ANNEX
General
Over a period of more than ten years, trafficking
in human beings (THB) has been an important issue on the EU’s agenda,
particularly in the field of JHA. THB has attracted strong political attention,
and a series of policy documents, including the 2005 Plan of Action, EU-financed
projects and legal instruments have been agreed upon. The adoption of the
Framework Decision on combating trafficking in human beings
on 19 July 2002 and the Directive of 29 April 2004 on temporary residence
permits for third-country nationals who are victims of trafficking
can be said to be milestones in EU cooperation on fighting THB.
Currently, THB is undergoing new
developments. At strategic level, the planned multiannual Stockholm Programme for
action in the field of JHA will provide a framework within which further
important action against THB can take place, horizontally and specifically. In
its report of October 2008 on the 2005 EU Plan of Action on THB,
the Commission also suggested concentrating efforts on a few key actions in the
short term and setting up a new strategy on the basis of the results achieved
by the end of 2009. Furthermore, work under way includes an evaluation of
Schengen cooperation, specifically with regard to its operation against THB.
The Council conclusions setting priorities for the fight against organised
crime on the basis of the Organised Crime Threat Assessment (OCTA) and the Russian
Organised Crime Threat Assessment (ROCTA) also includes THB as a priority area.
At the Council meeting on 30 November
– 1 December there are three points on THB on the agenda; i.e. the
revised Framework Decision aiming at inter alia strengthening the criminal law
response of the EU on THB, the Action-Oriented Paper (AOP) aiming at
strengthening the EU’s external dimension on THB and the 2009 October
Declaration on THB reflecting the outcome of the EU Ministerial Conference
Towards Global EU Action against THB held in Brussels on 19-20 October 2009.
Seen in conjunction, these points
illustrates that there is at present a momentum in the EU cooperation against
THB. The Presidency therefore takes the opportunity to invite members of the
JHA Council to debate THB, a debate that is also foreseen in point 1.2. of the
2005 EU Plan of Action referred to above.
The Action Oriented Paper
The achievements in EU cooperation against
THB build on an analysis of a THB-chain ranging from countries of origin to
countries of transit and destination. This THB-chain obviously stretches beyond
the borders of the EU and, in this way, the external dimension has been present
in the discourse over the years, albeit not exclusively and specifically
addressed. THB is in other words a global phenomenon
that we need to combat jointly by all means. The Presidency has
therefore given priority to improving the EU co-operation with countries
outside the Union as one important aspect. To this
end, the JHA Council has a thematic AOP on THB on the agenda. The AOP consist
of three building blocks:
1. To strengthen
partnerships with third countries, regions and international organisations.
2. To strengthen and
improve the co-ordination of the external dimension on THB.
3. To deliver on the
three P’s; prevention, protection and prosecution in the EU external dimension.
The 2009 Declaration on THB
The Presidency organised a Ministerial
Conference in Brussels on 19-20 October 2009 on the occasion of the third Anti
Trafficking Day. It gathered nearly 600 participants over the two days. Both
Queen Paola of Belgium and Queen Silvia of Sweden honoured the Conference with
their presence. The focus was on all aspects of the external dimension of
trafficking (incl. MS, EU institutions, strategic partners, ENP countries,
Western Balkans countries, countries from Africa, Latin America and South East
Asia, international organisations, and civil society). The overarching
objective of the Conference was to provide an opportunity to address the
increasingly important challenge for the EU to strengthen its capacity to act
in partnership with third countries, regions and international organisations to
tackle the common problem of THB.
Questions
1. Do
Member States and the Commission agree that strengthening partnerships on THB
with third countries, regions and international organisations should be a
priority theme in the EU external dimension? If so, should it be considered to
develop a basic joint EU position to be used in the global plethora of fora
where THB is discussed? Furthermore, are specific arrangements such as
dedicated Anti Trafficking Partnerships with particularly important partners a
way forward (as foreseen by the AOP)?
2. Do
Member States and the Commission agree that enhancing the EU Global response against
THB require the strengthening and improvement of EU internal coordination? If
so, which institutional steps will be necessary, including the establishment of
a specific coordination mechanism (AOP)?
3. Do
Member States and the Commission agree that THB is of nature and complexity
that require action in a wide range of policy areas in addition to JHA? If so,
how could the EU broaden the scope towards an enhanced attention in EU policy
areas other than JHA?
4. Do
Member States and the Commission agree that the JHA Council should hold a
political debate on THB regularly (as envisaged also by the 2005 Plan of
Action)? If so, could such a debate be held at the October Council, thereby
connecting to the Anti Trafficking Day and contributing to communicate
important EU JHA policy to the general public? Should such a debate include an
assessment/update on progress and/or setting of priorities (cf. the OCTA
bi-annual working cycle)?
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