Procedure completed
2010/0065(COD) Preventing and combating trafficking in human beings, and protecting victims
Lead committee dossier: LIBE/7/02676
Legal Basis RoP 055, TFEU 082-p2, TFEU 083-p1-a1
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | FEMM | BAUER Edit (PPE), HEDH Anna (S&D) | |
| Opinion | JURI | LICHTENBERGER Eva (Verts/ALE) | |
| Lead | LIBE | BAUER Edit (PPE), HEDH Anna (S&D) | HIRSCH Nadja (ALDE), SARGENTINI Judith (Verts/ALE), KIRKHOPE Timothy (ECR), TAVARES Rui (GUE/NGL) |
Legal Basis RoP 055, TFEU 082-p2, TFEU 083-p1-a1
Subjects
Activites
- 2011/04/15 Final act published in Official Journal
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2011/04/05
Final act signed
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2011/04/05
End of procedure in Parliament
- #3079
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2011/03/21
Council Meeting
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2011/03/21
Act adopted by Council after Parliament's 1st reading
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2010/12/14
Results of vote in Parliament
- Results of vote in Parliament
- Debate in Parliament
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T7-0471/2010
summary
The European Parliament adopted by 643 votes to 10, with 14 abstentions, a legislative resolution 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.It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Replacement of Framework Decision 2002/629/JHA: this Directive aims to amend and expand the provisions of Framework Decision 2002/629/JHA. Since the amendments to be made are of substantial number and nature, the Framework Decision should in the interests of clarity be replaced in its entirety.Gender perspective: the text stresses the gender perspective in its common provisions. It states that the Directive recognises the gender-specific phenomenon of trafficking and that women and men are often trafficked for different purposes. For this reason, assistance and support measures should also be gender specific where appropriate. The "push" and "pull" factors may be different depending on the sectors concerned, such as trafficking in human beings into the sex industry or for labour exploitation in, for example, construction work, the agricultural sector or domestic servitude.Penalties: Member States shall take the necessary measures to ensure that an offence 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: (i) the offence was committed against a victim who was particularly vulnerable (including child victims); (ii) the offence deliberately or by gross negligence endangered the life of the victim; (iii) the offence was committed by use of serious violence or has caused particularly serious harm to the victim.Seizure and Confiscation: a new clause states that competent authorities must be entitled to seize and confiscate instrumentalities and proceeds from the offences referred to in the Directive.Non-prosecution or non-application of penalties to the victim: competent national authorities must also be 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 within the scope of the text. Assistance and support for victims of trafficking in human beings: this must not be conditional on the victim's willingness to cooperate in the criminal investigation, prosecution and trial, without prejudice to Directive 2004/81/EC or similar national rules.The compromise text states that assistance and support measures should be provided to victims on a consensual and informed basis. Victims should therefore be informed of the important aspects of those measures and they should not be imposed on the victims. A victims' refusal to assistance or support measures should not entail obligations for the competent authorities of the Member State concerned to provide the victim with alternative measures.Assistance and support to child victims: in the application of the Directive the child’s best interests shall be a primary consideration. There must be specific actions to assist and support child victims of trafficking in human beings, with a view to finding a durable solution for the child. Within a reasonable time, Member States shall provide access to education for child victims and children of victims, who are given assistance and support. They must appoint a guardian or a representative for the child victim from the moment he/she is identified by the authorities where, by national law, the holders of parental responsibility are, as a result of a conflict of interests between them and the child victim, precluded from ensuring the child’s best interest and/or from representing the child.The resolution makes special provision for unaccompanied child victims of trafficking in human beings as they need specific assistance and support due to their situation of particular vulnerability. From the moment an unaccompanied child victim of trafficking in human beings is identified and until a durable solution is found, Member States should apply reception measures appropriate to the needs of the child and should ensure that relevant procedural safeguards apply. The necessary measures should be taken to ensure that, where appropriate, a guardian and/or a representative are appointed in order to safeguard the minor's best interests. A decision on the future of each unaccompanied child victim should be taken within the shortest possible period of time with a view to finding durable solutions based on an individual assessment of the best interests of the child, which should be a primary consideration. A durable solution could be return and reintegration in the country of origin or the country of return, integration in the host society, granting of international protection status or granting of other status according to national law of the Member States.Compensation to victims: victims of trafficking in human beings must have access to existing schemes of compensation to victims of violent crimes of intent.National Rapporteurs or equivalent mechanisms: the tasks of such persons must include the gathering of statistics. National Rapporteurs or equivalent mechanisms are already constituted in an informal Union Network established by the Council Conclusions of 4 June 2009. An Anti-Trafficking Coordinator would take part in the works of that Network, which provides the Union and the Member States with objective, reliable, comparable and up-to-date strategic information in the field of trafficking in human beings and exchanges experience and best practices in the field of preventing and combating trafficking in human beings at Union level. The European Parliament should be entitled to participate in the joint activities of the National Rapporteurs or equivalent mechanisms.Coordination of the Union strategy on trafficking in human beings: in order to contribute to a coordinated and consolidated strategy of the European Union against trafficking in human beings, Member States shall facilitate the tasks of an Anti-Trafficking Coordinator (ATC), and in particular, transmit to the ATC the information required by the Directive, on the basis of which the ATC shall contribute to a report by the Commission every two years on the progress made in the fight against trafficking in human beings.Coordination of investigations: law enforcement authorities of the Member States should continue to cooperate in order to strengthen the fight against trafficking in human beings. In this regard, close cross-border cooperation, including sharing of information and sharing of best practice, as well as continued open dialogue between police, judicial and financial authorities of the Member States is essential. The coordination of investigations and prosecutions of cases of trafficking in human beings should be facilitated by enhanced cooperation with Europol and Eurojust, the setting up of joint investigation teams as well as by the implementation of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminal proceedings.Reporting: the Commission shall submit a report:two years from the deadline for transposition, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive;three years from the deadline for transposition, assessing the impact of existing national law criminalising the users of services which are the objects of exploitation of trafficking in human beings on the prevention of trafficking in human beings, accompanied, if necessary, by adequate proposals.
