations:
2023/07/28
Committee: LIBE
Amendment 1688 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
(a) where so requested to support a victimsurvivor by verifying whether the provider of hosting services removed or disabled access to one or more specific items of known child sexual abuse material depicting the victimsurvivor, in accordance with Article 21(4), point (c);
2023/07/28
Committee: LIBE
Amendment 1689 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
(b) where so requested to assist a Coordinating Authority by verifying the possible need for the issuance of a detection order or a removal order in respect of a specific service or the effectiveness of a detection order or a removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively.
2023/07/28
Committee: LIBE
Amendment 1692 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove or disable access to that item or those items, for the providers’ voluntary consideration.
2023/07/28
Committee: LIBE
Amendment 1693 #
Proposal for a regulation
Article 49 – paragraph 3
3. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall not submit a notice, for as long as necessary to avoid such interference butit is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State the EU Centre shall not submit a notice. This non-submission shall be timely limited to what is necessary and proportionate in a democratic society with due regard for the fundamental rights and legitimate interests of the natural persons concerned and in any case not longer than 184 months.
2023/07/28
Committee: LIBE
Amendment 1694 #
Proposal for a regulation
Article 50 – title
Technologies, iInformation and expertise
2023/07/28
Committee: LIBE
Amendment 1695 #
Proposal for a regulation
Article 50 – paragraph 1
1. The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2). Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay.deleted
2023/07/28
Committee: LIBE
Amendment 1708 #
Proposal for a regulation
Article 50 – paragraph 2 – point a
(a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blockingreporting and removal of online child sexual abuse;
2023/07/28
Committee: LIBE
Amendment 1713 #
Proposal for a regulation
Article 50 – paragraph 3
3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. The EU Centre shall support Member States and the Coordinating Authorities in conducting research, taking into account national specificities. The collected knowledge shall serve as a tool to elaborate prevention methods adapted and implemented by Coordinating Authorities in each Member State.
2023/07/28
Committee: LIBE
Amendment 1718 #
Proposal for a regulation
Article 50 – paragraph 5
5. The EU Centre shall develop a communication strategy and promote dialoguliase with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse.
2023/07/28
Committee: LIBE
Amendment 1720 #
Proposal for a regulation
Article 51 – paragraph 2 – point a
(a) providing the opinions on intended detection orders referred to in Article 7(3);deleted
2023/07/28
Committee: LIBE
Amendment 1722 #
Proposal for a regulation
Article 51 – paragraph 2 – point b
(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);deleted
2023/07/28
Committee: LIBE
Amendment 1724 #
Proposal for a regulation
Article 51 – paragraph 2 – point c
(c) receiving and processing blocking orders transmitted to it pursuant to Article 17(3);deleted
2023/07/28
Committee: LIBE
Amendment 1725 #
Proposal for a regulation
Article 51 – paragraph 2 – point d
(d) cooperating with Coordinating Authorities in accordance with Articles 20 and 21 on tasks related to victimsurvivors’ rights to information and assistance;
2023/07/28
Committee: LIBE
Amendment 1726 #
Proposal for a regulation
Article 51 – paragraph 2 – point h
(h) assisting the Commission, upon its request, in connection to its tasks under the cooperation mechanism referred to in Article 37;deleted
2023/07/28
Committee: LIBE
Amendment 1727 #
Proposal for a regulation
Article 51 – paragraph 2 – point i
(i) create, maintain and operate the databases of indicators referred to in Article 44;deleted
2023/07/28
Committee: LIBE
Amendment 1728 #
Proposal for a regulation
Article 51 – paragraph 2 – point k
(k) providing and monitoring access to the databases of indicators and of reports in accordance with Article 46;
2023/07/28
Committee: LIBE
Amendment 1731 #
Proposal for a regulation
Article 51 – paragraph 2 – point n
(n) cooperating with Europol and partner organisations in accordance with Articles 53 and 54, including on tasks related to the identification of victimsurvivors;
2023/07/28
Committee: LIBE
Amendment 1737 #
Proposal for a regulation
Article 52 – paragraph 2
2. Contact officers shall assist in the exchange of information between the EU Centre and the Coordinating Authorities that designated them. Where the EU Centre receives reports submitted in accordance with Article 12 concerning the potential dissemination of new child sexual abuse material or the potential solicitation of children, the contact officers designated by the competent Member State shall facilitate the process to determine the illegality of the material or conversation, in accordance with Article 36(1).
