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On the proposal for a directive of the European Parliament and of the Council 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

Full title

On the proposal for a directive of the European Parliament and of the Council 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

Document CJ01-PR-749081 · COM(2022)0732 – C90431/2022 – 2022/0426(COD)

Kind
Report parliamentary committee draft CJ01-PR-749081
Date
26 May 2023
Committee
Committee on Civil Liberties, Justice and Home Affairs Committee on Women's Rights and Gender Equality
Rapporteur
Malin Björk, Eugenia Rodríguez Palop
Dossier
2022-0426
More facts (3)
Formats
Official page PDF Word
Subject matter
J-AI, ELSJ
Reference
COM(2022)0732 – C90431/2022 – 2022/0426(COD)
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Jump to an amendment (28)

Draft european parliament legislative resolution

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

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

(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) and Articles 82(2) and 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90431/2022),

–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 ....,

–having regard to the opinion of the Committee of the Regions of ... ,

–having regard to Rules 58 and 59 of its 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 (A90000/2023),

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.

Amendment 1

Proposal for a directive

Recital 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims and Union trans-border law enforcement counter-trafficking activities, should be encouraged.(7) In combatting trafficking in human beings, full use is to be made of existing instruments on the freezing and confiscation of proceeds and instrumentalities of crime, such as Directive EU/XX/YY of the European Parliament and of the Council [Proposed Directive on asset recovery and confiscation]30 . The use of frozen and confiscated instrumentalities and proceeds from the offences referred to in Directive 2011/36/EU to support victims’ assistance and protection, including compensation of victims, should be made a priority. Member States should, to that effect, establish a national victims fund.
30 COM (2022) 245.30 COM (2022) 245.

Or. en

Amendment 2

Proposal for a directive

Recital 8 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(8a) In order to ensure sufficient protection, support and assistance to potential victims of trafficking, it is necessary to ensure that victims are not charged with administrative or criminal offences or excluded from support measures because of their residence status. It is therefore necessary to revise Directive 2011/36/EU to further ensure that non-prosecution, non-application of penalties and support to the victims is not conditional on their cooperation in the criminal investigation, prosecution or trial and to decouple Directive 2011/36/EU from Council Directive 2004/81/EC1a .
1a Council Directive 2004/81/EC 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L 261, 6.8.2004, p. 19)

Or. en

Amendment 3

Proposal for a directive

Recital 9

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important criminalise the use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to demand reduction, which aims to tackle the high levels of demand that fosters all forms of exploitation.(9) In order to develop a coherent policy response to tackle the demand and further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important criminalise the use of services which are the objects of exploitation 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 demand reduction, which aims to tackle the high levels of demand that fosters all forms of exploitation. The offence should not apply to customers purchasing products produced under exploitative working conditions, since they are not users of a service. As Directive 2011/36/EU sets minimum rules, Member States are free to adopt or maintain more stringent criminal rules in this area. Member States should be able, for example, to broaden the scope of offence by criminalising the purchase of sexual acts as a tool for preventing and combating trafficking in human beings.

Or. en

Amendment 4

Proposal for a directive

Article 1 – paragraph 1 – point 1 a (new)

Directive 2011/36/EU

Article 2 – paragraph 6 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1a) in Article 2, the following paragraph is added:
6a. Exploitation referred to in this Article shall include cases of in-person interaction and acts committed remotely through the use of information and communication technologies.

Or. en

Justification

This amendment is needed to ensure coherence with the amendment proposed by the European Commission in article 2a.

Amendment 5

Proposal for a directive

Article 1 – paragraph 1 – point 3

Directive 2011/36/EU

Article 6 – paragraph 1– point b a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ba) exclusion from participation in public contracts;

Or. en

Amendment 6

Proposal for a directive

Article 1 – paragraph 1 – point 3

Directive 2011/36/EU

Article 6 – paragraph 1– point b b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(bb) recovery of some or all public benefits, aid, or subsidies granted for up to 12 months preceding the commission of the offences of trafficking;

Or. en

Amendment 7

Proposal for a directive

Article 1 – paragraph 1 – point 3 a (new)

Directive 2011/36/EU

Article 8

Amendment: Present text and Amendment
Present textAmendment
(3a) Article 8 is replaced by the following:
Article 8"Article 8
Non-prosecution or non-application of penalties to the victimNon-prosecution or non-application of penalties to the victim
Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2.1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for 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, to accordingly discontinue any proceedings against the victim, terminate any restriction of victims’ rights, annul related penalties and expunge their police and criminal records for acts that they commit as a direct consequence of being subjected to any of the acts referred to in Article 2.
2. Member States shall take the necessary measures to ensure that decisions of the competent national authorities referred to in paragraph 1 are not made conditional on the victim's willingness to cooperate in the criminal investigation, prosecution or trial.
3. Member States shall take the necessary measures to ensure that any decision concerning the application of provisions referred to in paragraph 1 is taken following an individual assessment by trained and qualified officials.
4. In the case of children, Member States shall prohibit detention, prosecution and application of any penalties for their involvement in unlawful activities which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2.
5. Member States shall raise awareness and enhance capacities on the implementation of the provisions referred to in paragraph 1 among professionals likely to come into contact with victims, including law enforcement, the judiciary, legal representatives, border management and labour inspectors."

