What changed between the plenary report and the adopted text

Removed:DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

Added:P9_TA(2024)0310

Changed:on the proposal for a directive of the European Parliament and of the Council amendingAmending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims

Removed:(COM(2022)0732 – C90431/2022 – 2022/0426(COD))

Added:Committee on Civil Liberties, Justice and Home Affairs and Committee on Women’s Rights and Gender Equality

Added:PE749.081

Added:European Parliament legislative resolution of 23 April 2024 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 (COM(2022)0732 – C9-0431/2022 – 2022/0426(COD))

6 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0732),

– having regard to Article 294(2), Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0431/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 27 April 2023,

Added:– having regard to the provisional agreement approved by the committees responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 February 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

6 unchanged paragraphs

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality under Rule 58 of the Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A9-0285/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Removed:AMENDMENTS BY THE EUROPEAN PARLIAMENT*

Added:P9_TC1-COD(2022)0426

Removed:to the Commission proposal

Added:Position of the European Parliament adopted at first reading on 23 April 2024 with a view to the adoption of Directive (EU) 2024/… 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

Removed:---------------------------------------------------------

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/1712.)

Removed:#2022/0426 (COD)

Removed:Proposal for a

Removed:DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Removed:amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims

Removed:THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Removed:Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) and 83(1) thereof,

Removed:Having regard to the proposal from the European Commission,

Removed:After transmission of the draft legislative act to the national parliaments,

Removed:[Having regard to the opinion of the European Economic and Social Committee,

Removed:Having regard to the opinion of the Committee of the Regions27,]

Removed:Acting in accordance with the ordinary legislative procedure, Whereas:

Removed:(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, respecting, protecting and promoting the rights of all trafficked victims and supporting those victims, regardless of their country of origin, remains a priority for the Union and a legal obligation of the Member States.

Removed:(1a) Trafficking in human beings has different root causes. Poverty, conflict, inequality, gender-based violence, the absence of viable employment opportunities or social support, humanitarian crisis and discrimination are among the main factors that make persons, especially women, children and members of marginalised groups, vulnerable to trafficking.

Removed:(2) 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 the assistance, prevention and protection of all victims, taking into account the gender, disability and child perspectives and considering in particular the needs of unaccompanied children and children deprived of parental care.

Removed:(2a) There is also a need to adopt an intersectional approach to all measures that aim to prevent and combat trafficking in human beings, as well as to the assistance, support and protection of victims while taking into account their specific needs.

Removed:(3) The EU Strategy on Combatting Trafficking in Human Beings 2021-2025 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, experts and civil society organisations working in the field, 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, to the cooperation and coordination between Member States as well as to the national systems aimed at the early detection, identification of, specialised assistance to and support for victims of trafficking.

Removed:(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, illegal adoption, surrogacy for reproductive exploitation and exploitation of children in residential and closed-type institutions 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. In addition, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings. These children are often exploited by criminal groups by being recruited into joining organised criminal groups to later commit criminal activities. In order to address that increasing phenomenon, it is essential for Member States to ensure that the recruitment of children to commit or participate in criminal activities is a form of exploitation as defined in this Directive.

Removed:(4a) Children placed in residential and closed-type institutions are a group particularly vulnerable to human trafficking. They can be placed or kept in these institutions for the purpose of exploitation and profit or trafficked during and after their placement. That vulnerability persists when they leave such institutions after coming of age.

Removed:(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, 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 sex, gender, race or ethnic origins, disability, age, sexual orientation, gender identity, gender expression and sex characteristics, or a combination of those grounds. Member States should ensure that their national frameworks are implemented in a way that does not affect victims negatively.

Removed:(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies leading to a sharp increase of victims exploited online. The online dimension has become a significant part of trafficking in human beings as traffickers use the Internet and social media inter alia as a method to establish comprehensive trafficking networks, communicate with other traffickers, recruit, advertise or exploit victims, exercise control and organise transport and accommodation. Internet and social media are also used to distribute exploitative materials. It is therefore important to explicitly address the online dimension of trafficking and the link between the online and the offline dimension of the crime in the legal framework in all its stages from prevention to prosecution. In combatting trafficking in human beings online, full use is to be made of existing instruments, such as Regulation (EU) 2022/2065 of the European Parliament and of the Council.

Removed:(6) In order to enhance the criminal justice response to offences concerning trafficking in human beings committed for the benefit of legal persons and to deter the commission of those offences, it is necessary to strengthen the sanctions regime against legal persons with a proportionate mandatory approach. Therefore, the optional sanctions regime set out in Directive 2011/36/EU is replaced with a mandatory sanctions regime applicable when a legal person is held liable pursuant to Article 5(1) and (2).

