27 Amendments of Christine SCHNEIDER related to 2022/0426(COD)
Amendment 51 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of all victims, taking into account the gender perspective. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
Amendment 52 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States should also note that the offence of harbouring described in Article 2(1) also means that the exploited victims are housed at disproportionately high prices in housing that is not proportionate to the rent. Harbouring therefore also means cases where either the trafficker himself or another landlord takes advantage of the ignorance or lack of alternatives of the exploited victims and makes substantial profits from this. Another landlord does not have to be part of the criminal infrastructure of the traffickers. It is sufficient that the landlord takes advantage of the predicaments that the traffickers have brought about.
Amendment 55 #
Proposal for a directive
Recital 3
Recital 3
(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, targeted and specialised assistance to and support for victims of trafficking and of the cooperation and coordination at EU level. _________________ 29 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021–2025, COM(2021) 171 final, 14.4.2021.
Amendment 70 #
(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. T leading to a sharp increase of victims exploited online. The online dimension has become a significant and growing threat in regards to trafficking in human beings as traffickers use the iInternet and social media inter alia toas a method to establish comprehensive trafficking networks, communicate with other traffickers, recruit, advertise or exploit victims, exercise control and organise transport and accommodations. Internet and social media are also used to distribute exploitative materials. Information technology also hampers timely and geographical detection of the crime and identification of the victims and perpetrators. It is therefore important to explicitly include the online dimension of the crime into the legal frameworkin all its aspects and the linkage between the online and offline dimension of the crime into the legal framework in all its dimensions and to address it from prevention to prosecution.
Amendment 74 #
Proposal for a directive
Recital 7
Recital 7
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims, should be made a priority. Member States should, to that effect, establish a national victims fund based on the confiscated assets and Union trans- border law enforcement counter-trafficking activities, should be encouraged. _________________ 30 COM (2022) 245.
Amendment 82 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to enhance the national prevention capability to identify victims at an early stage, and to refer them to the appropriate and specialised protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation and coordination.
Amendment 85 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to ensure sufficient protection, support and assistance to potential victims of trafficking, it is necessary to ensure that victims are not charged with administrative or criminal offences or excluded from physical and psychological support measures because of their residence status.
Amendment 89 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) International protection and residence status applications are conditional on the cooperation of the victim with competent authorities to ensure sufficient incentives for collaboration leading to an effective investigation, thus addressing the cynical business of traffickers and ensuring an access point for law enforcement to combat trafficking networks.
Amendment 90 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Given that 3 out of 4 trafficking cases concern women and that women and men are often trafficked for different purposes, it is important to have a gender- specific approach where appropriate in regards to support and assistance measures.
Amendment 105 #
Proposal for a directive
Recital 10
Recital 10
(10) The collection of accurate and coherent data and the timely publication of collected data and statistics are fundamental to ensure full knowledge on the scope of trafficking in human beings within the Union. Introducing a requirement for Member States in cooperation with relevant EU Agencies to collect and report to the Commission statistical data on trafficking in human beings every year in a harmonised way is expected to constitute a relevant step to enhance the general understanding of the phenomenon and to ensure the adoption of data- informed policies and strategies. Due to the importance of having up-to-date statistical data as soon as possible it is appropriate to determine the date of the application of the article on data collection at the earliest point in time, which is the entry into force of this Directive.
Amendment 107 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In the light of the Stockholm Programme and with a view to developing a consolidated Union strategy against trafficking in human beings aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat such trafficking, Member States should, in order to commend the good work done by the EU Anti-Trafficking Coordinator in coordinating the EU’s response to trafficking in human beings and developing knowledge and findings on the various aspects of trafficking in human beings, including research into the gender dimension and the particular vulnerability of children, facilitate the tasks of an anti- trafficking coordinator, which may include for example improving coordination and coherence, avoiding duplication of effort, between Union institutions and related agencies as well as between Member States and inter-national actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against trafficking in human beings or reporting to the Union institutions.
