2022/0426(COD) Preventing and combating trafficking in human beings and protecting its victims
Next event: Indicative plenary sitting date 2024/04/22
Lead committee dossier:
Next event: Indicative plenary sitting date 2024/04/22
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Joint Responsible Committee | ['LIBE', 'FEMM'] |
BJÖRK Malin ( GUE/NGL),
RODRÍGUEZ PALOP Eugenia ( GUE/NGL)
|
DÜPONT Lena ( EPP),
WALSH Maria ( EPP),
LEITÃO-MARQUES Maria-Manuel ( S&D),
LÓPEZ AGUILAR Juan Fernando ( S&D),
AL-SAHLANI Abir ( Renew),
TOOM Jana ( Renew),
KUHNKE Alice ( Verts/ALE),
ANDERSON Christine ( ID),
CHAGNON Patricia ( ID),
DE LA PISA CARRIÓN Margarita ( ECR),
SOFO Vincenzo ( ECR)
|
| Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 082-p2, TFEU 083-p1-a1
Legal Basis:
RoP 58, TFEU 082-p2, TFEU 083-p1-a1Subjects
Events
2024/04/22
Indicative plenary sitting date
2024/02/15
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/08
CSL - Coreper letter confirming interinstitutional agreement
Documents
2024/02/08
EP - Text agreed during interinstitutional negotiations
Documents
2023/10/18
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/10/16
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/10/10
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality have adopted the report presented by Malin BJÖRK (GUE/NGL, SE) and Eugenia RODRÍGUEZ PALOP (GUE/NGL, ES) on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.
The relevant committees recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Offences related to trafficking in human beings
According to the amended text, exploitation should include, as a minimum: (i) the exploitation of the prostitution of others or other forms of sexual exploitation, (ii) forced labour or services, including begging, slavery or practices similar to slavery, (iii) servitude, (iv) the exploitation of criminal activities, (v) the removal of organs, (vi) forced marriage, (vii) illegal adoption, (viii) surrogacy for reproductive exploitation, (ix) exploitation of children in residential and closed-type institutions, or (x) the recruitment of children to commit or participate in criminal activities.
An offence referred to in the Directive should be punishable by a maximum penalty of at least 10 years of imprisonment where that offence:
- was committed against a victim who was particularly vulnerable (e.g. residence status, pregnancy, a situation of dependence or a state of physical, mental, intellectual or sensory disability or distress, living in institutions, such as retirement homes, children’s homes, reception centres, detention facilities or accommodation centres for asylum seekers);
- was committed within the framework of a criminal organisation;
- deliberately or by gross negligence endangered the life of the victim or caused the death of the victim;
- was committed by use of serious violence or has caused particularly serious physical or psychological harm to the victim;
- was committed by means of information or communication technologies by creating sexually explicit content featuring a victim of trafficking, including sharing or threatening to share such content, or obtaining economic benefits from it, which places or keeps the victim in a situation of exploitation or vulnerability and causes significant psychological harm;
- was committed by means of causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances.
Member States should take the necessary measures to ensure that acts and means and exploitation are punishable by fines proportionate to the gravity and duration of the harm caused to the victim of human trafficking, as well as to the financial benefits accrued by committing the offence.
Freezing and confiscation
Frozen and confiscated instrumentalities and proceeds derived from the commission of offences should be used as a matter of priority to provide victims with support, assistance and protection, including through direct compensation to victims, and to invest into investigation and prosecution of trafficking cases.
Non-prosecution or non-application of penalties to the victim
Victims of trafficking should not be detained, charged or prosecuted for the irregularity of their entry into or stay in a Member State, or for their involvement in unlawful activities, and they should not be excluded from assistance, support and protection measures because of their decision not to cooperate with investigating or prosecuting authorities.
Assistance, support and protection for victims of trafficking in human beings
Assistance, support and protection should be provided to victims in an intersectional manner, taking into account gender, disability and child specificity. Victims should be provided with assistance, support and protection services before, during and for a sufficient period after the conclusion of the criminal proceedings, as well as assistance free of charge, in a language they understand.
Victims of trafficking in human beings in need of international protection
Member States should ensure respect for the principle of non-refoulement and the right of victims to seek international protection, including where the victim is receiving assistance, support and protection and notwithstanding irregular entry into or residence on the territory of the Member States.
Victims of trafficking who are also in need of international protection should receive assistance, support and protection taking into account their individual circumstances, including possible discrimination based on grounds such as gender, sex, racial or ethnic origin, disability, age, sexual orientation, gender identity, gender expression and sexual characteristics, or a combination of these grounds.
Member States should take the necessary measures to ensure that specific actions and support services to assist and support child victims of trafficking in human beings in their physical and psychosocial recovery are initiated following an individual assessment of the particular situation of each child victim, taking into account his or her views, needs and concerns, with a view to finding a durable solution for the child. The personal situation of unaccompanied child victims should be taken into account.
Compensation to victims
Victims of trafficking in human beings should have access to effective compensation schemes for victims of violent intentional crime, whether or not legal proceedings have been initiated. Compensation awarded to a victim of trafficking in human beings following a decision in criminal or civil proceedings should be paid to the victim in a timely manner.
Prevention
Member States should allocate the necessary resources and take appropriate measures, such as education, training and campaigns, paying particular attention to aspects related to the online environment, to target current or potential users to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings.
National anti-trafficking coordinators
Member States should take the necessary measures to establish national anti-trafficking coordinators and provide them with adequate resources to effectively carry out their duties.
National action plans
Member States should adopt and implement national anti-trafficking action plans, in cooperation with national anti-trafficking coordinators, national rapporteurs and relevant stakeholders, to prevent and combat trafficking in human beings, no later than two years after the entry into force of the Directive. These plans should be reviewed and updated at least every five years.
Documents
2023/10/05
EP - Vote in committee, 1st reading
2023/10/05
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/09/15
PT_PARLIAMENT - Contribution
Documents
2023/07/07
EP - Amendments tabled in committee
Documents
2023/05/26
EP - Committee draft report
Documents
2023/05/11
EP - Referral to joint committee announced in Parliament
2023/04/27
ESC - Economic and Social Committee: opinion, report
Documents
2023/04/25
EP - BJÖRK Malin (GUE/NGL) appointed as rapporteur in ['LIBE', 'FEMM']
2023/04/25
EP - RODRÍGUEZ PALOP Eugenia (GUE/NGL) appointed as rapporteur in ['LIBE', 'FEMM']
2023/04/11
RO_SENATE - Contribution
Documents
2023/03/21
ES_PARLIAMENT - Contribution
Documents
2023/02/01
EP - Committee referral announced in Parliament, 1st reading
2022/12/19
EC - Document attached to the procedure
Documents
2022/12/19
EC - Document attached to the procedure
Documents
2022/12/19
EC - Document attached to the procedure
Documents
2022/12/19
EC - Document attached to the procedure
Documents
2022/12/19
EC - Document attached to the procedure
Documents
2022/12/19
EC - Legislative proposal published
Details
PURPOSE: to amend the anti-trafficking Directive (Directive 2011/36/EU) to better protect its victims.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Directive 2011/36/EU of the European Parliament and the Council constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender perspective.
CONTENT: the Commission proposes to amend the anti-trafficking Directive to improve the Member States’ capability to fight trafficking in human beings more efficiently. The initiative will further harmonise the legal landscape addressing trafficking in human beings across the Member States. The new rules are expected to enhance cross-border cooperation, in terms of investigations and prosecutions, as well as victims’ assistance and support.
The targeted amendments concern the following items:
Forced marriage as a form of exploitation
The Commission proposes to include forced marriage as a particular form of violence against women and girls and illegal adoption within the list of minimum forms of exploitation in the anti-trafficking Directive. This will better equip the legal systems of Member States, as well as its law enforcement and judicial authorities to effectively combat trafficking in human beings for the purpose of these two forms of exploitation.
Online dimension
All stakeholders, including law enforcement authorities, international organisations and civil society organisations are deeply concerned on the increasing number of offences committed or facilitated by means of information and communication technologies. The current provisions do not make any reference as to whether such elements are to be carried out online or offline in order to be criminalised and punished. Therefore, the Commission proposes to add a new article which explicitly mentions that the intentional acts and means, as well as exploitation should include acts committed by means of information and communication technologies. This will ensure that the online dimension of the crime is taken into account for every element of trafficking offences.
Sanctions
The Commission considers that it is crucial to enhance action against legal persons in the interest of which trafficking offences are committed. The adoption of a mandatory regime strengthens the criminal justice aspect of the response.
Therefore, the Commission proposes to amend the Directive by establishing that, instead of the list of optional sanctions , the effective, proportionate and dissuasive sanction will, if appropriate, include the exclusion from entitlement to public benefits, aid or subsidies; and the temporary or permanent closure of establishments which have been used for committing the offence. This is the regime that applies when legal persons are held liable for a standard trafficking offence. The addition of subsidies complements and expands the current optional list of sanctions, with a view to preventing that legal persons convicted for trafficking offences receive such forms of public assistance.
Referral mechanisms
Substantial room for improvement remains in the early identification and referral practices of Member States, both at the national and cross-border levels. In particular, not all Member States have a national referral mechanism in place and the structure and functioning of such mechanisms varies considerably across Member States.
