PURPOSE: to establish minimum rules concerning the\ndefinition of criminal offences and sanctions in the area of\ntrafficking in human beings and to repeal Framework\nDecision 2002/629/JHA on the same issue.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: trafficking in human beings is considered\none of the most serious crimes worldwide, a gross violation of\nhuman rights, a modern form of slavery, and an extremely profitable\nbusiness for organised crime. It is reasonable to estimate from the\navailable figures that every year several hundred thousand people\nare trafficked into the EU or within the EU area.
\nThe Council\nof Europe Convention on Action against Trafficking in Human\nBeings provides a comprehensive and coherent framework covering\nprevention, cooperation between different actors, protection of and\nassistance to victims, and an obligation to criminalise trafficking\nin human beings. Implementing such measures would lead to\nsignificant improvements. The Convention has been ratified by 16 EU\nMember States. Another 10 have signed it and are going through the\nratification process.
\nFramework Decision 2002/629/EC on combating\ntrafficking in human beings was adopted in 2002 as a response to a\ngenerally perceived need to address the serious criminal offence of\ntrafficking in human beings at EU level. In order to tackle recent\ndevelopments in the phenomenon of trafficking in human beings, the\nproposed Directive adopts a broader concept of what should be\nconsidered trafficking in human beings than under Framework\nDecision 2002/629/JHA and therefore includes additional forms of\nexploitation.
\nThe fight against trafficking in human beings requires\ncoordinated efforts by Member States, as well as cooperation at an\ninternational level in order to achieve the aims. Differences in\nlegal treatment in the different Member States hinder coordinated\nefforts and hamper international law enforcement and judicial\ncooperation. It is necessary to repeal the 2002 text.
\nIt should be noted that this proposal builds on a\nCommission proposal\nmade on 25/03/2009 aiming to repeal the 2002 Framework Decision\nwhich has lapsed following the entry into force of the Treaty on\nthe Functioning of the EU (TFEU).
\nIMPACT ASSESSMENT: various policy options were\nexamined in connection with the previous proposal for a Framework\nDecision of 25 March 2009 with a view to preventing and combating\ntrafficking in human beings more effectively, and better protecting\nvictims. This is valid for the current proposal.
\nFollowing the analysis of economic impacts, social\nimpacts, and impacts on fundamental rights, options 3 and 4 present\nthe best approach to the problem and should fully achieve the\nidentified objectives. The preferred option is option\n4.
\nLEGAL BASIS: Article 82(2) and Article 83(1) of the\nTreaty on the Functioning of the European Union. The fight against\ntrafficking in human beings requires coordinated efforts by Member\nStates, as well as cooperation at an international level in order\nto achieve the aims. Differences in legal treatment in the\ndifferent Member States hinder coordinated efforts and hamper\ninternational law enforcement and judicial cooperation. Action by\nthe EU will better achieve the objectives of the proposal, which\nwill approximate Member States' substantive criminal law and\nprocedural rules more extensively than the current Framework\nDecision. This will have a positive impact on international law\nenforcement and judicial cooperation, and on the protection and\nassistance given to victims. The proposal therefore complies with\nthe subsidiarity principle.
\nCONTENT: the proposal aims to establish minimum rules\nconcerning the definition of criminal offences and sanctions in the\narea of trafficking in human beings. It also aims to introduce\ncommon provisions to strengthen the prevention of the crime and the\nprotection of its victims. The new directive, in addition to\nprovisions in the current Framework Decision, would include the\nfollowing new elements:
\nSubstantive criminal law provisions: these comprise
\nJurisdiction and prosecution
\nVictim assistance and support
\nProtection of victims in criminal\nproceedings
\nPrevention
\nMonitoring:\nestablishment of National Rapporteurs or equivalent mechanisms. The\ntasks of such mechanisms shall include the carrying out of\nassessments on trafficking in human beings trends, the measuring of\nresults of anti-trafficking actions and reporting to the relevant\nnational authorities.
\nTerritorial scope: the\nadoption of the proposal will be addressed to the Member States.\nThe application of the resulting Directive to the United Kingdom,\nIreland and Denmark will be determined in accordance with the\nprovisions of Protocols (No 21) and (No 22) annexed to the Treaty\non the functioning of the European Union.
\nBUDGETARY IMPLICATION: the proposal has no implication\nfor the Community budget.
\nThe Council agreed on a\ngeneral approach regarding a directive aimed at\nstrengthening the fight against trafficking in human beings and the\nprotection of victims.
\nIn March 2010, the Commission adopted its proposal on\nthe file. Once adopted, the new rules will replace framework\ndecision 2002/629/JHA. The goal is to further approximate national\nlegislation and to improve international law enforcement and\njudicial cooperation. The provisions of the future directive\ninclude:
\nThe Committee on Civil Liberties, Justice and Home\nAffairs and the Committee on Women's Rights and Gender Equality\nadopted, under Rule 51 on Joint Committee meetings, the report\ndrawn up by Edit BAUER (EPP, SK) and Anna HEDH (S&D, SE) on the\nproposal for a directive of the European Parliament and of the\nCouncil on preventing and combating trafficking in human beings,\nand protecting victims, repealing Framework Decision\n2002/629/JHA.
\nIt recommended that the European Parliament's position\nat first reading under the ordinary\nlegislative procedure (formerly known as the codecision\nprocedure) should be to amend the Commission proposal.\nThe amendments are the result of a compromise agreement between\nParliament and Council and are as follows:
\nGender perspective: the\ntext stresses the gender perspective in its common provisions. It\nstates that the Directive recognises the gender-specific phenomenon\nof trafficking and that women and men are often trafficked for\ndifferent purposes. For this reason, assistance and support\nmeasures should also be gender specific where appropriate. The\n\"push\" and \"pull\" factors may be different depending on the sectors\nconcerned, such as trafficking in human beings into the sex\nindustry or for labour exploitation in, for example, construction\nwork, the agricultural sector or domestic servitude.
\nSeizure and Confiscation: a new clause states that competent authorities must\nbe entitled to seize and confiscate instrumentalities and proceeds\nfrom the offences referred to in the Directive.
\nNon-prosecution or non-application of penalties to the\nvictim: competent national\nauthorities must also be entitled not to prosecute or\nimpose penalties on victims of trafficking in human beings for\ntheir involvement in criminal activities which they have been\ncompelled to commit as a direct consequence of being subjected to\nany of the acts within the scope of the text.