- #3051
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2010/12/02
Council Meeting
- 2010/12/02 Committee report tabled for plenary, 1st reading/single reading
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2010/11/29
Vote in committee, 1st reading/single reading
- #3018
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2010/06/03
Council Meeting
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3018
summary
The Council agreed on a general approach regarding a directive aimed at strengthening the fight against trafficking in human beings and the protection of victims. In March 2010, the Commission adopted its proposal on the file. Once adopted, the new rules will replace framework decision 2002/629/JHA. The goal is to further approximate national legislation and to improve international law enforcement and judicial cooperation. The provisions of the future directive include:a definition of the crime, aggravating circumstances and stiffer penalties;extraterritorial jurisdiction making it possible to prosecute EU nationals for crimes committed abroad and to use investigative tools such as phone listening and access to financial data;special treatment of the victims in criminal proceedings including non-punishment of victims who suffer the consequences of the criminal activities;a higher standard of protection and assistance for victims, and in particular special protective measures for children; preventive measures aimed at discouraging the demand side of the phenomenon.
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3018
summary
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2010/04/21
Committee referral announced in Parliament, 1st reading/single reading
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2010/03/29
Legislative proposal published
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COM(2010)0095
summary
PURPOSE: to establish minimum rules concerning the definition of criminal offences and sanctions in the area of trafficking in human beings and to repeal Framework Decision 2002/629/JHA on the same issue.PROPOSED ACT: Directive of the European Parliament and of the Council.BACKGROUND: trafficking in human beings is considered one of the most serious crimes worldwide, a gross violation of human rights, a modern form of slavery, and an extremely profitable business for organised crime. It is reasonable to estimate from the available figures that every year several hundred thousand people are trafficked into the EU or within the EU area.The Council of Europe Convention on Action against Trafficking in Human Beings provides a comprehensive and coherent framework covering prevention, cooperation between different actors, protection of and assistance to victims, and an obligation to criminalise trafficking in human beings. Implementing such measures would lead to significant improvements. The Convention has been ratified by 16 EU Member States. Another 10 have signed it and are going through the ratification process.Framework Decision 2002/629/EC on combating trafficking in human beings was adopted in 2002 as a response to a generally perceived need to address the serious criminal offence of trafficking in human beings at EU level. In order to tackle recent developments in the phenomenon of trafficking in human beings, the proposed 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. The fight against trafficking in human beings requires coordinated efforts by Member States, as well as cooperation at an international level in order to achieve the aims. Differences in legal treatment in the different Member States hinder coordinated efforts and hamper international law enforcement and judicial cooperation. It is necessary to repeal the 2002 text.It should be noted that this proposal builds on a Commission proposal made on 25/03/2009 aiming to repeal the 2002 Framework Decision which has lapsed following the entry into force of the Treaty on the Functioning of the EU (TFEU).IMPACT ASSESSMENT: various policy options were examined in connection with the previous proposal for a Framework Decision of 25 March 2009 with a view to preventing and combating trafficking in human beings more effectively, and better protecting victims. This is valid for the current proposal. Option 1: no new EU action. Option 2: non legislative measures: Framework Decision 2004/629/JHA would not be amended. Non-legislative measures could be put in place in the areas of victim support schemes, monitoring, prevention measures in countries of destination, prevention measures in countries of origin, training, and law enforcement cooperation.Option 3: new legislation on prosecution, victim support, prevention and monitoring. This would incorporate the provision of the existing Framework Directive, along with certain provisions of the Council of Europe’s Convention and additional elements, particularly provisions in the areas of substantive criminal law, jurisdiction and prosecution, victims' rights in criminal proceedings, victim assistance, special protective measures for children, prevention, and monitoring.Option 4: new legislation (as in option 3) + non legislative measures (as in option 2). A new legislative act would be adopted, incorporating the existing Framework Directive and including new provisions. The new legislative act would be supplemented by non-legislative measures, and in particular those identified in option 2.Following the analysis of economic impacts, social impacts, and impacts on fundamental rights, options 3 and 4 present the best approach to the problem and should fully achieve the identified objectives. The preferred option is option 4.LEGAL BASIS: Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union. The fight against trafficking in human beings requires coordinated efforts by Member States, as well as cooperation at an international level in order to achieve the aims. Differences in legal treatment in the different Member States hinder coordinated efforts and hamper international law enforcement and judicial cooperation. Action by the EU will better achieve the objectives of the proposal, which will approximate Member States' substantive criminal law and procedural rules more extensively than the current Framework Decision. This will have a positive impact on international law enforcement and judicial cooperation, and on the protection and assistance given to victims. The proposal therefore complies with the subsidiarity principle.CONTENT: the proposal aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of trafficking in human beings. It also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims. The new directive, in addition to provisions in the current Framework Decision, would include the following new elements:Substantive criminal law provisions: these comprisedefinition; aggravating circumstances and penalties: the proposal sets out precise level of penalties adapted to the severity of the offences. An offence under this legislation is punishable by penalties of a maximum of at least five years of imprisonment, and ten years for aggravating circumstances; non application of penalties to the victim: Member States must provide for the possibility of not prosecuting or imposing penalties on victims of trafficking in human beings for their involvement in criminal activities they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in text. Jurisdiction and prosecutionbroader and more binding extraterritorial jurisdiction rule, obliging Member States to prosecute nationals and habitual residents who have committed the crime of trafficking outside the territory of the Member State; investigative tools- those responsible for investigating such offences should 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. Victim assistance and supportestablishment of mechanisms for early identification and assistance of victims; standard of assistance including access to necessary medical treatment, counselling, and psychological assistance; special measures for child victims of trafficking.Protection of victims in criminal proceedingsspecial treatment aimed at preventing secondary victimisation; protection on the basis of a risk assessment; legal counselling and representation, including for the purpose of claiming compensation. Preventionaction aimed at discouraging the demand for sexual services and cheap labour; regular training for officials likely to come into contact with victims and potential victims; criminalisation of users of services exacted from a person, when the user knows that the person has been trafficked. Monitoring: establishment of National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments on trafficking in human beings trends, the measuring of results of anti-trafficking actions and reporting to the relevant national authorities.Territorial scope: the adoption of the proposal will be addressed to the Member States. The application of the resulting Directive to the United Kingdom, Ireland and Denmark will be determined in accordance with the provisions of Protocols (No 21) and (No 22) annexed to the Treaty on the functioning of the European Union.BUDGETARY IMPLICATION: the proposal has no implication for the Community budget.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, REDING Viviane
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COM(2010)0095
summary
Documents
- Legislative proposal published: COM(2010)0095
- Debate in Council: 3018
- Committee report tabled for plenary, 1st reading/single reading: A7-0348/2010
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0471/2010
- : Directive 2011/36
- : OJ L 101 15.04.2011, p. 0001
| Amendments | Dossier |
| 176 |
2010/0065(COD)
2010/07/29
LIBE, FEMM
175 amendments...
