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17.12.2011 Official
Journal
of
the
European
Union
L
335/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/92/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
on combating the sexual abuse and sexual exploitation of children and child pornography, and
replacing Council Framework Decision 2004/68/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
institutions, the child’s best interests must be a primary
EUROPEAN UNION,
consideration. Moreover, the Stockholm Programme —
An Open and Secure Europe Serving and Protecting
Citizens ( 4 ) gives a clear priority to combating the
Having regard to the Treaty on the Functioning of the European
sexual abuse and sexual exploitation of children and
Union, and in particular Article 82(2) and Article 83(1) thereof,
child pornography.
Having regard to the proposal from the European Commission,
(3)
Child pornography, which consists of images of child
sexual abuse, and other particularly serious forms of
After transmission of the draft legislative act to the national
sexual abuse and sexual exploitation of children are
parliaments,
increasing and spreading through the use of new tech
nologies and the Internet.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) Council Framework Decision 2004/68/JHA of
22 December 2003 on combating the sexual exploitation
After consulting the Committee of the Regions,
of children and child pornography ( 5 ) approximates
Member States’ legislation to criminalise the most
serious forms of child sexual abuse and sexual exploi
Acting in accordance with the ordinary legislative procedure ( 2 ),
tation, to extend domestic jurisdiction, and to provide
for a minimum level of assistance for victims. Council
Framework Decision 2001/220/JHA of 15 March 2001
Whereas:
on the standing of victims in criminal proceedings ( 6 )
establishes a set of victims’ rights in criminal proceedings,
including the right to protection and compensation.
(1) Sexual
abuse
and
sexual
exploitation
of
children,
Moreover, the coordination of prosecution of cases of
including child pornography, constitute serious violations
sexual abuse, sexual exploitation of children and child
of fundamental rights, in particular of the rights of
pornography will be facilitated by the implementation
children to the protection and care necessary for their
of Council Framework Decision 2009/948/JHA of
well-being, as provided for by the 1989 United Nations
30 November 2009 on prevention and settlement of
Convention on the Rights of the Child and by the
conflicts of exercise of jurisdiction in criminal
Charter of Fundamental Rights of the European
proceedings ( 7 ).
Union ( 3 ).
(2) In
accordance
with
Article
6(1)
of
the
Treaty
on (5) In
accordance
with
Article
34
of
the
United
Nations
European Union, the Union recognises the rights,
Convention on the Rights of the Child, States Parties
freedoms and principles set out in the Charter of Funda
undertake to protect the child from all forms of sexual
mental Rights of the European Union, in which
exploitation and sexual abuse. The 2000 United Nations
Article 24(2) provides that in all actions relating to
Optional Protocol to the Convention on the Rights of the
children, whether taken by public authorities or private
Child on the sale of children, child prostitution and child
pornography and, in particular, the 2007 Council
( 1 ) OJ C 48, 15.2.2011, p. 138.
( 2 ) Position of the European Parliament of 27 October 2011 (not yet
( 4 ) OJ C 115, 4.5.2010, p. 1.
published in the Official Journal) and decision of the Council of
( 5 ) OJ L 13, 20.1.2004, p. 44.
15 November 2011.
( 6 ) OJ L 82, 22.3.2001, p. 1.
( 3 ) OJ C 364, 18.12.2000, p. 1.
( 7 ) OJ L 328, 15.12.2009, p. 42.

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of Europe Convention on the Protection of Children
mind in the light of the Lisbon Treaty. This Directive,
against Sexual Exploitation and Sexual Abuse are
because it contains an exceptionally high number of
crucial steps in the process of enhancing international
different offences, requires, in order to reflect the
cooperation in this field.
various degrees of seriousness, a differentiation in the
level of penalties which goes further than what should
usually be provided in Union legal instruments.
(6) Serious
criminal
offences
such
as
the
sexual
exploitation
of children and child pornography require a compre
hensive approach covering the prosecution of offenders,
(12) Serious
forms
of
sexual
abuse
and
sexual
exploitation
of
the protection of child victims, and prevention of the
children should be subject to effective, proportionate and
phenomenon. The child’s best interests must be a
dissuasive penalties. This includes, in particular, various
primary consideration when carrying out any measures
forms of sexual abuse and sexual exploitation of children
to combat these offences in accordance with the Charter
which are facilitated by the use of information and
of Fundamental Rights of the European Union and the
communication technology, such as the online solici
United Nations Convention on the Rights of the Child.
tation of children for sexual purposes via social
Framework Decision 2004/68/JHA should be replaced by
networking websites and chat rooms. The definition of
a new instrument providing such comprehensive legal
child pornography should also be clarified and brought
framework to achieve that purpose.
closer to that contained in international instruments.
(7) This
Directive
should
be
fully
complementary
with
Directive 2011/36/EU of the European Parliament and
(13) The
maximum
term
of
imprisonment
provided
for
in
this
of the Council of 5 April 2011 on preventing and
Directive for the offences referred to therein should apply
combating trafficking in human beings and protecting
at least to the most serious forms of such offences.
its victims, and replacing Council Framework Decision
2002/629/JHA ( 1 ), as some victims of human trafficking
have also been child victims of sexual abuse or sexual
(14) In
order
to
reach
the
maximum
term
of
imprisonment
exploitation.
provided for in this Directive for offences concerning
sexual abuse and sexual exploitation of children and
child pornography, Member States may combine, taking
(8) In
the
context
of
criminalising
acts
related
to
porno
into account their national law, the imprisonment terms
graphic performance, this Directive refers to such acts
provided for in national legislation in respect of those
which consist of an organised live exhibition, aimed at
offences.
an audience, thereby excluding personal face-to-face
communication between consenting peers, as well as
children over the age of sexual consent and their
partners from the definition.
(15) This
Directive
obliges
Member
States
to provide
for

criminal penalties in their national legislation in respect
of the provisions of Union law on combating sexual
abuse, sexual exploitation of children and child
(9) Child
pornography
frequently
includes
images
recording
pornography. This Directive creates no obligations
the sexual abuse of children by adults. It may also
regarding the application of such penalties, or any
include images of children involved in sexually explicit
other available system of law enforcement, in individual
conduct, or of their sexual organs, where such images are
cases.
produced or used for primarily sexual purposes and

