EUROPEAN COMMISSION Brussels, 19.5.2016 SWD(2016) 159 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the progress made in the fight against trafficking in human beings (2016)

as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims {COM(2016) 267 final}



Contents Contents 1.INTRODUCTION 2.METHODOLOGY AND INFORMATION SOURCES 2.1.Member States and National Rapporteurs or Equivalent Mechanisms (NREMs) 2.2.EU Civil Society Platform against Trafficking in Human Beings 2.3.EU agencies, international and regional organisations 3.TRENDS AND CHALLENGES IN ADDRESSING TRAFFICKING IN HUMAN BEINGS IN THE EU10 3.1.Statistical data10 3.1.1. Statistical data for 2010-2012 10 3.1.2. Statistical data for 2013-2014 11 3.2.Trends in forms of exploitation13 3.2.1. Trafficking for the purpose of sexual exploitation 14 3.2.2. Trafficking for the purpose of labour exploitation 15 3.2.3. Trafficking for other forms of exploitation 17 3.2.4. Forced marriages and sham marriages 18 3.3.Trends in child trafficking19 3.4.Trends in trafficking in human beings and organised crime23

3.5.Trafficking trends in the context of migration and asylum26 3.6.Trends in the use of the internet and new technologies30 4.RESULTS OF ACTIONS TO ADDRESS TRAFFICKING IN HUMAN BEINGS32 4.1.Criminal law, investigations and prosecutions33 4.1.1. Low level of investigations, prosecutions and convictions 34 4.1.2. Rights of the victims in the context of investigation and prosecution 36 4.1.3. The use of innovative techniques 37 4.1.4. Seizure and confiscations 38 4.1.5. The use of joint investigations and joint investigation teams 39 4.1.6. The key importance of the use of financial investigations 39 4.2.Identification, protection and assistance43 4.2.1. Identification 43 4.2.2. National and transnational referral mechanisms 45 4.2.3. The use of EU large-scale IT systems for detecting and preventing trafficking in human beings 47 4.2.4. Assistance, support and protection 48 4.2.5. Child protection 50 4.2.6. Links between the protection of victims of trafficking and asylum procedures 53 4.3.Prevention55 4.3.1. Factors contributing to vulnerability 56 4.3.2. Criminalisation of the use of services of victims 59

4.4.Financial support to address trafficking in human beings and implement legal obligations66 5.GATHERING OF STATISTICS69 5.1.Data collection activities at EU and national level69 5.2.Data collection exercise for the present report on trafficking in human beings and as per article 19 of the Anti-Trafficking Directive70 5.2.1. Data on victims 71 5.2.2. Data on the criminal justice process 72 5.2.3. Assessment of the data for the years 2013-2014 73 5.2.4. Data Charts on victims of trafficking in human beings 74 ANNEX I – Referenced documents77 ANNEX II – Statistical data 2013 – 2014: tables and information on metadata86



1.INTRODUCTION This paper complements the first European Commission Report on the progress made in the fight against trafficking in human beings as required under article 20 of Directive 2011/36/EU (hereafter "the Report"). It aims to provide a factual overview of the main current trends, actions, and statistical data on trafficking in human beings in the EU, as reported by Member States, civil society and international organisations. The paper elaborates in detail on the measures reported by the Member States to address trafficking in human beings, and additionally takes into consideration actions implemented by the European Commission and other relevant stakeholders in the context of the EU Strategy towards the eradication of trafficking in human beings 2012-2016 (hereafter "the EU Strategy"). A key focus of the EU Strategy has, in fact, been on developing concrete actions to support the implementation of the Anti-trafficking Directive by complementing the work done by the Member States. The EU Strategy actions are based on five priorities: identifying, protecting and assisting victims of trafficking; stepping up the prevention of trafficking in human beings; increased prosecutions of traffickers; enhanced coordination and cooperation among key actors and policy coherence; and increased knowledge of – and effective response to – emerging concerns related to all forms of trafficking in human beings . The paper elaborates on the topics presented in the Report in selected areas of the ‘three Ps’, prosecution (with focus on financial investigations), protection (with focus on the setting up of national referral mechanisms) and prevention (with focus on actions taken by Member States to prevent the crime as provided by Article 18 of the Anti-trafficking Directive ). Furthermore, the paper takes into account the key EU policy framework in addressing trafficking in human beings, including: the European Agenda on Migration ; the European Agenda on Security ; the EU Action Plan against migrant smuggling 2015-2020 ; the Action Plan on Human Rights and Democracy 2015-2019 ; the new framework for the EU's activities on gender equality and women's empowerment in EU's external relations for 2016-2020 and the Strategic engagement of the EU for gender equality 2016-2019. The first section of this Staff Working Document describes the methodology and information sources used for drafting both the Report and this document. The following sections mirror the structure of the Report by providing detailed and factual elements on: trends in trafficking in human beings; results of specific anti-trafficking actions; and statistical data provided by the Member States.

2.METHODOLOGY AND INFORMATION SOURCES The Report and this accompanying Staff Working Document are based on a wide range of information and sources, which can be grouped in the following three categories: information gathered by the National Rapporteurs or equivalent mechanisms (hereafter the “NREMs”) and transmitted to the EU ATC by the Member States pursuant to Article 19 and 20 of the Anti-Trafficking Directive; contributions submitted by civil society organisations participating in the EU Civil Society Platform and the e-Platform against Trafficking in Human Beings; and information from relevant EU agencies, international and regional organisations. The narrative information submitted by the Member States following Article 20 of the Anti-trafficking Directive mainly covers the period 2011-2013. Nevertheless, the Report and its accompanying staff working document also include more up-to-date information that was available to the European Commission at the time of drafting, as provided by Member States, civil society and international organisations. In particular, a specific request on statistical data for the years 2013 and 2014 was sent out to the Member States, in order to ensure that the most recent information could be included in the Report and the Staff Working Document. The methodology and sources used to gather this information are detailed below. 1. 2. 2.1.Member States and National Rapporteurs or Equivalent Mechanisms (NREMs) Article 19 of the Anti-trafficking Directive states that the tasks of the NREMs should at least include "the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting". As indicated above, Member States are obliged to transmit this information to the ATC on the basis of which the ATC contributed to the current European Commission report. In order to facilitate the work of the Member States, the EU ATC agreed with the NREMs on a template for the reporting. Although not an obligation, the template intended to facilitate the reporting by the NREMs on the key areas to focus. The European Commission acknowledges the challenge of thoroughly evaluating the results of anti-trafficking actions implemented by Member States as this is the first Commission report on trafficking in human beings, issued after the adoption of the Anti-Trafficking Directive. The information gathered by the NREMs and transmitted by the Member States is extensive and includes reporting on national trends and actions in the field of anti-trafficking. Further to this comprehensive information, the Report and this Staff Working Document present an overall assessment of the situation regarding trafficking in human beings at EU level. National examples are presented throughout this paper in order to corroborate common trends and findings. The Informal EU Network of National Rapporteurs or Equivalent Mechanisms on Trafficking in Human Beings was first established following Council Conclusions in June 2009. In these conclusions, the Council confirmed of a "need for the EU to set up an architecture for its internal exchange of information on trafficking in human beings in order to enable the Member States and other relevant bodies and institutions to participate in the development of targeted measures, which take into account the human rights of victims of trafficking in human beings". In accordance with the Council Conclusions, each Member State was invited to designate a National Rapporteur or equivalent mechanism to participate in the Network with the scope of activity that includes collection of information and advising on trafficking in human beings. Furthermore, the role of the NREMs is elaborated in the Anti-trafficking Directive: Recital 27 clarifies that NREMS should be established in the way that Member States consider appropriate "according to their internal organisation, and taking into account the need for a minimum structure with identified tasks". Therefore, NREMs have different statuses and structures; in particular, some Member States have established NREMs which are independent from the government, whereas the vast majority have NREMs which are part of the national administration. It is important to stress that neither the Council Conclusions nor the Anti-trafficking Directive refer to the concept of independence for the National Rapporteurs or Equivalent Mechanisms, but rather describe their tasks and reporting obligations. Those represented in the EU NREMs Network are, therefore, National Rapporteurs in their independent capacity as defined in national laws, as well as National Rapporteurs or equivalent mechanisms working for or representing the national authorities. A few Member States participate in the NREMs Network with both a national rapporteur and a national coordinator within the national administration. The NREMs are responsible for monitoring the implementation of anti-trafficking policy at the national level, and play a crucial role in data collection on trafficking in human beings at both national and EU level. The European Commission, via the Office of the EU ATC, has worked actively to facilitate and strengthen the work of the EU NREMs Network, in order to allow for enhanced information sharing and exchange of best practices as well as to ensure best coordination of tasks at EU and national level.

