EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 25.3.2009 
SEC(2009) 358  
COMMISSION STAFF WORKING DOCUMENT 
 
Accompanying document to the 
Proposal for a
 
 
COUNCIL FRAMEWORK DECISION 
 
on preventing and combating trafficking in  human beings, and pr otecting victims, 
repealing Framework Decision 2002/629/JHA 
  
IMPACT ASSESSMENT  
  
{COM(2009) 136 final} 
{SEC(2009) 359}
 
EN 2   EN EXECUTIVE SUMMARY  
Trafficking is considered one of the most se rious crimes worldwide, a gross violation of 
human rights, a modern form of slavery,1 and an extremely profitable business for organised 
crime. It consists of the recruitment, transfer  or receipt of persons, carried out by coercive, 
deceptive or abusive means, for the purpose  of exploitation including sexual or labour 
exploitation, forced labour, domestic serv itude or other forms of exploitation.  
Although trafficking in the EU is often linke d with illegal immigration and smuggling, there 
is a clear difference. Trafficking is a crime wh ich infringes fundamental rights of the persons, 
while smuggling is a violation against legislati on protecting the borders. In the case of illegal 
migration facilitated by a smuggler there is  an agreement between  the migrant and the 
smuggler, and the relationship between the two e nds when the person enters the territory of 
the receiving State. In a case of trafficking illi cit means such as coerci on, deception or abuse 
of a position of vulnerability are used at a certain  stage of the trafficking process; in addition, 
the transfer of the person is carried out for the purpose of fu rther exploitation, which normally 
starts in the country  of destination.  
Social vulnerability is arguably the principal ro ot cause of trafficking. Vulnerability derives 
from economic and social factors such as poverty, gender discrimination, armed conflicts, 
domestic violence, dysfunctional families, personal conditions such as age or health 
conditions or disabilities. Such  vulnerability is used by international organised crime 
networks to facilitate migration and subsequently severely exploit people by use of force, threat, coercion, or various forms of abuse such as debt bondage. In f act the high level of 
profits deriving from the crime is a major underlying driver. The demand for sexual services and cheap labour in countries of dest ination is a concurrent driver.  
A person can be trafficked for the purpose of sexual exploitation or for other illicit purposes 
such as labour exploitation or  domestic servitude. Although also young men are trafficked, 
mostly for the purpose of labour exploitation, women and girls are s till the majority of 
trafficked persons. Indeed, the root causes of trafficking include also gender discrimination 
and domestic violence and therefore trafficki ng is considered a form of gender-based 
violence. Children are trafficked to  be exploited in activities asso ciated with begging or illicit 
activities. Both girls and boys are trafficked for the purpose of sexual exploitation. Trafficking 
can also be carried out for th e purpose of the removal of organs. Although trafficking is 
mostly a criminal phenomenon coming from th ird countries, especia lly after the last 
enlargement there are flows of trafficking within the EU area. Cases of internal trafficking are 
also reported by national monitoring mechanisms.
2 
The response to trafficking must be robust, and aimed at both prosecuting the crime and 
protecting victims.  
At the international level, the UN 2000 Protocol  to Prevent, Suppress and Punish Trafficking 
in Persons, especially Women and Children,  supplementing the UN Convention against 
Transnational Organized Crime,3 was the first comprehensive international instrument dealing 
with trafficking in human beings. The Coun cil of Europe Convention on Action against 
Trafficking in Human Beings4 is regarded as constituting the highest international standard to 
                                                 
1 Georgina Vaz Cabral, La traite des êtres humains. Réalités de l'esclavage contemporain , Paris, 2006. 
2 For example, cases of internal trafficking have been reported by the Sixth Report of the Dutch National 
Rapporteur, 2008. 
3 United Nations Protocol to prevent, suppress and punish trafficking in persons, especially women and 
children, supplementing the United Nations Convention against transnational organised crime, 2000. 
4 Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197). 
 
EN 3   EN date. At the EU level, the Framework Decisi on on combating trafficking in human beings 
2002/629/JHA5 especially addressed the need fo r approximation of criminal law and 
penalties6.  
Although Member States generally complied with the essential requirements of the 
Framework Decision, more has still to be  done concerning th e implementation of 
comprehensive and effective anti-trafficking policy.  
Various policy options have been examined as  a means to achieve the identified objectives. 
• Policy option (1): No new EU action 
• The EU would take no action to combat traffi cking, while Member States may continue the 
process of signature and ratification of C ouncil of Europe Convention on action against 
trafficking in human beings.  
• Policy Option (2): Non legislative measures 
FD 2004/629/JHA would not be ame nded. Non legislative measures could be put in place in 
the areas of victim support schemes, monito ring, prevention measures  in countries of 
destination, prevention measur es in countries of origi n, training, law enforcement 
cooperation.  
• Policy option (3): New legislation on pr osecution, victim support, prevention and 
monitoring 
A new FD would be adopted, incorporating the provision of the existing FD, including certain 
provisions of CoE Convention, and additional el ements. In particular, the new FD would 
contain provisions in the areas of substan tive criminal law, juri sdiction and prosecution, 
victims' right in criminal proceedings, victim  assistance, special protective measures for 
children, prevention, and monitoring.  
• Policy option (4): New legislati on (as in option 3) + non legisl ative measures (as in option 
2)  
– A new FD would be adopted, incorporating th e existing FD and incl uding new provisions. 
The new FD would be supplemented by non legisl ative measures, and in particular those 
identified in option 2. 
– Analysis of impacts:  
Option 1  (status quo) may provide significant improve ment if Member States sign, ratify and 
implement CoE Convention CETS No. 197. Ho wever, the lengthy national ratification 
procedures in the absence of an EU legally binding framework make uncertain when and to 
what extent the benefits of that Convention will put into practice.  
Option 2  would enhance the effectiveness in th e implementation of the existing legal 
framework, but it would be insufficient to impr ove prosecution in a num ber of areas where a 
specific legal basis is required. In addition, th e low level of implementation of non binding 
documents adopted in the past does not allow positive expectation concerning the 
effectiveness of Option 2. 
                                                 
5 2002/629/JHA, cit.  
6 Report based on Article 10 of the Council Framework Decision of 19 July 2002 on combating 
trafficking in human beings, COM (2006) 287 final. 
 
EN 4   EN Option 3  would improve matters in comparison to the current situation.  It would strengthen 
legislation in the areas covered by the current EU legislation on prosecution of the offenders 
and protection of victims. It would also address prevention a nd monitoring. The financial cost 
is expected to be outweighed by the social and economic benefit of more efficient action 
against this crime. 
Option 4  would multiply the effectiveness of the measures in option 2 and 3 by combining 
them and encouraging Member States to coope rate on setting up tools and acting to improve 
the implementation of the more comprehensive le gal framework that will be put in place. 
Following the analysis of economic impact, so cial impacts, and impacts on fundamental 
rights, Option 3 and 4 present the best approach  to the problems and achieve the identified 
objectives. The preferred op tion would be option 4.  
1. PROCEDURAL ISSUES AND CONSULTATION OF INTERESTED PARTIES  
1.1 Background 
1.1.1.  Policy context 
The Commission's Work Programme for 20097 includes a proposal to amend Council 
Framework Decision 2002/629/JHA on comb ating trafficking in human beings8 (hereafter: 
"FD on trafficking"). Together with th e proposal on revising the FD 2004/68/JHA on 
combating the sexual exploitation of children and child pornography,9 this proposal will be 
part of an organised crime package.  
The UN Convention on the Rights of the Child, adopted in 1989 set out to protect children 
from all forms of sexual exploitation and sexu al abuse. This obligation comprises sexual 
exploitation and abuse perpetrated in the c ontext of trafficking in human beings.  
In 2000, the UN adopted a Protocol to Prevent,  Suppress and Punish Trafficking in Persons, 
especially Women and Children, supplementi ng the UN Convention against Transnational 
Organized Crime.10 The Protocol was the first comprehens ive international instrument dealing 
with trafficking in human beings, and entered into force on 25 December 2003. So far 124 States are parties in the Protocol. All EU Me mber States have signed the Protocol, out of 
which 23 have ratified it. The European Co mmunity signed and subsequently approved the 
Convention on 6/9/2006. On the basis of the Protocol and the Convention, a process of 
harmonization of criminal legislation has been  carried out at the international level.  
The Framework Decision on combating trafficking in human beings
11 was adopted on 19 July 
2002. The Framework Decision responded, as stated in its recitals, to a generally perceived 
need to address the serious criminal offence of trafficking in human beings at EU level. The 
Framework Decision went further compared to the Protocol, espe cially concerning the 
approximation of penalties. A report on the implementation of the FD was adopted by the 
                                                 
7 COM(2008) 712. 
8 Council Framework Decision of 19 July 2002 on combating trafficking in human beings 
(2002/629/JHA), OJ L 203, 1.8.2002. 
9 Council Framework Decision of 22 December 2003 on combating the sexual exploitation of children 
and child pornography, OJ L 13, 20.1.2004. 
10 United Nations Protocol to prevent, suppress and punish trafficking in persons, especially women and 
children, supplementing the United Nations Convention against transnational organised crime, 2000. 
11 2002/629/JHA, cit.  
 
EN 5   EN Commission in May 2006.12 The Directive 2004/81/EC on re sidence permits provides for 
assistance and residence status for third country nationals who are victims of trafficking in 
human beings.13 
The importance of taking further action to stre ngthen the fight agains t trafficking in human 
beings was underlined in the Hague Progr amme for 2005-2009, on strengthening freedom, 
security and justice in the European Union.14 In 2005, an EU Plan on standards and 
procedures to prevent and combat trafficki ng in human beings, focusing on both regulatory 
and non-regulatory actions, was adopted.15  
The Council of Europe Convention on Acti on against Trafficking in Human Beings16 entered 
into force on 1 February 2008. is regarded by e xperts as constituting the highest international 
standard to date, since it provides a compre hensive and coherent framework covering 
prevention, cooperation between different ac tors, protection and as sistance to victims, 
obligation to criminalise trafficking, rules and instruments to facilitate investigation and prosecution, including procedural law. Implemen ting such measures woul d lead to significant 
improvements. As of January 2009, the Convention has been ratified by 11 EU Member States. Another 14 have signed and ar e in the ratification process.  
A Commission Working Document in Octobe r 2008 assessed anti-trafficking policy in 
Member States ((hereafter: ‘MS’) and the implementation of the EU Action Plan, and 
indicated a number of key actions to be implemented in 2009.
17 In the Document the 
Commission considered revising the Framework Decision on comb ating trafficking in human 
beings, in particular with a view to ensuring more effective victims' support. 
1.1.2.  Organisation and timing 
An Inter-service steering group was set up, including DG RELEX, DEV, AIDCO, EMPL, 
SANCO, in addition to SG and SJ. The st eering group met on 1 October and 1 December 
2008. 
The proposed new FD is scheduled for adoption as part of a package for tackling organised 
crime in Europe in March 2009.  
1.1.3.  Consultation and expertise 
Following the request from the Council for an evaluation of the implementation of the EU 
Plan, a questionnaire was circulated by th e Commission in December 2007 among Member 
States (MS). 23 MS, plus Norway, replied. The results fed into the above mentioned Commission Working Docume nt adopted on 17 October 2008, the second EU Anti-
Trafficking Day.
18  
                                                 
12 Report based on Article 10 of the Council Framework Decision of 19 July 2002 on combating 
trafficking in human beings, COM (2006) 287 final. 
13 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third country 
nationals who are victims of trafficking in human beings or who have been the subject of an action to 
facilitate illegal immigration, who cooperate with the competent authorities, OJ L 261, 6.8.2004.  
14 OJ, 12.8.2005 (2005/C 198/01). 
15 OJ, C 311, 9.12.2005. 
16 Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197). 
17 Commission Working Document "Evaluation and monitoring of the implementation of the EU Action 
Plan on best practices, standards and procedures for combating and preventing trafficking in human 
beings", COM(2008)657. The Document was drafted on the basis of 24 replies to a Questionnaire circulated by the Commission in December 2007, and information transm itted by various bodies such as 
Europol and Eurojust. 
18 See previous footnote.  
 
EN 6   EN Three consultative meetings we re carried out. The Group of E xperts on trafficking in human 
beings met on 2-3 October 2008,19 and after extensive discussion issued a written opinion. A 
consultative meeting with experts from diff erent background including governments, law 
enforcement, NGOs, international organisations and Universities was held on 7 October 2008. 
Following the meeting, all experts were invite d to transmit written comments, and several 
experts did. A meeting with Member States' representatives was held on 17 October 2008.  
The general principles for consultations laid  down by the Commissi on have been broadly 
respected. A wide range of stakeholders, including governments, NGOs and independent 
experts took part in detailed di scussions on the legislative plan s well before these plans were 
finalized. A summary of the views of st akeholders is at paragraph 2.9 below. 
2. PROBLEM DEFINITION  
2.1 What is the problem? 
Trafficking is considered one of the most se rious crimes worldwide, a gross violation of 
human rights and a modern form of slavery,20 and an extremely profitable business for 
organised crime. In conformity with the intern ationally agreed legal definition contained in 
the UN Protocol and the C ouncil of Europe Convention,21 trafficking is the recruitment, 
transfer or receipt of persons, carried out by coercive, deceptive or abusive means, for the 
purpose of exploitation including sexual or labour exploitation, forced labour, domestic 
servitude or other forms of exploitation.  
Although trafficking in the EU is often linke d with illegal immigration and smuggling, there 
is a clear difference. Trafficking is a crime wh ich infringes fundamental rights of the persons, 
while smuggling is a violation against legislati on protecting the borders. In the case of illegal 
migration facilitated by a smuggler there is  an agreement between  the migrant and the 
smuggler, and the relationship between the two e nds when the person enters the territory of 
the receiving State. In a case of trafficking illi cit means such as coerci on, deception or abuse 
of a position of vulnerability are used at a certain  stage of the trafficking process; in addition, 
the transfer of the person is carried out for the purpose of fu rther exploitation, which normally 
starts in the country of destination. A pers on can be trafficked for the purpose of sexual 
exploitation or for other illi cit purposes such as labour ex ploitation or domestic servitude. 
Although young men are trafficked mostly for th e purpose of labour expl oitation, women and 
girls are still the majority of trafficked person s. In fact gender disc rimination and domestic 
violence are major root causes of  trafficking.. Therefore traffick ing is considered a form of 
gender-based violence. Children are mostly trafficked to be exploited in activities associated 
with begging or illicit activities. Both girls and boys are trafficked for the purpose of sexual 
exploitation. In accordance with the UN Prot ocol and the Council of Europe Convention on 
action against trafficking in human beings,22 trafficking can also be carried out for the purpose 
of the removal of organs. Trafficking in Eur ope still remains a criminal phenomenon coming 
                                                 
19 Commission Decision of 17 October 2007 setting up the Group of Experts on Trafficking in Human 
Beings (2007/675/EC), OJ L 277, 20.10.2007; Commission Decision of 22 July 2008 on the 
appointment of members of the Group of Experts on Trafficking in Human Beings (2008/604/EC), OJ 
L 194, 23.7.2008.  
20 Georgina Vaz Cabral, La traite des êtres humains. Réalités de l'esclavage contemporain , cit. 
21 See footnote 3. 
22 See footnote 4.  
 
