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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

Document number
1041
Date
2006
Title
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
Author/publisher
European Commission, European Union
Availability
View/save PDF version of this document
Document type(s)
Research/Study/Analysis,
Keywords
(SEC(2006) 525), COM(2006) 187 final, European Union, Justice and Home Affairs, Commission of the European Communities, Brussels, 02.05.2006, COM(2006) 187 final
Summary
Under Article 10 (2) of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings the Commission has to provide a written report on the measures taken by the Member States to comply with the Framework Decision, which are obliged under Paragraph (1) of that Article to take the necessary measures to comply with the provisions of the Framework Decision by 1 August 2004. According to paragraph (2), Member States should forward to the General Secretariat of the Council and to the Commission by the same day the text of the provisions transposing into their national law the obligations arising from the Framework Decision. On the basis of this information, and a written report by the Commission, the Council should, by the 1 August 2005, have assessed the extent to which Member States have taken the necessary measures to comply with the Framework Decision. It should be noted that not all Member States have transmitted to the Commission all relevant texts of their implementing provisions in a timely fashion. The assessments and conclusions of the Report are therefore sometimes based on incomplete information. On the basis of the information provided, the requirements set out in the Council Framework Decision appear to have been largely met by Member States – either as a result of pre-existing domestic laws, or through the implementation of new and specific legislation. Where it appears that the Council Framework Decision has not been given effect in national provisions, the Commission invites the relevant Member States to correct this situation as soon as possible through the introduction of implementing legislation. Nonetheless, as a result of the Council Framework Decision Member States generally now dispose of specific criminal law provisions incriminating trafficking in human beings for the purpose of sexual and labour exploitation, and providing for effective proportionate and dissuasive penalties. Moreover particularly severe penalties are foreseen for offences committed in aggravating circumstances. On the other hand, the levels of penalties in the Member States vary considerably and the Commission may have to examine the possibility of further harmonisation in that regard. In general, there was no need for Member States to amend their domestic legislation in order to comply with Article 6 of the Council Framework Decision, as pre-existing measures were already in place. Generally speaking, Member States comply with Article 7(1) of the Framework Decision; however protection and assistance regimes may be subject to further examination as the Commission received only limited information concerning the implementation of Article 7(2) and (3). As regards particularly vulnerable victims, the Commission again only received limited information, and thus cannot provide an exhaustive evaluation in this respect. In accordance with the Action Plan adopted by the Council on 1-2 December 2005, the Commission will further develop legislation in respect of vulnerable victims involved in criminal proceedings. In order to do so, the Commission will need further specific information on relevant Member State legislation. Furthermore the Commission may have to gather information reflecting the views of victim support authorities or organizations in order to fully, and as objectively as possible, asses the impact of the Framework Decision on the practice of victim support and assistance. Finally, it should be noted that once a report has been submitted on the Council Framework Decision on combating sexual exploitation and child pornography of 22 December 2003, for which the implementation deadline was 20 January 2006, the Commission will be able to present a fuller picture on the implementation of human trafficking relevant legislation in the Member States. This picture will be further completed by the report on the application of Council Framework Decision 2002/946/JAI on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and evidence, of Directive 2004/81/EC 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, that the Commission is due to present by 6 August 2008 (Article 16 of the Directive).
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