Negotiators of the European Parliament, the Council and the Commission reached on 24 November a political consensus on the text of the Directive on preventing and combating trafficking in human beings and protection of victims. This legal provision constitutes the first agreement between the Council and the European Parliament on an equal footing in the area of substantive criminal law after the entry into force of the Lisbon Treaty.

The text of the new rules proposed by the Commission to step up the fight against trafficking in human beings has now to be confirmed by the European Parliament. This text, which has been agreed at member state level was previously negotiated with the Chamber, so if it is confirmed as it now stands at the December plenary session, the Council will certainly give green light to the text, resulting in a first reading agreement. Member states will then have to comply with the new rules within two years.

The new Directive will replace Framework Decision 2002/629/JHA and will apply to all member states but Denmark and the United Kingdom. The latter might still use an opt-in to participate in the new rules at a later stage.

The agreed text widens the definition of the offences which are to be considered trafficking in human beings compared to existing international rules. Instigating, aiding, abetting or the sheer attempt to commit such an offence will also be punishable. The new rules also set EU wide maximum penalties of at least five years of imprisonment or, in particular aggravating circumstances, ten years of imprisonment.

Protection of the victims of human trafficking offences

Member states will ensure that assistance and support are provided to victims before, during and for an appropriate time after criminal proceedings in order to enable them to exercise their rights on the standing of victims in criminal proceedings. Protection measures include access to legal without delay to legal counselling and legal representation as well as possible access to witness protection programmes.

Additional provisions are set out for child victims, such as physical and psycho-social assistance and the possibility to appoint a guardian or a representative for the child victim where necessary. Child victims should benefit from a number of additional measures including setting conditions for the interviews of the child during the proceedings.

Jurisdiction and prosecution of human trafficking

Each member states will have to investigate and prosecute offences committed in whole or in part within its territory or committed by one of its national, even outside of its territory. Member states can chose to go beyond that basic rule by establishing further jurisdiction over an offence committed outside of its territory. The text also includes a provision which will allow national authorities not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities they have been compelled to commit.