EU legislation being adopted against trafficking in human beings and the sexual exploitation of children

1) Legal and political background

• Treaty on the European Union. TitleVI. Provisions on police and judicial cooperation in judicial and criminal matters.

Excerpts:TITLE VI. PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS. Article 29 (ex Article K.1)

Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia. That objective shall be achieved by preventing and combating crime, organised or otherwise, in particular terrorism,trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, through:

• Tampere European Council - 15 and 16 October 1999. Presidency conclusions. A special meeting of the European Council held at Tampere, Finland, in October 1999, was dedicated to the establishment of an Area of Freedom, Security and Justice and elaborated the political guidelines for the next years, including in the field of immigration.Relevant conclusions : 22, 23, 26, 48
  
  

Excerpts

22. The European Council stresses the need for more efficient management of migration flows at all their stages. It calls for the development, in close co-operation with countries of origin and transit, of information campaigns on the actual possibilities for legal immigration, and for the prevention of all forms of trafficking in human beings. A common active policy on visas and false documents should be further developed, including closer co-operation between EU consulates in third countries and, where necessary, the establishment of common EU visa issuing offices.

23. The European Council is determined to tackle at its source illegal immigration, especially by combating those who engage in trafficking in human beings and economic exploitation of migrants. It urges the adoption of legislation foreseeing severe sanctions against this serious crime. The Council is invited to adopt by the end of 2000, on the basis of a proposal by the Commission, legislation to this end. Member States, together with Europol, should direct their efforts to detecting and dismantling the criminal networks involved. The rights of the victims of such activities shall be secured with special emphasis on the problems of women and children.

26. The European Council calls for assistance to countries of origin and transit to be developed in order to promote voluntary return as well as to help the authorities of those countries to strengthen their ability to combat effectively trafficking in human beings and to cope with their readmission obligations towards the Union and the Member States.

48. Without prejudice to the broader areas envisaged in the Treaty of Amsterdam and in the Vienna Action Plan, the European Council considers that, with regard to national criminal law, efforts to agree on common definitions, incriminations and sanctions should be focused in the first instance on a limited number of sectors of particular relevance, such as financial crime (money laundering, corruption, Euro counterfeiting), drugs trafficking, trafficking in human beings , particularly exploitation of women, sexual exploitation of children, high tech crime and environmental crime.

2) EU legislation, main proposals and Community acts

a. Decisions.

• 06/08/2004. - Council Directive 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
  Official Journal L 261 of 06/08/2004 p.0019 - 0023
• 19/07/2002. 32002F0629. 2002/629/JHA. Council Framework Decision of 19 July 2002 on combating trafficking in human beings.
  Official Journal L 203 , 01/08/2002 p. 0001 - 0004
• 04/12/2000. 32001D0087. 2001/87/EC. Council Decision of 8 December 2000 on the signing, on behalf of the European Community, of the United Nations Convention against transnational organised crime and its Protocols on combating trafficking in persons, especially women and children, and the smuggling of migrants by land, air and sea.
  Official Journal L 030 , 01/02/2001 P. 0044 0044
• 09/06/2000. 32000D0375. Council Decision of 29 May 2000 to combat child pornography on the Internet.
  Official Journal L 138 , 09/06/2000 P. 0001 - 0004

b. Other council Acts.

• 12/06/2003. - Council Conclusions of 8 May 2003
  Official Journal C 137 of 12/06/2003 p. 0001
• 29/10/2003. - Council Resolution of 20 October 2003 on initiatives to combat trafficking in human beings, in particular women
  Official Journal C 260 of 29/10/2003 p. 0004

c. Joint Actions.

• 04/03/1997. 31997E0154. 97/154/JHA: Joint Action of 24 February 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning action to combat trafficking in human beings and sexual exploitation of children.
  Official Journal L 063 , 04/03/1997 P. 0002 - 0006

d. Proposals.

• 22/01/2001. COM(2000) 854 final. - CNS 2001/0025. Proposal for a Council Framework Decision on combating the sexual exploitation of children and child pornography.
  Official Journal C 062 E, 27/02/2001 p. 0327 - 0330. Decision follow-up.
• 27/03/2001. COM(2000) 828final. 52000PC0828(03). Proposal for Council Decision establishing a second phase of the programme of incentives, exchanges, training and cooperation for persons responsible for combating trade in human beings and the sexual exploitation of children (STOP II).
  Official Journal C 096 E , 27/03/2001 p. 0342 - 0344

e. Communications.