EN 7   EN from third countries. However, especially af ter the last enlargement, anti-trafficking 
legislation and policy has to deal wi th trafficking within the EU area.23 
There is strong evidence that victims of trafficking suffer sp ecific physical and psychological 
health consequences of the crime to which they  have been subjected. They can suffer serious 
forms of trauma or other mental or psychologi cal problems. Moreover, victims of trafficking 
for sexual exploitation are at high risk of acquiring HIV and other sexually transmissible 
diseases.24 These findings suggest that the protectio n of the rights of the victims must be at the 
core of any proposals aimed at strengthening the EU action against trafficking, and should 
aim to prevent further negative consequences  on such victims. In addition, victims are 
important source of evidence in criminal proceedings; therefore there protection and 
assistance is crucial in order to ensure successful investigatio n and prosecution.  
Trafficking is a very lucrativ e activity for criminals. The In ternational Labour Organisation 
(ILO) estimates that traffickers, taking into account the estimated number of victims (see 
below), and the average prices of sexual services, make 27.8 bill ion US dollars per year from 
forced commercial sexual exploitation of trafficked victims. Concerning economic 
exploitation, the estimated a nnual profits from trafficked  people in forced economic 
exploitation are estimated at 3.8 billion US dolla rs. In total, 31.6 billion US dollars are made 
yearly by exploiting trafficked victims. Thes e profits fund the expansion of international 
criminal groups, contribute to corru ption, and undermine the rule of law.25  
2.2 Who is affected and how? 
Most of the people targeted for these crimes are women and children, bu t also cases of young 
men trafficked for the purpose of labour expl oitation are increasingly reported by NGOs and 
law enforcement.  
It is not easy to estimate the extent of this crim e, since criminal activities related to trafficking 
are hidden behind widespread phenomena such as prostitution or immigration. In addition, 
those estimates which have been attempted for Europe are scarce and not reliable.  
The only estimates on trafficking and forced  labour based on transparent and accepted 
methodology are on a global scale and have been  carried out by the International Labour 
Organisation (ILO), while the only source of reasonably reliable data on victims of human 
trafficking is the International Orga nisation for Migration (IOM) database.26 These two sets of 
estimates are not necessarily comparable, sinc e IOM figures only conc ern identified victims 
                                                 
23 Cases of internal trafficking have also been reported by national monitoring mechanisms. See for 
example the Sixth Report of the Dutch National Rapporteur, 2008. 
24 London School of Hygiene and Tropical Medicine, The Health Risks and Consequences of Trafficking 
in Women and Adolescents. Findings from a European Study, Final Report of a project funded by the 
European Commission under the Daphne Programme. AAVV, Stolen Smiles, The physical and 
psychological health consequences of wome n and adolescents trafficked in Europe,  2006, Study funded 
by the European Commission under the Daphne programme. In 2001, 50% of women repatriated to 
Moldova accepted to be subjected to an HIV test. 85% tests were positive. These figures are reported by 
B. Limanowska, Trafficking in human beings in South Eastern Europe 2004. Focus on Prevention,  
UNICEF/UNOHCHR/OSCE-ODIHR, Belgrade, 2005. Often trafficking implies violence and 
psychological abuse which can result in Post-Traumatic Stress Disorder implying recurrent nightmares, 
psychological arousal, avoidance and numbing. Usual consequences are depression and anxiety. 
Cognitive functioning may also be negatively affected. See National Centre for Post Traumatic Stress Disorder, What is PTSD?, 8.2.2005.  
25 Patrick Belser, Forced Labour and Human Tra fficking: Estimating the Profits, ILO, 2005. 
26 IOM Counter Trafficking Database, 2008 
 
EN 8   EN which have been assisted by IOM, while ILO estimates are based on assessments of the 
presumed global number of victims. 
According to ILO27, taking into account that the majority  of forced labour and services is 
linked with traditional slavery-like practices, that  is to say that the person is not transferred 
but exploited in loco , forced labour in the context of tr afficking represents around 20% of 
total forced labour. Therefore it is believed that globally there are at least 2.45 million people 
in forced labour as a result of trafficking . Out of them, 1,225 million people are trafficked for 
the purpose of forced labour every year. These es timates include both transnational trafficking 
and trafficking within countries. Most people are trafficked into forced labour for commercial 
sexual exploitation (43%) or mi xed reasons (25%). The reminde r (32%) concerns trafficking 
for economic exploitation. Women and girls repr esent 56% of victims of forced economic 
exploitation, and men and boys represent 44%. Regarding forced commercial sexual 
exploitation, an overwhelmi ng majority (98%) are women and girls. Children under 18 
represent between 40% and 50% of  all victims of forced labour.28 These estimates are not 
substantially different from the ones given by the US Department of State.29  
The IOM database includes data collected fr om 12,627 victims who have been assisted by 
IOM worldwide from November 1999 to Decem ber 2007. Out of these, 10,473 are female and 
2,154 are male. 630 persons are below 14 years of age, 1,416 between 14 and 17, 5,880 
between 18 and 24, 2,485 between 25 and 30, 2,092 over 30 (124 not recorded). The most 
represented countries of origin are Ukraine,  Republic of Moldova, Belarus, Romania.  
Among the countries to which people are traffick ed there are several EU  countries: Italy (500 
victims), Greece (105), Germany (136), Czech Re public (303), Bulgaria (204), Austria (101), 
Poland (778). 188 recorded cases concern international trafficking, 2,389 are cases of internal 
trafficking. Concerning the type  of exploitation, 72.46% were cases of sexual exploitation, 
21.95% labour exploitation, 1.99 % mixed sexual and labour exploitation, 0.84 % low level 
criminal activities, 0.05  % labour and low level criminal ac tivities and 2.72 % other types of 
exploitation. It is necessary to point out that these figures only  concern assisted victims, and 
do not necessarily reflect the true extent and nature of  the phenomenon. Moreover, the 
number of trafficked children is for sure unde restimated because children are often assisted 
thorough different channels.  
Further information has been collected at nationa l level, and gives a more precise idea of the 
features of trafficking in the EU. For example in Italy, where there is the highest number of 
assisted victims, between 2000 and 2007 54,559 persons received some help, and 13,517 were covered by assistance and social  integration programmes. Ou t of them, 748 were minors. 
Victims came from Nigeria (4,150), Romania (3,157), Republic of Moldova (910), Albania 
(873), Ukraine (691), Russia (390), and Bulgar ia (190). In 2006-2007 859 cases of trafficking 
for sexual exploitation, 76 for la bour exploitation, and 2 for begging were reported by victims 
assisted through the programmes.
30  
                                                 
27 Patrick Belser, Michaelle De  Cock, Fahrad Mehran, ILO Minimum Estimate of Forced Labour in the 
World, ILO, Geneva, April 2005.  
28 These percentages correspond to about 4.9 to 6.15 million children. This last estimate is considered 
consistent with the estimate contained in the ILO Global Report of 2002 "A future without child labour"  
which had estimated with a different methodology that there were 5.7 million children in forced and 
bounded labour. 
29 US Department of State, Trafficking in Persons Report , which is published every year. The most recent 
was published in 2008.  
30 Source: Presidenza del Consiglio dei Ministri, Dipartimento per i diritti e le pari opportunita', 2007. The 
data are not comparable with th ose given by IOM because the latter source only includes victims 
 
EN 9   EN The figures taken from IOM database, although onl y relating to assisted victims, show that 
several EU countries are major countries of destination for traffick ing flows coming from 
third countries. In addition, ther e is evidence of flows of traffi cking from certain EU countries 
- especially Bulgaria and Romania - to other EU countries. As one of  the most significant 
destinations in the world, it is reasonable to es timate from the available figures that several 
hundred thousand people every year are trafficked  into the EU area or within the EU area.31  
2.3 The underlying drivers of the problem  
Social vulnerability is arguably the principal ro ot cause of trafficking. Vulnerability derives 
from economic and social factors such as poverty, gender discrimination, armed conflicts, 
domestic violence, dysfunctional families, personal conditions such as age or health conditions or disabilities. Such  vulnerability is used by international organised crime 
networks to facilitate migration and subsequently severely exploit people by use of force, threat, coercion, or various forms of abuse such as debt bondage. In f act the high level of 
profits deriving from the crime is a major underlying driver.  
The demand for sexual services and cheap labou r is a concurrent driv er. Although the demand 
itself is affected by the scale of supply, stakeh olders argue that actions aimed at reducing the 
demand are crucial in order to remove a major concurrent factor which ultimately fosters 
trafficking. This argument has been developed bo th in the field of trafficking for sexual and 
for labour exploitation.
32 
The institutional response is weak, first of al l because actions aimed at tackling prevention 
rarely materialise in large-scale initiatives aimed at poverty and vulnerability reduction and 
addressing the demand.33  
Different but concurrent drivers are inadequa te anti-trafficking policies in transit and 
destination countries, which increase the vul nerability of trafficked persons, miss 
opportunities for identification a nd support to victims, and disc ourage their part icipation in 
criminal proceedings. As a consequence, due to the lack of an accurate source of evidence 
which could foster further investigation, the nu mber of criminal proc eedings and convictions 
remain very low (see below, paragraph 2.5).  
Generally speaking, victims' support schemes are insufficient, as the above mentioned figures 
on assisted victims show. Often such sche mes do not have appropriate human rights 
background and therefore do not provide victims with appropriate assistance and protection.34 
In addition to threats addressed by traffickers to victims and their families, trafficked persons 
                                                                                                                                                         
assisted by IOM, while National data also comprise  victims assisted by other NGOs or international 
organisations.  
31 The press often report the estimate of 500.000 peop le trafficked yearly to Europe. However, such an 
estimate is not confirmed by any official source. 
32 Regarding trafficking for sexual exploitation, it is to be mentioned the study "How Much? A pilot study 
on four key EU member and candidate countr ies on the demand for trafficked prostitution"  project 
funded under AGIS 2005. Concerning trafficking for labo ur exploitation, see the recent ILO 
"Combating trafficking in children for labour exploitation. A resource kit for policy-makers and practitioners" , ILO, Geneva, 2008.  
33 Although good practices are in place in some Member States, stak eholders agree that the response is 
weak concerning prevention. 
34 Various studies show that in some cases victims es cape from "closed" shelters , where their freedom of 
movement is severely restricted. In other cases th e shelter was "an apartment out of the city, with 
minimal furniture, no television and no phone, where a paid social worker was on duty some hours a 
day, and did not want to speak or "getting involved with clients". AHTNET, Networking against human 
trafficking, Life Stories , Project funded under Equal, Eu ropean Social Fund. See also  
 
EN 10   EN do not report or act as witne sses because they fear  denunciation to immi gration authorities 
and immediate deportation, being in most cases illegal migrants, and of ten have been even 
deprived of their documents by traffickers. More over, they fear detention and prosecution for 
offences they have been invo lved as a consequence of tra fficking such as violation of 
immigration laws and use of false documents. 
Another factor which has a str ong impact on the weakness of inve stigation and prosecution is 
insufficient international cooperation. The a bove mentioned Commission Working Document 
shows that many countries have  bilateral agre ements for the exchange of investigative 
information and police cooperation in genera l; some forms of police cooperation have 
recently been put in place in a number of c ountries (CY, HU, IT, LV, LT, NL, SI, SE, UK), 
including through Europol and In terpol. However, the most e ffective tools such as joint 
investigation teams are still a ra rity. Trafficking in most countri es is still not  dealt with by 
means of investigative tools that are t ypically used for organised crime cases.35 Secondary 
victimisation, that is to say further harm deri ving from the way the procedure is carried out, 
also plays a major role in the failure of a num ber of proceedings. In fa ct the victim can be 
induced to go back to the source country and de facto  stop her/his cooperat ion with judicial 
authorities as consequence of lack of respect for their rights and human dignity.36 
2.4 State of implementation  of the legal framework 
As set out above (2.1), a substantive intern ational legal framewor k for tackling human 
trafficking already exists. This current framew ork, however, is consider ed by stakeholders to 
suffer from insufficient or erratic implementation in Member States 
The Commission's 2006 report on the impl ementation of the Framework Decision on 
combating trafficking in human beings37, and its above mentioned 2008 Working Document 
found that the FD's requirements had been largely met by MS in terms of transposition of legislation. In fact MS comply with the es sential requirements of the current FD, as a 
consequence of pre-existing legi slation, or new legislation tran sposing FD. However, since a 
number of provisions in FD allow for exceptions  or reservations, and since FD only contains 
criminal law provisions, implementation of co mprehensive anti-trafficking policy in MS is 
still unsatisfactory. The above mentioned Co mmission Working Document found that there 
was still more to do in terms of implementation of anti-trafficking policy, especially in the 
following areas:  
– effectiveness of law enforcement activities aime d at detecting and prosecuting trafficking; 
– victims protection and assistance; 
– monitoring of trafficking trends  and anti-trafficking policy.  
Furthermore, the effects of the possible ratifi cation of the 2005 Council of Europe Convention 
on Action against Trafficking in Human Bei ngs by EU MS should be taken in due 
consideration.
38 Such an analysis will be further developed below.39 Here it is important to 
                                                 
35 For example, appropriate tools to be used in organised crime cases are financial investigation, phone 
tapping, electronic surveillance.  
36 Life stories , cit. 
37 Report based on Article 10 of the Council Framework Decision of 19 July 2002 on combating 
trafficking in human beings, COM (2006) 287 final. 
38 Although the ratification process is slow since MS have to adapt their internal legislation to the 
Convention requirements before ratification, the fact that 25 MS have already signed allows good 
expectation about the ratification by the vast majority of MS in the near future.  
 
EN 11   EN notice that the CoE Convention establishes a higher international st andard and it is an 
important step towards harmonisation of legisla tion, including criminal law, victim support, 
prevention, and monitoring. However, the Co nvention contains binding and non binding 
provisions, and allows for reserv ations in crucial areas such as  extraterritorial jurisdiction. 
Therefore the Convention itself s hows a number of weak points.  
Taking into account the current legal framewor k, relating to UN and CoE instruments, and 
EU legislation, the loopholes can be identified as follows:  
– Criminals not being brought to justice  
• Not enough criminal proceedings are currently undertaken.40 In 2006, the highest figures 
concerning investigation and prosecution of trafficking for the purpose of sexual 
exploitation were recorded in AT (128), BE (291), BG (291), DE (353), IT (214), PT (65), 
and UK (54).41 The total number of cases investigat ed in the EU was 195 in 2001, 453 in 
2003, 1,060 in 2005, and 1,569 in 2006.42 Despite the upward trend, the number of 
criminal proceedings is still not comparable  with the presumed scale of the crime as 
described above. A specific aspect of this w eakness concerns the prot ection of children. In 
2006, only 180 cases were recorded of this offence being committed against children in the EU area.
43 As regards trafficking for labour expl oitation, where anti-trafficking policy has 
been developed more recently, the judicial response is even less advanced. Therefore 
trafficking in human beings continues to be  a high profit and low-ri sk crime concerning 
both trafficking for sexual and labour explo itation, and particularly  regarding children. 
– Victims not receiving adequate assist ance, protection or compensation 
• Concerning the numbers of victims who have recei ved support in recent years, figures have 
only been provided by AT (162), BE (121), BG (81), CZ (14), FI (9 ) IT (2.143), LT (96), 
PL (10), SL (40), and NO (37).44 Compared to the presumable scale of trafficking in 
Europe, it is necessary to conclude that only a few countries have ta ken measures that can 
be considered to be a real response; but at EU level the situation is still largely 
unsatisfactory. On the other hand, in countri es such as AT, BE, IT, BG, and UK, which 
have a significant number of assisted victims, figures on criminal proceedings are also higher (see 1.3). Therefore, furthe r regulation might be necessary  in order to ensure more 
effective victim support mechanisms. 
• The number of victims who received police pr otection is very low (FI 5, LV 1, PL 11). 
One particular, and positive, ca se is Italy, where all victims who were placed in the social 
integration programmes (2,039 in 2005 and 2,143 in 2006) also received police protection. 
As to the right to compensation, although many  countries even allocate public funds for 
compensation (AT, BE, BG, CZ, DK, FI, FR, HU, LV, LU, MT, NL, PT , SK, SE, UK), the 
                                                                                                                                                        
 
39 See paragraphs 4.3 and 5.1. 
40 Commission Working Document COM(2008)657, cit. is  the source of all the figures this paragraph 
refers to.  
41 In some countries figures include trafficking for la bour exploitation. It is possible that a number of 
cases of trafficking for sexual exploitation are still prosecuted as cases of exploitation of prostitution, 
due to the difficulty of gathering evidence.  
42 The number of sentenced cases is much lower. Th e total amount in 2006 was 284 sentenced cases of 
trafficking for sexual exploitation. 
43 These figures are certainly underestimated as many countries do not dispose of disaggregated data for 
children. 
44 These figures are not comparable with those included in the IOM database, for the reasons highlighted 
above.  
 
EN 12   EN only available figures show that the number of  victims of trafficking who have received 
compensation is very low (DK 1, FR 5, NL 18, UK 4, NO 2).  
– Poor monitoring of the situation 
• In the field of victims' rights and victims' s upport, the vast majority  of countries do not 
even possess figures. The national machinery still seems to be inadequate as far as 
monitoring mechanisms are concerned. Two countries (NL and SE) have appointed 
National Rapporteurs and nine indicate the a ppointment of comparab le mechanisms (BE, 
BG, CY, CZ, DK, FI, PT, RO, UK). This situ ation might have a negative impact on the 
quality of the data collected. 
Stakeholders have identified the following w eaknesses in the legal framework, including the 
current Framework Decision and the CoE Convention: 
Type of provision FD CoE 
Definition of trafficking Ex cludes trafficking for the 
purpose of the removal of organs and other forms of exploitation.
45  Satisfactory 
Penalties to be imposed 
on offenders A maximum penalty is only 
envisaged for aggravating 
circumstances 
 No provision  
 
Clause of non 
punishment for victims None Non-punishment clause is not 
binding and does not cover victims who, although not subjected to violence, have been deceived or abused.  
Extraterritorial jurisdiction rule Allows for reservations 
 Allows reservations 
Vulnerable victims No provisions for particularly 
vulnerable victims, other than only children 
No grounds for adults to be 
considered vulnerable victims are envisaged 
Specific treatments for 
particularly vulnerable victims are not specified 
 Protection of private life of the 
victim, and where appropriate, identity, and protection form intimidation are ensured. Specific treatments for vulnerable victims are only specified in the Explanatory Memorandum but are not included in the text of the Convention, and therefore are not binding.  
                                                 
45 The current Framework Decision only comprises the purposes of sexual and labour exploitation. It does 
not include trafficking for the purpose of the removal of organs.  
 
EN 13   EN Type of provision FD CoE 
Assistance to victims None. The only measures on 
victim assistance in EU acquis 
are provided for by the Directive 2004/81/CE on residence permits, which only applies to third country nationals.   
Use of appropriate 
investigative tools None None 
Training None Training for persons in charge 
of preventing and combating trafficking in competent authorities provided for. However, specific skills and curricula should be further identified.  
 
Monitoring No specific mechanism other 
than the implementation report on the implementation of Framework Decisions.  A CoE monitoring mechanism 
is provided for (GRETA) 
2.5 Main issues to be addressed 
On the basis of the above mentioned findings , the main problem to be addressed is 
the inadequate legal framework. This has le d to a number of very practical problems 
which can be summarised as follows: 
1. Failure to convict criminals  
a. insufficient approximation of releva nt criminal law provisions in MS;  
b. victims do not report crimes for fear of  denunciation to immigration authorities and 
immediate deportation; 
c. insufficient international cooperation and poor use of effective investigation tools. 
2. Insufficient protection a nd assistance to victims 
a. assistance measures are not in place or are insuffici ent in many MS; the number of 
assisted victims is very low; 
b. victims may face sanctions for violations due  to their exploitativ e situation such as 
violations of immigration laws; 
c. secondary victimisation affect vulnerabl e victims including children and persons with 
special needs, as a consequence of inadequa te law enforcement and judicial practice; 
d. victims do not receive effectiv e protection and compensation. 
 
