What changed between the plenary report and the adopted text

Removed:Article 1 – paragraph 1 – point 10 – point d, Article 22 – paragraph 3 – subparagraph 1 – point a: (a) victims who have suffered considerable harm or trauma due to the severity or repetition of the crime;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 10 – point d, Article 22 – paragraph 3 – subparagraph 2: In this regard, victims of terrorism, organised crime, human trafficking, gender-based violence, including violence against women and domestic violence, sexual violence, including child sexual abuse, exploitation or hate crime, victims who are irregular migrants and victims with a dependent residence status or permit, victims of core international crime and victims with disabilities shall be duly considered. Online forms of those types of crime shall be taken into consideration and particular attention shall be paid to victims who fall under more than one of those categories;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 10 – point e, Article 22 – paragraph 3a: 3a. In the context of the individual assessment, particular attention shall be paid to the risk emanating from the offender, including the risk of violent behaviour and of bodily harm, the access to and use of weapons, links to or involvement in a group of organised crime, drug or alcohol abuse, child abuse, mental health issues, risk and behaviour of stalking, expression of threats or hate speech.’;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 10 – point f, Article 22 – paragraph 4: 4. For the purposes of this Directive, child victims shall be presumed to have specific protection needs due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation. To determine whether and to what extent they would benefit from special measures as provided for under Articles 18, 23 and 24, child victims shall be subject to an individual assessment as provided for in paragraph 1 of this Article. The individual assessment of child victims shall be organised within the framework of targeted and integrated support services referred to in Article 9a and shall take into account the specific needs of children without parental care. Where relevant, the individual assessment shall take into account the victim’s family members other than children.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 10 – point h, Article 22 – paragraph 7: 7. Competent authorities shall update the individual assessment at regular intervals and, where relevant, take new or update ongoing measures, to ensure the protection measures relate to the victim’s changing situation. If the elements that form the basis of the individual assessment have changed significantly, such as in the case of release of the offender from custody, Member States shall ensure that it is updated throughout the criminal proceedings.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 10 a (new), Article 22 a (new): (10a) The following Article is inserted: / ‘Article 22a / Individual assessment of victims to identify specific support needs / 1. Member States shall ensure that victims receive a timely and individual assessment to identify specific support needs throughout the proceedings, taking into account the individual assessment referred to in Article 22, and to determine whether and to what extent they would benefit from special measures provided for under Article 9(1), point (c), due to their particular vulnerability to secondary and repeat victimisation, to intimidation and to retaliation. / 2. The individual assessment referred to in paragraph 1 shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings and relevant support services; / 3. Where the individual assessment referred to in paragraph 1 has identified specific support needs or if the victim requests support, Member States shall ensure that the competent authorities respond to these needs in a timely and coordinated manner. This shall include referrals to general or specialist victim support services for an in-depth assessment of support needs, in line with protocols established pursuant to Article 26a. / 4. Competent authorities shall update the individual assessment referred to in paragraph 1 at regular intervals to ensure the support measures correspond to the victim’s changing situation. If the elements that form the basis of the individual assessment have c…

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 10 b (new), Article 23 – paragraph 1: (10b) in Article 23, paragraph 1 is replaced by the following: / "1. Without prejudice to the rights of the defence and in accordance with rules of judicial discretion, Member States shall ensure that victims with specific protection needs who benefit from special measures identified as a result of an individual assessment provided for in Article 22(1), may benefit from the measures provided for in paragraphs 2 and 3 of this Article. In exceptional circumstances, a special measure envisaged following the individual assessment may not be made available if operational or practical constraints make this impossible, or where there is an urgent need to interview the victim and failure to do so could harm the victim or another person or could prejudice the course of the proceedings."