\nAssistance and support for victims of trafficking in\nhuman beings: this must not be\nconditional on the victim's willingness to cooperate in the\ncriminal investigation, prosecution and trial, without prejudice to\nDirective 2004/81/EC or similar national rules.
\nThe compromise text states that assistance and support\nmeasures should be provided to victims on a consensual and informed\nbasis. Victims should therefore be informed of the important\naspects of those measures and they should not be imposed\non the victims. A victims' refusal to assistance or support\nmeasures should not entail obligations for the competent\nauthorities of the Member State concerned to provide the\nvictim with alternative measures.
\nAssistance and support to child\nvictims: in the application of\nthe Directive the child's best interests shall be a primary\nconsideration. There must be specific actions to assist and support\nchild victims of trafficking in human beings, with a view to\nfinding a durable solution for the child. Within a reasonable\ntime, Member States shall provide access to education for child\nvictims and children of victims, who are given assistance and\nsupport. They must appoint a guardian or a representative for the\nchild victim from the moment he/she is identified by the\nauthorities where, by national law, the holders of parental\nresponsibility are, as a result of a conflict of interests between\nthem and the child victim, precluded from ensuring the child's best\ninterest and/or from representing the child.
\nThe text makes special provision for unaccompanied\nchild victims of trafficking in human beings as they need\nspecific assistance and support due to their situation of\nparticular vulnerability. From the moment an unaccompanied child\nvictim of trafficking in human beings is identified and until a\ndurable solution is found, Member States should apply reception\nmeasures appropriate to the needs of the child and should ensure\nthat relevant procedural safeguards apply. The necessary measures\nshould be taken to ensure that, where appropriate, a guardian\nand/or a representative are appointed in order to safeguard the\nminor's best interests. A decision on the future of each\nunaccompanied child victim should be taken within the shortest\npossible period of time with a view to finding durable solutions\nbased on an individual assessment of the best interests of the\nchild, which should be a primary consideration. A durable solution\ncould be return and reintegration in the country of origin or the\ncountry of return, integration in the host society, granting of\ninternational protection status or granting of other status\naccording to national law of the Member States.
\nCompensation to victims:\nvictims of trafficking in human beings must have access to existing\nschemes of compensation to victims of violent crimes of\nintent.
\nNational Rapporteurs or equivalent\nmechanisms: the tasks of such persons\nmust include the gathering of statistics. National Rapporteurs or\nequivalent mechanisms are already constituted in an informal\nUnion Network established by the Council Conclusions of 4 June\n2009. An Anti-Trafficking Coordinator would take\npart in the works of that Network, which provides the Union and the\nMember States with objective, reliable, comparable and up-to-date\nstrategic information in the field of trafficking in human beings\nand exchanges experience and best practices in the field of\npreventing and combating trafficking in human beings at Union\nlevel. The European Parliament should be entitled to participate in\nthe joint activities of the National Rapporteurs or equivalent\nmechanisms.
\nCoordination of the Union strategy on trafficking\nin human beings: in order to\ncontribute to a coordinated and consolidated strategy of the\nEuropean Union against trafficking in human beings, Member States\nshall facilitate the tasks of an Anti-Trafficking Coordinator\n(ATC), and in particular, transmit to the ATC the information\nrequired by the Directive, on the basis of which the ATC shall\ncontribute to a report by the Commission every two years on the\nprogress made in the fight against trafficking in human\nbeings.
\nReporting: the\nCommission shall submit a report:
\nThe European Parliament adopted by 643 votes to 10,\nwith 14 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on\npreventing and combating trafficking in human beings, and\nprotecting victims, repealing Framework Decision\n2002/629/JHA.
\nIt adopted its position at first reading under the\nordinary legislative procedure (formerly known as the codecision\nprocedure). The amendments adopted in plenary are the result of a\ncompromise negotiated between the European Parliament and the\nCouncil. They amend the Commission proposal as follows:
\nReplacement of Framework Decision\n2002/629/JHA: this Directive aims to\namend and expand the provisions of Framework Decision 2002/629/JHA.\nSince the amendments to be made are of substantial number and\nnature, the Framework Decision should in the interests of clarity\nbe replaced in its entirety.
\nGender perspective: the\ntext stresses the gender perspective in its common provisions. It\nstates that the Directive recognises the gender-specific phenomenon\nof trafficking and that women and men are often trafficked for\ndifferent purposes. For this reason, assistance and support\nmeasures should also be gender specific where appropriate. The\n\"push\" and \"pull\" factors may be different depending on the sectors\nconcerned, such as trafficking in human beings into the sex\nindustry or for labour exploitation in, for example, construction\nwork, the agricultural sector or domestic servitude.
\nPenalties: Member States\nshall take the necessary measures to ensure that an offence is\npunishable by penalties of a maximum of at least ten years of\nimprisonment where it has been committed in any of the following\ncircumstances: (i) the offence was committed against a victim who\nwas particularly vulnerable (including child victims); (ii) the\noffence deliberately or by gross negligence endangered the life of\nthe victim; (iii) the offence was committed by use of serious\nviolence or has caused particularly serious harm to the\nvictim.
\nSeizure and Confiscation: a new clause states that competent authorities must\nbe entitled to seize and confiscate instrumentalities and proceeds\nfrom the offences referred to in the Directive.
\nNon-prosecution or non-application of penalties to the\nvictim: competent national\nauthorities must also be entitled not to prosecute or\nimpose penalties on victims of trafficking in human beings for\ntheir involvement in criminal activities which they have been\ncompelled to commit as a direct consequence of being subjected to\nany of the acts within the scope of the text.
\nAssistance and support for victims of trafficking in\nhuman beings: this must not be\nconditional on the victim's willingness to cooperate in the\ncriminal investigation, prosecution and trial, without prejudice to\nDirective 2004/81/EC or similar national rules.
\nThe compromise text states that assistance and support\nmeasures should be provided to victims on a consensual and informed\nbasis. Victims should therefore be informed of the important\naspects of those measures and they should not be imposed\non the victims. A victims' refusal to assistance or support\nmeasures should not entail obligations for the competent\nauthorities of the Member State concerned to provide the\nvictim with alternative measures.
\nAssistance and support to child\nvictims: in the application of\nthe Directive the child's best interests shall be a primary\nconsideration. There must be specific actions to assist and support\nchild victims of trafficking in human beings, with a view to\nfinding a durable solution for the child. Within a reasonable\ntime, Member States shall provide access to education for\nchild victims and children of victims, who are given assistance and\nsupport. They must appoint a guardian or a representative for the\nchild victim from the moment he/she is identified by the\nauthorities where, by national law, the holders of parental\nresponsibility are, as a result of a conflict of interests between\nthem and the child victim, precluded from ensuring the child's best\ninterest and/or from representing the child.