exploited with or without the child’s knowledge.
Furthermore, the concept of child pornography also
covers realistic images of a child, where a child is
(16) Especially
for
those
cases
where
the
offences
referred
to
engaged or depicted as being engaged in sexually
in this Directive are committed with the purpose of
explicit conduct for primarily sexual purposes.
financial gain, Member States are invited to consider
providing for the possibility to impose financial
penalties in addition to imprisonment.
(10) Disability,
by
itself,
does
not
automatically
constitute
an
impossibility to consent to sexual relations. However, the
abuse of the existence of such a disability in order to
(17) In
the
context
of
child
pornography,
the
term
‘without
engage in sexual activities with a child should be crimi
right’ allows Member States to provide a defence in
nalised.
respect of conduct relating to pornographic material
having for example, a medical, scientific or similar
purpose. It also allows activities carried out under
(11) In
adopting
legislation
on
substantive
criminal
law,
the
domestic legal powers, such as the legitimate possession
Union should ensure consistency of such legislation in
of child pornography by the authorities in order to
particular with regard to the level of penalties. The
conduct criminal proceedings or to prevent, detect or
Council conclusions of 24 and 25 April 2002 on the
investigate crime. Furthermore, it does not exclude legal
approach to apply regarding approximation of penalties,
defences or similar relevant principles that relieve a
which indicate four levels of penalties, should be kept in
person of responsibility under specific circumstances,
for example where telephone or Internet hotlines carry
( 1 ) OJ L 101, 15.4.2011, p. 1.
out activities to report those cases.

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(18) Knowingly
obtaining
access,
by
means
of
information
(22) Physical
or
mental
incapacity
under
this
Directive
should
and communication technology, to child pornography
be understood as also including the state of physical or
should be criminalised. To be liable, the person should
mental incapacity caused by the influence of drugs and
both intend to enter a site where child pornography is
alcohol.
available and know that such images can be found there.
Penalties should not be applied to persons inadvertently
accessing sites containing child pornography. The inten
tional nature of the offence may notably be deduced
(23) In
combating
sexual
exploitation
of
children,
full
use
from the fact that it is recurrent or that the offence
should be made of existing instruments on the seizure
was committed via a service in return for payment.
and confiscation of the proceeds of crime, such as the
United Nations Convention against Transnational
Organized Crime and the Protocols thereto, the 1990
Council of Europe Convention on Laundering, Search,
(19) Solicitation
of
children
for
sexual
purposes
is
a
threat
Seizure and Confiscation of the Proceeds from Crime,
with specific characteristics in the context of the
Council Framework Decision 2001/500/JHA of 26 June
Internet, as the latter provides unprecedented
2001 on money laundering, the identification, tracing,
anonymity to users because they are able to conceal
freezing, seizing and confiscation of instrumentalities
their real identity and personal characteristics, such as
and the proceeds of crime ( 1 ), and Council Framework
their age. At the same time, Member States acknowledge
Decision 2005/212/JHA of 24 February 2005 on Confis
the importance of also combating the solicitation of a
cation of Crime Related Proceeds, Instrumentalities and
child outside the context of the Internet, in particular
Property ( 2 ). The use of seized and confiscated instrumen
where such solicitation is not carried out by using
talities and the proceeds from the offences referred to in
information and communication technology. Member
this Directive to support victims’ assistance and
States are encouraged to criminalise the conduct where
protection should be encouraged.
the solicitation of a child to meet the offender for sexual
purposes takes place in the presence or proximity of the
child, for instance in the form of a particular preparatory
offence, attempt to commit the offences referred to in
(24) Secondary
victimisation
should
be
avoided
for
victims
of
this Directive or as a particular form of sexual abuse.
offences referred to in this Directive. In Member States
Whichever legal solution is chosen to criminalise
where prostitution or the appearance in pornography is
‘off-line grooming’, Member States should ensure that
punishable under national criminal law, it should be
they prosecute the perpetrators of such offences one
possible not to prosecute or impose penalties under
way or another.
those laws where the child concerned has committed
those acts as a result of being victim of sexual exploi
tation or where the child was compelled to participate in
child pornography.
(20) This Directive does not govern Member States’ policies
with regard to consensual sexual activities in which
children may be involved and which can be regarded
as the normal discovery of sexuality in the course of
(25) As
an
instrument
of
approximation
of
criminal
law,
this
human development, taking account of the different
Directive provides for levels of penalties which should
cultural and legal traditions and of new forms of estab
apply without prejudice to the specific criminal policies
lishing and maintaining relations among children and
of the Member States concerning child offenders.
adolescents, including through information and
communication technologies. These issues fall outside
of the scope of this Directive. Member States which
avail themselves of the possibilities referred to in this
(26) Investigating offences and bringing charges in criminal
Directive do so in the exercise of their competences.
proceedings should be facilitated, to take into account
the difficulty for child victims of denouncing sexual
abuse and the anonymity of offenders in cyberspace.
To ensure successful investigations and prosecutions of
(21) Member
States
should
provide
for
aggravating
circum
the offences referred to in this Directive, their initiation
stances in their national law in accordance with the
should not depend, in principle, on a report or accu
applicable rules established by their legal systems on
sation made by the victim or by his or her representative.
aggravating circumstances. They should ensure that
The length of the sufficient period of time for pros
those aggravating circumstances are available for judges
ecution should be determined in accordance with
to consider when sentencing offenders, although there is
national law.
no obligation on judges to apply those aggravating
circumstances. The aggravating circumstances should
not be provided for in Member States’ law when
irrelevant taking into account the nature of the specific
(27) Effective
investigatory
tools
should
be
made
available
to
offence. The relevance of the various aggravating circum
those responsible for the investigation and prosecutions
stances provided for in this Directive should be evaluated
at national level for each of the offences referred to in
( 1 ) OJ L 182, 5.7.2001, p. 1.
this Directive.
( 2 ) OJ L 68, 15.3.2005, p. 49.

