Activities of Juan Fernando LÓPEZ AGUILAR related to 2022/0426(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Amendments (65)
Amendment 29 #
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
having regard to the United Nations Convention against Transnational Organised Crime(‘the Palermo Convention’),
Amendment 30 #
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
having regard to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (‘the UN Trafficking Protocol’) supplementing the United Nations Convention against Transnational Organized Crime,
Amendment 31 #
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
having regard to the Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 32 #
Proposal for a directive
Citation 5 d (new)
Citation 5 d (new)
having regard to the UN Convention Relating to the Status of Refugees of 28 July 1951,
Amendment 33 #
Proposal for a directive
Citation 5 e (new)
Citation 5 e (new)
having regard to the UN Protocol Relating to the Status of Refugees of 31 January 1967,
Amendment 34 #
Proposal for a directive
Citation 5 f (new)
Citation 5 f (new)
having regard to the Charter of Fundamental Rights of the European Union,
Amendment 35 #
Proposal for a directive
Citation 5 g (new)
Citation 5 g (new)
having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 36 #
Proposal for a directive
Citation 5 h (new)
Citation 5 h (new)
having regard to the UN Convention on the Rights of the Child,
Amendment 37 #
Proposal for a directive
Citation 5 i (new)
Citation 5 i (new)
having regard to the UN Convention on the Rights of Persons with Disabilities,
Amendment 38 #
Proposal for a directive
Citation 5 j (new)
Citation 5 j (new)
having regard to Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted,
Amendment 39 #
Proposal for a directive
Citation 5 k (new)
Citation 5 k (new)
having regard to Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection],
Amendment 40 #
Proposal for a directive
Citation 5 l (new)
Citation 5 l (new)
having regard to Regulation EU/XX/YY of the European Parliament and of the Council [Proposed Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU],
Amendment 41 #
Proposal for a directive
Citation 5 m (new)
Citation 5 m (new)
having regard to Directive 2004/81/EC of the European Parliament and the Council 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 authorities,
Amendment 43 #
Proposal for a directive
Recital 1
Recital 1
(1) Trafficking in human beings is a serious crime, often committed within the framework of organised crime, a gross violation of fundamental rights and explicitly prohibited by the Charter of Fundamental Rights of the European Union. Preventing and combatting trafficking in human beings remains a priority for the Union and a legal obligation of the Member States.
Amendment 49 #
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 victims, taking into account the gender and disability 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 95 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important criminalise the use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to demand reduction, which aims to tackle the high levels of demand that fosters all forms of exploitation.
Amendment 101 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Persons with disabilities, including women and girls with disabilities, and persons with intellectual or psychosocial disabilities, are at an increased risk of becoming victims of trafficking of human being. Perpetrators may target them due to their disability and the barriers they face to report the offence and access justice.
Amendment 104 #
Proposal for a directive
Recital 10
Recital 10
(10) The collection of accurate and coherent data and, reliable, coherent, anonymised data disaggregated by at least gender, racial and ethnic origin, age, socio-economic class and nationality and comparable across Member States as well as 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 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 109 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The child’s best interests must be a primary consideration when carrying out any measures to combat the offences referred to in this Directive in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.
Amendment 110 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The assessment of whether the victims of human trafficking needs special procedural guarantees and special reception needs, as provided for in the Regulation EU/XX/YY of the European Parliament and of the Council [Proposed Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU] and Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on laying down standards for the reception of applicants for international protection], is hardly practiced or carried out partially in certain Member States.
Amendment 111 #
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) All Member States must comply with the principle of non-refoulement, which prohibits States from transferring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparable harm upon return, including persecution, torture, ill- treatment or other serious human rights violation. The principle of non- refoulement binds all Member States in accordance with the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union.
Amendment 112 #
Proposal for a directive
Recital 10 d (new)
Recital 10 d (new)
(10d) Short-term assistance and support are not sufficient for victims of trafficking who fear persecution or other serious human rights violations and cannot return home. Such persons need international protection as provided for in the Convention Relating to the Status of Refugees and the Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted], in international human rights law or subsidiary forms of protection under regional and national law. This entails protection against refoulement and in some instances, the granting of asylum, subsidiary protection or another protection status.