• 02/05/2006. 52006DC0187. COM(2006) 187 final. Report from the Commission to the Council and the European Parliament based on Article 10 of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings
• 02/05/2006. SEC(2006) 525. Commission staff working document - Annex to the Report from the Commission to the Council and the European Parliament based on Article 10 of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings (PDF File 201 KB)
• 18/10/2005. 52005DC0514. COM(2005) 514 final. Communication from the Commission to the European Parliament and the Council - Fighting trafficking in human beings : an integrated approach and proposals for an action plan
• 21/12/2000. 52000DC0854. COM(2000) 854 final. Communication from the Commission to the Council and the European Parliament - Combating trafficking in human beings and combating the sexual exploitation of children and child pornography
• 09/12/1998. COM(1998) 726 final. Communication from the Commission to the Council and the European Parliament. For further actions in the fight against trafficking in women. (Word File 126 KB)

3) Programmes financed by the Commission

• AGIS(PDF File 118 KB). 15/07/2002. 2001/0262 (CNS). Council Decision establishing a framework programme on police and judicial cooperation in criminal matters (AGIS)
• STOP II. A programme of incentives, training and exchanges for persons responsible in the fight against trafficking in human beings and sexual exploitation of children.
• Report on the Activity of the STOP programme (PDF File 98 KB)
• DAPHNE. Measures to fight against violence towards children, young persons and women

4) Background documents

a. International dimension.

• Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children As adopted by the Ministerial Conference on Migration and Development. (PDF File 59 KB)

b. SCADplus.

On EUROPA in SCADplus (information repository on European union policies, institutional questions, dialogue with the citizens fact sheets and guides, database containing up-to-date documentary references)

• Combating trafficking in human beings, the sexual exploitation of children and child pornography
• Joint action to combat trafficking in human beings and sexual exploitation of children
• New measures to combat trafficking in women. Commission communication of 9 December 1998 to the Council and the European Parliament proposing further action in the fight against trafficking in women.
• Trafficking in women for the purpose of sexual exploitation Commission communication of 20 November 1996 to the Council and the European Parliament on trafficking in women for the purpose of sexual exploitation.

5) International organisations and other links

• ICPC: International Center for the Prevention of Crime
• Human Rights Standards for the Treatment of Trafficked Persons. Interpol exists to help create a safer world. Its aim is to provide a unique range of essential services for the law enforcement community to optimise the international effort to combat crime.
• Trafficking in Human Beings. The smuggling of migrants and the trafficking of human beings for prostitution and slave labour have become two of the fastest growing worldwide problems in recent years. The Global Programme Against Trafficking in Human Beings will enable countries of origin, transit and destination to develop joint strategies and practical action against the trade in human beings.
• International Narcotics Control Board
• The Commission on Narcotic Drugs. The Commission on Narcotic Drugs (CND) was established in 1946 by the Economic and Social Council of the United Nations. It is the central policy-making body within the UN system for dealing with all drug-related matters. The Commission analyses the world drug abuse situation and develops proposals to strengthen international drug control
• Commission decision of 25 March 2003 (2003/209/EC)
• Call for Proposals
• Composition(PDF File 74 KB)
• Background of the Members of the Experts Group
• Opinion on reflection period and residence permit for victims of trafficking in human beings (PDF File 141 KB)

6) Experts Group on Trafficking in Human Beings

a. The experts group.

• Commission decision of 25 March 2003 (2003/209/EC)
• Composition (PDF File 74 KB)
• Background of the Members of the Experts Group

b. Call for proposals.

• Call for Proposals

c. Opinions / Reports.

• Opinion of the Experts Group on Trafficking in Human Beings of the European Commission On the Anti-Trafficking Day, 18th October 2007
  (PDF File 67 KB)
• Opinion of 31 May 2006 in connection with the world Football Cup 2006 in Germany and the related assumption of increased trafficking activities around this event
  (PDF File 25 KB)
• Opinion of 11 October 2005 in connection with the Conference “Tackling Human Trafficking: Policy and Best Practices in Europe” and its related documents
  (PDF File 36 KB)
• Opinion of 23 May 2005 on the Green Paper on an EU approach to managing economic migration (PDF File 71 KB)
• Report of 22 December 2004 of the Experts Group on Trafficking in Human Beings
  - full text (PDF File 2,04 MB)
  
  - part 1 (PDF File 533 KB): table of contents, preamble, executive summary, list of recommendations
  
  - part 2 (PDF File 462 KB): chapter 1, chapter 2, chapter 3
  
  - part 3 (PDF File 536 KB): chapter 4, chapter 5, chapter 6
  
  - part 4 (PDF File 886 KB): explanatory papers
  
  - part 5 (PDF File 296 KB): glossary of abbreviations, annexes
• Opinion of 4 October 2004 on the Tampere II-agenda
  (PDF File 91 KB)
• Opinion of 24 September 2004 on measures in the Council of Europe Convention on Action Against Trafficking in Human Beings to establish a Monitoring Mechanism
  (PDF File 76 KB)
• Opinion of 18 May 2004 on reflection period and residence permit for victims of trafficking in human beings
  (PDF File 142 KB)