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of the offences referred to in this Directive. Those tools
competent authorities. Furthermore, participation in
could include interception of communications, covert
criminal proceedings by child victims should not cause
surveillance including electronic surveillance, monitoring
additional trauma to the extent possible, as a result of
of bank accounts or other financial investigations, taking
interviews or visual contact with offenders. A good
into account, inter alia, the principle of proportionality
understanding of children and how they behave when
and the nature and seriousness of the offences under
faced with traumatic experiences will help to ensure a
investigation. Where appropriate, and in accordance
high quality of evidence-taking and also reduce the stress
with national law, such tools should also include the
placed on children when carrying out the necessary
possibility for law enforcement authorities to use a
measures.
concealed identity on the Internet.
(28) Member
States
should
encourage
any
person
who
has
(31) Member
States
should
consider
giving
short
and
long
knowledge or suspicion of the sexual abuse or sexual
term assistance to child victims. Any harm caused by
exploitation of a child to report to the competent
the sexual abuse and sexual exploitation of a child is
services. It is the responsibility of each Member State
significant and should be addressed. Because of the
to determine the competent authorities to which such
nature of the harm caused by sexual abuse and sexual
suspicions may be reported. Those competent authorities
exploitation, such assistance should continue for as long
should not be limited to child protection services or
as necessary for the child’s physical and psychological
relevant social services. The requirement of suspicion
recovery and may last into adulthood if necessary.
‘in good faith’ should be aimed at preventing the
Assistance and advice should be considered to be
provision being invoked to authorise the denunciation
extended to parents or guardians of the child victims
of purely imaginary or untrue facts carried out with
where they are not involved as suspects in relation to
malicious intent.
the offence concerned, in order to help them to assist
child victims throughout the proceedings.
(29) Rules
on
jurisdiction
should
be
amended
to
ensure
that
sexual abusers or sexual exploiters of children from the
(32) Framework
Decision
2001/220/JHA
establishes
a
set
of
Union face prosecution even if they commit their crimes
victims’ rights in criminal proceedings, including the
outside the Union, in particular via so-called sex tourism.
right to protection and compensation. In addition child
Child sex tourism should be understood as the sexual
victims of sexual abuse, sexual exploitation and child
exploitation of children by a person or persons who
pornography should be given access to legal counselling
travel from their usual environment to a destination
and, in accordance with the role of victims in the
abroad where they have sexual contact with children.
relevant justice systems, to legal representation,
Where child sex tourism takes place outside the Union,
including for the purpose of claiming compensation.
Member States are encouraged to seek to increase,
Such legal counselling and legal representation could
through the available national and international
also be provided by the competent authorities for the
instruments including bilateral or multilateral treaties
purpose of claiming compensation from the State. The
on extradition, mutual assistance or a transfer of the
purpose of legal counselling is to enable victims to be
proceedings, cooperation with third countries and inter
informed and receive advice about the various possi
national organisations with a view to combating sex
bilities open to them. Legal counselling should be
tourism. Member States should foster open dialogue
provided by a person having received appropriate legal
and communication with countries outside the Union
training without necessarily being a lawyer. Legal coun
in order to be able to prosecute perpetrators, under the
selling and, in accordance with the role of victims in the
relevant national legislation, who travel outside the
relevant justice systems, legal representation should be
Union borders for the purposes of child sex tourism.
provided free of charge, at least when the victim does
not have sufficient financial resources, in a manner
consistent with the internal procedures of Member States.
(30) Measures
to
protect
child
victims
should
be
adopted
in
their best interest, taking into account an assessment of
their needs. Child victims should have easy access to legal
remedies and measures to address conflicts of interest
(33) Member
States
should
undertake
action
to
prevent
or
where sexual abuse or sexual exploitation of a child
prohibit acts related to the promotion of sexual abuse
occurs within the family. When a special representative
of children and child sex tourism. Different preventative
should be appointed for a child during a criminal inves
measures could be considered, such as the drawing up
tigation or proceeding, this role may be also carried out
and reinforcement of a code of conduct and self-regu
by a legal person, an institution or an authority.
latory mechanisms in the tourism industry, the setting-up
Moreover, child victims should be protected from
of a code of ethics or ‘quality labels’ for tourist organi
penalties, for example under national legislation on pros
sations combating child sex tourism, or establishing an
titution, if they bring their case to the attention of
explicit policy to tackle child sex tourism.

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(34) Member States should establish and/or strengthen
(39) To
prevent
and
minimise
recidivism,
offenders
should
be
policies to prevent sexual abuse and sexual exploitation
subject to an assessment of the danger posed by the
of children, including measures to discourage and reduce
offenders and the possible risks of repetition of sexual
the demand that fosters all forms of sexual exploitation
offences against children. Arrangements for such
of children, and measures to reduce the risk of children
assessment, such as the type of authority competent to
becoming victims, by means of, information and
order and carry out the assessment or the moment in or
awareness-raising campaigns, and research and
after the criminal proceedings when that assessment
education programmes. In such initiatives, Member
should take place as well as arrangements for effective
States should adopt a child-rights based approach.
intervention programmes or measures offered following
Particular care should be taken to ensure that
that assessment should be consistent with the internal
awareness-raising campaigns aimed at children are appro
procedures of Member States. For the same objective of
priate and sufficiently easy to understand. The estab
preventing and minimising recidivism, offenders should
lishment of help-lines or hotlines should be considered.
also have access to effective intervention programmes or
measures on a voluntary basis. Those intervention
programmes or measures should not interfere with
national schemes set up to deal with the treatment of
persons suffering from mental disorders.
(35) Regarding
the
system
of
reporting
sexual
abuse
and
sexual exploitation of children and helping children in
need, hotlines under the number 116 000 for missing
children, 116 006 for victims of crime and 116 111
for children, as introduced by Commission Decision
2007/116/EC of 15 February 2007 on reserving the
(40) Where the danger posed by the offenders and the
national numbering beginning with 116 for harmonised
possible risks of repetition of the offences make it appro
numbers for harmonised services of social value (
priate, convicted offenders should be temporarily or

1 ),
should be promoted and experience regarding their func
permanently prevented from exercising at least profes
tioning should be taken into account.
sional activities involving direct and regular contacts
with children. Employers when recruiting for a post
involving direct and regular contact with children are
entitled to be informed of existing convictions for
sexual offences against children entered in the criminal
(36) Professionals
likely to come into contact with child
record, or of existing disqualifications. For the purposes
victims of sexual abuse and sexual exploitation should
of this Directive, the term ‘employers’ should also cover
be adequately trained to identify and deal with such
persons running an organisation that is active in
victims. That training should be promoted for members
volunteer work related to the supervision and/or care
of the following categories when they are likely to come
of children involving direct and regular contact with
into contact with child victims: police officers, public
children. The manner in which such information is
prosecutors, lawyers, members of the judiciary and
delivered, such as for example access via the person
court officials, child and health care personnel, but
concerned, and the precise content of the information,
could also involve other groups of persons who are
the meaning of organised voluntary activities and direct
likely to encounter child victims of sexual abuse and
and regular contact with children should be laid down in
sexual exploitation in their work.
accordance with national law.
(37) In order to prevent the sexual abuse and sexual exploi
(41) With
due
regard
to
the
different
legal
traditions
of
the
tation of children, intervention programmes or measures
Member States, this Directive takes into account the fact
targeting sex offenders should be proposed to them.
that access to criminal records is allowed only either by
Those intervention programmes or measures should
the competent authorities or by the person concerned.
meet a broad, flexible approach focusing on the
This Directive does not establish an obligation to modify
medical and psycho-social aspects and have a non-obli
the national systems governing criminal records or the
gatory character. Those intervention programmes or
means of access to those records.
measures are without prejudice to intervention

programmes or measures imposed by the competent
judicial authorities.
(42) The
aim
of
this
Directive
is
not
to
harmonise
rules
concerning consent of the person concerned when
(38) Intervention
programmes
or
measures
are
not
provided
exchanging information from the criminal registers, i.e.
as an automatic right. It is for the Member State to
whether or not to require such consent. Whether the
decide which intervention programmes or measures are
consent is required or not under national law, this
appropriate.
Directive does not establish any new obligation to
change the national law and national procedures in this
( 1 ) OJ L 49, 17.2.2007, p. 30.
respect.