EN 14   EN 3. Insufficient measures to prevent trafficking  
a lack of resources and expertise in law enfo rcement agencies and social authorities in 
countries of origin and destination; 
b. not enough action to identify vulnerable gr oups, potential and pr esumed victims of 
trafficking in countries of  origin and destination; 
c. no sanctions against employers who know ingly employ trafficked persons, and for 
clients who knowingly buy sexual services fo rm a trafficked person are envisaged.46 
4. Insufficient knowledge 
a. insufficient data concerning the magnitude of the crime and the effectiveness of anti-
trafficking policy in MS; 
b. lack of comparable data at the EU level, due to lack of coordi nation between existing 
national monitoring mechanisms  
PROBLEM TREE 
                                                 
46 Criminal sanctions for employers who knowingly employ trafficked persons are currently under 
discussion in the framework of a Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals. The idea 
of criminalising clients who knowingly buy sexual services from a trafficked person has been discussed 
during the consultation meetings and is controversial among stakeholders.  
 
EN 15   EN  
 Low number of victims 
who report the crime 
Insufficient skill of 
officials likely to 
come in contact with presumed victims Traffickers' 
threats 
Fear of prosecution 
Fear of deportation Low number of 
investigations and 
prosecutions
Secondary 
victimisation, 
deriving from the 
proceedings Low number of 
convictions Domestic 
violence Gender 
inequality 
 Armed 
conflicts 
Social vulnerability Personal 
conditions 
such as age or 
disability 
Organised 
crime 
Victimisation/Trafficking  Dysfunctional 
families Poverty 
Insufficient 
assistance 
measures 
Insufficient 
international 
cooperation Insufficient 
consideration 
given to age, 
gender, 
trauma Poor human 
rights 
background 
Inappropriate 
investigation 
tools Demand of 
sexual 
services and 
cheap labour 
 
EN 16   EN 2.6 How would the problem evolve, all things being equal?  
Apart form the Framework Decision on traffi cking, a number of legislative and non 
legislative instruments have been adopted in this field, including th e Directive 2004/81/EC on 
residence permits,47 the Framework Decision 2004/ 68/JHA on combating the sexual 
exploitation of children,48 and the Framework Decision 2001/220/JHA on the standing of 
victims in criminal proceedings.49 A number of non legislative instruments have also been 
adopted.50  
Due to the lack of hard data, it is not possi ble to estimate precisely how this problem would 
evolve in the absence of EU action. However, ta king into account the magnitude of the crime, 
which is spread worldwide, it is clear that trafficking has become an important activity for 
many criminal networks at the international level. According to th e above mentioned ILO 
estimates, US$ 31.6 are made yearly by exploi ting trafficking. Taking into account the 
recurrent dynamics of criminal markets, any lu crative activity attracts new criminal business; 
in addition, profits co ming from the crime are re-invested in the same  or other criminal 
activities. In the case of  trafficking, this dynamics has been studied especially with respect to 
the Western Balkan area, where criminals e xpanded their networks after 1998-99 and started 
to traffic not only Albanian girl s, but also girls from Centra l and Eastern Europe. Criminal 
groups used money earned from sexual exploitati on to buy drugs (mainly cocaine) from the 
Netherlands. This cross cutting business led to a constant growth for ten years. A decrease of 
trafficking after 2003 is considered a result of improved legislation and enhanced cooperation, 
especially joint operations carried out by Alba nian-Italian law enforcement and prosecution.51 
From this, we can conclude that the criminal phenomenon is expected to remain stable or even grow if no effective deterrents are put in place in the near future. 
Some further considerations on the implement ation of the CoE Convention on action against 
trafficking will be develope d in paragraphs 4.3 and 5.1. 
2.7 Right to act, subsidiarity and fundamental rights 
In accordance with Article 29 of the Treaty on the Europe an Union, the Union's objective 
shall be to provide citizens with  a high level of safety. This objective shall be achieved, in 
particular, by preventing and co mbating trafficking in persons. 
Action of the Union in this fiel d should be taken only if and in  so far as this objective cannot 
be sufficiently achieved by the Member States and can be be tter achieved by the Union. As 
mentioned before, trafficking in human beings by its very nature is a trans-border crime, 
while cases of internal trafficking are marginal in the EU area. It affects all Member States, 
and there is evidence that a considerable pr oportion of it involves  trafficking from one 
Member State to another. The consensus among experts is therefore that this requires EU 
                                                
 
47 See footnote 13. 
48 Council Framework Decision of 22 December 2003 on combating the sexual exploitation of children 
and child pornography, OJ L 13, 20.1.2004, p. 44-48. 
49 Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings 
(2001/220/JHA), OJ L 82, 22.3.2001, p. 1-4. 
50 Brussels Declaration, Council Conclusions of 8 May 2003 (2003/C 137/01) which take note of the 
Brussels Declaration (OJ C 137, 12.6.2003); European Commission Experts Group, Report 2004; 
Recommendations on identification and referral to services of victims of trafficking in human beings, 
issued by the Commission on the occasion of the first EU Anti-Tr afficking Day, 18 October 2007: 
www.ec.europa.eu/justice_home/news/information_do ssiers/anti_trafficking_d ay_07/documents_en.ht
m 
51 J.Arsovska, Decline, Change or Denial: Human Trafficking and EU Response in the Balkan Triangle , 
in Policing Advance Access, April 2008 
 
EN 17   EN action, and that the objective of effectively preventing and combating such crime, and 
protecting victims, cannot be sufficien tly achieved by Member States alone. 
Any action of the Union in this field must respect fundamental rights and observe the 
principles recognised in particular by the Ch arter of Fundamental Ri ghts of the European 
Union (EU Charter) and the Convention for th e Protection of Human Rights and Fundamental 
Freedoms (ECHR), notably human dignity, the ri ghts of the child, prohibition of torture and 
inhuman or degrading treatment or punishment, prohibition of slaver y and forced labour, 
prohibition of trafficking in human  beings, right to fair and ju st working conditions, right to 
liberty and security, respect for private and family life, protection of personal data, non-
discrimination, as well as the special procedur al rights contained in  Article 47 to 50 EU 
Charter (Articles 6, 7 and 13 EC HR). Member States, when im plementing Union law, must 
do so in accordance with these rights and principles. 
Of particular importance in this respect is Article 5 of the EU Charter which explicitly 
prohibits trafficking in human beings. This is an innovative provision even compared to the 
ECHR, which, however, also prohibits slaver y and forced labour (Article 4 ECHR). 
Furthermore, as many of the victims of traffick ing are children, Article 24 of the EU Charter 
is of relevance. This provision foresees a positive obligation to act with the aim of ensuring 
the necessary protection of children. It states that children shall have the right to such 
protection and care as is necessary for their we ll-being. In addition, it requires that in all 
actions relating to children, wh ether taken by public authorities or private institutions, the 
child's best interest must be a primary consider ation. Finally, as regards Articles 1 and 3 of the 
ECHR, the European Court of Human Rights has he ld that Contracting St ates are required to 
take measures to ensure that individuals with in their jurisdiction are not subjected to ill-
treatment, including ill-treatment ad ministered by private individuals.52 
2.8 Views of stakeholders a nd Member States consulted 
– The Group of Experts of the European Co mmission on Trafficking in Human Beings53 in 
its written opinion underlined, as guiding principles, the ne ed for an adequate legal 
framework in each country, the need to make human rights a paramount issue, to take a holistic, coordinated and integr ated approach; to link governm ent policies on trafficking to 
migration policies, to respect ch ildren's rights, to promote res earch about trafficking and to 
monitor the impact of anti-trafficking policies.  
– Many stakeholders agreed on the need for specific provisions aimed at strengthening 
investigation and prosecution. L ack of effective provisions in  the current legislation was 
particularly underlined by Europol's experts.  The most effective investigative tools 
especially designed to deal with organise d crime cases should be made available and 
should be used in trafficking cases.  
– NGOs and the Expert Group underlined the need for a holistic approach including 
prevention and protection of victims. In addition to the rights acknowledged to any 
victims, trafficked persons should be protec ted from detention and prosecution, and from 
secondary victimisation. The crucial role of  assistance measures was generally underlined, 
and several experts insisted on the need for a binding provisi on obliging Member States to 
make such schemes available. Experts from NGOs dealing with children's rights and especially UNICEF called for a specific provisi on concerning identifi cation, assistance and 
protection for children.  
                                                
 
52 ECHR, M.C. v. Bulgaria, par. 149. 
53 See footnote *. 
 
EN 18   EN – The issue of introducing a spec ific obligation to criminalise clients who knowingly use 
sexual services from a trafficked person was highly controversial among stakeholders. 
Several MS underlined that in any case such a provision should not be binding, taking into account that this issue is linked with prostitution policy, a nd that a difficult debate is going 
on in many MS on such a sensitive issue. 
– On various occasions the European Parliament  has underlined the need for more effective 
measures against trafficking in the field of  the legal framework and law enforcement, 
prevention and reduction of the demand, protecti on of victims, coordination of actions at 
national and EU level.
54 
– While acknowledging its weaknesses, stakeh olders praised the Council of Europe 
Convention on trafficking for its comprehensiv e, human rights centred approach, and for 
the provisions concerning victims' id entification, protection and assistance.  
– Stakeholders and MS tend to echo the remark s of a study carried out by the Odysseus 
Academic Network on the implementation of Directive 2004/80/EC on residence permits 
and a study by the ECLAN on the FD55 that FD needs to be revised, in particular to 
improve victim support mechanisms and to promote more prosecutions.  
3. OBJECTIVES  
3.1 General, specific and operational objectives 
The overall goal of the exercise is to combat cr ime, organised or otherwise, in particular 
trafficking in persons and offen ces against children, in conformity with Article 29 of the EU 
Treaty, by building a more cohere nt framework for the fight ag ainst trafficking within the 
third pillar and to increase its effectiveness.  
A Specific objective: To  prosecute the crime 
– Operational objectives: 
– A1 To impose effective, proportio nate and dissuasive penalties; 
– A2 To facilitate victims' cooperat ion with judicial authorities; 
– A3 To remove obstacles to internati onal cooperation and generalise the use 
of investigative tools which are effective in organised crime and transnational cases; 
– A4 To facilitate prosecution of tr affickers when the offence has been 
committed out of the territory of the State. 
B Specific objective: To protect victims' rights 
                                                
 
54 Report with a proposal for a European Parliament recommendation to the Council on fighting against 
trafficking in human beings – an integrated approach and proposals for an action plan (2006/2078(INI), 
18.10.2006, Committee on Civil Liberties, Justice and Home Affairs, Rapporteur Edit Bauer, A6-
0368/2006. Written Declaration by Marusya Ivanovn a Lyubicheva, Zita Gourmai, Diana Wallis, Eva-
Britt Svensson and Anna Zaborska on combating the trafficking of children, m4.6.2008 (0050/2008) 
subsequently approved by EP.  
55 A.Weyenbergh, V.Santamaria (ed. ), The evaluation of European Criminal Law. The example of the 
Framework Decision on combating trafficking in human beings, IEE, 2009, Study carried out by 
ECLAN Network, funded under the financial programme JPEN. The study also highlights that generally speaking the assistance and protection mechanism is remains insufficient, that Italian law 
contains more favourable provisions, and that some countries such as FI, BE, LT, GR and LU are 
making an effort to develop a global approach to trafficking, more focussed on victims.  
 
EN 19   EN – Operational objectives:  
– B1 To provide any presumed victim with unconditional and individualised 
assistance before, during and after criminal proceedings; 
– B2 To protect victims from detention and prosecution for crimes they have been 
induced to commit such as vi olation of immigration laws; 
– B3 To increase the protection of vict ims from secondary victimisation, which 
derives from the way the proceedings are carried out by the competent authorities; 
– B4 To establish specific means aimed at ensuring effective protection and 
compensation.  
C Specific objective: To prevent trafficking  
– Operational objectives: 
– C1 To reduce vulnerability fact ors in countries of origin;  
– C2 To improve skills of public officials lik ely to come into contact with potential 
victims; 
– C3 To discourage the demand of se xual services and cheap labour. 
– D Specific objective: To establis h effective monitoring systems  
– Operational objectives: 
– D1 To set up consistent national mechanisms such as National Rapporteurs 
or equivalent mechanisms;  
– D2 To establish close cooperati on between National Rapporteurs or 
equivalent mechanisms. 
3.2 Consistency of the objectives with oth er EU policies and horizontal objectives 
The fight against all forms of gender-based violence including trafficking forms integral part 
of the commitment taken by the Commission in the Roadmap on Gender equality.56 The fight 
against child trafficking is also included in the strategy on the rights of the child.57 The 
objective of fighting trafficking in human beings and assisting victims is consistent with the 
regulation contained in the Dire ctive 2004/86/EC on residence permit,58 which deals with 
immigration issues and only app lies to third country nationals. It is also consistent with 
Council Directive relating to compensation for cr ime victims which aims at facilitating access 
to compensation in cross-border situations,59 and with Framework Decision 2008/841/JHA on 
the fight against organised crime.60 Trafficking in human beings is included in the list of 
crimes which give rise to surrender pursuant a European arrest warrant in accordance with 
                                                 
56 Communication form the Commission to the Council, the European Parliament, the European 
Economic and Social Committee and the Committee of the Regions, A roadmap for equality between women and men 2006-2010, {SEC(2006)275}, COM(2006)92 final.  
57 Communication form the Commission Towards an EU Strategy on the Rights of the Child 
{SEC(2006)888}, {SEC(2006) 889}, Bru ssels, 4.7.2006, COM(2006) 367 final. 
58 See footnote 35. 
59 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 
6.8.2004. 
60 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, 
OJ L 300/42, 11.11.2008. 
 
EN 20   EN Council Framework Decision 2002/584/JHA on the European arrest warrant.61 The objectives 
stated above are fully consistent with these inst ruments, as well as with  the Council of Europe 
Convention on action against Tra fficking in Human beings and with the mandates of Europol 
and Eurojust.  
4. POLICY OPTIONS  
4.1 Policy option (1) Status quo 
This option implies that EU does not take a ny further major and independent action in the 
field of the fight against trafficking in huma n beings. The EU has already encouraged the 
speedy ratification of the Council of Europe Convention62 and would continue to do so. 
Ratification of Conventions tends  in practice to be slow. Wher e provisions are non-binding or 
permit reservations, such as the establishment of extraterritorial ju risdiction, MS may not 
implement them.63 
A simplification initiative was also considered, but has been excluded be cause the situation is 
such that the minimal and in principle very clea r existing legislation needs to be strengthened, 
not reduced.  
4.2 Policy option (2) Non legislative measures  
Non legislative measures would focus on vic tim identification and support, prevention and 
monitoring, and should aim at fa vouring further coordinated acti on at the national level. A 
non legislative package would include the fo llowing actions, which are presented below 
starting with the most important:  
Measure Description Justification 
Victims' 
support schemes Establishment of 
victims' support schemes for unconditional assistance, indication of quality standards, and model cooperation agreements between public institutions and civil society organisations which provide services to victims. This measure is absolutely crucial to enhance a 
human rights centred appr oach to anti-trafficking 
policy. Such an approach has proven effective not only in terms of recovery and subsequent social inclusion of victims, but also in the interest of justice. As a matter of fact, whenever victims are properly assisted and protect ed, in most cases they 
have been willing to cooperate with law enforcement and judicial authorities. Victim’s support schemes should be implemented by MS . Quality standard and 
modalities such as model cooperation agreements between public institu tions and civil society 
organisations such as NGOs service providers 
should be established at EU level.  
 
                                                 
61 Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender 
procedures between Member States, OJ L 190, 18.7.2002. 
62 EU Plan on best practices, standards, and procedures for combating and preventing trafficking in human 
beings (2005/C, 311/01), OJ C 311, 9.12.2005.  
63 Further considerations on the implementation of the CoE Convention will be developed in paragraph 
5.1. 
 
EN 21   EN Measure Description Justification 
Monitoring Establishment of 
National Rapporteurs or equivalent mechanism. This measure is also crucial, being the basis for the 
establishment of effective anti-trafficking policy. Such mechanisms should be in charge of data collection, have access to official sources, produce figures and estimates on trafficking trends, and measure the results of anti-trafficking policy. MS should implement such measures. Guidelines for data collection should be i ssued at EU level, to 
ensure that figures a nd estimates produced at 
national level are comparable, and lead to European reliable assessments. 
 Establishment of a 
network of such monitoring mechanisms, with a view to set up agreed methodology for data collection and assessment, and exchange information and best practices. 
 In order to ensure excha nge of information, best 
practice and data betwee n National Rapporteurs or 
equivalent mechanisms, and harmonisation of methodology and practice, such institutions responsible for monitoring mechanisms should meet 
on a regular basis. For this purpose, a network should be established. Th is goal would require an 
agreement among MS concerned.  
Prevention measures in countries of destination Adoption of preventive 
measures aimed at discouraging the demand for sexual services and cheap labour including through targeted information and awareness raising campaigns, and sensitisation to gender equality. 
 Preventive measures dealing with the demand in 
destination countries are needed in order to discourage pull factors which foster exploitation in 
countries of destination. Measures addressing the demand should cover both the fields of sexual 
exploitation and labour exploitation. Concerning 
sexual exploitation, so far th ere is no cl ear evidence 
that a specific prostitution policy such as legalisation, or the punishment of clients, has a positive or negative impact on trafficking. Therefore the idea of recommending the adoption of a particular approach to prostitution has been discarded at this stage. However, measures aimed at discouraging the demand should be taken in the field of awareness raising, information and education, especially targeting young males, and dealing with 
the gender dimension. Such measures should promote gender equality a nd respectful relationship 
between the sexes, and should be implemented by MS. EU funding should cont ribute to these actions. 
Measures aimed at discouraging the demand of cheap labour should i nvolve trade unions and 
employers’ associations, with a view to sensitising major stakeholders and promote workers’ rights. 
 