This proposal seeks to ensure that all Member States establish by laws, regulations or administrative provisions national referral mechanisms, with a view to streamlining the functioning of relevant national institutions and to bringing further harmonisation in their structures and practices on referral to victims to appropriate assistance and support systems. This will also constitute the first step towards the establishment of a European Referral Mechanism.
Use of services which are the object of exploitation with knowledge that the person is a victim of trafficking
In order to reduce the demand for services that foster all forms of exploitation, the proposal establishes as a criminal offence the use of services which are the object of exploitation with the knowledge that the person is a victim of a trafficking offence (i.e. the knowing use of exploited services). This measure aims to discourage demand.
Reporting
The proposal introduces a requirement for the Commission to submit a report to the European Parliament and the Council, assessing the extent to which the Member States have taken the necessary measures to comply with the new rules on the knowing use of exploited services, as well as on the impact of such measures. The report should be submitted by five years after the transposition deadline. This will ensure adequate assessment and reporting on the measures proposed by the Commission after an adequate time span that allows the possibility to analyse the transposition and impact of the new rules.
Data collection
An EU-level data collection on the progress made in the fight against trafficking in human beings is carried out every two years. An evaluation of the Directive, however, showed that there are still important gaps in the data collection, particularly on criminal justice indicators and on offences concerning the use of exploited services, and that the publication of relevant statistics often arrives substantially after the end of the reporting period (usually around two years).
Therefore, the Commission proposes to introduce a requirement for Member States to collect and report data on trafficking in human beings to the Commission every year . A minimum set of indicators is specified such as the number of registered victims; number of persons suspected, prosecuted and convicted for offences and the level of disaggregation.
Documents
Documents
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.031
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000946
- Text agreed during interinstitutional negotiations: PE759.031
- Committee report tabled for plenary, 1st reading: A9-0285/2023
- Contribution: COM(2022)0732
- Amendments tabled in committee: PE750.067
- Committee draft report: PE749.081
- Economic and Social Committee: opinion, report: CES6310/2022
- Contribution: COM(2022)0732
- Contribution: COM(2022)0732
- Document attached to the procedure: SEC(2022)0445
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0425
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0426
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0427
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0428
- Legislative proposal published: COM(2022)0732
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0445
- Document attached to the procedure: EUR-Lex SWD(2022)0425
- Document attached to the procedure: EUR-Lex SWD(2022)0426
- Document attached to the procedure: EUR-Lex SWD(2022)0427
- Document attached to the procedure: EUR-Lex SWD(2022)0428
- Economic and Social Committee: opinion, report: CES6310/2022
- Committee draft report: PE749.081
- Amendments tabled in committee: PE750.067
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000946
- Text agreed during interinstitutional negotiations: PE759.031
- Contribution: COM(2022)0732
- Contribution: COM(2022)0732
- Contribution: COM(2022)0732
| Amendments | Dossier |
| 266 |
2022/0426(COD)
2023/07/07
LIBE, FEMM
266 amendments...
Amendment 100 #
Proposal for a directive Recital 9 a (new) (9a) To achieve the objective of discouraging the demand that encourages trafficking, criminal justice efforts need to be combined with other measures. Such measures should include victim-centre information and awareness-raising campaigns, training, including training specifically designed for men, education activities promoting equality and combating sexist stereotypes, racism, and gender based violence, as well as research to analyse the relationship between situations of vulnerability and exposure to risks of trafficking.
Amendment 101 #
Proposal for a directive Recital 9 a (new) (9a) Persons with disabilities, including women and girls with disabilities, and persons with intellectual or psychosocial disabilities, are at an increased risk of becoming victims of trafficking of human being. Perpetrators may target them due to their disability and the barriers they face to report the offence and access justice.
Amendment 102 #
Proposal for a directive Recital 9 b (new) (9b) However, for other types of exploitation of victims of trafficking as set out in this Directive and not already mentioned in Recital 9 or 9a of this Directive, a person should only be liable of a criminal offence if they purchase services which are the objects of exploitation with knowledge that the person is a victim of trafficking.
Amendment 103 #
Proposal for a directive Recital 9 c (new) (9c) Persons with any type of disability, in particular girls with disabilities, are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 104 #
Proposal for a directive Recital 10 (10) The collection of accurate
Amendment 105 #
Proposal for a directive Recital 10 (10) The collection of accurate and
Amendment 106 #
Proposal for a directive Recital 10 (10) The collection of accurate
Amendment 107 #
Proposal for a directive Recital 10 a (new) (10a) In the light of the Stockholm Programme and with a view to developing a consolidated Union strategy against trafficking in human beings aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat such trafficking, Member States should, in order to commend the good work done by the EU Anti-Trafficking Coordinator in coordinating the EU’s response to trafficking in human beings and developing knowledge and findings on the various aspects of trafficking in human beings, including research into the gender dimension and the particular vulnerability of children, facilitate the tasks of an anti- trafficking coordinator, which may include for example improving coordination and coherence, avoiding duplication of effort, between Union institutions and related agencies as well as between Member States and inter-national actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against trafficking in human beings or reporting to the Union institutions.
Amendment 108 #
Proposal for a directive Recital 10 a (new) (10a) In combating trafficking in human beings in migration contexts Member States should implement comprehensive measures including efficient diagnosis of cases of trafficking of human beings, constant monitoring of this phenomenon, providing support and protection to victims and conducting training for persons likely to come into contact with victims.
Amendment 109 #
Proposal for a directive Recital 10 a (new) (10a) The child’s best interests must be a primary consideration when carrying out any measures to combat the offences referred to in this Directive in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.
Amendment 110 #
Proposal for a directive Recital 10 b (new) (10b) The assessment of whether the victims of human trafficking needs special procedural guarantees and special reception needs, as provided for in the Regulation EU/XX/YY of the European Parliament and of the Council [Proposed Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU] and Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on laying down standards for the reception of applicants for international protection], is hardly practiced or carried out partially in certain Member States.
Amendment 111 #
Proposal for a directive Recital 10 c (new) (10c) All Member States must comply with the principle of non-refoulement, which prohibits States from transferring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparable harm upon return, including persecution, torture, ill- treatment or other serious human rights violation. The principle of non- refoulement binds all Member States in accordance with the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union.
Amendment 112 #
Proposal for a directive Recital 10 d (new) (10d) Short-term assistance and support are not sufficient for victims of trafficking who fear persecution or other serious human rights violations and cannot return home. Such persons need international protection as provided for in the Convention Relating to the Status of Refugees and the Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted], in international human rights law or subsidiary forms of protection under regional and national law. This entails protection against refoulement and in some instances, the granting of asylum, subsidiary protection or another protection status.
Amendment 113 #
Proposal for a directive Recital 10 e (new) (10e) Inherent in the trafficking experience are different forms of severe exploitation as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, the deprivation of medical treatment, among others. Such acts constitute serious violations of human rights, which might amount to persecution and therefore, justify the granting of International Protection to the person of concern.
Amendment 114 #
Proposal for a directive Recital 10 f (new) (10f) There is a very low number of registered victims of human trafficking in International Protection procedures across the European Union. Applicants for International Protection who are identified as victims of human trafficking might have been obliged to change from the asylum procedure and claim a residence permit under the Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third- country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities in some Member States.
Amendment 115 #
Proposal for a directive Recital 10 g (new) (10g) In view of the complexities of the asylum applications of victims of trafficking, their applications should not be examined in the framework of a border procedure. Such applications require a fully-fledged examination by the competent national authorities through the established asylum procedure in accordance with Regulation EU/XX/YY of the European Parliament and of the Council [Proposed Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU].
Amendment 116 #
Proposal for a directive Recital 10 h (new) (10h) The trafficking of individuals across international borders gives rise to a complex situation, which requires a broad analysis taking into account the various forms of harm that have occurred at different points along the trafficking route. The continuous and interconnected nature of the range of persecutory acts involved in the context of transnational trafficking should be given due consideration.
Amendment 117 #
Proposal for a directive Recital 10 i (new) (10i) Members of a certain race or ethnic group in a given country may be especially vulnerable to trafficking and/or less effectively protected by the authorities of the country of origin. Therefore, victims may be targeted on the basis of their ethnicity, nationality, religious, political views or belonging to a particular social group.
Amendment 118 #
Proposal for a directive Recital 10 j (new) (10j) Humanitarian crises exacerbate the exposure of migrants, refugees and asylum-seekers to traffickers. The lack of safe and legal migration pathways for asylum seekers increases their vulnerability to trafficking.
Amendment 119 #
Proposal for a directive Recital 10 k (new) (10k) In certain Member States, an approach based on the protection of the victims’ human rights is lacking in the implementation of national actions regarding the fight against trafficking. Certain Member States adopt an approach focused on prosecuting crimes during the identification process, instead of an approach focused on the victim’s rights and protection.
Amendment 120 #
Proposal for a directive Recital 10 l (new) (10l) Member States should provide for special assistance and support to address the specific vulnerabilities of victims of trafficking. In doing so, Member states should provide assistance and support in a manner which takes into account the age, gender and special needs of victims of trafficking.
Amendment 121 #
Proposal for a directive Recital 10 m (new) (10m) If protected and assisted, victims are less likely to abscond with the risk of being re-victimized and re-trafficked, and they are likely to be more open to participating voluntarily in criminal proceedings by giving evidence against traffickers, once trust has been built with support services and authorities.