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(43) Member
States
may
consider
adopting
additional
admin
or other. In that context, this Directive is without
istrative measures in relation to perpetrators, such as the
prejudice to voluntary action taken by the Internet
registration in sex offender registers of persons convicted
industry to prevent the misuse of its services or to any
of offences referred to in this Directive. Access to those
support for such action by Member States. Whichever
registers should be subject to limitation in accordance
basis for action or method is chosen, Member States
with national constitutional principles and applicable
should ensure that it provides an adequate level of
data protection standards, for instance by limiting
legal certainty and predictability to users and service
access to the judiciary and/or law enforcement
providers. Both with a view to the removal and the
authorities.
blocking of child abuse content, cooperation between
public authorities should be established and strengthened,
particularly in the interests of ensuring that national lists
of websites containing child pornography material are as
complete as possible and of avoiding duplication of
(44) Member
States
are
encouraged
to
create
mechanisms
for
work. Any such developments must take account of
data collection or focal points, at the national or local
the rights of the end users and comply with existing
levels and in collaboration with civil society, for the
legal and judicial procedures and the European
purpose of observing and evaluating the phenomenon
Convention for the Protection of Human Rights and
of sexual abuse and sexual exploitation of children. In
Fundamental Freedoms and the Charter of Fundamental
order to be able to properly evaluate the results of
Rights of the European Union. The Safer Internet
actions to combat sexual abuse and sexual exploitation
Programme has set up a network of hotlines the goal
of children and child pornography, the Union should
of which is to collect information and to ensure coverage
continue to develop its work on methodologies and
and exchange of reports on the major types of illegal
data collection methods to produce comparable statistics.
content online.
(45) Member States should take appropriate action for setting
(48) This
Directive
aims
to
amend
and
expand
the
provisions
up information services to provide information on how
of Framework Decision 2004/68/JHA. Since the
to recognise the signs of sexual abuse and sexual exploi
amendments to be made are of substantial number and
tation.
nature, the Framework Decision should, in the interests
of clarity, be replaced in its entirety in relation to
Member States participating in the adoption of this
Directive.
(46) Child
pornography,
which
constitutes
child
sexual
abuse
images, is a specific type of content which cannot be
construed as the expression of an opinion. To combat
it, it is necessary to reduce the circulation of child sexual
abuse material by making it more difficult for offenders
(49) Since the objective of this Directive, namely to combat
to upload such content onto the publicly accessible web.
sexual abuse, sexual exploitation of children and child
Action is therefore necessary to remove the content and
pornography, cannot be sufficiently achieved by the
apprehend those guilty of making, distributing or down
Member States alone and can therefore, by reasons of
loading child sexual abuse images. With a view to
the scale and effects, be better achieved at Union level,
supporting the Union’s efforts to combat child
the Union may adopt measures, in accordance with the
pornography, Member States should use their best
principle of subsidiarity as set out in Article 5 of the
endeavours to cooperate with third countries in seeking
Treaty on European Union. In accordance with the
to secure the removal of such content from servers
principle of proportionality, as set out in that Article,
within their territory.
this Directive does not go beyond what is necessary to
achieve that objective.
(47) However,
despite such efforts, the removal of child
pornography content at its source is often not possible
(50) This
Directive
respects
fundamental
rights
and
observes
when the original materials are not located within the
the principles recognised in particular by the Charter of
Union, either because the State where the servers are
Fundamental Rights of the European Union and in
hosted is not willing to cooperate or because obtaining
particular the right to the protection of human dignity,
removal of the material from the State concerned proves
the prohibition of torture and inhuman or degrading
to be particularly long. Mechanisms may also be put in
treatment or punishment, the rights of the child, the
place to block access from the Union’s territory to
right to liberty and security, the right to freedom of
Internet pages identified as containing or disseminating
expression and information, the right to the protection
child pornography. The measures undertaken by Member
of personal data, the right to an effective remedy and to
States in accordance with this Directive in order to
a fair trial and the principles of legality and propor
remove or, where appropriate, block websites containing
tionality of criminal offences and penalties. This
child pornography could be based on various types of
Directive seeks to ensure full respect for those rights
public action, such as legislative, non-legislative, judicial
and principles and must be implemented accordingly.