Currently, the successful functioning of the Network is ensured with biannual meetings attended by all EU Member States and all independent bodies where available. The EU Presidency chairs the meetings with the EU ATC on behalf of the European Commission. This allows for working at both the operational and strategic level as well as at the monitoring level in an informed and coordinated way. 2.2.EU Civil Society Platform against Trafficking in Human Beings The Report takes into consideration the contributions submitted by civil society organisations participating in the EU Civil Society Platform against trafficking in human beings (hereafter "the Platform" and the EU Civil Society e-Platform (hereafter "the e-Platform"). These contributions were submitted as part of a process jointly agreed with the NREMs; in result of making available on the e-Platform the reports transmitted by the Member States, they were accessible to the civil society participants who, consequently, could provide feedback and specific contributions. This process can be considered a successful example of implementation of the Anti-Trafficking Directive's call for cooperation with the civil society organisations that can play an essential role in addressing trafficking in human beings. Indeed, effective cooperation and inclusion of civil society in state structures and as equal partners is important in addressing trafficking in human beings. One of the key policy priorities identified in the EU Strategy has been to build up partnerships with all actors working against trafficking in human beings, including non-governmental organisations and civil society at large. To this aim, in May 2013, the European Commission launched the EU Civil Society Platform against trafficking in human beings. The Platform currently meets twice a year, bringing together approximately 100 civil society organisations working in the field of anti-trafficking in the Member States and key neighbouring priority countries. In order to complement the work of the Platform, to enable the continuity of the discussions beyond the biannual meetings in Brussels, as well as to ensure that they are broadened by including a higher number of organisations, the European Commission launched a EU Civil Society e-Platform in March 2014. Through this e-platform, the Commission facilitates further exchange of information and ideas and invites the participants to discuss future action fostering open, inclusive and diverse participation. 2.3.EU agencies, international and regional organisations The Report further includes relevant information from the EU Justice and Home Affairs agencies, international and regional organisations active in the area of anti-trafficking, and other key networks and stakeholders. In particular, information from relevant regional and international organisations have been taken into account to the extent relevant, in order to ensure consistency with the work of these organisations, while at the same time respecting the different competences and frameworks. The report also takes into consideration the reports drafted by the Group of experts on action against trafficking in human beings (GRETA), monitoring the 2005 Council of Europe Convention on Action against Trafficking in Human Beings, in line with recital 9 of the Anti-Trafficking Directive. As stated in this recital "Coordination between international organisations with competence with regard to action against trafficking in human beings should be supported in order to avoid duplication of effort". Key documents referred to and used in the Report and staff working document are listed in Annex I. Joint statement by EU Justice and Home Affairs Agencies An example of coordinated EU action to address trafficking in human beings is the joint commitment of seven EU Justice and Home Affairs Agencies (CEPOL, EASO, EIGE, FRONTEX, EUROJUST, EUROPOL, FRA). On the occasion of the Fifth EU Anti-trafficking day on 18 October 2011, the Heads of the seven agencies signed a Joint statement through which the agencies committed to address trafficking in human beings in a coordinated, coherent and comprehensive manner. This commitment has been implemented through the development by the Agencies of numerous projects, training, studies and handbooks in the field of anti-trafficking. Furthermore, representatives of the Agencies hold regular joint meetings with the Office of the EU ATC in order to exchange information and agree on common priorities.



3.TRENDS AND CHALLENGES IN ADDRESSING TRAFFICKING IN HUMAN BEINGS IN THE EU 3.

3.1.Statistical data Assessing the exact scale of such a complex and criminal phenomenon as trafficking in human beings is a challenge in the EU and globally. In recent years, the European Commission, through Eurostat, has been collecting relevant statistics. The Second Eurostat Working Paper on Trafficking in Human Beings was published in its final version in January 2015 and includes data from all 28 Member States plus Iceland, Norway, Montenegro, Serbia, Switzerland and Turkey over the years 2010-2012 on a diverse set of indicators . Statistical data were collected on the number of victims (disaggregated by gender, age and form of exploitation as well as data on victims' citizenship and type of assistance and protection received). It also includes data on suspected, prosecuted and convicted traffickers. 3.1.1.Statistical data for 2010-2012 Over the years 2010-2012, in total there were 30 146 registered victims of trafficking (both identified and presumed) in the EU. Trafficking in human beings is recognised as a form of violence against women and girls. The majority of identified victims of trafficking are female. The vast majority of women are identified in the sex industry. Women are also the predominant victims of other forms of exploitation, such as trafficking for sham and forced marriages and domestic servitude. Following the Second Eurostat Working Paper on Trafficking in Human Beings covering the years 2010-2012, 80 % of registered victims in the EU during this period were women. Among victims for which information was available on form of exploitation, 69 % were trafficked for sexual exploitation; 95 % of all registered victims of sexual exploitation were female, and 14 % children; 19 % were trafficked for the purpose of labour exploitation; and 12 % for other forms of exploitation. Over 1 000 children were registered as victims of trafficking for sexual exploitation. 3.1.2.Statistical data for 2013-2014 Further statistical information provided by Member States for the Report and covering the period 2013-2014 supports the trends showed by the Second Eurostat Working Paper. In total, there were 15 846 registered victims of trafficking in the EU during the years 2013-2014. It is important to stress that these data refer to ‘registered victims’ (both identified and presumed). However, given the complexity of the phenomenon, there are solid grounds to expect that the actual numbers of victims of trafficking in the EU are indeed substantially higher. Trafficking for the purpose of sexual exploitation is still the most widespread form of trafficking in human beings (67 % of registered victims), followed by labour exploitation (21 % of registered victims). The other 12 % were registered as victims of other forms of trafficking, including exploitation for criminal activities, organ removal, forced begging and pick pocketing, sham marriages, domestic servitude. Trafficking for forced or petty criminality (such as property crime, forced begging, drug production and trafficking, benefit fraud) particularly affects children, according to information from Member States as well as from Europol. Over three-quarters of the registered victims were women (76 %), and at least 15 % of the registered victims were children. Most of the registered victims are EU citizens: in both the Second Eurostat Working Paper on Trafficking in Human Beings from 2010-2012 and the data for 2013-2014, 65 % of registered victims are EU citizens. Over the period 2013-2014 the top five EU countries of citizenship for registered victims of trafficking were Romania, Bulgaria, Netherlands, Hungary, and Poland. These are the same countries as for the years 2010-2012. For non-EU citizens, the top five countries with the highest number of victims were Nigeria, China, Albania, Vietnam and Morocco (in 2010-2012 the top-5 countries were Nigeria, Brazil, China, Vietnam and Russia). 6 324 people had formal contact with the police or the criminal justice system in connection with the crime of trafficking in human beings. Victims and suspected traffickers generally share nationality, ethnic ties and sometimes kinship links. Mobility and rotation of victims are key features within this criminal market. While most traffickers are male, female suspects are also involved in low-ranking tasks (Nigerian criminal networks form an exception where women play a central role in the exploitation process). The most common means through which people become victims of trafficking – both for sexual and labour exploitation – is deception, typically by false promises of employment and good working conditions. Traffickers use newspaper ads, the internet, social media and new technologies as recruitment means. Table 1 Male Female Sexual Labour Other EU nationals Non-EU nationals 2010-12 20 % 80 % 69 % 19 % 12 % 65 % 35 % 2013-14 24 % 76 % 67 % 21 % 12 % 65 % 35 % Compared on an annual basis, the total number of registered victims in the data for 2013-2014 is lower than that recorded in the Eurostat working paper for 2010-2012 (8 034 in 2013 and 7812 in 2014; as compared to 9 710 in 2010, 9 438 in 2011 and 10 998 in 2012). Although the data collection methods used for both periods were similar, it would not be advisable at this stage to compare the data, either between the two exercises or across individual years, due to possible differences in recording methods and legal definitions. For this reason, the discrepancy in the annual totals, and in particular the reasons why fewer victims of trafficking were registered, are issues that need to be explored and analysed further. Nevertheless, it is clear that there is a worrying consistency in terms of victims' countries of origin, countries of destination, the forms of exploitation, and the age and gender profile of victims over the five years 2010-2014. The information received appears also consistent with the latest Europol Situation Report of 2016. This consistency indicates the need to step up efforts in investigating the crime, prosecuting the perpetrators and identifying the victims. The adoption of the Anti-trafficking Directive has created an important momentum in raising awareness on the scale of the phenomenon in the EU and the need to address it with a wide range of tools, from criminal law to prevention measures. The European Commission takes this data into serious consideration and stands ready to support the Member States in order to effectively implement the Anti-Trafficking Directive and fully comply with its obligations.