Amendment 122 #
Proposal for a directive Recital 10 n (new) (10n) Member States should integrate counter-trafficking measures as part of any emergency response plans, including in crisis migratory situations, natural disasters, and pandemic contexts. Such measures should be carried out from the onset of any crisis and should include child protection measures.
Amendment 123 #
Proposal for a directive Recital 11 (-1) Recital 11 is amended as follows: (11) 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 services as defined in the 1930 ILO Convention No 29 concerning Forced or Compulsory Labour. Therefore, the exploitation of begging, including the use of a trafficked dependent person for begging, falls within the scope of the definition of trafficking in human beings only when all the elements of forced labour or services occur. In the light of the relevant case-law, the validity of any possible consent to perform such labour or services should be evaluated on a case-by-case basis. However, when a child is concerned, no possible consent should ever be considered valid. The expression ‘exploitation of criminal activities’ should be understood as the exploitation of a person to commit, inter alia, pick-pocketing, shop-lifting, drug trafficking 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 constitutes a serious violation of human dignity and physical integrity, as well as, for instance, other behaviours such as illegal adoption, forced marriage and surrogacy, in so far as they fulfil the constitutive elements of trafficking in human beings.
Amendment 124 #
Proposal for a directive Recital 11 a (new) (11a) In order to clarify a legal uncertainty in the definition of trafficking in human beings, this Directive adopts a broader concept of what it should be considered than under Directive 2011/36/EU and Framework Decision 2002/629/JHA, and therefore includes additional forms of exploitation. The contract, usually called surrogacy, through which a natural or legal person agrees with a woman that she will carry a child for the purpose of handing it upon birth, regardless of the name and terms and conditions of such contract, is considered human trafficking, both of the woman who carries or is to carry the child and of the child.
Amendment 125 #
Proposal for a directive Recital 12 (12) The Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the respect and protection of human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the right to the bodily and mental integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the equality between women and men, the rights of the child, the rights of persons with disabilities, and the prohibition of child labour, the right to an effective remedy and to a fair trial, the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles, which are to be implemented
Amendment 126 #
Proposal for a directive Recital 12 (12) The Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the respect and protection of human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the right to the integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work,
Amendment 127 #
(16a) In accordance with the European Parliament resolution of the 21st of January 2021 on the EU Strategy for Gender Equality (2019/2169(INI)), in its paragraph 32, which “acknowledges that sexual exploitation for surrogacy and reproductive purposes or purposes such as forced marriages, prostitution and pornography is unacceptable and a violation of human dignity and human rights”. In accordance with the European Parliament resolution of the 10th of February 2021 on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (2020/2029(INI)), in its paragraph 28, that classifies surrogacy as a Traffic in Human Beings. In accordance with the European Parliament resolution of 5th of May 2022 on the impact of the war against Ukraine on women (2022/2633(RSP)), that “underlines the serious impact of surrogacy on women, their rights and their health, the negative consequences for gender equality and the challenges stemming from the cross- border implications of this practice, as has been the case for the women and children affected by the war against Ukraine; asks the EU and its Member States to investigate the dimensions of this industry, the socio-economic context and the situation of pregnant women, as well as the consequences for their physical and mental health and for the well-being of babies; calls for the introduction of binding measures to address surrogacy, protecting women’s and newborns’ rights”.
Amendment 128 #
Proposal for a directive Recital 16 b (new) (16b) Member States should ensure that a guardian is appointed to unaccompanied child victims of trafficking in human beings to represent, assist and act on their behalf in order to safeguard their best interests and general well-being. When, in accordance with this Directive, a guardian and/or a representative are to be appointed for a child, those roles may be performed by the same person or by a legal person, an institution or an authority.
Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage,
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage,
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption”, "or the exploitation of a woman for reproductive purposes through surrogacy" is added at
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage, including those involving children, surrogacy or illegal adoption” is added at the end of the paragraph.
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy, or sale of children” is added at the end of the paragraph.
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or trafficking into institutions” is added at the end of the paragraph.
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy” is added at the end of the paragraph.
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2011/36/EU Article 2 – paragraph 3 (1) in Article 2, paragraph 3, “or forced marriage,
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2011/36/EU Article 2 – paragraph 3 (1a) in Article 2, paragraph 3, the following sentence is added at the end of the paragraph : With regard to the inclusion of "forced marriage, or illegal adoption, or surrogacy, or sale of children" as forms of trafficking in human beings, Member States' exclusive competences shall be respected, in particular with regard to the definition of marriage and the conditions for marriage and adoption.
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2011/36/EU Article 2 – paragraph 3 (1a) in Article 2, paragraph 3, “including pornography” is added after "other forms of sexual exploitation".
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 a (new) Directive 2011/36/EU Article 2 – paragraph 3 In Article 2, paragraph 3 is replaced by the following: "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 140 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2011/36/EU Article 2 – paragraph 6 a (new) (1a) in Article 2, the following paragraph is added: 6a. Exploitation referred to in this Article shall include acts committed remotely through the use of information and communication technologies.
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Directive 2011/36/EU Article 2 – paragraph 6 a (new) (1b) in Article 2, the following paragraph is added: "6a. Exploitation referred to in this article should include cases of in-person interaction and acts committed remotely through the misuse of technology and electronic means."
Amendment 142 #
Proposal for a directive Article 2 b (new) Directive 2011/36/EU Article 2 b (new) Article 2b The following Article is inserted: 1. Member States shall provide adequate resources and specialised facilities for the actual and presumed victims of trafficking, including women, unaccompanied and separated minors, and to ensure safe places in shelters; Member States shall ensure the presence of gender-trained staff in reception facilities and to provide adequate support and funding to civil society organisations working with them. 2. Member States shall automatically provide an asylum for the victims of human trafficking; returns are problematic, as it may be difficult for returnees to enter the home community and in the worst case, victims may even be retrafficked or punished and discriminated against. 3. Member States shall take special cases into consideration; for example big sport events increase human trafficking and for this the Member States must take all measures of preventive action.
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2011/36/EU Article 4 – paragraph 2 – point a (2a) in Article 4, paragraph 2a the following sentence is added: "(a) was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims
Amendment 144 #
(2b) In Article 4, paragraph 2, point (a) is replaced by the following: "(a) was committed against a victim who was particularly vulnerable, which, in the context of this Directive, shall include at least child victims and victims in a situation of dependence or a state of physical, mental, intellectual or sensory disability;"
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2011/36/EU Article 4 – paragraph 2 – point a a (new) (2a) in article 4, paragraph 2, a new indent is added : (aa) was committed placing a child in residential or closed-type institutions or taking advantages of the vulnerability of children already living in these institutions;
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2011/36/EU Article 4 – paragraph 2 – point d a (new) (2b) in article 4, paragraph 2, a new point is added after (d): "(da) was committed by means of information or communication technologies sharing or threatening to share images, videos or other material linked to the exploitation of the victim to other users or sending messages with the intention to keep the victim in a situation of exploitation, to place the victim in a situation of vulnerability, to cause psychological harm or to obtain economic benefits.
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2011/36/EU Article 4 – paragraph 2 – points d a, d b and d c (new) (2c) In Article 4, paragraph 2, the following points (da), (db) and (dc) are added: "(da) the offence was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances; (db) the offence resulted in the death of the victim or severe physical or psychological harm for the victim; (dc) the offender has previously been convicted of offences of the same nature."
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2011/36/EU Article 4 – paragraph 2 – point e (new) (e) was committed through creation of sexually explicit content featuring a victim of trafficking and shared trough technology and electronic means to a wider audience.
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2011/36/EU Article 4 – paragraph 2 – point e (new) (2a) in paragraph 2 of Article 4, the following point e) is inserted: “(e) was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances"
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2011/36/EU Article 6 – paragraph 2 – point e (new) Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2011/36/EU Article 4 – paragraph 2 – point e (new) (2b) In Article 4, paragraph 2, the following point is inserted: "(e) new the offender has previously been convicted of offences of the same nature."
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2011/36/EU Article 4 – paragraph 2 – point f (new) (f) was committed in migration contexts particularly those acts carried out in such a manner as to expose the persons to danger for their life or safety or by subjecting them to inhuman or degrading treatment.
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2011/36/EU Article 4 – paragraph 2 – point f (new) (2b) In paragraph 2 of Article 4, the following point (f) is inserted: “(f) was committed through creation of sexually explicit content featuring a victim of trafficking and shared through electronic means to a wider audience.”
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2011/36/EU Article 4 – paragraph 4 a (new) (2a) in Article 4, a new paragraph is added: "4a. Member States shall take the necessary measures to ensure that, in addition to the penalties referred to in paragraphs 1 and 2, intentional acts and means referred to in Article 2(1), and exploitation as set out in Article 2(3) are punishable by fines proportionate to the gravity and duration of the harm caused to the victim of human trafficking, as well as to the financial benefits accrued by committing the offence."
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2011/36/EU Article 4 – paragraph 4 a (new) (2a) in Article 4, a new paragraph is added: (4a) Member States shall take the necessary measures to ensure that an offence referred to in Articles 2 or 3 entail the loss of any European or national residence permits and immediate deportation for non-EU citizens after the strict enforcement of the penalties.
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2011/36/EU Article 4 b (new) (2d) The following Article 4 b is included: "Liability of natural persons Member States shall ensure that natural persons that commit an offence referred to in Article 2 can be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage."
