Annexes to COM(2022)209 - Rules to prevent and combat child sexual abuse

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dossier COM(2022)209 - Rules to prevent and combat child sexual abuse.
document COM(2022)209 EN
date May 11, 2022
Annex.

3.2.5.Compatibility with the current multiannual financial framework

    The proposal/initiative is compatible the current multiannual financial framework.

⌧    The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

The proposal includes additional financial and human resources for CSA Centre. The budgetary impact of the additional financial resources for CSA will be offset through a compensatory reduction from programmed spending under Heading 5.

◻    The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework 67 .

3.2.6.Third-party contributions

⌧ The proposal/initiative does not provide for co-financing by third parties.

The proposal/initiative provides for the co-financing estimated below:

EUR million (to three decimal places)

Year
N
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the duration of the impact (see point 1.6)Total
Specify the co-financing body 
TOTAL appropriations co-financed


3.3.Estimated impact on revenue

    The proposal/initiative has no financial impact on revenue.

    The proposal/initiative has the following financial impact:

–    on own resources

–    on other revenue

–◻ please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:Appropriations available for the current financial yearImpact of the proposal/initiative 68
Year
N
Year
N+1
Year
N+2
Year
N+3
Enter as many years as necessary to show the duration of the impact (see point 1.6)
Article ………….

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

[…]

Specify the method for calculating the impact on revenue.

[…]

1. ANNEX to the Legislative Financial Statement

Name of the proposal/initiative:

Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse

1. NUMBER and COST of HUMAN RESOURCES CONSIDERED NECESSARY

2. COST of OTHER ADMINISTRATIVE EXPENDITURE

3. TOTAL ADMINISTRATIVE COSTS

4. METHODS of CALCULATION USED for ESTIMATING COSTS

4.1.Human resources

4.2.Other administrative expenditure

This annex must accompany the legislative financial statement when the inter-services consultation is launched.

The data tables are used as a source for the tables contained in the legislative financial statement. They are strictly for internal use within the Commission.


1. Cost of human resources considered necessary

    The proposal/initiative does not require the use of human resources

☑    The proposal/initiative requires the use of human resources, as explained below:

EUR million (to three decimal places)

HEADING 7

of the multiannual financial framework
202220232024202520262027TOTAL
FTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriations
□ Establishment plan posts (officials and temporary staff)
20 01 02 01 - Headquarters and Representation officesAD20,15750,56050,81750,83350,85050,86754.084
AST
20 01 02 03 - Union DelegationsAD
AST
□ External staff 69
20 02 01 and 20 02 02 – External personnel – Headquarters and Representation officesAC00,00030,13030,26530,27130,27630,28231,224
END10,04410,09010,09210,09310,09510,09710,511
INT
20 02 03 – External personnel - Union DelegationsAC
AL
END
INT
JPD
Other HR related budget lines (specify)
Subtotal HR – HEADING 730,20190,78091,17491,19791,22191,24595,818


The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Outside HEADING 7

of the multiannual financial framework
202220232024202520262027TOTAL
FTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriations
□ Establishment plan posts (officials and temporary staff)
01 01 01 01 Indirect Research 70

01 01 01 11 Direct Research

Other (please specify)
AD
AST
□ External staff 71
External staff from operational appropriations (former ‘BA’ lines).- at Headquarters
AC
END
INT
- in Union delegations
AC
AL
END
INT
JPD
01 01 01 02 Indirect Research

01 01 01 12 Direct research

Other (please specify) 72
AC
END
INT
Other budget lines HR related (specify)
Subtotal HR – Outside HEADING 7
Total HR (all MFF Headings)30,20190,78091,17491,19791,22191,24595,818
Outside HEADING 7

of the multiannual financial framework
202220232024202520262027TOTAL
FTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriationsFTEAppropriations
• Establishment plan posts (officials and temporary staff)
01 01 01 01 Indirect Research 73

01 01 01 11 Direct Research

Other (please specify)
AD
AST
• External staff 74
External staff from operational appropriations (former ‘BA’ lines).- at Headquarters
AC
END
INT
- in Union delegations
AC
AL
END
INT
JPD
01 01 01 02 Indirect Research

01 01 01 12 Direct research

Other (please specify) 75
AC
END
INT
Other budget lines HR related (specify)
Subtotal HR – Outside HEADING 7
Total HR (all MFF Headings)30,20190,78091,17491,19791,22191,24595,818


2. Cost of other administrative expenditure

    The proposal/initiative does not require the use of administrative appropriations

☑    The proposal/initiative requires the use of administrative appropriations, as explained below:

EUR million (to three decimal places)