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 11, Article 23 – paragraph 2 – point d: (d) all interviews with victims of sexual violence, gender-based violence including victims of violence against women and domestic violence covered by Directive (EU) …/… of the European Parliament and of the Council65 [on combating violence against women and domestic violence], unless conducted by a prosecutor or a judge, being conducted by a person of the same gender as the victim, if the victims so wishes, provided that the course of the criminal proceedings will not be prejudiced;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 11 a (new), Article 23 – paragraph 3 – point c: (11a) in Article 23, paragraph 3 (c) is replaced by the following: / (c) measures to avoid unnecessary questioning concerning the victim's private life, including the person's sexual orientation, gender identity or past sexual conducts, not related to the criminal offence; and

Removed:Article 1 – paragraph 1 – point 12 – introductory part: (12) in Article 23, the following paragraphs are added:

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 12, Article 23 – paragraph 4 – point b a (new): (ba) access to shelters and other appropriate interim accommodations free of charge or paid for by a dedicated financial allowance for victims.

Removed:Directive 2012/29/EU

Removed:Artcile 23 – paragraph 4 a (new)

Removed:Article 1 – paragraph 1 – point 12: 4a. Member States shall ensure that competent authorities inform victims of the possibility to apply for barring, restraining or protection orders as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 12 a (new), Article 24 – paragraph 1 – subparagraph 1 – point c a (new): (12a) in Article 24 (1), the following point is added: / (ca) the child’s right to be heard and the best interests of the child are ensured during the criminal investigations and proceedings, in accordance with Article 10’;

Removed:Article 1 – paragraph 1 – point 13 a (new): (13a) Article 25 is amended as follows:

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point a (new), Article 25 – paragraph 1: (a) paragraph 1 is replaced by the following: / 1. Member States shall ensure that officials of public authorities, bodies and institutions likely to come into contact with victims, such as police officers and court staff, receive both general and specialist training to a level appropriate to their contact with victims to increase their awareness of the needs of victims, to avoid secondary victimisation and to enable them to recognise victims, communicate, and deal with them in an impartial, respectful, non-discriminatory, and professional manner and where relevant, also in a trauma-sensitive, gender-sensitive and child-sensitive manner;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point b (new), Article 25 – paragraph 1 a (new): (b) the following paragraph is inserted: / 1a. In order to ensure comprehensive support and protection to victims, Member States shall develop practical guidelines to help translate the obligations for assessing victims’ protection and support needs into practical steps for competent authorities, such as law enforcement authorities;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point c (new), Article 25 – paragraph 2: (c) paragraph 2 is replaced by the following: / 2. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall take the measures necessary to ensure that both general and specialist training is provided for judges and prosecutors involved in criminal proceedings and investigations with respect to the objectives of this Directive and appropriate to the functions of the involved staff and authorities to increase their awareness of the needs of victims and to treat victims in a trauma-sensitive, gender-sensitive and child-sensitive manner, avoiding secondary victimisation;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point d (new), Article 25 – paragraph 3: (d) paragraph 3 is replaced by the following: / 3. With due respect for the independence of the legal profession, Member States shall ensure that those responsible for the training of lawyers make available both general and specialist training to increase the awareness of lawyers of the needs of victims and to treat victims in a trauma-sensitive, gender-sensitive and child-sensitive manner, avoiding secondary victimisation;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point e (new), Article 25 – paragraph 4: (e) paragraph 4 is replaced by the following: / 4. Through their public services or by funding victim support organisations, Member States shall encourage initiatives enabling those providing victim support and restorative justice services to receive adequate training to a level appropriate to their contact with victims and observe professional standards to ensure such services are provided in an impartial, respectful, non-discriminatory, child sensitive and professional manner;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point f (new), Article 25 – paragraph 5: (f) paragraph 5 is replaced by the following: / 5. In accordance with the duties involved, and the nature and level of contact the practitioner has with victims, training shall cover general and specialist training, and shall aim to enable the practitioner to recognise victims, to understand the needs of victims as well as national law and procedures in relation to victims’ rights, to avoid secondary victimisation, and to treat them in a respectful, professional and non-discriminatory manner;

