Activities of Edit BAUER related to 2010/0065(COD)
Plenary speeches (2)
Trafficking in human beings (debate)
Trafficking in human beings (debate)
Reports (1)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA PDF (362 KB) DOC (328 KB)
Amendments (22)
Amendment 58 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive adopts an integrated and holistic approach to the fight against trafficking in human beings and when implementing, the Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities1 and Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals2 should be taken into consideration. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this Directive. Children are more vulnerable and therefore at greater risk of falling victim to trafficking in human beings. In the application of the provisions of this Directive the child's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and United Nations Convention on the Rights of the Child. In implementing this Directive due attention should be paid to consistency with Directive 2010/.../EU of the European Parliament and of the Council of... [on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA]. _________ 1 OJ L 261, 6.8.2004, p. 19. 2 OJ L 168, 30.6.2009, p. 24.
Amendment 62 #
Proposal for a directive
Recital 5
Recital 5
(5) In order to tackle recent developments in the phenomenon of trafficking in human beings, this Directive adopts a broader concept of what should be considered trafficking in human beings than under Framework Decision 2002/629/JHA and therefore includes additional forms of exploitation. Within the context of this Directive, forced begging should be understood as a form of forced labour or service as defined in the ILO Convention No. 29 concerning Forced or Compulsory Labour of 29 June 1930. Therefore, exploitation ofor begging, including the use of a trafficked dependent person for begging falls within the scope of the definition of trafficking in human beings only when all the elements of forced labour or services occur. In the light of the relevant case-law, the validity of the eventual consent to perform such a service should be evaluated case by case. However, when a child is concerned, the eventual consent should never be considered valid. The term “exploitation of criminal activities” should be understood as exploitation of a person to commit, inter alia, pick-pocketing, shop-lifting and other similar activities which are subject to penalties and imply financial gain. The definition also covers trafficking in human beings for the purpose of the removal of organs, which can be linked with organ trafficking and constitutes a serious violation of human dignity and physical integrity.
Amendment 69 #
Proposal for a directive
Recital 6
Recital 6
(6) The levels of penalties in this Directive reflect the growing concern among Member States about increased trafficking in human beings. Considering the gravity of the crime, this Directive aims to ensure further harmonisation and a higher level of penalties in the EU. When the offence is committed in certain circumstances, for example against a particularly vulnerable victim, the penalty should be more severe. In the context of this Directive, particularly vulnerable persons should include at least all children, and adults who were particularly vulnerable on grounds of pregnancy, health conditions or, disability at the time when the crime was committedor if the victim has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. When the offence is particularly grave, for example when the life of the victim has been endangered or the offence has involved serious violence or has caused particularly serious harm to the victim, this should be reflected in a particularly severe penalty. When, under this Directive, a reference is made to surrender, such reference should be interpreted in accordance with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Amendment 73 #
Proposal for a directive
Recital 8
Recital 8
(8) To ensure that investigations and prosecutions of human trafficking offences weare successful, their initiation should not depend on reporting or accusation by the victim. Prosecution should be allowed for a sufficient period of time after the victim has reached the age of majority. Law enforcement officials and prosecutors should be adequately trained, also with a view to enhancing international law enforcement and judicial cooperationIn accordance with national law, Member States shall take the necessary measures to enable the prosecution for the offences provided in this Directive, after the victim has reached the age of majority. Investigations should take due account of the information and communication technologies used for the commission of the offence and develop specific tools to prevent and tackle trafficking facilitated by the Internet. Those responsible for investigating and prosecuting such offences should also have access to the investigative tools used in organised crime or other serious crime cases such as interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts and other financial investigations.
Amendment 93 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should establish and/or strengthen policies to prevent trafficking in human beings including measures to discourage the demand that fosters all forms of exploitation, and measures to reduce the risk of people falling victims to trafficking in human beings, by means of research, information, awareness raising, and education. In such initiatives Member States should adopt a gender perspective and a child rights approach. Any officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. Thicluding research into new forms of trafficking in human beings, information, harmonised data collection, awareness trainsing obligation would in particular cover police officers, border guards, labour inspectors, health care personnel and consular staff, but could depending on local circumstances also involve other groups of public officials that are likely to encounter trafficking victims in their work, and education. In such initiatives Member States should adopt a gender perspective and a child rights approach.
