You don't even have to go that far. Criminalizing downloading is insane. It doesn't make sense, it cannot work. Example: someone posts a picture of their cat on any website, without mentioning distribution terms, anybody who downloads that picture is automatically at fault.
This is why I suspect this EU thing is not a blanket "let's get all downloaders" thing, but a rather more subtle approach.
You have to understand that in EU, not just in Netherlands but many countries, downloading is currently legal, period. What the law punishes is distribution ie. making available, uploading etc. But you can't go after uploaders who use protocols like BitTorrent, because any of them taken individually (usually) only upload pieces of files, not entire files. In order to be able to prosecute anybody for one download you'd have to keep track of all the IP's that provided all the file pieces, then identify the people behind them, then prove intent and knowledge of what they were doing, then prove collusion to break the law.
Given the privacy laws of most EU countries this is simply impossible. It won't even get past identifying people behind IP's, let alone seizing evidence to prove intent, knowledge and collusion. It's a chicken and egg problem: you need identities and evidence to prove they did something wrong, but you can't get identities and evidence until you prove it.
So I expect that this thing is about relaxing copyright and/or privacy laws so it allows media companies to get warrants for people that engage in certain "obvious" file sharing activities, on the downloading side, so they can identify them and get evidence. Even so, I'm not 100% sure how it would work. Simple participation in a BT swarm doesn't mean you get even a single file, and if you do you still have to prove intent and knowledge before you get your warrant. And if they hope to get warrants without proof... that opens a very big can of worms.