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2011/36/EU Article 5 – paragraphs 1 and 2 (2c) in Article 5, paragraphs 1 and 2 are amended as follows: 1. Member States shall take the necessary measures to ensure that legal persons can be held liable for the offences referred to in Articles 2, 3 and 18a committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; or (c) an authority to exercise control within the legal person. 2. Member States shall also ensure that a legal person can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of the offences referred to in Articles 2, 3 and 18a for the benefit of that legal person by a person under its authority.
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2011/36/EU Article 5 – paragraphs 2 a (new) and 2 b (new) (2e) In Article 5, the following paragraphs are included: "2a. Member States shall ensure that legal persons that commit an offence referred to in Article 2 can be held liable under civil law, where relevant, for any harm or damage they cause as a result of that offence, and, in conformity with national law, can be required to compensate the persons who have suffered that harm or damage. 2b. Member States shall ensure that online platforms can be held liable under civil law if they fail to promptly remove illegal content related to the trafficking in human being, when such content is reported by users or identified by the platforms’ own-initiative monitoring."
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2011/36/EU Article 5 – paragraph 4 a (new) in Article 5, a new paragraph is added: "4a. Members States shall take the necessary measures to ensure that legal persons operating, managing or controlling websites offering sexual services, no matter the place of their legal registration, can be held liable for the advertising of minors for sexual services on their websites."
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2011/36/EU Paragraph 5 – point 4 a (new) (2c) in Article 5, a new paragraph is inserted: “4a. Members States shall take the necessary measures to ensure that legal persons operating, managing or controlling websites offering sexual services, no matter the place of their legal registration, can be held liable for the advertising of minors for sexual services on their websites"
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2011/36/EU Article 5 a (new) (2d) the following article is inserted after article 5: "Article 5a Measures to combat technology-facilitated trafficking 1. Member States shall take the necessary measures to ensure that online platforms, as defined by Article 3 (i) of Regulation 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC, no matter the place of their legal registration, and whose services are being used to facilitate or commit acts within the territory of Member States, carry out the following measures: a. Implement age verification mechanisms for, at minimum: (i) visitors of websites with sexually explicit content; (ii) individuals uploading content to higher-risk sites such as sexual service sites or pornographic sites; (iii) individuals depicted in sexually explicit materials; b. Implement consent verification mechanisms for individuals depicted in pornographic and sexually explicit content that is uploaded to any online platform prior to its distribution; c. Implement clear and publicly-accessible content-removal request mechanisms for non-consensual, sexually explicit materials."
Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/UE Article 7 – paragraph 1 a (new) in Article 7, the following paragraph is inserted: "1a. Member States shall take the necessary measures to ensure that the confiscated assets are used to fund victims’ services and further invest into investigation and prosecution of trafficking cases."
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 7 – paragraph 2 (new) 1. Member States shall take the necessary measures to ensure that their competent authorities are entitled to trace, freeze, manage and confiscate, in accordance with Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]32 , the proceeds derived from, and instrumentalities used or intended to be used for the commission, or contribution to the commission, of the offences referred to in this Directive. 2. Member States shall take the necessary measure to ensure that frozen and confiscated instrumentalities and proceeds from the offences referred to in Article 2 are used, as a matter of priority, to provide victims support, assistance and protection, including through direct compensation of victims. Where it is not possible to use frozen and confiscated instrumentalities and proceeds to provide support, assistance, and protection directly to victims concerned from the offences referred to in Article 2, frozen and confiscated assets should be used for social purposes, in particular through assignment to organisations carrying out work of social interest to assist and support victims of trafficking. Frozen and confiscated assets should not constitute the only means of providing compensation, support, or assistance to victims. To that effect, Member States should establish a dedicated national fund for victims of trafficking. _________________ 32 COM (2022) 245.
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 7 – Paragraph 2 (new) In article 7, the following paragraph is added: 1. Member States shall take the necessary measures to ensure that their competent authorities are entitled to trace, freeze, manage and confiscate, in accordance with Directive EU/XX/YY of the European Parliament and of the Council [Proposed
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 8 3a. Article 8 is replaced by the following: "Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities do not exclude victims of trafficking in human beings from support measures, or prosecute or impose administrative or criminal penalties on victims of trafficking in human beings in reason of their residence, immigration, or labour status, or for their involvement in activities which they have been compelled to commit as a consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall take the necessary measures to ensure that decisions of the competent national authorities referred to in paragraph 1 as well as decisions related to the protection of and support to victims of trafficking, including by regularisation of their residence, migration, or labour status, are not made conditional on the victims cooperation in the criminal investigation, prosecution or trial for offences related to their situation as trafficked persons. 3. Member States shall take the necessary measures to ensure that victims of trafficking in human beings are not be detained, charged or prosecuted with administrative or criminal offences or excluded from support measures because of their decision not to cooperate with investigating or prosecuting authorities."
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 8 Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/36/EU Article 8 (3a) Article 8 is replaced by the following: "Article 8 Non-punishment of the victim 1. Member States shall take the necessary measures, including specific penal provisions and prosecutorial guidelines, to ensure that victims of trafficking in human beings are not held liable under criminal, civil or administrative law, and are not detained, charged, prosecuted or otherwise punished for their involvement in unlawful activities, including criminal activities to the extent that such involvement is a direct consequence of their situation as victims of trafficking in human beings. 2. Member States shall take the necessary measures to ensure that any proceedings against a victim of trafficking in human beings is discontinued and any restrictions of victims’ rights including deprivation of liberty are terminated, when grounds for the application of the non-punishment provision have been found by competent authorities. 3. Member States shall take the necessary measures to ensure that police and criminal records of victims of trafficking in human beings are cleared and any sanctions including fines or other administrative sanctions are cancelled, when competent authorities have wrongfully failed to apply the non- punishment provision, and a criminal, civil or administrative proceeding has been initiated or a sentence has been pronounced against a victim. 4. Member States shall take the necessary measures to ensure that the application of the non-punishment principle is not made conditional on the cooperation of the victim in the criminal investigation, prosecution or trial. 5. Member States shall take the necessary measures to ensure that any decision concerning the application of the non-punishment provision is taken following an individual assessment by trained and qualified officials."
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/36/EU Article 8 (3a) Article 8 is replaced by the following: Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that victims of human trafficking are not detained, charged, prosecuted or imposed fines upon for the illegality of their entry into or residence in Member States of transit or destination or other breaches of immigration law, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall ensure that procedures and processes are in place for receipt and consideration of asylum claims from victims of human trafficking and that the principle of non-refoulement is respected and upheld at all times, regardless of the illegality of entry into or residence in Member States of transit or destination or other breaches of immigration law and regardless of the status of the person, such as undocumented or stateless.
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/36/EU Article 8 (3a) Article 8 is replaced by the following: “Article 8 Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/36/EU Article 8 (3a) Article 8 is replaced by the following: "1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that the appointed competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 b (new) Directive 2011/36/EU Article 8 in Article 8, the following paragraphs are added: "1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 a (new) Directive 2011/36/EU The following Article is inserted: Article 8a (new): Presumed victims shall cooperate with Member States’ law enforcement services to help dismantle criminal networks. When such cooperation takes place, it is necessary to ensure that administrative or criminal proceedings are not initiated against presumed victims. It is therefore necessary to review Directive 2011/36/EU in order to ensure the non-prosecution, non-application of penalties and support to victims is conditional on their cooperation in the criminal investigation, prosecution or trial.
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 9 – paragraph 3 Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/36/EU Article 9 – paragraph 3 (3a) In Article 9, paragraph 3 is replaced by the following: "3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 9 – paragraph 4 3b. in Article 9, paragraph 4 is amended as follows: 4. 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 the offences referred to in Articles 2, 2a, and 3. Member States shall ensure that measures taken to detect, prevent, investigate and prosecute the offences referred to in Articles 2, 2a, and 3 are proportionate to the offence committed or the accusation against the person concerned, and are ordered without prejudice to the procedural safeguards established under national law, and the guarantees provided under the Union data protection acquis. Member States shall ensure that measures taken by competent authorities to investigate or prosecute the offences referred to in Article 2a respect victims’ rights to privacy.
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 a (new) Directive 2011/36/EU Article 9 Article 9 is replaced by the following: "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 or their legal representative and that criminal proceedings may continue even if the victim has withdrawn his or her statement of formal accusation. 2. Member States shall take the necessary measures to enable, where the nature of the act calls for it, the prosecution of an offence referred to in Articles 2 and
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 c (new) Directive 2011/36/EU Article 9 Article 9 is replaced by the following: "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 or their legal representative and that criminal proceedings may continue even if the victim has withdrawn his or her statement or formal accusation. 2. Member States shall take the necessary measures to enable, where the nature of the act calls for it, 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. 3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/36/EU Article 11 – title (3a) In Article 11, the title is replaced by the following: Assistance, support and protection for victims of trafficking in human beings
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2011/36/EU Article 11 – paragraph 1 (3b) in Article 11, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive.
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 11 – paragraph 1 Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/36/EU Article 11 – paragraph 1 (4a) Article 11(1) is replaced by the following: “Article 11 Assistance and support for victims of trafficking in human beings 1. Member States shall take the necessary measures to ensure that assistance and support are provided
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 d (new) Directive 2011/36/EU Article 11 – paragraph 1 In Article 11, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/36/EU Article 11 – paragraph 2 (4a) In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with the necessary specialised physical and psychological assistance and support as
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 e (new) Directive 2011/36/EU Article 11 – paragraph 2 In Article 11, paragraph 2 is replaced by the following: "2. Member States shall take the necessary measures to ensure that a person is provided with specialised physical and psychological assistance and support as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3.