\nThe resolution makes special provision for\nunaccompanied child victims of trafficking in human beings as\nthey need specific assistance and support due to their situation of\nparticular vulnerability. From the moment an unaccompanied child\nvictim of trafficking in human beings is identified and until a\ndurable solution is found, Member States should apply reception\nmeasures appropriate to the needs of the child and should ensure\nthat relevant procedural safeguards apply. The necessary measures\nshould be taken to ensure that, where appropriate, a guardian\nand/or a representative are appointed in order to safeguard the\nminor's best interests. A decision on the future of each\nunaccompanied child victim should be taken within the shortest\npossible period of time with a view to finding durable solutions\nbased on an individual assessment of the best interests of the\nchild, which should be a primary consideration. A durable solution\ncould be return and reintegration in the country of origin or the\ncountry of return, integration in the host society, granting of\ninternational protection status or granting of other status\naccording to national law of the Member States.
\nCompensation to victims:\nvictims of trafficking in human beings must have access to existing\nschemes of compensation to victims of violent crimes of\nintent.
\nNational Rapporteurs or equivalent\nmechanisms: the tasks of such persons\nmust include the gathering of statistics. National Rapporteurs or\nequivalent mechanisms are already constituted in an informal\nUnion Network established by the Council Conclusions of 4 June\n2009. An Anti-Trafficking Coordinator would take\npart in the works of that Network, which provides the Union and the\nMember States with objective, reliable, comparable and up-to-date\nstrategic information in the field of trafficking in human beings\nand exchanges experience and best practices in the field of\npreventing and combating trafficking in human beings at Union\nlevel. The European Parliament should be entitled to participate in\nthe joint activities of the National Rapporteurs or equivalent\nmechanisms.
\nCoordination of the Union strategy on trafficking\nin human beings: in order to\ncontribute to a coordinated and consolidated strategy of the\nEuropean Union against trafficking in human beings, Member States\nshall facilitate the tasks of an Anti-Trafficking Coordinator\n(ATC), and in particular, transmit to the ATC the information\nrequired by the Directive, on the basis of which the ATC shall\ncontribute to a report by the Commission every two years on the\nprogress made in the fight against trafficking in human\nbeings.
\nCoordination of investigations: law enforcement authorities of the Member States\nshould continue to cooperate in order to strengthen the fight\nagainst trafficking in human beings. In this regard, close\ncross-border cooperation, including sharing of information and\nsharing of best practice, as well as continued open dialogue\nbetween police, judicial and financial authorities of the Member\nStates is essential. The coordination of investigations and\nprosecutions of cases of trafficking in human beings should be\nfacilitated by enhanced cooperation with Europol and Eurojust, the\nsetting up of joint investigation teams as well as by the\nimplementation of Council Framework Decision 2009/948/JHA on\nprevention and settlement of conflict of jurisdiction in criminal\nproceedings.
\nReporting: the\nCommission shall submit a report:
\nPURPOSE: to repeal and replace Framework Decision 2002/629/JHA\non combating trafficking in human beings\nand the fight against this phenomenon as well as the protection of\nvictims.
\nLEGISLATIVE ACT: Directive\n2011/36/EC of the European Parliament and of the Council on\npreventing and combating trafficking in human beings and protecting\nits victims, and replacing Council Framework Decision\n2002/629/JHA.
\nCONTENT: at first reading,\nthe European Parliament and the Council adopted a Directive on the\nfight against trafficking in human beings. The Council adopted EU\nwide minimum rules concerning the definition of criminal offences\nand the level of sanctions in the area of trafficking in human\nbeings. The new rules also strengthen the prevention of the crime\nand the protection of victims of trafficking in human beings. The\nnew directive replaces Framework Decision 2002/629/JHA.
\nThe new directive also\nconstitutes the first agreement between the Council and the\nEuropean Parliament in the area of substantive criminal law\nafter the entry into force of the
\nLisbon Treaty.
\nSubject\nmatter: this Directive establishes\nminimum rules concerning the definition of criminal offences and\nsanctions in the area of trafficking in human beings. It also\nintroduces common provisions, taking into account the gender\nperspective, to strengthen the prevention of this crime and the\nprotection of the victims thereof.
\nOffences concerning\ntrafficking in human beings:\naccording to the Directive, the following intentional acts are\npunishable: the recruitment, transportation, transfer, harbouring\nor reception of persons, including the exchange or transfer of\ncontrol over those persons, by means of the threat or use of force\nor other forms of coercion, of abduction, of fraud, of deception,\nof the abuse of power or of a position of vulnerability or of the\ngiving or receiving of payments or benefits to achieve the consent\nof a person having control over another person, for the purpose of\nexploitation. Exploitation shall include, as a minimum, the\nexploitation of the prostitution of others or other forms of sexual\nexploitation, forced labour or services, including begging, slavery\nor practices similar to slavery, servitude, or the exploitation of\ncriminal activities, or the removal of organs.
\nWhen the conduct involves a\nchild (person below 18 years of age) it shall be a\npunishable offence of trafficking in human beings even if none of\nthe means set forth above has been used.
\nIncitement, aiding and\nabetting, and attempt: Member States\nshall take the necessary measures to ensure that inciting, aiding\nand abetting or attempting to commit an offence is\npunishable.
\nPenalties: an offence\nshall be punishable by a maximum penalty of at least five years\nof imprisonment. However, in the following circumstances Member\nStates shall take the necessary measures to ensure that an offence\nshall be punishable by a maximum penalty of at least 10 years of\nimprisonment where that offence:
\nMember States shall take\nthe necessary measures to ensure that the fact that an offence was\ncommitted by public officials in the performance of their duties is\nregarded as an aggravating circumstance.
\nLiability of legal\npersons: Member States shall take the\nnecessary measures to ensure that legal persons can be held liable\nfor the offences committed for their benefit by any person, acting\neither individually or as part of an organ of the legal person, who\nhas a leading position within the legal person. Liability of a\nlegal person shall not exclude criminal proceedings against natural\npersons who are perpetrators, inciters or accessories in the\noffences concerned.
\nSeizure and\nconfiscation: Member States shall\ntake the necessary measures to ensure that their competent\nauthorities are entitled to seize and confiscate instrumentalities\nand proceeds from the offences.
\nNon-prosecution of\nvictims: the text also includes a\nprovision which will allow national authorities not to prosecute\nor impose penalties on victims of trafficking in human beings\nfor their involvement in criminal activities they have been\ncompelled to commit.