Amendment 100 #
Proposal for a directive 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 101 #
Proposal for a directive Recital 15 a (new) (15a) Member States should establish better systems for monitoring the activities of private employment agencies, including agencies recruiting seasonal workers, based on standards laid down in the ILO Private Employment Agency Convention N. 181.
Amendment 102 #
Proposal for a directive Recital 15 a (new) (15a) Officials likely to come into contact with victims and potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims or potential victims, and should follow a gender-sensitive approach. The training obligation would cover, in particular, police officers, border guards, immigration officials, public prosecutors, lawyers, members of the judiciary and court officials, labour inspectors, social-services, child care and health care personnel and consular staff but could, depending on local circumstances, also involve other groups of public officials likely, in the course of their work, to encounter victims or potential victims of trafficking in human beings.
Amendment 103 #
Proposal for a directive 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 104 #
Proposal for a directive 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) (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) (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 107 #
Proposal for a directive Recital 16 (16) Directive 2009/52/EC of 18 June 2009 providing for minimum standards of sanctions and measures against employers of illegally staying third-country nationals provides for penalties for employers of illegally staying third-country nationals who, while not having been charged with or convicted of trafficking in human beings, use work or services exacted from a person with the knowledge that he/she is a victim of such trafficking. In addition to that, Member States should take into consideration the possibility of imposing sanctions on the users of any service exacted from a victim, with the knowledge that he/she has been trafficked, and should impose sanctions on the prostitute-users. This further criminalisation could include employers of legally staying third-country nationals and EU nationals, as well as buyers of sexual services from any trafficked person, irrespective of their nationality.
Amendment 108 #
Proposal for a directive Recital 16 (16) Directive 2009/52/EC of 18 June 2009 providing for minimum standards of sanctions and measures against employers of illegally staying third-country nationals
Amendment 109 #
Proposal for a directive Recital 17 (17) National monitoring systems such as National Rapporteurs or equivalent mechanisms should be established by Member States, in the way they consider appropriate according to their internal organisation, and taking into account the need for a minimum structure with identified tasks, in order to carry out assessments of trends in trafficking in human beings trends, measure the results of anti-trafficking actions, and regularly
Amendment 110 #
Proposal for a directive Recital 17 (17)
Amendment 111 #
Proposal for a directive 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) (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 113 #
Proposal for a directive Recital 19 (19) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably equality between women and men, human dignity, prohibition of slavery, forced labour and trafficking in human beings, prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of personal data, the right to an effective remedy and to a fair trial and 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 and has to be implemented accordingly.
Amendment 114 #
Proposal for a directive Recital 19 (19) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably equality between women and men, human dignity, prohibition of slavery, forced labour and trafficking in human beings, prohibition of torture and inhuman or degrading treatment or
Amendment 115 #
Proposal for a directive Recital 19 (19) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably human dignity, gender equality, prohibition of slavery, forced labour and trafficking in human beings, prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of personal data, the right to an effective remedy and to a fair trial and 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 and has to be implemented accordingly.
Amendment 116 #
Proposal for a directive Article 2 – paragraph 1 1. Member States shall take the necessary measures to ensure that the following intentional acts are punishable: The recruitment, transportation, transfer, harbouring or receipt of persons, including children, pregnant women and their unborn children by exchange or transfer of control over that person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Amendment 117 #
Proposal for a directive 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 and the use of a trafficked dependent person for begging, regardless her/his relation to the perpetrators, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.
Amendment 118 #
Proposal for a directive 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, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities,
Amendment 119 #
Proposal for a directive Article 2 – paragraph 3 3. Exploitation of women, men and persons under the age of 18 shall include, as a minimum, the exploitation of the prostitution
Amendment 120 #
Proposal for a directive 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
Amendment 121 #
Proposal for a directive 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, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs
Amendment 122 #
Proposal for a directive Article 2 – paragraph 4 4. The consent of a victim of trafficking in human beings to the exploitation, intended or actual, shall be always irrelevant
Amendment 123 #
Proposal for a directive 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 124 #
Proposal for a directive Article 2 – paragraph 6 a (new) 6a. For the purpose of this Directive “guardian” shall mean a person appointed by the competent authorities to assist and represent an unaccompanied child with a view to ensuring the child's best interests, and a “legal representative” shall mean a person appointed by the competent authorities to exercise legal capacity for the child where necessary.
