Non-prosecution or non-application of penalties to the victim

Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal or other unlawful activities which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2.’

Article 9 is amended as follows:

paragraph 1 is replaced by the following:

‘1. Member States shall ensure that investigation into or prosecution of offences referred to in Article 2, Article 3 and Article 18a(1) is not dependent on reporting or accusation by a victim, and that criminal proceedings may continue even if the victim has withdrawn his or her statement.’

paragraph 3 is replaced by the following:

‘3. Member States shall take the necessary measures to ensure that persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 2 and 3 are trained accordingly. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 2 and 3, where those offences are committed or facilitated by means of information or communication technologies, have adequate expertise and technological capabilities. Member States are encouraged to create specialised units within law-enforcement and prosecution services, where appropriate and in accordance with their national legal systems.’

Article 10 is amended as follows:

in paragraph 1, the introductory wording is replaced by the following:

‘1. Member States shall take the necessary measures to establish their jurisdiction over the offences referred to in Article 2, Article 3 and Article 18a(1) where:’

in paragraph 2, the introductory wording is replaced by the following:

‘2. A Member State shall inform the Commission where it decides to establish further jurisdiction over the offences referred to in Article 2, Article 3 and Article 18a(1) committed outside its territory, inter alia, where:’

Article 11 is amended as follows:

paragraph 1 is replaced by the following:

‘1. Member States shall take the necessary measures to ensure that specialised assistance and support are provided to victims in a victim-centred, gender-, disability- and child-sensitive approach before, during, and for an appropriate period of time after the conclusion of, criminal proceedings, in order to enable them to exercise the rights set out in Directive 2012/29/EU of the European Parliament and of the Council ( *1 ) and in this Directive.

( *1 ) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA ( OJ L 315, 14.11.2012, p. 57 ).’;"

paragraphs 4 and 5 are replaced by the following:

‘4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions one or several mechanisms aimed at the early detection and identification of, assistance to and support for identified and presumed victims, in cooperation with relevant support organisations, and to appoint a focal point for the cross-border referral of victims.

The tasks of the referral mechanisms operating in accordance with this paragraph shall include at least the following:

establishing minimum standards for the detection and early identification of victims, and adapting the procedures for such detection and identification to the various forms of exploitation covered by this Directive;

referring the victim to the most appropriate support and assistance;

establishing cooperation arrangements or protocols with the asylum authorities to ensure that assistance, support and protection is provided to victims of trafficking who are also in need of international protection or who wish to apply for such protection, taking into account the victim’s individual circumstances.

5. The assistance and support measures referred to in paragraphs 1 and 2 shall be provided on a consensual and informed basis, and shall include at least standards of living capable of ensuring victims’ subsistence through measures such as the provision of appropriate and safe accommodation, including shelters and other appropriate interim accommodation, and material assistance, as well as necessary medical treatment including psychological assistance, counselling and information, and translation and interpretation services where appropriate.’

the following paragraph is inserted:

‘5a. The shelters and other appropriate interim accommodations referred to in paragraph 5 shall be provided in sufficient numbers and shall be easily accessible to presumed and identified victims of trafficking. The shelters and other appropriate interim accommodations shall assist them in their recovery, by providing adequate and appropriate living conditions with a view to a return to independent living. They shall also be equipped to accommodate the specific needs of children, including of child victims.’

paragraph 6 is replaced by the following:

‘6. The information referred to in paragraph 5 shall cover, where relevant, information on a reflection and recovery period pursuant to Directive 2004/81/EC, and information on the possibility of granting international protection pursuant to Regulation (EU) 2024/1347 ( *2 ) and Regulation (EU) 2024/1348 of the European Parliament and of the Council ( *3 ) , or pursuant to other international instruments or other similar national rules.

( *2 ) Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council ( OJ L, 2024/1347, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1347/oj )."

( *3 ) Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU ( OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj ).’ "

the following article is inserted:

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