Migration Law Last update : 13.06.2014
COM (2010) 493 final
Report on the application of Directive 2004/81 on the residence permit issued to third-country nationals who are victims of trafficking in human beings, 13 pages
Report from the Commission to the European Parliament and the Council on the application of Directive 2004/81 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
The EU directive 2004/81/EC from 2004 makes it possible for Member States to issue residence permits linked to the length of national proceedings in exchange for cooperation of victims with investigation authorities. The Commission report shows that in a majority of EU Member States, only a small number of residence permits are issued to victims of trafficking.
It notes that while the number of identified victims in some Member States ranges from several hundred to even two thousand per year, the number of residence permits based on the Directive is rarely higher than twenty per year. Although a proportion of victims would not qualify under this Directive (e.g. because they are not third-country nationals), the difference between identified victims and those who made use of the specific residence permits is significant. The report indicates that the potential of the Directive in dismantling networks of traffickers while protecting the rights of victims is not being put to full use.
Council Directive 2004/81
Council Directive 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
29/04/2004, 5 pages
The Council Directive 2004/81 introduces a residence permit for victims who cooperate with the police, prosecution service and other competent authorities. This means that every victim of human trafficking, who is not an EU national and is staying illegally, should be offered a so-called reflection period during which the victim can make a decision on whether to cooperate with the authorities. During this period the victim is granted access to medical care and treatment. Victims who decide to cooperate with the competent authorities can obtain a residence permit for a certain length of time, which entitles them to receive at least the same treatment as during the reflection period, as well as access to labour market, vocational training and education according to national legislation.
The corrigendum concerns the BG, CS, DE, ET, HU, LT, NL, PL, SK and SL versions of Directive 2004/81. It concerns specifically the art. 3(b) and (c)
For the purposes of this Directive:
(b) «action to facilitate illegal immigration» covers cases such as those referred to in Articles 1 and 2 of Directive 2002/90/EC;
(c) «trafficking in human beings» covers cases such as those referred to in Articles 1, 2 and 3 of Framework Decision 2002/629/JHA;
The words 'such as' of the EN versions were not mirrored by other versions, which were less open and contained a more punctual reference to Dir 2002/90/EC and FD 2002/629/JHA. The Legal service of the Council has aligned all versions to the EN one.
Council Directive 2002/90/EC
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence
The Directive 2002/90/EC defines assisting irregular migration.
The Directive requires that Member States apply appropriate penalties against those who attempt, instigate or commit the infringement of assisting irregular migration procedures. The Directive 2002/90/EC punishes assisting irregular migration for financial gain no matter whether a criminal organization is involved or not.
Council Framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
This framework decision establishes a common action for European Union countries to prevent violations relating to the facilitation of illegal immigration, illegal employment, trafficking in human beings and the sexual exploitation of children.
The framework decision provides minimum rules for penalties, liability of legal persons and jurisdiction.
Com (2010) 379 final
Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment
The structural need for low-skilled and low-qualified workers is likely to continue expanding and there is a more permanent need for unskilled labour within the EU. Further, there is significant evidence that certain third-country seasonal workers face exploitation and sub-standard working conditions which may threaten their health and safety.
For this reason the Commission has been asked by the Hague Programme of November 2004 to present a policy plan on legal migration ‘including admission procedures, capable of responding promptly to fluctuating demands for migrant labour in the labour market’. The aim of this Directive will be to set up swift and flexible admission procedures and to guarantee a legal status for seasonal workers to protect them against exploitation.
Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals
This Directive establishes that cooperation among Member States should be strengthened to tackle illegal immigration. In particular measures against illegal employment should be intensified at Member State and EU level.
Member States should guarantee the full effectiveness of the general prohibition by providing criminal penalties in their national legislation in serious cases, such as the illegal employment of a significant number of third-country nationals, particularly exploitative working conditions, the employer knowing that the worker is a victim of trafficking in human beings and the illegal employment of a minor.
The Directive stresses also that Member States should be free to grant residence permits of limited duration, to third-country nationals who have been subjected to particularly exploitative working conditions or who were illegally employed minors and who cooperate in criminal proceedings against the employer.
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