EU on preventing and combating trafficking in human beings and protecting its victims - Main contents

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dossier	COM(2022)732 - Amendment of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.
document	COM(2022)732
date	June 13, 2024

Article 1

Amendments to Directive 2011/36/EU

Directive 2011/36/EU is amended as follows:

(1)

Article 2 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs, or the exploitation of surrogacy, of forced marriage, or of illegal adoption.’

;

(b)

paragraph 5 is replaced by the following:

‘5. When the conduct referred to in paragraph 1 involves a child, it shall be a punishable offence of trafficking in human beings even if none of the means set forth in paragraph 1 has been used. This paragraph shall not apply to the exploitation of surrogacy as referred to in paragraph 3, unless the surrogate mother is a child.’

;

(2)

Article 4 is amended as follows:

(a)

in paragraph 2, point (d) is replaced by the following:

‘(d)	was committed by use of serious violence or has caused particularly serious harm to the victim, including physical or psychological harm.’

;

(b)

paragraph 3 is replaced by the following:

‘3. Member States shall take the necessary measures to ensure that, where they relate to an offence referred to in Article 2, the following, in accordance with relevant provisions of the national law, are regarded as aggravating circumstances:

(a)	the fact that the offence was committed by public officials in the performance of their duties;

(b)	the fact that the perpetrator facilitated or committed, by means of information and communication technologies, the dissemination of images or videos or similar material of a sexual nature involving the victim.’

;

(3)

Article 5 is amended as follows:

(a)

in paragraph 1, the introductory wording is replaced by the following:

‘1. Member States shall take the necessary measures to ensure that legal persons can be held liable for the offences referred to in Article 2, Article 3 and Article 18a(1) committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:’

;

(b)

paragraphs 2 and 3 are replaced by the following:

‘2. Member States shall also ensure that a legal person can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of the offences referred to in Article 2, Article 3 and Article 18a(1) for the benefit of that legal person by a person under its authority.

3. Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators of, inciters to, or accessories to the offences referred to in Article 2, Article 3 and Article 18a(1).’

;

(4)

Article 6 is replaced by the following:

‘Article 6

Sanctions on legal persons

1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 5(1) or (2) is punishable by effective, proportionate and dissuasive criminal or non-criminal sanctions or measures.

2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons held liable pursuant to Article 5(1) or (2) for the offences referred to in Article 2, Article 3 and Article 18a(1) shall include criminal or non-criminal fines, and may include other criminal or non-criminal sanctions or measures, such as:

(a)	exclusion from entitlement to public benefits or aid;

(b)	exclusion from access to public funding, including tender procedures, grants, concessions and licences;

(c)	temporary or permanent disqualification from the practice of business activities;

(d)	withdrawal of permits and authorisations to pursue activities that resulted in the relevant offence;

(e)	placing under judicial supervision;

(f)	judicial winding-up;

(g)	closure of establishments used for committing the offence;

(h)	where there is a public interest, publication of all or part of the judicial decision relating to the criminal offence committed and the sanctions or measures imposed, without prejudice to rules on privacy and the protection of personal data.’

;

(5)	Article 7 is deleted;

(6)

Article 8 is replaced by the following:

‘Article 8

Non-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 or other 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.’

;

(7)

Article 9 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. Member States shall ensure that investigation into or prosecution of offences referred to in Article 2, Article 3 and Article 18a(1) is not dependent on reporting or accusation by a victim, and that criminal proceedings may continue even if the victim has withdrawn his or her statement.’

;

(b)

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. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 2 and 3, where those offences are committed or facilitated by means of information or communication technologies, have adequate expertise and technological capabilities. Member States are encouraged to create specialised units within law-enforcement and prosecution services, where appropriate and in accordance with their national legal systems.’

;

(8)

Article 10 is amended as follows:

(a)	in paragraph 1, the introductory wording is replaced by the following: ‘1. Member States shall take the necessary measures to establish their jurisdiction over the offences referred to in Article 2, Article 3 and Article 18a(1) where:’ ;

(b)	in paragraph 2, the introductory wording is replaced by the following: ‘2. A Member State shall inform the Commission where it decides to establish further jurisdiction over the offences referred to in Article 2, Article 3 and Article 18a(1) committed outside its territory, inter alia, where:’ ;

(9)

Article 11 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. Member States shall take the necessary measures to ensure that specialised assistance and support are provided to victims in a victim-centred, gender-, disability- and child-sensitive approach before, during, and for an appropriate period of time after the conclusion of, criminal proceedings, in order to enable them to exercise the rights set out in Directive 2012/29/EU of the European Parliament and of the Council (*1) and in this Directive.

(*1) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).’;"

(b)

paragraphs 4 and 5 are replaced by the following:

‘4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions one or several mechanisms aimed at the early detection and identification of, assistance to and support for identified and presumed victims, in cooperation with relevant support organisations, and to appoint a focal point for the cross-border referral of victims.