\nInvestigation and\nprosecution: investigation into or\nprosecution of offences referred to in this Directive is not\ndependent on reporting or accusation by a victim and that criminal\nproceedings may continue even if the victim has withdrawn his or\nher statement. Member States shall take the necessary measures to\nenable, where the nature of the act calls for it, the prosecution\nof an offence for a sufficient period of time after the victim\nhas reached the age of majority.
\nMember States shall take\nthe necessary measures to ensure that persons, units or services\nresponsible for investigating or prosecuting the offences are\ntrained accordingly and are able to use effective investigative\ntools, such as those which are used in organised crime or other\nserious crime cases.
\nJurisdiction: each Member\nState will have to investigate and prosecute offences committed in\nwhole or in part within its territory or committed by one of its\nnational, even outside of its territory. Member States can chose to\ngo beyond that basic rule by establishing further jurisdiction over\nan offence committed outside of its territory e.g. where the\noffence is committed against one of their nationals or against a\nperson who has his or her habitual residence in the territory of\nthat Member State. This is also possible where the offender has his\nor her habitual residence in the territory of that Member\nState.
\nAssistance and support\nfor victims of trafficking in human beings: Member States shall take the necessary measures to\nensure that assistance and support are provided to victims before,\nduring and for an appropriate period of time after the conclusion\nof criminal proceedings in order to enable them to exercise the\nrights set out in this Directive. Granting of assistance and\nsupport for a victim are not made conditional on the victim's\nwillingness to cooperate in the criminal investigation, prosecution\nor trial. The assistance and support measures shall be provided\non a consensual and informed basis, and shall include at least\nstandards of living capable of ensuring victims' subsistence\nthrough measures such as the provision of appropriate and safe\naccommodation and material assistance, as well as necessary medical\ntreatment including psychological assistance, counselling and\ninformation, and translation and interpretation services where\nappropriate. Member States shall attend to victims with special\nneeds, where those needs derive, in particular, from whether they\nare pregnant, their health, a disability, a mental or psychological\ndisorder they have, or a serious form of psychological, physical or\nsexual violence they have suffered.
\nProtection of victims of\ntrafficking in human beings in criminal investigation and\nproceedings: the protection measures\nshall apply in addition to the rights set out in Framework Decision\n2001/220/JHA. Member States shall ensure that\nvictims of trafficking in human beings have access without delay to\nlegal counselling, and, in accordance with the role of victims in\nthe relevant justice system, to legal representation, including for\nthe purpose of claiming compensation. Legal counselling and legal\nrepresentation shall be free of charge where the victim does not\nhave sufficient financial resources. Member States shall ensure\nthat victims of trafficking in human beings receive appropriate\nprotection on the basis of an individual risk assessment, inter\nalia, by having access to witness protection programmes or other\nsimilar measures, if appropriate. Without prejudice to the rights\nof the defence, Member States shall ensure that victims of\ntrafficking in human beings receive specific treatment aimed at\npreventing secondary victimisation by avoiding, the following: (a)\nunnecessary repetition of interviews during investigation,\nprosecution or trial; (b) visual contact between victims and\ndefendants including during the giving of evidence such as\ninterviews and cross-examination, by appropriate means including\nthe use of appropriate communication technologies; (c) the giving\nof evidence in open court; and (d) unnecessary questioning\nconcerning the victim's private life.
\nAssistance, support,\nprotection and compensation for child victims: child victims of trafficking in human beings shall\nbe provided with assistance, support and protection. In the\napplication of this Directive the child's best interests shall be a\nprimary consideration. Member States shall ensure that, where the\nage of a person subject to trafficking in human beings is uncertain\nand there are reasons to believe that the person is a child, that\nperson is presumed to be a child in order to receive immediate\naccess to assistance, support and protection.
\nMember states shall ensure\nthat assistance and support are provided to victims before, during\nand for an appropriate time after criminal proceedings in order to\nenable them to exercise their rights on the standing of victims in\ncriminal proceedings.
\nAdditional provisions are\nset out for child victims, such as physical and psycho-social\nassistance and the possibility to appoint a guardian or a\nrepresentative for a non-accompanied the child\nvictim.
\nProtection measures include\naccess to legal without delay to legal counselling and legal\nrepresentation as well as possible access to witness protection\nprogrammes. Child victims should benefit from a number of\nadditional measures including setting conditions for the interviews\nof the child during the proceedings. The child should, e.g., be\ninterviewed in premises designed or adapted for this purpose, by or\nthrough trained professionals and, if possible, by the same persons\nfor all interviews necessary. Member States will also have to\nensure that victims of trafficking in human beings have access to\nexisting schemes on compensation to victims of violent intentional\ncrimes.
\nCompensation to\nvictims: Member States shall ensure\nthat victims of trafficking in human beings have access to existing\nschemes of compensation to victims of violent crimes of\nintent.
\nPrevention: prevention\nmeasures to be taken by Member States include:
\nMember States shall\ncooperate with relevant civil society organisations and other\nstakeholders, aimed at raising awareness and reducing the risk of\npeople, especially children, becoming victims of trafficking in\nhuman beings.
\nNational rapporteurs or\nequivalent mechanisms: Member States\nshall take the necessary measures to establish national rapporteurs\nor equivalent mechanisms. The tasks of such mechanisms shall\ninclude the carrying out of assessments of trends in trafficking in\nhuman beings, the measuring of results of anti-trafficking actions,\nincluding the gathering of statistics in close cooperation with\nrelevant civil society organisations active in this field, and\nreporting.
\nCoordination of the\nUnion strategy against trafficking in human beings: in order to contribute to a coordinated and\nconsolidated Union strategy against trafficking in human\nbeings, Member States shall facilitate the tasks of an\nanti-trafficking coordinator (ATC). In particular, Member States\nshall transmit to the ATC the information provided by ational\nrapporteurs or equivalent mechanisms, on the basis of which the ATC\nshall contribute to reporting carried out by the Commission every\ntwo years on the progress made in the fight against trafficking in\nhuman beings.
\nReporting: the\nCommission shall:
\nENTRY INTO FORCE:\n15.04.2011. This Directive replaces and repeals Council Framework\nDecision 2002/629/JHA on combating trafficking in human\nbeings.
\nTRANSPOSITION:\n06.04.2013.
\nAPPLICATION: the Directive\nshall apply to all the Member States except Denmark and the United\nKingdom. The latter might still use an opt-in to participate in the\nnew rules at a later stage.
