13 Amendments of Birgit SIPPEL related to 2010/0064(COD)
Amendment 43 #
Draft legislative resolution
Paragraph 3
Paragraph 3
3. Instructs its President to forward its position to the Council, the Commission and, the national parliaments and the European Data Protection Supervisor.
Amendment 70 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts withprofessional and volunteer activities related to the supervision of children, where appropriate. Implementation of such prohibitions throughout the EU should be facilitated.
Amendment 194 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 212 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States shall ensure that where the offences referred to in Articles 3 to 5 are committed by a child, they shall be subject to appropriate alternative measures adapted to specific re- educational needs under national law, having due regard to the age of the offender, the need to avoid criminalisation and the objective of social reintegration of the child.
Amendment 218 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 7 may be temporarily or permanently prevented from exercising activities involving regular contacts withprofessional and volunteer activities related to the supervision of children.
Amendment 228 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. By way of derogation from Articles 7 (2) and 9 (2) of the Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from criminal records between Member States, Member States shall take the necessary measures to ensure that, for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts withprofessional and volunteer activities related to the supervision of children, in particular insofar as the requesting Member State subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in Articles 3 to 7 of this Directive, information concerning the disqualification arising from conviction of any of the offences referred to in Articles 3 to 7 of this Directive is transmitted when requested under Article 6 of that Framework Decision from the central authority of the Member State of the person's nationality, and that personal data concerning such disqualification provided under Article 7(2) and (4) of that Framework Decision may in all cases be used for such purpose.
Amendment 246 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Articles 3, Article 4 (2) to (3) and (5) to (11), and Article 5 (6) for a sufficient period of time of minimum 15 years after the victim has reached the age of majority and which is commensurate with the gravity of the offence concerned.
Amendment 255 #
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Member States shall ensure that for the offences referred to in Articles 3 to 7, authorities responsible for persecution and investigation of such offences under criminal law are not circumvented by internal investigations by other institutions without the same authority under criminal law. Such investigations may be of informatory nature but are in no means equalling or substituting of investigation by authorities under criminal law.
Amendment 274 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. 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 the criminal investigation, prosecution and trial.
Amendment 314 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 320 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itabuse images.
Amendment 337 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 341 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.