The tasks of the referral mechanisms operating in accordance with this paragraph shall include at least the following:

(a)	establishing minimum standards for the detection and early identification of victims, and adapting the procedures for such detection and identification to the various forms of exploitation covered by this Directive;

(b)	referring the victim to the most appropriate support and assistance;

(c)

establishing cooperation arrangements or protocols with the asylum authorities to ensure that assistance, support and protection is provided to victims of trafficking who are also in need of international protection or who wish to apply for such protection, taking into account the victim’s individual circumstances.

5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation, including shelters and other appropriate interim accommodation, and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate.’

;

(c)

the following paragraph is inserted:

‘5a. The shelters and other appropriate interim accommodations referred to in paragraph 5 shall be provided in sufficient numbers and shall be easily accessible to presumed and identified victims of trafficking. The shelters and other appropriate interim accommodations shall assist them in their recovery, by providing adequate and appropriate living conditions with a view to a return to independent living. They shall also be equipped to accommodate the specific needs of children, including of child victims.’

;

(d)

paragraph 6 is replaced by the following:

‘6.   The information referred to in paragraph 5 shall cover, where relevant, information on a reflection and recovery period pursuant to Directive 2004/81/EC, and information on the possibility of granting international protection pursuant to Regulation (EU) 2024/1347 (*2) and Regulation (EU) 2024/1348 of the European Parliament and of the Council (*3), or pursuant to other international instruments or other similar national rules.

(*2)  Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council (OJ L, 2024/1347, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1347/oj)."

(*3)  Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).’ "

(10)

the following article is inserted:

‘Article 11a

Victims of trafficking who may be in need of international protection

1. Member States shall ensure complementarity and coordination between the authorities involved in anti-trafficking activities and the asylum authorities.

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

;

(11)	in Article 12, paragraph 1 is replaced by the following: ‘1. The protection measures referred to in this Article shall apply in addition to the rights set out in Directive 2012/29/EU.’ ;

(12)

in Article 13, the following paragraph is added:

‘3. Member States shall ensure that the procedures for reporting an offence under this Directive are safe, are carried out in a confidential manner in accordance with national law, are designed and accessible in a child-friendly manner and use language in accordance with the age and maturity of child victims.’

;

(13)

in Article 14, paragraphs 1, 2 and 3 are replaced by the following:

‘1. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns with a view to finding a durable solution for the child, including programmes to support their transition to emancipation and adulthood in order to avoid re-trafficking. Within a reasonable time, Member States shall provide access to education for child victims and the children of victims who are given assistance and support in accordance with Article 11, in accordance with their national law.

2. Members States shall appoint a guardian or a representative for a child victim of trafficking in human beings from the moment the child is identified by the authorities where, by national law, the holders of parental responsibility are, as a result of a conflict of interest between them and the child victim, precluded from ensuring the child’s best interest and/or from representing the child. Member States shall ensure that, in case of a conflict of interest between the guardian or the representative and the child victim, a different guardian or representative is appointed.

3. Member States shall take measures, where appropriate and possible, to provide assistance and support to the family of a child victim of trafficking in human beings when the family is in the territory of the Member States. In particular, Member States shall, where appropriate and possible, apply Article 4 of Directive 2012/29/EU to the family.’

;

(14)

Articles 17 and 18 are replaced by the following:

‘Article 17

Compensation to victims

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. Member States may establish a national victims fund or a similar instrument, in accordance with their national legislation, in order to pay compensation to victims.

Article 18

Prevention

1. Member States shall take appropriate measures, taking into account the specificities of the various forms of exploitation, such as education, training and campaigns, where relevant with specific attention to the online dimension, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings.

2. Member States shall take appropriate action, in a gender-sensitive and child-friendly way, including through the internet, such as information and awareness-raising campaigns, research and education programmes, including the promotion of digital literacy and skills, and where appropriate in cooperation with relevant civil society organisations and other stakeholders such as the private sector, aimed at raising awareness and reducing the risk of people, especially children and persons with disabilities, becoming victims of trafficking in human beings.’

;

(15)

the following articles are inserted:

‘Article 18a

Offences concerning the use of services provided by a victim of trafficking in human beings

1. Member States shall take the necessary measures to ensure that, when it is an intentional act, the use of services provided by a victim of an offence referred to in Article 2 constitutes a criminal offence, where the victim is exploited to render such services and the user of the services knows that the person providing the service is a victim of an offence referred to in Article 2.

2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraph 1 is punishable by effective, proportionate and dissuasive penalties.

Article 18b

Training

1. Member States shall promote or offer regular and specialised training for professionals likely to come into contact with victims or potential victims of trafficking in human beings, including front-line police officers, court staff, assistance and support services, labour inspectors, social services and healthcare workers, aimed at enabling them to prevent and combat trafficking in human beings and to avoid secondary victimisation, and to detect, identify, assist, support and protect the victims. Such training shall be human-rights based, victim-centred, and gender-, disability- and child-sensitive.

2. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall encourage both general and specialised training for judges and prosecutors involved in criminal proceedings aimed at enabling them to prevent and combat trafficking in human beings and avoid secondary victimisation, and to detect, identify, assist, support and protect the victims. Such training shall be human-rights based, victim-centred, and gender-, disability- and child-sensitive.’