Amendment 113 #
Proposal for a directive
Recital 10 e (new)
Recital 10 e (new)
(10e) Inherent in the trafficking experience are different forms of severe exploitation as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, the deprivation of medical treatment, among others. Such acts constitute serious violations of human rights, which might amount to persecution and therefore, justify the granting of International Protection to the person of concern.
Amendment 114 #
Proposal for a directive
Recital 10 f (new)
Recital 10 f (new)
(10f) There is a very low number of registered victims of human trafficking in International Protection procedures across the European Union. Applicants for International Protection who are identified as victims of human trafficking might have been obliged to change from the asylum procedure and claim a residence permit under 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 authorities in some Member States.
Amendment 115 #
Proposal for a directive
Recital 10 g (new)
Recital 10 g (new)
(10g) In view of the complexities of the asylum applications of victims of trafficking, their applications should not be examined in the framework of a border procedure. Such applications require a fully-fledged examination by the competent national authorities through the established asylum procedure in accordance with Regulation EU/XX/YY of the European Parliament and of the Council [Proposed Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU].
Amendment 116 #
Proposal for a directive
Recital 10 h (new)
Recital 10 h (new)
(10h) The trafficking of individuals across international borders gives rise to a complex situation, which requires a broad analysis taking into account the various forms of harm that have occurred at different points along the trafficking route. The continuous and interconnected nature of the range of persecutory acts involved in the context of transnational trafficking should be given due consideration.
Amendment 117 #
Proposal for a directive
Recital 10 i (new)
Recital 10 i (new)
(10i) Members of a certain race or ethnic group in a given country may be especially vulnerable to trafficking and/or less effectively protected by the authorities of the country of origin. Therefore, victims may be targeted on the basis of their ethnicity, nationality, religious, political views or belonging to a particular social group.
Amendment 118 #
Proposal for a directive
Recital 10 j (new)
Recital 10 j (new)
(10j) Humanitarian crises exacerbate the exposure of migrants, refugees and asylum-seekers to traffickers. The lack of safe and legal migration pathways for asylum seekers increases their vulnerability to trafficking.
Amendment 119 #
Proposal for a directive
Recital 10 k (new)
Recital 10 k (new)
(10k) In certain Member States, an approach based on the protection of the victims’ human rights is lacking in the implementation of national actions regarding the fight against trafficking. Certain Member States adopt an approach focused on prosecuting crimes during the identification process, instead of an approach focused on the victim’s rights and protection.
Amendment 120 #
Proposal for a directive
Recital 10 l (new)
Recital 10 l (new)
(10l) Member States should provide for special assistance and support to address the specific vulnerabilities of victims of trafficking. In doing so, Member states should provide assistance and support in a manner which takes into account the age, gender and special needs of victims of trafficking.
Amendment 121 #
Proposal for a directive
Recital 10 m (new)
Recital 10 m (new)
(10m) If protected and assisted, victims are less likely to abscond with the risk of being re-victimized and re-trafficked, and they are likely to be more open to participating voluntarily in criminal proceedings by giving evidence against traffickers, once trust has been built with support services and authorities.
Amendment 122 #
Proposal for a directive
Recital 10 n (new)
Recital 10 n (new)
(10n) Member States should integrate counter-trafficking measures as part of any emergency response plans, including in crisis migratory situations, natural disasters, and pandemic contexts. Such measures should be carried out from the onset of any crisis and should include child protection measures.
Amendment 125 #
Proposal for a directive
Recital 12
Recital 12
(12) The Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the respect and protection of human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the right to the bodily and mental integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the equality between women and men, the rights of the child, the rights of persons with disabilities, and the prohibition of child labour, the right to an effective remedy and to a fair trial, the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles, which are to be implemented accordingly.
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
(1a) in Article 2, paragraph 3, “including pornography” is added after "other forms of sexual exploitation".
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(2a) in Article 4, paragraph 2a the following sentence is added: "(a) was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims; and persons with a state of physical, mental, intellectual or sensory disability;" Or. en (Directive 2011/36/EU)
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – point e (new)
Article 4 – paragraph 2 – point e (new)
(2a) in paragraph 2 of Article 4, the following point e) is inserted: “(e) was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances"
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – point e (new)
Article 4 – paragraph 2 – point e (new)
(2b) In Article 4, paragraph 2, the following point is inserted: "(e) new the offender has previously been convicted of offences of the same nature."