Amendment 125 #
Proposal for a directive Article 4 Amendment 126 #
Proposal for a directive 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 gender, pregnancy, health conditions
Amendment 127 #
Proposal for a directive 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 sex, pregnancy, health conditions or disability, immigration status;
Amendment 128 #
Proposal for a directive 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 sex, pregnancy, health conditions
Amendment 129 #
Proposal for a directive 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 d) the offence has deliberately or by
Amendment 131 #
Proposal for a directive Article 4 – paragraph 2 – point e (e) the offence was committed by use of
Amendment 132 #
Proposal for a directive 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 133 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall take the necessary measures to ensure that the proceeds of and profits from the offences referred to in this Directive are seized and confiscated. In this regard, close cross border cooperation between Members States' police, judicial and financial authorities and cooperation with Europol and Eurojust is essential.
Amendment 134 #
Proposal for a directive 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 135 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. In the case of provisions such as the seizure and confiscation of property belonging to the offender, the Member States shall adopt measures designed to facilitate use of these assets for educational and assistance purposes. The proceeds arising may be earmarked for victims’ financial support.
Amendment 136 #
Proposal for a directive Article 5 – paragraph 1 – introductory part 1. Member States shall take the necessary measures
Amendment 137 #
Proposal for a directive Article 5 – paragraph 1 – point c a (new) (ca) any other person acting under orders of any of the above mentioned persons;
Amendment 138 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1a. Member States adopt the necessary measures in order to guarantee the victim's right to an effective compensation of the harm, also if the penal responsible does not have assets amenable to execution.
Amendment 139 #
Proposal for a directive 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) 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 Member States shall
Amendment 142 #
Proposal for a directive Article 7 Member States shall, in accordance with the basic principles of its legal system,
Amendment 143 #
Proposal for a directive Article 8 – paragraph 1 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 and that criminal proceedings may continue even if the victim has withdrawn his or her statement. In this case, proper assistance and protection measures should be initiated and/or further ensured.
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.
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.
Amendment 146 #
Proposal for a directive 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 147 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting offences referred to in Articles
Amendment 148 #
Proposal for a directive Article 8 – paragraph 3 3. 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
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.
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.
Amendment 151 #
Proposal for a directive Article 8 – paragraph 4 a (new) 4a. Member States shall take the necessary measures to enable the offences referred to in Articles 2 and 3 to be prosecuted through joint investigations, coordination of criminal proceedings and mutual assistance in cooperation with Europol and Eurojust.
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:
Amendment 153 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) the offender is one of its nationals or has his or her habitual residence, or is present in some capacity, in its territory; or
Amendment 154 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) the offence is committed against one of its nationals or a person
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.
Amendment 156 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall take the necessary measures to ensure that a person is provided with assistance and support as soon as the competent authorities have an indication that the person might have been subjected to an offence referred to in Articles 2 and 3. Victims of trafficking should be entitled to assistance, to protection and to access to a temporary residence permit irrespective of their willingness to co-operate in criminal proceedings.
Amendment 157 #
Proposal for a directive Article 10 – paragraph 4 4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations, including recognized and active non-governmental organizations in this field. Such measures shall include the support to the development of general EU protocols for the identification of victims of trafficking, through the exchange of best practices between all the relevant actors, particularly public and private social services.
Amendment 158 #
Proposal for a directive Article 10 – paragraph 4 4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations. Member States shall work closely with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 159 #
Proposal for a directive Article 10 – paragraph 4 4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations. Member States shall work closely with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 160 #
Proposal for a directive Article 10 – paragraph 4 4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation.
Amendment 161 #
Proposal for a directive Article 10 – paragraph 4 4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, including a reflection and recovery period in order for victims to come free of perpetrators of the offence, in cooperation with relevant support organisations.
Amendment 162 #
Proposal for a directive Article 10 – paragraph 4 a (new) 4a. Once the relevant authorities of the Member State have established that a person is a victim of trafficking in human beings, the Member states shall consider the issuing of a residence permit in accordance with the provisions established in Council Directive 2004/81/EC 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 migration, who cooperate with the competent authorities.
Amendment 163 #
Proposal for a directive Article 10 – paragraph 4 a (new) 4a. Member States shall provide for a referral mechanism through which state actors refer victims of trafficking to relevant support agencies and organisations so that victims are indentified and receive the care and counselling they require. This shall include taking all the necessary measures to provide persons in need of international protection pursuant to Article 9 and Article 15 of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted1; and ensure cooperation between law enforcement authorities and national asylum authorities. __________ 1 OJ L 304, 30.9.2004, p.12.
Amendment 164 #
Proposal for a directive Article 10 – paragraph 4 b (new) 4b. Member States shall ensure the sustainability of independent support organizations and service providers working with victims of human trafficking and encourage, in cooperation with EU Anti-Trafficking Coordinator, the creation of a Pan European network of organisations dealing with direct assistance and support to victims.
Amendment 165 #
Proposal for a directive Article 10 – paragraph 5 5. Assistance and support measures referred to in paragraph 2 and 3 shall be provided on a consensual and informed basis, and shall include a permanent residence permit and at least standard of living capable of ensuring victims' subsistence through measures such as appropriate and safe accommodation and material assistance as well as necessary medical treatment including psychological assistance, counselling and information in a language they can understand, translation and interpretation services where appropriate, and access to education for children. Member States shall attend to victims with special needs.