\nPURPOSE: to establish minimum rules concerning the\ndefinition of criminal offences and sanctions in the area of\ntrafficking in human beings and to repeal Framework\nDecision 2002/629/JHA on the same issue.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: trafficking in human beings is considered\none of the most serious crimes worldwide, a gross violation of\nhuman rights, a modern form of slavery, and an extremely profitable\nbusiness for organised crime. It is reasonable to estimate from the\navailable figures that every year several hundred thousand people\nare trafficked into the EU or within the EU area.
\nThe Council\nof Europe Convention on Action against Trafficking in Human\nBeings provides a comprehensive and coherent framework covering\nprevention, cooperation between different actors, protection of and\nassistance to victims, and an obligation to criminalise trafficking\nin human beings. Implementing such measures would lead to\nsignificant improvements. The Convention has been ratified by 16 EU\nMember States. Another 10 have signed it and are going through the\nratification process.
\nFramework Decision 2002/629/EC on combating\ntrafficking in human beings was adopted in 2002 as a response to a\ngenerally perceived need to address the serious criminal offence of\ntrafficking in human beings at EU level. In order to tackle recent\ndevelopments in the phenomenon of trafficking in human beings, the\nproposed Directive adopts a broader concept of what should be\nconsidered trafficking in human beings than under Framework\nDecision 2002/629/JHA and therefore includes additional forms of\nexploitation.
\nThe fight against trafficking in human beings requires\ncoordinated efforts by Member States, as well as cooperation at an\ninternational level in order to achieve the aims. Differences in\nlegal treatment in the different Member States hinder coordinated\nefforts and hamper international law enforcement and judicial\ncooperation. It is necessary to repeal the 2002 text.
\nIt should be noted that this proposal builds on a\nCommission proposal\nmade on 25/03/2009 aiming to repeal the 2002 Framework Decision\nwhich has lapsed following the entry into force of the Treaty on\nthe Functioning of the EU (TFEU).
\nIMPACT ASSESSMENT: various policy options were\nexamined in connection with the previous proposal for a Framework\nDecision of 25 March 2009 with a view to preventing and combating\ntrafficking in human beings more effectively, and better protecting\nvictims. This is valid for the current proposal.
\nFollowing the analysis of economic impacts, social\nimpacts, and impacts on fundamental rights, options 3 and 4 present\nthe best approach to the problem and should fully achieve the\nidentified objectives. The preferred option is option\n4.
\nLEGAL BASIS: Article 82(2) and Article 83(1) of the\nTreaty on the Functioning of the European Union. The fight against\ntrafficking in human beings requires coordinated efforts by Member\nStates, as well as cooperation at an international level in order\nto achieve the aims. Differences in legal treatment in the\ndifferent Member States hinder coordinated efforts and hamper\ninternational law enforcement and judicial cooperation. Action by\nthe EU will better achieve the objectives of the proposal, which\nwill approximate Member States' substantive criminal law and\nprocedural rules more extensively than the current Framework\nDecision. This will have a positive impact on international law\nenforcement and judicial cooperation, and on the protection and\nassistance given to victims. The proposal therefore complies with\nthe subsidiarity principle.
\nCONTENT: the proposal aims to establish minimum rules\nconcerning the definition of criminal offences and sanctions in the\narea of trafficking in human beings. It also aims to introduce\ncommon provisions to strengthen the prevention of the crime and the\nprotection of its victims. The new directive, in addition to\nprovisions in the current Framework Decision, would include the\nfollowing new elements:
\nSubstantive criminal law provisions: these comprise
\nJurisdiction and prosecution
\nVictim assistance and support
\nProtection of victims in criminal\nproceedings
\nPrevention
\nMonitoring:\nestablishment of National Rapporteurs or equivalent mechanisms. The\ntasks of such mechanisms shall include the carrying out of\nassessments on trafficking in human beings trends, the measuring of\nresults of anti-trafficking actions and reporting to the relevant\nnational authorities.
\nTerritorial scope: the\nadoption of the proposal will be addressed to the Member States.\nThe application of the resulting Directive to the United Kingdom,\nIreland and Denmark will be determined in accordance with the\nprovisions of Protocols (No 21) and (No 22) annexed to the Treaty\non the functioning of the European Union.
\nBUDGETARY IMPLICATION: the proposal has no implication\nfor the Community budget.
\nThe Council agreed on a\ngeneral approach regarding a directive aimed at\nstrengthening the fight against trafficking in human beings and the\nprotection of victims.
\nIn March 2010, the Commission adopted its proposal on\nthe file. Once adopted, the new rules will replace framework\ndecision 2002/629/JHA. The goal is to further approximate national\nlegislation and to improve international law enforcement and\njudicial cooperation. The provisions of the future directive\ninclude:
\nThe Committee on Civil Liberties, Justice and Home\nAffairs and the Committee on Women's Rights and Gender Equality\nadopted, under Rule 51 on Joint Committee meetings, the report\ndrawn up by Edit BAUER (EPP, SK) and Anna HEDH (S&D, SE) on the\nproposal for a directive of the European Parliament and of the\nCouncil on preventing and combating trafficking in human beings,\nand protecting victims, repealing Framework Decision\n2002/629/JHA.
\nIt recommended that the European Parliament's position\nat first reading under the ordinary\nlegislative procedure (formerly known as the codecision\nprocedure) should be to amend the Commission proposal.\nThe amendments are the result of a compromise agreement between\nParliament and Council and are as follows:
\nGender perspective: the\ntext stresses the gender perspective in its common provisions. It\nstates that the Directive recognises the gender-specific phenomenon\nof trafficking and that women and men are often trafficked for\ndifferent purposes. For this reason, assistance and support\nmeasures should also be gender specific where appropriate. The\n\"push\" and \"pull\" factors may be different depending on the sectors\nconcerned, such as trafficking in human beings into the sex\nindustry or for labour exploitation in, for example, construction\nwork, the agricultural sector or domestic servitude.
\nSeizure and Confiscation: a new clause states that competent authorities must\nbe entitled to seize and confiscate instrumentalities and proceeds\nfrom the offences referred to in the Directive.
\nNon-prosecution or non-application of penalties to the\nvictim: competent national\nauthorities must also be entitled not to prosecute or\nimpose penalties on victims of trafficking in human beings for\ntheir involvement in criminal activities which they have been\ncompelled to commit as a direct consequence of being subjected to\nany of the acts within the scope of the text.