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2011/36/EU
Article 4 – paragraph 2 – point f (new)
Article 4 – paragraph 2 – point f (new)
(2b) In paragraph 2 of Article 4, the following point (f) is inserted: “(f) was committed through creation of sexually explicit content featuring a victim of trafficking and shared through electronic means to a wider audience.”
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2011/36/EU
Paragraph 5 – point 4 a (new)
Paragraph 5 – point 4 a (new)
(2c) in Article 5, a new paragraph is inserted: “4a. Members States shall take the necessary measures to ensure that legal persons operating, managing or controlling websites offering sexual services, no matter the place of their legal registration, can be held liable for the advertising of minors for sexual services on their websites"
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2011/36/EU
Article 5 a (new)
Article 5 a (new)
(2d) the following article is inserted after article 5: "Article 5a Measures to combat technology-facilitated trafficking 1. Member States shall take the necessary measures to ensure that online platforms, as defined by Article 3 (i) of Regulation 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC, no matter the place of their legal registration, and whose services are being used to facilitate or commit acts within the territory of Member States, carry out the following measures: a. Implement age verification mechanisms for, at minimum: (i) visitors of websites with sexually explicit content; (ii) individuals uploading content to higher-risk sites such as sexual service sites or pornographic sites; (iii) individuals depicted in sexually explicit materials; b. Implement consent verification mechanisms for individuals depicted in pornographic and sexually explicit content that is uploaded to any online platform prior to its distribution; c. Implement clear and publicly-accessible content-removal request mechanisms for non-consensual, sexually explicit materials."
Amendment 162 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/36/UE
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
in Article 7, the following paragraph is inserted: "1a. Member States shall take the necessary measures to ensure that the confiscated assets are used to fund victims’ services and further invest into investigation and prosecution of trafficking cases."
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
Article 8
(3a) Article 8 is replaced by the following: "Article 8 Non-punishment of the victim 1. Member States shall take the necessary measures, including specific penal provisions and prosecutorial guidelines, to ensure that victims of trafficking in human beings are not held liable under criminal, civil or administrative law, and are not detained, charged, prosecuted or otherwise punished for their involvement in unlawful activities, including criminal activities to the extent that such involvement is a direct consequence of their situation as victims of trafficking in human beings. 2. Member States shall take the necessary measures to ensure that any proceedings against a victim of trafficking in human beings is discontinued and any restrictions of victims’ rights including deprivation of liberty are terminated, when grounds for the application of the non-punishment provision have been found by competent authorities. 3. Member States shall take the necessary measures to ensure that police and criminal records of victims of trafficking in human beings are cleared and any sanctions including fines or other administrative sanctions are cancelled, when competent authorities have wrongfully failed to apply the non- punishment provision, and a criminal, civil or administrative proceeding has been initiated or a sentence has been pronounced against a victim. 4. Member States shall take the necessary measures to ensure that the application of the non-punishment principle is not made conditional on the cooperation of the victim in the criminal investigation, prosecution or trial. 5. Member States shall take the necessary measures to ensure that any decision concerning the application of the non-punishment provision is taken following an individual assessment by trained and qualified officials."
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
(3a) In Article 9, paragraph 3 is replaced by the following: "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 . Member States should ensure the creation of specialized units on the fight against trafficking within Member States’ police forces and prosecution." Or. en (Directive 2011/36/EU)
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2011/36/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
(3b) 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. Member States shall ensure that the victims have access to assistance free of charge and in a language they can understand." Or. en (Directive 2011/36/EU)
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
(4a) 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 long- term assistance and at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, access to education and labour market as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate. " Or. en (Directive 2011/36/EU)
Amendment 204 #
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/36/EU
Article 11
Article 11
(4a) In Article 11, the following paragraph is inserted: "8. Support services for victims of trafficking in human beings shall have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance."
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/36/EU
Article 11 a (new)
Article 11 a (new)
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/36/EU
Article 11 b (new)
Article 11 b (new)
(4d) The following article is inserted Article 11b (new): Stateless victims of trafficking 1. Member States shall take into consideration the particular protection needs of persons who are stateless or at risk of statelessness, including by introducing mechanisms to establish the identity and nationality status of trafficking victims in order to prevent them from being rendered stateless. 2. Member States shall identify whether trafficking victims are stateless and shall take the necessary measures to ensure their assistance, support and protection in accordance with article 11.
