14 Amendments of Georgios PAPANIKOLAOU related to 2010/0065(COD)
Amendment 66 #
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 of 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, drug related-crimes 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 74 #
Proposal for a directive
Recital 8
Recital 8
(8) To ensure that investigations and prosecutions of human trafficking offences were 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 cooperation. 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. It is of ultimate importance to prevent human trafficking, for that purpose Member States should attribute priority to the fight against human trafficking and improve by any means the criminal justice response to trafficking in persons.
Amendment 75 #
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 cooperation. Those responsible for investigating and prosecuting such offences should also have access to the special investigative tools that are already used in organised crime or other serious crime cases such as interception of communications, covert surveillance including electronic surveillance, under covered police forces, monitoring of bank accounts and other financial investigations. Investigations should take into due account the use of Internet by traffickers and develop specific tools to prevent and tackle trafficking via cyberspace.
Amendment 77 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States should promote police and judicial cooperation, in particular as regards to cross-border investigations. Joint investigation teams coordinated by Europol, are a good example in this field and they should be promoted. Member States could also benefit by sharing best practices.
Amendment 103 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The draft Directive establishing common entry and residence conditions for third-country seasonal workers should be duly taken into consideration in implementing this Directive.
Amendment 120 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
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, illegal adoption, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs such as drug related- crime, petty crime etc, or the removal of organs or trafficking into marriage or forced marriage.
Amendment 123 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. When the conduct referred to in paragraph 1 involves a child or a person suffering, permanently or temporarily, form severe mental or psychological disorders affecting his/her self- determination, it shall be a punishable trafficking in human beings offence even if none of the means set forth in paragraph 1 has been used.
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(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 mental or physical disability;
Amendment 130 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
d) the offence has deliberately or by gross negligence endangered the life of the victim;
Amendment 137 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) any other person acting under orders of any of the above mentioned persons;
Amendment 197 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations, aimed at raising awareness and reducing the risk of people, especially children, becoming victims of trafficking in human beings. The EU shall take similar initiatives in third countries so as to raise awareness regarding human trafficking.
Amendment 206 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The Member States shall take measures to enhance co-operation and co- ordination in information gathering and - sharing as well as in exchange of best practices among the responsible state authorities and encourage the involvement of civil society.
Amendment 212 #
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.
Amendment 218 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Member States shall pursue improvement of the response of their criminal justice in trafficking activities so as to prevent traffickers to operate / to go unpunished.