Europaudvalget 2024
KOM (2024) 0060
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EUROPEAN COMMISSION
20.01.2023
SEC(2024)
57
REGULATORY SCRUTINY BOARD OPINION
Revision of Directive 2011/93/EU on combating child sexual abuse
{COM(2024)
60}
{SWD(2024)
32-34}
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EUROPEAN COMMISSION
Regulatory Scrutiny Board
Brussels,
RSB/
Opinion
Title: Impact assessment / Revision of Directive 2011/93/EU on
combating child sexual abuse
Overall opinion: POSITIVE WITH RESERVATIONS
(A) Policy context
Child sexual abuse (CSA) is a serious crime with severe, life-long consequences for
victims. The EU Directive on combating child sexual abuse contains provisions
harmonising substantive criminal law definitions and criminal offences covering both
offline and online acts. It also contains provisions on prevention, investigation and
prosecution of offences, as well as assistance to and protection of victims.
The back-to-back evaluation as well as implementation reports and infringement
proceedings launched by the European Commission in 2019 against 23 Member States
indicate that the Directive may no longer be fit for purpose. The revision aims at updating
the EU rules to improve the identification, protection and support of victims of child sexual
abuse, ensure effective prevention, and facilitate investigations and prosecution. It
complements the 2022 Commission proposal for a Regulation on preventing and
combating CSA.
(B) Summary of findings
The Board notes the additional information provided and commitments to make
changes to the report.
However, the report still contains significant shortcomings. The Board gives a
positive opinion with reservations because it expects the lead DG to rectify the
following aspects:
(1) The report does not factor the expected effects of the CSA Regulation proposal
sufficiently into the dynamic baseline nor the cost benefit analysis.
(2) The subsidiarity assessment does not sufficiently demonstrate the need for
“independent institutions to promote children rights”.
________________________________
This opinion concerns a draft impact assessment which may differ from the final version.
Commission européenne, B-1049 Bruxelles - Belgium. Office: BERL 08/11. E-mail: [email protected]
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(C) What to improve
(1) The dynamic baseline should include all measures relevant to this initiative, in
particular the CSA Regulation. Given the close interlinkage between the CSA Directive
and CSA Regulation, the report should clearly set out how the expected effects from the
CSA Regulation proposal have been reflected in the dynamic baseline scenario (and under
which time frame) and factor them into the assessment of impacts. It should clarify how
the estimated annual baseline victim costs of EUR 13.8 billion take into account the
improvements expected from the CSA Regulation proposal. The same should be done
when estimating the benefits of the options.
(2) The report should provide more details on the analytical methods and underlying
assumptions. In particular, it should further explain the methodology of the extrapolation
of non-EU data to the EU and better justify the assumption of the 25% (and 50% in the
long run) reduction of the current costs of CSA as a result of this initiative.
(3) The report should provide more detail on the proposed measure of “independent
institutions to promote children rights” and also explain the difference between this and the
creation of “Anti-Child Sexual Abuse Coordinators”. It should better argue the necessity of
independent institutions and explain how this measure would comply with the principle of
subsidiarity. This assessment should set out clearly the views of Member States regarding
the need for this harmonisation element, given the diversity of situations across Member
States.
(4) The report should clearly explain the logic of the policy options and specify that they
have an incremental character, while also explaining their individual limits. It should set
out clearly the underlying trade-offs that frame the context for the policy options. An
overview of the policy options in function of each specific policy objective should be
provided. Furthermore, the report should clarify whether Policy options A and B are
genuine alternatives and how their measures are to improve prevention. More generally,
the options should consider synergies and take advantage of measures introduced in the
CSA Regulation proposal.
(5) The views of different stakeholder categories, including those of competent Member
States authorities, should be systematically reported throughout the report and account
taken of consultation feedback and targeted interviews. The report should clarify
stakeholders’ expressed preferences on the policy options including dissenting views.
The Board notes the estimated costs and benefits of the preferred option(s) in this
initiative, as summarised in the attached quantification tables.
Some more technical comments have been sent directly to the author DG.
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(D) Conclusion
The DG must take these recommendations into account before launching the
interservice consultation.
Full title
Commission proposal to review the Directive 2011/93 on
combating the sexual abuse and sexual exploitation of children
and child pornography
PLAN/2021/10693
13 December 2022
18 January 2023
Reference number
Submitted to RSB on
Date of RSB meeting
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ANNEX – Quantification tables extracted from the draft impact assessment report
The following tables contain information on the costs and benefits of the initiative on
which the Board has given its opinion, as presented above.
