The European Parliament adopted 563 votes to 7, with 17 abstentions, a legislative resolution 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 European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:

Offences relating to trafficking in human beings

According to the amended text, exploitation should 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, or the exploitation of surrogacy, of forced marriage, or of illegal adoption.

Sanctions

Member States should take the necessary measures to ensure that an offence is punishable by a maximum penalty of at least ten years' imprisonment where the offence has been committed using serious violence or has caused particularly serious harm to the victim, including physical or psychological harm.

The following are regarded as aggravating circumstances: (a) the fact that the offence was committed by public officials in the performance of their duties; (b) the fact that the perpetrator facilitated or committed, by means of information and communication technologies, the dissemination of images or videos or similar material of a sexual nature involving the victim.

Member States should take the necessary measures to ensure that legal persons can be held liable for the offences committed for their benefit by any person, acting either individually or as part of an organ of the legal person.

Sanctions on legal persons may include criminal or non-criminal sanctions or measures, such as exclusion from entitlement to public benefits or aid; exclusion from access to public funding, including tender procedures, grants, concessions and licences; temporary or permanent disqualification from the practice of business activities; placing under judicial supervision or judicial winding-up.

Investigations and prosecutions, assistance to victims

Member States should ensure that investigation into or prosecution of offences is not dependent on reporting or accusation by a victim, and that criminal proceedings may continue even if the victim has withdrawn his or her statement.

Member States should take the necessary measures:

- to ensure that persons, units or services responsible for investigating or prosecuting the offences are trained accordingly;

- for specialised assistance and support to be provided to victims in a victim-centred, gender-, disability- and child-sensitive approach before, during, and for an appropriate period of time after the conclusion of, criminal proceedings;

- so that one or several mechanisms be established aimed at the early detection and identification of, assistance to, and support for identified and presumed victims, in cooperation with relevant support organisations, and to appoint a focal point for the cross-border referral of victims.

The assistance and support measures should be provided on a consensual and informed basis, and should include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation, including shelters and other appropriate interim accommodation, and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate.

The shelters and other appropriate interim accommodations should be provided in sufficient numbers and should be easily accessible to presumed and identified victims of trafficking.

Member States should ensure that victims of trafficking are able to exercise their right to apply for international protection or equivalent national status, including when the victim is receiving assistance, support and protection as a presumed or identified victim of trafficking in human beings.

Assistance and support for child victims

Member States should 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 programmes to support their transition to emancipation and adulthood in order to avoid re-trafficking.

Compensation to victims, prevention and training

Member States should: (i) ensure that victims of trafficking in human beings have access to existing schemes of compensation to victims of violent crimes of intent. They may establish a national victims fund or a similar instrument, in accordance with their national legislation, in order to pay compensation to victims; (ii) take appropriate measures, taking into account the specificities of the various forms of exploitation, such as education, training and campaigns, where relevant with specific attention to the online dimension; (iii) promote or offer regular and specialised training for professionals likely to come into contact with victims or potential victims of trafficking in human beings.

Member States should: (i) take the necessary measures to establish national anti-trafficking coordinators; (ii) adopt by four years from the date of entry into force of this amending Directive their National Anti-Trafficking Action Plans; (iii) facilitate the tasks of an EU anti-trafficking coordinator.

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.

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.