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2011/36/EU Article 11 – paragraph 3 Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) Directive 2011/36/EU Article 11– paragraph 3 (4b) Article 11– paragraph 3 is replaced by the following: "3. Member States shall take the necessary measures to ensure that assistance and support for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – introductory part Directive 2011/36/EU Article 11 (4)
Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 -4. In Article 11, the following paragraphs are added: 1. Member States shall take the necessary measures to ensure that gender- sensitive assistance, support and protection are provided to victims, including before, during and for an appropriate period of time after the conclusion of criminal proceedings necessary for their physical and psychological recovery on the basis of a timely and individual assessment including a risk assessment. and in order to enable them to exercise the rights set out in Directive 2012/29/EU and in this Directive. 2. Member States shall take the necessary measures to ensure that a person is considered and treated as a victim, provided with assistance, support and protection as soon as the competent authorities have a reasonable-grounds indication for believing that the person might have been subjected to any of the offences referred to in Articles 2 and 3. 3. Member States shall ensure that assistance, and support and protection for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial. Member States shall ensure that professionals likely to come into contact with victims of trafficking, including law enforcement authorities, health care personnel, social services, general and specialist support services and judicial authorities, receive evidence-based training and targeted information on a level appropriate to their contacts with victims, to enable them to detect, prevent and address trafficking in human beings and avoid secondary victimisation. Such training shall be developed through an intersectional lens in consultation with relevant stakeholders including support services specialised in victims of trafficking, and shall be victim-centred.
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36 Article 11 – paragraph 4 4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. National referral mechanisms shall include close cooperation and establish protocols with national asylum authorities to ensure that protection, support and assistance is provided to victims of trafficking who are also in need of international protection, taking into account the victim’s individual circumstances, including whether they experience discrimination based on grounds such as gender, sex, race or ethnicity, disability, age, sexual orientation, gender identity, gender expression and sex characteristics, or a combination of those. Member States shall ensure compliance with the principle of non-refoulement and the right of victims to claim for international protection.
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 4 4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In addition, when dealing with child victims, in particular, girls, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws,
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 4.
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 paragraph 4 4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In cases involving children and child victims, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims and, once the legal proceedings have ended, to allow them to return to their states of origin as a matter of priority.
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, including hotlines, and to appoint a national focal point for the referral of victims.
Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 a (new) 4a. In Article 11, the following paragraph is inserted: “4a. Member States shall take the necessary measures to ensure identification and referral of victims of human trafficking by relevant State authorities and officials such as police, border guards, immigration officials and others involved in the detection, detention, reception and processing of irregular migrants, refugees. asylum seekers, displaced persons and stateless persons, to permit the rapid and accurate identification of victims of human trafficking.
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 4 a (new) 4a. In Article 11, the following paragraph is inserted: Member States shall ensure that victims of human trafficking can claim international protection or similar forms of protection provided by national legislation where the willingness of victims to cooperate with national law enforcements is sufficiently assessed.
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/36/EU Article 11 – paragraph 4 a (new) Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) Directive 2011/36/EU Article 11 – paragraph 4 Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/36/EU Article 11 – paragraph 5 (4a) in Article 11, paragraph 5, is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include long- term assistance and at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, access to education and labour market as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate.
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 4 c (new) Directive 2011/36/EU Article 11– paragraph 5 (4c) Article 11– paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate.
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 f (new) Directive 2011/36/EU Article 11 – paragraph 5 In Article 11, paragraph 5 is replaced by the following: "5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures
Amendment 203 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 – paragraph 7 4a. In Article 11, paragraph 7 is replaced by the following: 7. Member States shall attend to victims with special needs, where those needs derive, in particular, from whether they are pregnant, their health, a disability, or a serious form of psychological, physical or sexual violence they have suffered.
Amendment 204 #
Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 4 d (new) Directive 2011/36/EU Article 11– paragraph 7 (4d) In Article 11– paragraph 7 is replaced by the following: "7. Member States shall attend to victims with special needs, where those needs derive, in particular, from whether they are pregnant, their health, a disability, a mental or psychological disorder they have, or a serious form of psychological, physical or sexual violence they have suffered.
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/36/EU Article 11 (4a) In Article 11, the following paragraph is inserted: "8. Support services for victims of trafficking in human beings shall have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance."
Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/36/EU Article 11 Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 4 c (new) Directive 2011/36/EU Article 11 a (new) Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 4 d (new) Directive 2011/36/EU Article 11 b (new) (4d) The following article is inserted Article 11b (new): Stateless victims of trafficking 1. Member States shall take into consideration the particular protection needs of persons who are stateless or at risk of statelessness, including by introducing mechanisms to establish the identity and nationality status of trafficking victims in order to prevent them from being rendered stateless. 2. Member States shall identify whether trafficking victims are stateless and shall take the necessary measures to ensure their assistance, support and protection in accordance with article 11.
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 4 e (new) Directive 2011/36/EU Article 12 – paragraph 2 (4e) In Article 12, paragraph 2 is replaced by the following: "2. Member States shall ensure that victims of trafficking in human beings have access without delay to legal counselling, and, in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge where the victim does not have sufficient financial resources
Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 4 e (new) Directive 2011/36/EU Article 12 – paragraph 2 (4e) in Article 12, paragraph 2 is replaced by the following: "2. Member States shall ensure that
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 4 f (new) Directive 2011/36/EU Article 13 – paragraph 2 a (new) (4f) in Article 13, the following paragraph is added: 2a (new) 2a. Member States shall ensure the early identification of child victims of trafficking who are also in need of International Protection, to ensure that any children who give any indication that they could be at risk of persecution are identified and referred to the competent national asylum authorities in accordance with article 11a.
Amendment 213 #
(4a) In Article 13, the following paragraphs are inserted: 3. Member States shall ensure that reporting procedures are safe, confidential and accessible for children, in accordance with their age and maturity. 4. Member States shall ensure that psychological, psychosocial, emotional and educational support is provided to child victims in accordance to their age and maturity. Support shall also be provided to children who have witnessed trafficking or children who became deprived of parental care as a result of trafficking.
Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/36/EU Article 14 (4a) Article 14, paragraph 1, is amended as follows: 1. Member States shall take the necessary measures to ensure that the specific actions to 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 with a view to finding a durable solution for the child, including programs to support their transition to emancipation and adulthood in order to avoid re- trafficking . Within a reasonable time, Member States shall provide access to education for child victims and the children of victims who are given assistance and support in accordance with Article 11, in accordance with their national law. Member States shall provide accommodation for child victims without depriving them of liberty.
Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) Directive 2011/36/EU Article 14 – paragraph 2 (4b) In article 14 paragraph 2, the following paragraph is added at the end: This provision shall apply also if the child is a victim of trafficking in human beings while being under the guardianship of a public or a private institution.
Amendment 216 #
(4g) in Article 14, the following paragraph is added: "2a. Member States shall ensure that reporting procedures are safe, confidential and accessible for children, in accordance with their age and maturity."
Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 4 h (new) Directive 2011/36/EU Article 15 – paragraph 2 (4h) in Article 15, paragraph 2 is replaced by the following: "2. Member States shall, in accordance with the role of victims in the relevant justice system, ensure that child victims have access without delay to free legal counselling in a language they can understand and to free legal representation, including for the purpose of claiming compensation, unless they have sufficient financial resources.
Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 4 i (new) Directive 2011/36/EU Article 15 – paragraph 3 – point a (4i) in Article 15, paragraph 3a is replaced by the following: "(a) interviews with the child victim take place without
Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 g (new) Directive 2011/36/EU Article 16 – paragraph 1 In Article 16, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, as referred to in Article 14(1), take due account of the personal and special circumstances of the unaccompanied child victim.
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 4 c (new) Directive 2011/36/EU Article 16 – paragraph 3 (4c) Article 16 paragraph 3 is replaced by the following: Member States shall ensure that a guardian is appointed to unaccompanied child victims of trafficking in human beings to represent, assist and act on their behalf, as applicable, in order to safeguard their interests and general well- being and so that the unaccompanied minor can benefit from the rights under this Directive and that the necessary measures are taken to determine their identity and nationality and to find their family, provided that this is in the best interest of the child.
Amendment 221 #
Proposal for a directive Article 1 – paragraph 1 h (new) Directive 2011/36/EU Article 16 – paragraph 4 Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 4 d (new) Directive 2011/36/EU Article 16 (4d) In Article 16, the following paragraph is added at the end: (5a) Member States shall take appropriate action to facilitate cooperation between each other in cases of disappearance of unaccompanied child victims of trafficking in human beings to find and protect them.
Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) Directive 2011/36/EU Article 17 – paragraph 1 (4b) Article 17, paragraph 1 is amended as follows and paragraph 2 is added: 1. Member States shall ensure that victims of trafficking in human beings have access to existing schemes of compensation to victims of violent crimes of intent, including the right to seek compensation from the offender. 2. Member States shall take the necessary measures to ensure that recovered assets and administrative fines are used to pay compensation to victims.
Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 4 c (new) Directive 2011/36/EU Article 17 Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 4 d (new) Directive 2011/36/EU Article 17 Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 4 f (new) Directive 2011/36/EU Article 17 (4f) Article 17 is replaced by the following: "Member States shall ensure that victims of trafficking in human beings have access to existing schemes of compensation
Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 4 c (new) Directive 2011/36/EU Article 17 (4c) The following Article is included: Article 17a Access to justice Member States shall ensure that the victims of trafficking have the right to an effective legal remedy under national law in the event of a breach of obligations deriving from this Directive.
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 4 e (new) Directive 2011/36/EU Article 18 – paragraph 1 Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2011/36/EU Article 18 – paragraph 1 (6a) Article 18 – paragraph 1 is replaced by the following: "1. Member States shall
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 i (new) Directive 2011/36/EU Article 18 – paragraph 1 In Article 18, paragraph 1 is replaced by the following: "1. Member States shall take appropriate measures, such as education and training, with a specific attention to the online dimension, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings.
Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 4 e (new) Directive 2011/36/EU Article 18 (4e) In Article 18, the following paragraph is added after paragraph 1: (1a) In the case of children, Member States shall ensure that child protection systems, including residential or closed- type institutions, develop specific plans to prevent trafficking in human beings.
Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 4 f (new) Directive 2011/36/EU Article 18 – paragraph 2 Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 j (new) Directive 2011/36/EU Article 18 – paragraph 2 In Article 18, paragraph 2 is replaced by the following: "2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research and education programmes
Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 4 j (new) Directive 2011/36/EU Article 18 – paragraph 2 (4j) in Article 18, paragraph 2 is replaced by the following: "2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research and education programmes,
Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2011/36/EU Article 18 – paragraph 2 Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 4 d (new) Directive 2011/36/EU Article 18 – paragraph 2 (4d) In Article 18, the following paragraphs are added: 2a. Member States shall ensure that awareness-raising campaigns are victim- centre and aim at increasing understanding among the public of the driving factors of trafficking, placing special attention to its gendered dimension, discrimination based on racial and ethnic origin, and situations of vulnerability, as well as at challenging harmful stereotypes and changing norms that justify exploitation and abuse. 2b. Member States shall take measures to conduct in-depth qualitative research to analyse the relationship between situations of vulnerability and exposure to risks of trafficking including research to examine the nexus between gender and trafficking situations, in particular less visible forms of trafficking such as domestic servitude and organ removal, taking into account an intersectional approach. Research shall also examine the root causes, prevalence, impact, victims, perpetrators, manifestations, channels and the need for support and protection services.
Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 4 k (new) Directive 2011/36/EU Article 18 – paragraph 3 Amendment 238 #
Proposal for a directive Article 1 – paragraph 1 – point 4 f (new) Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 6 c (new) Directive 2011/36/EU Article 18 – paragraph 3 (6c) Article 18 – paragraph 3 is replaced by the following: "3. Member States shall promote regular mandated training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, welfare officers, social workers and hospital workers aimed
Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 k (new) Directive 2011/36/EU Article 18 – paragraph 3 In Article 18, paragraph 3 is replaced by the following: "3. Member States shall promote regular specialised training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, judges, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings.
Amendment 241 #
Proposal for a directive Article 1 – paragraph 1 – point 4 g (new) Directive 2011/36/EU Article 18 (4g) In Article 18, the following paragraph is added at the end: (4a) Member States shall envisage anti- trafficking measures as part of their emergency response plans and facilitate cooperation and coordination between each other in order to prevent and reduce the occurrence of trafficking in human beings in such contexts.
Amendment 242 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2011/36/EU Article 18 (5a) In Article 18, the following paragraph is added: 5. Member States shall put in place effective, accessible, and independent complaint mechanisms to prevent violations of labour rights and precarious working conditions. Such mechanisms would contribute to the early identification of, assistance to and support for victims of trafficking. Complaints may be put forward by third parties, such as NGOs, trade unions, or migrant workers’ organisations, on behalf of the victim under the condition that the victim has given consent. Coming forward with a complaint should not lead to any reprisals for the victim, particularly in relation to their immigration status. This includes protection from fines and other administrative sanctions, prosecution for immigration-related criminal offences, arrest, detention and deportation. Member States shall ensure that complaints put forward pursuant to this paragraph are assessed and investigated promptly, and adequately followed up including, where appropriate, through the application of administrative penalties.
Amendment 243 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 a –title Offences concerning the use of services which are the object of sexual exploitation
Amendment 244 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 Offences concerning the use of services which are the object of exploitation
Amendment 245 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 Offences concerning the use of services which are the object of exploitation
Amendment 246 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 Offences
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 a – paragraph 1 1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 a – paragraph 1 1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the intentional use of services or audiovisual material which are the objects or results of
Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 – paragraph 1 1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish
Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 6 1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article
Amendment 251 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 a – paragraph 1 1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article
Amendment 252 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU 1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services of people which are the objects of exploitation
Amendment 253 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1a. in article 18a, the following paragraph is added after paragraph 1: (1a) In order to discourage the demand for trafficking in human beings for sexual exploitation, Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) procuring, hiring, or enticing another person for the purposes of prostitution; (b) obtaining any profit from the prostitution of another person.
Amendment 254 #
1a. Exploitation through the purchase of sexual services, as set out in Article 2 of this Directive. This includes soliciting, accepting or obtaining any sexual relation from a person in prostitution, in exchange for immediate or a promise of remuneration or any type of remuneration that is not of a financial nature, or the promise of such a remuneration;
Amendment 255 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1a. For other cases of exploitation referred to in Article 2, Member States shall take the necessary measures to establish as a criminal offence the use of such services when the user knew or could have reasonably known that the person was a victim of such exploitation.
Amendment 256 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1a. Use of services or audiovisual materials referred to in paragraph 1 shall include acts performed by means of information and communication technologies.
Amendment 257 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1b. Exploitation through the removal of human organs from a living or deceased donor, in exchange for a remuneration or any type of remuneration that is not of a financial nature, to the living donor or a third party, as set out in Article 2 of this Directive;
Amendment 258 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1c. Exploitation through the purchase of services which derive from slavery, servitude or practices similar to slavery, as set out in Article 2 of this Directive;
Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1d. Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beings
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 1e. The purchase of services which are the objects of exploitation with knowledge that the person is a victim of trafficking as related to any type of exploitation referred to in Article 2, except for the provisions set out in subparagraph (a), (b) and (c) of this Article;
Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraph 1
Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraphs 1
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraphs 1 and 2 is punishable by effective, proportionate and dissuasive penalties and sanctions.
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraph 1 and 1a is punishable by effective, proportionate and dissuasive penalties and sanctions.
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/36/EU Article 18 2a. in article 18a, the following paragraph is added after paragraph 2 2a. Member States shall also consider taking measures regarding those who solicit, accept or obtain a sexual act from a person in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such a benefit.
Amendment 266 #
2a. Member States may impose additional control measures on the process of production of services and goods which are the object of exploitation as referred to in Article 2 where it cannot be achieved only by means of criminal law.
Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2011/36/EU Article 18 Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2011/36/EU Article 19 – paragraph 1 a (new) (6a) in Article 19, the following paragraph 1 a is added: "1a. Member States shall regularly develop, adopt and implement National Action Plans to Combat Trafficking in Persons in consolation and participation with civil society organisations and the EU Anti-trafficking coordinator. National Action Plans should include measures to enhance the exchange of information and intelligence on transnational human trafficking."
Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2011/36/EU Article 19 (6b) Article 19 is replaced by the following: "Article 19 National Anti-trafficking Coordinators 1. Member States shall take the necessary measures to establish national anti-trafficking coordinators (NAC) and provide them with the adequate resources necessary for effectively carrying out their functions. The national anti-trafficking coordinator shall work in close cooperation with other relevant national, regional and local bodies and agencies, particularly national referral mechanisms and focal points, and with relevant civil society organisations active in this field. 2. The NAC shall support the government in the development of coherent and effective policies, including the National Action Plans covered in Article 19c, to assist, support and protect victims. The NAC shall be responsible for the carrying out of assessments of root causes and trends in trafficking in human beings, the measuring of results of anti- trafficking actions, including at least the gathering of statistics covered in Article 19a, the assessment of the impact of those measures on victims' rights and reporting. These tasks shall enable the identification of failures and serve to improve and further develop measures to prevent and combat trafficking. 3. Member States may also establish independent national rapporteurs or equivalent mechanisms to monitor the impact of anti-trafficking measures, submitting to the competent national authority annual reports and monographic reports on matters considered to be serious, urgent or requiring special attention and receiving complaints about the functioning of the bodies and agencies in charge of combatting trafficking.¨
Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2011/36/EU Article 19 (7a) Article 19 is replaced by the following: "Member States shall swiftly take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting.
Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 l (new) Directive 2011/36/EU Article 19 Article 19 is replaced by the following: "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 of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting.
Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 6 c (new) Directive 2011/36/EU (6c) The following Article 19a is inserted: "Article 19a National referral mechanisms for detection, identification, and protection Member States shall establish National Referral Mechanisms in accordance with article 11.4 with competences in at least the following areas: (a) Detection, establishing minimum common standards, adapting the procedures to the different forms of exploitation covered by this directive and setting up contingency plans for sensitive environments; (b) Identification, promoting, coordinating and, where appropriate, financing identification programmes, and developing tools for risk assessment including in humanitarian crises; (c) Protection, establishing binding mechanisms to harmonise assistance to victims and common minimum standards in reception centres and programmes, including making referrals of victims to specific shelter and/or psychosocial support resources; (d) Multi-stakeholder coordination to ensure effective coordination and cooperation and a coherent implementation of National Action Plans."
Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a Article 19
Amendment 274 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 1 a (new) 1a. The data collection shall be done in cooperation with relevant EU agencies.
Amendment 275 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point a (a) the number of detected and registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult),
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point a (a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, gender, sex, age groups (child/adult), disability, racial or ethnic origin, residence status, other vulnerabilities (such as children without parental care and unaccompanied minors), citizenship, and form of exploitation;
Amendment 277 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point a (a) the number of detected and registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenship, disability, ethnicity and form of exploitation
Amendment 278 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point a (a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship,
Amendment 279 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point a (a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship,
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point a (a) in Article 19a, paragraph 2 a is replaced by the following: "2a. the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult),
Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point 7 (aa) the number of victims receiving temporary or permanent residence permits, disaggregated by gender, sex, age groups (child/adult), racial or ethnic origin, other vulnerabilities, citizenship and type of exploitation;
Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36 Article 19 a – paragraph 2 – point a b (new) (ab) the number of victims inserted in the regular labour market, disaggregated by gender, age, nationality, country of birth and type of exploitation
Amendment 283 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36 Article 19 – paragraph 2 – point a c (new) Amendment 284 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point b (b) in Article 19a, paragraph 2 b is replaced by the following: "2b. the number of suspects of offences referred to in Article 2, disaggregated by sex, age groups (child/adult),
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point c (c) in Article 19a, paragraph 2 c is replaced by the following: "2c. the number of persons prosecuted for offences referred to in Article 2, disaggregated by sex, age groups (child/adult),
Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point c (new) (c) the number of persons prosecuted for offences referred to in Article 2, disaggregated by gender, sex, age groups (child/adult), citizenship, form of exploitation, nature of the final decision to prosecute;
Amendment 287 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point e (e) in Article 19a, paragraph 2 e is replaced by the following: "2e. the number of persons convicted for offences referred to in Article 2, disaggregated by sex, age groups (child/adult),
Amendment 288 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point e (e) the number of persons convicted for offences referred to in Article 2, disaggregated by gender, sex, age groups (child/adult), citizenship;
Amendment 289 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 2 – point g (g) the number of suspects, persons prosecuted and convicted for offences referred to in Article 18a, 1(a), (b), (c), and (e) disaggregated by sex and age groups (child/adult).
Amendment 29 #
Proposal for a directive Citation 5 a (new) having regard to the United Nations Convention against Transnational Organised Crime(‘the Palermo Convention’),
Amendment 290 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 a – paragraph 3 3. Member States shall
Amendment 291 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/36/EU Article 19 c (new) 3a. The following Article 19c is inserted: “Article 19c National Action Plans 1. Member States shall develop National Action Plans, in cooperation with national anti-trafficking coordinators, national referral mechanisms, and relevant civil society organisations active in the field to prevent and combat trafficking in human beings (the ‘national action plans’) by ... [Date - two years from the date of entry into force of this Directive]. 2. Member States shall ensure that the national action plans are reviewed and updated every five years."
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2011/36/EU Article 20 (7a) Article 20 is replaced by the following: 1. In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of an EU anti-trafficking coordinator (ATC). In particular, Member States shall transmit to the ATC at least the information referred to in Article 19 and 19b. The ATC shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against trafficking in human beings, in consultation with national anti- trafficking coordinators, national rapporteurs and equivalent mechanisms, EU agencies and relevant civil society organizations active in the field. 2. In order to transmit the information referred to in paragraph 1 and to ensure a coherent cooperation, Member States shall establish a coordination structure between the ATC, national anti-trafficking coordinators, national referral mechanisms and relevant civil society organizations active in the field.
Amendment 293 #
Proposal for a directive Article 1 – paragraph 1 m (new) Directive 2011/36/EU Article 20 Article 20 is replaced by the following: "In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of an anti- trafficking coordinator (ATC). In particular, Member States shall transmit to the ATC the information referred to in Article 19, and the data referred to in 19a, on the basis of which the ATC shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against trafficking in human beings.
Amendment 294 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2011/36/EU Article 23 – paragraph 3 3. The Commission shall, [by
Amendment 30 #
Proposal for a directive Citation 5 b (new) having regard to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (‘the UN Trafficking Protocol’) supplementing the United Nations Convention against Transnational Organized Crime,
Amendment 31 #
Proposal for a directive Citation 5 c (new) having regard to the Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 32 #
Proposal for a directive Citation 5 d (new) having regard to the UN Convention Relating to the Status of Refugees of 28 July 1951,
Amendment 33 #
Proposal for a directive Citation 5 e (new) having regard to the UN Protocol Relating to the Status of Refugees of 31 January 1967,
Amendment 34 #
Proposal for a directive Citation 5 f (new) having regard to the Charter of Fundamental Rights of the European Union,
Amendment 35 #
Proposal for a directive Citation 5 g (new) having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 36 #
Proposal for a directive Citation 5 h (new) having regard to the UN Convention on the Rights of the Child,
Amendment 37 #
Proposal for a directive Citation 5 i (new) having regard to the UN Convention on the Rights of Persons with Disabilities,
Amendment 38 #
Proposal for a directive Citation 5 j (new) having regard to Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third- country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted,
Amendment 39 #
Proposal for a directive Citation 5 k (new) having regard to Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection],
Amendment 40 #
Proposal for a directive Citation 5 l (new) having regard to Regulation EU/XX/YY of the European Parliament and of the Council [Proposed Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU],
Amendment 41 #
Proposal for a directive Citation 5 m (new) having regard to Directive 2004/81/EC of the European Parliament and the Council of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities,
Amendment 42 #
Proposal for a directive Recital 1 (1) Trafficking in human beings is a serious crime, often committed within the framework of organised crime, a gross violation of fundamental rights and explicitly prohibited by the Charter of Fundamental Rights of the European Union. Preventing and combatting
Amendment 43 #
Proposal for a directive Recital 1 (1) Trafficking in human beings is a serious crime, often committed within the framework of organised crime, a gross violation of fundamental rights and explicitly prohibited by the Charter of Fundamental Rights of the European Union. Preventing and combatting trafficking in human beings remains a priority for the Union and a legal obligation of the Member States.
Amendment 44 #
Proposal for a directive Recital 1 a (new) (1a) The root causes why persons fall victim to human trafficking are divers. Poverty, conflict, inequality, gender based violence, the absence of viable employment opportunities or social support, discrimination and marginalization are some among the main contributing factors that make persons, especially women, children and other marginalized groups, vulnerable to trafficking and exploitation. The lack of safe and legal migration opportunities and the general demand for cheap and exploitative labour, services and acts, combined with the lack of legal protection, exposes people to a considerable risk of exploitation and abuse. Many migrant workers with precarious, dependent or irregular status experience conditions below those required by minimum labour standards, in terms of pay, working time, rest periods, sick leave, holiday, health and safety.
Amendment 45 #
Proposal for a directive Recital 1 a (new) (1a) Whereas, the chaos generated by conflicts, including war in Ukraine as well as migration crisis, has exponentially increased the risk of human trafficking and exploitation, especially of the most vulnerable persons.
Amendment 46 #
Proposal for a directive Recital 2 (2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender
Amendment 47 #
Proposal for a directive Recital 2 (2) Directive 2011/36/EU of the
Amendment 48 #
Proposal for a directive Recital 2 (2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of
Amendment 49 #
Proposal for a directive Recital 2 (2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender and disability perspective.
Amendment 50 #
Proposal for a directive Recital 2 (2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims
Amendment 51 #
Proposal for a directive Recital 2 (2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of all victims, taking into account the gender perspective. _________________ 28 Directive 2011/36/EU of the European
Amendment 52 #
Proposal for a directive Recital 2 a (new) (2a) Member States should also note that the offence of harbouring described in Article 2(1) also means that the exploited victims are housed at disproportionately high prices in housing that is not proportionate to the rent. Harbouring therefore also means cases where either the trafficker himself or another landlord takes advantage of the ignorance or lack of alternatives of the exploited victims and makes substantial profits from this. Another landlord does not have to be part of the criminal infrastructure of the traffickers. It is sufficient that the landlord takes advantage of the predicaments that the traffickers have brought about.
Amendment 53 #
Proposal for a directive Recital 3 (3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission and experts, as well as civil society organisations working in the field and in direct contact with the victims, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies, and the need to adopt a holistic, human rights and intersectional approach to all measures aimed at preventing and combating trafficking in human beings, as well as at supporting and protecting victims. Identified shortcomings of
Amendment 54 #
Proposal for a directive Recital 3 (3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well
Amendment 55 #
Proposal for a directive Recital 3 (3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi-
Amendment 56 #
Proposal for a directive Recital 3 (3) The EU Strategy on Combatting Trafficking in Human Beings 2021-202529 sets out a policy response adopting a multi- disciplinary and comprehensive approach from prevention through protection of victims, to prosecution and conviction of traffickers and consumers of the services offered. It included a series of actions to be implemented with the strong involvement of civil society organisations. In order to address evolving trends in the area of trafficking in human beings, as well as shortcomings identified by the Commission, and to further step up efforts against this crime, it is necessary, nevertheless, to amend Directive 2011/36/EU. Identified threats and trends, which require the adoption of new rules concern in particular regarding the modi operandi of traffickers, including the commission or facilitation of offences concerning trafficking in human beings by means of information and communication technologies. Identified shortcomings of the criminal law response requiring an adaptation of the legal framework relate to offences concerning trafficking in human beings committed in the interest of legal persons, to the data collection system, and to the national systems aimed at the early identification of, assistance to and support for victims of trafficking. _________________ 29 Communication from the Commission to
Amendment 57 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage
Amendment 58 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage
Amendment 59 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and illegal adoption in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. To avoid any abuse, it is necessary that persons are able to provide law enforcement authorities with evidence that they have been victims of trafficking in human beings.
