2003/209/EC: Commission Decision of 25 March 2003 setting up a consultative group, to be known as the "Experts Group on Trafficking in Human Beings"
Date: 2003-03-25
Institutions: European Commission
Subjects: fight against crime, self-employed person, trafficking in human beings

26.3.2003

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Official Journal of the European Union

L 79/25

COMMISSION

COMMISSION DECISION

of 25 March 2003

setting up a consultative group, to be known as the ‘Experts Group on Trafficking in Human
Beings’

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

(2003/209/EC)

Having regard to the Treaty on European Union,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The Union shall maintain and develop the Union as an
area of freedom, security and justice.

The Union shall provide citizens with a high level of
safety within the area of freedom, security and justice.
That objective shall be achieved by preventing and
combating crime, organised and otherwise, in particular
trafficking in persons and offences against children.

According to Article 5(3) of the Charter of Fundamental
Rights of
the European Union trafficking in human
beings is prohibited.

Trafficking in human beings as defined in the Council
Framework Decision 2002/629/JHA of 19 July 2002 on
combating trafficking in human beings is a serious crime
comprising violations of fundamental human rights and
a multi-disciplinary
human dignity
approach addressing
chain,
comprising countries of origin, transit and destination
alike.

and requiring
the

trafficking

entire

The Tampere European Council of 15 and 16 October
1999 called for prevention of all forms of trafficking in
human beings. The Seville European Council of 21 and
22 June 2002 expressed the need for resolute action to
combat trafficking in human beings.

The Brussels Declaration as the final outcome of the
European Conference on Preventing and Combating
Trafficking in Human Beings — Global Challenge for the
21st Century from 18 to 20 September 2002 includes
an annex of recommendations, standards and best prac-
tices and expresses the need for an experts group on
trafficking in human beings to be set up by the Commis-
sion.

This experts group should contribute substantively to
the further development of the prevention of and the
fight against trafficking in human beings and enable the
Commission to gather opinions on any Commission
initiative relating to trafficking in human beings.

(8)

Therefore, this experts group should be set up, its term
of office defined and its administration organised,

HAS ADOPTED THE FOLLOWING DECISION:

Article 1

Subject

1.
A consultative group, to be known as the experts group
on trafficking in human beings, hereinafter referred to as the
experts group, is hereby established.

2.
The experts group shall be made up of qualified indivi-
duals competent to consider matters relating to trafficking in
human beings. Such competence shall be based on experience
deriving from activities for administrations of EU Member
States and candidate countries and for inter-governmental,
international and non-governmental organisations involved in
the combat against trafficking in human beings or on academic
research for public or private universities or institutes.

Article 2

Mission

The Commission may consult the experts group on any

1.
matter relating to trafficking in human beings.

2.
The experts group shall issue opinions or reports to the
Commission at the latter's request or on its own initiative,
taking into due consideration the recommendations set out in
the Brussels Declaration.

3.
In particular, a report of the experts group based on these
recommendations shall be submitted within a period of nine
months following the setting up of the group to assist the
Commission with a view to launching further concrete propo-
sals at European level.

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Official Journal of the European Union

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Article 3

Composition

1.

The experts group shall consist of 20 members.

2.
The members of the experts group shall be individuals
with experience in the fight against trafficking in human beings
deriving from activities for

(a) administrations of EU Member States (seven members),

(b) administrations of Candidate Countries (four members),

(c) inter-governmental,

international and non-governmental
organisations active at European level with well docu-
mented experience and expertise in the area of human traf-
ficking (nine members).

Individuals with experience deriving from academic research
for public or private universities or institutes in EU Member
States may also become members of the experts group as far as
proposed by the parties mentioned above.

The experts group shall include at least 40 % of members

3.
of each sex.

4. Members are appointed as independent experts and do
not represent the states or organisations they are working for.

Article 4

Appointment

The members shall be appointed by the Commission on
1.
the basis of objective criteria of proven competence and experi-
ence. The Commission will appoint the members from a list
made up of all persons proposed by:

(a) Governments of EU Member States,

(b) Governments of Candidate Countries,

(c) International,

inter-governmental and non-governmental
organisations active in preventing and combating traf-
ficking in human beings at European level and whose anti-
trafficking projects were co-funded under one of the EU
programmes STOP I or STOP II.

Each Member State or candidate country and each organisation
mentioned above may propose up to three persons
for
membership.

The Commission shall publish the list of the members for

2.
information in the Official Journal of the European Union.

Article 5

Terms of office

On expiry of their term of office, members of the experts
2.
group shall remain in office until such time as they are replaced
or reappointed.

3.
A member's term of office shall terminate in the event of
resignation or death. In such case the member shall be replaced
for the remainder of the period in accordance with the proce-
dure laid down in Article 4.

4.

There shall be no remuneration for the tasks performed.

Article 6

Working parties

In fulfilment of its mission as set out in Article 2, the experts
group may set up ad hoc working parties. The working parties
shall comprise eight members at most.

Article 7

Additional experts

The experts group may invite any person with a specific
1.
competence for an item on the agenda to participate in its
work. Such persons shall participate only in the discussion of
the item for which they were invited.

The experts group may invite official representatives of
2.
Member States, candidate countries or third countries and of
international, inter-governmental and non-governmental orga-
nisations.

Article 8

Presidency and Bureau

1.
The experts group, acting by a majority of two thirds of
the members present shall elect one President and two Vice-
Presidents from among its members.

2.
On expiry of their term of office by the President and the
Vice-Presidents shall remain in office until such time as they
are replaced or reappointed.

3.
In the event of termination of the term of office by resig-
nation or death of the President or one of the Vice-Presidents, a
replacement shall be elected for the remainder of their term of
office, in accordance with the procedure set out in paragraph
1.

The President and the Vice-Presidents shall constitute the

4.
Bureau.

The Bureau shall prepare and organise the work of the

5.
experts group.

The term of office of members shall be one year. It may

1.
be renewed.

The Bureau may invite the rapporteurs from any working

6.
party to take part in its meetings.

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Article 9

Secretarial services

Article 12

Meetings

The Commission shall provide secretarial services for
experts group, the Bureau and the working parties.

the

Article 10

Attendance of Commission services

Representatives of interested Commission services may attend
meetings of the experts group, the Bureau and the working
parties.

Article 11

Opinions and reports

1.
The experts group shall submit its opinions and reports
to the Commission. The Commission may fix a deadline by
which the opinion or report shall be delivered.

The deliberations of the experts group shall not be subject
2.
to any vote. When an opinion or report is adopted unani-
mously by the experts group, the latter shall establish common
conclusions and attach them to the minutes. When the experts
group fails to reach unanimous agreement on an opinion or
report, it shall inform the Commission of the dissenting views
expressed.

3.
The Commission may publish on the Internet any reports,
opinions and proceedings of the experts group that are not
confidential in nature.

The experts group shall meet at the seat of the Commis-

1.
sion on invitation by the Commission.

2.
The Bureau shall be convened at the seat of the Commis-
sion on the initiative of the President in agreement with the
Commission.

Article 13

Confidentiality

Without prejudice to the provisions of Article 287 of the EC
Treaty, the members of the experts group shall not divulge any
information they obtain through their work in the experts
group or its working parties, in cases where the Commission
informs them that a particular opinion or matter is confiden-
tial. In such case, only members of the experts group and the
Commission representatives may attend the meetings.

Article 14

Entry into force

The Decision shall take effect on the day of its publication in
the Official Journal of the European Union.

Done at Brussels, 25 March 2003.

For the Commission

António VITORINO

Member of the Commission