Amendment 100 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Comparable statistics to be collected should at least include data on number of people trafficked, including data on gender, age, nationality of the victims as well as the form of trafficking; type of services victims were addressed to, number of traffickers arrested, prosecuted and convicted the referral mechanisms to the national asylum authorities.
Amendment 104 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) Commission and Member States shall make distinction between clients according to their intentions. Clients of organ trafficking should not be treated on an equal footing with the clients of other forms of trafficking due to the fact that in case of organ trafficking the life of the client is at stake.
Amendment 105 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) Officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained in identifying and dealing with such victims. This training obligation should in particular apply to police officers, border guards, persons serving in detention facilities for migrants and immigration officials, judges and judicial staff, labour inspectors, social, child and health care personnel and consular staff, but could, depending on local circumstances, also involve other groups of public officials who are likely to encounter g victims of trafficking in human beings in their work. Law enforcement officials and prosecutors should also be adequately trained, with a view to enhancing international law enforcement and judicial cooperation.
Amendment 106 #
Proposal for a directive
Recital 15 d (new)
Recital 15 d (new)
(15d) Inspection and enforcement mechanisms relating to employment law should be strengthened in all Member States. Member States should ensure that they have the necessary legal framework in place and that the relevant mechanisms, training and adequate technical resources are available to enable Member States to fulfil their legal obligations, with officials from inspection bodies being given responsibility , in close cooperation with trade unions, and being provided with information and awareness training to enable them to recognise victims of trafficking whose labour is being exploited. Member States should strengthen cooperation and coordination at Union level in this area, including in cooperation with the European Economic and Social Committee, the European Trade Unions Confederation, social partners and other interested parties. The Council should also consider the networking of national labour inspection.
Amendment 111 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Union shall establish, under the supervision of the Commissioner for Home Affairs, an EU Anti-trafficking Coordinator to coordinate Union action and policies in this field, including the activities of the network of national rapporteurs, and reporting to the European Parliament.
Amendment 112 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) The EU Anti-Trafficking Coordinator shall regularly prepare a comparative study evaluating the national action plans on trafficking in human beings, especially pointing out the best practices. The study shall be presented to the European Parliament, the national parliaments, the European Commission and the Council.
Amendment 132 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that the proceeds of crime and profits from the offences referred to in this Directive are seized and confiscated.
Amendment 134 #
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. Member States shall take the necessary measures to ensure that the proceeds of crime and profits seized and confiscated under this Directive are used to support victim assistance and protection, including compensation of victims and law enforcement counter trafficking activities.
Amendment 139 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that the proceeds of crime and profits from the offences referred to in this Directive are seized and confiscated.
Amendment 140 #
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that the proceeds of crime and profits seized and confiscated under this Directive are used to support victim assistance and protection, including compensation of victims and law enforcement counter trafficking activities.
Amendment 141 #
Proposal for a directive
Article 7
Article 7
Member States shall, in accordance with the basic principles of its legal system, provide for the possibility of not prosecutinge or imposinge penalties on victims of trafficking in human beings for their involvement in criminaoffences under national legislation on prostitution or immigration and/or their involvement in other unlawful 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.
Amendment 146 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to ensure that evidence is gathered and secured as soon as possible by means of, for instance, the video recording of victims' statements.
Amendment 173 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall provide for mechanisms to compensate victims of trafficking in human beings irrespective of the fact if proceeds of crime were seized or not.
Amendment 174 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Without prejudice to the right of the defence, Member States shall allow, if in accordance with the basic principles of its legal system and where appropriate,take any measure in order to ensure the highest protection of a victim of trafficking in human beings acting as a witness, including the use of video conference. This protection should also ensure that the identity of a victim of trafficking in human beings acting as a witness is not disclosed.
Amendment 208 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall consider takingtake measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2 with the knowledge that the person is a victim of an offence referred to in Article 2, unless those cases where the client helped the victims, or unless the use of the service was determined by a concrete risk for the life of the users or by humanitarian reasons, or a person was strongly coerced into using the services, or when the client helped to identify and rescue the victim.
Amendment 215 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Member States shall establish or support the existing free-of-charge multilingual hotline/helpline with a single European number, with the aim of providing first assistance to the victims. Member States should also take into consideration the possibility of reaching the free-of-charge hotline from outside the EU.
Amendment 226 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)