2023/07/28
Committee: LIBE
Amendment 1744 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Europol and the EU Centre shall provide each other with the fullest possible access to relevant information and information systems, where necessary for the performance of their respective tasks and in accordance with the acts of Union law regulating such access.
2023/07/28
Committee: LIBE
Amendment 1746 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Without prejudice to the responsibilities of the Executive Director, the EU Centre shall maximise efficiency by sharing administrative functions with Europol, including functions relating to personnel management, information technology (IT) and budget implementation.deleted
2023/07/28
Committee: LIBE
Amendment 1749 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
2a. Any transfer of personal data to Europol is governed by Regulation 2018/1725.
2023/07/28
Committee: LIBE
Amendment 1751 #
Proposal for a regulation
Article 53 – paragraph 3
3. The terms of cooperation andshall be laid down in a working arrangements shall be laid down, in a memccordandum of understandingce with Article 23 (4) Regulation 2016/794.
2023/07/28
Committee: LIBE
Amendment 1754 #
Proposal for a regulation
Article 54 – title
Cooperation with partnerexternal organisations
2023/07/28
Committee: LIBE
Amendment 1759 #
Proposal for a regulation
Article 54 – paragraph 2
2. The EU Centre may conclude memoranda of understanding with organisations referred to in paragraph 1, laying down the terms of cooperation.deleted
2023/07/28
Committee: LIBE
Amendment 1768 #
Proposal for a regulation
Article 56 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission, all as members with voting rights.
2023/07/28
Committee: LIBE
Amendment 1772 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2
EuropolThe EDPS may designate a representative to attend the meetings of the Management Board as an observer on matters involving Europol, at the request of the Chairperson of the Management Boardrelating to the protection of personal data.
2023/07/28
Committee: LIBE
Amendment 1773 #
Proposal for a regulation
Article 56 – paragraph 3
3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/herthe member’s absence.
2023/07/28
Committee: LIBE
Amendment 1782 #
Proposal for a regulation
Article 57 – paragraph 1 – point g
(g) adopt the opinions on intended detection orders referred to in Article 7(4), on the basis of a draft opinion provided by the Executive Director;deleted
2023/07/28
Committee: LIBE
Amendment 1784 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
The Deputy Chairperson shall automatically replace the Chairperson if he/she is prevented from attending to his/her dutieswhen necessary.
2023/07/28
Committee: LIBE
Amendment 1785 #
Proposal for a regulation
Article 60 – paragraph 2
2. Each member shall have one vote. In the absence of a member, his/ther alternate member shall be entitled to exercise his/ther right to vote.
2023/07/28
Committee: LIBE
Amendment 1788 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and twoone representatives of the Commission to the Management Board. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.
2023/07/28
Committee: LIBE
Amendment 1789 #
Proposal for a regulation
Article 62 – paragraph 2 – point j
(j) appoint an Accounting Officer, who may be the Commission's Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of other servants, who shall be totally independent in the performance of his/herthe Officer’s duties;
2023/07/28
Committee: LIBE
Amendment 1791 #
Proposal for a regulation
Article 64 – paragraph 2
2. The Executive Director shall report to the European Parliament on the performance of his/herthe Executive Director’s duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/herthe Executive Director’s duties.
2023/07/28
Committee: LIBE
Amendment 1797 #
Proposal for a regulation
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical experts, in particular privacy and data protection experts appointed by the Management Board in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.
2023/07/28
Committee: LIBE
Amendment 1799 #
Proposal for a regulation
Article 66 – paragraph 1 a (new)
1a. The Technology Committee shall have equal representation in terms of gender.
