New directive to strengthen the fight against human trafficking

On 24 June 2024, Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims was published in the Official Journal of the EU. It entered into force on 14 July 2024. Member States are responsible for transposing the new rules into their national law by 15 July 2026.

The new Directive broadens the scope of Directive 2011/36. It now explicitly includes forced marriage, illegal adoption and surrogacy as legally recognised forms of exploitation that should be criminalised. In addition to the existing forms of exploitation, the new forms will carry a maximum penalty of at least five years’ imprisonment, or up to 10 years in cases of aggravated offences. A new aggravating circumstance has been introduced to address the use of information and communication technologies (ICT) in facilitating trafficking in human beings, in particular the distribution of sexual images or videos featuring victims.

In addition, the Directive will strengthen penalties for legal entities, such as companies, involved in human trafficking. Penalties may include the exclusion of the relevant entity from public funding opportunities, such as tender procedures, subsidies, concessions, as well as the withdrawal of permits or licences related to the offence.

Furthermore, the Directive strengthens the provision of support to victims. Member States are obliged to provide shelter and safe accommodation tailored to the specific needs of victims of trafficking and to ensure that such accommodation does not discriminate on the basis of nationality or residence status. It is essential that victims have access to assistance, including education and employment opportunities, to facilitate their reintegration.

The proposal to update EU legislation on preventing and combating trafficking in human beings was presented by the Commission in December 2022 (→ eucrim 4/2022, 249). The reform of the 2011 Anti-Trafficking Directive was one of the key priorities for the Commission, as set out in the EU Anti-Trafficking Strategy for 2021-2025 (→ eucrim 2/2021, 92).