Amendment 60 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage, including those involving children, surrogacy and illegal adoption in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
Amendment 61 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage
Amendment 62 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage
Amendment 63 #
Proposal for a directive Recital 4 (4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage
Amendment 64 #
Proposal for a directive Recital 4 a (new) Amendment 65 #
Proposal for a directive Recital 4 a (new) (4a) Institution-related trafficking refers to when children are exploited by placing, keeping and accommodating them in institutional care settings against their will, with the purpose to profit from the exploitation of the children. The entity or entities performing the trafficking convert the institutions into profitable activities by setting up structures where they receive funds from governments of the Member State they are settled in or from others, as well as donors from third countries, to finance the operations of the institutions1a. Considering that where the purpose of involuntarily placing children in institutions is to enable gainful financial activities stemming from this exploitation, and that the funding of institutions originates from multiple sources, often located outside the Member State where the institutions is settled, trafficking of children into institutions should also be added as a form of exploitation explicitly listed in the Directive, as it has a clear cross-border element. _________________ 1a https://lumos.contentfiles.net/media/docu ments/document/2021/12/LUMOS_Cycles _of_exploitation.pdf p. 7, 49, 80
Amendment 66 #
Proposal for a directive Recital 4 a (new) (4a) The commitment of Member States in preventing and combating trafficking in human being should be shown by the adoption of National anti-trafficking Action Plans. The National anti- trafficking Action Plans should contain comprehensive measures, including preventive, monitoring, data collection, coordination, due diligence, measures to prevent re-trafficking, and should be developed and updated regularly in consultation with civil society organisations.
Amendment 67 #
Proposal for a directive Recital 4 a (new) (4a) Surrogacy exposes both to high risk of exploitation - due to the lack of harmonised or clear rules banning this practice at international level - and to unscrupulous commercialization. This situation causes a significant increase in demand for trafficking in human beings and must be taken into account when identifying and combating this phenomenon.
Amendment 68 #
Proposal for a directive Recital 4 a (new) (4a) The regulation of surrogacy in some Member States has made it possible to register minors who have been taken from their parents with the intention of selling them and making them victims of human trafficking networks;
Amendment 69 #
Proposal for a directive Recital 4 b (new) (4b) In order for Member States to comply with their primary responsibility to respect, protect and promote the rights of all trafficked persons regardless of their country of origin, Member States should ensure that the standard of due diligence along with the principle of State responsibility, as well as the use of a holistic, human-rights and intersectional based-approach methodology affirming the centrality of victims as rights-holders, are incorporated in their national legislation. Member States should also ensure that their national frameworks to prevent and combat trafficking in human beings contribute to the elimination of all forms of discrimination on grounds such as gender, sex, race or ethnicity, immigration or other status, or a combination of those, and that they are implemented in a way that do not affect victims negatively.
Amendment 70 #
(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies
Amendment 71 #
Proposal for a directive Recital 5 (5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. Traffickers use the internet
Amendment 72 #
Proposal for a directive Recital 5 (5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. Traffickers use the internet and social media inter alia to recruit, advertise or exploit victims, exercise control and organise transport. Internet and social media are also used to distribute exploitative materials. I
Amendment 73 #
Proposal for a directive Recital 7 (7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 .
Amendment 74 #
Proposal for a directive Recital 7 (7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30
Amendment 75 #
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims
Amendment 76 #
Proposal for a directive Recital 7 a (new) (7a) In order to increase coordination of all bodies working on trafficking in human beings, and reinforce national policy responses, it is necessary to establish National Anti-trafficking Coordinators (NATC). Member States should ensure the allocation of sufficient resources to national anti-trafficking coordinators for the effective and adequate performance of their tasks.
Amendment 77 #
Proposal for a directive Recital 8 (8) In order to enhance the national capability to detect and identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. National referral mechanisms should ensure a human-rights centred system aimed at detecting, identifying, supporting and assisting victims of trafficking and their referral to responsible national organisations and bodies, including focal points. It should be based on a multi- stakeholder approach, involving competent authorities and relevant civil society organisations active in this field. It should be possible to have several focal points for different forms of trafficking.
Amendment 78 #
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, particularly girls, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 79 #
Proposal for a directive Recital 8 (8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
Amendment 80 #
Proposal for a directive Recital 8 (8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. Those national points should also be used to check the accuracy of statements regarding a possible victim of trafficking in human beings.
Amendment 81 #
Proposal for a directive Recital 8 (8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws,
Amendment 82 #
Proposal for a directive Recital 8 (8) In order to enhance the national prevention capability to identify victims at an early stage, and to refer them to the appropriate and specialised protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation and coordination.
Amendment 83 #
Proposal for a directive Recital 8 a (new) (8a) Victims of trafficking should not be detained, charged or prosecuted with administrative or criminal offences or excluded from assistance, support and protection measures because of their residence, immigration, or labour status. Fears of forced return to their country of origin, or of criminal prosecution and punishment can prevent victims from seeking protection and assistance, thus limiting their access to justice, and decreasing the likelihood that they will report trafficking offenders to the authorities.
Amendment 84 #
Proposal for a directive Recital 8 a (new) (8a) Refugees, asylum seekers, displaced persons and stateless persons are widely noted to be vulnerable to exploitation. Lack of income and material deprivation, isolation from family and other social support and lack of status are risk factors to become a victim of human trafficking. It is therefore crucial to ensure that these persons have adequate access to apply for asylum and are protected by the principle of non- refoulement.
Amendment 85 #
Proposal for a directive Recital 8 a (new) (8a) In order to ensure sufficient protection, support and assistance to potential victims of trafficking, it is necessary to ensure that victims are not charged with administrative or criminal offences or excluded from physical and psychological support measures because of their residence status.
Amendment 86 #
Proposal for a directive Recital 8 a (new) (8a) The importance of involving civil society organisations, who are involved in victim protection is crucial when looking to enhance identification of victims and ensure the effectiveness of national referral mechanisms.
Amendment 87 #
Proposal for a directive Recital 8 a (new) Amendment 88 #
Proposal for a directive Recital 8 b (new) (8b) Protection of and support to victims of trafficking, including by regularisation of their residence, migration, or labour status, should not be conditional on their cooperation in the criminal investigation, prosecution or trial for offences related to their situation as trafficked persons, or on the success of such proceedings. Victims of trafficking should not be detained, charged or prosecuted with administrative or criminal offences or excluded from support measures because of their decision not to cooperate with investigating or prosecuting authorities.
Amendment 89 #
Proposal for a directive Recital 8 b (new) (8b) International protection and residence status applications are conditional on the cooperation of the victim with competent authorities to ensure sufficient incentives for collaboration leading to an effective investigation, thus addressing the cynical business of traffickers and ensuring an access point for law enforcement to combat trafficking networks.
Amendment 90 #
Proposal for a directive Recital 8 c (new) (8c) Given that 3 out of 4 trafficking cases concern women and that women and men are often trafficked for different purposes, it is important to have a gender- specific approach where appropriate in regards to support and assistance measures.
Amendment 91 #
Proposal for a directive Recital 9 (9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important to criminalise the use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive
Amendment 92 #
Proposal for a directive Recital 9 (9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important to criminalise the use of services and acts which are the objects of exploitation
Amendment 93 #
Proposal for a directive Recital 9 (9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important to criminalise the intentional use of services which are the objects of exploitation
Amendment 94 #
Proposal for a directive Recital 9 (9) In order to further reinforce and harmonise the criminal justice efforts on demand and supply reduction across Member States, it is important criminalise the use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to demand reduction and eliminate the current culture of impunity, which aims to tackle the high levels of supply and demand that fosters all forms of exploitation.
Amendment 95 #
Proposal for a directive Recital 9 (9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important criminalise the use of services which are the objects of exploitation
Amendment 96 #
Proposal for a directive Recital 9 (9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important criminalise the use of services which are the objects of sexual exploitation
Amendment 97 #
Proposal for a directive Recital 9 a (new) Amendment 98 #
Proposal for a directive Recital 9 a (new) (9a) Persons with any type of disability are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
Amendment 99 #
Proposal for a directive Recital 9 a (new) (9a) In order to effectively prevent and combat trafficking for sexual exploitation, it is important to acknowledge that efforts to criminalise the knowing use of services of victims of trafficking in human beings have not resulted in demand reduction. Also, traffickers tend to drive their victims to countries where prostitution is regulated and lawfully practised since it easier for them to use legal environments in order to exploit the victims. Countries that legislated on demand globally with measures targeting the purchase of sexual acts and criminalising the exploitation of the prostitution of others, focusing on the roots of the prostitution and its links with trafficking systems have proven effective.
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