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 e (new)
Article 1 – paragraph 1 – point 4 e (new)
Directive 2011/36/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
(4e) in Article 12, paragraph 2 is replaced by the following: "2. Member States shall ensure that victims of trafficking in human beings have access without delay to legal counselling in a language they can understand, and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge where the victim does not have sufficient financial resources. .." Or. en (Directive 2011/36/EU)
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 f (new)
Article 1 – paragraph 1 – point 4 f (new)
Directive 2011/36/EU
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
(4f) in Article 13, the following paragraph is added: 2a (new) 2a. Member States shall ensure the early identification of child victims of trafficking who are also in need of International Protection, to ensure that any children who give any indication that they could be at risk of persecution are identified and referred to the competent national asylum authorities in accordance with article 11a.
Amendment 216 #
(4g) in Article 14, the following paragraph is added: "2a. Member States shall ensure that reporting procedures are safe, confidential and accessible for children, in accordance with their age and maturity."
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 h (new)
Article 1 – paragraph 1 – point 4 h (new)
Directive 2011/36/EU
Article 15 – paragraph 2
Article 15 – paragraph 2
(4h) in Article 15, paragraph 2 is replaced by the following: "2. Member States shall, in accordance with the role of victims in the relevant justice system, ensure that child victims have access without delay to free legal counselling in a language they can understand and to free legal representation, including for the purpose of claiming compensation, unless they have sufficient financial resources. " Or. en (Directive 2011/36/EU)
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 i (new)
Article 1 – paragraph 1 – point 4 i (new)
Directive 2011/36/EU
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(4i) in Article 15, paragraph 3a is replaced by the following: "(a) interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities; " Or. en (Directive 2011/36/EU)
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 j (new)
Article 1 – paragraph 1 – point 4 j (new)
Directive 2011/36/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
(4j) 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, where appropriate in cooperation with relevant civil society organisations and other stakeholders including partnerships with the private sector, aimed at raising awareness and reducing the risk of people, especially children and persons with disabilities, becoming victims of trafficking in human beings. " Or. en (Directive 2011/36/EU)
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 k (new)
Article 1 – paragraph 1 – point 4 k (new)
Directive 2011/36/EU
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 Directive 2011/36/EU
Article 1 – paragraph 1 – point 6 Directive 2011/36/EU
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services of people which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offenceof the prostitution of others or other forms of sexual exploitation as referred to in Article 2.
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
1a. For other cases of exploitation referred to in Article 2, Member States shall take the necessary measures to establish as a criminal offence the use of such services when the user knew or could have reasonably known that the person was a victim of such exploitation.
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Article 18
2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraph 1 and 1a is punishable by effective, proportionate and dissuasive penalties and sanctions.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2011/36/EU
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
(6a) in Article 19, the following paragraph 1 a is added: "1a. Member States shall regularly develop, adopt and implement National Action Plans to Combat Trafficking in Persons in consolation and participation with civil society organisations and the EU Anti-trafficking coordinator. National Action Plans should include measures to enhance the exchange of information and intelligence on transnational human trafficking."
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
Article 19 a – paragraph 2 – point a
(a) in Article 19a, paragraph 2 a is replaced by the following: "2a. the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenshipnationality or statelessness, and form of exploitation;"
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point b
Article 19 a – paragraph 2 – point b
(b) in Article 19a, paragraph 2 b is replaced by the following: "2b. the number of suspects of offences referred to in Article 2, disaggregated by sex, age groups (child/adult), citizenshipnationality or statelessness , and form of exploitation;"
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point c
Article 19 a – paragraph 2 – point c
(c) in Article 19a, paragraph 2 c is replaced by the following: "2c. the number of persons prosecuted for offences referred to in Article 2, disaggregated by sex, age groups (child/adult), citizenshipnationality or statelessness, form of exploitation, nature of the final decision to prosecute; "
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point e
Article 19 a – paragraph 2 – point e
(e) in Article 19a, paragraph 2 e is replaced by the following: "2e. the number of persons convicted for offences referred to in Article 2, disaggregated by sex, age groups (child/adult), citizenshipnationality or statelessness;
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2011/36/EU
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The Commission shall, [by fivthree years after transposition deadline], submit a report to the European Parliament and the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive, including in order to comply with Article 18a and the impact of such measures.