Portugal has established an Observatory on Trafficking in Human Beings (OTSH) which is to be understood as a monitoring system to collect quantitative and qualitative data from different entities with activities related to trafficking in human beings and to analyse data, and produce knowledge about the phenomenon. These activities include criminal and judicial related actions, as well as activities to support victim’s social reintegration. The OTSH has a network of more than 30 governmental and non-governmental bodies as primary data sources. As secondary data sources, the OTSH contacts national Liaisons Officers, IOM/Lisbon Office, Europol and DGPJ/Ministry of Justice. The Monitoring System is a part of the national referral mechanism on trafficking in human beings in Portugal. The status given to registers (as far as ‘Identified’ or ‘Not a victim of trafficking’) is given by the competent authority. The OTSH produces trimestral reports (classified) and an Annual Statistical Report that are validated by all data providers. 3.2.Trends in forms of exploitation As specified in Article 2 of the Anti-trafficking Directive "exploitation shall include as a minimum the exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs". The list of different forms of exploitation included in the Anti-trafficking Directive is not exhaustive; rather, it sets a minimum standard on which exploitation forms are to be covered by the Member States, while the definition also covers other forms as long as they fulfil the constitutive elements of trafficking in human beings. 3.2.1.Trafficking for the purpose of sexual exploitation Based on the statistical data, as well as on the narrative information submitted by the Member States, trafficking in human beings for the purpose of sexual exploitation is still by far the most prevalent form of trafficking in the EU. According to the data for the years 2013 and 2014, there were 10 044 registered victims (67 % of total registered victims) for this form of exploitation. This form primarily affects women and girls, even though a few Member States have reported an increase in the number of male victims. The above-mentioned data are consistent with trends identified in both previous Eurostat statistical data collections, and with recent UNODC statistical data. This is further confirmed by the 2016 Europol Situation Report. The nature of the phenomenon of trafficking in human beings for sexual exploitation renders this form of exploitation very complex to address. As reported by Member States (such as BE, IT and the NL), an increasing shift of traffickers from visible (e.g. street prostitution, window prostitution) to less visible forms (prostitution in hotels and in private homes) is noticed, as well as an abuse by traffickers of the ‘self-employed’ status. This is also in line with information in the European Commission's Study on the gender dimension of trafficking in human beings, a deliverable of the EU Strategy, whereby, while bogus self-employment is illegal, there is little evidence that authorities are robustly enforcing such regulations. Although efforts are made by Member States law enforcement to tackle trafficking for sexual exploitation, there has been no substantial sign of a decrease. The most recent information available by Europol, as submitted by the Member States, indicates that Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Spain, Switzerland, and the United Kingdom are the most targeted countries by human traffickers, due to the high demand for cheap sexual and labour services in these countries. Europol further notes that as a result of the economic crisis, there is an increased demand for cheap labour services and for example, in countries where prostitution is legal and regulated, it is possible that sex work is affected by the demand for cheap labour. Finally, Europol mentions that there are Member States in which prostitution is legal, making it much easier for traffickers who wish to use a legal environment in order to exploit their victims. There appears to be no indication that despite previous or current efforts at international, European or national level, trafficking for sexual exploitation has effectively been addressed and that the phenomenon has decreased. Indeed, trafficking for sexual exploitation remains still very prevalent. Trafficking for sexual exploitation in Member States Belgium reports several examples of victims of trafficking forced into prostitution and sexual exploitation. One of these examples involves criminal organisations from Romania trafficking young girls into different EU countries, forcing them into prostitution. These young girls, starting from the age of 16, were seduced by so called "lover-boys" who, under the pretext of holiday jobs, lured them to Portugal where, after physical threats and violence, they were sold to the leader of a Romanian criminal group. The selling price for a girl ranged between 2 000 and 5 000 euros. From Portugal these girls were forced to travel elsewhere in Europe and eventually to Belgium, where they were then forced into prostitution and sexually exploited. When they refused the exploitation or attempted to contact the police, they were intimidated and beaten and their families in Romania were threatened. They were also forced to accept unprotected sex because a higher price could then be charged. This resulted in venereal disease and forced abortions. It is further reported that the traffickers provided the child victims with false identity documents so that they could allegedly be legally employed in a bar. The income for the traffickers from the exploitation in prostitution amounted to 512 066 EUR, and was transferred via money transfers in the name of other members of the criminal organisation to the family of one of the traffickers in Romania. This money was then invested in real estate in the names of the suspects, their parents or other family members. 3.2.2.Trafficking for the purpose of labour exploitation Trafficking in human beings for the purpose of labour exploitation is reported by several Member States (such as MT, PL, PT) as an increasing phenomenon and others (such as DK, LT, SK)expect the problem to increase further in the future. Member States also report an increase in male victims for this form of trafficking, among others in the agricultural sector (EL, IT, PT). Statistical data for 2013-2014 show that 74 % of victims registered for labour exploitation were men. According to Member States, the most concerned sectors are agriculture and fisheries, construction, the hospitality industry, manufacturing and domestic work. Female victims are primarily exploited in domestic work. Victims are often lured by fake advertisements for work, also via online advertisements. Traffickers exploit loopholes in enforcement or control of legislation on work permits, visas, labour rights and working conditions. Labour exploitation is by no means a new phenomenon in the EU; however, it is reported that as a result of the economic crisis, there is an increased demand for cheap labour services and lack of awareness of the contractual obligations and working conditions of the employees. This is a situation which is exploited by the organised criminal groups. People are being exploited in the labour market and trafficked into, as well as within, the EU to supply unpaid or very low-paid work, living and working in conditions that do not respect their human dignity. Trafficking for labour exploitation in the construction sector in the Member States Belgium reports several cases involving Polish victims in the construction sector. The victims were Polish workers who were required to carry out renovation work under a bogus status of independent contractors, without understanding what this entails. Moreover, they were housed in deplorable conditions. Their wages were far below the officially indexed rates, and they were paid irregularly or not at all. The European Commission is keen to increase knowledge for all forms of exploitation. In this context, the EU Strategy has placed special focus on trafficking in human beings for the purpose of labour exploitation, supporting and funding a wide range of projects. The Strategy envisaged a Study on case law on trafficking for the purpose of labour exploitation in all Member States, which was released on the occasion of the Ninth EU Anti-Trafficking Day in 2015. Furthermore, the European Commission, based on cooperation with the European Foundation for the Improvement of Living and Working Conditions (Eurofound), is developing a best practice guide for public authorities on the monitoring and enforcement of temporary work agencies and intermediary agencies such as job recruitment agencies to prevent trafficking in human beings for the purpose of labour exploitation. Enhanced cooperation with labour inspectors is another priority of the EU Strategy. The European Commission is also considering how to best ensure the involvement of the private sector in order to ensure maximum impact while not duplicating initiatives by other stakeholders. A form of labour exploitation particularly challenging to detect is that of domestic servitude, which affects primarily women and girls. As it occurs in private households, the victims are often isolated, with limited or no opportunities to report or escape the exploitation. Trafficking for domestic servitude in diplomatic households in the Member States Trafficking for domestic servitude in diplomatic households has been reported as one of the emerging trends globally, and it has been addressed by a Handbook published by OSCE (Organization for Security and Co-operation in Europe) in 2014. This Handbook for Protocol Officers serves to raise awareness and inform the relevant authorities about how to prevent trafficking in human beings for domestic servitude in diplomatic households, how to detect abuses and how to react to exploitative situations while protecting the rights of the domestic worker. The handbook was funded by Austria, the Netherlands, Switzerland and the United States.