If the draft report has been revised in line with the Board’s recommendations, the content
of these tables may be different from those in the final version of the impact assessment
report, as published by the Commission.
I. Overview of Benefits (total for all provisions) – Preferred Option
Description
Amount
Direct benefits
Measures to improve
prosecution and
investigation of CSA and
level of coherence of EU
rules across Member States
Comments
No data is available. It is not possible to provide This effort will ensure the Directive is
quantified estimates for the direct benefits
future-proof and includes new trends and
brought about by criminalisation
phenomena concerning serious child sexual
abuse offences not currently covered by EU
legislation. Ambiguity in existing legal
provisions, including the criminalisation of
possession of CSAM in the context of
reporting and on statute of limitations will
be removed, making it easier for victims to
be safeguarded from abuse and to extend
the possibility for restitution for crimes
committed against them.
Law enforcement will be enabled to make
the fullest possible use of existing tools at
their disposal, facilitating investigations
and prosecutions, including into the online
dimension of these crimes. Policy measures
relating to cross-border cooperation will
enhance coordination among law
enforcement, and judicial authorities, and
between
Measures aimed at strengthening the
criminalisation of child sexual abuse and
exploitation and increasing the level of
harmonisation of EU rules across Member
States will provide a stronger legal basis of
the law enforcement and judicial response
and as a result will reduce the incidence of
the crime and number of victims, as well as
the risks posed by perpetrators to children.
Introducing an obligation in
the Directive for Member
States to collect and report
data on child sexual abuse
and exploitation to the
Commission every year
Approximate administrative cost of yearly data
gathering and submission of statistics by
national authorities is of EUR 2 399 738.
This measure is aimed at improving the
collection of convictions related to CSAE
crimes and monitoring of CSAE-related
trends and threats. As a result, this will
increase knowledge on child sexual abuse
and exploitation supporting better informed
and targeted policies and possible future
funding and collaborative efforts. The
yearly-data collection will contribute to
more accurate and up-to-date reporting.
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Indirect benefits
Strengthen the fight against
child sexual abuse and
exploitation in the EU
Conservative estimates of costs of CSAE for one
year in the EU are approximately EUR 13.8
billion. This covers healthcare costs,
productivity losses, child welfare costs,
violence/crime costs, and special education.
The effects of CSA extend beyond the
immediate act of harm and include risks for
development of severe mental, physical and
behavioural health disorders across victims’
lives. Children who are already victims of
sexual abuse are at higher risk of
subsequent victimisation and criminal
offending.
These measures will allow for a more
comprehensive and coordinated response
within and across EU Member States and
swifter identification and safeguarding of
child victims from all forms of child sexual
abuse and exploitation. It is also expected
that victims will have swifter access to
more tailored care and support for both
themselves and their families and a more
efficient judicial response.
This will in turn decrease the cost of the
loss of quality of life for victims and have
an overall positive social impact including
by increasing security and trust in
authorities and lessening the need for
parental and/or self-protection measures.
Decrease in the demand for
child sexual abuse brought
about by effective
prevention measures.
The implementation of prevention programs for
offenders and programs that raise awareness and
provide training on child sexual abuse has been
sporadic throughout the EU Member States. No
data is available to estimate the cost of setting up
and running different categories of prevention
interventions as well as the overall efficacy for
prevention initiatives.
The gathering or relevant statistical data is
already set out above.
Availability and delivery of rigorously
evaluated and effective prevention
programmes for offenders and persons who
fear they might offend, will in the longer
term decrease the demand for child sexual
abuse material and fresh abuse.
Prevention programs targeting awareness
raising of carers, persons in regular contact
with children and children themselves will
help children and their carers to avoid
and/or mitigate risky situations, decreasing
instances of child sexual abuse.
Obligations for regular data collection will
support in the longer-term evidence based
policy making, including putting in place
effective preventative and deterrence
mechanisms to decrease the prevalence of
child sexual abuse.
Annual benefits from reduction of crime.
Savings on administrative costs for public
authorities, in particular through the
anticipated compliance with harmonised
law across Member States (the Proposed
Violence against Women Directive and the
Proposed Regulation to Prevent and
Combat Child Sexual Abuse.