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(51) In
accordance
with
Article
3
of
the
Protocol
(No
21)
on
or consideration is given or promised as payment in
the position of United Kingdom and Ireland in respect of
exchange for the child engaging in sexual activities,
the area of freedom, security and justice, annexed to the
regardless of whether that payment, promise or
Treaty on European Union and the Treaty on the Func
consideration is made to the child or to a third party;
tioning of the European Union, the United Kingdom and
Ireland have notified their wish to take part in the
adoption and application of this Directive.
(e) ‘pornographic performance’ means a live exhibition aimed
at an audience, including by means of information and
communication technology, of:
(52) In accordance with Articles 1 and 2 of the Protocol
(No 22) on the position of Denmark annexed to the
Treaty on European Union and to the Treaty on the
(i) a child engaged in real or simulated sexually explicit
Functioning of the European Union, Denmark is not
conduct; or
taking part in the adoption of this Directive and is not
bound by it or subject to its application,
(ii) the sexual organs of a child for primarily sexual
HAVE ADOPTED THIS DIRECTIVE:
purposes;
Article 1
(f) ‘legal person’ means an entity having legal personality under
the applicable law, except for States or public bodies in the
Subject matter
exercise of State authority and for public international
This Directive establishes minimum rules concerning the defi
organisations.
nition of criminal offences and sanctions in the area of sexual
abuse and sexual exploitation of children, child pornography
and solicitation of children for sexual purposes. It also
Article 3
introduces provisions to strengthen the prevention of those
Offences concerning sexual abuse
crimes and the protection of the victims thereof.
1. Member
States
shall
take
the
necessary
measures
to
ensure
that the intentional conduct referred to in paragraphs 2 to 6 is
Article 2
punishable.
Definitions
For the purposes of this Directive, the following definitions
2. Causing,
for
sexual
purposes,
a
child
who
has
not
reached
apply:
the age of sexual consent to witness sexual activities, even
without having to participate, shall be punishable by a
maximum term of imprisonment of at least 1 year.
(a) ‘child’ means any person below the age of 18 years;
(b) ‘age of sexual consent’ means the age below which, in
3. Causing,
for
sexual
purposes,
a
child
who
has
not
reached
accordance with national law, it is prohibited to engage in
the age of sexual consent to witness sexual abuse, even without
sexual activities with a child;
having to participate, shall be punishable by a maximum term
of imprisonment of at least 2 years.
(c) ‘child pornography’ means:
4. Engaging
in
sexual
activities
with
a
child
who
has
not
(i) any material that visually depicts a child engaged in real
reached the age of sexual consent shall be punishable by a
or simulated sexually explicit conduct;
maximum term of imprisonment of at least 5 years.
(ii) any depiction of the sexual organs of a child for
5. Engaging
in
sexual
activities
with
a
child,
where:
primarily sexual purposes;
(i) abuse is made of a recognised position of trust, authority or
(iii) any material that visually depicts any person appearing
influence over the child, shall be punishable by a maximum
to be a child engaged in real or simulated sexually
term of imprisonment of at least 8 years if the child has
explicit conduct or any depiction of the sexual organs
not reached the age of sexual consent, and of at least
of any person appearing to be a child, for primarily
3 years of imprisonment, if the child is over that age; or
sexual purposes; or
(iv) realistic images of a child engaged in sexually explicit
(ii) abuse is made of a particularly vulnerable situation of the
conduct or realistic images of the sexual organs of a
child, in particular because of a mental or physical disability
child, for primarily sexual purposes;
or a situation of dependence, shall be punishable by a
maximum term of imprisonment of at least 8 years if the
child has not reached the age of sexual consent, and of at
(d) ‘child prostitution’ means the use of a child for sexual
least 3 years of imprisonment if the child is over that age;
activities where money or any other form of remuneration
or

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L 335/8
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Official Journal of the European Union
17.12.2011
(iii) use is made of coercion, force or threats shall be punishable
Article 5
by a maximum term of imprisonment of at least 10 years if
the child has not reached the age of sexual consent, and of
Offences concerning child pornography
at least 5 years of imprisonment if the child is over that
1. Member
States
shall
take
the
necessary
measures
to
ensure
age.
that the intentional conduct, when committed without right,
referred to in paragraphs 2 to 6 is punishable.
6. Coercing,
forcing
or
threatening
a
child
into
sexual 2. Acquisition
or
possession
of
child
pornography
shall
be
activities with a third party shall be punishable by a
punishable by a maximum term of imprisonment of at least
maximum term of imprisonment of at least 10 years if the
1 year.
child has not reached the age of sexual consent, and of at
least 5 years of imprisonment if the child is over that age.
3. Knowingly obtaining access, by means of information and
communication technology, to child pornography shall be
Article 4
punishable by a maximum term of imprisonment of at least
1 year.
Offences concerning sexual exploitation
1. Member
States
shall
take
the
necessary
measures
to
ensure 4. Distribution,
dissemination
or
transmission
of
child
that the intentional conduct referred to in paragraphs 2 to 7 is
pornography shall be punishable by a maximum term of
punishable.
imprisonment of at least 2 years.
5. Offering,
supplying
or
making
available
child
pornography
2. Causing
or
recruiting
a
child
to
participate
in
porno
shall be punishable by a maximum term of imprisonment of at
graphic performances, or profiting from or otherwise exploiting
least 2 years.
a child for such purposes shall be punishable by a maximum
term of imprisonment of at least 5 years if the child has not
reached the age of sexual consent and of at least 2 years of
6. Production
of
child
pornography
shall
be
punishable
by
a
imprisonment if the child is over that age.
maximum term of imprisonment of at least 3 years.
7. It
shall
be
within
the
discretion
of
Member
States
to
3. Coercing
or
forcing
a
child
to
participate
in
pornographic decide whether this Article applies to cases involving child
performances, or threatening a child for such purposes shall be
pornography as referred to in Article 2(c)(iii), where the
punishable by a maximum term of imprisonment of at least
person appearing to be a child was in fact 18 years of age or
8 years if the child has not reached the age of sexual consent,
older at the time of depiction.
and of at least 5 years of imprisonment if the child is over that
age.
8. It
shall
be
within
the
discretion
of
Member
States
to
decide whether paragraphs 2 and 6 of this Article apply to
cases where it is established that pornographic material as
4. Knowingly attending pornographic performances referred to in Article 2(c)(iv) is produced and possessed by
involving the participation of a child shall be punishable by a
the producer solely for his or her private use in so far as no
maximum term of imprisonment of at least 2 years if the child
pornographic material as referred to in Article 2(c)(i), (ii) or (iii)
has not reached the age of sexual consent, and of at least 1 year
has been used for the purpose of its production and provided
of imprisonment if the child is over that age.
that the act involves no risk of dissemination of the material.
Article 6
5. Causing or recruiting a child to participate in child pros
titution, or profiting from or otherwise exploiting a child for
Solicitation of children for sexual purposes
such purposes shall be punishable by a maximum term of
imprisonment of at least 8 years if the child has not reached
1. Member
States
shall
take
the
necessary
measures
to
ensure
the age of sexual consent, and of at least 5 years of
that the following intentional conduct is punishable:
imprisonment if the child is over that age.
the proposal, by means of information and communication
technology, by an adult to meet a child who has not reached
6. Coercing or forcing a child into child prostitution, or
the age of sexual consent, for the purpose of committing any of
threatening a child for such purposes shall be punishable by a
the offences referred to in Article 3(4) and Article 5(6), where
maximum term of imprisonment of at least 10 years if the child
that proposal was followed by material acts leading to such a
has not reached the age of sexual consent, and of at least
meeting, shall be punishable by a maximum term of
5 years of imprisonment if the child is over that age.
imprisonment of at least 1 year.
2. Member
States
shall
take
the
necessary
measures
to
ensure
7. Engaging
in
sexual
activities
with
a
child,
where
recourse that an attempt, by means of information and communication
is made to child prostitution shall be punishable by a maximum
technology, to commit the offences provided for in Article 5(2)
term of imprisonment of at least 5 years if the child has not
and (3) by an adult soliciting a child who has not reached the
reached the age of sexual consent, and of at least 2 years of
age of sexual consent to provide child pornography depicting
imprisonment if the child is over that age.
that child is punishable.