The Anti-trafficking Directive covers trafficking in human beings for the purpose of labour exploitation and specifically mentions trafficking in human beings for the purpose of forced labour or services, forced begging, slavery or practices similar to slavery and servitude. This is a non-exhaustive list of exploitation forms and other exploitation forms can be covered. 3.2.3.Trafficking for other forms of exploitation According to statistical data for 2013-2014, other forms of exploitation registered and reported by the Member States correspond to 12 % of the total number of victims. Examples of other forms of exploitation reported by Member States are trafficking for the purpose of forced begging, criminal activity, forced marriage, sham marriage, or organ removal, trafficking of infants and young children for adoption, trafficking in pregnant women to sell their new born babies, trafficking for the production of cannabis and trafficking for the purpose of drug smuggling or the selling of drugs. Some Member States include in their data collection on "other forms of exploitation" also trafficking for the purpose of domestic servitude and trafficking for seasonal berry picking, which in most cases as well as according to the definition would fall under trafficking for the purpose of labour exploitation. Member States also report cases in which people fall victims of multiple forms of exploitation, for example where they are trafficked for both labour and sexual exploitation, or trafficked for labour exploitation and also forced to engage in criminal activities. The narrative reporting from the Member States (such as BG, CY, FI, LT, LV, LX, SE, SK) suggests that exploitation of persons with physical, mental and developmental disabilities is on the rise. Traffickers are exploiting the vulnerabilities of these people for different purposes including for sexual exploitation, forced or sham marriages, forced begging, forced criminality. For example, some Member States (such as SE, SI) report an increase in trafficking for the purpose of forced begging, involving both children and adults, mostly of Roma origin. Some Member states report that victims of trafficking are also being used as drug mules (EE, LT) and exploited in cannabis cultivation (DK, UK) or used to commit benefit fraud (UK). Other Members States report an increasing trend in pregnant women being recruited and forced to sell their new-born babies (BG, HU). The European Commission has provided co-financing for several projects targeting many of these forms of exploitation, such as trafficking in human beings for forced criminality, organ removal, and forced begging. Information on all projects is available on the EU Anti-Trafficking website . 3.2.4.Forced marriages and sham marriages As one of the "other forms of exploitation", some Member States (such as BE, EE, LV, and SK) have reported forced marriages and sham marriages amongst the new emerging trends in trafficking in human beings during the reporting period. In particular, sham marriages present an issue of serious concern for Latvia, and were included as one of the main priorities for discussion during the Latvian Presidency of the EU in 2015, reporting that a considerable number of registered victims of trafficking in human beings from Latvia were forced into sham marriages in Ireland with third-country nationals. Law Enforcement information on trafficking for the purpose of sham marriages According to Europol, victims of trafficking for the purpose of sham marriages are predominantly female EU citizens mostly originating from the Czech Republic, Hungary, Latvia, Poland, Romania, and Slovakia, who are trafficked to western and northern Member States and forced to marry Asian men, typically Pakistanis and Indians, to enable them to obtain residence benefits and legal stay in the EU. The women targeted are often in vulnerable positions due to their economic and social conditions, including disabilities; in some cases, they are kidnapped and brought to the country of destination against their will, while the traffickers retain their documents and hold them captive. The victims are also often sexually abused by their husbands or otherwise sexually exploited. It is currently unclear whether these brokers belong to networks involved in trafficking in human beings or act as service providers to organised criminal groups facilitating irregular migration. The European Commission has issued a Handbook on addressing the issue of alleged marriages of convenience between EU citizens and non-EU nationals to address this issue in the context of EU law on free movement of EU citizens. Europol indicates that it is possible to expect that the current migration and refugee crisis will result in more forced marriages due to the increased attempts by migrants and asylum- applicants to gain legitimate residency. Member States in the EU Network of NREMs have indicated that the lack of legislation on sham marriages, and whether or not to consider them as a form of exploitation for trafficking in human beings, is a major challenge to adequately address this trend. In this regard, it has to be recalled that the forms of exploitation listed in Article 2(3) of the Anti-trafficking Directive are not exhaustive and that other forms can be covered. Member States that do not cover explicitly sham marriages in their national legislation on trafficking in human beings could apply other relevant definitions of exploitations that may be relevant in the situation of sham marriages, such as sexual exploitation or domestic servitude, in order to properly address those cases. 3.3.Trends in child trafficking Child trafficking is reported by Member States as one of the trends that is increasing most sharply in the EU. The statistical data for the years 2013-2014 show that, out of the 15 846 registered victims of trafficking in the EU during this time period, at least 2 375 were children. Children are one of the most vulnerable groups targeted by traffickers. Although child trafficking is prevalent in situations unrelated to migration, such as within a Member State or intra-EU, the information received suggests that the phenomenon has been exacerbated by the ongoing migration and refugee crisis, with specific risks involved for unaccompanied children (see the following section 3.4). Identifying children who are victims of trafficking and establishing their true identity remains a challenge. Organised crime groups choose to traffick children as they are easy to recruit and quick to replace; they can also keep under their control child victims relatively cheaply and discreetly – children are generally less visible than adults and may be housed in secluded areas, out of sight. For trafficked children between the ages of 6 months and 10 years, criminal networks can pay between EUR 4 000 and EUR 8000 (in some cases, up to EUR 40 000). Trafficking networks target socially and economically disadvantaged families and push families into debt which they cannot repay. In this context, children are taken away from parents as a form of debt repayment . In some cases, the victim’s family plays an active role: children are sold or traded to strangers or to other relatives, who take charge of their exploitation across the EU, channelling them into sexual abuse, begging or delinquency, while often depriving them of material welfare such as adequate nutrition or using psychological coercion. An increase of children trafficked for forced criminality is reported by a number of Member States (such as DK, LT, SE, SK). While illegal adoption does not necessarily constitute trafficking in human beings, in a number of cases illegally adopted children are victims of trafficking. Civil society representatives also highlight links between trafficking and institutionalisation of children, which manifests itself in two ways: firstly, children placed in institutional/residential care are at high risk of becoming victims of trafficking, including when they go missing; secondly, often when child victims are recovered from traffickers they are placed (back) in institutions by the responsible authorities, thus creating a vicious circle for trafficked children and additional risks to their peers in institutions.

As reported by Europol, children from Roma communities are particularly vulnerable; destination countries for child victims from these communities are mainly the United Kingdom and France, where they are subjected to sexual exploitation, labour exploitation, forced begging, petty crimes, and to a lesser extent to systematically defrauding the social security and welfare benefit systems. Children from Roma communities According to the European Commission's Study on high-risk groups for trafficking in human beings, a deliverable of the EU Strategy, traffickers allow children to stay overnight in shelters, while at day time they continue being forced to pick-pocketing or begging. The Study mentions that according to national research, an increased prevalence of child marriages is noted, while victims and perpetrators are predominantly from some groups within the Roma community. The upward trend is assumed to be related with the increasingly difficult economic situation of Roma communities, exacerbated by the economic crisis. With regards to the trafficking of Roma children, the study identifies several specific enabling factors contributing to trafficking: hesitation by public authorities in taking action, due to insufficient knowledge and understanding of the social norms and culture of the Roma community, due to the fear of resulting in discriminatory practices as well as due to a lack of adherence to child protection measures and rules; lack of adequate, effective and timely intervention of responsible institutions in cases of child marriages and child begging, which may erroneously consider this as cultural practice, without due regard to the child's right to protection from all forms of violence in line with the UN Convention on the rights of the child and national laws already in place, and somehow acceptable for Roma families (such as HR, SI); lack of political will to address the marginalisation and structural exclusion of Roma communities. Particularly in the context of victims from Roma communities, it is worth recalling the Council Recommendations on effective Roma integration measures in the Member States : Combat all forms of discrimination, including multiple discrimination, faced by Roma children and women, and fight violence, including domestic violence, against women and girls, trafficking in human beings, underage and forced marriages, and begging involving children, in particular through the enforcement of legislation. To this end, Member States should ensure the involvement in this exercise of all relevant actors including public authorities, civil society and Roma communities. In this context, cooperation between Member States is encouraged in situations with a cross-border dimension. Child victims are at high risk of undergoing secondary victimisation by being considered perpetrators of petty crime rather than as victims of trafficking. Child victims are also at risk of being re‐trafficked after their release from the authorities. Finally, civil society and service providers report that many of the victims claim to be older than their actual ages, as instructed by the traffickers. The Anti-trafficking Directive sets out a number of provisions based on the principle of the best interests of the child, which requires that Member States take into account the specific needs of child victims of trafficking. The EU Strategy recognises that comprehensive child-sensitive protection systems, ensuring interagency and multidisciplinary coordination, are crucial in catering to the needs of child victims of trafficking. In line with the EU Strategy, in June 2014, FRA and the European Commission published "Guardianship for children deprived of parental care: A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking". This handbook is designed to help standardise guardianship practice, ensuring also that responsible national authorities are better equipped to deal with the specific needs of child victims of trafficking. The EU Agenda for the rights of the child (2011–2014), notes that the well-being of children can only be achieved in a society which is free of violence, abuse and exploitation of children, and stressed that the specific needs of children are taken into account in developing trafficking policy. In the context of its work on violence against children, the Commission organised the seventh (2012), eight (2013), and ninth (2015) edition of the European Forum on the rights of the child on the subject of integrated child protection systems. The overarching goal of a national child protection system is to protect children from violence, including trafficking. The Commission promotes integrated child protection systems, where components and services are multi-disciplinary, cross-sectorial and inter-agency, where children are placed at the centre. At the most recent Forum in June 2015, the Commission proposed 10 Principles for integrated child protection system. The 10 Principles for integrated child protection systems derived from the EU Strategy, and are grounded in international standards on the rights of the child. They summarise how a rights-based approach can be used. The Commission seeks to apply these principles in funding priorities to build the capacity of duty-bearers to respect the rights of the child and the capacity of children as rights-holders to claim their rights. The Commission continues to fund projects to protect children from violence , including child victims of trafficking under several programmes, with a focus on achieving more sustainable system improvements. Furthermore, child trafficking has been identified as one of the priorities under the European Multidisciplinary Platform against Criminal Threats on Trafficking in Human Beings (hereafter EMPACT THB) . To this end, more operational focus is currently being placed on child trafficking and the European Commission is supporting Europol and law enforcement authorities, as well as other EU agencies in their efforts. This is consistent with the European Commission priorities. The European Commission further engages with the civil society and child rights organisations, within the context of the EU Civil Society Platform against trafficking in human beings where a sub-group on child trafficking has discussed relevant concerns in a number of meetings. Study on High Risk Groups for trafficking in Human Beings The European Commission's Study of High Risk Groups for trafficking in human beings includes recommendations related to structural and institutional factors and to provision of targeted training for all professionals likely to come in contact with children at risk, stressing the need for clear guidelines aimed at implementing a child centred and victim centred approach. Moreover, it recommends reinforcing inter-institutional cooperation and promoting integrated child protection systems. The Study further recommends that in order to promote a cultural change in societal attitudes towards violence, exploitation and discrimination against children and women, as well as trafficking specifically, it is useful to invest in tailored and non-sensationalist awareness raising actions. These should also be based on a better understanding of the demand side factors that sustain and foster child trafficking, and accompanied by legislative frameworks supporting this normative change. Recommendations related to socioeconomic factors revolve around the need to provide support to marginalised communities through programmes ensuring their economic and social inclusion. As social attitudes towards violence and child labour play a role, there is a need to promote a culture of zero tolerance, at a local level, of violence against women and children, as well as of child labour exploitation. It is also important that the socioeconomic wellbeing of children is ensured more broadly by providing them with access to adequate resources, quality education and health services, decent housing and a safe environment in which to develop. 3.4.Trends in trafficking in human beings and organised crime Addressing trafficking in human beings necessarily involves addressing also other forms of criminal offences which are interlinked with it, such as money laundering, financial crime, corruption, property crimes, document fraud, cybercrime, smuggling of migrants, terrorism related crimes, child sexual exploitation and forced labour. These links often result in cases of trafficking in human beings not investigated or recorded as such. The continuously evolving forms of trafficking in human beings and the ability of traffickers to adapt to new situations make this crime even harder to address. As a serious form of organised crime and a security threat, trafficking in human beings necessitates a coordinated and specific response at EU level. For this reason, trafficking in human beings is amongst the serious and organised crimes addressed by the European Agenda on Security and by the EMPACT THB, within the framework of the EU Policy Cycle for organised and serious international crime. Trafficking in human beings is usually linked to organised crime, although there are some cases where a small number of victims are exploited locally, and where individual criminals act with limited organisation. The latest Situation Report on trafficking in human beings by Europol explains that often the criminal organisations involved are characterised by loose, flexible and quickly adaptable networks linked by kinship or ethnicity with interchangeable roles amongst members, and with a presence in a number of countries. These networks rotate the victims through different countries. Europol further highlights that the loose structure and modus operandi of the networks renders their detection a very challenging task for law enforcement authorities.