;

(16)

Article 19 is replaced by the following:

‘Article 19

National anti-trafficking coordinators or equivalent mechanisms and independent bodies

1. Member States shall take the necessary measures to establish national anti-trafficking coordinators or equivalent mechanisms and to provide them with the adequate resources necessary to effectively carry out their functions. The national anti-trafficking coordinator or the equivalent mechanism shall work with relevant national, regional and local bodies and agencies, particularly law-enforcement authorities, with national referral mechanisms, and with relevant civil society organisations active in this field.

2. The tasks of the national anti-trafficking coordinators or equivalent mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting.

The tasks of the national anti-trafficking coordinators or equivalent mechanisms may also include the following:

(a)	setting up contingency response plans in order to prevent the threat of trafficking in human beings in the event of major emergencies;

(b)	promoting, coordinating and, where appropriate, financing programmes against trafficking.

3. Member States may also establish independent bodies whose role may include monitoring the implementation and impact of anti-trafficking actions, submitting reports on matters requiring special attention of the competent national authorities, and carrying out assessments of root causes and trends in trafficking in human beings. Where such an independent body is established, Member States may assign it one or more of the tasks referred to in paragraph 2.’

;

(17)

the following articles are inserted:

‘Article 19a

Data collection and statistics

1. Member States shall ensure that a system is in place for the recording, production and provision of anonymised statistical data to monitor the effectiveness of their systems to combat offences referred to in this Directive.

2. The statistical data referred to in paragraph 1 shall, as a minimum, include data available at the central level on:

(a)	the number of registered identified and presumed victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), citizenship, and form of exploitation, in accordance with national law and practices;

(b)	the number of persons suspected of the offences referred to in Article 2, disaggregated by sex, age groups (child/adult), citizenship, and form of exploitation;

(c)	the number of persons prosecuted for offences referred to in Article 2, disaggregated by sex, age groups (child/adult), citizenship, form of exploitation, and nature of the final decision to prosecute;

(d)	the number of prosecution decisions (i.e. charges for offences referred to in Article 2, charges for other criminal offences, decisions not to charge, other);

(e)	the number of persons convicted for offences referred to in Article 2, disaggregated by sex, age groups (child/adult), and citizenship;

(f)	the number of court judgments (i.e. acquittal, convictions, other) for the offences referred to in Article 2;

(g)	the number of persons suspected, persons prosecuted, and persons convicted, for offences referred to in Article 18a(1), disaggregated by sex and age groups (child/adult).

3. Member States shall transmit annually to the Commission, in principle by 30 September and, where this is not possible, at the latest by 31 December each year, the statistical data referred to in paragraph 2 for the previous year.

Article 19b

National Anti-Trafficking Action Plan

1. Member States shall adopt by 15 July 2028 their National Anti-Trafficking Action Plans, developed and implemented in consultation with the national anti-trafficking coordinators or equivalent mechanisms referred to in Article 19, with the independent bodies and with relevant stakeholders active in the field of preventing and combating trafficking in human beings. Member States shall ensure that the National Anti-Trafficking Action Plans are reviewed and updated at regular intervals of no more than 5 years.

2. National Anti-Trafficking Action Plans may include the following elements:

(a)	objectives, priorities and measures to address trafficking in human beings for all forms of exploitation, including specific measures for child victims;

(b)	preventive measures, such as education, awareness-raising campaigns and training, and preventive measures as part of the emergency response to the risks of trafficking in human beings caused by humanitarian crises, where relevant;

(c)	measures to strengthen the fight against trafficking in human beings, including to improve the investigation and prosecution of cases of trafficking in human beings, and to improve cross-border cooperation;

(d)	measures to strengthen the early identification and assistance to, support for, and protection of the victims of trafficking in human beings;

(e)	procedures for regular monitoring and evaluation of the implementation of the National Anti-Trafficking Action Plans.

3. Member States shall communicate their National Anti-Trafficking Action Plans, and any updates to them, to the Commission within 3 months from their adoption.

4. The National Anti-Trafficking Action Plans shall be publicly available.’

;

(18)

Article 20 is replaced by the following:

‘Article 20

Coordination of the Union strategy against trafficking in human beings

1. In order to contribute to a coordinated and consolidated Union strategy against trafficking in human beings, Member States shall facilitate the tasks of an EU anti-trafficking coordinator (EU ATC). In particular, Member States shall transmit to the EU ATC at least the information referred to in Article 19.

2. In order to ensure a coherent and comprehensive approach, the EU ATC shall ensure coordination with national anti-trafficking coordinators or equivalent mechanisms, independent bodies, Union agencies, and with relevant civil society organisations active in the field, including for the purposes of the contribution from the EU ATC to the reporting carried out by the Commission every 2 years on the progress made in the fight against trafficking in human beings’

;

(19)

in Article 23, the following paragraph is added:

‘3. The Commission shall, by 15 July 2030, submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive, and assessing the impact of such measures.’.

Article 2

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 July 2026. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.