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Assistance to victims –
support programmes and
access to compensation
Victims of child sexual abuse who seek support
within the EU Member States are treated within
the general physical and psychosocial healthcare
systems and there are no statistics on the types,
and duration of treatments and associated costs.
However from studies carried out in the US we
can infer that
Annual benefits from reduction of impact
of crime on victims’ long-term wellbeing.
Savings on administrative costs for public
authorities, in particular through the
anticipated compliance with harmonised
law across Member States (the Proposed
Violence against Women Directive and the
Proposed Regulation to Prevent and
Combat Child Sexual Abuse.
Administrative cost savings related to the ‘one in, one out’ approach*
The preferred option would
generally contribute to
strengthening the fight
against child sexual abuse
and exploitation and
coordination across the EU
Member States. It will
reduce the costs incurred by
the crime for the society,
and in particular victims of
child sexual abuse and
decrease its prevalence.
N/A
N/A
II. Overview of costs – Preferred option
Citizens/Consumer
s
One-
off
Legislative adjustments
to clarify ambiguities
including:
Rules on offences
concerning CSAM
so that they apply
when CSAM
depicts a person
appearing to be a
child whose age
cannot be
determined;
b) Clarifying that
Direct
transmission of
N/A
adjustment costs
information on
convictions
between MSs is
possible even
without consent of
the person
concerned, if law
of transmitting
states allow it
c) Providing
exemptions from
criminalisation
when CSAM is
accessed or
a)
Recurrent
Businesses
One-off
Recurrent
Administrations
One-off
Recurrent
a)
Member
States
already
investiga
te,
prosecute
and
punish
offences
related to
CSAM
when the
material
clearly
depicts a
minor.
However
, this
broadeni
ng to
include
depiction
s of
persons
who may
appear to
be
children
may lead
6
N/A
N/A
N/A
Member
States would
have an
obligation to
explicitly
address the
legislative
adjustments
in their
legislation,
which will
require some
limited
adjustments
in national
law.
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downloaded for
reporting purposes
d) Non-
criminalisation of
consensual sharing,
possession or
production of
CSAM by children
over the age of
sexual consent
when material is
destined for private
use of those
children alone
e) Exemption from
criminalisation for
victims for
possession of
materials depicting
their abuse
f) Ensuring victims
have access to
national
compensation
schemes for
victims of crimes
g) Clarifying that
time-limit for
prosecution of
CSA related
offences cannot
start before victim
is 18 and upwards.
h) Ensuring
coherence with
other relevant EU
legislative
instruments
to a
possible
increase
in
numbers
of
investiga
tions and
prosecuti
ons. It is
difficult
to
estimate
in
concrete
terms the
extent of
such an
increase
if any.
Direct
administrative
costs
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Direct regulatory
N/A
fees and charges
Direct
enforcement
costs
Indirect costs
Legislative
Direct
amendments ensuring
adjustment cost
that the language and
definitions on CSA
related crimes are
future proof with
regards to potential new
technological
developments, trends
and threats.
N/A
N/A
N/A
N/A
Member
N/A
States would
have an
obligation to
explicitly
address the
legislative
adjustments
in their
legislation,
which will
require some
limited
adjustments
in national
law.
N/A
N/A
Direct
administrative
costs
N/A
N/A
N/A
N/A
Direct regulatory N/A
fees and charges
N/A
N/A
N/A
N/A
N/A
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Direct
enforcement
costs
Indirect costs
Introduction of
Direct
legislative amendments adjustment cost
to prevent CSAE
offences:
a) Clear benchmarks
to assess
effectiveness of
prevention
programmes;
b) Ensuring existence
of dedicated
prevention
programmes for
offenders inside
and outside prison;
c) Ensuring existence
of dedicated
prevention
programmes for
persons wo fear
they might commit
CSA related
offences;
d) Ensuring MSs can
introduce cross-
border
disqualifications
for sex offenders
from certain jobs
involving children;
e) Encourage
harmonisation of
national law on
transmission of
information on
previous offences
without consent of
person concerned
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Member
States would N/A
have an
obligation to
explicitly
address the
legislative
adjustments
in their
legislation,
which will
require some
limited
adjustments
in national
law.
Setting up of
clear criteria
by which to
assess the
effectiveness
of prevention
initiatives
carries a one-
off cost,
however this
benchmarkin
g exercise
should be
carried out at
the EU-level
possibly by
the Network
on
Prevention,
that brings
together
experts in the
field. In this
way an EU-
wide standard
of efficacy
for
prevention
programmes
can be
ensured.