Europol's Serious and Organised Crime Threat Assessment highlights that, given the 'low risk/high profit' nature of trafficking in human beings, organised criminal groups are extremely flexible and quickly adapting to changes in legislation and law enforcement tactics, as well as making use of new technologies. Further, Europol's Internet Organized Crime Threat Assessment elaborates that traditional organised crime groups are beginning to use the service-based nature of the cybercrime market to carry out more sophisticated crimes, and buying access to the technical skills they require. Criminal profits are primarily sent back to their country of origin. Member States report that trafficking in human beings is often linked to other forms of crime, such as falsification of documents, drug trafficking, cybercrime, child pornography, migrant smuggling and benefit fraud. Also, as related activities, Member States mention money-laundering, or the means for implementing that, such as by falsifications, lesions or threats. Modus Operandi in Member States Greece reports that although most cases involve male perpetrators, an alarming new trend is the significant number of women recruiters. Usually, female traffickers are initially recruited as victims, and in the process they are granted certain concessions and benefits, in return for their collaboration in recruiting new victims, controlling, or mentoring new victims. Italy reports that in the last years there has been a change in the organisation of the criminal networks involved in trafficking in human beings, as well as in their recruitment and exploitation methods, with the following trends: a shift from poorly-organised to extremely well-organised groups with established links in the destination countries; a shift from particularly violent forms of coercion to the use of more subtle strategies based on fraud and deception; the involvement of some victims in the exploitation of other victims; an increased capacity to link the trafficking activities to other illegal activities such as migrant smuggling, trafficking of drugs and firearms, as well as to legal activities, such as money laundering in legal businesses. The heads of these foreign organised criminal groups (mostly from Nigeria, Romania, Albania and Kosovo) do not live and operate in Italy; therefore most of the traffickers who are apprehended and prosecuted are only the ones at the bottom of the criminal networks' chain (such as owners or managers of public places where victims are exploited, or transport operators), while the heads are more difficult to identify. Spain reports that the modus operandi developed by trafficking groups is constantly developed around three processes: capture of the victims in countries of origins via advertisements in newspapers, travel agencies, employment agencies, the most used procedure being deceit in the form of legitimate job offers for the most part associated with the hospitality sector and domestic service; transfer by land, air and sea along pre-set routes usually accompanied by a member of the criminal group (the necessary documentation is facilitated to the victims, in some cases falsified: passports, visas, hotel reservations, letters of invitation generally for periods of stay as tourists or to study); and exploitation in the country of destination, where the victims are finally informed of the true nature of the activity they are to engage in and when threat, aggression or coercion are used to force them to sexual exploitation or other forms of exploitation. 3.5.Trafficking trends in the context of migration and asylum In the context of the current migration and refugee crisis, criminal networks seem to adapt their routes and take advantage of people’s migration projects, their fleeing from conflicts, and exploit their vulnerability, including in transit and in destination countries. Key Differences between trafficking in human beings and migrant smuggling It is important to highlight the differences between trafficking in human beings and smuggling of migrants, which are two different concepts covered under different international and EU legal instruments. The main differentiating elements include: Consent: Although often taking life threatening risks and having to endure a lot of suffering during their journey, smuggled people have consented and usually paid to be smuggled. Trafficked victims either never consented, or if they did initially, the consent has been rendered irrelevant by the coercive, deceptive or other abusive actions (illicit means) of the traffickers. When trafficked victims are children, consent is always irrelevant. Borders: trafficking can take place within one country (no border crossing) or through a regular or irregular crossing of borders; smuggling by definition involves a breach of migration laws, that is either irregular crossing of international borders (which can also be intra-Schengen or intra-EU borders) or facilitation of irregular stay in a country of which the smuggled person is not a national. State responsibility towards victims: trafficking in human beings implies the existence of a victim, that is, a person whose individual rights have been violated. Trafficking has as its main objective the exploitation of an individual for profit (often using coercion and control) and is thus first of all a violation of human rights and freedoms and a crime against the person. Under EU law, smuggling is the irregular movement of people across borders or the facilitation of irregular stay in exchange for payment but with no direct exploitative end purpose (although a smuggled migrant may still end up being exploited in reality) and it is therefore a crime against the State, concerning the protection of the State against violation of its borders. According to the recent European Commission Communication on the State of Play of Implementation of the Priority Actions under the European Agenda on Migration, there is strong evidence that the migration crisis has been exploited by criminal networks involved in trafficking in human beings to target the most vulnerable, in particular women and children: "Research suggests that reception facilities in some Member States have been targeted, with cases where up to 60 % of unaccompanied children have gone missing, with a serious risk of falling prey to trafficking networks. Europol indicates that there is a strong crossover between those smuggling refugees across borders and gangs ensnaring people for exploitation in the sex trade or as forced labour". Trafficking in human beings and times of crisis According to IOM research , crises are likely to have an impact on trafficking in human beings, not just in directly affected areas, but also in regions hosting migrants[…] The erosion of rule of law and institutional breakdown, development of criminal activities, corruption and involvement of officials, impunity, and the enhanced reliance on negative coping mechanisms and risky survival strategies, are observed in many large-scale crises and represent important risk factors […] At the onset of a crisis, existing criminal networks may become disembroiled but may also adapt to the new situation – for example by targeting new victims, in new places such as refugee and IDP camps or local populations hosting high numbers of mobile populations […]Traffickers may seek to take advantage of populations receiving humanitarian assistance to increase their criminal activities through fraudulent and ultimately exploitative opportunities of employment or onwards migration". As mentioned in Recital 8 of the Anti- Trafficking Directive, children are more vulnerable than adults and therefore at greater risk of becoming victims of trafficing in human beings. This vulnerability increases in the case of unaccompanied migrant children. For this purpose, training of all the actors involved in the procedure (border officers, lawyers, asylum officers, social workers, psychologists, mediators, medical staff) remains essential. Working on indicators and profiles is also relevant. In the above-mentioned Commission Communication on the State of Play of Implementation of the Priority Actions under the European Agenda on Migration, there is specific reference to the particular risks involved for unaccompanied children, and it is announced that work on a comprehensive approach to the protection of children in migration is underway, whose scope will include child trafficking. The EU systematically addresses trafficking in human beings in its dialogue and cooperation with third countries and regions on migration and mobility. This is the case of the dedicated dialogues on migration and mobility with third countries and regions and the mobility partnerships and common agendas on migration and mobility concluded with third countries. In the context of the migration and refugee crisis experienced during 2015, the EU has substantially reinforced cooperation with third countries and regions, with trafficking in human beings as one of the key elements of this reinforced cooperation. Also, the Valetta Action Plan, endorsed by the EU and African leaders at the EU-Africa Summit on Migration held in Valetta on 11-12 November 2015, identifies a number of actions on strengthening capacities and supporting the development of effective legislation and policies in this field, including on preventing minors to find themselves in situations of risk and ensuring that they receive the adequate protection. The Declaration of the High Level Conference on the Eastern Mediterranean and the Western Balkan Route, adopted on 8 October 2015 in Luxembourg, also reflects the commitment of the EU and the partner countries along this route to support and protect the more vulnerable victims of migrant smuggling and trafficking in human beings, with special attention to children. Addressing trafficking in human beings is also a key component of the EU-Turkey Action Plan launched at the EU-Turkey Summit on 29 November 2015.