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point g (new), Article 25 – paragraph 5 a (new): (g) the following paragraphs are added: / 5a. Training referred to in paragraphs 1, 2, and 3 shall include specific guidance on co-ordinated multi-agency cooperation, in accordance with Article 26a, allowing for a comprehensive, efficient and appropriate handling of referrals among the different competent authorities.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point g (new), Article 25 – paragraph 5 b (new): 5b. Member States shall encourage the development of interdisciplinary training among the staff of the different authorities who are likely to come in contact with victims, where relevant with the cooperation of non-governmental organisations, to enhance cooperation and coordination among authorities.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point g (new), Article 25 – paragraph 5 c (new): 5c. The Member States shall promote training for the staff of competent authorities, who are in contact with victims, to enable them to respond to the specific needs of victims of cybercrime, including online forms of violence against women or child sexual abuse.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 a (new) – point g (new), Article 25 – paragraph 5 d (new): 5d. Training activities referred to in paragraphs 1 to 5 and 8 shall be carried out regularly. Member States shall take measures to support bodies and organisations responsible for carrying out such training activities to develop, deliver and ensure the receipt of such training activities as well as its quality and availability throughout the territory of the Member States.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 13 b (new), Article 25 a (new): (13b) the following article is inserted: / “Article 25a / Awareness raising and communication of victims´ rights / 1. Member States shall ensure that regular awareness-raising campaigns are carried out at national level in order to ensure that victims are aware of their rights under this Directive. These campaigns shall be conducted through a variety of channels and ensure the delivery of information to victims in a consistent manner across the territories of Member States. / 2. Member States shall establish a dedicated website to provide information to the public on reporting a crime, victims´ rights, available general and specialist victim support services, functioning of the justice system as well as relevant procedures and application processes. The website shall be written in plain language and be easily accessible, including for persons with disabilities. Member States shall ensure that the content of information communicated to victims is developed in collaboration with civil society organisations and that the content is consistent and regularly updated to ensure accuracy. / 3. Member States shall ensure enhanced measures addressing the needs of victims who face higher barriers to communication, including but not limited to victims who are residents of a Member State other than where the crime was committed, victims with disabilities and child victims. / 4. Member States shall ensure that measures are put in place to increase the awareness of victims on where to obtain…

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 14, Article 26a – title: Protocols for national coordination and cooperation

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 14, Article 26a – paragraph 1 – introductory part: 1. Member States shall establish and implement specific protocols on the efficient and consistent organisation of services and actions under this Directive by the competent authorities, victim support services, bodies and institutions dealing with victims of crime and other persons coming in contact with victims. The protocols shall be drawn up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services and in consultation with civil society organisations and relevant professional organisations. The specific protocols shall aim as a minimum at ensuring that:

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 14, Article 26a – paragraph 1 – point b: (b) victims who are in detention including jails, detention centres and holding cells for suspects and accused persons, specialised detention facilities where irregular migrants or applicants of international protection are located.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 14, Article 26a – paragraph 1 – point b a (new): (ba) victims in accommodation facilities where they are not permitted to leave at will, such as reception or accommodation facilities, where irregular illegal migrants or applicants and beneficiaries of international protection are located, as well as specialised accommodation for person with disabilities, children and elderly people, including mental health and social care institutions, orphanages and retirement homes, and any other form of public or private custodial setting under control of any judicial, administrative or other public authority, or any private institution from which the victim is not permitted to leave at will.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 14, Article 26a – paragraph 1 – point c: (c) individual assessment of victims’ needs for support and protection as referred to in Article 22, and provision of support services for victims with specific needs, take into account the victims’ individual needs at different stages of the criminal procedure, including through the effective coordination and cooperation among competent authorities and general and specialist victim support services during this process, including through clear referral protocols.

Removed:Directive 2012/29/EU

Removed:Article 1 – paragraph 1 – point 14, Article 26a – paragraph 1 – point c a (new): (ca) competent authorities who are likely to come into contact with victims are trained in a targeted and regular manner to ensure victims are identified and receive appropriate support and protection in accordance with Article 25.