EN 22   EN Measure Description Justification 
These measures should be implemented by civil 
society organisations at national and international 
level, with the contribution of EU funding. 
Prevention measures in countries of origin Adoption of preventive 
measures aimed at promoting gender equality, reducing poverty in targeted areas of countries of origin, promoting information and awareness, and developing research. 
 Preventive measures in count ries of origin should be 
developed especially in th e external dimension, and 
in cooperation with countries of origin. Such measures should deal with root causes of trafficking, and address major factors of vulnerability which lead to trafficking. In particular, such measures should target specific areas where situations of extreme poverty increase social vulnerability, specific groups such as children without a family or coming from dysfunctional families, girls and young women who are particular ly vulnerable to sexual 
exploitation. Information about legal and safe channels for immigration is also needed especially in areas particularly affected  by phenomena of massive 
migration. Since gender di scrimination and lack of 
opportunities for women are major root causes of trafficking, specific ac tion aimed at promoting 
gender equality in countries of origins are needed. Such actions should be implemented by MS in cooperation with countries of origin. Research is also needed, aimed at better identifying root causes, trends, and vulnerability pr ofiles in different regions. 
The use of EU funding, which already fosters a number of targeted projects in third countries, should be further enhanced.  
Training Establishment of 
regular training for public officials likely to come into contact with potential and/or presumable victims such as law enforcement, consular officials, healthcare professionals, labour inspectors, aimed at improving their skills concerning the identification of a case of trafficking and the approach to a vulnerable victim.  
 Although training for senior  officials has been 
provided at the European level especially by CEPOL, the efficiency of anti-trafficking action on a daily basis implies enlargement of the scope of training. On one hand, targeted training course should be part of the curricula for law enforcement, and especially target front line police officers. On the other hand, such training should also involve other personnel that on various occasions could come into contact with potential victims in countries of origin such as consular officials, border guards, or school teachers. Public offi cials likely to come into 
contact with presumed victims in countries of destination such as hea lth care personnel or labour 
inspectors should also be involved. Such officials should acquire appropriate background to identify situations where traffick ing could be hidden, and 
should also be able to a pproach vulnerable victims 
 
EN 23   EN Measure Description Justification 
in a way that does not cause or increase the risk of 
secondary victimisation, th at is to say further 
victimisation or trauma deriving from the way the procedures are carried out by the competent authorities. Training courses should be established by competent authorities in  MS in the context of 
regular curricula, and by MS in cooperation with 
countries of origin as far as training in such 
countries is concerned. EU  funding could contribute 
to enhance such actions. Model curricula could be established at EU level.  
Law enforcement cooperation Establishment of 
appropriate means including funding to improve international law enforcement cooperation, and especially the use of Joint Investigation Teams; 
 Law enforcement cooperation is crucial to detect and 
prosecute not only final exploiters, but the whole criminal network which run a trafficking process from a country of origin until the final destination. EU legislation provides for effective means for law enforcement cooperation. However joint investigation teams, which are considered the most 
effective tools, in fact are scarcely used. From information coming from EUROPOL and national law enforcement agencies, such poor implementation is not actually related to possible legal obstacles Therefore a specific legislative measure dealing with law enforcement international cooperation, which had been taken into consideration during the consultation phase, has subsequently been discarded. Since a major difficulty is the cost of JIT, EU funding should be more extensively and systematically used for this purpose.  
4.3 Policy option (3) New legislation on prosecution, victim support, prevention 
and monitoring  
This policy option assumes that legally bindi ng instruments are needed to improve the 
effectiveness of anti-trafficking policy. A new Framework Decision would repeal the FD and 
incorporate the stronger provisi ons of the Convention but make all of them binding. The 
provisions of the new FD would enable an inte grated approach which deals with different 
aspects of anti-trafficking action including substa ntive criminal law and criminal procedure, 
victim support, prevention and monitoring, to the extent possible a ccording to the legal 
basis.64 The following measures, which would be included in the new Framework Decision, 
are divided in different paragraphs, taking into account the nature of th e provisions concerned. 
Within every paragraph, measures are mentioned in the order of importance: 
                                                 
64 Some measures such as training and monitoring systems may require a separate EU legal instrument, 
according to Article 34 EU Treaty.  
 
EN 24   EN Measure Description Justification 
Definition of 
trafficking Provision aimed at 
bringing the definition of trafficking in line with international instruments such as the 2000 UN Protocol on trafficking in persons supplementing the UN Convention against transnational Organised Crime, and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings. The existence of a unique international standard 
would favour the process of approximation of legislation. The adoption of the definition under UN and CoE instruments is justified not only because such instruments provide for a consolidated and worldwid e agreed definition of 
trafficking, but also beca use they provide for a 
broad definition, including all forms of exploitation, while the current Framework Decision only covers sexual and labour exploitation. The added value of the UN and CoE definition consists of comprising other forms such as trafficking for the purpose of the removal of organs. Since the list of illicit purposes is a non exhaustive list, other forms of exploitation such as exploitation of activitie s associated with begging 
which is crucial for child trafficking, and exploitation of people in ill icit activities, would be 
mentioned, to make it easier the task of interpreters and national legislators.  
Penalties and aggravating circumstances Provisions aimed at 
further approximation of penalties.  
 This would be a strong added value compared to 
UN Protocol and CoE Convention, which do not envisage any specific leve l of penalties. Current 
FD only envisaged a maximum penalty for aggravating circumstances. In addition, such penalty (8 years) is not considered adequate taking 
into account the perceived gravity of the crime. 
The new FD would impl y a significant step 
forward in the process of approximation of penalties, also concer ning the basic crime. 
Aggravating circumstance would also be improved, and include the new aggrav ating circumstance of 
the offence being committed against a child.  
Non punishment of the victim Provisions aimed at 
protecting victims from prosecution, detention and punishment for crimes they have committed as a direct consequence of their being victims of trafficking Stakeholders have pointed  out that victims of 
trafficking are normally de tained or prosecuted or 
punished for minor offences which are typically connected with the victimisation process, such as violations of immigra tion laws, use of false 
documents, and prostitution, in countries where prostitution as such is criminalised. The fear of punishment and/or deportation is considered a major obstacle for victims to come forward, report the crime, and act as w itnesses. Therefore the 
clause must be considered a major element of a successful anti-trafficki ng legislation. A similar 
non punishment clause has been included in the 
 
EN 25   EN Measure Description Justification 
CoE Convention, but the form ulation is not clearly 
binding; moreover it does not cover all victims, 
since it only refers to victims who have been 
compelled to commit a crime, while in some cases they are trafficked by means of deception and abuse, according to th e legal definition of 
trafficking. The added valu e of the new FD would 
be a better and binding formulation of the clause. In order to avoid an abuse of the clause, MS could be allowed not to apply the clause in case of extreme gravity of the crime committed by the victim.  
Jurisdiction and prosecution   
Jurisdiction Provisions aimed at 
enlarging and making 
more binding extraterritorial jurisdiction rules, and enhancing the role of Eurojust in the solution of jurisdiction conflicts. A major obstacle to prosecution of trafficking is 
the extreme mobility of criminal groups, moving 
from a country to anothe r country with in the EU 
area and beyond. A bindi ng provision on 
extraterritorial jurisdiction would oblige MS to establish jurisdiction over a case of trafficking when committed abroad by a national or habitual resident. This provision w ould be an improvement 
compared to CoE Convention, which allows for reservations. If more than  one MS have jurisdiction 
on that case, they should cooperate with each other to identify the State which is better placed to prosecute the crime. Eurojust would facilitate the solution of the conflict, on the basis of information transmitted by MS.  
 
Investigation 
and 
prosecution Provisions aimed at 
ensuring ex officio 
initiation of the 
proceedings, and a period of prescription of sufficient duration to allow initiation after the victim has reached the majority Since trafficking is a serious crime, criminal 
proceedings should not be dependent on a report of 
an accusation of the victim, and should not be 
terminated if the victim withdraws her/his declarations. The latter w ould be new compared to 
the current Framework Decision. Another new provision, which takes inspiration from the CoE Convention on the protection of children from sexual exploitation aims at allowing the initiation of the proceedings after the child victims has reached the age of majority.  
Investigation tools Provision obliging MS 
to make effective One of the reasons why pr osecution is not effective 
must be found in the way of dealing with 
 
EN 26   EN Measure Description Justification 
investigation tools 
available to units in charge of trafficking cases. trafficking cases by law enforcement and judicial 
competent units. Police o fficials and prosecutors 
often treat a trafficking case as a case of illegal migration, or exploitation of prostitution. On the contrary, trafficking cases must be tackled as serious and organised crime cases. Therefore more sophisticated investigativ e techniques should be 
used by competent units or services. Under the 
third pillar EU legislat ion cannot oblige MS and 
national competent authorities to a particular means of investigation. However, if such tools are available for law enforcement authorities in general MS would have an obliga tion to make such tools 
available to competent services in charge of trafficking.  
Training Provision aimed at 
ensuring that training is available for law enforcement, especially front line police officers Investigators and prosecut ors should be trained on 
a regular basis for the purpose of carrying out successful investigati on and prosecution in 
trafficking cases. The training needs mentioned here are different from those indicated under option 
2, and are specifically related to investigative skill, appropriate for serious and organised crime cases. Such training should be part of the regular curricula for law enforcement and prosecutors.  
Victim protection   
Victims’ 
rights in criminal proceedings Provisions aimed at 
strengthening victims' rights in criminal proceedings, especially dealing with protection, compensation, and 
specific treatments 
aimed at preventing secondary victimisation including specific treatment for child victims, and for adult victims under certain circumstances.  
 FD on the standing of victims in criminal 
proceedings, which is going to be revised next year, provides for a set of victims’ rights in criminal proceedings. In addition to these rights applicable to any kind of victims, FD on trafficking would provide for specific treatment applicable to 
trafficking victims as particularly vulnerable 
victims. This would be a significant added value 
compared to the CoE Convention, where such treatment are only listed in the explanatory memorandum, but do not form the object of specific obligations of the Parties. Compared to the current FD, the new FD would imply substantial improvements. As in the current text, all child victims would be entitled to such treatments. A new provision would allow the competent authorities to consider  an adult victim as 
particularly vulnerable,  on a case by case basis. 
Furthermore, such treatments would be specifically identified, and therefore the obligation on MS will 
 
EN 27   EN Measure Description Justification 
be more stringent and acc ountable. In particular, 
such treatment would aim to prevent secondary victimisation, and would include avoiding questioning on private life, visual contact with the 
offender, giving testimony in open court, unnecessary repetition of  the testimony. A non 
binding provision would deal with the possibility of not disclosing the identity of a victim acting as a witness. Protection and compensation would also be addressed, as far as specific needs of trafficking victims are concerned.  
Victim support Obligation on MS to 
establish adequate victim support schemes for victims based on unconditional assistance since the first stage of the identification process; 
 Policy needs in this field are not different from 
those described under option 2. This measure is absolutely crucial to enhance a human rights centred approach to anti-trafficking policy. Such an approach has proven effectiv e not only in terms of 
recovery and subsequent social inclusion of victims, but also in the interest of justice. As a matter of fact, whenever victims are properly assisted and protected, in  most cases they have 
been willing to cooperate with law enforcement and judicial authorities. However, differently from option 2, under option 3 the new FD would only provide for an obligation to establish such schemes. Under the third pi llar the legal basis does 
not allow to deal with quality standards, and cooperation agreements for the establishment and functioning of such scheme s, which would be the 
object of a separate non binding document. The provisions dealing with assistance would only 
apply to victims who do not fall within the scope of 
application of the Directive 2004/81/EC on residence permits which only apply to victims who are third country natio nals. Therefore the 
provisions included in the new FD concerning 
assistance to victims apply to EU nationals, who will be entitled at leas t to the same treatment 
envisaged for third country nationals.  
 
Special 
measures for children Provisions aimed at 
ensuring a child friendly approach during the proceedings In addition to the specific treatment listed above 
and applying to every particularly vulnerable victim, further protective measures would apply to 
child victims. In particular, all the provisions included in the proposal for a new FD on sexual exploitation and sexual  abuse, such as the 
appointment of a special representative, the 
 
EN 28   EN Measure Description Justification 
presumption of minor age, and the way of taking 
interviews from a child, would also apply to child victims of trafficking. Sp ecial provisions would 
deal with unaccompanied minors, concerning the establishment of identity and nationality, and the location of the family. In this case the competent authorities should start identifying a durable 
solution for the child.  
Training Obligation on MS to 
establish regular training for law enforcement officials likely to come into contact with potential and/or presumable victims, aimed at improving their skills in the identification of a case of trafficking and a trafficking victim;  
 Training needs addressed here are not different 
from those indicated under option 2 for law enforcement and other officials likely to come into contact with victims. However, the legal basis concerning the third pillar does not allow to establish training for ot her public officials. 
Therefore the wide set training needs listed under option 2 should be dealt with under a different non legislative instrument, as far as officials other than law enforcement are concerned.  
Prevention   
 Provisions aimed at 
reducing the demand of sexual services and cheap labour, including the possibility to criminalise employers who knowingly use services exacted from a trafficked person;
65  
 MS would be obliged to take action to discourage 
the demand of sexual services and cheap labour by any means. A specification would be the criminalisation of users of services exacted from a person, with the knowledge that the person has been subjected to trafficking. In the field of trafficking for labour expl oitation, the obligation to 
criminalise employers of illegally staying third country nationals who knowingly employ trafficked persons is envi saged by the proposal for 
a Directive on sanction fo r employers, currently 
under discussion. The provi sion under the new FD 
would apply to those who are not covered by the 
                                                 
65 A provision on the criminalisation of employers has been included in the Propo sal for a Directive of the 
European Parliament and of the Council providing for sanctions against employers of illegally staying 
third-country nationals (COM(2007)249 final) which is close to being agreed. In particular, the 
Commission's proposal would require MS to criminalise an infringement committed by an employer 
who uses work or services exacted from a person, w ith the knowledge that that  person is a victim of 
trafficking in human beings. Since the Directive would only apply in relation to illegally staying third-country nationals, a similar provision could be included in the new Framework Decision to cover EU 
nationals. Concerning the criminalisation of the buyers of sexual services from trafficked persons, this 
proposal is highly controversial among stakeholders and MS. See paragraph 2.9. 
 
EN 29   EN Measure Description Justification 
Directive proposal, that is  to say employers of 
legally staying third country nationals, and 
employers of EU nationals. In the field of trafficking for sexual exploitation the new provision would cover c lients who knowingly buy 
sexual services from a trafficked person of whatever nationality. A similar provision is 
included in a non binding formulation in the CoE 
Convention. During th e consultation, the 
discussion showed th at the provision is 
controversial especially be cause a sensitive debate 
is going on in many MS on prostitution policy and legislation. Therefore the idea of a binding 
provision has been discarded, and a formulation leaving to MS room fo r manoeuvre has been 
included, similar to the one envisaged by the CoE Convention.  
Monitoring   
 Establishment of 
National Rapporteurs or equivalent mechanism. This measure is crucial, taking into account that 
better knowledge of the situ ation of trafficking is 
the necessary starting point for the establishment of effective anti-trafficking policy. In this field policy needs do not differ from those highlighted in option 2. Such monitoring mechanisms should be in charge of data collecti on, have access to official 
sources, produce figures and estimates on trafficking trends, and m easure the results of anti-
trafficking policy. MS should implement such measures. Guidelines for data collection should be issued at EU level, to ensure that figures and estimates produced at national level are comparable, and lead to European reliable assessments. The new FD would only contain an obligation to establish such mechanisms. Tasks and structure would not be cove red by the legislation.  
 Establishment of a 
network of such monitoring mechanisms, with a view to set up agreed methodology for data collection and In order to ensure excha nge of information, best 
practice and data between  National Rapporteurs or 
equivalent mechanisms, and harmonisation of methodology and practice, such mechanisms should meet on a regular basi s. For this purpose, a 
network should be established. However, in the context of option 3 this goal would be achieved 
 
EN 30   EN Measure Description Justification 
assessment, and 
exchange information and best practices. 
 through a specific binding instrument such as a 
Council Decision.
66 
Comparison of the policy option with CoE Convention 
The added value of an EU instru ment is related to the advantages of the more integrated 
institutional framework of the European Un ion concerning third pi llar instruments, in 
particular Framework Decisions, vi s-à-vis international treaties and conventions. In particular: 
– In contrast with the lengthy pr ocedures to sign and ratify international c onventions that can 
last for many years, Framework Decisions en ter into force exactly as first pillar 
instruments do and set out a rest ricted period for implementation. 
– Member States must notify the national measures implementing Framework Decisions to 
the Council and Commission. The correct and full implementati on of Member States is 
evaluated in an implementation report from the Commission, later a ssessed by the Council. 
In addition, the European Court of Justice is entitled to interpret Framework Decisions via 
preliminary rulings. Sixteen Member States have accepted so far the authority of the 
European Court of Justice to deliver preliminar y rulings as regards instruments of the third 
pillar. 
Moreover, the new FD would provide for a specific legal regime, in particular: 
– Rules on penalties: the new FD would impose a detailed regime on penalties. 
– Rules on jurisdiction: the new FD would in clude rules solving positive conflicts of 
jurisdiction, a set of criteria to determine jurisdiction when several Member States are competent, and encourage the recourse to Euro just for the solution of the conflicts. Such 
rules contribute to ensure fast and efficient prosecution of trafficki ng as a trans-national 
offence. 
– Victim rights and support: the new FD woul d provide for higher standards concerning 
assistance to victims, and spec ific treatment for particularly vulnerable victims in criminal 
proceedings.  
In conclusion, although it is difficult to assess  how far MS will go in the implementation of 
the Convention especially concerning non binding provisions, the adoption of EU legislation 
in this field implies a clear added value. 
4.4. Option (4) New legislation (as in option  3) + non legislative measures (as in 
option 2) 
This option implies that new legislation incl uding all the provisions described under Option 
(3) will be accompanied by non legislative measures, including those described under Option (2). For example, concerning prevention and victim support, the new Framework Decision 
would contain an obligation on MS to make sp ecific tools such as victim support schemes 
available to presumed and identified victims,  within the limits provided for by the Treaty, 
while the non legislative instrument would c ontain the indication of  specific assistance 
                                                
 
66 A proposal for a Council Decision may be submitted at a later stage, following a Conference which will 
be held by the Czech Presidency  in March on this subject.  
 