Or. en

Justification

This amendment is necessary to ensure coherence with the amendments made by the co-rapporteurs in article 11 and article 19a.

Amendment 8

Proposal for a directive

Article 1 – paragraph 1 – point 3 b (new)

Directive 2011/36/EU

Article 9 – paragraph 3

Amendment: Present text and Amendment
Present textAmendment
(3b) in Article 9, paragraph 3 is replaced by the following:
3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly.“3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly. Member States shall ensure that professionals likely to come into contact with victims of trafficking, such as law enforcement authorities, health care personnel, social services, general and specialist support services and judicial authorities, receive evidence-based training and targeted information on a level appropriate to their contacts with victims, to enable them to detect, prevent and address trafficking in human beings and avoid revictimisation. Such training shall be developed in consultation with women’s specialist support services and support services specialised in victims of trafficking, and shall be human rights based, child rights based, victim-centered, gender-, disability-, language- and child- sensitive and trauma-informed."

Or. en

Justification

This amendment is needed to ensure coherence with the amendments made in article 11.

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – point 3 c (new)

Directive 2011/36/EU

Article 11 – paragraph 1

Amendment: Present text and Amendment
Present textAmendment
(3c) in Article 11, paragraph 1 is replaced by the following:
1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate period of time after the conclusion of criminal proceedings in order to enable them to exercise the rights set out in Framework Decision 2001/220/JHA, and in this Directive.“1. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and after the conclusion of criminal proceedings for the duration necessary for their physical and psychological recovery on the basis of an individual assessment."

Or. en

Justification

This amendment is needed to ensure coherence with the amendments made in article 11 and 19a proposed by the Commission.

Amendment 10

Proposal for a directive

Article 1 – paragraph 1 – point 3 d (new)

Directive 2011/36/EU

Article 11 – paragraph 3

Amendment: Present text and Amendment
Present textAmendment
(3d) in Article 11, paragraph 3, is replaced by the following:
3. Member States shall take the necessary measures to ensure that assistance and support for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial, without prejudice to Directive 2004/81/EC or similar national rules.“3. Member States shall take the necessary measures to ensure that assistance and support for a victim are not made conditional on the victim’s willingness to cooperate in the criminal investigation, prosecution or trial.”

Or. en

Justification

This amendment is needed to ensure coherence with the amendments made in article 11.

Amendment 11

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2011/36/EU

Article 11 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims.4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the detection, identification of, assistance to, and support for presumed and formally identified victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims.

Or. en

Amendment 12

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive 2011/36/EU

Article 11 – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4a) in Article 11, the following paragraph is inserted:
“4a. Member States shall take the necessary measures to ensure identification and referral of victims of trafficking in human beings during international protection procedures and among applicants for international protection, and ensure that victims of trafficking in human beings can claim international protection or similar forms of protection provided for by national legislation, including where the victim is receiving assistance and support referred to in paragraph 3 of this Article."

Or. en

Justification

This amendment is needed to ensure coherence with the amendments made in article 11.4.

Amendment 13

Proposal for a directive

Article 1 – paragraph 1 – point 4 b (new)

Directive 2011/36/EU

Article 11 – paragraph 7 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4b) in Article 11, the following paragraph is added:
“7a. Member States shall ensure that victims of trafficking who are applicants for or beneficiaries of international protection have access to assistance and support measures laid down under anti-trafficking and asylum regimes."

Or. en

Justification

This amendment is needed to ensure coherence with the amendments made in article 11.4

Amendment 14

Proposal for a directive

Article 1 – paragraph 1 – point 4 c (new)

Directive 2011/36/EU

Article 17 – paragraph 1

Amendment: Present text and Amendment
Present textAmendment
(4c) in Article 17, paragraph 1 is replaced by the following:
Member States shall ensure that victims of trafficking in human beings have access to existing schemes of compensation to victims of violent crimes of intent."1. Member States shall ensure that victims of trafficking in human beings have access to effective schemes of compensation."