A worryingly sharp increase in Nigerian women and girls leaving Libya has been identified (4 371 in January-September 2015 compared to 1 008 in the previous year, 80 % of whom estimated by IOM Italy to be victims of trafficking), and generally concerns are reported over the increasing risk of trafficking for sexual exploitation. IOM and UNICEF report that in 2015 Italy has seen a 300 % increase in the number of Nigerian victims of trafficking arriving by sea compared to the previous year, with about half of them unaccompanied children. This trend is confirmed by Europol, which reports that traffickers increasingly abuse legal migration legislation and asylum systems, often persuading non-EU victims to request a residence permit or apply for asylum in a transit country on arrival in the EU, which enables them to move within the Schengen area and to more easily reach the locations where they will be exploited. While tackling cases of abuse, international protection shall be granted to those vulnerable applicants who may need protection as victims of trafficking and who also qualify for international protection. Although being a victim of trafficking does not, in itself, qualify someone as a refugee, international protection shall be provided to those victims of trafficking who have a well-founded fear of persecution for a reason covered by the UN 1951 Convention relating to the Status of Refugees. Thus, the non- refoulement principle must be especially respected in such situations, given the risk that these people face of being re-trafficked or punished if returned to their countries of origin. In 2015, the European Migration Network (EMN) published a Report on Policies, practices and data on unaccompanied minors in the EU Member States and Norway describing asylum procedures, practices and arrangements adopted in 27 Member States on the treatment of unaccompanied minors, including the measures set in place to prevent/combat trafficking of the unaccompanied minors. The Report focused inter alia on (a) arrangements in place for unaccompanied minors who are not in the asylum process, including those who entered irregularly and/or are victims of trafficking, and (b) unaccompanied minors who abscond or go missing from care facilities. Call for proposals under the Asylum, Migration and Integration Fund In order to address the situation of victims of trafficking in the context of the migration and refugees crisis, the European Commission has published a Call for proposals under the Asylum Migration and Integration Fund, aimed at funding actions addressing the integration and the safe and sustainable return of victims of trafficking in human beings, further focusing on the early identification and protection of children, including unaccompanied children, as well as adults victims of trafficking for all forms of exploitation in high-risk sectors (such as, for example, agriculture, fisheries, construction, textile, sex industry, domestic work). As the above-mentioned Communication on Migration highlights, it is necessary that "from the first stage in the hotspots, actual or potential victims of human trafficking are identified, made aware of their rights, and that the necessary cooperation takes place with the police and judicial authorities in order to ensure that traffickers are identified and prosecuted". The European Commission has published Guidelines for the identification of victims of trafficking in human beings for consular services and border guards with a special reference to the Frontex “Anti-trafficking Training for Border Guards – Trainer’s Manual” and the “Handbook for diplomatic and consular personnel on how to assist and protect victims of human trafficking” of the Council of the Baltic Sea States (CBSS). Frontex also publishes and updates annually a Handbook on Risk Profiles on Trafficking in Human Beings aiming to assist border guards at air, land and sea borders in the identification of potential victims of trafficking in human beings, especially during first- and second-line checks on entry into the EU. 3.6.Trends in the use of the internet and new technologies New and constantly evolving technological developments of cyberspace result in the internet providing new spaces for traditional forms of crimes, including increased use by organised criminals operating on trafficking in human beings. The internet and new technologies enable organised crime groups to access a large pool of potential victims, hide their activities and carry out a wide range of criminal acts in a shorter period of time and on a much larger scale than ever before. Member States report that many victims of trafficking, especially victims of sexual and labour exploitation, are recruited online. Europol explains that "the internet is a key facilitator for trafficking in human beings, with an impact on the entire trafficking chain from recruitment and transportation to the harbouring of the victims and their actual exploitation"; however, on the other hand, "the internet, online technologies and large amounts of openly available data can also enhance the work of law enforcement agencies, since a combination of advanced computer-assisted data gathering and analysis techniques can detect online trafficking". Use of the internet by traffickers in the Member States Greece reports that traffickers are taking advantage of new sophisticated technology and on-line recruitment methods through the extensive use of the internet and social media networks (“virtual” job opportunities etc.). They further report that the Internet is also a formidable platform for communicating their “supply of products” to a vast audience that demands the “consumption” of prostitution and pornography. Hence, commercial sexual exploitation has been largely carried out by traffickers through on-line chats, blogs and advertisements “promoting” the sexual services of their victims into the legal prostitution market. The focus of the European Commission activities in this field is to identify how new technologies can best function as tools for prevention. In this regard, to mark the Seventh EU Anti-Trafficking Day, the Lithuanian Presidency and the European Commission organised in Vilnius, on 18th October 2013, a conference entitled "Exploring the Links between the Internet and Trafficking in Human Beings: Cyberspace for Prevention, not Recruitment". The conference aimed at exploring and raising awareness on the links between the Internet and trafficking in human beings and improving cooperation between Member States working together with different stakeholders in this context. It further aimed at ensuring coherence by bringing together different stakeholders, including the civil society and the private sector in order to improve anti-trafficking responses and addressing the numerous challenges in this field. It focused on the different areas of prevention, law enforcement and prosecution, assistance and protection of victims with the purpose to facilitate discussions on the ways to work together to target trafficking in human beings specifically via Internet. Member States and civil society actively participated at the event. The European Commission is building upon the discussions and results of the aforementioned conference and is further exploring the links between trafficking in human beings and the use of new technologies including using input from Europol data on the recent developments. Recommendations on how to enhance efforts in this area and to best address new technologies, as a tool for trafficking in human beings, will be issued during 2016.



4.RESULTS OF ACTIONS TO ADDRESS TRAFFICKING IN HUMAN BEINGS Article 19 of the Anti-trafficking Directive establishes that National Rapporteurs or equivalent mechanisms shall measure the results of the anti-trafficking actions undertaken by the Member States, and the relevant information should be part of the European Commission Report required by Article 20. This section of the report highlights the main kinds of actions undertaken by Member States in the following three main thematic areas as per the Anti-Trafficking Directive and the EU Strategy: A.Criminal law, investigation and prosecution (with focus on financial investigations;

B.Identification, protection and assistance (with focus on the setting up of national referral mechanisms); C.Prevention (with focus on actions taken by Member States to prevent the crime as provided by Article 18 of the Anti-Trafficking Directive) Most Member States have demonstrated and in some cases also highlighted the difficulty of measuring the results and indeed the impact of anti-trafficking actions. This can partly be attributed to the dynamic process of transposition of the Anti-trafficking Directive, which is a comprehensive instrument targeting prosecution, protection and prevention: Member States have recently started to develop the necessary implementing measures and only a few have developed relevant indicators, or have regularly and consistently evaluated their national strategies and action plans. Finally, one of the most important challenges in addressing trafficking in human beings, identified by both Member States and civil society, is the limited availability of resources allocated to anti-trafficking actions, victims assistance and prevention measures. This issue is addressed in the final chapter of this section.



1. 2. 3. 4. 4.1.Criminal law, investigations and prosecutions As indicated above, trafficking in human beings has been identified by the Council of the EU as one of the priority crimes under the EU Policy Cycle on Serious and Organised Crime (EMPACT) 2014-2017. As envisaged in the EU Strategy, the European Commission works closely with EMPACT THB to provide for synergies between the implementation of the EU legal and policy framework and the operational work of law enforcement authorities, as well as to step up cooperation between civil society organisations and law enforcement authorities in the Member States. The Anti-trafficking Directive establishes a number of obligations for the Member States in order to ensure that cases of trafficking in human beings are effectively investigated and prosecuted; that penalties are effective, proportionate and dissuasive; and that investigations and prosecutions are not dependent on reporting or accusation by the victims (Articles 4-9 of the Anti-Trafficking Directive). Increasing the number of investigations and prosecutions is one of the key priorities of the EU legal and policy framework addressing trafficking in human beings. However, it is also one of the key challenges reported by the Member States. In fact, trafficking in human beings is a crime often difficult and costly to detect and investigate. The investigations in this field require a substantial body of evidence in order to reach a conviction. In particular, practitioners note that excessive burden is placed on victims and their testimonies both before and during criminal proceedings for evidence gathering, while, according to the Anti-trafficking Directive, investigative tools and approaches should ensure that victims, either acting as witness or not, are not burdened excessively during procedures that can cause secondary trauma to them. This burden could be alleviated by promoting the use of intelligence-led investigations, including financial investigations, which can provide a diversity of evidence to be used in addition to victim's testimonies, as a key tool to prevent, detect and dismantle organised crime activities through the analysis of the "paper trail" beyond the sole "money trail" used for asset recovery purposes. It has to be recalled that trafficking in human beings is driven by profits, which in turn further fuel demand for different forms of exploitation. These profits can be traced in legal sectors engaged in legal business, legal sectors engaged in illegal business, and illegal sectors. In this context, the European Commission, in line with the Council recommendations , has consistently encouraged the Member States to strengthen their efforts to ensure that financial (including asset-recovery) investigations are used regularly and systematically in cases of trafficking in human beings, in order to ensure successful investigations resulting in convictions and reduce the reliance and "dependence" on the victim's statements. Internal Security Fund call for proposals The importance of proactive financial investigations is reflected in the Internal Security Fund 2015 Call for proposals dedicated to trafficking in human beings, of 3 million EUR, which included as priority actions promoting the use of proactive financial and intelligence led investigations, and has provided funding for projects addressing demand reduction. The following sections summarise the main actions undertaken in the field of investigation and prosecution, based on the contributions from the Member States as well as the information provided by JHA Agencies, in particular Eurojust and Europol, and EMPACT THB. This section includes a specific focus on the use of financial investigation. 4.1.1.Low level of investigations, prosecutions and convictions Based on the previous Eurostat data and the latest data transmitted by the Member States for the Report, the level of prosecutions and convictions remains worryingly low, especially when compared to the number of victims identified. This trend has been also confirmed by the GRETA reports, concluding that there is an important gap between the number of identified victims of trafficking and the number of convictions, and referring to several factors such as over-reliance on victims’ statements, issues around the credibility of witnesses who may change their statements over time, difficulties in relation to the sufficiency of evidence, or non-specialised and prejudiced investigators, prosecutors and judges.

