The acquis

Council Framework Decision of 19 July 2002 on combating trafficking in human beings (2002/629/JHA).

Council Directive 2004/81/EC of 24 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.

EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings, adopted by the Council (2005/C

311/01)

Report of the Experts Group on trafficking in human beings, 22 December 2004. The Report adopts a human rights centred approach to the prevention and fight against trafficking in human beings and contains indications for the

development of effective action in all the areas of anti-trafficking policy.

Financial programmes

• Prevention of and Fight against Crime

period 2007 – 2013

• Daphne III Programme

18 October – EU Anti Trafficking Day

2007 - the first EU Anti-Trafficking Day is established.

TIME FOR ACTION

• Recommendations of the Commission (JLS) on the identification and referral to services of victims of trafficking in human beings and

• an assessment manual on Measuring Responses to Trafficking in Human beings.

• Commission Decision of 17 October 2007 setting up the Group of Experts on Trafficking in Human Beings was adopted bringing to the

institutional framework the success of the previous Expert Group.

• Proposal from the Commission for a Council Framework Decision on preventing and combating trafficking in human beings and protecting victims, repealing Framework Decision 2002/629/JHABrussels, 25. 3. 2009, COM(2009) 136 final

State of Play

• 26 March 2009 - the Proposal is transmitted to the Council.

• Negotiations on the proposal is ongoing quite intensively within the Council. Then the proposal will go to the Parliament

• Expecting that, during the Swedish Presidency it will be adopted by the Council – possibly during its next session at the Council (November 2009).

Proposal from the Commission for a Council Framework Decision on preventing and combating trafficking in human beings and protecting victims, repealing Framework Decision 2002/629/JHABrussels, 25. 3. 2009, COM(2009) 136 final

Principles governing the Framework Decision

• Human rights approach

• Increase the level of protection and assistance to victims with a special attention to child victims

Proposal from the Commission for a Council Framework Decision on preventing and combating trafficking in human beings and protecting victims, repealing Framework Decision 2002/629/JHABrussels, 25. 3. 2009, COM(2009) 136 final

The New Elements introduced by the Framework Decision

• Substantive criminal law provisions

• Jurisdiction and prosecution

• Victims rights in criminal proceedings

• Victim support

• Prevention

• Monitoring

Proposal from the Commission for a Council Framework Decision on preventing and combating trafficking in human beings and protecting victims, repealing Framework Decision 2002/629/JHABrussels, 25. 3. 2009, COM(2009) 136 final

Compared to the Council of Europe Convention on Action Against Trafficking in Human Beings (CET 197) the new Framework

Decision will have the following added value

• Approximation of penalties• Better formulation of the non punishment clause

• Broader and more binding extraterritorial jurisdiction rules• Better standards of victim assistance

• Binding and more detailed regulation of training for law enforcement • Obligation to make available investigate tools designed for

organised crime cases • Obligation to establish National Rapporteurs

• More binding nature of the EU acquis

Proposal from the Commission for a Council Framework Decision on preventing and combating trafficking in human beings and protecting victims, repealing Framework Decision 2002/629/JHABrussels, 25. 3. 2009, COM(2009) 136 final

Negative aspects

• Penalties• Legal assistance

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The way ahead … in search of the fourth pillar

The 3rd Anti-Trafficking Day, 18 October 2009