2023/07/28
Committee: LIBE
Amendment 1801 #
Proposal for a regulation
Article 66 – paragraph 6 – point a
(a) contribute to the EU Centre’s opinions referred to in Article 7(3), first subparagraph, point (d);deleted
2023/07/28
Committee: LIBE
Amendment 1802 #
Proposal for a regulation
Article 66 – paragraph 6 – point b
(b) contribute to the EU Centre’s assistance to the Coordinating Authorities, the Management Board, the Executive Board and the Executive Director, in respect of matters related to the use of technology and data protection;
2023/07/28
Committee: LIBE
Amendment 1803 #
Proposal for a regulation
Article 66 – paragraph 6 – point c
(c) provide internally, upon request, expertise on matters related to the use of technology and data protection for the purposes of prevention and detection of child sexual abuse online.
2023/07/28
Committee: LIBE
Amendment 1811 #
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. Providers of hosting services, providers of interpersonal communications services and providers of internet access services shall collect data on the following topics and make that information available to the EU Centre upon request:
2023/07/28
Committee: LIBE
Amendment 1812 #
Proposal for a regulation
Article 83 – paragraph 1 – point a
(a) where the provider has been subject to a detection order issued in accordance with Article 7: — the measures taken to comply with the order, including the technologies used for that purpose and the safeguards provided; — the error rates of the technologies deployed to detect online child sexual abuse and measures taken to prevent or remedy any errors; — in relation to complaints and cases submitted by users in connection to the measures taken to comply with the order, the number of complaints submitted directly to the provider, the number of cases brought before a judicial authority, the basis for those complaints and cases, the decisions taken in respect of those complaints and in those cases, the average time needed for taking those decisions and the number of instances where those decisions were subsequently reversed;deleted
2023/07/28
Committee: LIBE
Amendment 1818 #
Proposal for a regulation
Article 83 – paragraph 1 – point b
(b) the number of removal orders issued to the provider in accordance with Article 14 and the average time needed for removing or disabling access to the item or items of child sexual abuse material in question;
2023/07/28
Committee: LIBE
Amendment 1821 #
Proposal for a regulation
Article 83 – paragraph 1 – point c
(c) the total number of items of child sexual abuse material that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;
2023/07/28
Committee: LIBE
Amendment 1824 #
Proposal for a regulation
Article 83 – paragraph 1 – point d
(d) the number of blocking orders issued to the provider in accordance with Article 16;deleted
2023/07/28
Committee: LIBE
Amendment 1826 #
Proposal for a regulation
Article 83 – paragraph 1 – point e
(e) the number of instances in which the provider invoked Article 8(3), Article 14(5) or (6) or Article 17(5),14(5) or (6) together with the grounds therefor;
2023/07/28
Committee: LIBE
Amendment 1833 #
Proposal for a regulation
Article 83 – paragraph 2 – point a – indent 2
– where the report led to the launch of a criminal investigation or contributed to an ongoing investigation, the state of play or outcome of the investigation, including whether the case was closed at pre-trial stage, whether the case led to the imposition of penalties, whether victimsurvivors were identified and rescued and if so their numbers differentiating by gender and age, and whether any suspects were arrested and any perpetrators were convicted and if so their numbers;
2023/07/28
Committee: LIBE
Amendment 1834 #
Proposal for a regulation
Article 83 – paragraph 2 – point b
(b) the most important and recurrent risks of online child sexual abuse, as reported by providers of hosting services and providers of interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;deleted
2023/07/28
Committee: LIBE
Amendment 1838 #
Proposal for a regulation
Article 83 – paragraph 2 – point c
(c) a list of the providers of hosting services and providers of interpersonal communications services to which the Coordinating Authority addressed a detection order in accordance with Article 7;deleted
2023/07/28
Committee: LIBE
Amendment 1842 #
Proposal for a regulation
Article 83 – paragraph 2 – point d
(d) the number of detection orders issued in accordance with Article 7, broken down by provider and by type of online child sexual abuse, and the number of instances in which the provider invoked Article 8(3);deleted
2023/07/28
Committee: LIBE
Amendment 1844 #
Proposal for a regulation
Article 83 – paragraph 2 – point f
(f) the number of removal orders issued in accordance with Article 14, broken down by provider, the time needed to remove or disable access to the item or items of child sexual abuse material concerned, and the number of instances in which the provider invoked Article 14(5) and (6);