During the years 2013 and 2014, Member States reported 4 079 (2 059 + 2 020) prosecutions in the EU and 3 129 (1 524 + 1 605) convictions for trafficking in human beings. According to information provided by Eurojust within the framework of the "Strategic Project Eurojust Action against Trafficking in Human Beings", there are seven main difficulties in investigating and prosecuting cases of trafficking in human beings most commonly faced by the national authorities: difficulties encountered in the identification of victims and/or cases; difficulties in obtaining evidence; frequent reliance solely on victims’ testimony, disregarding other sources of evidence (which could hamper a successful prosecution); legislation issues (substantive and procedural law); standards of evidence required to successfully prosecute cases; lack of experience and lack of specialised knowledge on trafficking in human beings; and the multilateral dimension of cases of trafficking in human beings, which is seen as too burdensome by national authorities. This is also confirmed by the main findings of the Study on the case law on trafficking in human beings for the purpose of labour exploitation , which highlights the diversity of practices amongst Member States, challenges in prosecution including problems with securing evidence, the lack of availability and use of resources, the need for more regular and specific training and the need for better equipment. Reasons for this discrepancy may vary. One of the main factors reported by Member States is related to the high evidentiary threshold applied by national courts, which leads to qualify cases of trafficking in human beings as crimes of lesser degree – such as procuring or pandering instead of trafficking for the purpose of sexual exploitation, or breach of labour laws or fraud instead of trafficking for the purpose of labour exploitation – resulting in minor convictions. In this respect, the use of financial investigations and online tracing tools could enable law enforcement and prosecutorial authorities in gathering evidence and not relying excessively on victims and their testimonies. Investigations and prosecutions in the Member States Sweden reports that, following a project implemented by the Prosecutions Service in order to increase the number of convictions for trafficking in human beings, prosecutions for trafficking in human beings quite often lead to the conclusion that there is not enough evidence for full-scale conviction for trafficking in human beings. The Swedish Government launched an inquiry to evaluate the application of the penal provision on trafficking and to examine how law enforcement investigate and handle trafficking cases. As regards trafficking in human beings for the purpose of sexual exploitation, Finland highlights that the Criminal investigation process often lacks an understanding or consideration of the dynamics of the sexual exploitation and the impact of the violence and exploitation on the victims. In Ireland, An Garda Síochána (Irish Police) places particular importance on ensuring that its members receive training which will equip them to tackle human trafficking. A specialised anti-THB training course entitled ‘Tackling Trafficking in Human Beings: Prevention, Protection and Prosecution’ has been running for the last several years. The course focuses on alerting operational personnel within An Garda Síochána to the existence of THB, empowering them to identify victims so as to provide for their wellbeing and ensuring initiation of criminal investigations, where appropriate. In Lithuania the National Law Institute in cooperation with the Ministry of Justice organised a practical seminar for practitioners, private sector and NGOs as regards the problem to applying the criminal responsibility for crimes of trafficking in human beings. Civil society stresses that the overall law enforcement capacity to respond to trafficking in human beings remains low, despite some successful cases, and that investigations are often dependant on the good will and perseverance of individual officers. Also, there is a lack of targeted training for police and prosecutors, and limited or no development of specialised units. Some civil society organisations highlight a general lack of knowledge on trafficking and how this impacts the position of victims across prosecutors and the judiciary (instances have been reported in which trafficked adults and children were misidentified as offenders). In order to address this issue, the European Commission considers it important that Member States implement the obligations of the Anti-trafficking Directive (Article 9) including ensuring regular and tailor-made training to police, prosecution services and judiciary, accompanied by the regular and systematic use of financial investigation (in its entire scope) and – when appropriate – the use of innovative techniques. Some Member States have already taken significant steps in this direction but more needs to be done. In this regard, it is important to mention the training activities for the police organised and provided by CEPOL, the European Police College . These challenges have also been identified in GRETA reports. Investigators, prosecutors and judges who are not specialised and trained to deal with trafficking cases may be prejudiced vis-à-vis victims of trafficking and insensitive to the problems experienced by them. Perpetrators are sometimes prosecuted successfully for offences other than trafficking in human beings when the available evidence is not sufficient to support a trafficking in human beings offence. GRETA reports expressed concerns having found in some countries that the sentences for trafficking in human beings appeared to be unduly lenient or the perpetrators were given suspended sentences. GRETA has also stressed the need to improve the training and specialisation of judges, prosecutors, police investigators and lawyers regarding trafficking in human beings and the rights of victims of trafficking, stressing the severe impact of exploitation on victims and the importance of ensuring that victims are prepared psychologically before they give statements. Ultimately, GRETA has urged 17 countries to address gaps in the investigation and the presentation of cases in court. 4.1.2.Rights of the victims in the context of investigation and prosecution One of the main principles enshrined in the Anti-trafficking Directive is the protection of victims during criminal investigations and proceedings (Article 12). Victims should have access to legal counselling and representation, appropriate protection such as in the framework of witness protection programmes, and any risk of secondary victimisation during the proceedings should be prevented. As reported by Finland, providing assistance for victims of trafficking should be considered as a way of reinforcing their trust in the criminal investigation authorities and thereby advancing the bringing to justice of the perpetrators of trafficking in human beings, and by extension the prevention of human trafficking in general. The Swedish national rapporteur against trafficking in human beings reports that an analysis of judgements in 2012 shows that "it is often difficult for the courts to understand the seriousness of the pressure and abuse the victims have suffered if the violence is not evident. Not only the police but also prosecutors and judges need to regularly enhance their competence and exchange knowledge as well as to prioritise the work to fight this crime" . Civil society reports that victims of trafficking in human beings are frequently refused assistance at police stations and are told that their problem is not a police matter. They point to the fact that where specialisation is developed or specialist anti-trafficking units have been formed, trafficking has been tackled with greater success, and that in the climate of austerity and cuts, focused and proactive anti-trafficking operations can be cost-effective. Civil society also highlights many instances where victims are misidentified as offenders, and subsequently prosecuted and convicted. The continued criminalisation of victims has been raised as a widespread problem. However, it is reported that if identification occurs at an early stage, especially during the pre-charge period, the criminalisation of trafficked persons can be prevented and the investigation and prosecution authorities can focus on the underlying problem – the crime of trafficking. Victims’ rights during investigation and prosecution in the Member States Belgium reports the implementation of a comprehensive Ministerial Directive concerning Investigative and Prosecutorial Procedures on trafficking in human beings, focusing on a multi-disciplinary approach and providing a coordination structure for specialised magistrates on anti-trafficking. One of the main principles stipulated by this Directive is that each action during the investigation and prosecution process must duly respect the victims’ rights, even if they have broken a Belgian law (such as illegal residence situation, infringement of the social security legislation). 4.1.3.The use of innovative techniques

Some Member States (such as BE, ES, SE) highlight that more work should be done to systematically carry out proactive intelligence-led investigations; in this context, they advocate the use of innovative techniques such as observations, interceptions, information from monitoring and neighbourhood outreach, reliable informants and tipsters could play an important role both in terms of identification of victims as well as gathering evidence needed for successful investigations and prosecutions. They also highlight that the use of these techniques must respect the relevant national laws, including on data protection and privacy protection. 4.1.4.Seizure and confiscations Some Member States report practical problems related to the application of seizure and confiscation to the cases of trafficking in human beings, including problems with detection of criminal proceeds and inefficient international cooperation when the money has been sent to the country of origin outside EU. An important aspect to highlight is that several Member States (such as BE, PL, HU) report that carrying out financial investigations (in its asset recovery dimension) leads to more seizures and therefore more confiscations. Some Member States do not apply systematically legal provisions for seizure and confiscation to trafficking cases; though seizure is not a prerequisite condition for confiscation, if it has not occurred, later confiscation may be problematic because defendants will have had the chance in the meantime to modify their assets and/or transfer them. In this regard, it has to be noted that the ability of Member States' authorities to freeze and confiscate the proceeds of trafficking in human beings could be considerably enhanced by the implementation, by the end of 2016, of the 2014 Directive on the freezing and confiscation of instrumentalities and proceeds of crime . This Directive foresees far-reaching legal measures (for example allowing the freezing and confiscation of property transferred to, or acquired by, third parties) which apply to the proceeds of the most serious forms of organised crime, including trafficking in human beings. At the same time, the improved cooperation between the Asset Recovery Offices in the Member States will enhance the possibilities to identify and trace the proceeds of trafficking in human beings across the Union. Enhanced use of the Camden Assets Recovery Interagency Network CARIN could facilitate the tracing of assets in the non-EU Countries where the proceeds of trafficking are repatriated. Examples of freezing, seizure and confiscation of assets in the Member States Austria reports to have established specialised prosecutors for freezing, seizure and confiscation of proceeds of crime, with trafficking in human beings as one of the criminal activities of particular focus. In Denmark the Director of Public Prosecutions has developed a comprehensive set of guidelines to police officers and prosecutors on the handling of cases of human trafficking. The guidelines were published in February 2015 and describe specific measures that may be taken in order to confiscate assets of perpetrators, e.g. assistance from taxation authorities and relevant prosecution units which assists the police districts in tracing and seizing assets derived from crime. France reports that a dedicated unit was set up to assist the police in seizure of criminal assets. In Germany, assets totalling approximately EUR 550 000 were provisionally seized during a total of 17 investigations conducted at home and abroad into trafficking in human beings for sexual exploitation and labour exploitation in connection with proceedings in Germany in 2013. 4.1.5.The use of joint investigations and joint investigation teams Various Member States (such as, BE, BG, ES, HU) refer to their efforts and positive experiences with joint investigations and joint investigation teams (JITs) and provide useful examples of growing cross-EU cooperation in this context. The EU Strategy highlights that joint investigations and JITs constitute very useful tools to support and help investigate cross-border cases of trafficking in human beings and build up closer cooperation and trust between the Member States. The European Commission encourages the use of JITs and has funded some projects aimed at sharing best practices and know-how in this field. This approach has also been emphasised in the Council Conclusions endorsing the EU Strategy which invite the Member States to "further promote establishing joint investigations or joint investigation teams among Member States and with third countries as an effective tool to tackle trafficking in human beings and enhance law enforcement cooperation with judicial authorities". In addition, Member States refer to several operational and coordination meetings organised by Europol and Eurojust to which they participate to exchange information. The role of the two EU agencies is crucial in these efforts. 4.1.6.The key importance of the use of financial investigations