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EN
17.12.2011 Official
Journal
of
the
European
Union
L
335/9
Article 7
(b) the offence was committed by a member of the child’s
family, a person cohabiting with the child or a person
Incitement, aiding and abetting, and attempt
who has abused a recognised position of trust or authority;
1. Member
States
shall
take
the
necessary
measures
to
ensure
that inciting or aiding and abetting to commit any of the
offences referred to in Articles 3 to 6 is punishable.
(c) the offence was committed by several persons acting
together;
2. Member
States
shall
take
the
necessary
measures
to
ensure (d) the offence was committed within the framework of a
that an attempt to commit any of the offences referred to in
criminal organisation within the meaning of Council
Article 3(4), (5) and (6), Article 4(2), (3), (5), (6) and (7), and
Framework Decision 2008/841/JHA of 24 October 2008
Article 5(4), (5) and (6) is punishable.
on the fight against organised crime ( 1 );
(e) the offender has previously been convicted of offences of
Article 8
the same nature;
Consensual sexual activities
1. It shall be within the discretion of Member States to
(f) the offender has deliberately or recklessly endangered the
decide whether Article 3(2) and (4) apply to consensual
life of the child; or
sexual activities between peers, who are close in age and
degree of psychological and physical development or maturity,
in so far as the acts did not involve any abuse.
(g) the offence involved serious violence or caused serious harm
to the child.
2. It shall be within the discretion of Member States to
Article 10
decide whether Article 4(4) applies to a pornographic
Disqualification arising from convictions
performance that takes place in the context of a consensual
relationship where the child has reached the age of sexual
1. In order to avoid the risk of repetition of offences,
consent or between peers who are close in age and degree of
Member States shall take the necessary measures to ensure
psychological and physical development or maturity, in so far as
that a natural person who has been convicted of any of the
the acts did not involve any abuse or exploitation and no
offences referred to in Articles 3 to 7 may be temporarily or
money or other form of remuneration or consideration is
permanently prevented from exercising at least professional
given as payment in exchange for the pornographic
activities involving direct and regular contacts with children.
performance.
2. Member
States
shall
take
the
necessary
measures
to
ensure
that employers, when recruiting a person for professional or
3. It shall be within the discretion of Member States to
organised voluntary activities involving direct and regular
decide whether Article 5(2) and (6) apply to the production,
contacts with children, are entitled to request information in
acquisition or possession of material involving children who
accordance with national law by way of any appropriate
have reached the age of sexual consent where that material is
means, such as access upon request or via the person
produced and possessed with the consent of those children and
concerned, of the existence of criminal convictions for any of
only for the private use of the persons involved, in so far as the
the offences referred to in Articles 3 to 7 entered in the criminal
acts did not involve any abuse.
record or of the existence of any disqualification from exercising
activities involving direct and regular contacts with children
arising from those criminal convictions.
Article 9
3. Member
States
shall
take
the
necessary
measures
to
ensure
Aggravating circumstances
that, for the application of paragraphs 1 and 2 of this Article,
In so far as the following circumstances do not already form
information concerning the existence of criminal convictions for
part of the constituent elements of the offences referred to in
any of the offences referred to in Articles 3 to 7, or of any
Articles 3 to 7, Member States shall take the necessary measures
disqualification from exercising activities involving direct and
to ensure that the following circumstances may, in accordance
regular contacts with children arising from those criminal
with the relevant provisions of national law, be regarded as
convictions, is transmitted in accordance with the procedures
aggravating circumstances, in relation to the relevant offences
set out in Council Framework Decision 2009/315/JHA of
referred to in Articles 3 to 7:
26 February 2009 on the organisation and content of the
exchange of information extracted from the criminal record
between Member States ( 2 ) when requested under Article 6 of
that Framework Decision with the consent of the person
(a) the offence was committed against a child in a particularly
concerned.
vulnerable situation, such as a child with a mental or
physical disability, in a situation of dependence or in a
( 1 ) OJ L 300, 11.11.2008, p. 42.
state of physical or mental incapacity;
( 2 ) OJ L 93, 7.4.2009, p. 23.

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Official Journal of the European Union
17.12.2011
Article 11
2. Member
States
shall
take
the
necessary
measures
to
ensure
that a legal person held liable pursuant to Article 12(2) is
Seizure and confiscation
punishable by sanctions or measures which are effective,
Member States shall take the necessary measures to ensure that
proportionate and dissuasive.
their competent authorities are entitled to seize and confiscate
instrumentalities and proceeds from the offences referred to in
Articles 3, 4 and 5.
Article 14
Non-prosecution or non-application of penalties to the
Article 12
victim
Liability of legal persons
Member States shall, in accordance with the basic principles of
their legal systems take the necessary measures to ensure that
1. Member
States
shall
take
the
necessary
measures
to
ensure competent national authorities are entitled not to prosecute or
that legal persons may be held liable for any of the offences
impose penalties on child victims of sexual abuse and sexual
referred to in Articles 3 to 7 committed for their benefit by any
exploitation for their involvement in criminal activities, which
person, acting either individually or as part of an organ of the
they have been compelled to commit as a direct consequence of
legal person, and having a leading position within the legal
being subjected to any of the acts referred to in Article 4(2), (3),
person, based on:
(5) and (6), and in Article 5(6).
(a) a power of representation of the legal person;
Article 15
Investigation and prosecution
(b) an authority to take decisions on behalf of the legal person;
1. Member
States
shall
take
the
necessary
measures
to
ensure
or
that investigations into or the prosecution of the offences
referred to in Articles 3 to 7 are not dependent on a report
(c) an authority to exercise control within the legal person.
or accusation being made by the victim or by his or her repre
sentative, and that criminal proceedings may continue even if
that person has withdrawn his or her statements.
2. Member
States
shall
also
take
the
necessary
measures
to
ensure that legal persons may be held liable where the lack of
supervision or control by a person referred to in paragraph 1
2. Member
States
shall
take
the
necessary
measures
to
enable
has made possible the commission, by a person under its
the prosecution of any of the offences referred to in Article 3,
authority, of any of the offences referred to in Articles 3 to 7
Article 4(2), (3), (5), (6) and (7) and of any serious offences
for the benefit of that legal person.
referred to in Article 5(6) when child pornography as referred
to in Article 2(c)(i) and (ii) has been used, for a sufficient period
of time after the victim has reached the age of majority and
3. Liability
of
legal
persons
under
paragraphs
1
and
2
shall which is commensurate with the gravity of the offence
be without prejudice to criminal proceedings against natural
concerned.
persons who are perpetrators, inciters or accessories to the
offences referred to in Articles 3 to 7.
3. Member
States
shall
take
the
necessary
measures
to
ensure
that effective investigative tools, such as those which are used in
Article 13
organised crime or other serious crime cases are available to
Sanctions on legal persons
persons, units or services responsible for investigating or pros
ecuting offences referred to in Articles 3 to 7.
1. Member
States
shall
take
the
necessary
measures
to
ensure
that a legal person held liable pursuant to Article 12(1) is
punishable by effective, proportionate and dissuasive sanctions,
4. Member
States
shall
take
the
necessary
measures
to
enable
which shall include criminal or non-criminal fines and may
investigative units or services to attempt to identify the victims
include other sanctions, such as:
of the offences referred to in Articles 3 to 7, in particular by
analysing child pornography material, such as photographs and
audiovisual recordings transmitted or made available by means
(a) exclusion from entitlement to public benefits or aid;
of information and communication technology.
(b) temporary or permanent disqualification from the practice
Article 16
of commercial activities;
Reporting suspicion of sexual abuse or sexual exploitation
(c) placing under judicial supervision;
1. Member
States
shall
take
the
necessary
measures
to
ensure
that the confidentiality rules imposed by national law on certain
professionals whose main duty is to work with children do not
(d) judicial winding-up; or
constitute an obstacle to the possibility, for those professionals,
of their reporting to the services responsible for child protection
any situation where they have reasonable grounds for believing
(e) temporary or permanent closure of establishments which
that a child is the victim of offences referred to in Articles 3
have been used for committing the offence.
to 7.