EN 31   EN measures, criteria, methods, procedures and qual ity standard for the establishment of such 
measures. 
Legislative and non legislative me asures are divided in different  chapter. In the context of 
every chapter, the most important are first mentioned.  
Measure Description Justification 
Definition of trafficking Provision aimed at 
bringing the definition of trafficking in line with international instruments such as the 2000 UN Protocol on trafficking in persons supplementing the UN Convention against transnational Organised Crime, and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings. As in Option 3. 
Penalties and 
aggravating circumstances Provisions aimed at 
further approximation of penalties.  
 As in Option 3. 
Non 
punishment of the victim Provisions aimed at 
protecting victims from prosecution, detention and punishment for crimes they have committed as a direct consequence of their 
being victims of 
trafficking As in option 3.  
Jurisdiction 
and prosecution   
Jurisdiction Provisions aimed at 
enlarging and making more binding extraterritorial jurisdiction rules, and enhancing the role of As in Option 3.  
 
 
EN 32   EN Eurojust in the 
solution of jurisdiction conflicts. 
Investigation and prosecution Provisions aimed at 
ensuring ex officio initiation of the proceedings, and a period of prescription of sufficient duration to allow initiation after the victim has reached the majority As in option 3.  
Investigation 
tools Provision obliging MS 
to make effective investigation tools available to units in charge of trafficking cases. As in Option 3.  
Training Provision aimed at 
ensuring that training is available for law enforcement, especially front line police officers As in Option 3.  
Victim 
protection   
Victims’ rights 
in criminal proceedings Provisions aimed at 
strengthening victims' rights in criminal proceedings, especially dealing with protection, compensation, and specific treatments aimed at preventing secondary victimisation including specific treatment for child victims, and for adult victims under certain circumstances.  
 As in Option 3  
Victim support Obligation on MS to 
establish adequate As in Option 3.  
Concerning the relationship between legislative 
 
EN 33   EN victim support 
schemes for victims based on unconditional assistance since the first stage of the identification process; 
 and non legislative measur es in the context of 
Option 4, the new FD would provide for an obligation to establish victim support schemes, while quality standards, and cooperation agreements for the esta blishment and functioning 
of such schemes would form part of a non legislative document such as Council Conclusions.  
 
Special 
measures for children Provisions aimed at 
ensuring a child friendly approach during the proceedings As in Option 3.  
Training Obligation on MS to 
establish regular training for law enforcement officials likely to come into contact with potential and/or presumable victims, aimed at improving their skills in the identification of a case of trafficking and a trafficking victim;  
 As in Option 3.  
Concerning the relationship between legislative 
and non legislative measur es in the context of 
Option 4, the wide set of  training needs listed 
under option 2 should be dealt with under a different non legislative document such as Council Conclusions , as far as officials other than law enforcement are concerned.  
Prevention   
Criminalisation 
of users Provisions aimed at 
reducing the demand of sexual services and cheap labour, including the possibility to 
criminalise employers 
who knowingly use services exacted from As in Option 3.  
                                                 
67 A provision on the criminalisation of employers has been included in the Propo sal for a Directive of the 
European Parliament and of the Council providing for sanctions against employers of illegally staying 
third-country nationals (COM(2007)249 final) which is close to being agreed. In particular, the 
Commission's proposal would require MS to criminalise an infringement committed by an employer who uses work or services exacted from a person, w ith the knowledge that that  person is a victim of 
trafficking in human beings. Since the Directive would only apply in relation to illegally staying third-
country nationals, a similar provision could be included in the new Framework Decision to cover EU 
 
EN 34   EN a trafficked person;67  
 
Prevention 
measures in countries of destination Adoption of 
preventive measures aimed at discouraging the demand of sexual services and cheap labour including through targeted information and awareness raising campaigns, and sensitisation to gender equality. 
 As in Option 2.  
Prevention 
measures in 
countries of origin Adoption of 
preventive measures 
aimed at promoting gender equality, reducing poverty in targeted areas of source countries, promoting information and awareness, and developing research. 
 As in Option 2.  
Training Regular training for 
officials other than law enforcement officials  Since under the third pillar legal basis only covers 
training for law enforcement, training for other officials likely to come into contact with potential victims, in order to improve prevention, must be organised at national leve l, in cooperation with 
source countries.  
Law enforcement cooperation Establishment of 
appropriate means including funding to improve international law enforcement cooperation, and especially the use of Joint Investigation Teams; As in Option 2.  
                                                                                                                                                         
nationals. Concerning the criminalisation of the buyers of sexual services from trafficked persons, this 
proposal is highly controversial among stakeholders and MS. See paragraph 2.9. 
 
EN 35   EN  
Monitoring   
 Establishment of 
National Rapporteurs or equivalent mechanism. As in Option 3.  
 Establishment of a 
network of such 
monitoring 
mechanisms, with a view to set up 
agreed 
methodology for data collection and 
assessment, and 
exchange information and best practices. 
 As in Option 3.  
5. ANALYSIS OF IMPACTS  
The impact of every policy option is measured below as a function of the magnitude of the 
impact, seen as the level of influence a partic ular policy option would ha ve on specific issues 
falling within the economic, social and f undamental rights context. No significant 
environmental impacts are involved in a ny of the considered policy options.  
Generally speaking, the expected impact in the long run is th e reduction and hopefully the 
eradication of the crime. Impact on the sh ort and medium terms has been taken into 
consideration in particular. When impacts on the long run have been considered, this is specified in the text.  
Table of symbols (distinguishes "-" for costs and "+" benefits) 
Small negative magnitude: - Small positive magnitude: + Medium negative magnitude: -- Medium positive magnitude: ++ Significant negative magnitude: --- Significant positive magnitude: +++ No impact 0 
5.1. Option (1) Status quo 
This option would not address the problem of th e ineffectiveness of current legislation and 
anti-trafficking policy. Member Stat es could not be expected to continue tackling the crime on 
a national level, or in bilatera l cooperation with each other. As  a matter of fact, the results 
achieved at national level are not  adequate, due to the prevalen t nature of trafficking as a 
transnational crime, and therefor e the need arises for further approximation of legislation, and 
 
EN 36   EN adoption of comparable policies, especially c oncerning victims' support. In addition, taking 
into account that trafficking must be considered  a high priority within EU policy, and a cross-
cutting issue affecting many fields of EU acti on, the option of not taking any action at the EU 
level would be not justified.  
In principle, all EU Member States may ratif y the Council of Europe Convention on action 
against trafficking in human beings. The CoE Convention is an important instrument, whose 
implementation would be a significant step forward. In fact th e Convention adopts a 
comprehensive and human rights centred appro ach dealing with prev ention, assistance to 
victims, non punishment and residence status of victims, obligation to criminalise, and 
prosecution. The implementation of such provisi ons by MS is to be seen as an important 
achievement, and therefore the EU has always en couraged MS to ratify the Convention. Since 
the large majority of MS have signed the Conve ntion, out of which 11 ha ve already ratified, it 
is possible to conclude that there is no reluctance to ratify and implement the Convention by 
MS.  
However, it is necessary to point out that the provisions of the Convention can be said to fall 
into 3 categories: those that  are binding on signatories, t hose that are non-binding, and 
binding provisions which allow states to make a reservation. For exampl e, the criminalisation 
of users of services exacted from a victim with the knowledge  that the person has been 
trafficking is a non binding provision. The non punishment of the victim for unlawful 
activities she/he has been compelled to commit is just a possibility. The extraterritorial 
jurisdiction rule for the prosecu tion of nationals and habitual residents who commit the crime 
abroad allows reservations. Ther efore the impact of ratification should be assessed taking into 
account that MS are not bound to implement all the provisions under the Convention.  
Moreover, approximation that could be achieve d through MS' ratificat ions would not bring 
about the same results as le gislation at EU level.  
In addition and beyond the Council of Europe C onvention, all the considerations developed 
under paragraph 2.6 must be recalled here, with re spect to the crime being expected to remain 
stable or even grow if no eff ective deterrence is put in place in the near future. For all the 
above mentioned reasons, this option has been discarded at an early stage, and will not be 
subject to further evaluation.  
5.2. Option (2) Non legislative measures 
5.2.1.  Economic impact 
The economic impact of this option is mostly linked to the establishment of victims support 
schemes and training. Taking into account that so far such measures have been scarcely implemented, it is not easy to quantify the ec onomic impact of this policy option on the 
national budget. Some indications  derive from the replies gi ven by Member States to the 
questionnaire circulated by the Commission in  December 2007, which are analysed more in 
details under Option 4. Howeve r, under this policy option th e estimated costs are less 
significant, due to the low level of complian ce of MS which is expected by stakeholders. 
The costs of preventive measures aimed at reduci ng social vulnerability in  countries of origin 
cannot easily be assessed. MS' replies to the abovementioned questionnaire do not allow a 
precise overview or a cost estimate. Although the question has been addressed to stakeholders 
during the consultation, no valuable informati on has been transmitted. However, the positive 
effects of such policies could also be undermined  as a consequence of the expected low level 
of implementation deriving from the non binding na ture of the instrument under this option.  
 
EN 37   EN Concerning law enforcement cooperation, according to Europol the estimated cost of a Joint 
Investigation team which is going to be established by the London Metropolitan Police is 
EUR 1,645,800 for 12 months investigation.  
Magnitude of the positive economic impact: + 
Magnitude of the negat ive economic impact: -  
5.2.2.  Social impact 
This policy option would have in principle considerable social im pacts, especially concerning 
victims who benefit from assistance and social integration schemes, assuming compliance was high. In particular, the main social impact of option 2 is related to the fact that victims are 
supported in the process of recovery and reha bilitation, and receive he lp to their social 
integration including the integrati on in the labour market, in the country of origin or in the 
receiving country. However, as in the case of the economic imp act, the magnitude of such an 
impact both concerning costs a nd benefits is dramatically re duced as a consequence of the 
low level of expected compliance. 
Magnitude of the positive social impact: + 
Magnitude of the negative social impact: - 
5.2.3.  Fundamental rights impact 
This option would have a positive impact on f undamental rights. Measures to effectively 
address trafficking of human bei ngs, in particular children, c ontribute to promote the rights 
enshrined in Article 5 (3) and 24 of the EU Ch arter. However, since assistance programmes 
normally imply the collection of personal data, in  case of incorrect implementation of this 
option, a negative fundamental righ ts impact could affect the ri ght to privacy, the protection 
of personal data, and even the right to safet y. However, these risks could be minimised by 
ensuring the data are stored in the respect of the specific rules aimed at ensuring the privacy 
and safety of the person concerned. However, the impact on fundamental rights could be not 
significant, due to poor implementation. 
Magnitude of the positive f undamental rights impact: + 
Magnitude of the negative f undamental rights impact: - 
5.2.4.  Relevance of the measure 
Leg/ 
non leg Measure Link to specific 
objective  Cost  
N Establish victim support schemes, 
including quality standards of 
assistance and cooperation 
agreements A2, B1, B3  Depends on 
implementation. System in 
Italy costs EUR 18-21,000 
per victim.  
Estimated cost of victim 
support schemes at EU level in the short term:  
EUR 79,273,184 (for 
further details see Annex I, tables 24 and 25).  
 
EN 38   EN N Establishment of National 
Rapporteurs or equivalent mechanisms D1 Annual budget of the Dutch 
National Rapporteur: 
EUR 560,000. 
Annual budget of the 
'Centre pour l'égalité des chances' (BE): EUR 
236,000. 
 
N Establishment of a network of such 
monitoring mechanisms, with a view to set up agreed methodology for data collection and assessment, and exchange information and best practice D2 The estimated global cost of 
the network (2 meetings a year) is around EUR 100.000. 
N Regular training and joint training for 
public officials likely to come into 
contact with victims A2, A3, B2, 
B3, C2 
 
 CEPOL training course for 
20 law enforcement 
officials EUR 30-35,000  
Unable to quantify the cost 
for other public officials. 
 N Preventive measures in source 
countries C1, C2 Unable to quantify 
N Measures to improve international 
law enforcement cooperation A3 Joint Investigation Team 
for 12 months investigation:
EUR 1,645,800 
N Awareness raising and sensitisation 
campaigns C3 
 Unable to quantify 
5.3. Option (3) New legislation on prosecu tion, victim support, prevention and 
monitoring 
5.3.1.  Economic impact 
The budgetary consequences of the criminal la w provisions cannot be quantified since they 
are included in the general costs of the criminal justice system. 
The economic impact related to the decrease of  severe forms of exploitation has to be 
considered, since this option is  most likely to produce deterre nt effects and a substantial 
reduction of the scale of the crime on the medium -long term. It is necess ary to point out that 
the current dimension of traffi cking has a remarkable negative  economic impact. In fact the 
massive demand of cheap labour creates favour able conditions for private individuals and 
enterprises which use such services, and ther efore causes distortions of competition. Although 
it is impossible to quantify the economic advantag es deriving from the reduction of the scale 
of the crime, the effects should be signifi cant taking into account the above mentioned 
estimates on the proceeds of  crime (see paragraph 2.3).  
 
EN 39   EN Concerning the cost of assistance measures for vi ctims, some figures are available concerning 
national systems, on the ba sis of which an extrapolation of estimated costs will be developed 
under option 4, since that option implies the hi ghest level of expect ed implementation.  
As an example of the cost of an excellent national monitoring mechanism, the Dutch National 
Rapporteur office has an annual budget of EUR 560,000. The Belgian Centre pour l'égalité 
des chances indicates the annual budget of EUR 236,000.  
Magnitude of the positive economic impact: + 
Magnitude of the negat ive economic impact: -  
5.3.2.  Social impact 
In the long run signific ant impacts are expected, relating to  security and victims' rights in 
criminal proceedings. The assumption is that, by improving the process of approximation and 
therefore law enforcement and judicial cooperation, the number and the quality of 
investigation and prosecution will significantly increase. A positive impact is also connected 
with the protection of victim s from prosecution, which will favour their cooperation with 
judicial authorities, and with the increased use of investigative tools which have proven 
effective in organised crime cases. Concerning vi ctims, the expected im pact is also positive 
especially concerning their access to justice. An  increased capacity to claim their rights, and 
especially to claim compensation, should derive  from an improved role of victims in the 
procedure and the establishment of appr opriate means designed for this purpose.68 
Concerning the obligation to criminalise c lients who knowingly buy sexual services from 
trafficked persons, some stakeholders have underlined the potential positive impact of the criminalisation of clients in relation to the reduction of the demand of sexual services, and therefore the reduction of prostitution.
69 On the contrary, some othe r stakeholders  highlighted 
a risk connected with such measures, which coul d turn to a great disadvantage for prostitutes 
themselves, could increase the level of illega lity of prostitution, and deprive trafficked 
persons of the help of clients. As a matter of fact, in various national experiences it is reported 
that clients have been of so me help. In a certain number of  cases they have accompanied 
trafficked women to services.70  
The social impact of victim support measures will be further analysed under option 4, which 
is expected to have the best  chances of good implementation. However, it is possible to 
anticipate that the expected social impact is positiv e, in terms of social integration of victims 
during and after criminal proceedings.  
Magnitude of the positive social impact: ++ 
Magnitude of the negative social impact: - 
5.3.3.  Fundamental rights impact 
This option has a positive impact on fundamental rights. As explained a bove, the right to be 
protected from slavery, forced labour and serv itude has been acknowledged by the European 
Court of Human Rights in the leading case Siliadin v. France.71 In addition, measures to 
                                                 
68 OSCE-ODIHR, Compensation for Trafficked and Expl oited Persons in the OSCE Region , Warsaw, 
2008.  
69 See paragraph 2.9. 
70 Ahtnet, Networking against human trafficking, Life Stories , June 2007, Project funded under Equal, 
European Social Fund 
71 European Court of Human Rights, Second Sectio n, Case of Siliadin v.  France (Application no. 
73316/01), Judgement of 26 July 2005.  
 
