WRITTEN QUESTION P-2693/96 by Clive Needle (PSE) to the Council (10 October 1996)

Subject: Council implementation of measures to protect children

Following the affirmation of concern by governments in Stockholm at the World Congress against Commercial Exploitation of Children and the European Parliament's resolution B4-1000/96 calling for the protection of children against violence, what kind of immediate action is the Council proposing to take in order to implement the above-mentioned recommendations?

Can the Council also identify the structured remit and resources available to Europol to act at a European level to protect children?

Answer (4 July 1997)

On 29 November 1996 the Council has adopted a Joint Action establishing an incentive and exchange programme for persons responsible for combating trade in human beings and sexual exploitation of children ((OJ L 322, 12.12.1996, pp. 7-10. )). The aim of this Joint Action and the exchange programme "STOP¨ that it establishes is to create a framework for training, information, study and exchange actions for people responsible for combating trade in human beings and the sexual exploitation of children. The programme covers the years 1996-2000 and shall have at its disposal ECU 6.5 million, to be used for projects involving more than one Member State. The annual appropriations are to be authorized by the budget authority. The Commission shall be responsible for implementing the measures provided for in the Joint Action, and it shall report annually to the European Parliament and the Council.

Also on 29 November 1996 the Council has adopted a Joint Action concerning the creation and maintenance of a directory of specialized competences, skills and expertise in the fight against international organized crime, in order to facilitate law enforcement cooperation between the Member States of the European Union ((OJ L 342, 31.12.1996, pp. 2 and 3. )). The Europol Drugs Unit (EDU) shall establish, maintain and disseminate the directory, which as a first step shall cover the areas of illicit drug trafficking and trafficking in human beings.

On 16 December, the Council adopted a Joint Action extending the mandate given to the Europol Drugs Unit ((OJ L 342, 31.12.1996, p. 4. )). The extension adds "traffic in human beings¨, as defined in the Europol Convention, to the areas of criminality in which the EDU has competence to aid effective action by the police and other law enforcement agencies within and between Member States. The definition, set out in the Annex to the Convention, covers the subjection of a person to the real and illegal sway of other persons by using violence or menaces or by abuse of authority or intrigue with a view to the exploitation of prostitution, forms of sexual exploitation and assault of minors or trade in abandoned children.

On 24 February 1997 the Council has adopted a Joint Action concerning action to combat trafficking in human beings and sexual exploitation of children (OJ L 63, 4.3.1997, pp. 2-6]. The aim of the Joint Action is i.a. to criminalize a wide range of behaviour defined as "trafficking¨ and "sexual exploitation¨ concerning adults as well as children, including the possession of pornographic materials. As a rule this criminalization will have extraterritorial effects, eg. as regards the so called sex tourism. Another aim is to ensure exchange of information, mutual assistance and other cooperation as efficiently as possible between the relevant responsible authorities at the national level as well as between the Member States. The Council is to assess the fulfilment by Member States of their obligations under the Joint Action by the end of 1999, in tune with the conclusions of the Stockholm Conference.

The EDU's budget for 1997 is 12% higher than in 1996, enabling it to take on a range of new work. The EDU's budget for 1998 has been increased with 20% to ECU 6.722.000.

The EDU has been studying this matter in conjunction with a number of Member States and the Commission. The Drugs and Organised Crime and Europol working groups are currently discussing this matter further and the Netherland's Presidency organised a conference on the related topic of trafficking in women on 24-26 April 1997.