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
In Article 2, paragraph 3 is replaced by the following: "3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs. It shall also include cases of in-person interaction and intimate acts committed remotely through the misuse of information and communication technologies." Or. en (32011L0036)
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/EU
Article 7 – Paragraph 2 (new)
Article 7 – Paragraph 2 (new)
In article 7, the following paragraph is added: 1. Member States shall take the necessary measures to ensure that their competent authorities are entitled to trace, freeze, manage and confiscate, in accordance with Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]32 , the proceeds derived from, and instrumentalities used or intended to be used for the commission, or contribution to the commission, of the offences referred to in this Directive. 2. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to reverse the burden of proof in order to facilitate the freezing and confiscation in cases referred to in Articles 2 and 3. _________________ 32 COM (2022) 245.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Directive 2011/36/EU
Article 8
Article 8
in Article 8, the following paragraphs are added: "1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that the competent national authorities take decisions referred to in paragraph 1 depending on the efficient cooperation of the victim in the criminal investigation, prosecution or trial, if this conditionality is considered necessary for the prosecution by the competent authorities. 3. In accordance with the principle of non-discrimination, the principle of protection of victims and the right to effective access to justice, Member States shall ensure support and prevention measures apply to all victims in order to avoid their re-victimisation. 4. Member States shall support a close cooperation between law enforcement authorities and competent non-governmental organizations, which have already an established trustful link with European and national law enforcement agencies, in order to support a linkage between victims and law enforcement with regards to the significance of the testimony of victims and their willingness to cooperate for the prosecution of any act referred to in Article 2 and 3." Or. en (32011L0036)
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Directive 2011/36/EU
Article 9
Article 9
Article 9 is replaced by the following: "1. Member States shall ensure that investigation into or prosecution of offences referred to in Articles 2 and 3 is not dependent on reporting or accusation by a victim or their legal representative and that criminal proceedings may continue even if the victim has withdrawn his or her statement or formal accusation. 2. Member States shall take the necessary measures to enable, where the nature of the act calls for it, the prosecution of an offence referred to in Articles 2 and 3 for a sufficient period of time after the victim has reached the age of majority. 3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly. , in a gender sensitive way. 4. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3. 5. Member States shall take the necessary measures to ensure that penalties caused by an offence referred to in Articles 2 and 3 are reduced in case of a user’s voluntary willingness to cooperate in the investigation. 6. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties for an offence referred to in Article 18a (1), if the accused person is cooperating with the authorities and the testimony given is of substantial value for the prosecution of offences referred to in Articles 2 and 3." Or. en (32011L0036)
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Directive 2011/36/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
In Article 11, paragraph 1 is replaced by the following: "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 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. in a child and gender sensitive approach. This assistance and support should be available even if the victim does not want to pursue charges." Or. en (32011L0036)
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 e (new)
Article 1 – paragraph 1 e (new)
Directive 2011/36/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with specialised physical and psychological assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. " Or. en (32011L0036)
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In Article 11, the following paragraph is inserted: Member States shall ensure that victims of human trafficking can claim international protection or similar forms of protection provided by national legislation where the willingness of victims to cooperate with national law enforcements is sufficiently assessed.
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 f (new)
Article 1 – paragraph 1 f (new)
Directive 2011/36/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
In Article 11, paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. , together with providing the resources for their economic and social recovery through access to training and employment. As for child victims, they should have access to specialised child protection and support services, including child friendly shelters and facilities." Or. en (32011L0036)
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 g (new)
Article 1 – paragraph 1 g (new)
Directive 2011/36/EU
Article 16 – paragraph 1
Article 16 – paragraph 1
In Article 16, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, as referred to in Article 14(1), take due account of the personal and special circumstances of the unaccompanied child victim. Law enforcement authorities should be adequately trained for assisting and supporting unaccompanied minors." Or. en (32011L0036)
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 h (new)
Article 1 – paragraph 1 h (new)
Directive 2011/36/EU
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 i (new)
Article 1 – paragraph 1 i (new)
Directive 2011/36/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
In Article 18, paragraph 1 is replaced by the following: "1. Member States shall take appropriate measures, such as education and training, with a specific attention to the online dimension, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings. " Or. en (32011L0036)
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 j (new)
Article 1 – paragraph 1 j (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
In Article 18, paragraph 2 is replaced by the following: "2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research and education programmes, for potential victims, specifically targeted at women and girls and potential users, promotion of digital literacy and skills, in a gender sensitive and child friendly way and where appropriate in cooperation with relevant civil society organisations and other stakeholders such as online platforms, aimed at raising awareness and reducing the risk of people, especially children, becoming victims of trafficking in human beings. " Or. en (32011L0036)
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 k (new)
Article 1 – paragraph 1 k (new)
Directive 2011/36/EU
Article 18 – paragraph 3
Article 18 – paragraph 3
In Article 18, paragraph 3 is replaced by the following: "3. Member States shall promote regular specialised training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, judges, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings. " Or. en (32011L0036)
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 l (new)
Article 1 – paragraph 1 l (new)
Directive 2011/36/EU
Article 19
Article 19
Article 19 is replaced by the following: "Member States shall take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting. The information and data shall be collected in cooperation with the relevant EU agencies to ensure efficient cross-border collaboration." Or. en (32011L0036)
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 1 a (new)
Article 19 a – paragraph 1 a (new)
1a. The data collection shall be done in cooperation with relevant EU agencies.
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 m (new)
Article 1 – paragraph 1 m (new)
Directive 2011/36/EU
Article 20
Article 20
Article 20 is replaced by the following: "In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of an anti- trafficking coordinator (ATC). In particular, Member States shall transmit to the ATC the information referred to in Article 19, and the data referred to in 19a, on the basis of which the ATC shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against trafficking in human beings. " Or. en (32011L0036)