\nAssistance and support for victims of trafficking in\nhuman beings: this must not be\nconditional on the victim's willingness to cooperate in the\ncriminal investigation, prosecution and trial, without prejudice to\nDirective 2004/81/EC or similar national rules.
\nThe compromise text states that assistance and support\nmeasures should be provided to victims on a consensual and informed\nbasis. Victims should therefore be informed of the important\naspects of those measures and they should not be imposed\non the victims. A victims' refusal to assistance or support\nmeasures should not entail obligations for the competent\nauthorities of the Member State concerned to provide the\nvictim with alternative measures.
\nAssistance and support to child\nvictims: in the application of\nthe Directive the child's best interests shall be a primary\nconsideration. There must be specific actions to assist and support\nchild victims of trafficking in human beings, with a view to\nfinding a durable solution for the child. Within a reasonable\ntime, Member States shall provide access to education for child\nvictims and children of victims, who are given assistance and\nsupport. They must appoint a guardian or a representative for the\nchild victim from the moment he/she is identified by the\nauthorities where, by national law, the holders of parental\nresponsibility are, as a result of a conflict of interests between\nthem and the child victim, precluded from ensuring the child's best\ninterest and/or from representing the child.
\nThe text makes special provision for unaccompanied\nchild victims of trafficking in human beings as they need\nspecific assistance and support due to their situation of\nparticular vulnerability. From the moment an unaccompanied child\nvictim of trafficking in human beings is identified and until a\ndurable solution is found, Member States should apply reception\nmeasures appropriate to the needs of the child and should ensure\nthat relevant procedural safeguards apply. The necessary measures\nshould be taken to ensure that, where appropriate, a guardian\nand/or a representative are appointed in order to safeguard the\nminor's best interests. A decision on the future of each\nunaccompanied child victim should be taken within the shortest\npossible period of time with a view to finding durable solutions\nbased on an individual assessment of the best interests of the\nchild, which should be a primary consideration. A durable solution\ncould be return and reintegration in the country of origin or the\ncountry of return, integration in the host society, granting of\ninternational protection status or granting of other status\naccording to national law of the Member States.
\nCompensation to victims:\nvictims of trafficking in human beings must have access to existing\nschemes of compensation to victims of violent crimes of\nintent.
\nNational Rapporteurs or equivalent\nmechanisms: the tasks of such persons\nmust include the gathering of statistics. National Rapporteurs or\nequivalent mechanisms are already constituted in an informal\nUnion Network established by the Council Conclusions of 4 June\n2009. An Anti-Trafficking Coordinator would take\npart in the works of that Network, which provides the Union and the\nMember States with objective, reliable, comparable and up-to-date\nstrategic information in the field of trafficking in human beings\nand exchanges experience and best practices in the field of\npreventing and combating trafficking in human beings at Union\nlevel. The European Parliament should be entitled to participate in\nthe joint activities of the National Rapporteurs or equivalent\nmechanisms.
\nCoordination of the Union strategy on trafficking\nin human beings: in order to\ncontribute to a coordinated and consolidated strategy of the\nEuropean Union against trafficking in human beings, Member States\nshall facilitate the tasks of an Anti-Trafficking Coordinator\n(ATC), and in particular, transmit to the ATC the information\nrequired by the Directive, on the basis of which the ATC shall\ncontribute to a report by the Commission every two years on the\nprogress made in the fight against trafficking in human\nbeings.
\nReporting: the\nCommission shall submit a report:
\nThe European Parliament adopted by 643 votes to 10,\nwith 14 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on\npreventing and combating trafficking in human beings, and\nprotecting victims, repealing Framework Decision\n2002/629/JHA.
\nIt adopted its position at first reading under the\nordinary legislative procedure (formerly known as the codecision\nprocedure). The amendments adopted in plenary are the result of a\ncompromise negotiated between the European Parliament and the\nCouncil. They amend the Commission proposal as follows:
\nReplacement of Framework Decision\n2002/629/JHA: this Directive aims to\namend and expand the provisions of Framework Decision 2002/629/JHA.\nSince the amendments to be made are of substantial number and\nnature, the Framework Decision should in the interests of clarity\nbe replaced in its entirety.
\nGender perspective: the\ntext stresses the gender perspective in its common provisions. It\nstates that the Directive recognises the gender-specific phenomenon\nof trafficking and that women and men are often trafficked for\ndifferent purposes. For this reason, assistance and support\nmeasures should also be gender specific where appropriate. The\n\"push\" and \"pull\" factors may be different depending on the sectors\nconcerned, such as trafficking in human beings into the sex\nindustry or for labour exploitation in, for example, construction\nwork, the agricultural sector or domestic servitude.
\nPenalties: Member States\nshall take the necessary measures to ensure that an offence is\npunishable by penalties of a maximum of at least ten years of\nimprisonment where it has been committed in any of the following\ncircumstances: (i) the offence was committed against a victim who\nwas particularly vulnerable (including child victims); (ii) the\noffence deliberately or by gross negligence endangered the life of\nthe victim; (iii) the offence was committed by use of serious\nviolence or has caused particularly serious harm to the\nvictim.
\nSeizure and Confiscation: a new clause states that competent authorities must\nbe entitled to seize and confiscate instrumentalities and proceeds\nfrom the offences referred to in the Directive.
\nNon-prosecution or non-application of penalties to the\nvictim: competent national\nauthorities must also be entitled not to prosecute or\nimpose penalties on victims of trafficking in human beings for\ntheir involvement in criminal activities which they have been\ncompelled to commit as a direct consequence of being subjected to\nany of the acts within the scope of the text.
\nAssistance and support for victims of trafficking in\nhuman beings: this must not be\nconditional on the victim's willingness to cooperate in the\ncriminal investigation, prosecution and trial, without prejudice to\nDirective 2004/81/EC or similar national rules.
\nThe compromise text states that assistance and support\nmeasures should be provided to victims on a consensual and informed\nbasis. Victims should therefore be informed of the important\naspects of those measures and they should not be imposed\non the victims. A victims' refusal to assistance or support\nmeasures should not entail obligations for the competent\nauthorities of the Member State concerned to provide the\nvictim with alternative measures.
\nAssistance and support to child\nvictims: in the application of\nthe Directive the child's best interests shall be a primary\nconsideration. There must be specific actions to assist and support\nchild victims of trafficking in human beings, with a view to\nfinding a durable solution for the child. Within a reasonable\ntime, Member States shall provide access to education for\nchild victims and children of victims, who are given assistance and\nsupport. They must appoint a guardian or a representative for the\nchild victim from the moment he/she is identified by the\nauthorities where, by national law, the holders of parental\nresponsibility are, as a result of a conflict of interests between\nthem and the child victim, precluded from ensuring the child's best\ninterest and/or from representing the child.