EN 40   EN effectively address trafficking of human beings  and, in particular ch ildren, promote the rights 
enshrined in Article 5 (3) and 24 of the EU Ch arter. The right of th e victim to accurate, 
impartial, effective, and quick investigation72 is also involved, and would be made effective 
by an increased recognition of  the role of the victim in the criminal procedure.  
A possible negative impact deriving from the increased role of the victim in criminal 
proceedings could accrue, if this strengthen ed role would be such as to endanger the 
defendant's procedural rights, in particular the right to a fair tr ial (Article 47 EU Charter) and 
the right of defence (Article 48 of EU Char ter) However, the European Court of Human 
Rights has established clear principles to reco ncile the respective rights of the defendant and 
the victim.73 Especially in cases of sexual abuse wher e children are involved the relevance of 
the right to respect for private life of the child concerned must be taken into account.74 
Therefore the risk of violation of the defe ndant's rights can be a voided through a careful 
drafting of the legislative texts as well as proper implementation and application by Member 
States. 
Magnitude of the positive f undamental rights impact: ++ 
Magnitude of the negative f undamental rights impact: - 
5.3.4.  Relevance of the measure 
Leg/ non leg Measure Link to 
specific objective  Cost  
L Bringing definition of trafficking 
into line with international instruments A1, A3  
 No direct cost 
L Approximation of penalties A1 No direct cost 
L Protecting victims from 
prosecution for crimes committed as result of victimisation A2, B2 
 No direct cost 
L Enlarged and more binding 
extraterritorial jurisdiction rules A4 No direct cost 
                                                 
72 See in particular, as first examples of this relativ ely recent jurisprudence, th e following cases: Aksoy v. 
Turkey , 18.12.1996; Kaya v. Turkey, 19.2.98; Selmouni v. France, 28.7.99. 
73 In particular, in Doorson v. The Netherlands – 26.3.96 (under Art. 6) the Court stated that, although 
Article 6 of the Convention does not explicitly require the interest of witness in general, and those of victims called upon to testify in particular, to be taken into consideration, however when their life, 
liberty or security of person may be at stake, such  interest of witnesses and victims are protected by 
other Articles of the Convention. Therefore the principl es of fair trial also require that, in appropriate 
cases, the interest of the defence are balanced against those of witn esses or victims called upon to 
testify. In the case Birutis and others v. Lithuania – 28.3.02 (under Art. 6) the Court identified the limits 
of such a balance, stating that, in  principle, no conviction may be based, either solely or to a large 
extent, on the statement of a witness the defendant wa s not able to confront, e ither as a consequence of 
the absence or the anonym ity of the witness.  
74 S.N. v. Sweden, 2.7.02. The Court did not hold a br each of Article 6 of the Co nvention in a case where 
the testimony of the child had been videotaped at an  early stage of the proceed ings by a police official. 
Judgement of the European Court of Justice, Pupino, Case C-105/03 (16 June 2005). 
 
EN 41   EN L Generalised use of effective 
investigation tool s for organised 
crime A3 No direct cost 
L Increased protection of victims' 
rights in criminal proceedings B3, B4 No direct cost 
L Obligation on MS to provide 
adequate victim support A2, B1, B3, 
B4,  Depends on 
implementation. System in Italy costs EUR 18-21,000 per victim.  
Estimated cost of victim 
support schemes at EU level in the short term:  
EUR 79,273,184 (for 
further details see Annex I, tables 24 and 25).  
L Measures aimed at reducing the 
demand of sexual services and 
cheap labour75 C3 Unable to quantify 
L Obligation to establish regular 
training for law enforcement A2, A3, B2, 
B3, C2 
  CEPOL training course for 
20 law enforcement officials EUR 30-35,000 
L National Rapporteurs or 
equivalent mechanisms for the monitoring  D1 Annual budget of the Dutch 
National Rapporteur: 
EUR 560,000. Annual budget of the 
'Centre pour l'égalité des chances' (BE): EUR 236,000. 
 
L Network of such monitoring 
mechanisms D2 The estimated global cost of 
the network (2 meetings a year) is around EUR 100.000. 
Magnitude of the positive f undamental rights impact ++ 
Magnitude of the negative fundamental rights impact - 
                                                 
75 These measures could eventually include the criminalisation of employers and clients who knowingly 
use the services of a trafficked pe rson, taking into account the results of the ongoing debate on this 
issue.  
 
EN 42   EN 5.4. Option (4) New legislation (as in option  3) + non legislative measures (as in 
option 2) 
This option is based on a combination of legislative76 and non legislative measures. Therefore 
concerning its impact, all the considerations an d evaluations developed with respect to option 
2 and option 3 must be recalled. This combinati on includes the highest level of regulation and 
therefore implies higher costs and benefits compared to the prev ious options. Furthermore, it 
is necessary to underline that the level of im plementation is most pr obably higher compared 
to the one which could be expected if the two instruments would stand alone. 
Therefore, the following impact can be expected:  
5.4.1.  Economic impact 
In addition to all the considerations developed under option 2 and 3, the co sts related to victim 
support and prevention measures must be more  carefully assessed, since this option is 
considered to be better place to ensure an ex cellent level of implementation. As examples of 
the costs bore by MS to assist victims of tr afficking, we have figures given by MS. In 2005 
Belgium spent 635.381 EUR (amount provided to th e three centres services providers), and 
assisted 121 victims. In 2006 Italy spen t EUR 4,000,000 and assisted 2,143 victims; the 
Czech Republic spent EUR 72,000 and assisted 14 victims; Finland spent EUR 100,000 and 
assisted 9 victims; Lithuania spent EUR 12,000 and assisted 96 victim s; Slovenia spent EUR 
40,740 and assisted 40 victims.77 
For other countries we know the amount spen t for victims support schemes but we do not 
dispose of figures concerning assisted victims. DKK 8,25 milli on were spent in Denmark, 
EUR 195,825.69 in Germany, PLN 400,000 in Poland, EUR 40,740 in Spain, EUR 1,337,759 
in Sweden. Further public funds have been  devoted in 2006 to other actions against 
trafficking, such as EUR 10,000 in Cyprus, 30, 000 in the Czech Republic, 2,500,000 in Italy, 
406,000 in Luxembourg, PLN 100,000 in Poland, EUR 91,195 in Slovenia.78 The country that 
spent the highest level of public funds to vi ctims' assistance is Italy, where EUR 6,500,000 in 
total was devoted in 2006 to such purposes. Although further increase would be needed to 
improve the policy goals, the total amount of th e costs is affordable. Some support can be 
offered by the EU funding.  
According to stakeholders from Italy, the co st of an assistance and social integration 
programme including accommodati on, protection, healthcare, psychological assistance, legal 
counselling, education or traini ng, language training, support in the social integration at work, 
amounts to EUR 50-60 a day for ev ery victim. The medium annual cost in Italy goes from 
EUR 18,000 to 21,000 per victim. However, it would be  for Member States to decide the most 
appropriate means for implementing the t ypes of assistance to be set out.  
The costs of preventive measures cannot easi ly be assessed. We only dispose of estimates 
concerning the cost of training for law enforcem ent officials. According to estimates related 
to costs of training courses run by CEPOL, for a training of law enforcement officials 
involving around 20 people for 5 days, the total cost is around EUR 30-35,000.  
                                                 
76 See footnote 64. 
77 Source: MS Replies to the questionnaire. Is has to  be underlined that the figures are not completely 
comparable due to the different types of assist ance measures, the different institutional framework 
(federal/national/local funding), an d the different methodology used to identify the public funding 
devoted to victims. 
78 Source: idem . 
 
EN 43   EN Since good implementation is expected in the short-medium term for such an option, and 
therefore a significant increase of victims assi sted, and public officials participating in 
training on a regular basis, this  option has a considerable potential economic impact on MS. 
On the other hand, the expected benefit in terms of the reduction of the scale of the crime and 
protection of fundamental rights fully justify such costs.  
Magnitude of the positive economic impact: ++ 
Magnitude of the negat ive economic impact: -- 
5.4.2.  Social impact 
In addition to the considerations developed und er option 3, the impact  of social assistance 
measures for victims must be underlined here. Under this option good re sults are expected in 
terms of victim support. If victims receive help  in the process of recovery, rehabilitation and 
social integration, there will be a positive impact  relating to the access of such workers to the 
labour market in the country of origin or des tination. Although there are considerable flows of 
trafficking within the EU area,  the positive impact will partic ularly affect third country 
nationals. The dimension of such an impact will depend on the implementation of social integration schemes. In the long run it could have an impact comp arable to the actual scale of 
the criminal phenomenon, and therefore involve  several hundred thous and people currently 
subject to economic exploitation.  
Theoretically there could be a negative imp act on the labour market, related to the 
competition between migrant workers and nationals. However, since trafficking victims who receive help for their social inclusion normally specialise in areas where competition is scarce 
and job opportunities are higher; it cannot be excluded that they therefore contribute to the 
differentiation of skills w ithin the labour market.  
A positive impact on public health is also exp ected. Especially concerning trafficking for 
sexual exploitation, there is an increasing risk  of exposure to HIV concerning first of all 
victims who are compelled to accept non protecte d sexual intercou rse, for clients who ask for 
such services, and consequently for people, mostly women, who have sexual relationships 
with such clients. By empowering women, the w hole dimension of the health problem will be 
positively influenced.
79  
Preventive measures have a specific positive impact on third countries, as a consequence of 
programmes aimed at poverty reduction, empowerme nt of women, reduction of vulnerability 
of children and targeted groups, especially the most at risk of poverty, the unemployed, those 
at risk as a consequence of armed conflicts.  
Magnitude of the positive social impact: +++ 
Magnitude of the negative social impact: - 
5.4.3.  Fundamental rights impact 
All the considerations develope d under Option 2 and 3 must be recalled here. Furthermore, a 
positive impact is expected concerning the resp ect for victims' dignity, in accordance with 
Article 1 of the EU Charter and Article 2 of  the Framework Decision on the standing of 
victims in criminal proceedings, as a conse quence of full implementa tion of victim support 
mechanisms. Every provision aimed at supporting victims in the concrete  exercise of their 
rights in criminal proceedings su ch as assistance measure, psychological assistance and legal 
counselling, will empower them and contribute to strengthen the respect for thei r dignity. In 
                                                 
79 Humanist Committee on Human Rights (HOM), Health Rights of Women, Assessment Instrument , 2006 
 
EN 44   EN addition, specific provisions aimed at protectin g victims from secondary victimisation may 
contribute to enhance the resp ect for victim's dignity.  
Magnitude of the positive fundamental rights impact: +++ 
Magnitude of the negative f undamental rights impact: - 
5.4.4.  Relevance of the measure 
Leg/ 
non leg Measure Link to 
specific objective  Cost  
L Bringing definition of trafficking into 
line with international instruments A1, A3  
 No direct cost 
L Approximation of penalties A1 No direct cost 
L Protecting victims from prosecution for 
crimes committed as result of victimisation A2, B2 
 No direct cost 
L Enlarged and more binding 
extraterritorial jurisdiction rules A4 No direct cost 
L Generalised use of effective investigation 
tools for organised crime A3 No direct cost 
L Increased protection of victims' rights in 
criminal proceedings B3, B4 No direct cost 
L Obligation on MS to provide adequate 
victim support A2, B1, B3, 
B4,  Depends on 
implementation. System in Italy costs EUR 18-21,000 per victim. 
Estimated cost of victim 
support schemes at EU level in the short term:  
EUR 79,273,184 (for 
further details see Annex I, tables 24 and 25).  
N Description of vict im support schemes, 
including quality standards of assistance A2, B1, B3 (See above) 
 
EN 45   EN and cooperation agreements 
L Measures aimed at reducing the demand 
of sexual services and cheap labour80 C3 Unable to quantify 
L Obligation to establish regular training 
for law enforcement A2, A3, B2, 
B3, C2 
  CEPOL training course for 
20 law enforcement officials  
EUR 30-35,000  
N Training for other public officials A2, A3, B2, 
B3, C2 
 Unable to quantify 
N Training for prosecutors and judges A2, A3, B2, 
B3, C2 
 Unable to quantify 
L National Rapporteurs or equivalent 
mechanisms for the monitoring  D1 Annual budget of the Dutch 
National Rapporteur: 
EUR 560,000;  Annual budget of the 
'Centre pour l'égalité des chances' (BE): 
EUR 236,000 
L Network of such monitoring mechanism s D2 The estimated global cost of 
the network (2 meetings a year) is around EUR 100.000. 
 N Preventive measures in source countries C1, C2 Unable to quantify 
N Measures to improve international law 
enforcement cooperation A3 Joint Investigation Team 
for 12 months investigation:
EUR 1,645,800 
N Awareness raising and sensitisation 
campaigns C3 
 Unable to quantify 
                                                 
80 These measures could eventually include the criminalisation of employers and clients who knowingly 
use the services of a trafficked pe rson, taking into account the results of the ongoing debate on this 
issue.  
 
EN 46   EN 6. COMPARING THE OPTIONS  
6.1. Summary table: costs and benefits 
Options Economic impact Social impact Fundamental rights 
impact 
Option 2  
Non legislative instrument negative: - 
positive: + negative: - 
positive: + negative: - 
positive: + 
Option 3 New legislation  negative: - 
positive: + negative: - 
positive: ++ negative: - 
positive: ++ 
Option 4 
New legislation + non legislative 
instrument 
 negative: -- 
positive: ++ negative: - 
positive: +++ negative: - 
positive: +++ 
 
 
EN 47   EN 6.2. Advantages and drawbacks of the policy options 
Policy options Advantages Drawbacks 
Option 2: Non legislative 
measures Detailed description of 
assistance measures to be available for trafficked persons 
Detailed description of 
cooperation agreements between law enforcement and service providers 
Generalisation of the best 
national practices on victims assistance and protection 
Establishment of quality 
standard of assistance measures based on best practices 
Detailed description of 
training modules for law enforcement and other public officials 
Detailed description of 
preventive measures based on best practices 
  No binding rules concerning 
the establishment of victims support schemes 
No new rules on substantive 
criminal law, penalties and jurisdiction will be established. 
Lack of control on national 
implementation. 
EU trafficking legislation to 
prevent and combat trafficking continue to be outdated in relation to the UN and CoE.  
No binding rules concerning 
the establishment of training for law enforcement 
No binding rules concerning 
prevention 
 
Option 3: New legislation on 
prosecution, victim support, prevention and monitoring Provisions concerning 
definition and penalties will facilitate approximation and international cooperation 
Non-punishment clause will 
facilitate cooperation of victims 
The need for appropriate 
organised crime investigation tools will be addressed 
The need to extend 
extraterritorial jurisdiction rules will be addressed.  
The obligation to establish 
victims support schemes will be addressed, although in general terms 
The training needs will be 
addressed, although in general No specific indications 
concerning standard assistance measures  
No specific indications 
concerning memorandum of understanding between public institutions and NGOs or other service providers in the field of assistance measures, nor in the field of prevention measures.  
No specific indications 
concerning curricula for training 
Increase of illegality of 
prostitution 
Clients not anymore a 
resource in the fight against trafficking 
 
EN 48   EN terms  
The need for preventive 
measures will be addressed, although in general terms 
Possibility to discourage the 
demand of sexual services 
Possibility to discourage the 
demand of cheap labour 
The need for a network of 
national monitoring mechanisms addressed Risk for immediate 
deportation of workers, if effective measures to protect them are not in place
81  
Option 4: New legislation (as in option 3) + non legislative measures Provisions concerning 
definition and penalties will facilitate approximation and international cooperation 
Non-punishment clause will 
facilitate cooperation of victims 
The need for appropriate 
organised crime investigation tools will be addressed 
The need to extend 
extraterritorial jurisdiction rules will be addressed.  
The obligation to establish 
victims support schemes will be addressed, although in general terms 
The training needs for law 
enforcement and other public officials, and the judiciary will be addressed  
The need for preventive 
measures will be addressed, 
although in general terms 
Possibility to reduce the 
demand of sexual services 
Possibility to discourage the 
demand of cheap labour 
Detailed description of Increase of illegality of 
prostitution 
Clients not anymore a 
resource in the fight against trafficking 
Risk for immediate 
deportation of workers, if effective measures to protect them are not in place
82  
                                                 
81 The last three drawbacks would be expected if the legislation provided for cr iminalisation of users. 
82 Idem.  
 
EN 49   EN assistance measures to be 
available for trafficked persons 
Detailed description of 
cooperation agreements between law enforcement and service providers 
Generalisation of the best 
national practices on victims assistance and protection 
Establishment of quality 
standard of assistance measures based on best practices 
Detailed description of 
training modules  
Detailed description of 
preventive measures based on 
best practices 
The need to establish a 
network of national monitoring mechanisms will be addressed 
 
 
EN 50   EN 6.3. Comparison of options  
Option (2) Non legislative measures  
This option has all the advantages and disadvant ages related to a soft law instrument. The 
positive side is that it is possible to describe each policy option in a way which is consistent 
with the best national practices, and thereby fac ilitate the identification of which measures are 
best in terms of effectiveness. However, this option, in so far as it im plies that no EU new 
legislation will be adopted, is not consistent wi th the need for more effective provisions which 
has been highlighted in the recently  adopted Commission Working Document,83 especially 
concerning victims' support schemes. Furtherm ore, although non legislative documents were 
adopted on many occasions,84 the response was not satisfactor y. Therefore the expected level 
of compliance concerning this option is particul arly low. In addition, option (2) implies that 
criminal law issues will not be addressed, wh ile certain problems related to substantive 
criminal law and prosecution are crucial to curb  and eradicate the crime.  Finally, the relevant 
stakeholders, both from governments and civil soci ety organisations welcom ed the revision of 
legislation, and showed a genera l awareness that legislation is needed in this field.  
Option (3) – New legislation on prosecution, victim support, prevention and monitoring 
This option has the added value of establishi ng binding provisions, and therefore a higher 
level of implementation and effectiveness is  expected. In additi on, it would address the 
criminal law legal framework and at the same time victim support, prevention and monitoring. 
The need for such a holistic approach has b een particularly highlighted by many experts 
during the consultation phase, and strongly underlined by  the whole Experts Group on 
trafficking in human beings.85 Especially the alignment of the substantive criminal law 
provisions, the non punishment clause, the enlargem ent of the extraterrito rial jurisdiction rule, 
and the obligation to establish victims support sche mes must be considered at the core of the 
revision. Taking into account the results of su ch a policy in national good practice, both in 
terms of human rights protection and prosecution, such an obligation is itself an added value 
of the proposal. 
Option (4) New legislation (as in option 3) + non legislative measures (as in option 2) 
This option is expected to maximise the pos itive impact of both the legislative and non 
legislative instruments. The binding natu re of the provisions of the legislation86 based on 
integrated approach and dealing with all the es sential aspects of anti- trafficking policy would 
establish an obligation to take action in certa in fields and would be complemented by a non 
binding instrument containing more precise indica tions on standards, pro cedures and criteria 
to adopt such measures in the most effective wa y. This option is expected to be particularly 
effective because of the binding  nature of the obligation to take action on certain aspects 
which are considered crucial to effectively pr event and fight against the crime. In addition, 
MS would be offered guidance for the concre te adoption of such measures through the non 
legislative instrument, which would be base d on good practices, and therefore would favour 
the establishment of the highest quality standa rds. In addition, further action aimed at the 
implementation of the new provisions would be  identified. Therefore this option appears 
better placed to achieve the identified objectives. 
                                                 
83 Commission Working Document COM(2008)657, cit. 
84 Brussels Declaration, cit., Experts Group Report  2004, cit., Recommendations on identification and 
referral to services, 2007, cit,. 
85 Written opinion issued by the Expert Group  after the meeting on 2-3 October 2008. 
86 See footnote 56. 
 