As highlighted earlier, trafficking in human beings is a highly profitable form of crime. It is a financially and demand driven crime that renders enormous profits to traffickers. It exists because of interplay between the profits and the demand which fosters all forms of exploitation. Based on the available sources, it is challenging to estimate the overall profits derived from trafficking in human beings in the EU. In this regard, it can be helpful to take into account the International Labour Organisation (ILO) estimates on forced labour. Though forced labour and trafficking in human beings are two distinct legal concepts, they can overlap in practice, so the ILO estimates on forced labour can help to have an idea of the magnitude of the profits deriving from trafficking in human beings. Based on these ILO data and other open sources, Europol estimates as 29.4 billion EUR the global annual profit of trafficking in human beings; out of this, 23.5 billion EUR are the profits from sexual exploitation in the developed countries including the EU Member States, and 3.5 billion EUR the profits from labour exploitation. Against this background, the EU legal and policy framework addressing trafficking in human beings emphasises the need to follow the money involved in trafficking in human beings, including conducting more proactively financial (including asset-tracing) investigations related to cases of trafficking in human beings. Article 9 of the Anti-trafficking Directive provides that Member States shall take all the necessary measures to ensure that effective investigative tools are available to investigation and prosecution authorities; and that investigation and prosecution should not be dependent on reporting or accusation by the victims. Financial investigations has been recognised as one of the most important tools for the implementation of these obligations; in fact, knowledge of financial flows allows the entire chain of trafficking in human beings to be investigated and the evidence gathered might provide the necessary additional proof, thus relieving victims of the burden of testifying in court and help disrupting the criminal networks involved. Financial investigations are crucial also because the huge financial money flows deriving from trafficking in human beings enter into the circuits of the legal economy. For this reason, Article 5 of the Anti-trafficking Directive contains provisions relating to the liability of legal persons for trafficking in human beings. Most Member States conduct financial investigations in parallel or as part of an anti-trafficking investigation. Some Member States (such as BE, CY, CZ, NL) report that financial investigations have helped identify more suspects and is generally an enabling tool; however, they are not always in a position to conduct impact analysis, because of time and resource limitations. The Czech Republic reports that financial investigation is particularly useful as a tool for cases where cashless money transfers are used, such as trafficking in human beings for the purpose of labour exploitation. In some cases, financial intelligence units participating in inter-departmental coordination along with all other stakeholders or authorities are using same data bases enabling better coordination (BE, AT). Other relevant units involved in such investigation can be cyber-crime units, offices for asylum and migration, asset recovery, tax authorities. Multiagency cooperation in the Member States In the Netherlands, the Tax and Customs Administration (in particular the Fiscal Intelligence and Investigation Department/Economic Surveillance Department (FIOD-ECD) and the chamber of commerce are considered as crucial partners in effectively combating human trafficking. The Tax and Customs Administration, for example, can identify cases when they carry out audits in the sex industry and other sectors and can play a role in tackling offenders through tax law. The Financial Intelligence Unit Nederland (FIU-Nederland) can have an important signalling function and provide support for investigating services in the context of investigations of money flows relating to human trafficking. FIU-Nederland is formally part of the National Police but functions independently. It collects reports of unusual financial transactions – from institutions such as banks – but also provides advice and assistance to investigating agencies and can even make proposals to start a criminal investigation. Some Member States (such as PL) mention the lack of specific legal provisions to conduct financial investigations. Other Member States (such as CY) also report the slowness of court proceedings and the lack of access by the police to databases such as the social security, tax agency and bank accounts among the main shortfalls identified in combating money laundering and in demonstrating the possible liability of a financial institution or professionals; and that direct access without court authorisation would speed up investigations and court proceedings in this respect. According to Europol, traffickers frequently abuse legitimate business structures to conceal their illicit activities; for example, hotels, massage parlours, nail bars, sauna clubs and cafés may provide cover for prostitution activities. Member States (such as EL) confirm that financial investigations are crucial to identify how criminal networks active primarily in the field of commercial sexual exploitation establish legal businesses with the intention to launder the great amount of money gained from those illegal activities. Cooperation with the Private Sector in the Member States In the Czech Republic, a pilot cooperation with the private sector was launched in 2013, a preventive campaign called "Journey without risks: Make a movie, warn, win!" A private transport company was involved and provided screening time in its buses and prizes for the winners. The videos have been then placed also on Youtube and Facebook. Although business activity can both perpetuate trafficking in human beings and contribute to its eradication, most companies are unaware of the linkages and one of the priorities of the European Commission is to ensure that the private sector does become aware and is also held accountable for trafficking in human beings. EU legislation is at the forefront of ensuring that businesses and legal persons can be sanctioned for trafficking in human beings. Not only individuals but also companies can face the law if involved in trafficking in human beings. The Anti-trafficking Directive creates legal obligations of businesses, namely the liability and sanctioning of legal persons for trafficking in human beings offenses (Article 5). However, it has to be reported that so far very few Member States have prosecuted private companies or legal persons for trafficking in human beings as required under Article 5 of the Directive. Corporate Liability of the Supply Chain in the Member States In Belgium the national authorities have included the need to carry out financial investigations making it possible both to detect trafficking in human beings concealed behind complex legal constructs involving front-companies or the use of bogus self-employed workers and to freeze, seize and confiscate the assets and incomes of perpetrators of trafficking, including to compensate victims, in the Action Plan 2012-2014. In a Belgian case, the court of Ghent established the corporate liability of a supply chain under anti trafficking laws. In Austria, the Financial Police is a special unit of the Ministry of Finance whose tasks include tax supervision, combating social insurance fraud, detection of illegal employment of foreigners, and combating wage and social dumping in the posting of workers, including investigating false or feigned notifications of workers. […] Labour market controls by the Financial Police include every working place, including brothels and other sex work locations, with some restrictions in respect of the private sphere. GRETA considers that the Austrian authorities should collect and monitor data from the Financial Police on cases of trafficking in human beings and the types of exploitation involved. Based on the information gathered for the Report, Member States do not seem to use enough effective investigative tools, and financial investigations are mostly conducted on a case-by-case basis, but not systematically. In practice, they are also often limited to the sole asset recovery investigation in opposition with the FATF standards and the Council recommendations . Furthermore, although business activity can both perpetuate trafficking in human beings and contribute to its eradication, most companies are unaware of the links involved. In order to increase the number of investigations and prosecutions and alleviate the burden placed on victims during proceedings, information indicates a need for developing regular and tailor-made training for investigators, prosecutors and judges, systematically using financial investigation in its entire scope and other effective intelligence-led investigative tools, and dedicate sufficient financial and human resources. 4.2.Identification, protection and assistance

A victim-centred approach is at the heart of the EU anti-trafficking legislation and policy. The importance of this approach is reflected in Article 11(4) of the Directive, which provides that Member States shall take the necessary measures to establish appropriate mechanisms for the early identification of, assistance to and support for victims, in cooperation with the relevant support organisations. However, providing unconditional access to assistance, support and protection to victims remains a challenge for most Member States. Victims are hesitant to cooperate with the authorities in criminal proceedings and investigations, and this can still jeopardise their access to assistance and support. 4.2.1.Identification The importance of early identification of victims of trafficking in human beings is reflected both in the Anti-Trafficking Directive and EU Strategy. A specific action envisaged in the EU Strategy and confirmed by the Council Conclusions invites Member States to develop or update functional National Referral Mechanisms (NRMs). These mechanisms should describe procedures to better identify, refer, protect, assist and support victims, and include all relevant authorities and civil society organisations. Following this, many Member States have developed models at the national level and established mechanisms. However, it remains a challenge. In fact, despite the continuous focus by Member States on identification of vic