Changes from plenary report to adopted text

Removed(5) Article 18 is replaced by the following:

Removed‘Article 18

RemovedPrevention

Removed1. Member States shall allocate the necessary resources and they shall take appropriate measures, such as education, training and campaigns, with a specific attention to the online dimension, to target potential and current users to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings.

Removed1a. In the case of children, Member States shall ensure that national child protection systems, including residential or closed-type institutions, develop specific plans to prevent trafficking in human beings.

Removed2. Member States shall take appropriate action, in a gender-sensitive and child-friendly way based on an intersectional approach, including through the internet, such as information and awareness-raising campaigns, research and education programmes, including the promotion of digital literacy and skills, for potential victims, specifically targeted at women and girls, and where appropriate in cooperation with relevant civil society organisations and other stakeholders such as the private sector and online platforms, aimed at raising awareness and reducing the risk of people, especially children and persons with disabilities, becoming victims of trafficking in human beings.

Removed2a. In addition, Member States shall take further appropriate action, such as education programmes and information and awareness-raising campaigns, aimed at increasing knowledge, particularly among men and boys, of the impact of negative attitudes, behaviours, and gender stereotypes that promote the exploitation of women and girls and thereby contribute to trafficking. Member States shall ensure that awareness-raising campaigns are victim-centred and aim at increasing understanding among the public of the driving factors of trafficking, placing special attention to its gendered dimension, discrimination based on racial and ethnic origin, and to situations of vulnerability, as well as at challenging harmful stereotypes and changing norms that justify exploitation and abuse.

Removed2b. Member States shall take measures to conduct in-depth qualitative research to analyse the relationship between situations of vulnerability and exposure to risks of trafficking including research to examine the nexus between gender and trafficking situations, in particular less visible forms of trafficking such as domestic servitude and organ removal, taking into account an intersectional approach. Research shall also examine the root causes, prevalence, impact, victims, perpetrators, manifestations, channels and the need for support and protection services.

Removed3. Member States shall allocate the necessary resources in order to conduct regular specialised mandatory gender-, child-, disability- and gender-sensitive training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, judges, welfare officers, social workers and hospital workers aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings.

Removed4. Member States shall incorporate anti-trafficking measures as part of their emergency response plans and facilitate cooperation and coordination between each other in order to prevent and reduce the occurrence of trafficking in human beings in such contexts, in close cooperation with the EU anti-trafficking coordinator (EU ATC).

Removed5. Member States shall put in place effective, accessible and independent complaint mechanisms. Such mechanisms would contribute to the early detection, identification of, assistance to and support for victims of trafficking. Complaints may be put forward by trusted third parties, such as NGOs, trade unions, or migrant workers’ organisations, on behalf of the victim under the condition that the victim has given consent. Coming forward with a complaint shall not lead to any reprisals for the victim, particularly in relation to their immigration status.’;

Removed(6) The following Article 18 a is inserted:

Removed‘Article 18 a

RemovedOffences concerning the use of services which are the object of exploitation extracted from a victim of an offence concerning trafficking in human beings

Removed1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of service of people which are the objects of exploitation of the prostitution of others or other forms of sexual exploitation as referred to in Article 2 ▌.

Removed1a. Member States shall also consider taking measures regarding those who solicit, accept or obtain a sexual act from a person in a situation of prostitution in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such a benefit.

Removed1b. For other cases of exploitation referred to in Article 2, Member States shall take the necessary measures to establish as a criminal offence the use of such services when the user knew or could have reasonably known that the person was a victim of such exploitation.

Removed2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraphs 1 and 2 are punishable by effective, proportionate and dissuasive penalties and sanctions.’;

Removed(6a) Article 19 is replaced by the following

Removed‘Article 19

RemovedNational Anti-Trafficking Coordinators

Removed1. Member States shall take the necessary measures to establish national anti-trafficking coordinators (NAC) and provide them with the adequate resources necessary to effectively carry out their functions. The national anti-trafficking coordinator shall work with relevant national, regional and local bodies and agencies, particularly law enforcement authorities, national referral mechanisms, and with relevant civil society organisations active in this field. The NAC shall also liaise with the EU Anti-Trafficking Coordinator (EU ATC) as well as with relevant Union agencies.

Removed2. The NAC shall support the government in the development of coherent and effective policies, including the National Action Plans referred to in Article 19c, to assist, support and protect victims.

Removed3. Member States shall also establish independent national rapporteurs or equivalent mechanisms to monitor the impact of anti-trafficking measures, to submit annual reports and monographic reports on matters considered to be serious, urgent or requiring special attention to the competent national authority and to receive complaints. They shall be also responsible for carrying out assessments of root causes and trends in trafficking in human beings, at least the gathering of statistics covered in Article 19a.’;

Removed(7) the following Article 19a is inserted:

Removed‘Article 19 a

RemovedData collection and statistics

Removed1. Member States shall collect statistical data to monitor the effectiveness of their systems to combat offences referred to in this Directive.

