EN Official Journal of the European Union CE 84/10

(2004/C 84 E/0010)

WRITTEN QUESTION E-1728/03

by Adriana Poli Bortone (UEN) to the Commission

(23 May 2003)

Subject: Fight against the abuse of human beings and the sexual abuse of children

A major operation recently conducted in Italy by the carabinieri and the judiciary has uncovered a disturbing trafficking-ring set up by a group of Ukrainians and dealing in prostitutes and children, some of whom were even to be used for paedophilia and in organ transplants, while a leading lawyer in Lecce has alleged the existence of sex tourism activities.

Can the Commission provide any information on the initiatives provided for under Joint Action 97/154/JAI concerning trafficking in human beings and the sexual exploitation of children?

What data can it furnish on the results of the programmes Daphne 2000-2003 and STOP (1996-2000)?

Does it not consider that focussing solely on Objective 5 of the AGIS 2003 programme for developing multidisciplinary strategies in the areas referred to above, for which a meagre EUR 800 000 has been allocated, in fact constitutes a ‘lowering of guard’ in the face of phenomena such as paedophilia and trafficking in human beings for the purpose of sexual exploitation or organ transplants, when such phenomena are actually on the increase, not least as a result of the complete absence of any regulation of the Internet?

Will it reinject greater vigour and discipline into its commitment to combat the abuse of human beings and the sexual abuse of children, and promote a close investigation in all the countries with which the EU has relations of one form or another, perhaps with a view to imposing penalties on them or even suspending the accession processes in which they are involved?

Answer given by Mr Vitorino on behalf of the Commission

(23 June 2003)

On the basis of the Maastricht Treaty the Council adopted in February 1997 a Joint Action concerning action to combat trafficking in human beings and sexual exploitation of children (97/154/JHA). Through the Joint Action the Member States undertook to review their existing laws with a view to providing that trafficking in human beings and the sexual exploitation of children were criminal offences.

While some progress has been noted in the Member States' policies and legislation, the then legal framework made it difficult to develop an efficient judicial and law enforcement co-operation in this area. This is why the Commission in its Communication of 21 December 2000 to the Council and the Parliament on combating trafficking in human beings and sexual exploitation of children and child pornography identified a need for further legislative action. On the basis of proposals of the Commission (1), the Council, on 19 July 2002, adopted the Framework Decision on combating trafficking in human beings and, on 15 October 2002, reached political agreement on the Framework Decision on combating the sexual exploitation of children and child pornography. This act shall be adopted once parliamentary reservations of some Member States will have been lifted.

Member States have to take the necessary measures to comply with the Framework Decision on combating trafficking in human beings before 1 August 2004. The Council will, by 1 August 2005 at the latest, assess the extent to which Member States have taken these measures. In this context, the Commission will have to transmit previously a written report to the Council based on information provided by Member States. A similar procedure is foreseen with regard to the implementation of the Framework Decision on combating the sexual exploitation of children and child pornography.

Both framework decisions become part of the Union acquis and have to be implemented by Candidate Countries as well. Furthermore, the Brussels Declaration forms the Commission's agenda for combating trafficking in human beings in the near future. The setting up of an experts group on trafficking in human beings by the Commission (2) and regular workshops on trafficking in human beings and sexual exploitation in the framework of the Union Forum for the Prevention of Organised Crime underline the Commission's commitment to continuously combat these forms of crime.

Daphne Programme

The objectives of the Daphne programme (2000-2003) are to combat all forms of violence against children, young people and women. Trafficking in human beings, whether for the purpose of sexual exploitation or any other exploitation by forced labour, is part of the scope of the programme and has been the subject of several funded projects so far. These projects have been implemented in many European countries and a number of them included also partners from Central and Eastern European countries, from which the victims are originating. The report from the Commission on the Daphne programme (3) contains an in-depth analysis of the programme at mid-term. By the end of 2003, the Commission will have carried out a comprehensive impact analysis of the entire programme.

STOP Programme and AGIS Programme

On 29 November 1996, the Council adopted an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children (STOP) to support measures such as training, exchange programmes, organisation of multidisciplinary meetings and seminars, studies and research as well as dissemination of information. A second phase of the programme was established for the period from 2001 to 2002 paying particular attention to the involvement of the applicant countries.

Tables containing more detailed information concerning the STOP and STOP II programmes are sent direct to the Honourable Member and the Parliament's Secretariat.

On 22 July 2002, the Council adopted the AGIS framework programme on police and judicial cooperation in criminal matters. AGIS is also foreseen, among other issues, for the financial support of projects aimed at combating trafficking in human beings and the sexual exploitation of children. Such projects, however, might appear under different objectives of the annual programmes (training of police and magistrates, preventive actions towards third countries, studies and systems for the exchange of information and collection of statistics in this particular area). Therefore, the financial support for such projects in 2003 is not strictly limited to EUR 800 000. The exact amount will be determined taking into account the nature and quality of all applications received.

(1) OJ C 62 E, 27.2.2001.

(2) OJ L 79, 26.3.2003.

(3) COM(2002) 169.