Amendment 166 #
Proposal for a directive Article 10 – paragraph 5 5. Assistance and support measures
Amendment 167 #
Proposal for a directive Article 10 – paragraph 5 5. Assistance and support measures referred to in paragraph 2 shall be provided on a consensual and informed basis, and shall include at least standard of living capable of ensuring victims' subsistence through measures such as appropriate and safe accommodation and material assistance as well as necessary medical treatment including psychological assistance, counselling and information in a language and format they can understand, translation and interpretation services where appropriate, and access to education for children. Member States shall attend to
Amendment 168 #
Proposal for a directive Article 10 – paragraph 5 a (new) 5a. Member States shall guarantee a safe return to trafficked persons by both the receiving State and the State of origin. Trafficked persons should be offered alternatives to repatriations in cases where it is reasonable to conclude that such repatriations would pose a serious risk to their safety and or that there is a serious risk of being re-trafficked upon return.
Amendment 169 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that victims of trafficking in human beings have access to free legal counselling and to legal representation, including for the purpose of claiming compensation. Legal representation shall be free of charge when the victim does not have sufficient financial resources. Member States should establish a crime victims' compensation fund, through which all victims of trafficking can receive financial compensation. The assets confiscated from traffickers should feed into this fund. This paragraph will be without prejudice to the application of Article 14(2) when the victim is a child.
Amendment 170 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that victims of trafficking in human beings have access to free legal counselling and to legal representation, including for the purpose of claiming compensation.
Amendment 171 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that victims of trafficking in human beings have access to free legal counselling and to legal
Amendment 172 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that victims of trafficking in human beings have access to free legal counselling and to legal representation, including for the purpose of claiming compensation and asserting withheld wages. Legal representation shall be free of charge when the victim does not have sufficient financial resources. This paragraph will be without prejudice to the application of Article 14(2) when the victim is a child.
Amendment 173 #
Proposal for a directive 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 3. Without prejudice to the right of the defence, Member States shall
Amendment 175 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia by having access to witness protection programmes or other similar measures, if appropriate and in accordance with the grounds defined by national legislation or procedures. Member States shall also ensure protection from retaliations, threats, and intimidations to non- governmental organizations committed in the reception and support of victims of trafficking, in accordance with the grounds defined by national legislation or procedures.
Amendment 176 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia by having access to witness protection programmes or other similar measures, if appropriate and in accordance with the grounds defined by national legislation or procedures. Individual risk assessment should take into account the situation of the victim which might make the victim particularly vulnerable, including on the grounds of sex, pregnancy, health conditions or disability, immigration status.
Amendment 177 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that victims of trafficking in human beings receive
Amendment 178 #
Proposal for a directive Article 12 – paragraph 1 1. Child victims of trafficking in human beings shall be provided with assistance, support and protection, taking into account the best interests of the child. Member States shall work closely with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 179 #
Proposal for a directive Article 12 – paragraph 1 1. Child victims of trafficking in human beings shall be provided with assistance, support and protection, taking into account the best interests of the child. Member States shall work closely together with civil society organisations, including those providing services to victims of trafficking, male violence against women and different forms of exploitation, including sexual exploitation.
Amendment 180 #
Proposal for a directive Article 12 – paragraph 1 1. Child victims of trafficking in human beings shall be provided with assistance, support and protection, taking into account the best interests of the child and respecting international human rights standards.
Amendment 181 #
Proposal for a directive Article 12 – paragraph 2 a (new) 2a. The Member States shall take steps to appoint, where necessary, a cultural mediator and a social worker to set up a suitable programme of assistance tailor- made to meet the victim’s needs.
Amendment 182 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall take the necessary measures to ensure that the specific actions to protect, assist and support child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns. Members States shall appoint a guardian and a legal representative for the child victim of trafficking in human beings from the moment he/she is identified by the authorities where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.
Amendment 183 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall take the necessary measures to ensure that the specific actions to assist and protect, and to provide psychological, medical and legal support for, child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns.
Amendment 184 #
Proposal for a directive Article 13 – paragraph 1 a (new) 1a. Member States shall take the necessary measures to ensure that special assistance and support is provided to children who are victims of illegal adoption.
Amendment 185 #
Proposal for a directive Article 13 – paragraph 2 2. Member States shall take measures, whe
Amendment 186 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2a. In the case of an unaccompanied and separated child, measures will be taken with a view to finding a durable solution for the child taking the best interests of the child as a primary consideration and incorporating all necessary procedural safeguards. Durable solutions may include integration in the host society, joining his/her family in another Member State or in a third country, return and reintegration with the child's family in the country of origin. Integration in the host society may include a referral to the competent national asylum authorities for child victims of trafficking in human beings who are in need of international protection.
Amendment 187 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2a. When the family is not present in the territory of the Member State, the Member State shall provide assistance to the child to return and be reintegrated with the child's family, or to join his/her family in another Member State or in a third country, without exposing the child to the danger of being re-trafficked, when that is in the best interest of the child; where neither of these options are possible or in the child's best interest, the Member State shall find a durable solution for the child in accordance with the child's best interest including through referral to the competent national asylum authorities for child victims of trafficking in human beings who are in need of international protection.
Amendment 188 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2a. The Member States shall, in cooperation with NGOs, government agencies and international organisations, establish direct aid programmes to facilitate, where possible, the voluntary return of victims to their country of origin and their reintegration there.
Amendment 189 #
Proposal for a directive Article 14 – paragraph 1 1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim of trafficking in human beings where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family. The appointed special representative shall advise and protect the child and ensure that all decisions are taken in the child´s best interest and exercise legal capacity for the child where necessary. The special representative should be consulted and informed regarding all actions taken in relation to the child. The representative should have the necessary expertise in order to ensure that the interests of the child are safeguarded and that the child´s legal, social, health, psychological, material and education needs are covered appropriately.