\nThe resolution makes special provision for\nunaccompanied child victims of trafficking in human beings as\nthey need specific assistance and support due to their situation of\nparticular vulnerability. From the moment an unaccompanied child\nvictim of trafficking in human beings is identified and until a\ndurable solution is found, Member States should apply reception\nmeasures appropriate to the needs of the child and should ensure\nthat relevant procedural safeguards apply. The necessary measures\nshould be taken to ensure that, where appropriate, a guardian\nand/or a representative are appointed in order to safeguard the\nminor's best interests. A decision on the future of each\nunaccompanied child victim should be taken within the shortest\npossible period of time with a view to finding durable solutions\nbased on an individual assessment of the best interests of the\nchild, which should be a primary consideration. A durable solution\ncould be return and reintegration in the country of origin or the\ncountry of return, integration in the host society, granting of\ninternational protection status or granting of other status\naccording to national law of the Member States.
\nCompensation to victims:\nvictims of trafficking in human beings must have access to existing\nschemes of compensation to victims of violent crimes of\nintent.
\nNational Rapporteurs or equivalent\nmechanisms: the tasks of such persons\nmust include the gathering of statistics. National Rapporteurs or\nequivalent mechanisms are already constituted in an informal\nUnion Network established by the Council Conclusions of 4 June\n2009. An Anti-Trafficking Coordinator would take\npart in the works of that Network, which provides the Union and the\nMember States with objective, reliable, comparable and up-to-date\nstrategic information in the field of trafficking in human beings\nand exchanges experience and best practices in the field of\npreventing and combating trafficking in human beings at Union\nlevel. The European Parliament should be entitled to participate in\nthe joint activities of the National Rapporteurs or equivalent\nmechanisms.
\nCoordination of the Union strategy on trafficking\nin human beings: in order to\ncontribute to a coordinated and consolidated strategy of the\nEuropean Union against trafficking in human beings, Member States\nshall facilitate the tasks of an Anti-Trafficking Coordinator\n(ATC), and in particular, transmit to the ATC the information\nrequired by the Directive, on the basis of which the ATC shall\ncontribute to a report by the Commission every two years on the\nprogress made in the fight against trafficking in human\nbeings.
\nCoordination of investigations: law enforcement authorities of the Member States\nshould continue to cooperate in order to strengthen the fight\nagainst trafficking in human beings. In this regard, close\ncross-border cooperation, including sharing of information and\nsharing of best practice, as well as continued open dialogue\nbetween police, judicial and financial authorities of the Member\nStates is essential. The coordination of investigations and\nprosecutions of cases of trafficking in human beings should be\nfacilitated by enhanced cooperation with Europol and Eurojust, the\nsetting up of joint investigation teams as well as by the\nimplementation of Council Framework Decision 2009/948/JHA on\nprevention and settlement of conflict of jurisdiction in criminal\nproceedings.
\nReporting: the\nCommission shall submit a report:
\nPURPOSE: to repeal and replace Framework Decision 2002/629/JHA\non combating trafficking in human beings\nand the fight against this phenomenon as well as the protection of\nvictims.
\nLEGISLATIVE ACT: Directive\n2011/36/EC of the European Parliament and of the Council on\npreventing and combating trafficking in human beings and protecting\nits victims, and replacing Council Framework Decision\n2002/629/JHA.
\nCONTENT: at first reading,\nthe European Parliament and the Council adopted a Directive on the\nfight against trafficking in human beings. The Council adopted EU\nwide minimum rules concerning the definition of criminal offences\nand the level of sanctions in the area of trafficking in human\nbeings. The new rules also strengthen the prevention of the crime\nand the protection of victims of trafficking in human beings. The\nnew directive replaces Framework Decision 2002/629/JHA.
\nThe new directive also\nconstitutes the first agreement between the Council and the\nEuropean Parliament in the area of substantive criminal law\nafter the entry into force of the
\nLisbon Treaty.
\nSubject\nmatter: this Directive establishes\nminimum rules concerning the definition of criminal offences and\nsanctions in the area of trafficking in human beings. It also\nintroduces common provisions, taking into account the gender\nperspective, to strengthen the prevention of this crime and the\nprotection of the victims thereof.
\nOffences concerning\ntrafficking in human beings:\naccording to the Directive, the following intentional acts are\npunishable: the recruitment, transportation, transfer, harbouring\nor reception of persons, including the exchange or transfer of\ncontrol over those persons, by means of the threat or use of force\nor other forms of coercion, of abduction, of fraud, of deception,\nof the abuse of power or of a position of vulnerability or of the\ngiving or receiving of payments or benefits to achieve the consent\nof a person having control over another person, for the purpose of\nexploitation. Exploitation shall include, as a minimum, the\nexploitation of the prostitution of others or other forms of sexual\nexploitation, forced labour or services, including begging, slavery\nor practices similar to slavery, servitude, or the exploitation of\ncriminal activities, or the removal of organs.
\nWhen the conduct involves a\nchild (person below 18 years of age) it shall be a\npunishable offence of trafficking in human beings even if none of\nthe means set forth above has been used.
\nIncitement, aiding and\nabetting, and attempt: Member States\nshall take the necessary measures to ensure that inciting, aiding\nand abetting or attempting to commit an offence is\npunishable.
\nPenalties: an offence\nshall be punishable by a maximum penalty of at least five years\nof imprisonment. However, in the following circumstances Member\nStates shall take the necessary measures to ensure that an offence\nshall be punishable by a maximum penalty of at least 10 years of\nimprisonment where that offence:
\nMember States shall take\nthe necessary measures to ensure that the fact that an offence was\ncommitted by public officials in the performance of their duties is\nregarded as an aggravating circumstance.
\nLiability of legal\npersons: Member States shall take the\nnecessary measures to ensure that legal persons can be held liable\nfor the offences committed for their benefit by any person, acting\neither individually or as part of an organ of the legal person, who\nhas a leading position within the legal person. Liability of a\nlegal person shall not exclude criminal proceedings against natural\npersons who are perpetrators, inciters or accessories in the\noffences concerned.
\nSeizure and\nconfiscation: Member States shall\ntake the necessary measures to ensure that their competent\nauthorities are entitled to seize and confiscate instrumentalities\nand proceeds from the offences.
\nNon-prosecution of\nvictims: the text also includes a\nprovision which will allow national authorities not to prosecute\nor impose penalties on victims of trafficking in human beings\nfor their involvement in criminal activities they have been\ncompelled to commit.
