Brussels, 18/03/2011 (Agence Europe) - The EU is expected to take on new rules against people trafficking on Monday 21 March when foreign affairs ministers are due to formally adopt a directive replacing current framework decision 2002/629. This will be the first agreement between the Council and the European Parliament (EP) under the co-decision instituted by the Lisbon Treaty. The text provides, inter alia, for increasing the minimum penalty from five years minimum to 10 years where there are aggravating circumstances. These include offences against the most vulnerable, such as children.
The text also contains a provision which will allow national authorities not to prosecute victims of trafficking or impose any penalty on them, if they have been forced to take part in criminal activity. The proposal covers more forms of human trafficking, a source said on Thursday 17 March, and also places a requirement on member states to aid victims and provide them with legal assistance.
The text states that each member state must conduct investigations or begin proceedings against offences committed within its borders or committed by one of its nationals, even outside the country. Member states may chose to go further than the rule by extending their area of responsibility with regard to offences committed outside their borders, for example, when the offence is committed against one of their nationals or against a person normally resident in the country. They will also be able to go beyond the basic rule when the perpetrator of the offence normally resides within their borders. The United Kingdom and Denmark will not take part in the system. (S.P./transl.rt)