Removed2. The statistical data referred to in paragraph 1 shall include at least the following comparable data disaggregated by intersectional indicators including gender, racial or ethnic origin, disability, age, citizenship or statelessness and forms of exploitation, where possible under national law:

Removed(a) the number of detected and identified victims of offences referred to in Article 2, also disaggregated by registering organisation, including the number of children without parental care and unaccompanied minors, whether there are victims who are subjected to more than one form of exploitation;

Removed(aa) the number of victims applying for regularisation and receiving temporary or permanent residence permits as set out in Directive 2004/81/EC, on the residence permit issued to third-country nationals who are victims of trafficking in human beings;(ab) the number of victims holding a part-time or full-time occupation;(ac) the number and type of assistance, support, and protection services accessible to victims, the number of victims accessing or seeking international protection , and the number of cases in which victims benefit from these services and receive compensation;

Removed(ad) the number of detected and identified victims who have been prosecuted or sanctioned for their involvement in unlawful acts which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2 as well as the number of discontinued proceedings, annulled penalties and expunged criminal records for these acts ;

Removed(b) the number of suspects of offences referred to in Article 2 ▌, (c) the number of persons prosecuted for offences referred to in Article 2 ▌, nature of the final decision to prosecute as well as the number of legal persons held liable pursuant to Article 5(1) or (2), and the number and type of sanctions against legal persons referred to in Article 6;

Removed(d) the number of prosecution decisions (charge for offences referred to in Article 2, charge for other criminal offences, decision not to charge, other);

Removed(e) the number of persons convicted for offences referred to in Article 2 ▌;

Removed(f) the number of court judgments (acquittal, convictions, other) for offences referred to in Article 2, for first instance, second instance and final court (or high court) decisions;

Removed(g) the number of suspects, persons prosecuted and convicted for offences referred to in Article 18a (1).

Removed2a. Member States shall ensure that the processing of personal data necessary to collect the statistical data referred to in paragraphs 1 and 2 is carried out in a manner that does not allow the identification of the persons concerned.

Removed3. Member States shall in collaboration with the relevant Union agencies ensure that the statistical data referred to in paragraph 2 for the previous year is transmitted annually to the Commission, by 1 July each year, according to all relevant provisions, as well as to the European Parliament.‘;

Removed(7a) the following article is inserted:

Removed‘Article 19b

RemovedNational Action Plans

Removed1. Member States shall adopt and implement National Anti-Trafficking Action Plans in cooperation with national anti-trafficking coordinators,national rapporteurs, relevant stakeholders including law enforcement authorities, judicial authorities and civil society organisations active in the field to prevent and combat trafficking in human beingsby... [insert date-two years from the date of entry into force of this Directive]. Member States shall ensure that the National Action Plans are reviewed and updated at least every five years.

Removed2. A National Action Plan shall include:

Removedi. preventive measures, including analysis aimed at the identification of economic and social sectors where the risk of trafficking is present;

Removedii. the development of due diligence schemes to be applied by natural and legal persons operating in the economic and social sectors where risk of trafficking is identified;

Removediii. strategies for monitoring the correct application of the due diligence schemes developed for specific sectors where risk of trafficking is identified, including through inspections by and reporting to competent administrative authorities, and related follow-up measures;

Removediv. appropriate mechanisms for coordination and cooperation at strategic and operational levels among all competent authorities, including with relevant Union agencies appropriate financial resources appropriate training and appropriate legal capabilities made available to competent authorities;

Removedv. measures to enhance the exchange of information and intelligence on cross-border human trafficking.

Removedvi. strategies for the development and implementation of measures to prevent re-trafficking of victims;

Removedvii. procedures for regular monitoring and evaluation of the results achieved through the implementation of the National Anti-Trafficking Action Plans;

RemovedThe National Anti-Trafficking Action Plans and the reports prepared as a result of their implementation shall be publicly available.’

Removed(7b) Article 20 is replaced by the following:

RemovedCoordination of the Union strategy against trafficking in human beings

Removed1. In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of the EU anti-trafficking coordinator (ATC). In particular, Member States shall transmit to the ATC at least the information referred to in Article 19, the data referred to in 19a and 19b. The ATC shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against trafficking in human beings, in consultation with national anti-trafficking coordinators, national rapporteurs and equivalent mechanisms, EU agencies and relevant civil society organizations active in the field.

Removed2. In order to transmit the information referred to in paragraph 1 and to ensure coherent cooperation, Member States shall establish a coordination structure between the ATC, national anti-trafficking coordinators, national referral mechanisms and relevant civil society organisations active in the field.’;

Removed(8) In Article 23, the following paragraph 3 is inserted:

Removed“The Commission shall, [by three years after transposition deadline], 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 this Directive, including Article 18a and the impact of such measures.” ;

Removed1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by one year after the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions.

RemovedWhen Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.