BETA

Activities of Timothy KIRKHOPE related to 2010/0065(COD)

Shadow 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)
2016/11/22
Committee: LIBE
Dossiers: 2010/0065(COD)
Documents: PDF(362 KB) DOC(328 KB)

Amendments (11)

Amendment 56 #
Proposal for a directive
Recital 2 a (new)
(2a) Poverty is a leading driver in the prevalence of trafficking in human beings, the EU has to do more to tackle poverty within the EU and outside of the EU.
2010/07/29
Committee: LIBEFEMM
Amendment 125 #
Proposal for a directive
Article 4
1. Member States shall take the necessary measures to ensure that an offence referred to in Article 2 is punishable by penalties of a maximum of at least five years of imprisonment. 2. Member States shall take the necessary measures to ensure that an offence referred to in Article 2 is punishable by penalties of a maximum of at least ten years of imprisonment where it has been committed in any of the following circumstances: (a) the offence was committed by a public official in relation to the performance of her or his duties; (b) the offence was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims, and adults who were particularly vulnerable on grounds of pregnancy, health conditions or disability; (c) the offence was committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/841/JHA. (d) the offence has deliberately or by gross negligence endangered the life of the victim; (e) the offence was committed by use of serious violence or has caused particularly serious harm to the victim. 3. Member States shall take the necessary measures to ensure that an offence referred to in Article 3 is punishable by effective, proportionate and dissuasive penalties, which may entail surrenderthe appropriate penalty is given. Member States are free to set penalties in accordance with their individual criminal legal systems.
2010/07/29
Committee: LIBEFEMM
Amendment 136 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall take the necessary measures toand are responsible for ensureing that legal persons can be held liable for an offence referred to in Articles 2 and 3 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on
2010/07/29
Committee: LIBEFEMM
Amendment 144 #
Proposal for a directive
Article 8 – paragraph 1
1. In accordance with their own national law 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 and that criminal proceedings may continue even if the victim has withdrawn his or her statement.
2010/07/29
Committee: LIBEFEMM
Amendment 145 #
Proposal for a directive
Article 8 – paragraph 2
2. In accordance with their own national law Member States shall take the necessary measures to enable 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.
2010/07/29
Committee: LIBEFEMM
Amendment 149 #
Proposal for a directive
Article 8 – paragraph 3
3. In accordance with their own national law Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting offences referred to in Articles 2 and 3 are trained accordingly.
2010/07/29
Committee: LIBEFEMM
Amendment 150 #
Proposal for a directive
Article 8 – paragraph 4
4. In accordance with their own national law 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 offences referred to in Articles 2 and 3.
2010/07/29
Committee: LIBEFEMM
Amendment 152 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. In accordance with their own national law Member States shall take the necessary measures to establish its jurisdiction over an offence referred to in Articles 2 and 3 where:
2010/07/29
Committee: LIBEFEMM
Amendment 155 #
Proposal for a directive
Article 10 – paragraph 1
1. Member States shall take the necessary measures, as deemed appropriate by their national government to ensure that assistance and support are provided to victims before, during and for an appropriate time after criminal proceedings in order to enable them to exercise the rights set forth in Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, and in this Directive.
2010/07/29
Committee: LIBEFEMM
Amendment 196 #
Proposal for a directive
Article 15 – paragraph 1
1. Member States shall take appropriatethe strongest measures to discourage the demand that fosters all forms of exploitation related to trafficking in human beings.
2010/07/29
Committee: LIBEFEMM
Amendment 216 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
4a. Member States are urged to coordinate and cooperate in the area of cross border crime in a manner which is conducive to crime prevention. The sharing of information, the sharing of best practice and continued open dialogue between law enforcement agencies are positive, preventative steps to tackle human trafficking.
2010/07/29
Committee: LIBEFEMM