1. Introduction

Trafficking in human beings is a particularly serious crime and grave violation of fundamental rights, prohibited by the Charter of Fundamental Rights of the European Union. The Anti-Trafficking Directive has been the backbone of the EU’s efforts in combatting human trafficking since 2011. In the EU Security Union Strategy the Commission pointed out the high involvement of organised crime in trafficking in human beings and the huge human costs caused by this crime. In the EU Strategy on combatting trafficking in human beings 2021- 2025 adopted on 14 April 2021 the Commission acknowledged that the Directive may no longer be fit for purpose. As a consequence, the Strategy set out as a key action to evaluate the implementation of the Anti-trafficking Directive and, if necessary, based on the outcome of this evaluation, propose revising it.

The evaluation is based on extensive desk research, including the Commission’s two-yearly reports on the progress made in the fight against trafficking in human beings and EU-wide data collections, and extensive stakeholders consultations, notably with the Member States, the EU Agencies and civil society organisations, amongst others. The evaluation covers the period between the date of transposition on 6 April 2013 and the end of the public consultation on 22 March 2022.

2. Evolution of the problem during the evaluation period

The data collected by EUROSTAT shows that 55 314 victims of trafficking in human beings were registered during the reporting period of 2013-2020. However, the actual number of victims of trafficking within the EU is likely much higher, as the data only includes victims identified by registering entities. Sexual exploitation has constantly been the most prevalent purpose of trafficking in human beings across the reporting period, with victims being overwhelmingly women and girls (93%). Labour exploitation increased over the time, and has consistently been the second main form of exploitation, accounting for 20% of all registrations. Child victims also increased and constituted around one fifth (21%) of all registered victims in the EU. Women and girls represented three quarters (75%) of trafficking victims.

Over half (56%) of registered victims were EU citizens and 44% were non-EU citizens. 36% of all registered victims were citizens of the country in which they were registered.

The level of prosecutions and convictions has remained consistently low, especially in comparison with the number of victims, which may contribute to a culture of impunity for traffickers. During the reporting period, the number of recorded suspects for an offence of trafficking in human beings was 40 028, the number of prosecuted individuals was 21 824 and the number of convicted individuals was 11 319.

Trafficking in human beings continues to be a low risk, high profit crime, which generates an estimated amount of EUR 29.4 billion per year. The annual revenues produced for trafficking for sexual exploitation are estimated at around EUR 14 billion .

Since the adoption of the Directive, several major developments have affected the socio-economic situation, with significant implications on the trafficking in human beings landscape.

Technological developments and the expansion of social media created new opportunities for traffickers, allowing them to recruit victims online and to reach a much broader audience via online streaming and widespread sharing of exploitative materials. Trafficking in human beings, particularly for the purpose of labour and sexual exploitation, is likely to increase, as the economic downturn in the wake of the COVID-19 pandemic could increase demand for cheap labour and sexual services . The war in Ukraine further increased opportunities for traffickers to exploit the vulnerable situation of people, especially women and children, fleeing the military aggression .

According to Europol, trafficking in human beings is a central activity for organised crime groups operating in the EU and the demand for sexual and labour exploitation will continue to persist .

3. Key findings of the evaluation

3.1. Effectiveness

The Directive has been overall effective in contributing to the fight against trafficking in human beings. It created a common ground at the EU level to address the crime and contributed to a higher harmonisation of national criminal laws. However, there are still challenges in the interpretation of trafficking in human beings offences across the Member States, which affects the effectiveness of the Directive, including in the cross-border context, and in relation to some forms of exploitation, which are not included in the definition of trafficking.

A number of shortcomings were identified with respect to investigations and prosecutions for trafficking offences, notably when it comes to strengthening the capacity of law enforcement and judicial authorities to carry out financial investigations; to address the challenges posed by the increasing digitalisation of trafficking; to seize and confiscate instrumentalities and proceeds from trafficking. More dissuasive actions against legal persons to prevent, detect and combat trafficking was also identified as a key area for improvement.

The evaluation found that issues related to assistance, support and protection of victims mainly stem from gaps in the implementation of the Directive in the Member States, in particular regarding:

-the application of the principles of non-prosecution and non-punishment of victims;

-the protection of victims in criminal proceedings;

-the provision of assistance and support services targeted to the specific needs of particularly vulnerable victims, including children and vulnerable groups;