Amendment 190 #
Proposal for a directive Article 14 – paragraph 3 – point b b) interviews with the child victim take place, where necessary, in premises designed or adapted for this purpose, and where the child feels safe;
Amendment 191 #
Proposal for a directive Article 14 – paragraph 3 – point c (c) interviews with the child victim are carried out, where necessary, by or through professionals trained for this purpose, including training on human rights, women’s rights and gender equality;
Amendment 192 #
Proposal for a directive Article 14 – paragraph 3 – point f (f) the child victim may be accompanied by his or her legal representative and/or a guardian specifically appointed by the social services concerned and/or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 193 #
Proposal for a directive Article 14 – paragraph 3 – point f f) the child victim
Amendment 194 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take appropriate measures with regard to legal and administrative provision and in the field of general and vocational education, including in relation to gender-equality issues, as well as other necessary measures, to discourage the demand that fosters all forms of exploitation related to trafficking in human beings.
Amendment 195 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take appropriate measures to discourage and end the demand that fosters all forms of exploitation related to trafficking in human beings.
Amendment 196 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take
Amendment 197 #
Proposal for a directive 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
Amendment 198 #
Proposal for a directive 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 organi
Amendment 199 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall take appropriate
Amendment 200 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. As a part of the Enlargement policy, prevention through awareness raising campaigns targeting potential victims and strengthening of civil society are crucial as potential candidate and candidate countries are often countries of origin, transit and/or destination of victims and should be in the focus of the EU and its Member States.
Amendment 201 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. Member States shall take measures aiming at women's empowerment in order to make women less vulnerable and reduce the risk of women becoming victims of trafficking in human beings.
Amendment 202 #
Proposal for a directive Article 15 – paragraph 3 3. Member States shall promote regular training for officials likely to come into contact with victims and potential victims
Amendment 203 #
Proposal for a directive Article 15 – paragraph 3 3. Member States shall promote regular training for officials likely to come into contact with victims and potential victims, including front-line police officers, border guards, labour inspectors, health care personnel and consular staff, aimed at enabling them to identify and deal with victims and potential victims of trafficking
Amendment 204 #
Proposal for a directive Article 15 – paragraph 3 3. Member States shall promote regular training on human rights, women’s rights and gender equality for officials likely to come into contact with victims and potential victims, including front-line police officers, border guards, labour inspectors, health care personnel and consular staff, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings.
Amendment 205 #
Proposal for a directive Article 15 – paragraph 3 3. Member States shall promote regular training for officials likely to come into
Amendment 206 #
Proposal for a directive 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 207 #
Proposal for a directive Article 15 – paragraph 4 Amendment 208 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall
Amendment 209 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall
Amendment 210 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall
Amendment 211 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall
Amendment 212 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall
Amendment 213 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall
Amendment 214 #
Proposal for a directive Article 15 – paragraph 4 a (new) 4a. When the use of the service was determined by a concrete risk for the life of the users, or the service was used to aid the victim for humanitarian reasons or a person was strongly coerced into using the services, a case by case evaluation will be needed to establish the applicability of sanctions.
Amendment 215 #
Proposal for a directive 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 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.
Amendment 217 #
Proposal for a directive Article 15 – paragraph 4 a (new) 4a. The EU should encourage more coherence between criminal and labour law to reduce the demand for goods and services resulting from forced labour. There should be a balance between sanctions against unscrupulous employers and preventive action to bring business into compliance.
Amendment 218 #
Proposal for a directive 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.
Amendment 219 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall take the necessary measures to establish independent National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the gathering of comparable statistics, the carrying out of assessments on trafficking in human beings trends and of protection and assistance mechanisms, in close cooperation with involved social actors and recognized and active non-governmental organizations in this field, the measuring of results of anti- trafficking actions and reporting at least once a year to the relevant national authorities and to the EU Anti-Trafficking Coordinator.
Amendment 220 #
Proposal for a directive Article 16 – paragraph 1 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 on trafficking in human beings trends, the measuring of results of anti-trafficking actions and reporting to the relevant national authorities. The EU Anti-Trafficking Coordinator established within the DG Justice, Freedom and Security shall collaborate with National Rapporteurs or equivalent mechanisms and ensure cooperation between Member States and EU institutions, Frontex, Europol, Interpol, NGOs and further relevant key players in the fight against human trafficking.
Amendment 221 #
Proposal for a directive Article 16 – paragraph 1 Member States shall take the necessary measures to establish National Rapporteurs
Amendment 222 #
Proposal for a directive Article 16 – paragraph 1 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 on trafficking in human beings trends, the measuring of results of anti-trafficking actions and reporting to the relevant national and EU authorities. National Rapporteurs should be politically and party-independent and should have sufficient financial resources.
Amendment 223 #
Proposal for a directive Article 16 – paragraph 1 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 on trafficking in human beings trends, the measuring and monitoring of results of anti-trafficking actions and reporting to the relevant national and EU authorities.
Amendment 224 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. Information gathered shall be forwarded to the EU Anti-trafficking Coordinator, Eurojust, Europol and Frontex. On that basis and using any other available information the EU Anti- trafficking Coordinator shall in cooperation with Eurojust, Europol, Frontex and the relevant social actors and the recognized and active non- governmental organizations draft an annual report on the state of play of trafficking in human beings. The report shall be presented to the European Parliament, the national parliaments, the European Commission and the Council.
Amendment 225 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. Information gathered shall be forwarded to the EU Anti-trafficking Coordinator, the Fundamental Rights Agency, Eurojust, Europol, EASO and Frontex. On that basis and using any other available information the EU Antitrafficking Coordinator shall in cooperation with the Fundamental Rights Agency Eurojust, Europol, EASO and Frontex draft an annual report on the state of play of trafficking in human beings. The report shall be presented to the European Parliament, the national parliaments, the European Commission and the Council.