HEADING 7

of the multiannual financial framework
202220232024202520262027Total
At headquarters or within EU territory:
20 02 06 01 - Mission and representation expenses0,0000,2000,2000,1000,0000,0000,500
20 02 06 02 - Conference and meeting costs0,0000,4600,4600,2300,0000,0001,150
20 02 06 03 - Committees 76
20 02 06 04 Studies and consultations
20 04 – IT expenditure (corporate) 77  
Other budget lines non-HR related (specify where necessary)
In Union delegations
20 02 07 01 - Missions, conferences and representation expenses
20 02 07 02 - Further training of staff
20 03 05 – Infrastructure and logistics
Other budget lines non-HR related (specify where necessary)
Subtotal Other - HEADING 7

of the multiannual financial framework
0,0000,6600,6600,3300,0000,0001,650


EUR million (to three decimal places)

Outside HEADING 7

of the multiannual financial framework
202220232024202520262027Total
Expenditure on technical and administrative assistance (not including external staff) from operational appropriations (former 'BA' lines):
- at Headquarters
- in Union delegations
Other management expenditure for research
Policy IT expenditure on operational programmes 78  
Corporate IT expenditure on operational programmes 79
Other budget lines non-HR related (specify where necessary)
Sub-total Other – Outside HEADING 7

of the multiannual financial framework
Total Other admin expenditure (all MFF Headings)0,0000,6600,6600,3300,0000,0001,650


3. Total administrative costs (all Headings MFF)

EUR million (to three decimal places)

Summary202220232024202520262027Total
Heading 7 - Human Resources0,2010,7801,1741,1971,2211,2455,818
Heading 7 – Other administrative expenditure0,6600,6600,3301,650
Sub-total Heading 7
Outside Heading 7 – Human Resources
Outside Heading 7 – Other administrative expenditure
Sub-total Other Headings
TOTAL

HEADING 7 and Outside HEADING 7
0,2011,4401,8341,5271,2211,2457,468


The administrative appropriations required will be met by the appropriations which are already assigned to management of the action and/or which have been redeployed, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of existing budgetary constraints.

4. Methods of calculation used to estimate costs

4.1 Human resources

This part sets out the method of calculation used to estimate the human resources considered necessary (workload assumptions, including specific jobs (Sysper 2 work profiles), staff categories and the corresponding average costs)

HEADING 7 of the multiannual financial framework
NB: The average costs for each category of staff at Headquarters are available on BudgWeb:

https://myintracomm.ec.europa.eu/budgweb/EN/pre/legalbasis/Pages/pre-040-020_preparation.aspx
ŸOfficials and temporary staff


The costs for the officials in the parent DG HOME have been calculated on the basis of the following average cost: EUR 157,000 per year (reference: Circular note of DG BUDGET to RUF, Ares(2021)7378761 of 30/11/2021), by applying an inflation increase of 2% per year from 2023.


The LFS proposes to use additional human resources in the parent DG (DG HOME), that is to say an additional 9 FTEs on top of those already working in the Security in the Digital Age policy area on the wider EU CSA Strategy and in administrative support.


The human resources are split as follows (in FTE):

* 5 AD
ŸExternal staff


The costs for the Seconded National Expert and Contractual Agents in the partner DG have been calculated on the basis of the following average cost: EUR 88,000 and EUR 85,000 per year, (reference: Circular note of DG BUDGET to RUF, Ares(2021)7378761 of 30/11/2021), by applying an inflation increase of 2% per year from 2023.


The human resources are split as follows (in FTE):

* 1 SNE and 3 AC

Outside HEADING 7 of the multiannual financial framework
□ Only posts financed from the research budget 

□ External staff

Outside HEADING 7 of the multiannual financial framework
• Only posts financed from the research budget 

• External staff



4.2 Other administrative expenditure

Give details of the method of calculation used for each budget line and in particular the underlying assumptions (e.g. number of meetings per year, average costs, etc.)

HEADING 7 of the multiannual financial framework
These costs will cover: operational activities (e.g. tech. meetings with stakeholders); support to expert networks (coord. activities, meetings); translation and interpretation; publishing and research dissemination; communication (incl. campaigns).