\nInvestigation and\nprosecution: investigation into or\nprosecution of offences referred to in this Directive is not\ndependent on reporting or accusation by a victim and that criminal\nproceedings may continue even if the victim has withdrawn his or\nher statement. Member States shall take the necessary measures to\nenable, where the nature of the act calls for it, the prosecution\nof an offence for a sufficient period of time after the victim\nhas reached the age of majority.
\nMember States shall take\nthe necessary measures to ensure that persons, units or services\nresponsible for investigating or prosecuting the offences are\ntrained accordingly and are able to use effective investigative\ntools, such as those which are used in organised crime or other\nserious crime cases.
\nJurisdiction: each Member\nState will have to investigate and prosecute offences committed in\nwhole or in part within its territory or committed by one of its\nnational, even outside of its territory. Member States can chose to\ngo beyond that basic rule by establishing further jurisdiction over\nan offence committed outside of its territory e.g. where the\noffence is committed against one of their nationals or against a\nperson who has his or her habitual residence in the territory of\nthat Member State. This is also possible where the offender has his\nor her habitual residence in the territory of that Member\nState.
\nAssistance and support\nfor victims of trafficking in human beings: Member States shall take the necessary measures to\nensure that assistance and support are provided to victims before,\nduring and for an appropriate period of time after the conclusion\nof criminal proceedings in order to enable them to exercise the\nrights set out in this Directive. Granting of assistance and\nsupport for a victim are not made conditional on the victim's\nwillingness to cooperate in the criminal investigation, prosecution\nor trial. The assistance and support measures shall be provided\non a consensual and informed basis, and shall include at least\nstandards of living capable of ensuring victims' subsistence\nthrough measures such as the provision of appropriate and safe\naccommodation and material assistance, as well as necessary medical\ntreatment including psychological assistance, counselling and\ninformation, and translation and interpretation services where\nappropriate. Member States shall attend to victims with special\nneeds, where those needs derive, in particular, from whether they\nare pregnant, their health, a disability, a mental or psychological\ndisorder they have, or a serious form of psychological, physical or\nsexual violence they have suffered.
\nProtection of victims of\ntrafficking in human beings in criminal investigation and\nproceedings: the protection measures\nshall apply in addition to the rights set out in Framework Decision\n2001/220/JHA. Member States shall ensure that\nvictims of trafficking in human beings have access without delay to\nlegal counselling, and, in accordance with the role of victims in\nthe relevant justice system, to legal representation, including for\nthe purpose of claiming compensation. Legal counselling and legal\nrepresentation shall be free of charge where the victim does not\nhave sufficient financial resources. Member States shall ensure\nthat victims of trafficking in human beings receive appropriate\nprotection on the basis of an individual risk assessment, inter\nalia, by having access to witness protection programmes or other\nsimilar measures, if appropriate. Without prejudice to the rights\nof the defence, Member States shall ensure that victims of\ntrafficking in human beings receive specific treatment aimed at\npreventing secondary victimisation by avoiding, the following: (a)\nunnecessary repetition of interviews during investigation,\nprosecution or trial; (b) visual contact between victims and\ndefendants including during the giving of evidence such as\ninterviews and cross-examination, by appropriate means including\nthe use of appropriate communication technologies; (c) the giving\nof evidence in open court; and (d) unnecessary questioning\nconcerning the victim's private life.
\nAssistance, support,\nprotection and compensation for child victims: child victims of trafficking in human beings shall\nbe provided with assistance, support and protection. In the\napplication of this Directive the child's best interests shall be a\nprimary consideration. Member States shall ensure that, where the\nage of a person subject to trafficking in human beings is uncertain\nand there are reasons to believe that the person is a child, that\nperson is presumed to be a child in order to receive immediate\naccess to assistance, support and protection.
\nMember states shall ensure\nthat assistance and support are provided to victims before, during\nand for an appropriate time after criminal proceedings in order to\nenable them to exercise their rights on the standing of victims in\ncriminal proceedings.
\nAdditional provisions are\nset out for child victims, such as physical and psycho-social\nassistance and the possibility to appoint a guardian or a\nrepresentative for a non-accompanied the child\nvictim.
\nProtection measures include\naccess to legal without delay to legal counselling and legal\nrepresentation as well as possible access to witness protection\nprogrammes. Child victims should benefit from a number of\nadditional measures including setting conditions for the interviews\nof the child during the proceedings. The child should, e.g., be\ninterviewed in premises designed or adapted for this purpose, by or\nthrough trained professionals and, if possible, by the same persons\nfor all interviews necessary. Member States will also have to\nensure that victims of trafficking in human beings have access to\nexisting schemes on compensation to victims of violent intentional\ncrimes.
\nCompensation to\nvictims: Member States shall ensure\nthat victims of trafficking in human beings have access to existing\nschemes of compensation to victims of violent crimes of\nintent.
\nPrevention: prevention\nmeasures to be taken by Member States include:
\nMember States shall\ncooperate with relevant civil society organisations and other\nstakeholders, aimed at raising awareness and reducing the risk of\npeople, especially children, becoming victims of trafficking in\nhuman beings.
\nNational rapporteurs or\nequivalent mechanisms: Member States\nshall take the necessary measures to establish national rapporteurs\nor equivalent mechanisms. The tasks of such mechanisms shall\ninclude the carrying out of assessments of trends in trafficking in\nhuman beings, the measuring of results of anti-trafficking actions,\nincluding the gathering of statistics in close cooperation with\nrelevant civil society organisations active in this field, and\nreporting.
\nCoordination of the\nUnion strategy against trafficking in human beings: in order to contribute to a coordinated and\nconsolidated Union strategy against trafficking in human\nbeings, Member States shall facilitate the tasks of an\nanti-trafficking coordinator (ATC). In particular, Member States\nshall transmit to the ATC the information provided by ational\nrapporteurs or equivalent mechanisms, on the basis of which the ATC\nshall contribute to reporting carried out by the Commission every\ntwo years on the progress made in the fight against trafficking in\nhuman beings.
\nReporting: the\nCommission shall:
\nENTRY INTO FORCE:\n15.04.2011. This Directive replaces and repeals Council Framework\nDecision 2002/629/JHA on combating trafficking in human\nbeings.
\nTRANSPOSITION:\n06.04.2013.
\nAPPLICATION: the Directive\nshall apply to all the Member States except Denmark and the United\nKingdom. The latter might still use an opt-in to participate in the\nnew rules at a later stage.
\n