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 EU's Official Journal. It entered into force on 14 July 2024. It is incumbent upon Member States to transpose the new rules into their national legislations by 15 July 2026.

The new directive widens the scope of Directive 2011/36. It now explicitly includes forced marriage, illegal adoption, and surrogacy as legally recognized forms of exploitation which must be subject to penalties. Along with existing forms of exploitation, the new ones will carry a maximum penalty of at least five years of imprisonment, or up to ten years in cases of aggravated offense. A new aggravating circumstance has been introduced to address the use of information and communication technologies (ICT) in facilitating trafficking, particularly the dissemination of sexual images or videos involving victims.

In addition, the directive will reinforce penalties for legal entities, such as corporations engaged in trafficking offenses. The sanctions may include the exclusion of the relevant entity from public funding opportunities, such as tender procedures, grants, concessions, as well as the withdrawal of permits or licenses related to the offense.

Furthermore, the directive reinforces the provision of support to victims. Member States are obliged to provide shelters and safe accommodations tailored to the specific needs of victims of trafficking and to ensure that such accommodations are not discriminatory with respect to nationality or residency status. It is imperative that victims be provided with access to assistance, including educational and employment opportunities, in order to facilitate their reintegration.

The proposal to update the EU law on the prevention and combat of trafficking in human beings was tabled by the Commission in December 2022 (→ eucrim 4/2022, 249). The reform of the 2011 anti-human trafficking Directive has been one of the key priorities for the Commission, as laid down in the EU Strategy on Combatting Trafficking in Human Beings in the period of 2021-2025 (→ eucrim 2/2021, 92).