Or. en

Justification

This amendment is needed to ensure coherence with the amendment proposed by the European Commission in article 7 and with the amendments proposed by the co-rapporteurs in article 19a.

Amendment 15

Proposal for a directive

Article 1 – paragraph 1 – point 4 d (new)

Directive 2011/36/EU

Article 17 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4d) in Article 17, a new paragraph is added:
“1a. Member States shall establish a national victims fund with the frozen and confiscated proceeds derived from, and instrumentalities used for the commission, or contribution to the commission, of the offences referred to in this Directive to support victims’ assistance and protection, including compensation to victims.”

Or. en

Justification

This amendment is needed to ensure coherence with the amendment proposed by the European Commission in article 7 and with the amendments proposed by the co-rapporteurs in article 19a.

Amendment 16

Proposal for a directive

Article 1 – paragraph 1 – point 4 e (new)

Directive 2011/36/EU

Article 17 – paragraph 1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4e) in Article 17, a new paragraph is added:
"1b. Member States shall take the necessary measures to ensure that compensation awarded to a victim of trafficking in human beings as a result of a decision adopted in criminal or civil proceedings is paid immediately after the adoption of the decision by the Member State concerned to the victim. The Member State concerned shall pursue those liable for that compensation to reimburse the compensation advanced by the State to the victim."

Or. en

Justification

This amendment is needed to ensure coherence with the amendment proposed by the European Commission in article 7 and with the amendments proposed by the co-rapporteurs in article 19a.

Amendment 17

Proposal for a directive

Article 1 – paragraph 1 – point 4 f (new)

Directive 2011/36/EU

Article 18 – paragraph 1

Amendment: Present text and Amendment
Present textAmendment
(4f) in Article 18, paragraph 1 is replaced by the following:
1. Member States shall take appropriate measures, such as education and training, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings."1. Member States shall allocate the necessary resources and take appropriate measures, in particular campaigns and other means targeting potential users and buyers, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings."

Or. en

Justification

The amendment is needed to ensure coherence with articles 11(4) and 18a.

Amendment 18

Proposal for a directive

Article 1 – paragraph 1 – point 4 g (new)

Directive 2011/36/EU

Article 18 – paragraph 3

Amendment: Present text and Amendment
Present textAmendment
(4g) in Article 18, paragraph 3 is replaced by the following:
3. Member States shall promote regular training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings."3. Member States shall allocate the necessary resources in order to conduct regular training for officials likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, aimed at enabling them to identify and deal with victims and potential victims of trafficking in human beings."

Or. en

Justification

The amendment is needed to ensure coherence with article 11(4).

Amendment 19

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2011/36/EU

Article 18a – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beingsOffences concerning the use of services which are the object of exploitation provided by a victim of trafficking in human beings

Or. en

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2011/36/EU

Article 18a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2.1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, provided by a victim of an offence referred to in Article 2.

Or. en

Amendment 21

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenship, and form of exploitation;(a) the number of detected and registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenship, disability, and form of exploitation, indicating whether there are victims who are subjected to more than one form of exploitation;

Or. en

Amendment 22

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point g a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ga) 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;

Or. en

Amendment 23

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point g b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(gb) the number of victims benefitting from assistance and support and the type of assistance and support;

Or. en

Amendment 24

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point g c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(gc) the number of victims receiving protection and compensation;

Or. en

Amendment 25

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point g d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(gd) the number of victims seeking international protection and number of victims who are granted protection;

Or. en

Amendment 26

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point g e (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ge) the number of victims who applied for regularisation and obtained residence status;

Or. en

Amendment 27

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2011/36/EU

Article 19a – paragraph 2 – point g f (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(gf) 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;

Or. en

Amendment 28

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2011/36/EU

Article 23 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The Commission shall, [by five 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 in order to comply with Article 18a and the impact of such measures.3. 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 in order to comply with Article 18a and the impact of such measures.

Or. en

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Cite as

European Parliament (2023). “DRAFT REPORT on the proposal for a directive of the European Parliament and of the Council 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”. Text, 26 May 2023. docId CJ01-PR-749081. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/CJ01-PR-749081 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/CJ01-PR-749081 (CC BY 4.0).
BibTeX 
@misc{epw-text-cj01-pr-749081,
  author = {{European Parliament}},
  title = {{DRAFT REPORT on the proposal for a directive of the European Parliament and of the Council 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}},
  year = {2023},
  date = {2023-05-26},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/CJ01-PR-749081}},
  url = {https://news.eu-parl.st-solutions.dev/texts/CJ01-PR-749081},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId CJ01-PR-749081. Data: EP Open Data API: document record (CC BY 4.0)}
}