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EN
17.12.2011 Official
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of
the
European
Union L
335/11
2. Member
States
shall
take
the
necessary
measures
to the victim in the place where the offence was committed, or a
encourage any person who knows about or suspects, in good
denunciation from the State of the place where the offence was
faith that any of the offences referred to in Articles 3 to 7 have
committed.
been committed, to report this to the competent services.
Article 18
Article 17
General provisions on assistance, support and protection
Jurisdiction and coordination of prosecution
measures for child victims
1. Member
States
shall
take
the
necessary
measures
to
1. Child victims of the offences referred to in Articles 3 to 7
establish their jurisdiction over the offences referred to in
shall be provided assistance, support and protection in
Articles 3 to 7 where:
accordance with Articles 19 and 20, taking into account the
best interests of the child.
(a) the offence is committed in whole or in part within their
territory; or
2. Member
States
shall
take
the
necessary
measures
to
ensure
that a child is provided with assistance and support as soon as
the competent authorities have a reasonable-grounds indication
(b) the offender is one of their nationals.
for believing that a child might have been subject to any of the
offences referred to in Articles 3 to 7.
2. A
Member
State
shall
inform
the
Commission
where
it
decides to establish further jurisdiction over an offence referred
3. Member
States
shall
ensure
that,
where
the
age
of
a
to in Articles 3 to 7 committed outside its territory, inter alia,
person subject to any of the offences referred to in Articles 3
where:
to 7 is uncertain and there are reasons to believe that the
person is a child, that person is presumed to be a child in
order to receive immediate access to assistance, support and
(a) the offence is committed against one of its nationals or a
protection in accordance with Articles 19 and 20.
person who is an habitual resident in its territory;
Article 19
(b) the offence is committed for the benefit of a legal person
Assistance and support to victims
established in its territory; or
1. Member
States
shall
take
the
necessary
measures
to
ensure
that assistance and support are provided to victims before,
during and for an appropriate period of time after the
(c) the offender is an habitual resident in its territory.
conclusion of criminal proceedings in order to enable them
to exercise the rights set out in Framework Decision
2001/220/JHA, and in this Directive. Member States shall, in
3. Member States shall ensure that their jurisdiction includes
particular, take the necessary steps to ensure protection for
situations where an offence referred to in Articles 5 and 6, and
children who report cases of abuse within their family.
in so far as is relevant, in Articles 3 and 7, is committed by
means of information and communication technology accessed
from their territory, whether or not it is based on their territory.
2. Member
States
shall
take
the
necessary
measures
to
ensure
that assistance and support for a child victim are not made
conditional on the child victim’s willingness to cooperate in
4. For the prosecution of any of the offences referred to in
the criminal investigation, prosecution or trial.
Article 3(4), (5) and (6), Article 4(2), (3), (5), (6) and (7) and
Article 5(6) committed outside the territory of the Member
State concerned, as regards paragraph 1(b) of this Article,
each Member State shall take the necessary measures to
3. Member
States
shall
take
the
necessary
measures
to
ensure
ensure that its jurisdiction is not subordinated to the
that the specific actions to assist and support child victims in
condition that the acts are a criminal offence at the place
enjoying their rights under this Directive, are undertaken
where they were performed.
following an individual assessment of the special circumstances
of each particular child victim, taking due account of the child’s
views, needs and concerns.
5. For the prosecution of any of the offences referred to in
Articles 3 to 7 committed outside the territory of the Member
State concerned, as regards paragraph 1(b) of this Article, each
4. Child victims of any of the offences referred to in Articles
Member State shall take the necessary measures to ensure that
3 to 7 shall be considered as particularly vulnerable victims
its jurisdiction is not subordinated to the condition that the
pursuant to Article 2(2), Article 8(4) and Article 14(1) of
prosecution can only be initiated following a report made by
Framework Decision 2001/220/JHA.