Direct
administrative
costs
N/A
N/A
N/A
N/A
N/A
Under the
current
Directive, EU
Member
States are
already
obliged to set
up prevention
8
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initiatives for
persons who
have
offended and
those who
fear they
might offend,
however, in
the process of
evaluating the
implementati
on of the EU
Directive in
practice it
was noted
that these
prevention
initiatives
remain
sporadic.
Member
States are
expected to
incur an
initial cost to
set up such
initiatives and
recurring
costs to
maintain
them in the
longer term.
The types of
programs can
vary in
content, mode
of delivery
and length.
No average
cost for
setting up and
running these
initiatives is
available.
Direct regulatory N/A
fees and charges
Direct
enforcement
costs
Indirect costs
Measures enhancing
investigation and
prosecution:
a) Enabling use of
undercover agents
for investigative
purposes;
Direct
adjustment cost
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Member
States will
have the
obligation to
explicitly
address both
measures
fully in
N/A
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b) Ensuring existing
tools are full
leveraged and used
more effectively in
this crime area
national law,
and will incur
a one-off cost
related to
these
updates.
Direct
administrative
costs
N/A
N/A
N/A
N/A
The use of
undercover
agents and
other special
investigative
tools are in
some
Member
States
restricted for
use on serious
crimes which
carry a
specific
penalty. The
possibility to
extend the
use of these
techniques
and tools to
all crimes of
child sexual
abuse and
exploitation
will entail a
yearly
recurrent
direct cost to
facilitate and
maintain their
use, as well
as to train
officers.
With regards
to the use of
ECRIS and
SIS, no
additional
costs are
envisaged.
All EU
Member
States should
already have
in place all
the requisite
infrastructure
to link up to
and query
both systems.
They also
already are
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obliged to
share
convictions
through
ECRIS and
have the
functionality
to put in
place checks
related to
child sexual
abuse and
exploitation
concerns.
Direct regulatory N/A
fees and charges
Direct
enforcement
costs
Indirect costs
Collection of statistics
on child sexual abuse
and exploitation and
disaggregated data
available for groups
considered vulnerable
Direct
adjustment cost
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Direct
administrative
costs
N/A
N/A
N/A
N/A
Member
States will
face a one-off
direct cost to
set up the
infrastructure
to be able to
collect the
statistical
data fields
that will be
mandated
within the
Directive.
There are
currently no
obligations
on EU
Member
States to
collect
statistics
related to
child sexual
abuse and
there is very
limited
information
on the types
of set-ups
that Member
States have in
place. A
The
collection of
statistics will
entail a yearly
output. The
independent
study
supporting
this Impact
Assessment
estimates
costs to be
around EUR
2.4 mil.
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variety of
data
collection
architectures
can be
envisaged
within
national
authorities.
For these
reasons it is
difficult to
provide a
reasonable
estimate of
this one-off
cost.
Direct regulatory N/A
fees and charges
Direct
enforcement
costs
Indirect costs
Encouraging the
Direct
setting-up of CSA
adjustment cost
contact points at the
national level within the
EU Member States
Direct
administrative
costs
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
The fight
against child
sexual abuse
requires a
coordinated
and multi-
stakeholder
response. At
the national
level several
key players
have a
significant
role in the
prevention of
CSA as well
as provision
of assistance
and support
to victims and
the
investigation
and
prosecution
of these
crimes. The
setting up of
a national
contact point
on CSA
would help
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coordinate,
streamline
efforts, avoid
duplication
and ensure
that all
resources are
fully
exploited at
the national
level.
This role
would also
serve as the
single point
of contact on
all concerns
related to
CSA at the
EU level.
Average
recurring cost
for the role
would be
around EUR
60 000 in
hourly wages.
Not enough
information is
available on
Member
States’ set-
ups to deal
with child
sexual abuse
is available to
have a
realistic
overview of
the one-off
costs to set up
this role.
Direct regulatory N/A
fees and charges
Direct
enforcement
costs
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Direct regulatory N/A
fees and charges
N/A
N/A
N/A
N/A
N/A
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Costs related to the ‘one in, one out’ approach
N/A
Direct
adjustment costs
Total
Indirect
N/A
adjustment costs
Administrative
costs (for
offsetting)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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Electronically signed on 20/01/2023 13:06 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121