Outside HEADING 7 of the multiannual financial framework


(1) UN Charter of Fundamental Rights of the European Union, 2012/C 326/02 , 26 October 2012.
(2) UN General Comment No. 25 (2021) on Children’s Rights in Relation to the Digital Environment.
(3) One in Five Campaign , Council of Europe, 2010-2015.
(4) Economist Impact survey  of more than 5,000 18-20 year olds in 54 countries, published in the Global Threat Assessment, WeProtect Global Alliance, 2021 .
(5) UN Special Representative of the Secretary-General on Violence Against Children, Children with Disabilities .
(6) Directive 2011/93/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.
(7) EU strategy for a more effective fight against child sexual abuse , COM(2020) 607, 24 July 2020, p. 2.
(8) Proposed European Declaration on Digital Rights and Principles for the Digital Decade. COM(2022) 28 ,  26 January 2022.
(9) EU strategy on the rights of the child , COM(2021) 142, 24 March 2021.
(10) The 2021 reporting figure of approximately 29.4 million represents a 35% year-on-year increase, EU Cybertipline data snapshot NCMEC , accessed 11 March 2022.
(11) Illustrated by the setting up of diverse new or existing authorities responsible for monitoring and enforcing different obligations applicable to varying service provider types as constrained by the national laws of the Member States. See section 3 of Annex 5 of the Impact Assessment Report accompanying this proposal for further detail.
(12) See section 4, Fragmentation of rules for digital services, in Business Journeys on the Single Market: Practical Obstacles and Barriers , SWD(2020)54, 10 March 2020.
(13) Regulation 2021/1232/EU of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (Text with EEA relevance).
(14) COM(2022) 212, 11 May 2022.
(15) Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, CETS No. 201, 25 October 2997.
(16) Council of Europe Convention on Cybercrime, ETS No. 185, 23 November 2001.
(17) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(18) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.
(19) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
(20) Proposal for a regulation on a Single Market For Digital Services ( Digital Services Act ) and amending Directive 2000/31/EC, COM/2020/825 final, 15 December 2020.
(21) https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2545
(22) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA.
(23) CSAM is also the only type of illegal content whose mere possession is illegal.
(24) Cf. e.g. CJEU, Digital Rights Ireland, Joined Cases C-293/12 and C-594/12, Joined Cases C-511/18, C-512/18 and C-520/18 , para. 42.
(25) Art. 1, 3, 4 and 24 of the Charter , respectively.
(26) Art. 7 and 8 of the Charter , respectively.
(27) See in particular CJEU, La Quadrature du Net , Joined Cases C-511/18, C-512/18 and C-520/18, para. 126.
(28) Art. 7, 8 and 11 of the Charter , respectively.
(29) Cf. e.g. CJEU, Joined Cases C-511/18, C-512/18 and C-520/18 , para. 120.
(30) Art. 16 of the Charter .
(31) Cf. e.g. CJEU, Sky Österreich , Case C-283/11, para. 45-46.
(32) For example, Microsoft reports that the accuracy of its grooming detection tool is 88%, meaning that out of 100 conversations flagged as possible criminal solicitation of children, 12 can be excluded upon review and will not be reported to law enforcement; see annex 8 of the Impact Assessment.
(33) See Art. 6 Treaty on European Union (TEU).
(34) Directive (EU) 2018/1972 of the European Parliament and the Council of 11 December 2018 establishing the European Electronic Communications Code.
(35) OJ C , , p. .
(36) OJ C , , p. .
(37) OJ C , , p. .
(38) Directive 2011/93/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 (OJ L 335, 17.12.2011, p. 1).
(39) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
(40) Regulation (EU) …/… of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (OJ L ….).
(41) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media service (OJ L 95, 15.4.2010, p. 1).
(42) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
(43) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on privacy and electronic communications’) (OJ L 201, 31.7.2002, p. 37).
(44) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(45) Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (OJ L 274, 30.7.2021, p. 41).
(46) Inter-institutional Agreement of 13 April 2016 on Better Law Making (OJ L 123, 12.5.2016, p. 1).
(47) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(48) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(49) Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18). 
(50) Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36–41). 
(51) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1)
(52) OJ L 122, 10.5.2019, p. 1.
(53) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
(54) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
(55) Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).
(56) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, Official Journal L 145 , 31/05/2001 P. 0043 – 0048.
(57) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999. (OJ L 248, 18.9.2013, p. 1).
(58) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities. (OJ L 292, 15.11.1996, p. 2).
(59) EU strategy for a more effective fight against child sexual abuse, COM(2020)607 of 24/7/20
(60) As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(61) Details of management modes and references to Financial Regulation found on the BudgWeb site  
(62) C(2013) 3288 final of the 4th of June 4/6/2013
(63) Year 1 includes €5 million initial set-up costs for infrastructure (i.e. a database of indicators and building)
(64) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = Junior Professionals in Delegations.
(65) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(66) Mainly for the EU Cohesion Policy Funds, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime Fisheries and Aquaculture Fund (EMFAF).
(67) See Articles 12 and 13 of Council Regulation (EU, Euratom) No 2093/2020 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027.
(68) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
(69) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations.
(70) Please choose the relevant budget line, or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget line concerned
(71) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations.
(72) Please choose the relevant budget line, or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget line concerned
(73) Please choose the relevant budget line, or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget line concerned
(74) AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT= agency staff; JPD= Junior Professionals in Delegations.
(75) Please choose the relevant budget line, or specify another if necessary; in case more budget lines are concerned, staff should be differentiated by each budget line concerned
(76) Specify the type of committee and the group to which it belongs.
(77) The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7)
(78) The opinion of DG DIGIT – IT Investments Team is required (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020, page 7)
(79) This item includes local administrative systems and contributions to the co-financing of corporate IT systems (see the Guidelines on Financing of IT, C(2020)6126 final of 10.9.2020)