2023/07/28
Committee: LIBE
Amendment 1848 #
Proposal for a regulation
Article 83 – paragraph 2 – point g
(g) the number of blocking orders issued in accordance with Article 16, broken down by provider, and the number of instances in which the provider invoked Article 17(5);deleted
2023/07/28
Committee: LIBE
Amendment 1849 #
Proposal for a regulation
Article 83 – paragraph 2 – point i
(i) the instances in which the opinion of the EU Centre pursuant to Article 7(4)(d) substantially deviated from the opinion of the Coordinating Authority, specifying the points at which it deviated and the main reasons for the deviation.deleted
2023/07/28
Committee: LIBE
Amendment 1851 #
Proposal for a regulation
Article 83 – paragraph 3 – introductory part
3. The EU Centre shall collect data and generate statistics on the detection, reporting, and removal of or disabling of access to online child sexual abuse under this Regulation. The data shall be in particular on the following topics:
2023/07/28
Committee: LIBE
Amendment 1854 #
Proposal for a regulation
Article 83 – paragraph 3 – point a
(a) the number of indicators in the databases of indicators referred to in Article 44 and the development of that number as compared to previous years;deleted
2023/07/28
Committee: LIBE
Amendment 1856 #
Proposal for a regulation
Article 83 – paragraph 3 – point b
(b) the number of submissions of child sexual abuse material and solicitation of children referred to in Article 36(1), broken down by Member State that designated the submitting Coordinating Authorities, and, in the case of child sexual abuse material, the number of indicators generated on the basis thereof and the number of uniform resource locators included in the list of uniform resource locators in accordance with Article 44(3);
2023/07/28
Committee: LIBE
Amendment 1863 #
Proposal for a regulation
Article 83 – paragraph 3 – point d
(d) the online child sexual abuse to which the reports relate, including the number of items of potential known and new child sexual abuse material and instances of potential solicitation of children, the Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3), and type of relevant information society service that the reporting provider offers;
2023/07/28
Committee: LIBE
Amendment 1865 #
Proposal for a regulation
Article 83 – paragraph 3 – point f
(f) the number of reports relating to potential new child sexual abuse material and solicitation of children that were assessed as not constituting child sexual abuse material of which the EU Centre was informed pursuant to Article 36(3), broken down by Member State;deleted
2023/07/28
Committee: LIBE
Amendment 1867 #
Proposal for a regulation
Article 83 – paragraph 3 – point g
(g) the results of the searches in accordance with Article 49(1), including the number of images, videos and URLs by Member State where the material is hosted;deleted
2023/07/28
Committee: LIBE
Amendment 1870 #
Proposal for a regulation
Article 83 – paragraph 3 – point j
(j) number of victimsurvivors of online child sexual abuse assisted by the EU Centre pursuant to Article 21(2), and the number of these victimsurvivors that requested to receive such assistance in a manner accessible to them due to disabilities.
2023/07/28
Committee: LIBE
Amendment 1875 #
Proposal for a regulation
Article 83 – paragraph 4
4. The providers of hosting services, and providers of interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.
2023/07/28
Committee: LIBE
Amendment 1880 #
Proposal for a regulation
Article 84 – paragraph 5
5. The annual transparency reports referred to in paragraphs 1, 2 and 3 shall not include any information that may prejudice ongoing activities for the assistance to victimsurvivors or the prevention, detection, investigation or prosecution of child sexual abuse offences. They shall also not contain any personal data.
2023/07/28
Committee: LIBE
Amendment 1881 #
Proposal for a regulation
Article 85 – paragraph 1
1. By [fivetwo years after the entry into force of this Regulation], and every fivetwo years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council.
2023/07/28
Committee: LIBE
Amendment 1882 #
Proposal for a regulation
Article 85 – paragraph 2
2. By [fivetwo years after the entry into force of this Regulation], and every fivetwo years thereafter, the Commission shall ensure that an evaluation in accordance with Commission guidelines of the EU Centre’s performance in relation to its objectives, mandate, tasks and governance and location is carried out. The evaluation shall, in particular, address the possible need to modify the tasks of the EU Centre, and the financial implications of any such modificationimpact on fundamental rights, in particular Article 7 and 8 of the Charter.
2023/07/28
Committee: LIBE
Amendment 1884 #
Proposal for a regulation
Article 89 – paragraph 2
It shall apply from 618 months after its entry into force.
2023/07/28
Committee: LIBE