Amendment 226 #
Proposal for a directive Article 16 a (new) Amendment 227 #
Proposal for a directive Article 16 a (new) As a part of the Enlargement policy, police and judicial cooperation is crucial as part of the effective EU effort to combat human trafficking. Member States and the European Union Anti-trafficking Coordinator should ensure that EU policies are adequately adopted in the same manner in potential candidate and candidate countries according to this Directive to ensure cohesion. The fight against human trafficking can only be successful if governments, agencies and organisations at local, regional, national and international levels work together.
Amendment 53 #
Proposal for a directive Citation 5 a (new) – Having regard to Council Directive 2004/81/EC 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 migration, who cooperate with the competent authorities,
Amendment 54 #
Proposal for a directive Recital 1 a (new) (1a) Trafficking in human beings is a crime where the exploitation of an individual is the central aspect and where a combination of three elements (action, means, purpose) has to apply in order for the crime to be constituted.
Amendment 55 #
Proposal for a directive Recital 2 (2) The European Union is committed to the prevention of and fight against trafficking in human beings, and to the protection of the rights of trafficked persons. For this purpose, Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings and an EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings (2005/C311/01) were adopted. Moreover, the coordination of prosecution of cases of trafficking in human beings will be facilitated by the adoption of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminal proceedings. The EU is in parallel to this also pursuing actions in non-EU countries of origin and transfer of victims, aiming in particular at raising awareness, reducing vulnerability, supporting and assisting victims, fighting the root causes of trafficking and supporting countries to develop appropriate anti-trafficking legislation.
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.
Amendment 57 #
Proposal for a directive Recital 3 (3) This Directive adopts an integrated and holistic humanitarian approach to the fight against trafficking in human beings and should be implemented in the light of 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. 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 58 #
Proposal for a directive 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
Amendment 59 #
Proposal for a directive Recital 3 (3) This Directive adopts an integrated and holistic approach, together with a multifaceted approach, to the fight against trafficking in human beings. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this Directive. Women constitute the vast majority of victims of trafficking, and especially of trafficking for sexual exploitation. Children are more vulnerable
Amendment 60 #
Proposal for a directive Recital 3 (3) This Directive adopts an integrated and holistic approach to the fight against trafficking in human beings.
Amendment 61 #
Proposal for a directive Recital 4 (4) The 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings are crucial steps in the process of enhancing international cooperation against trafficking in human beings.
Amendment 62 #
Proposal for a directive 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
Amendment 63 #
Proposal for a directive 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
Amendment 64 #
Proposal for a directive 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 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 illegal adoption of children and unborn children, of the removal of organs, which can be linked with organ trafficking and constitutes a serious violation of human dignity and physical integrity.
Amendment 65 #
Proposal for a directive 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, and in all cases of sexual exploitation, 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 66 #
Proposal for a directive 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 67 #
Proposal for a directive Recital 5 a (new) (5a) Family members or relatives of children begging may be involved in the trafficking process that results in a child begging in exploitative situations. In order to respond appropriately, there should be an individual case assessment for each child, taking into account the child’s views and the child’s family situation, including the role of the family members in the trafficking process. A decision should be made in the best interest of the child, recognizing that there may be circumstances where social assistance to the child and family members is a more appropriate response to the situation, whereas in other situations, criminal prosecution of parents or relatives may be appropriate if they have been involved in the trafficking process.
Amendment 68 #
Proposal for a directive Recital 5 a (new) (5a) For effective prevention, protection and prosecution, it is necessary to distinguish between trafficking in human beings for the purpose of organ removal which can only be committed if organs are removed from living donors and trafficking in organs, tissues and cells. A targeted approach to the two problems should be developed and implemented by the Commission and Europol which should as a priority improve monitoring of both cases of organ trafficking.
Amendment 69 #
Proposal for a directive 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
Amendment 70 #
Proposal for a directive 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 gender, pregnancy, health conditions
Amendment 71 #
Proposal for a directive 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 sex, pregnancy, health conditions or disability, and immigration status at the time when the crime was committed. 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
Amendment 72 #
Proposal for a directive 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 sex, pregnancy, health conditions or disability, and immigration status at the time when the crime was committed. When the offence is particularly grave, for example when the life of the victim has been endangered or the offence has involved serious violence, including male violence against women, 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 (8) To ensure that investigations and prosecutions of human trafficking offences
Amendment 74 #
Proposal for a directive 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 (8) To ensure that investigations and
Amendment 76 #
Proposal for a directive Recital 8 (8) To ensure that investigations and prosecutions of human trafficking offences were successful, their initiation should not
Amendment 77 #
Proposal for a directive 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 78 #
Proposal for a directive Recital 10 (10) While 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 cooperation with the competent authorities provides for the issue of a resident permit to victims of trafficking in human beings who are third-country nationals, and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of the citizens of the Union and their family members to move and reside freely within the territory of the Member States regulates the exercise of the right to move and reside freely in the territory of Member States by citizens of the Union and their families, including protection from expulsion, this Directive establishes specific protective measures for any victim of trafficking in human beings.
Amendment 79 #
Proposal for a directive Recital 11 (11) Victims of trafficking in human beings need to be able to exercise their rights effectively. Therefore assistance and support should be available to victims before, during and for an appropriate time after criminal proceedings. In order for the assistance and support to be effective, it is necessary that it is provided on an informed and consensual basis, guaranteeing that the victim agrees to for example actions to detect illnesses or other essential support measures. The assistance and support provided should include at least a minimum set of measures that are necessary to enable the victim to recover and escape from their traffickers. The practical implementation of such measures should, on the basis of an individual assessment carried out in accordance with national procedures, take into account the conditions and needs of the person concerned. A person should be provided with assistance and support as soon as there is an indication that he or she might have been trafficked and irrespective of his/her willingness to act as a witness. Assistance should be provided unconditionally at least until the competent authorities have taken a final decision with regard to the reflection period and the residence permit, or otherwise acknowledge that the person is a victim of trafficking in human beings.