Removed:(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]. ▌Frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU should be used, as a matter of priority, to support victims’ assistance and protection, including through direct compensation of victims ▌. Where it is not possible to use frozen and confiscated instrumentalities and proceeds for victims’ assistance, support and protection through direct compensation, those instrumentalities and proceeds should be used for social purposes, in particular by allocating them to organisations that assist an support victims of trafficking. Frozen and confiscated assets should not constitute the only source of funds for providing compensation, support or assistance to victims. Member States should, to that effect, establish a national fund or a similar instrument for victims of trafficking and to further invest into investigation and prosecution of trafficking cases.

Removed:(7a) In order to increase coordination of all bodies working on trafficking in human beings and to reinforce national policy responses, it is necessary to establish National Anti-Trafficking Coordinators (NAC). Member States should ensure the allocation of sufficient resources to national anti-trafficking coordinators to enable the effective and adequate performance of their tasks.

Removed:(7b) 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 facilitate the tasks of an EU Anti-Trafficking Coordinator in coordinating the Union’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, improving coordination and coherence, avoiding duplication of effort, between Union institutions and related agencies as well as between Member States and international 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.

Removed:(8) In order to enhance the national prevention capability and 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 for the referral of victims and appointing national focal points for different forms of trafficking are essential measures to enhance cross-border cooperation and to ensure the early detection, identification, assistance and support to victims through coordination between competent authorities and relevant support organisations. When dealing with child victims, particularly girls, the mechanisms should provide support in a manner that is particularly adapted to their specific needs, as set out in this Directive.

Removed:(8a) With a view to strengthening the national capability regarding detection, identification and referral of victims, Member States should also develop National Anti-Trafficking Action Plans. They should review and update those plans at regular intervals. The National Action Plans should contain comprehensive measures, including preventive, monitoring, data collection, coordination and due diligence measures to prevent re-trafficking. Member States should develop and update these plans in consultation with civil society organisations.

Removed:(8b) Assistance, support and protection to victims of trafficking should not be conditional on their cooperation in the criminal investigation, prosecution or trial for offences related to their situation as victims of trafficking, or on the success of such proceedings. 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.

Removed:(9) In order to develop a coherent policy response to tackle demand and to further reinforce and harmonise the criminal justice efforts on demand and supply reduction across Member States, it is important to criminalise the use of services and acts which are the objects of exploitation provided by a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to reduce demand which aims to tackle the high levels of supply and demand that fosters all forms of exploitation and to eliminate the current culture of impunity. The offence should not apply to customers who purchase products manufactured under exploitative working conditions, as they are not users of a service. This Directive establishes a minimum legal framework in this regard, and Member States are free to adopt or maintain more stringent criminal rules.

Removed:(9a) Efforts to criminalise the knowing use of services of victims of trafficking in human beings have not resulted in a reduction in demand and countries that legislated on such demand have proven effective. In order to avoid creating a high threshold for prosecutions and missing the Directive’s objective of reducing demand, criminal liability should not be restricted to the use of sexual services with the knowledge that the person is a victim of trafficking.

Removed:(9b) In order to achieve the objective of discouraging the demand that fosters trafficking, criminal justice efforts need to be combined with other measures. Such measures should include victim-centred information and awareness-raising campaigns, training, including training specifically designed for men, education activities that promote equality and combat 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.

Removed:(9c) Persons with any type of disability, in particular girls with disabilities, are at an increased risk of becoming victims of trafficking. Perpetrators are able to target them specifically because of their increased vulnerability and the barriers they face in accessing justice. Since Member States are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should consider the specific needs of victims of trafficking with disabilities when providing these victims with support measures, and should ensure that civil servants receive adequate training so that they can assist victims in a disability-friendly manner. Member States should also take the necessary measures to ensure that victims of trafficking with disabilities are able to participate effectively in legal proceedings.

Removed:(9d) Considering the United Nations Convention relating to the Status of Stateless Persons of 28 September 1954 and the United Nations Convention on the Reduction of Statelessness of 30 August 1961 (the ‘UN Conventions on Statelessness’), Member States should take into account the specific needs of stateless persons who are victims of trafficking, as well as take the necessary measures to prevent victims of trafficking from becoming stateless. Member States should also take the necessary measures to establish the identity of the victims of trafficking and to establish and confirm their citizenship and their citizenship status.

Removed:(10) The collection of accurate reliable, coherent, anonymised data disaggregated by at least sex, gender, racial and ethnic origin, age, socio-economic status, citizenship, statelessness and comparable across Member States, where possible under national law, as well as the timely publication of collected data and statistics are fundamental to ensure full knowledge on the scope of trafficking in human beings within the Union. Introducing a requirement for Member States to, in cooperation with relevant Union agencies, collect and report to the Commission statistical data on trafficking in human beings every year in a harmonised way is expected to constitute a relevant step to enhance the general understanding of the phenomenon and to ensure the adoption of data-informed policies and strategies. Due to the importance of having up-to-date statistical data as soon as possible it is appropriate to determine the date of the application of the article on data collection at the earliest point in time, which is the entry into force of this Directive.

Removed:(10a) All Member States should 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.