EN 51   EN 6.4. Added value of Option (4) 
6.4.1.  Compared to the current Framework Decision 2002/629/JHA 
Compared to the current Framework Decision, Op tion (4) shows the adde d value of a broader 
approach including criminal law, victim support,  prevention, and monitoring. In addition, the 
combination of legislative and non legislativ e instruments enables MS to achieve better 
results concerning implementation, since the obligation to establish measures will be 
complemented by guidance based on best practice.  
In particular, the following new elements would be included in the legislative or in the non 
legislative instrument: 
6.4.1.1.  Substantive criminal law 
– Broader definition of trafficking, in line with other international instruments, and 
comprising any illicit purpose including th e removal of organs (legislation);  
– Further approximation of penalties and higher standard of penalties (legislation); 
– Clause of non punishment (legislation); 
– Broader and more binding extraterritorial jurisdiction rule (legislation); 
– Provision aimed at strengthening investig ation and prosecution  (legislation).  
6.4.1.2.  Victims protection and support 
– Provisions aimed at protecti ng victims from secondary victimisation including all 
child victims and on a case by case basi s also adult victims on certain grounds 
(legislation); 
– Provisions aimed at improving protection (legislation);  
– Provisions aimed at enabling victims to claim compensation (legislation); 
– Provisions concerning the es tablishment of a national mechanism to refer victims 
to services (legislation + non legislative measures). 
6.4.1.3.  Prevention 
Awareness raising (non legislative measures); Training for law enforcement (legis lation + non legislative measures); 
Training for other public official s (non legislative measures); 
Measures aimed at discouraging the dema nd of sexual services and cheap labour 
(legislation + non legi slative measures). 
6.4.1.4 Monitoring systems  Establishment and networking of National Rapporteurs or equivalent 
mechanisms. 
6.4.2.  Compared to the Council of Europe C onvention on Action against Trafficking in 
Human Beings 
– Approximation of penalties; 
– Better formulation of the non punishment clause; 
– Broader and more binding extrater ritorial jurisdiction rules;  
– Better standards of victim assistance; 
 
EN 52   EN – Binding and more detailed regulation of training for law enforcement; 
– Obligation to make available investigativ e tools designed for organised crime cases; 
– More binding nature of the EU acquis.  
7. MONITORING AND EVALUATION  
For the evaluation of anti-trafficking policy fa lling under the competence of Member States, 
the relevant indicators are contained in an A ssessment Manual which is the result of a study 
funded by the Commission.87 Regarding indicators for data collection from uno fficial sources 
and assessment of the scale of  the crime, a consultation88 is ongoing in cooperation between 
the Commission and ILO. Two projects funde d by the Commission and led by Austria in 
cooperation with IOM and Portuga l in cooperation with ICMPD will be the basis for the 
issuing of Guidelines on data collection on trafficking in human beings at the European level. 
The Guidelines will establish the comm on framework and met hodology for national 
monitoring mechanisms and comprise specific indicators on both the scale of crime and the 
results achieved in anti-trafficking policy.  
With respect to the specific and operational objectives identified in this impact assessment, 
rough indicators could be the following:  
Objective Indicator 
Specific Objective: 
A. To prosecute the crime   
Number of investigated  and prosecuted cases 
Number of convictions A.1 To impose effective, 
proportionate and dissuasive penalties 
Level of penalties 
Number of victims who reported the crime A.2 To facilitate victims' 
cooperation with judi cial authorities 
Number of victims who acted as witnesses 
Number of cases in which some international 
cooperation tools have been used 
Number of cases in which Joint Investigation Teams have been used A.3 To remove obstacles to international cooperation and generalize the use of investigative 
tools which are effective in organised crime and transnational cases 
Number of cases in which exchange of information 
through Europol has been carried out 
A.4 To facilitate prosecution traffickers when the offence has Number of cases prosecuted on the basis of 
extraterritorial jurisdiction 
                                                 
87 Mike Dottridge, Measuring Responses to Trafficking in Human Beings in the European Union: an 
Assessment Manual,  2007, Study funded by JLS. 
88 The consultation on line is based on the DELPHI me thod. The results will be available by the end of 
2008.  
 
EN 53   EN been committed out of the territory 
of the State Number of jurisdiction conflicts solved through 
Eurojust 
Specific Objective:  
B. To protect victims' rights  
Number of victims who have  received assistance;  B.1 To provide any presumed 
victim with unconditional and individualised assistance before, during and after criminal proceedings Number of victims who have been subsequently 
integrated into the labour mark et, in countries of origin 
or destination 
B.2 To protect victims from detention and prosecution for crimes they have been induced to commit such as violations of immigration laws Decreased number of victim s held in detention or 
prosecuted for such crimes 
Number of victims incl uding child victims who 
benefited from specific treatment;  B3 To increase the protection of victims from secondary victimisation deriving form the way the proceedings are carried out Types of treatment available and implemented in 
trafficking cases 
Number of victims who were considered at risk on the 
basis of a risk assessment 
Number of victims who we re enrolled in protection 
programmes B4 To establish specific means aimed at ensuring effective protection and compensation 
Number of victims who received legal counselling 
Specific Objective: 
C. To prevent trafficking   
Number of women, children and other targeted groups 
who received support in  each third-country C.1 To reduce vulnerability factors 
in countries of origin 
Number of targeted actions carried out in third 
countries 
Number of training available for law enforcement and the judiciary 
Number of training availabl e for other relevant public 
officials C.2 To improve skills of public officials likely to come into contact with potential victims;  
Number of participants for each type of training 
 
EN 54   EN C.3 To discourage the demand of 
sexual services and cheap labour No indicators have been identified at this stage 
Specific Objective:  
D. To establish effective 
monitoring systems   
Monitoring mechanism established at national level D.1 To set up consistent national 
mechanisms such as National Rapporteurs or equivalent mechanisms Tasks, human resources and budget set up 
Rules for cooperation set up 
Number of meetings of the network D.2 To establish close cooperation 
between such mechanisms 
Number of information exchanged through the 
established channels 
 
 
EN 55   EN ANNEX I  
FIGURES  
1. Cases of trafficking for sexual expl oitation investigated or prosecuted89 
Country 2001 2003 2005 2006 
Austria 48 223 93 128 
Belgium90  n/a n/a n/a 291 
Bulgaria n/a n/a 191/21191 291/329 
Cyprus n/a n/a n/a n/a 
Czech Rep 27 10 16 16 
Finland n/a n/a 3 6 
France  n/a n/a n/a n/a 
Germany n/a n/a 317 353 
Hungary92 0 0 5 5 
Italy93 n/a 60 201 214 
Latvia 12 13 17 24 
Lithuania 19 18 18 21 
Luxemburg 2 2 1 4 
Netherlands n/a n/a n/a n/a 
Malta 0 1 1 1 
Poland94 31 14 19 21 
Portugal 46 51 67 65 
                                                 
89 Figures included in Tables 1-23 of Annex I derive from the replies given by 23 MS and Norway to the 
Questionnaire circulated by the Commission in December 2008. They have been used for the 
Commission Working Document Evaluation and monitoring of the implementation of the EU Plan on best practices, standards and procedures for comb ating and preventing trafficking in human beings, 
COM(2008)657 final. Romania sent a reply after the deadline. However, relevant answers have been 
included in Tables 9-21. Figures related to Tables 1-8, and 22-23 were not available. Tables 24-25 of Annex I contain a cost extrapolation based on the previous tables. However, Romania has been included 
in the estimated extrapolation of costs.  
90 Statistics on prosecution are only available since 2006.  
91 Number of proceedings vs number of vi ctims; including tra fficking of labour. 
92 The figure also includes  cases of forced labour. 
93 The figures are related to the crime of reduction to slavery, slave trade, and tr afficking in human beings, 
including for the purpose of sexual and labour exploitation (source: National Antimafia Directorate).  
94 The figure also includes  cases of forced labour. 
 
EN 56   EN Slovakia 6 28 14 11 
Slovenia 4 4 5 6 
Spain95 n/a n/a n/a n/a 
Sweden n/a 22 44 27 
UK n/a n/a 37 54 
Norway n/a n/a 8 29 
2. Cases investigated or prosecuted, in whic h the offence was committed against a child  
Country 2001 2003 2005 2006 
Austria n/a n/a n/a n/a 
Belgium  n/a n/a n/a n/a 
Bulgaria n/a n/a 6196 62 
Cyprus n/a n/a n/a n/a 
Czech Rep 5 1 4 6 
Finland n/a n/a 1 2 
France  n/a n/a n/a n/a 
Germany n/a n/a 51 62 
Hungary97 0 0 5 2 
Italy n/a 12 14 32 
Latvia 2 0 1  
Lithuania n/a 0 0 3 
Luxemburg 0 0 0 1 
Malta 0 0 0 0 
Netherlands n/a n/a n/a n/a 
Poland n/a n/a n/a n/a 
Portugal 10 2 2 2 
Slovakia 4 5 4 8 
                                                 
95 These statistics are already included in the reply to question 1.1.1.4. 
96 Including trafficking of labour. 
97 The figure also includes  cases of forced labour. 
 
EN 57   EN Slovenia 0 1 0 0 
Spain n/a n/a n/a n/a 
Sweden n/a n/a n/a n/a 
UK n/a n/a n/a n/a 
Norway n/a n/a n/a n/a 
3. Cases of trafficking for sexual exploitation sentenced  
Country 2001 2003 2005 2006 
Austria 11 11 25 18 
Belgium  23 46 47 n/a 
Bulgaria n/a n/a 27 72 
Cyprus n/a n/a n/a n/a 
Czech Rep 0 15 19 10 
Finland n/a n/a n/a 1 
France98 n/a n/a n/a 2 
Germany n/a n/a n/a 199 
Hungary n/a n/a n/a n/a 
Italy n/a n/a n/a n/a 
Latvia 0 20 21 36 
Lithuania n/a n/a n/a n/a 
Luxemburg 0 0 1 4 
Netherlands n/a n/a n/a n/a 
Malta 0 0 0 1 
Poland100 10 6 16 14 
Portugal 22 41 55 49 
Slovakia101 8 7 6 32 
Slovenia 0 0 0 1 
                                                 
98 Legislation establishing trafficking as a criminal offence was passed in 2003.  
99 Sentence against one person, but involving several cases. 
100 The figure also includes  cases of forced labour. 
101 The figures include cases of forced labour etc. 
 
EN 58   EN Spain102 n/a n/a n/a n/a 
Sweden n/a 1 7 11 
UK n/a n/a 21 29 
Norway n/a n/a n/a n/a 
4. Cases sentenced, in which the offence was committed against a child  
Country 2001 2003 2005 2006 
Austria n/a n/a n/a n/a 
Belgium 2 7 4 n/a 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a n/a 
Czech Rep n/a n/a n/a n/a 
Finland n/a n/a n/a n/a 
France n/a n/a n/a n/a 
Germany n/a n/a n/a n/a 
Hungary n/a n/a n/a n/a 
Italy n/a n/a n/a n/a 
Latvia n/a n/a n/a n/a 
Lithuania n/a n/a n/a n/a 
Luxemburg 0 0 0 1 
Netherlands n/a n/a n/a n/a 
Malta 0 0 0 0 
Poland n/a n/a n/a n/a 
Portugal 6 n/a n/a n/a 
Slovakia n/a n/a n/a n/a 
Slovenia 0 0 0 0 
Spain n/a n/a n/a n/a 
Sweden n/a n/a n/a n/a 
                                                 
102 These statistics are already included in the reply to question 1.1.1.6. 
 
EN 59   EN UK n/a n/a n/a n/a 
Norway n/a n/a n/a n/a 
5. Cases of trafficking for labour expl oitation investigated or prosecuted 
Country 2001 2003 2005 2006 
Austria n/a n/a 16 9 
Belgium103 n/a n/a n/a 135 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a n/a 
Czech Rep n/a n/a n/a n/a 
Finland 0 0 4 3 
France n/a n/a n/a n/a 
Germany n/a n/a 2 22 
Hungary 0 0 5 5 
Italy104 n/a 60 201 214 
Latvia 0 0 0 1 
Lithuania n/a n/a 0 0 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Malta 0 0 0 0 
Poland 23 11 17 18 
Portugal105 n/a 4 17 11 
Slovakia 4 5 4 8 
Slovenia 0 0 0 2 
Spain106 235 441 681 456 
Sweden n/a n/a 0 11 
                                                 
103 Statistics on prosecution are only available since 2006.  
104 The figures are related to the crime of reduction to slavery, slave trade, and tr afficking in human beings, 
including for the purpose of sexual and labour exploitation (source: National Antimafia Directorate). 
105 Data related to investigations for slavery. 
106 Number of victims. 
 
EN 60   EN UK 0 0 0 0 
Norway n/a n/a 0 1 
6. Cases of trafficking for labou r exploitation investigated or prosecuted, in which the offence 
was committed against a child 
Country 2001 2003 2005 2006 
Austria n/a n/a n/a n/a 
Belgium n/a n/a n/a n/a 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a n/a 
Czech Rep n/a n/a n/a n/a 
Finland n/a n/a 0 0 
France n/a n/a n/a n/a 
Germany n/a n/a n/a n/a 
Hungary 0 0 0 0 
Italy n/a 12 14 32 
Latvia 0 0 0 0 
Lithuania n/a n/a 0 0 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Malta 0 0 0 0 
Poland n/a n/a n/a n/a 
Portugal 0 0 1 0 
Slovakia 4 5 4 8 
Slovenia 0 0 0 0 
Spain107 n/a n/a n/a n/a 
Sweden n/a n/a n/a n/a 
UK 0 0 0 0 
                                                 
107 These numbers are included in the figu res indicated in section 1.1 above.  
 
EN 61   EN Norway n/a n/a 0 0 
7. Cases of trafficking for labour exploitation sentenced 
Country 2001 2003 2005 2006 
Austria n/a n/a 0 0 
Belgium 78 156 88 n/a 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a n/a 
Czech Rep n/a n/a n/a 0 
Finland n/a n/a 0 0 
France 61 61 89 85 
Germany n/a n/a n/a 16108 
Hungary109 n/a n/a n/a n/a 
Italy n/a n/a n/a n/a 
Latvia 0 0 0 0 
Malta 0 0 0 0 
Lithuania n/a n/a 0 0 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Malta 0 0 0 0 
Poland 7 5 9 13 
Portugal n/a n/a n/a n/a 
Slovakia110 n/a n/a n/a n/a 
Slovenia n/a n/a n/a n/a 
Spain111 n/a n/a n/a n/a 
Sweden 0 0 0 0 
UK 0 0 0 0 
                                                 
108 Number of convicted persons. 
109 The figure also includes  cases of forced labour. 
110 Reference is made to the figures  indicated in 1.1.2.7 above.  
111 These numbers are included in the fi gures indicated in section 1.1 above 
 
EN 62   EN Norway n/a n/a 0 0 
 
8. Cases of trafficking for labour exploitation sentenced, in which the offence was committed 
against a child 
Country 2001 2003 2005 2006 
Austria n/a n/a n/a n/a 
Belgium n/a n/a n/a n/a 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a n/a 
Czech Rep n/a n/a n/a n/a 
Finland n/a n/a 0 0 
France  0 0 0 11 
Germany n/a n/a n/a n/a 
Hungary n/a n/a n/a n/a 
Italy n/a n/a n/a n/a 
Latvia 0 0 0 0 
Lithuania n/a n/a 0 0 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Malta 0 0 0 0 
Poland n/a n/a n/a n/a 
Portugal n/a n/a n/a n/a 
Slovakia n/a n/a n/a n/a 
Slovenia n/a n/a n/a n/a 
Spain112 n/a n/a n/a n/a 
Sweden n/a n/a n/a n/a 
UK 0 0 0 0 
Norway n/a n/a 0 0 
                                                 
112 These numbers are included in the fi gures indicated in section 1.1 above 
 
EN 63   EN 9. Number of victims who have been assisted  
Country 2001 2003 2005 2006 
Austria 183 Females 142 Females 151 Females 162 Females 
Belgium113 n/a 114 (2004) 121 n/a 
Bulgaria n/a n/a 41 F- 45 M 81 families and 
persons 
Cyprus n/a n/a 41 persons 86 persons 
Czech Rep n/a 5 persons 17 persons 14 persons 
Finland n/a n/a n/a 9 persons 
France n/a n/a n/a n/a 
Germany n/a n/a n/a n/a 
Hungary n/a n/a n/a n/a 
Italy 1,755 1,797 2,039 2,143 
Lithuania 173 persons 168 persons 105 persons 96 persons 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Poland n/a n/a n/a 10 persons 
Portugal n/a n/a n/a n/a 
Romania n/a n/a 175 (150F+25M) 424 (374F+50M)114 
Slovakia n/a n/a n/a n/a 
Slovenia n/a 26 persons 16 persons 40 persons 
Spain n/a n/a n/a n/a 
Sweden n/a n/a n/a n/a 
UK115 n/a n/a n/a n/a 
Norway  n/a n/a n/a 37 in 2007116 
                                                 
113 Figures only concern sheltered victims during the reflection period.  
114 These figures do not appear in the text because Romania sent the reply to the Questionnaire after the 
deadline. These figures probably also  include victims assisted abroad. 
115 This information is not held centrally. It is esti mated that around 155 victims have benefited from the 
reflection period between March 2003 and December 2006.  
116 Women admitted into the ROSA project and provided with housing. No figures are available for other 
measures). 
 