Amendment 80 #
Proposal for a directive Recital 11 (11) Victims of trafficking in human beings need to be able to exercise their rights effectively. Therefore assistance and support should be available to victims before, during and for an appropriate time after criminal proceedings. Victims of trafficking in human beings shall have the opportunity to obtain a permanent residence permit. In order for the assistance and support to be effective, it is necessary that it is provided on an informed and consensual basis, guaranteeing that the victim agrees to for example actions to detect illnesses or other essential support measures. The assistance and support provided should include at least a minimum set of measures that are necessary to enable the victim to recover and escape from their traffickers. The practical implementation of such measures should, on the basis of an individual assessment carried out in accordance with national procedures, take into account the conditions and needs of the person concerned, including the victim's immigration status. A person should be provided with assistance and support as soon as there is an indication that he or she might have been trafficked and irrespective of his/her willingness to act as a witness.
Amendment 81 #
Proposal for a directive Recital 11 (11) Victims of trafficking in human beings need to be able to exercise their rights effectively. Therefore assistance and support should be available to victims before, during and for an appropriate time after criminal proceedings. In order for the assistance and support to be effective, it is necessary that it is provided on an
Amendment 82 #
Proposal for a directive Recital 11 a (new) (11a) Member states shall ensure that victims of trafficking can be granted and maintain the same level of protection while moving inside the European Union, through appropriate and effective measures of judicial cooperation. Victims of trafficking shall be informed accordingly of the protection measures available at EU level.
Amendment 83 #
Proposal for a directive Recital 11 a (new) (11a) All the measures taken to protect victims of trafficking by one Member State shall, through the European Protection Order, apply across the whole of the European Union as well.
Amendment 84 #
Proposal for a directive Recital 12 (12) The Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings establishes a set of victims' rights in criminal proceedings, including the right to protection and c
Amendment 85 #
Proposal for a directive Recital 12 (12) The Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings establishes a set of victims' rights in criminal proceedings, including the right to protection and compensation. In addition victims of trafficking in human beings should be given access to legal counselling and to legal representation, including for the purpose of claiming compensation. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling and legal representation should be provided free of charge at least when the victim does not have sufficient financial resources in a manner consistent with the internal procedures of Member States. As child victims in particular are unlikely to have such resources, legal counselling and legal representation
Amendment 86 #
Proposal for a directive Recital 12 (12) The Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings establishes a set of victims’ rights in criminal proceedings, including the right to protection and compensation. In addition victims of trafficking in human beings
Amendment 87 #
Proposal for a directive Recital 13 (13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails, such as sexual exploitation, rape, slavery- like practices and the removal of organs, should be protected from secondary victimisation and further trauma during the criminal proceedings. To this end victims of trafficking should during criminal investigations and proceedings receive treatment that is appropriate to their individual needs. The individual needs assessment should take into consideration circumstances such as sex, age, pregnancy, health, disability, immigration status and other personal conditions, as well as the physical and psychological consequences of the criminal activity to which the victim has been subjected. Whether and how the treatment is applied is to be decided in accordance with grounds defined by national legislation, rules of judicial discretion, practice and guidance, on a case by case basis.
Amendment 88 #
Proposal for a directive Recital 13 (13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails,
Amendment 89 #
Proposal for a directive Recital 13 (13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails, such as sexual exploitation, sexual abuses, rape, slavery-
Amendment 90 #
Proposal for a directive Recital 13 (13) Victims of trafficking who have already suffered the abuse and degrading treatment trafficking commonly entails, such as sexual exploitation, rape, slavery- like practices and the removal of organs, should be protected from secondary victimisation and further trauma during the criminal proceedings. To this end victims of trafficking should during criminal investigations and proceedings receive treatment that is appropriate to their individual needs. The individual needs assessment should take into consideration circumstances such as age, pregnancy, health, disability and other personal conditions, as well as the physical and psychological consequences of the criminal activity to which the victim has been
Amendment 91 #
Proposal for a directive Recital 13 a (new) (13a) To avoid victims needing to start multiple proceedings, Member States should ensure that victims have the right to extend in a simple and efficient way the level of protection granted them in one Member State so that this is maintained when they move around the European Union. Victims of trafficking in human beings shall therefore be informed that EU judicial cooperation procedures exist for this purpose.
Amendment 92 #
Proposal for a directive Recital 14 (14) In addition to measures available to all
Amendment 93 #
Proposal for a directive 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
Amendment 94 #
Proposal for a directive 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, in
Amendment 95 #
Proposal for a directive 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. Member States shall exercise due diligence in identifying and eradicating public-sector involvement or complicity in trafficking. 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. This training 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. Member States should work together with civil society working with trafficked persons in policymaking initiatives, training as well as in monitoring and evaluating the impact of anti-trafficking measures.
Amendment 96 #
Proposal for a directive 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. This training 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. Member States shall take measures to ensure that clear and comprehensive guidance for social services, health, education, immigration and law enforcement to persons who have been victims of human trafficking is provided.
Amendment 97 #
Proposal for a directive 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, in
Amendment 98 #
Proposal for a directive 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, data collection, in full respect of the data subject, 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. This training 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.
Amendment 99 #
Proposal for a directive Recital 15 (15) Member States should establish and
source: PE-445.701
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History
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