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17.12.2011
5. Member
States
shall
take
measures,
where
appropriate
and recorded and that such audio-visually recorded interviews may
possible, to provide assistance and support to the family of the
be used as evidence in criminal court proceedings, in
child victim in enjoying the rights under this Directive when the
accordance with the rules under their national law.
family is in the territory of the Member States. In particular,
Member States shall, where appropriate and possible, apply
Article 4 of Framework Decision 2001/220/JHA to the family
5. Member
States
shall
take
the
necessary
measures
to
ensure
of the child victim.
that in criminal court proceedings relating to any of the
offences referred to in Articles 3 to 7, that it may be ordered
that:
Article 20
Protection of child victims in criminal investigations and
(a) the hearing take place without the presence of the public;
proceedings
1. Member
States
shall
take
the
necessary
measures
to
ensure (b) the child victim be heard in the courtroom without being
that in criminal investigations and proceedings, in accordance
present, in particular through the use of appropriate
with the role of victims in the relevant justice system,
communication technologies.
competent authorities appoint a special representative for the
child victim where, under national law, the holders of parental
6. Member
States
shall
take
the
necessary
measures,
where
in
responsibility are precluded from representing the child as a
the interest of child victims and taking into account other over
result of a conflict of interest between them and the child
riding interests, to protect the privacy, identity and image of
victim, or where the child is unaccompanied or separated
child victims, and to prevent the public dissemination of any
from the family.
information that could lead to their identification.
2. Member
States
shall
ensure
that
child
victims
have,
Article 21
without delay, access to legal counselling and, in accordance
with the role of victims in the relevant justice system, to legal
Measures against advertising abuse opportunities and child
representation, including for the purpose of claiming compen
sex tourism
sation. Legal counselling and legal representation shall be free of
Member States shall take appropriate measures to prevent or
charge where the victim does not have sufficient financial
prohibit:
resources.
(a) the dissemination of material advertising the opportunity to
3. Without prejudice to the rights of the defence, Member
commit any of the offences referred to in Articles 3 to 6;
States shall take the necessary measures to ensure that in
and
criminal investigations relating to any of the offences referred
to in Articles 3 to 7:
(b) the organisation for others, whether or not for commercial
purposes, of travel arrangements with the purpose of
(a) interviews with the child victim take place without unjus
committing any of the offences referred to in Articles 3
tified delay after the facts have been reported to the
to 5.
competent authorities;
Article 22
(b) interviews with the child victim take place, where necessary,
in premises designed or adapted for this purpose;
Preventive intervention programmes or measures
Member States shall take the necessary measures to ensure that
(c) interviews with the child victim are carried out by or
persons who fear that they might commit any of the offences
through professionals trained for this purpose;
referred to in Articles 3 to 7 may have access, where appro
priate, to effective intervention programmes or measures
designed to evaluate and prevent the risk of such offences
(d) the same persons, if possible and where appropriate,
being committed.
conduct all interviews with the child victim;
Article 23
(e) the number of interviews is as limited as possible and
interviews are carried out only where strictly necessary for
Prevention
the purpose of criminal investigations and proceedings;
1. Member
States
shall
take
appropriate
measures,
such
as
education and training, to discourage and reduce the demand
(f) the child victim may be accompanied by his or her legal
that fosters all forms of sexual exploitation of children.
representative or, where appropriate, by an adult of his or
her choice, unless a reasoned decision has been made to the
contrary in respect of that person.
2. Member
States
shall
take
appropriate
action,
including
through the Internet, such as information and awareness-
raising campaigns, research and education programmes, where
4. Member
States
shall
take
the
necessary
measures
to
ensure appropriate in cooperation with relevant civil society organi
that in criminal investigations of any of the offences referred to
sations and other stakeholders, aimed at raising awareness and
in Articles 3 to 7 all interviews with the child victim or, where
reducing the risk of children, becoming victims of sexual abuse
appropriate, with a child witness, may be audio-visually
or exploitation.

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EN
17.12.2011 Official
Journal
of
the
European
Union L
335/13
3. Member
States
shall
promote
regular
training
for
officials
Article 25
likely to come into contact with child victims of sexual abuse or
exploitation, including front-line police officers, aimed at
Measures against websites containing or disseminating
enabling them to identify and deal with child victims and
child pornography
potential child victims of sexual abuse or exploitation.
1. Member
States
shall
take
the
necessary
measures
to
ensure
the prompt removal of web pages containing or disseminating
child pornography hosted in their territory and to endeavour to
Article 24
obtain the removal of such pages hosted outside of their
Intervention programmes or measures on a voluntary basis
territory.
in the course of or after criminal proceedings
1. Without prejudice to intervention programmes or 2. Member States may take measures to block access to web
measures imposed by the competent judicial authorities under
pages containing or disseminating child pornography towards
national law, Member States shall take the necessary measures
the Internet users within their territory. These measures must be
to ensure that effective intervention programmes or measures
set by transparent procedures and provide adequate safeguards,
are made available to prevent and minimise the risks of
in particular to ensure that the restriction is limited to what is
repeated offences of a sexual nature against children. Such
necessary and proportionate, and that users are informed of the
programmes or measures shall be accessible at any time
reason for the restriction. Those safeguards shall also include the
during the criminal proceedings, inside and outside prison, in
possibility of judicial redress.
accordance with national law.
2. The
intervention
programmes
or
measures,
referred
to
in
Article 26
paragraph 1 shall meet the specific developmental needs of
Replacement of Framework Decision 2004/68/JHA
children who sexually offend.
Framework Decision 2004/68/JHA is hereby replaced in relation
to Member States participating in the adoption of this Directive
3. Member
States
shall
take
the
necessary
measures
to
ensure without prejudice to the obligations of those Member States
that the following persons may have access to the intervention
relating to the time limits for transposition of the Framework
programmes or measures referred to in paragraph 1:
Decision into national law.
(a) persons subject to criminal proceedings for any of the
In relation to Member States participating in the adoption of
offences referred to in Articles 3 to 7, under conditions
this Directive, references to Framework Decision 2004/68/JHA
which are neither detrimental nor contrary to the rights
shall be construed as references to this Directive.
of the defence or to the requirements of a fair and
impartial trial, and, in particular, in compliance with the
principle of the presumption of innocence; and
Article 27
Transposition
(b) persons convicted of any of the offences referred to in
Articles 3 to 7.
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
Directive by 18 December 2013.
4. Member
States
shall
take
the
necessary
measures
to
ensure
that the persons referred to in paragraph 3 are subject to an
assessment of the danger that they present and the possible
2. Member
States
shall
transmit
to
the
Commission
the
text
risks of repetition of any of the offences referred to in
of the provisions transposing into their national law the obli
Articles 3 to 7, with the aim of identifying appropriate inter
gations imposed on them under this Directive.
vention programmes or measures.
3. When
Member
States
adopt
those
measures,
they
shall
5. Member
States
shall
take
the
necessary
measures
to
ensure contain a reference to this Directive or be accompanied by
that the persons referred to in paragraph 3 to whom inter
such a reference on the occasion of their official publication.
vention programmes or measures in accordance with
The methods of making such reference shall be laid down by
paragraph 4 have been proposed:
the Member States.
(a) are fully informed of the reasons for the proposal;
Article 28
Reporting
(b) consent to their participation in the programmes or
measures with full knowledge of the facts;
1. The
Commission
shall,
by
18
December
2015,
submit
a
report to the European Parliament and the Council assessing the
extent to which the Member States have taken the necessary
(c) may refuse and, in the case of convicted persons, are made
measures in order to comply with this Directive, accompanied,
aware of the possible consequences of such a refusal.
if necessary, by a legislative proposal.

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L 335/14
EN
Official Journal of the European Union
17.12.2011
2. The
Commission
shall,
by
18
December
2015,
submit
a
report
to
the
European
Parliament
and
the
Council assessing the implementation of the measures referred to in Article 25.
Article 29
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 30
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR

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