EN 64   EN 10. Countries in which the appointment of a guardian117 for children who are presumed to 
have been trafficked 
YES:  AT, BG, CY, FI, DE, HU, IT, LT, NL, PL, SK, SI, ES, SE, BE, UK, PT, RO, Norway 
NO: CZ, LX 
11. Countries in which victims are protected from criminal prosecution or sanctions for 
offences they were forced to commit in relation to their situation as victims of trafficking 
YES118: AT, BG, CY, CZ, DE, HU, LT, NL, SI, ES, RO119 
NO:FI, FR, LX, PL, SK, SE, BE120, UK121, PT 
12. Countries in which only child  victims are protected from cr iminal prosecution or sanctions 
for offences they were forced to commit in  relation to their situation as victims of 
trafficking 
YES:  BG, IT, NL, ES, SE 
NO: AT, CY, CZ, FR, HU, LT, LX, PL, SK, SI, BE, UK, RO 
13. Countries in which new legislation concer ning the non punishment of the victim is under 
discussion 
YES:  LX, SK, RO 
NO: CY, CZ, FI, FR, SE, BE 
14. Countries in which legislation pr ovides for compensation to victims 
YES:  AT, BE, BG, CY, CZ, FI, FR, DE, HU, IT, LV, LT,  LX, MT, NL, PL, PT, SK, SI, ES, SE, UK, RO, 
Norway 
NO: AT,  
15. Countries in which legislation establishe s a public fund to compensate victims  
YES:  AT, BE, BG, CZ, FI, FR, HU, LV, LX, MT, NL, PT, SK, SE, UK, RO 
NO: CY, DE, IT, LT122 PL, ES, Norway 
16. Number of victims who received compensation in 2006 
AT: 648 
BE 0 (The relevant law was passed in 2003. A few victim s have applied so far, due to strict grounds) 
BG: 0 (law in force since 1/1/2007) 
CY: n/a CZ: 0 
FI: n/a 
                                                 
117 In the French version the term "guardian" has been translated as "psychologue". Given the different 
meaning of the question, the answer given by FR is not relevant.  
118 The comments made in the replies show that the word "guarantee" has been interpreted in different 
ways by those answering. As an example, Spain has answered this question with YES and Sweden with 
NO, although their laws may be very similar. A detailed analysis may be needed here.  
119 For prostitution and begging. 
120 Not directly. However general clauses apply. In addition the prosecution can terminate the case.  
121 However, guidance have been issued to prosecutors to take into consideration the fact that victims of 
trafficking often find themselves in a position where they are vulnerable to pres sure and coercion from 
their traffickers when deciding whether it is  in the public interest to prosecute.  
122 Only governmental fund 
 
EN 65   EN FR: 5 
DE: around 15.000 in 2006 
HU: n/a IT: n/a 
LV: 0 
LT: information not public LX: 0 
MT: 0 
NL: 18 in 2007 PL: 0 
PT n/a 
SK: n/a SE: n/a 
UK: 4 
RO: n/a
123 
Norway: 2 in 2007 
17. Countries in which legislation provides for protection programmes fo r victims of crime, 
also available to victims of trafficking 
YES: AT, BE, BG, CY, CZ, FI, FR, HU, IT, LV, LT, MT, PL, PT, SK, SE, UK, RO, Norway  
NO: DE, LX, NL, ES, 
18. Number of victims placed in a protection programmes in 2006  
AT: 0 CY: 0 CZ: n/a 
FI: 0 in 2005, 5 in 2006 
HU: n/a IT 2.039 in 2005; 2.143 in 2006
124 
LV: 1 in 2006 
LT: information not public MT: 0 
PL: 6 in 2005 10 in 2006 
SK: classified data SE: n/a 
UK: information not held centrally 
RO: 4 
19. Countries in which a Nationa l Rapporteur or equi valent mechanism has been established 
                                                 
123 A new law providing for compensation was passed in 2007.  
124 Victims admitted yearly into th e social integration programmes receive assistance and also police 
protection.  
 
EN 66   EN YES:  BG, CY, CZ, NL, SE, BE, PT, RO 
NO: AT, FR, DE, HU, LT, LX, PL, SK, SI, ES, UK, Norway 
20. Types of equivalent mechanisms  
FI (planned to be set up in 2008), 
BE: Centre pour l'égalité des chances  et la lutte contre le racisme 
UK: UK Human Trafficking Centre (UKHTC) 
21. Countries in which the National Rapporteur or  equivalent mechanism is an independent 
body  
YES:  CY, FI, NL, SE, BE 
NO: CZ, RO 
22. Amount of public funds spen t for services to victims 
Country 2001 2003 2005 2006 
Austria n/a n/a n/a n/a 
Belgium n/a n/a 635 381 EUR 635 381 EUR125 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a n/a 
Czech Rep n/a UN FUNDS 124 000 EUR 72 000 EUR 
Finland n/a n/a n/a 100 000 EUR 
France  n/a n/a n/a n/a 
Germany126 148 908,64 EUR 159 662 EUR 120 700 EUR 195 825,69 EUR 
Hungary n/a n/a n/a n/a 
Italy 7 500 IT lira 2 480 513 EUR 4 272 000 EUR 4 000 000 EUR127 
Lithuania n/a 80 000 EUR 12 000 EUR 12 000 EUR 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Poland n/a n/a n/a 400 000 PLN 
Portugal128     
Slovakia n/a n/a n/a n/a 
                                                 
125 Amount of the funding for the three centres providing services to victims.  
126 The figures only concern funding at federal level; this funding is complemented by the Länder. 
127 Under Article 18 D.L. 286/98 
128 Between 2004 and 2007 the CAIM Project (from E qual Initiative) spent one million EUR for services 
and other actions against trafficking.  
 
EN 67   EN Slovenia n/a n/a 60 000 EUR 40 740 EUR 
Spain129 n/a n/a 147 991 EUR 1 337 759 EUR 
Sweden n/a n/a n/a n/a 
UK130     
Norway n/a n/a n/a n/a 
23. Amount of public funds spent for ot her actions against trafficking in 
Country 2001 2003 2005 2006 
Austria n/a n/a n/a n/a 
Belgium  n/a n/a n/a n/a 
Bulgaria n/a n/a n/a n/a 
Cyprus n/a n/a n/a 10 000 CYP 
Czech Rep n/a 0 0 30 000 EUR 
Finland n/a n/a n/a n/a 
France n/a n/a n/a n/a 
Germany131 n/a n/a n/a n/a 
Hungary n/a n/a n/a n/a 
Italy 0 0 0 2 500 000 EUR132 
Lithuania n/a 347 000 EUR 20 000 EUR 406 000 EUR 
Luxemburg n/a n/a n/a n/a 
Netherlands n/a n/a n/a n/a 
Poland133 n/a n/a 250 000 PLN 100 000 PLN 
Slovakia n/a n/a n/a n/a 
Slovenia n/a n/a 20 500 EUR 91 195 EUR 
                                                 
129 These numbers are included in the fi gures indicated in section 1.1 above 
130 Around £230 million is spent annually in supporting and compensating victims of crime in the UK. The 
Government has awarded Eaves Housing for Women a grant of £2.4 million over two years to provide 
tailored high-level support for victims of trafficking. We are investing an additional £100k to top-up 
this grant for Pentameter 2. This takes to the total specialist support for victims of trafficking within 
England and Wales to around £4.5 million over the last 5 years.  
131 This is Länder competency . 
132 Under Article 13 Law 228/2003 
133 It is likely that additional funding is provided by other government agencies. 
 
EN 68   EN Spain134 n/a n/a n/a n/a 
Sweden n/a n/a n/a n/a 
UK135     
Norway  n/a n/a n/a n/a 
                                                 
134 These numbers are included in the fi gures indicated in section 1.1 above 
135 Polices forces in the UK receive over £11 billion in  grant annually. Human trafficking is core police 
business and all forces now have the capacity to deal with trafficking problems in their area. In addition 
to this the Home Office provides approximately £400 million to fund the Serious Organised Crime Agency which has organised immigration crime, including human trafficking, as it second highest 
priority. We have also agreed a further 3 year funding allocation for the UKHTC for the period 2008-11 
totalling £4.916 million over the 3 year period. In respect of children local authorities are provided with around £142 million annually to support unaccompanied asylum seeking children, which includes 
trafficked children.. The Department for Children Schools and Families also provided a strategic grant 
of £220,000 to ECPAT UK to develop multi agency training on child trafficking and the Home Office 
has funded the same organisation with £30,000 to develop and deliver an e-learning toolkit for 
professionals and others working with children who may have been trafficked . The Home Office is providing £100,000 per annum for a three year period to match fund a Comic Relief grant for a 
telephone advice line for professionals to help in the identification and appropriate treatment of child 
victims of trafficking.  
 
EN 69   EN 24. Number of victims to be assisted in the short/mid term136 
Country Population Number of 
victims 
assisted number of 
victims 
assisted / 
population 
(100.000 inh) Short-term 
objective: 
number of 
victims 
assisted / 
population  Mid-term 
objective: 
number of 
victims 
assisted / 
population  
        3,595 vict / 
100.000 inh 7,189 vict / 
100.000 inh 
EU 27 497.481.657   17.882 35.764
BE 10.666.866 121 1,134 383 767
BU 7.640.238   275 549
CZ 10.381.130 14 0,135 373 746
DK 5.475.791   197 394
DE 82.221.808   2.955 5.911
EE 1.340.935   48 96
GR 11.214.992   403 806
ES 45.283.259   1.628 3.255
FR 63.753.140   2.292 4.583
IE 4.419.859   159 318
IT 59.618.114 2.143 3,595 2.143 4.286
CY 794.580   29 57
LV 2.270.894   82 163
LT 3.366.357 96 2,852 121 242
LU 483.799   17 35
HU 10.045.000   361 722
MT 410.584   15 30
NL 16.404.282   590 1.179
AT 8.331.930   299 599
PL 38.115.641   1.370 2.740
PT 10.617.575   382 763
RO 21.528.627   774 1.548
SI 2.025.866 40 1,974 73 146
SK 5.400.998   194 388
FI 5.300.484 9 0,170 191 381
SE 9.182.927   330 660
UK 61.185.981   2.199 4.399
                                                 
136 The short-term objectives of victims' assistance ha ve been identified taking into account the Italian 
experience (2,143 victims yearly), which is the best practice in the EU, in relation to the population of 
every EU MS. In the medium term the number of assisted victims should be the double.  
 
EN 70   EN 25. Estimated costs of victims' assistance in the short/mid term137 
Count
ry Cost of 
victim 
assistance Cost per 
assisted 
victim Price 
index  Costs 
weight
ed Average 
cost per 
assisted 
victim Equivalen
t average 
cost per 
assisted 
victim in 
each 
country 
(weighted
) Short term 
objective: 
total cost of 
assistance to 
victims Mid-term 
objective: 
total cost of 
assistance to 
victims 
EU 
27         4.179 €   79.273.184 € 158.546.368 €
BE 635.381 € 5.251 € 100 5.251 € 4.179 € 4.179 € 1.602.348 € 3.204.697 €
BU     69,7   4.179 € 2.913 € 799.944 € 1.599.889 €
CZ 72.000 € 5.143 € 81,2 6.334 € 4.179 € 3.393 € 1.266.254 € 2.532.508 €
DK     139,4   4.179 € 5.826 € 1.146.647 € 2.293.294 €
DE     99,3   4.179 € 4.150 € 12.264.684 € 24.529.369 €
EE     83,6   4.179 € 3.494 € 168.397 € 336.794 €
GR     95,3   4.179 € 3.983 € 1.605.506 € 3.211.012 €
ES     100,4   4.179 € 4.196 € 6.829.541 € 13.659.081 €
FR     117,4   4.179 € 4.906 € 11.243.196 € 22.486.392 €
IE     121,8   4.179 € 5.090 € 808.678 € 1.617.357 €
IT 6.500.000 € 3.033 € 110,6 2.742 € 4.179 € 4.622 € 9.904.977 € 19.809.954 €
CY     89,9   4.179 € 3.757 € 107.304 € 214.609 €
LV     83,6   4.179 € 3.494 € 285.183 € 570.365 €
LT 12.000 € 125 € 77,4 161 € 4.179 € 3.235 € 391.400 € 782.801 €
LU     100   4.179 € 4.179 € 72.675 € 145.350 €
HU     89,8   4.179 € 3.753 € 1.355.022 € 2.710.044 €
MT     84,8   4.179 € 3.544 € 52.302 € 104.604 €
NL     111,5   4.179 € 4.660 € 2.747.592 € 5.495.183 €
AT     107,8   4.179 € 4.505 € 1.349.225 € 2.698.451 €
PL     80,7   4.179 € 3.372 € 4.620.584 € 9.241.168 €
PT     92,2   4.179 € 3.853 € 1.470.538 € 2.941.077 €
RO     78,8   4.179 € 3.293 € 2.548.371 € 5.096.742 €
SI 40.740 € 1.019 € 88,3 1.153 € 4.179 € 3.690 € 268.715 € 537.430 €
SK     81,3   4.179 € 3.398 € 659.606 € 1.319.212 €
FI 100.000 € 11.111 € 117,8 9.432 € 4.179 € 4.923 € 937.953 € 1.875.905 €
SE     117   4.179 € 4.889 € 1.613.939 € 3.227.878 €
UK     143,1   4.179 € 5.980 € 13.152.602 € 26.305.203 €
                                                 
137 On the basis of the objectives identified in the previous table, the estimated costs of victims' assistance 
have been identified taking into account the medium cost of victims'  assistance. This cost has been 
calculated on the basis of the real amount of funds spent by every country yearly, and the real number 
of victims assisted (concerning countries th at were able to give such figures).  
 
EN 71   EN ANNEX II  
REPORT FROM THE COMMISSION TO  THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 
Based on Article 10 of the Council Framewor k Decision of 19 July 2002 on combating 
trafficking in human beings  
SEC(2006)525 
Summary 
On the basis provided by member States, the requirements set out in  the Council Framework 
Decision appear to have been largely met by MS, either a, or through the implementation of s 
a result of pre-existing domestic laws, or through new legislation.  
MS generally dispose of legisl ation criminalise trafficking fo r sexual and labour exploitation. 
Particularly severe penaltie s are provided for, concerni ng aggravating circumstances. 
However, the level of penalties varies c onsiderably, and the Commission may have to 
examine the possibility of further harmonisation.  
Concerning protection to victims,  MS forwarded information indicating that they comply with 
Article 7 regarding the ox officio initiation of the proceedings. However, protection and 
assistance regimes may be subject to further examination as the Commission received limited 
information with respect to specific treatment that should be ensured to children as 
particularly vulnerable victims.  
COMMISSION WORKING DOCUMENT 
Evaluation and monitoring of the implemen tation of the EU Action Plan on best 
practices, standards and procedures for comb ating and preventing trafficking in human 
beings  
COM(2008)657 final 
Summary 
The past years have witnessed a process of ap proximation of legislati on both in the field of 
criminal law and victims' assistance. However,  the figures available indicate a serious gap 
between the legislation in force and actual im plementation of comprehensive anti-trafficking 
policy. Figures concerning criminal proceedings are not high enough. Especially in the field 
of victims' assistance and prot ection, a critical lack of effective implementation must be 
underlined.  
On the other hand, figures show that in count ries where there is a significant number of 
assisted victims, statistics on criminal proceedings are higher. This implies that a human rights centred approach is needed not only to protect victims' right s but also to in the interest 
of justice. The Commission is considering revising the Framework Decision on trafficking, 
also with a view to ensuring more ef fective victims' support mechanisms.  
The trend toward more law enforcement a nd judicial cooperation is positive, although 
substantial improvement is still needed. Weak points still remain victims' police protection, 
compensation, and police risk a ssessment before return.  
Concerning the establishment of national ma chineries, MS now dispose of government 
coordinating mechanisms, while monitoring systems still need to be established or improved.  
Regarding the implementation of the EU Action Plan, all stake holders have taken action and 
achieved some results. However, some measures have not yet been implemented. Moreover, it 
 
EN 72   EN is difficult to assess the real impact of actions that have been implemented on the actual 
development of anti-trafficking policy. Althoug h the Commission and the Council have been 
particularly active in the field of victims' assistance and protec tion, the factual situation shows 
substantial weaknesses.  
The Commission suggests concentrating efforts in 2009 on a few key acti ons, with a view to 
set up a new strategy on the basis of th e results achieved by the end of 2009: