Proposal for a Council Framework Decision on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA - Impact assessment {COM(2009) 136 final} {SEC(2009) 359}
Date: 2009-03-25
Institutions: European Commission
Subjects: civil defence, help for victims, human rights, trafficking in human beings

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COMMISSION OF THE EUROPEAN 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 protecting victims, 
repealing Framework Decision 2002/629/JHA 

IMPACT ASSESSMENT 

{COM(2009) 136 final} 
{SEC(2009) 359}

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EXECUTIVE SUMMARY 

Trafficking  is  considered  one  of  the  most  serious  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 servitude or other forms of exploitation.  

Although trafficking in the EU is often linked with illegal immigration and smuggling, there 
is a clear difference. Trafficking is a crime which infringes fundamental rights of the persons, 
while smuggling is a violation against legislation 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 ends when the person enters the territory of 
the receiving State. In a case of trafficking illicit means such as coercion, 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 further exploitation, which normally 
starts in the country of destination.  

Social  vulnerability  is  arguably  the  principal  root  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  fact  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 destination 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  still  the  majority  of 
trafficked  persons.  Indeed,  the  root  causes  of  trafficking  include  also  gender  discrimination 
and  domestic  violence  and  therefore  trafficking  is  considered  a  form  of  gender-based 
violence. Children are trafficked to be exploited in activities associated with begging or illicit 
activities. Both girls and boys are trafficked for the purpose of sexual exploitation. Trafficking 
can  also  be  carried  out  for  the  purpose  of  the  removal  of  organs.  Although  trafficking  is 
mostly  a  criminal  phenomenon  coming  from  third  countries,  especially  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  Council  of  Europe  Convention  on  Action  against 
Trafficking in Human Beings4 is regarded as constituting the highest international standard to 

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4 

Georgina Vaz Cabral, La traite des êtres humains. Réalités de l'esclavage contemporain, Paris, 2006. 
For example, cases of internal trafficking have been reported by the Sixth Report of the Dutch National 
Rapporteur, 2008. 
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. 
Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197). 

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date.  At  the  EU  level,  the  Framework  Decision  on  combating  trafficking  in  human  beings 
2002/629/JHA5  especially  addressed  the  need  for  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  the  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 trafficking, while Member States may continue the 
process  of  signature  and  ratification  of  Council  of  Europe  Convention  on  action  against 
trafficking in human beings.  

•  Policy Option (2): Non legislative measures 

FD 2004/629/JHA would not be amended. Non legislative measures could be put in place in 
the  areas  of  victim  support  schemes,  monitoring,  prevention  measures  in  countries  of 
destination,  prevention  measures 
law  enforcement 
cooperation.  

in  countries  of  origin, 

training, 

•  Policy  option  (3):  New  legislation  on  prosecution,  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  elements.  In  particular,  the  new  FD  would 
contain  provisions  in  the  areas  of  substantive  criminal  law,  jurisdiction  and  prosecution, 
victims'  right  in  criminal  proceedings,  victim  assistance,  special  protective  measures  for 
children, prevention, and monitoring.  

•  Policy option (4): New legislation (as in option 3) + non legislative measures (as in option 

2)  

–  A new FD would be adopted, incorporating the existing FD and including new provisions. 
The new FD would be supplemented by non legislative measures, and in particular those 
identified in option 2. 

–  Analysis of impacts:  

Option 1 (status quo) may provide significant improvement if Member States sign, ratify and 
implement  CoE  Convention  CETS  No.  197.  However,  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  the  implementation  of  the  existing  legal 
framework, but it would be insufficient to improve prosecution in a number of areas where a 
specific  legal  basis  is  required.  In  addition,  the  low  level  of  implementation  of  non  binding 
documents  adopted  in  the  past  does  not  allow  positive  expectation  concerning  the 
effectiveness of Option 2. 

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2002/629/JHA, cit.  
Report  based  on  Article  10  of  the  Council  Framework  Decision  of  19  July  2002  on  combating 
trafficking in human beings, COM (2006) 287 final. 

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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 and 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 cooperate on setting up tools and acting to improve 
the implementation of the more comprehensive legal framework that will be put in place. 

Following  the  analysis  of  economic  impact,  social  impacts,  and  impacts  on  fundamental 
rights,  Option  3  and  4  present  the  best  approach  to  the  problems  and  achieve  the  identified 
objectives. The preferred option would be option 4.  

1. 

1.1 

PROCEDURAL ISSUES AND CONSULTATION OF INTERESTED PARTIES 

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  combating  trafficking  in  human  beings8  (hereafter: 
"FD  on  trafficking").  Together  with  the  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  sexual  abuse.  This  obligation  comprises  sexual 
exploitation and abuse perpetrated in the context of trafficking in human beings.  

In 2000, the UN adopted a Protocol to Prevent, Suppress and Punish Trafficking in Persons, 
especially  Women  and  Children,  supplementing  the  UN  Convention  against  Transnational 
Organized Crime.10 The Protocol was the first comprehensive 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  Member  States  have  signed  the  Protocol,  out  of 
which  23  have  ratified  it.  The  European  Community  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 beings11 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,  especially  concerning  the 
approximation  of  penalties.  A  report  on  the  implementation  of  the  FD  was  adopted  by  the 

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COM(2008) 712. 
Council  Framework  Decision  of  19  July  2002  on  combating  trafficking  in  human  beings 
(2002/629/JHA), OJ L 203, 1.8.2002. 
Council  Framework Decision  of 22 December 2003  on  combating  the  sexual  exploitation of  children 
and child pornography, OJ L 13, 20.1.2004. 
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. 
2002/629/JHA, cit.  

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Commission  in  May  2006.12  The  Directive  2004/81/EC  on  residence  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  strengthen  the  fight  against  trafficking  in  human 
beings  was  underlined  in  the  Hague  Programme  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  trafficking  in  human  beings,  focusing  on  both  regulatory 
and non-regulatory actions, was adopted.15  
The Council of Europe Convention on Action against Trafficking in Human Beings16 entered 
into force on 1 February 2008. is regarded by experts as constituting the highest international 
standard  to  date,  since  it  provides  a  comprehensive  and  coherent  framework  covering 
prevention,  cooperation  between  different  actors,  protection  and  assistance  to  victims, 
obligation  to  criminalise  trafficking,  rules  and  instruments  to  facilitate  investigation  and 
prosecution, including procedural law. Implementing such measures would lead to significant 
improvements.  As  of  January  2009,  the  Convention  has  been  ratified  by  11  EU  Member 
States. Another 14 have signed and are in the ratification process.  

A  Commission  Working  Document  in  October  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 combating 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  steering  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 the Commission in December 2007 among Member 
States  (MS).  23  MS,  plus  Norway,  replied.  The  results  fed  into  the  above  mentioned 
Commission  Working  Document  adopted  on  17  October  2008,  the  second  EU  Anti-
Trafficking Day.18  

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Report  based  on  Article  10  of  the  Council  Framework  Decision  of  19  July  2002  on  combating 
trafficking in human beings, COM (2006) 287 final. 
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.  
OJ, 12.8.2005 (2005/C 198/01). 
OJ, C 311, 9.12.2005. 
Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197). 
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 transmitted by various bodies such as 
Europol and Eurojust. 
See previous footnote.  

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Three consultative meetings were carried out. The Group of Experts 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  different  background  including  governments,  law 
enforcement, NGOs, international organisations and Universities was held on 7 October 2008. 
Following  the  meeting,  all  experts  were  invited  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  Commission  have  been  broadly 
respected.  A  wide  range  of  stakeholders,  including  governments,  NGOs  and  independent 
experts took part in detailed discussions on the legislative plans well before these plans were 
finalized. A summary of the views of stakeholders is at paragraph 2.9 below. 

2. 

2.1 

PROBLEM DEFINITION 

What is the problem? 

Trafficking  is  considered  one  of  the  most  serious  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  internationally  agreed  legal  definition  contained  in 
the  UN  Protocol  and  the  Council  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 linked with illegal immigration and smuggling, there 
is a clear difference. Trafficking is a crime which infringes fundamental rights of the persons, 
while smuggling is a violation against legislation 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 ends when the person enters the territory of 
the receiving State. In a case of trafficking illicit means such as coercion, 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 further exploitation, which normally 
starts  in  the  country  of  destination.  A  person  can  be  trafficked  for  the  purpose  of  sexual 
exploitation  or  for  other  illicit  purposes  such  as  labour  exploitation  or  domestic  servitude. 
Although young men are trafficked mostly for the purpose of labour exploitation, women and 
girls  are  still  the  majority  of  trafficked  persons.  In  fact  gender  discrimination  and  domestic 
violence  are  major  root  causes  of  trafficking..  Therefore  trafficking  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 Protocol 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 Europe still remains a criminal phenomenon coming 

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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.  
Georgina Vaz Cabral, La traite des êtres humains. Réalités de l'esclavage contemporain, cit. 
See footnote 3. 
See footnote 4.  

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from  third  countries.  However,  especially  after  the  last  enlargement,  anti-trafficking 
legislation and policy has to deal with trafficking within the EU area.23 

There is strong evidence that victims of trafficking suffer specific 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 psychological 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 protection 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 investigation and prosecution.  

Trafficking  is  a  very  lucrative  activity  for  criminals.  The  International  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 billion US dollars per year from 
trafficked  victims.  Concerning  economic 
forced  commercial  sexual  exploitation  of 
exploitation,  the  estimated  annual  profits  from  trafficked  people  in  forced  economic 
exploitation are estimated at 3.8 billion US dollars. In total, 31.6 billion US dollars are made 
yearly  by  exploiting  trafficked  victims.  These  profits  fund  the  expansion  of  international 
criminal groups, contribute to corruption, 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, but also cases of young 
men trafficked for the purpose of labour exploitation are increasingly reported by NGOs and 
law enforcement.  

It is not easy to estimate the extent of this crime, 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 Organisation for Migration (IOM) database.26 These two sets of 
estimates are not necessarily comparable, since IOM figures only concern identified victims 

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26 

Cases  of  internal  trafficking  have  also  been  reported  by  national  monitoring  mechanisms.  See  for 
example the Sixth Report of the Dutch National Rapporteur, 2008. 
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 women 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, 
implies  violence  and 
UNICEF/UNOHCHR/OSCE-ODIHR,  Belgrade,  2005.  Often 
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.  
Patrick Belser, Forced Labour and Human Trafficking: Estimating the Profits, ILO, 2005. 
IOM Counter Trafficking Database, 2008 

trafficking 

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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  trafficking  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 estimates include both transnational trafficking 
and trafficking within countries. Most people are trafficked into forced labour for commercial 
sexual exploitation (43%) or mixed reasons (25%). The reminder (32%) concerns trafficking 
for  economic  exploitation.  Women  and  girls  represent  56%  of  victims  of  forced  economic 
exploitation,  and  men  and  boys  represent  44%.  Regarding  forced  commercial  sexual 
exploitation,  an  overwhelming  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  from  12,627  victims  who  have  been  assisted  by 
IOM worldwide from November 1999 to December 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 trafficked there are several EU countries: Italy (500 
victims), Greece (105), Germany (136), Czech Republic (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 activities 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  underestimated  because  children  are  often  assisted 
thorough different channels.  

Further information has been collected at national 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.  Out  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 Bulgaria (190). In 2006-2007 859 cases of trafficking 
for sexual exploitation, 76 for labour exploitation, and 2 for begging were reported by victims 
assisted through the programmes.30  

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29 

30 

Patrick Belser, Michaelle De Cock, Fahrad Mehran, ILO Minimum Estimate of Forced Labour in the 
World, ILO, Geneva, April 2005. 
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. 
US Department of State, Trafficking in Persons Report, which is published every year. The most recent 
was published in 2008.  
Source: Presidenza del Consiglio dei Ministri, Dipartimento per i diritti e le pari opportunita', 2007. The 
data  are  not  comparable  with  those  given  by  IOM  because  the  latter  source  only  includes  victims 

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The  figures  taken  from  IOM  database,  although  only  relating  to  assisted  victims,  show  that 
several  EU  countries  are  major  countries  of  destination  for  trafficking  flows  coming  from 
third countries. In addition, there is evidence of flows of trafficking 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  estimate  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  root  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  fact  the  high  level  of 
profits deriving from the crime is a major underlying driver.  

The demand for sexual services and cheap labour is a concurrent driver. Although the demand 
itself is affected by the scale of supply, stakeholders 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 both in the field of trafficking for sexual and 
for labour exploitation.32 

The  institutional  response  is  weak,  first  of  all  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  inadequate  anti-trafficking  policies  in  transit  and 
destination  countries,  which 
trafficked  persons,  miss 
opportunities  for  identification  and  support  to  victims,  and  discourage  their  participation  in 
criminal  proceedings.  As  a  consequence,  due  to  the  lack  of  an  accurate  source  of  evidence 
which could foster further investigation, the number of criminal proceedings and convictions 
remain very low (see below, paragraph 2.5).  

the  vulnerability  of 

increase 

Generally speaking, victims' support schemes are insufficient, as the above mentioned figures 
on  assisted  victims  show.  Often  such  schemes  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 

31 

32 

33 

34 

assisted  by  IOM,  while  National  data  also  comprise  victims  assisted  by  other  NGOs  or  international 
organisations.  
The  press  often  report  the  estimate  of  500.000  people  trafficked  yearly  to  Europe.  However,  such  an 
estimate is not confirmed by any official source. 
Regarding trafficking for sexual exploitation, it is to be mentioned the study "How Much? A pilot study 
on  four  key  EU  member  and  candidate  countries  on  the  demand  for  trafficked  prostitution"  project 
funded  under  AGIS  2005.  Concerning  trafficking  for  labour  exploitation,  see  the  recent  ILO 
"Combating  trafficking  in  children  for  labour  exploitation.  A  resource  kit  for  policy-makers  and 
practitioners", ILO, Geneva, 2008.  
Although  good  practices  are  in  place  in  some  Member  States,  stakeholders  agree  that  the  response  is 
weak concerning prevention. 
Various studies show that in some cases victims escape from "closed" shelters, where their freedom of 
movement  is  severely  restricted.  In  other  cases  the  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, European Social Fund. See also  

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do  not  report  or  act  as  witnesses  because  they  fear  denunciation  to  immigration  authorities 
and  immediate  deportation,  being  in  most  cases  illegal  migrants,  and  often  have  been  even 
deprived of their documents by traffickers. Moreover, they fear detention and prosecution for 
offences  they  have  been  involved  as  a  consequence  of  trafficking  such  as  violation  of 
immigration laws and use of false documents. 

Another factor which has a strong impact on the weakness of investigation and prosecution is 
insufficient international cooperation. The above mentioned Commission Working Document 
shows  that  many  countries  have  bilateral  agreements  for  the  exchange  of  investigative 
information  and  police  cooperation  in  general;  some  forms  of  police  cooperation  have 
recently been put in place in a number of countries (CY, HU, IT, LV, LT, NL, SI, SE, UK), 
including  through  Europol  and  Interpol.  However,  the  most  effective  tools  such  as  joint 
investigation  teams  are  still  a  rarity.  Trafficking  in  most  countries  is  still  not  dealt  with  by 
means  of  investigative  tools  that  are  typically  used  for  organised  crime  cases.35  Secondary 
victimisation, that is to say further harm deriving from the way the procedure is carried out, 
also  plays  a  major  role  in  the  failure  of  a  number  of  proceedings.  In  fact  the  victim  can  be 
induced to go back to the source country and de facto stop her/his cooperation 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  international  legal  framework  for  tackling  human 
trafficking already exists. This current framework, however, is considered by stakeholders to 
suffer from insufficient or erratic implementation in Member States 

The  Commission's  2006  report  on  the  implementation  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  essential  requirements  of  the  current  FD,  as  a 
consequence of pre-existing legislation, or new legislation transposing FD. However, since a 
number of provisions in FD allow for exceptions or reservations, and since FD only contains 
criminal  law  provisions,  implementation  of  comprehensive  anti-trafficking  policy  in  MS  is 
still  unsatisfactory.  The  above  mentioned  Commission  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 aimed at detecting and prosecuting trafficking; 

–  victims protection and assistance; 

–  monitoring of trafficking trends and anti-trafficking policy.  

Furthermore, the effects of the possible ratification of the 2005 Council of Europe Convention 
on  Action  against  Trafficking  in  Human  Beings  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 

36 
37 

38 

For  example,  appropriate  tools  to  be  used  in  organised  crime  cases  are  financial  investigation,  phone 
tapping, electronic surveillance.  
Life stories, cit. 
Report  based  on  Article  10  of  the  Council  Framework  Decision  of  19  July  2002  on  combating 
trafficking in human beings, COM (2006) 287 final. 
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.  

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notice  that  the  CoE  Convention  establishes  a  higher  international  standard  and  it  is  an 
important  step  towards  harmonisation  of  legislation,  including  criminal  law,  victim  support, 
prevention,  and  monitoring.  However,  the  Convention  contains  binding  and  non  binding 
provisions,  and  allows  for  reservations  in  crucial  areas  such  as  extraterritorial  jurisdiction. 
Therefore the Convention itself shows a number of weak points.  

Taking  into  account  the  current  legal  framework,  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 investigated 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 weakness concerns the protection 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 exploitation, 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-risk  crime  concerning 
both trafficking for sexual and labour exploitation, and particularly regarding children. 

–  Victims not receiving adequate assistance, protection or compensation 

•  Concerning the numbers of victims who have received 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 taken 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  countries  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, further regulation might be necessary in order to ensure more 
effective victim support mechanisms. 

•  The  number  of  victims  who  received  police  protection  is  very  low  (FI  5,  LV  1,  PL  11). 
One particular, and positive, case 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 
40 

41 

42 

43 

44 

See paragraphs 4.3 and 5.1. 
Commission  Working  Document  COM(2008)657,  cit.  is  the  source  of  all  the  figures  this  paragraph 
refers to.  
In  some  countries  figures  include  trafficking  for  labour  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.  
The number of sentenced cases is much lower. The total amount in 2006 was 284 sentenced cases of 
trafficking for sexual exploitation. 
These figures are certainly underestimated as many countries do not dispose of disaggregated data for 
children. 
These figures are not comparable with those included in the IOM database, for the reasons highlighted 
above.  

EN 

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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'  support,  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 appointment of comparable mechanisms (BE, 
BG,  CY,  CZ,  DK,  FI,  PT,  RO,  UK).  This  situation  might  have  a  negative  impact  on  the 
quality of the data collected. 

Stakeholders have identified the following weaknesses in the legal framework, including the 
current Framework Decision and the CoE Convention: 

Type of provision 

FD 

Definition of trafficking 

trafficking  for 

the 
Excludes 
purpose  of 
the  removal  of 
organs  and  other  forms  of 
exploitation.45  

CoE 

Satisfactory 

Penalties  to  be  imposed 
on offenders 

A  maximum  penalty  is  only 
envisaged 
aggravating 
for 
circumstances 

No provision  

Clause 
punishment for victims 

of 

non 

Extraterritorial 
jurisdiction rule 

Vulnerable victims 

None 

Non-punishment  clause  is  not 
binding  and  does  not  cover 
victims  who,  although  not 
subjected 
to  violence,  have 
been deceived or abused.  

Allows for reservations 

Allows reservations 

No  provisions  for  particularly 
vulnerable  victims,  other  than 
only children 

No  grounds  for  adults  to  be 
considered  vulnerable  victims 
are envisaged 

treatments 

Specific 
for 
particularly  vulnerable  victims 
are not specified 

are 
treatments 

Protection of private life of the 
victim,  and  where  appropriate, 
identity,  and  protection  form 
ensured. 
intimidation 
Specific 
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 

12 

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Type of provision 

FD 

CoE 

Assistance to victims 

None.  The  only  measures  on 
victim  assistance  in  EU  acquis 
the 
are  provided 
Directive 
on 
residence  permits,  which  only 
applies 
country 
nationals.  

for  by 
2004/81/CE 

third 

to 

Use 
of 
investigative tools 

appropriate 

None 

Training 

None 

None 

Training  for  persons  in  charge 
of  preventing  and  combating 
competent 
in 
trafficking 
authorities 
for. 
provided 
However,  specific  skills  and 
curricula  should  be 
further 
identified.  

Monitoring 

No  specific  mechanism  other 
than  the  implementation  report 
on 
implementation  of 
Framework Decisions.  

the 

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 led to a number of very practical problems 
which can be summarised as follows: 

1. 

a. 

Failure to convict criminals  

insufficient approximation of relevant criminal law provisions in MS;  

victims  do  not  report  crimes  for  fear  of  denunciation  to  immigration  authorities  and 

b. 
immediate deportation; 

c. 

2. 

insufficient international cooperation and poor use of effective investigation tools. 

Insufficient protection and assistance to victims 

assistance  measures  are  not  in  place  or  are  insufficient  in  many  MS;  the  number  of 

a. 
assisted victims is very low; 

victims  may  face  sanctions  for  violations  due  to  their  exploitative  situation  such  as 

b. 
violations of immigration laws; 

secondary victimisation affect vulnerable victims including children and persons with 

c. 
special needs, as a consequence of inadequate law enforcement and judicial practice; 

d. 

victims do not receive effective protection and compensation. 

EN 

13 

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3. 

Insufficient measures to prevent trafficking  

lack of resources and expertise in law enforcement agencies and social authorities in 

a 
countries of origin and destination; 

not  enough  action  to  identify  vulnerable  groups,  potential  and  presumed  victims  of 

b. 
trafficking in countries of origin and destination; 

no  sanctions  against  employers  who  knowingly  employ  trafficked  persons,  and  for 

c. 
clients who knowingly buy sexual services form a trafficked person are envisaged.46 

4. 

Insufficient knowledge 

insufficient data concerning the magnitude of the crime and the effectiveness of anti-

a. 
trafficking policy in MS; 

lack of comparable data at the EU level, due to lack of coordination between existing 

b. 
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 

14 

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Poverty 

Armed 
conflicts 

Gender 
inequality 

Domestic 
violence 

Personal 
conditions 
such as age or 
disability 

Organised 
crime 

of 

Demand 
sexual 
services  and 
cheap labour 

Social vulnerability 

Dysfunctional 
families 

Victimisation/Trafficking  

Low number of victims 
who report the crime 

Traffickers' 
threats 

Insufficient  skill  of 
officials 
to 
come in contact with 
presumed victims 

likely 

Low number of 
investigations and 
prosecutions

Insufficient 
assistance 
measures 

Poor  human 
rights 
background 

Insufficient 
international 
cooperation 

Inappropriate 
investigation 
tools 

Low number of 
convictions 

Fear 
prosecution 

of 

Fear 
deportation 

of 

Secondary 
victimisation, 
deriving  from 
the 
proceedings 

Insufficient 
consideration 
given  to  age, 
gender, 
trauma 

EN 

15 

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2.6  How would the problem evolve, all things being equal?  

Apart  form  the  Framework  Decision  on  trafficking,  a  number  of  legislative  and  non 
legislative instruments have been adopted in this field, including the 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 possible to estimate precisely how this problem would 
evolve in the absence of EU action. However, taking 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  the  above  mentioned  ILO 
estimates,  US$  31.6  are  made  yearly  by  exploiting  trafficking.  Taking  into  account  the 
recurrent dynamics of criminal markets, any lucrative activity attracts new criminal business; 
in  addition,  profits  coming  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 expanded their networks after 1998-99 and started 
to  traffic  not  only  Albanian  girls,  but  also  girls  from  Central  and  Eastern  Europe.  Criminal 
groups used money earned from sexual exploitation 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 Albanian-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 implementation of the CoE Convention on action against 
trafficking will be developed 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  European  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 combating trafficking in persons. 

Action of the Union in this field should be taken only if and in so far as this objective cannot 
be sufficiently achieved by the Member States and can be better 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  proportion  of  it  involves  trafficking  from  one 
Member  State  to  another.  The  consensus  among  experts  is  therefore  that  this  requires  EU 

47 
48 

49 

50 

51 

See footnote 13. 
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. 
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. 
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-Trafficking  Day,  18  October  2007: 
www.ec.europa.eu/justice_home/news/information_dossiers/anti_trafficking_day_07/documents_en.ht
m 
J.Arsovska, Decline, Change or Denial: Human Trafficking and EU Response in the Balkan Triangle, 
in Policing Advance Access, April 2008 

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action,  and  that  the  objective  of  effectively  preventing  and  combating  such  crime,  and 
protecting victims, cannot be sufficiently 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  Charter  of  Fundamental  Rights  of  the  European 
Union (EU Charter) and the Convention for the Protection of Human Rights and Fundamental 
Freedoms (ECHR), notably human dignity, the rights of the child, prohibition of torture and 
inhuman  or  degrading  treatment  or  punishment,  prohibition  of  slavery  and  forced  labour, 
prohibition of trafficking in human beings, right to fair and just working conditions, right to 
liberty  and  security,  respect  for  private  and  family  life,  protection  of  personal  data,  non-
discrimination,  as  well  as  the  special  procedural  rights  contained  in  Article  47  to  50  EU 
Charter (Articles 6, 7 and 13 ECHR). Member States, when implementing 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  slavery  and  forced  labour  (Article  4  ECHR). 
Furthermore, as many of the victims of trafficking 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  well-being.  In  addition,  it  requires  that  in  all 
actions  relating  to  children,  whether  taken  by  public  authorities  or  private  institutions,  the 
child's best interest must be a primary consideration. Finally, as regards Articles 1 and 3 of the 
ECHR, the European Court of Human Rights has held that Contracting States are required to 
take  measures  to  ensure  that  individuals  within  their  jurisdiction  are  not  subjected  to  ill-
treatment, including ill-treatment administered by private individuals.52 

Views of stakeholders and Member States consulted 

2.8 
–  The Group of Experts of the European Commission on Trafficking in Human Beings53 in 
its  written  opinion  underlined,  as  guiding  principles,  the  need  for  an  adequate  legal 
framework  in  each  country,  the  need  to  make  human  rights  a  paramount  issue,  to  take  a 
holistic, coordinated and integrated approach; to link government policies on trafficking to 
migration policies, to respect children's rights, to promote research 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.  Lack  of  effective  provisions  in  the  current  legislation  was 
particularly  underlined  by  Europol's  experts.  The  most  effective  investigative  tools 
especially  designed  to  deal  with  organised  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 protected 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 provision obliging Member States to 
make  such  schemes  available.  Experts  from  NGOs  dealing  with  children's  rights  and 
especially UNICEF called for a specific provision concerning identification, assistance and 
protection for children.  

52 
53 

ECHR, M.C. v. Bulgaria, par. 149. 
See footnote *. 

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–  The  issue  of  introducing  a  specific  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, and 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, protection of victims, coordination of actions at 
national and EU level.54 

–  While  acknowledging  its  weaknesses,  stakeholders  praised  the  Council  of  Europe 
Convention on trafficking for its comprehensive, human rights centred approach, and for 
the provisions concerning victims' identification, protection and assistance.  

–  Stakeholders  and  MS  tend  to  echo  the  remarks  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. 

3.1 

OBJECTIVES 

General, specific and operational objectives 

The  overall  goal  of  the  exercise  is  to  combat  crime,  organised  or  otherwise,  in  particular 
trafficking in persons and offences against children, in conformity with Article 29 of the EU 
Treaty,  by  building  a  more  coherent  framework  for  the  fight  against  trafficking  within  the 
third pillar and to increase its effectiveness.  

A 

Specific objective: To prosecute the crime 

–  Operational objectives: 

–  A1 

–  A2 

To impose effective, proportionate and dissuasive penalties; 

To facilitate victims' cooperation with judicial authorities; 

–  A3 

To remove obstacles to international cooperation and generalise the use 
of  investigative  tools  which  are  effective  in  organised  crime  and  transnational 
cases; 

–  A4 

To  facilitate  prosecution  of  traffickers  when  the  offence  has  been 

committed out of the territory of the State. 

Specific objective: To protect victims' rights 

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 Ivanovna 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.  
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.  

B 

54 

55 

EN 

18 

   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 violation of immigration laws; 

–  B3 To  increase  the  protection  of  victims  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 factors in countries of origin;  

–  C2 To improve skills of public officials likely to come into contact with potential 

victims; 

–  C3 To discourage the demand of sexual services and cheap labour. 

–  D  Specific objective: To establish effective monitoring systems  

–  Operational objectives: 

–  D1 

To set up consistent national mechanisms such as National Rapporteurs 

or equivalent mechanisms;  

–  D2 

To  establish  close  cooperation  between  National  Rapporteurs  or 

equivalent mechanisms. 

3.2 

Consistency of the objectives with other 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  Directive  2004/86/EC  on  residence  permit,58  which  deals  with 
immigration  issues  and  only  applies  to  third  country  nationals.  It  is  also  consistent  with 
Council Directive relating to compensation for crime 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 

57 

58 
59 

60 

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.  
Communication  form  the  Commission  Towards  an  EU  Strategy  on  the  Rights  of  the  Child 
{SEC(2006)888}, {SEC(2006) 889}, Brussels, 4.7.2006, COM(2006) 367 final. 
See footnote 35. 
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 
6.8.2004. 
Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, 
OJ L 300/42, 11.11.2008. 

EN 

19 

   EN 

 
                                                 
Council Framework Decision 2002/584/JHA on the European arrest warrant.61 The objectives 
stated above are fully consistent with these instruments, as well as with the Council of Europe 
Convention on action against Trafficking in Human beings and with the mandates of Europol 
and Eurojust.  

4. 

4.1 

POLICY OPTIONS 

Policy option (1)  Status quo 

This  option  implies  that  EU  does  not  take  any  further  major  and  independent  action  in  the 
field  of  the  fight  against  trafficking  in  human  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. Where provisions are non-binding or 
permit  reservations,  such  as  the  establishment  of  extraterritorial  jurisdiction,  MS  may  not 
implement them.63 

A simplification initiative was also considered, but has been excluded because the situation is 
such that the minimal and in principle very clear existing legislation needs to be strengthened, 
not reduced.  

4.2 

Policy option (2)  Non legislative measures  

Non  legislative  measures  would  focus  on  victim  identification  and  support,  prevention  and 
monitoring,  and  should  aim  at  favouring  further  coordinated  action  at  the  national  level.  A 
non  legislative  package  would  include  the  following  actions,  which  are  presented  below 
starting with the most important:  

Measure 

Description 

Justification 

Victims' 
support 
schemes 

of 
support 
for 

Establishment 
victims' 
schemes 
unconditional 
assistance, 
indication 
of  quality  standards, 
and  model  cooperation 
between 
agreements 
public  institutions  and 
society 
civil 
which 
organisations 
to 
provide 
victims. 

services 

This  measure  is  absolutely  crucial  to  enhance  a 
human  rights  centred  approach  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  protected,  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 
institutions  and  civil  society 
between  public 
organisations  such  as  NGOs  service  providers 
should be established at EU level.  

61 

62 

63 

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. 
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.  
Further  considerations  on  the  implementation  of  the  CoE  Convention  will  be  developed  in  paragraph 
5.1. 

EN 

20 

   EN 

 
 
                                                 
Measure 

Description 

Justification 

Monitoring  Establishment 

of 
National  Rapporteurs 
equivalent 
or 
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  issued  at  EU  level,  to 
ensure  that  figures  and  estimates  produced  at 
national level are comparable, and lead to European 
reliable assessments. 

of 

a 
such 

Establishment 
of 
network 
monitoring 
mechanisms,  with  a 
view  to  set  up  agreed 
methodology  for  data 
and 
collection 
assessment, 
and 
information 
exchange 
and best practices. 

In  order  to  ensure  exchange  of  information,  best 
practice  and  data  between  National  Rapporteurs  or 
equivalent  mechanisms,  and  harmonisation  of 
methodology 
institutions 
responsible for monitoring mechanisms should meet 
on  a  regular  basis.  For  this  purpose,  a  network 
should  be  established.  This  goal  would  require  an 
agreement among MS concerned.  

and  practice, 

such 

Prevention 
measures  in 
countries  of 
destination 

aimed 

Adoption of preventive 
at 
measures 
the 
discouraging 
sexual 
for 
demand 
cheap 
services 
and 
including 
labour 
targeted 
through 
and 
information 
raising 
awareness 
campaigns, 
and 
sensitisation  to  gender 
equality. 

in  order 

Preventive  measures  dealing  with  the  demand  in 
destination  countries  are  needed 
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 there is no clear evidence 
such  as 
specific  prostitution  policy 
that  a 
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  and  respectful  relationship 
between  the  sexes,  and  should  be  implemented  by 
MS.  EU  funding  should  contribute  to  these  actions. 
Measures  aimed  at  discouraging  the  demand  of 
cheap  labour  should  involve  trade  unions  and 
employers’  associations,  with  a  view  to  sensitising 
major  stakeholders  and  promote  workers’  rights. 

EN 

21 

   EN 

 
 
 
 
Measure 

Description 

Justification 

Prevention 
measures  in 
countries  of 
origin 

aimed 

Adoption of preventive 
at 
measures 
gender 
promoting 
reducing 
equality, 
poverty 
targeted 
in 
areas  of  countries  of 
promoting 
origin, 
and 
information 
awareness, 
and 
developing research. 

Training 

training 

of 
Establishment 
regular 
for 
public  officials  likely 
to  come  into  contact 
with  potential  and/or 
victims 
presumable 
such 
law 
as 
enforcement,  consular 
officials, 
healthcare 
labour 
professionals, 
inspectors,  aimed  at 
improving  their  skills 
the 
concerning 
identification  of  a  case 
of  trafficking  and  the 
approach 
a 
vulnerable victim.  

to 

These  measures  should  be  implemented  by  civil 
society  organisations  at  national  and  international 
level, with the contribution of EU funding. 

Preventive measures in countries of origin should be 
developed especially in the 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  particularly  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  discrimination  and  lack  of 
opportunities  for  women  are  major  root  causes  of 
trafficking,  specific  action  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 profiles in different regions. 
The  use  of  EU  funding,  which  already  fosters  a 
number  of  targeted  projects  in  third  countries, 
should be further enhanced.  

the  European 

Although  training  for  senior  officials  has  been 
provided  at 
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  officials  likely  to  come  into 
contact  with  presumed  victims  in  countries  of 
destination  such  as  health  care  personnel  or  labour 
inspectors  should  also  be  involved.  Such  officials 
should  acquire  appropriate  background  to  identify 
situations  where  trafficking  could  be  hidden,  and 
should  also  be  able  to  approach  vulnerable  victims 

EN 

22 

   EN 

 
 
 
Measure 

Description 

Justification 

in a way that does not cause or increase the risk of 
secondary  victimisation,  that  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 

of 
Establishment 
means 
appropriate 
to 
including  funding 
international 
improve 
enforcement 
law 
and 
cooperation, 
especially  the  use  of 
Joint 
Investigation 
Teams; 

However 

cooperation. 

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 
joint 
enforcement 
investigation  teams,  which  are  considered  the  most 
effective  tools,  in  fact  are  scarcely  used.  From 
information  coming  from  EUROPOL  and  national 
poor 
law 
implementation  is  not  actually  related  to  possible 
legal  obstacles  Therefore  a  specific  legislative 
measure dealing with law enforcement international 
cooperation,  which 
into 
had 
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.  

enforcement 

agencies, 

taken 

been 

such 

4.3 

Policy option (3)  New  legislation  on  prosecution,  victim  support,  prevention 
and monitoring  

This  policy  option  assumes  that  legally  binding  instruments  are  needed  to  improve  the 
effectiveness of anti-trafficking policy. A new Framework Decision would repeal the FD and 
incorporate  the  stronger  provisions  of  the  Convention  but  make  all  of  them  binding.  The 
provisions  of  the  new  FD  would  enable  an  integrated  approach  which  deals  with  different 
aspects of anti-trafficking action including substantive criminal law and criminal  procedure, 
victim  support,  prevention  and  monitoring,  to  the  extent  possible  according  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 the 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 

23 

   EN 

 
 
                                                 
Measure 

Description 

Justification 

Definition  of 
trafficking 

aimed 

Provision 
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 
against 
Action 
Trafficking  in  Human 
Beings. 

Penalties  and 
aggravating 
circumstances 

Provisions  aimed  at 
further  approximation 
of penalties.  

Non 
punishment 
of the victim 

Provisions  aimed  at 
victims 
protecting 
prosecution, 
from 
and 
detention 
punishment  for  crimes 
they  have  committed 
as 
direct 
consequence  of  their 
being 
of 
trafficking 

victims 

a 

all 

for 

such 

forms 

provide 

definition, 

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 
a 
instruments 
consolidated  and  worldwide  agreed  definition  of 
trafficking,  but  also  because  they  provide  for  a 
broad 
of 
including 
current  Framework 
exploitation,  while 
labour 
and 
sexual 
Decision  only 
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  activities  associated  with  begging 
trafficking,  and 
for  child 
which 
exploitation of people in illicit activities, would be 
mentioned, to make it easier the task of interpreters 
and national legislators.  

the 
covers 

is  crucial 

This  would  be  a  strong  added  value  compared  to 
UN  Protocol  and  CoE  Convention,  which  do  not 
envisage  any  specific  level  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  imply  a  significant  step 
the  process  of  approximation  of 
forward 
penalties,  also  concerning 
the  basic  crime. 
Aggravating circumstance would also be improved, 
and  include  the  new  aggravating  circumstance  of 
the offence being committed against a child.  

in 

immigration 

Stakeholders  have  pointed  out  that  victims  of 
trafficking  are  normally  detained  or  prosecuted  or 
punished  for  minor  offences  which  are  typically 
connected  with  the  victimisation  process,  such  as 
violations  of 
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  witnesses.  Therefore  the 
clause  must  be  considered  a  major  element  of  a 
successful  anti-trafficking  legislation.  A  similar 
non  punishment  clause  has  been  included  in  the 

EN 

24 

   EN 

 
 
Measure 

Description 

Justification 

CoE Convention, but the formulation 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 
legal  definition  of 
the 
trafficking. The added value 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.  

to 

A  major  obstacle  to  prosecution  of  trafficking  is 
the  extreme  mobility  of  criminal  groups,  moving 
from  a  country  to  another  country  within  the  EU 
area  and  beyond.  A  binding  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 would 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.  

if 

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 
the  victim  withdraws  her/his 
declarations. The latter would 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.  

Jurisdiction 
and 
prosecution 

Jurisdiction 

Investigation 
and 
prosecution 

Provisions  aimed  at 
enlarging  and  making 
more 
binding 
extraterritorial 
jurisdiction  rules,  and 
enhancing  the  role  of 
Eurojust in the solution 
jurisdiction 
of 
conflicts. 

of 

and 

Provisions  aimed  at 
ex  officio 
ensuring 
the 
initiation 
proceedings, 
a 
period  of  prescription 
of  sufficient  duration 
to allow initiation after 
the  victim  has  reached 
the majority 

Investigation 
tools 

Provision  obliging  MS 
effective 
to  make 

One of the reasons why prosecution is not effective 
must  be  found  in  the  way  of  dealing  with 

EN 

25 

   EN 

 
 
 
 
Measure 

Description 

Justification 

Training 

Victim 
protection 

Victims’ 
rights 
criminal 
proceedings 

in 

investigation 
tools 
available  to  units  in 
trafficking 
charge  of 
cases. 

aimed 

Provision 
at 
ensuring  that  training 
is  available  for 
law 
enforcement, 
especially 
police officers 

front 

line 

trafficking  cases  by  law  enforcement  and  judicial 
competent  units.  Police  officials  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  investigative  techniques  should  be 
used  by  competent  units  or  services.  Under  the 
third  pillar  EU  legislation  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  obligation  to  make  such  tools 
available  to  competent  services  in  charge  of 
trafficking.  

investigation  and  prosecution 

Investigators and prosecutors should  be trained on 
a  regular  basis  for  the  purpose  of  carrying  out 
successful 
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.  

in 

Provisions  aimed  at 
strengthening  victims' 
rights 
criminal 
proceedings, especially 
dealing 
with 
protection, 
and 
compensation, 
specific 
treatments 
aimed  at  preventing 
secondary 
victimisation  including 
specific  treatment  for 
child  victims,  and  for 
adult  victims  under 
certain circumstances.  

the  standing  of  victims 

FD  on 
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 
the  explanatory 
listed 
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 

in 

EN 

26 

   EN 

 
 
 
 
Measure 

Description 

Justification 

include 

and  would 

be  more  stringent  and  accountable.  In  particular, 
such  treatment  would  aim  to  prevent  secondary 
avoiding 
victimisation, 
questioning on private life, visual contact with the 
offender,  giving 
in  open  court, 
testimony 
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 
adequate 
establish 
support 
victim 
schemes 
for  victims 
based on unconditional 
since 
the 
assistance 
first 
the 
stage  of 
identification process; 

Special 
measures  for 
children 

Provisions  aimed  at 
child 
ensuring 
friendly 
approach 
during the proceedings 

a 

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 effective not only in terms of 
inclusion  of 
recovery  and  subsequent  social 
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 
to  establish  such 
provide  for  an  obligation 
schemes. Under the third pillar the legal basis does 
not  allow  to  deal  with  quality  standards,  and 
cooperation  agreements  for  the  establishment  and 
functioning  of  such  schemes,  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 
the  Directive  2004/81/EC  on 
application  of 
residence permits which only apply to victims who 
are 
the 
third  country  nationals.  Therefore 
provisions  included  in  the  new  FD  concerning 
assistance  to  victims  apply  to  EU  nationals,  who 
will  be  entitled  at  least  to  the  same  treatment 
envisaged for third country nationals.  

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 
the 
exploitation  and  sexual  abuse,  such  as 
the 
appointment  of  a  special  representative, 

EN 

27 

   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.  Special  provisions  would 
deal  with  unaccompanied  minors,  concerning  the 
establishment  of  identity  and  nationality,  and  the 
location  of  the  family.  In  this  case  the  competent 
identifying  a  durable 
authorities  should  start 
solution for the child.  

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 
for  other  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.  

training 

MS  would  be  obliged  to  take  action  to  discourage 
the demand of sexual services and cheap labour by 
the 
any  means.  A  specification  would  be 
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 exploitation, the obligation to 
criminalise  employers  of  illegally  staying  third 
country 
employ 
trafficked persons is envisaged by the proposal for 
a  Directive  on  sanction  for  employers,  currently 
under discussion. The provision under the new FD 
would  apply  to  those  who  are  not  covered  by  the 

nationals  who 

knowingly 

Training 

Prevention 

for 

Obligation  on  MS  to 
regular 
establish 
training 
law 
enforcement  officials 
into 
to  come 
likely 
contact  with  potential 
presumable 
and/or 
victims, 
at 
aimed 
improving  their  skills 
in  the  identification  of 
a  case  of  trafficking 
and 
trafficking 
a 
victim;  

Provisions  aimed  at 
reducing  the  demand 
of  sexual  services  and 
labour, 
cheap 
the 
including 
to 
possibility 
criminalise  employers 
who  knowingly  use 
services  exacted  from 
a trafficked person;65  

65 

A provision on the criminalisation of employers has been included in the Proposal 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, with 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 

28 

   EN 

 
 
 
 
 
 
                                                 
Measure 

Description 

Justification 

Directive  proposal,  that  is  to  say  employers  of 
third  country  nationals,  and 
legally  staying 
the  field  of 
employers  of  EU  nationals.  In 
trafficking 
the  new 
for  sexual  exploitation 
provision would cover clients who knowingly buy 
trafficked  person  of 
sexual  services  from  a 
is 
whatever  nationality.  A  similar  provision 
included  in  a  non  binding  formulation  in  the  CoE 
the 
the 
Convention.  During 
discussion 
is 
that 
controversial  especially  because  a  sensitive  debate 
is going on in many MS on prostitution policy and 
legislation.  Therefore 
idea  of  a  binding 
the 
provision  has  been  discarded,  and  a  formulation 
leaving  to  MS  room  for  manoeuvre  has  been 
included, similar to the one envisaged by the CoE 
Convention.  

consultation, 
the 

provision 

showed 

Monitoring 

Establishment 
of 
National  Rapporteurs 
or 
equivalent 
mechanism. 

This  measure  is  crucial,  taking  into  account  that 
better  knowledge  of  the  situation  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 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 
issued  at  EU  level,  to  ensure  that  figures  and 
are 
estimates  produced 
comparable,  and 
reliable 
assessments.  The  new  FD  would  only  contain  an 
obligation to establish such mechanisms. Tasks and 
structure would not be covered by the legislation.  

to  European 

at  national 

level 

lead 

of 

a 
such 

Establishment  of 
network 
monitoring 
mechanisms,  with  a 
view  to  set  up  agreed 
methodology  for  data 
and 
collection 

In  order  to  ensure  exchange  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 basis. For this purpose, a 
network  should  be  established.  However,  in  the 
context  of  option  3  this  goal  would  be  achieved 

EN 

29 

   EN 

 
 
 
 
 
Measure 

Description 

Justification 

assessment, 
exchange 
and best practices. 

and 
information 

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  instrument  is  related  to  the  advantages  of  the  more  integrated 
institutional  framework  of  the  European  Union  concerning  third  pillar  instruments,  in 
particular Framework Decisions, vis-à-vis international treaties and conventions. In particular: 

–  In contrast with the lengthy procedures to sign and ratify international conventions that can 
last  for  many  years,  Framework  Decisions  enter  into  force  exactly  as  first  pillar 
instruments do and set out a restricted period for implementation. 

–  Member States must notify the national measures implementing Framework Decisions to 
the  Council  and  Commission.  The  correct  and  full  implementation  of  Member  States  is 
evaluated in an implementation report from the Commission, later assessed 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 preliminary 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  include  rules  solving  positive  conflicts  of 
jurisdiction,  a  set  of  criteria  to  determine  jurisdiction  when  several  Member  States  are 
competent, and encourage the recourse to Eurojust for the solution of the conflicts. Such 
rules  contribute  to  ensure  fast  and  efficient  prosecution  of  trafficking  as  a  trans-national 
offence. 

–  Victim  rights  and  support:  the  new  FD  would  provide  for  higher  standards  concerning 
assistance to victims, and specific 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 including 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  specific  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  contain  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 

30 

   EN 

 
 
                                                 
measures,  criteria,  methods,  procedures  and  quality  standard  for  the  establishment  of  such 
measures. 

Legislative  and  non  legislative  measures  are  divided  in  different  chapter.  In  the  context  of 
every chapter, the most important are first mentioned.  

Measure 

Description 

Justification 

As in Option 3. 

Definition 
trafficking 

of 

Provision  aimed  at 
bringing  the  definition 
of  trafficking  in  line 
with 
international 
instruments  such  as 
the  2000  UN  Protocol 
on 
in 
trafficking 
persons supplementing 
the  UN  Convention 
against 
transnational 
Organised  Crime,  and 
the  2005  Council  of 
Europe  Convention  on 
Action 
against 
Trafficking  in  Human 
Beings. 

and 

Penalties 
aggravating 
circumstances 

Provisions  aimed  at 
further  approximation 
of penalties.  

As in Option 3. 

Non 
punishment  of 
the victim 

Jurisdiction 
and 
prosecution 

Jurisdiction 

As in option 3.  

Provisions  aimed  at 
victims 
protecting 
prosecution, 
from 
detention 
and 
punishment  for  crimes 
they  have  committed 
as 
direct 
consequence  of  their 
being 
of 
trafficking 

victims 

a 

As in Option 3.  

Provisions  aimed  at 
enlarging  and  making 
more 
binding 
extraterritorial 
jurisdiction  rules,  and 
enhancing  the  role  of 

EN 

31 

   EN 

 
 
 
 
 
As in option 3.  

As in Option 3.  

As in Option 3.  

As in Option 3  

Investigation 
and 
prosecution 

Investigation 
tools 

Training 

Victim 
protection 

Victims’  rights 
in 
criminal 
proceedings 

in 

Eurojust 
the 
solution of jurisdiction 
conflicts. 

of 

and 

Provisions  aimed  at 
ensuring  ex  officio 
the 
initiation 
proceedings, 
a 
period  of  prescription 
of  sufficient  duration 
to allow initiation after 
the victim  has  reached 
the majority 

Provision obliging MS 
effective 
to  make 
investigation 
tools 
available  to  units  in 
charge  of  trafficking 
cases. 

Provision  aimed  at 
ensuring  that  training 
is  available  for  law 
enforcement, 
especially  front 
police officers 

line 

in 

Provisions  aimed  at 
strengthening  victims' 
rights 
criminal 
proceedings, 
especially dealing with 
protection, 
and 
compensation, 
specific 
treatments 
aimed  at  preventing 
secondary 
victimisation including 
specific  treatment  for 
child  victims,  and  for 
adult  victims  under 
certain circumstances.  

Victim support  Obligation  on  MS  to 
adequate 

establish 

As in Option 3.  

Concerning  the  relationship  between  legislative 

EN 

32 

   EN 

 
 
 
 
victim 
support 
schemes  for  victims 
based 
on 
unconditional 
the 
assistance  since 
first 
the 
stage  of 
identification process; 

and  non  legislative  measures  in  the  context  of 
Option  4,  the  new  FD  would  provide  for  an 
obligation  to  establish  victim  support  schemes, 
while 
cooperation 
agreements  for  the  establishment  and  functioning 
of  such  schemes  would  form  part  of  a  non 
legislative 
Council 
Conclusions.  

standards, 

document 

quality 

such 

and 

as 

Special 
measures 
children 

for 

Provisions  aimed  at 
child 
ensuring 
a 
friendly 
approach 
during the proceedings 

As in Option 3.  

As in Option 3.  

Concerning  the  relationship  between  legislative 
and  non  legislative  measures  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.  

As in Option 3.  

Training 

Prevention 

Criminalisation 
of users 

for 

Obligation  on  MS  to 
regular 
establish 
training 
law 
enforcement  officials 
into 
to  come 
likely 
contact  with  potential 
presumable 
and/or 
at 
aimed 
victims, 
improving  their  skills 
in  the  identification  of 
a  case  of  trafficking 
trafficking 
a 
and 
victim;  

Provisions  aimed  at 
reducing  the  demand 
of  sexual  services  and 
labour, 
cheap 
the 
including 
possibility 
to 
criminalise  employers 
who  knowingly  use 
services  exacted  from 

67 

A provision on the criminalisation of employers has been included in the Proposal 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, with 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 

33 

   EN 

 
 
 
 
 
 
                                                 
Prevention 
measures 
countries 
destination 

in 
of 

Prevention 
measures 
countries 
origin 

in 
of 

a trafficked person;67  

Adoption 
of 
preventive  measures 
aimed  at  discouraging 
the  demand  of  sexual 
services  and  cheap 
including 
labour 
targeted 
through 
information 
and 
raising 
awareness 
campaigns, 
and 
sensitisation  to  gender 
equality. 

Adoption 
of 
preventive  measures 
aimed  at  promoting 
equality, 
gender 
in 
reducing  poverty 
of 
targeted 
source 
countries, 
promoting  information 
and  awareness,  and 
developing research. 

areas 

Training 

training  for 
Regular 
officials other than law 
enforcement officials  

Law 
enforcement 
cooperation 

of 
Establishment 
appropriate 
means 
including  funding  to 
international 
improve 
enforcement 
law 
cooperation, 
and 
especially  the  use  of 
Investigation 
Joint 
Teams; 

As in Option 2.  

As in Option 2.  

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  level,  in  cooperation  with 
source countries.  

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 

34 

   EN 

 
 
 
 
                                                                                                                                                         
Monitoring 

As in Option 3.  

of 
Establishment 
National  Rapporteurs 
or 
equivalent 
mechanism. 

As in Option 3.  

to 

Establishment  of  a 
network  of  such 
monitoring 
mechanisms, with a 
view 
set  up 
agreed 
methodology 
for 
data  collection  and 
and 
assessment, 
exchange 
information 
best practices. 

and 

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 particular policy option would have on specific issues 
falling  within  the  economic,  social  and  fundamental  rights  context.  No  significant 
environmental impacts are involved in any of the considered policy options.  

Generally  speaking,  the  expected  impact  in  the  long  run  is  the  reduction  and  hopefully  the 
eradication  of  the  crime.  Impact  on  the  short  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  the  ineffectiveness  of  current  legislation  and 
anti-trafficking policy. Member States could not be expected to continue tackling the crime on 
a  national  level,  or  in  bilateral  cooperation  with  each  other.  As  a  matter  of  fact,  the  results 
achieved  at  national  level  are  not  adequate,  due  to  the  prevalent  nature  of  trafficking  as  a 
transnational crime, and therefore the need arises for further approximation of legislation, and 

EN 

35 

   EN 

 
 
 
 
 
 
 
adoption  of  comparable  policies,  especially  concerning  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 action, the option of not taking any action at the EU 
level would be not justified.  

In  principle,  all  EU  Member  States  may  ratify  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  the  Convention  adopts  a 
comprehensive  and  human  rights  centred  approach  dealing  with  prevention,  assistance  to 
victims,  non  punishment  and  residence  status  of  victims,  obligation  to  criminalise,  and 
prosecution.  The  implementation  of  such  provisions  by  MS  is  to  be  seen  as  an  important 
achievement, and therefore the EU has always encouraged MS to ratify the Convention. Since 
the large majority of MS have signed the Convention, out of which 11 have 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,  those  that  are  non-binding,  and 
binding provisions which allow states to make a reservation. For example, 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 prosecution of nationals and habitual residents who commit the crime 
abroad allows reservations. Therefore 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  achieved  through  MS'  ratifications  would  not  bring 
about the same results as legislation at EU level.  

In addition and beyond the Council of Europe Convention, all the considerations developed 
under paragraph 2.6 must be recalled here, with respect to the crime being expected to remain 
stable  or  even  grow  if  no  effective  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  economic  impact  of  this  policy  option  on  the 
national  budget.  Some  indications  derive  from  the  replies  given  by  Member  States  to  the 
questionnaire circulated by the Commission in December 2007, which are analysed more in 
details  under  Option  4.  However,  under  this  policy  option  the  estimated  costs  are  less 
significant, due to the low level of compliance of MS which is expected by stakeholders. 

The costs of preventive measures aimed at reducing 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 information 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 nature of the instrument under this option.  

EN 

36 

   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 negative economic impact: 

+ 

- 

5.2.2. 

Social impact 

This policy option would have in principle considerable social impacts, 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  rehabilitation,  and  receive  help  to  their  social 
integration  including  the  integration  in  the  labour  market,  in  the  country  of  origin  or  in  the 
receiving country. However, as in the case of the economic impact, the magnitude of such an 
impact  both  concerning  costs  and  benefits  is  dramatically  reduced  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  fundamental  rights.  Measures  to  effectively 
address  trafficking  of  human  beings,  in  particular  children,  contribute  to  promote  the  rights 
enshrined in Article 5 (3) and 24 of the EU Charter. However, since assistance programmes 
normally  imply  the  collection  of  personal  data,  in  case  of  incorrect  implementation  of  this 
option, a negative fundamental rights impact could affect the right to privacy, the protection 
of  personal  data,  and  even  the  right  to  safety.  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 fundamental rights impact: 

Magnitude of the negative fundamental rights impact: 

+ 

- 

5.2.4.  Relevance of the measure 

Leg/ 
non 
leg 

N 

Measure 

Link to specific 
objective  

Cost  

Establish  victim  support  schemes, 
including 
of 
cooperation 
assistance 
agreements 

quality 
and 

standards 

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 
(for 
79,273,184 
further  details  see  Annex  I, 
tables 24 and 25).  

EN 

37 

   EN 

 
N 

Establishment 
Rapporteurs 
mechanisms 

of 

or 

National 
equivalent 

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. 

D2 

The estimated global cost of 
the  network  (2  meetings  a 
year) 
around  EUR 
100.000. 

is 

N 

N 

 N 

N 

N 

Establishment  of  a  network  of  such 
monitoring  mechanisms,  with  a  view 
to set up agreed methodology for data 
and 
collection 
best 
exchange 
practice 

and 
information 

assessment, 
and 

Regular training and joint training for 
public  officials  likely  to  come  into 
contact with victims 

A2,  A3,  B2, 
B3, C2 

CEPOL  training  course  for 
enforcement 
20 
officials EUR 30-35,000  

law 

Unable  to  quantify  the  cost 
for other public officials. 

Preventive  measures 
countries 

in 

source 

C1, C2 

Unable to quantify 

Measures  to  improve  international 
law enforcement cooperation 

A3 

Joint 
Investigation  Team 
for 12 months investigation:

Awareness  raising  and  sensitisation 
campaigns 

C3 

EUR 1,645,800 

Unable to quantify 

5.3. 

Option (3)  New  legislation  on  prosecution,  victim  support,  prevention  and 
monitoring 

5.3.1.  Economic impact 

The  budgetary  consequences  of  the  criminal  law  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  deterrent  effects  and  a  substantial 
reduction of the scale of the crime on the medium-long term. It is necessary to point out that 
the current dimension of trafficking has a remarkable negative economic impact. In fact the 
massive  demand  of  cheap  labour  creates  favourable  conditions  for  private  individuals  and 
enterprises which use such services, and therefore causes distortions of competition. Although 
it is impossible to quantify the economic advantages deriving from the reduction of the scale 
of  the  crime,  the  effects  should  be  significant  taking  into  account  the  above  mentioned 
estimates on the proceeds of crime (see paragraph 2.3).  

EN 

38 

   EN 

 
 
 
 
 
Concerning the cost of assistance measures for victims, some figures are available concerning 
national systems, on the basis of which an extrapolation of estimated costs will be developed 
under option 4, since that option implies the highest level of expected 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 negative economic impact: 

+ 

- 

5.3.2. 

Social impact 

In  the  long  run  significant  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  victims  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 victims, the expected impact 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 appropriate means designed for this purpose.68 

Concerning  the  obligation  to  criminalise  clients  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 other stakeholders highlighted 
a risk connected with such measures, which could turn to a great disadvantage for prostitutes 
themselves,  could  increase  the  level  of  illegality  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  some  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 positive, 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 above, the right to be 
protected from slavery, forced labour and servitude has been acknowledged by the European 
Court  of  Human  Rights  in  the  leading  case  Siliadin  v.  France.71  In  addition,  measures  to 

68 

69 
70 

71 

OSCE-ODIHR,  Compensation  for  Trafficked  and  Exploited  Persons  in  the  OSCE  Region,  Warsaw, 
2008.  
See paragraph 2.9. 
Ahtnet,  Networking  against  human  trafficking,  Life  Stories,  June  2007,  Project  funded  under  Equal, 
European Social Fund 
European  Court  of  Human  Rights,  Second  Section,  Case  of  Siliadin  v.  France  (Application  no. 
73316/01), Judgement of 26 July 2005.  

EN 

39 

   EN 

 
                                                 
effectively address trafficking of human beings and, in particular children, promote the rights 
enshrined  in  Article  5  (3)  and  24  of  the  EU  Charter.  The  right  of  the  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  strengthened  role  would  be  such  as  to  endanger  the 
defendant's procedural rights, in particular the right to a fair trial (Article 47 EU Charter) and 
the  right  of  defence  (Article  48  of  EU  Charter)  However,  the  European  Court  of  Human 
Rights has established clear principles to reconcile the respective rights of the defendant and 
the victim.73 Especially in cases of sexual abuse where 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  defendant's  rights  can  be  avoided  through  a  careful 
drafting of the legislative texts as well as proper implementation and application by Member 
States. 

Magnitude of the positive fundamental rights impact: 

++ 

Magnitude of the negative fundamental rights impact: 

- 

5.3.4.  Relevance of the measure 

Leg/ non leg  Measure 

Cost  

to 

Link 
specific 
objective  

A1, A3  

No direct cost 

Bringing  definition  of  trafficking 
into 
international 
instruments 

line  with 

Approximation of penalties 

A1 

No direct cost 

victims 

from 
Protecting 
prosecution for crimes committed 
as result of victimisation 

A2, B2 

No direct cost 

Enlarged  and  more  binding 
extraterritorial jurisdiction rules 

A4 

No direct cost 

See in particular, as first examples of this relatively recent jurisprudence, the following cases: Aksoy v. 
Turkey , 18.12.1996; Kaya v. Turkey, 19.2.98; Selmouni v. France, 28.7.99. 
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 principles of fair trial also require that, in appropriate 
cases,  the  interest  of  the  defence  are  balanced  against  those  of  witnesses  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 was not able to confront, either as a consequence of 
the absence or the anonymity of the witness.  
S.N. v. Sweden, 2.7.02. The Court did not hold a breach of Article 6 of the Convention in a case where 
the testimony of the child had been videotaped at an early stage of the proceedings by a police official. 
Judgement of the European Court of Justice, Pupino, Case C-105/03 (16 June 2005). 

L 

L 

L 

L 

72 

73 

74 

EN 

40 

   EN 

 
 
 
                                                 
L 

L 

L 

L 

L 

L 

L 

Generalised  use  of  effective 
investigation  tools  for  organised 
crime 

A3 

No direct cost 

Increased  protection  of  victims' 
rights in criminal proceedings 

B3, B4 

No direct cost 

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:  

(for 
79,273,184 
EUR 
further  details  see  Annex  I, 
tables 24 and 25).  

Measures  aimed  at  reducing  the 
demand  of  sexual  services  and 
cheap labour75 

C3 

Unable to quantify 

Obligation  to  establish  regular 
training for law enforcement 

A2, A3, B2, 
B3, C2 

CEPOL  training  course  for 
20 
enforcement 
officials EUR 30-35,000 

law 

Rapporteurs 

National 
or 
equivalent  mechanisms  for  the 
monitoring  

D1 

Annual budget of the Dutch 
National Rapporteur: 

EUR 560,000. 

of 

Annual 
the 
budget 
'Centre  pour  l'égalité  des 
chances' 
EUR 
236,000. 

(BE): 

Network  of 
mechanisms 

such  monitoring 

D2 

The estimated global cost of 
the  network  (2  meetings  a 
around  EUR 
year) 
100.000. 

is 

Magnitude of the positive fundamental 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  person,  taking  into  account  the  results  of  the  ongoing  debate  on  this 
issue.  

EN 

41 

   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 and evaluations developed with respect to option 
2 and option 3 must be recalled. This combination includes the highest level of regulation and 
therefore implies higher costs and benefits compared to the previous options. Furthermore, it 
is necessary to underline that the level of implementation is most probably 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 costs related to victim 
support  and  prevention  measures  must  be  more  carefully  assessed,  since  this  option  is 
considered to be better place to ensure an excellent level of implementation. As examples of 
the costs bore by MS to assist victims of trafficking, we have figures given by MS. In 2005 
Belgium  spent  635.381  EUR  (amount  provided  to  the  three  centres  services  providers),  and 
assisted  121  victims.  In  2006  Italy  spent  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 victims; Slovenia spent EUR 
40,740 and assisted 40 victims.77 

For  other  countries  we  know  the  amount  spent  for  victims  support  schemes  but  we  do  not 
dispose  of  figures  concerning  assisted  victims.  DKK  8,25  million  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 victims' 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  the  costs  is  affordable.  Some  support  can  be 
offered by the EU funding.  

According  to  stakeholders  from  Italy,  the  cost  of  an  assistance  and  social  integration 
programme including accommodation, protection, healthcare, psychological assistance, legal 
counselling, education or training, language training, support in the social integration at work, 
amounts  to  EUR  50-60  a  day  for  every  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 types of assistance to be set out.  

The  costs  of  preventive  measures  cannot  easily  be  assessed.  We  only  dispose  of  estimates 
concerning the cost of training for law enforcement 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 
77 

78 

See footnote 64. 
Source:  MS  Replies  to  the  questionnaire.  Is  has  to  be  underlined  that  the  figures  are  not  completely 
comparable  due  to  the  different  types  of  assistance  measures,  the  different  institutional  framework 
(federal/national/local  funding),  and  the  different  methodology  used  to  identify  the  public  funding 
devoted to victims. 
Source: idem. 

EN 

42 

   EN 

 
                                                 
Since  good  implementation  is  expected  in  the  short-medium  term  for  such  an  option,  and 
therefore  a  significant  increase  of  victims  assisted,  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 negative economic impact: 

++ 

-- 

5.4.2. 

Social impact 

In  addition  to  the  considerations  developed  under  option  3,  the  impact  of  social  assistance 
measures for victims must be underlined here. Under this option good results 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 destination. Although there are considerable flows of 
trafficking  within  the  EU  area,  the  positive  impact  will  particularly  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 comparable to the actual scale of 
the  criminal  phenomenon,  and  therefore  involve  several  hundred  thousand  people  currently 
subject to economic exploitation.  

Theoretically  there  could  be  a  negative  impact  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 within the labour market.  

A  positive  impact  on  public  health  is  also  expected.  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 protected sexual intercourse, for clients who ask for 
such  services,  and  consequently  for  people,  mostly  women,  who  have  sexual  relationships 
with such clients. By empowering women, the whole 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, empowerment 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 developed under Option 2 and 3 must be recalled here. Furthermore, a 
positive  impact  is  expected  concerning  the  respect  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  consequence  of  full  implementation  of  victim  support 
mechanisms.  Every  provision  aimed  at  supporting  victims  in  the  concrete  exercise  of  their 
rights in criminal proceedings such as assistance measure, psychological assistance and legal 
counselling, will empower them and contribute to strengthen the respect for their dignity. In 

79 

Humanist Committee on Human Rights (HOM), Health Rights of Women, Assessment Instrument, 2006 

EN 

43 

   EN 

 
                                                 
addition,  specific  provisions  aimed  at  protecting  victims  from  secondary  victimisation  may 
contribute to enhance the respect for victim's dignity.  

Magnitude of the positive fundamental rights impact: 

+++ 

Magnitude of the negative fundamental rights impact: 

- 

5.4.4.  Relevance of the measure 

Measure 

Leg/ 
non 
leg 

Cost  

to 

Link 
specific 
objective  

L 

L 

L 

L 

L 

L 

L 

Bringing  definition  of  trafficking  into 
line with international instruments 

A1, A3  

No direct cost 

Approximation of penalties 

A1 

No direct cost 

Protecting  victims  from  prosecution  for 
crimes 
of 
victimisation 

committed 

result 

as 

A2, B2 

No direct cost 

Enlarged 
and 
extraterritorial jurisdiction rules 

more 

binding 

A4 

No direct cost 

Generalised use of effective investigation 
tools for organised crime 

A3 

No direct cost 

Increased protection of victims' rights in 
criminal proceedings 

B3, B4 

No direct cost 

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:  

(for 
79,273,184 
EUR 
further  details  see  Annex  I, 
tables 24 and 25).  

N 

Description  of  victim  support  schemes, 
including quality standards of assistance 

A2, B1, B3 

(See above) 

EN 

44 

   EN 

 
 
 
L 

L 

and cooperation agreements 

Measures aimed at reducing the demand 
of sexual services and cheap labour80 

C3 

Unable to quantify 

Obligation  to  establish  regular  training 
for law enforcement 

A2, A3, B2, 
B3, C2 

CEPOL  training  course  for 
20 
enforcement 
officials  

law 

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: 

L 

Network of such monitoring mechanisms  D2 

EUR 560,000;  

Annual 
the 
budget 
'Centre  pour  l'égalité  des 
chances' (BE): 

of 

EUR 236,000 

The estimated global cost of 
the  network  (2  meetings  a 
year) 
around  EUR 
100.000. 

is 

 N 

N 

N 

80 

Preventive measures in source countries  C1, C2 

Unable to quantify 

Measures  to  improve  international  law 
enforcement cooperation 

A3 

Joint 
Investigation  Team 
for 12 months investigation:

Awareness  raising  and  sensitisation 
campaigns 

C3 

EUR 1,645,800 

Unable to quantify 

These measures could eventually include the criminalisation of employers and clients who knowingly 
use  the  services  of  a  trafficked  person,  taking  into  account  the  results  of  the  ongoing  debate  on  this 
issue.  

EN 

45 

   EN 

 
 
 
 
 
 
                                                 
COMPARING THE OPTIONS 

Summary table: costs and benefits 

6. 

6.1. 

Options 

Option 2  

Non legislative instrument 

Option 3 

New legislation  

Option 4 

Economic impact Social impact 

Fundamental  rights 
impact 

negative: - 

positive: + 

negative: - 

positive: + 

negative: - 

negative: - 

positive: + 

positive: + 

negative: - 

negative: - 

positive: ++ 

positive: ++ 

New  legislation  +  non  legislative 
instrument 

negative: -- 

negative: - 

negative: - 

positive: ++ 

positive: +++ 

positive: +++ 

EN 

46 

   EN 

 
 
 
6.2. 

Advantages and drawbacks of the policy options 

Policy options 

Advantages 

Drawbacks 

Option  2:  Non 
measures 

legislative 

Option  3:  New  legislation  on 
prosecution,  victim  support, 
prevention and monitoring 

description 

Detailed 
assistance  measures 
available 
persons 

for 

of 
to  be 
trafficked 

description 

of 
Detailed 
cooperation 
agreements 
between law enforcement and 
service providers 

Generalisation  of 
the  best 
national  practices  on  victims 
assistance and protection 

of 

quality 
Establishment 
standard 
assistance 
of 
measures  based  on  best 
practices 

description 
for 

of 
Detailed 
training  modules 
law 
enforcement  and  other  public 
officials 

description 

Detailed 
of 
preventive  measures  based  on 
best practices 

concerning 
Provisions 
definition  and  penalties  will 
facilitate  approximation  and 
international cooperation 

Non-punishment  clause  will 
facilitate 
of 
victims 

cooperation 

for  appropriate 
The  need 
organised  crime  investigation 
tools will be addressed 

need 
The 
extraterritorial 
rules will be addressed.  

extend 
jurisdiction 

to 

The  obligation  to  establish 
victims  support  schemes  will 
be  addressed,  although 
in 
general terms 

The  training  needs  will  be 
addressed, although in general 

 No  binding  rules  concerning 
the  establishment  of  victims 
support schemes 

No  new  rules  on  substantive 
criminal  law,  penalties  and 
jurisdiction 
be 
established. 

will 

Lack  of  control  on  national 
implementation. 

EU  trafficking  legislation  to 
prevent 
combat 
and 
to  be 
trafficking  continue 
outdated in relation to the UN 
and CoE.  

No  binding  rules  concerning 
the  establishment  of  training 
for law enforcement 

No  binding  rules  concerning 
prevention 

specific 

No 
concerning 
assistance measures  

indications 
standard 

specific 

indications 
No 
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.  

specific 

No 
concerning 
training 

indications 
for 

curricula 

Increase  of 
prostitution 

illegality  of 

not 

anymore 

Clients 
a 
resource  in  the  fight  against 
trafficking 

EN 

47 

   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 

Provisions 
concerning 
definition  and  penalties  will 
facilitate  approximation  and 
international cooperation 

Non-punishment  clause  will 
of 
facilitate 
victims 

cooperation 

The  need 
for  appropriate 
organised  crime  investigation 
tools will be addressed 

Option 4: New legislation (as 
in  option  3)  +  non  legislative 
measures 

Risk 
for 
immediate 
if 
deportation  of  workers, 
effective  measures  to  protect 
them are not in place81  

Increase  of 
prostitution 

illegality  of 

not 

anymore 

a 
Clients 
resource  in  the  fight  against 
trafficking 

immediate 
for 
Risk 
deportation  of  workers, 
if 
effective  measures  to  protect 
them are not in place82  

The 
need 
extraterritorial 
rules will be addressed.  

extend 
jurisdiction 

to 

The  obligation  to  establish 
victims  support  schemes  will 
in 
be  addressed,  although 
general terms 

The  training  needs  for  law 
enforcement  and  other  public 
officials, and the judiciary will 
be addressed  

for  preventive 
The  need 
measures  will  be  addressed, 
although in general terms 

to 
Possibility 
demand of sexual services 

reduce 

the 

Possibility  to  discourage  the 
demand of cheap labour 

Detailed 

description 

of 

81 
82 

The last three drawbacks would be expected if the legislation provided for criminalisation of users. 
Idem. 

EN 

48 

   EN 

 
                                                 
assistance  measures 
available 
persons 

for 

to  be 
trafficked 

description 

Detailed 
of 
agreements 
cooperation 
between  law  enforcement and 
service providers 

the  best 
Generalisation  of 
national  practices  on  victims 
assistance and protection 

of 

quality 
Establishment 
standard 
assistance 
of 
measures  based  on  best 
practices 

Detailed 
training modules  

description 

of 

description 

Detailed 
of 
preventive  measures  based  on 
best practices 

The  need 
to  establish  a 
national 
of 
network 
monitoring  mechanisms  will 
be addressed 

EN 

49 

   EN 

 
 
6.3. 

Comparison of options  

Option (2) 

Non legislative measures  

This  option  has  all  the  advantages  and  disadvantages  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 facilitate the identification of which measures are 
best  in  terms  of  effectiveness.  However,  this  option,  in  so  far  as  it  implies  that  no  EU  new 
legislation will be adopted, is not consistent with the need for more effective provisions which 
has  been  highlighted  in  the  recently  adopted  Commission  Working  Document,83  especially 
concerning victims' support schemes. Furthermore, although non legislative documents were 
adopted on many occasions,84 the response was not satisfactory. Therefore the expected level 
of compliance concerning this option is particularly low. In addition, option (2) implies that 
criminal  law  issues  will  not  be  addressed,  while  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 society organisations welcomed the revision of 
legislation, and showed a general 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  establishing  binding  provisions,  and  therefore  a  higher 
level  of  implementation  and  effectiveness  is  expected.  In  addition,  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  been  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 enlargement of the extraterritorial jurisdiction rule, 
and the obligation to establish victims support schemes must be considered at the core of the 
revision.  Taking  into  account  the  results  of  such  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  positive  impact  of  both  the  legislative  and  non 
legislative  instruments.  The  binding  nature  of  the  provisions  of  the  legislation86  based  on 
integrated approach and dealing with all the essential aspects of anti-trafficking policy would 
establish an obligation to take action in certain fields and would be complemented by a non 
binding instrument containing more precise indications on standards, procedures and criteria 
to adopt such measures in the most effective way. 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  prevent  and  fight  against  the  crime.  In  addition, 
MS  would  be  offered  guidance  for  the  concrete adoption  of such  measures  through  the non 
legislative instrument, which would be based on good practices, and therefore would favour 
the  establishment  of  the  highest  quality  standards.  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 
84 

85 
86 

Commission Working Document COM(2008)657, cit. 
Brussels  Declaration,  cit.,  Experts  Group  Report  2004,  cit.,  Recommendations  on  identification  and 
referral to services, 2007, cit,. 
Written opinion issued by the Expert Group after the meeting on 2-3 October 2008. 
See footnote 56. 

EN 

50 

   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, Option (4) shows the added value of a broader 
approach including criminal law, victim support, prevention, and monitoring. In addition, the 
combination  of  legislative  and  non  legislative  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 the 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 investigation and prosecution (legislation).  

6.4.1.2.  Victims protection and support 

–  Provisions aimed at protecting victims from secondary victimisation including all 
child  victims  and  on  a  case  by  case  basis  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 establishment 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 (legislation + non legislative measures); 

Training for other public officials (non legislative measures); 

Measures  aimed  at  discouraging  the  demand  of  sexual  services  and  cheap  labour 
(legislation + non legislative 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  Convention  on  Action  against  Trafficking  in 

Human Beings 

–  Approximation of penalties; 

–  Better formulation of the non punishment clause; 

–  Broader and more binding extraterritorial jurisdiction rules;  

–  Better standards of victim assistance; 

EN 

51 

   EN 

 
 
–  Binding and more detailed regulation of training for law enforcement; 

–  Obligation to make available investigative tools designed for organised crime cases; 

–  More binding nature of the EU acquis. 

7. 

MONITORING AND EVALUATION 

For the evaluation of anti-trafficking policy falling under the competence of Member States, 
the relevant indicators are contained in an Assessment Manual which is the result of a study 
funded by the Commission.87 Regarding indicators for data collection from unofficial sources 
and assessment of the scale of the crime, a consultation88 is ongoing in cooperation between 
the  Commission  and  ILO.  Two  projects  funded  by  the  Commission  and  led  by  Austria  in 
cooperation  with  IOM  and  Portugal  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  common  framework  and  methodology  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 

To 

A.1 
proportionate 
penalties 

impose 
and 

effective, 
dissuasive 

To 

A.2 
victims' 
cooperation with judicial authorities 

facilitate 

remove  obstacles 
cooperation 

to 
A.3  To 
international 
and 
generalize  the  use  of  investigative 
in 
are 
tools  which 
organised  crime  and  transnational 
cases 

effective 

Number of investigated and prosecuted cases 

Number of convictions 

Level of penalties 

Number of victims who reported the crime 

Number of victims who acted as witnesses 

Number  of  cases 
cooperation tools have been used 

in  which  some 

international 

Number  of  cases  in  which  Joint  Investigation  Teams 
have been used 

Number  of  cases  in  which  exchange  of  information 
through Europol has been carried out 

A.4  To 
prosecution 
facilitate 
traffickers  when  the  offence  has 

Number  of  cases  prosecuted  on 
extraterritorial jurisdiction 

the  basis  of 

87 

88 

Mike  Dottridge,  Measuring  Responses  to  Trafficking  in  Human  Beings  in  the  European  Union:  an 
Assessment Manual, 2007, Study funded by JLS. 
The consultation on line is based on the DELPHI method. The results will be available by the end of 
2008.  

EN 

52 

   EN 

 
 
                                                 
been  committed  out  of  the  territory 
of the State 

Number  of 
Eurojust 

jurisdiction  conflicts  solved 

through 

Specific Objective:  

B. To protect victims' rights 

B.1  To  provide  any  presumed 
victim  with  unconditional  and 
individualised  assistance  before, 
during 
criminal 
proceedings 

after 

and 

and  prosecution 

from 
B.2  To  protect  victims 
detention 
for 
crimes  they  have  been  induced  to 
commit  such  as  violations  of 
immigration laws 

B3  To  increase  the  protection  of 
secondary 
victims 
victimisation deriving form the way 
the proceedings are carried out 

from 

B4  To  establish  specific  means 
aimed 
effective 
protection and compensation 

ensuring 

at 

Number of victims who have received assistance;  

Number  of  victims  who  have  been  subsequently 
integrated into the labour market, in countries of origin 
or destination 

Decreased  number  of  victims  held  in  detention  or 
prosecuted for such crimes 

Number  of  victims  including  child  victims  who 
benefited from specific treatment;  

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  were  enrolled  in  protection 
programmes 

Number of victims who received legal counselling 

Specific Objective: 

C. To prevent trafficking 

C.1  To  reduce  vulnerability  factors 
in countries of origin 

Number of women, children and other targeted groups 
who received support in each third-country 

C.2  To  improve  skills  of  public 
officials likely to come into contact 
with potential victims;  

Number  of  targeted  actions  carried  out  in  third 
countries 

Number of training available for law  enforcement and 
the judiciary 

Number  of  training  available  for  other  relevant  public 
officials 

Number of participants for each type of training 

EN 

53 

   EN 

 
 
 
C.3  To  discourage  the  demand  of 
sexual services and cheap labour 

No indicators have been identified at this stage 

Specific Objective:  

To 

D. 
monitoring systems 

establish 

effective 

D.1  To  set  up  consistent  national 
as  National 
such 
mechanisms 
Rapporteurs 
equivalent 
or 
mechanisms 

Monitoring mechanism established at national level 

Tasks, human resources and budget set up 

D.2  To  establish  close  cooperation 
between such mechanisms 

Rules for cooperation set up 

Number of meetings of the network 

Number  of 
established channels 

information  exchanged 

through 

the 

EN 

54 

   EN 

 
 
 
1. Cases of trafficking for sexual exploitation investigated or prosecuted89 

ANNEX I 

FIGURES  

Country 

2001  2003  2005 

2006 

Austria 

48 

223 

93 

Belgium90  

n/a 

n/a 

n/a 

128 

291 

Bulgaria 

n/a 

n/a 

191/21191  291/329 

Cyprus 

n/a 

n/a 

n/a 

Czech Rep 

27 

10 

16 

Finland 

n/a 

n/a 

3 

France  

n/a 

n/a 

n/a 

Germany 

n/a 

n/a 

317 

Hungary92 

0 

0 

5 

n/a 

16 

6 

n/a 

353 

5 

Italy93 

Latvia 

Lithuania 

Luxemburg  2 

n/a 

60 

201 

214 

12 

19 

13 

18 

2 

17 

18 

1 

24 

21 

4 

Netherlands  n/a 

n/a 

n/a 

n/a 

Malta 

Poland94 

Portugal 

0 

31 

46 

1 

14 

51 

1 

19 

67 

1 

21 

65 

89 

90 
91 
92 
93 

94 

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  combating  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.  
Statistics on prosecution are only available since 2006.  
Number of proceedings vs number of victims; including trafficking of labour. 
The figure also includes cases of forced labour. 
The figures are related to the crime of reduction to slavery, slave trade, and trafficking in human beings, 
including for the purpose of sexual and labour exploitation (source: National Antimafia Directorate).  
The figure also includes cases of forced labour. 

EN 

55 

   EN 

 
                                                 
Slovakia 

Slovenia 

6 

4 

28 

14 

4 

5 

Spain95 

n/a 

n/a 

n/a 

Sweden 

n/a 

22 

44 

UK 

n/a 

n/a 

37 

Norway 

n/a 

n/a 

8 

11 

6 

n/a 

27 

54 

29 

2. Cases 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 

6196 

62 

Cyprus 

n/a 

n/a 

n/a 

n/a 

Czech Rep 

5 

1 

Finland 

n/a 

n/a 

4 

1 

6 

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 

Lithuania 

n/a 

Luxemburg  0 

Malta 

0 

0 

0 

0 

0 

1 

0 

0 

0 

3 

1 

0 

Netherlands  n/a 

n/a 

n/a 

n/a 

Poland 

n/a 

n/a 

n/a 

n/a 

Portugal 

Slovakia 

10 

4 

2 

5 

2 

4 

2 

8 

95 
96 
97 

These statistics are already included in the reply to question 1.1.1.4. 
Including trafficking of labour. 
The figure also includes cases of forced labour. 

EN 

56 

   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 

Belgium  

11 

23 

11 

46 

25 

47 

18 

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 

France98 

n/a 

n/a 

n/a 

Germany 

n/a 

n/a 

n/a 

1 

2 

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 

Poland100 

Portugal 

Slovakia101 

Slovenia 

0 

10 

22 

8 

0 

0 

6 

41 

7 

0 

0 

16 

55 

6 

0 

1 

14 

49 

32 

1 

98 
99 
100 
101 

Legislation establishing trafficking as a criminal offence was passed in 2003.  
Sentence against one person, but involving several cases. 
The figure also includes cases of forced labour. 
The figures include cases of forced labour etc. 

EN 

57 

   EN 

 
                                                 
Spain102 

n/a 

n/a 

n/a 

n/a 

Sweden 

n/a 

1 

7 

UK 

n/a 

n/a 

21 

11 

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 

58 

   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 exploitation 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 

Hungary 

0 

0 

2 

5 

22 

5 

Italy104 

n/a 

60 

201 

214 

Latvia 

0 

0 

Lithuania 

n/a 

n/a 

0 

0 

1 

0 

Luxemburg  n/a 

n/a 

n/a 

n/a 

Netherlands  n/a 

n/a 

n/a 

n/a 

Malta 

0 

0 

Poland 

23 

11 

Portugal105 

n/a 

4 

5 

0 

4 

0 

Slovakia 

Slovenia 

Spain106 

0 

17 

17 

4 

0 

0 

18 

11 

8 

2 

235 

441 

681 

456 

Sweden 

n/a 

n/a 

0 

11 

103 
104 

105 
106 

Statistics on prosecution are only available since 2006.  
The figures are related to the crime of reduction to slavery, slave trade, and trafficking in human beings, 
including for the purpose of sexual and labour exploitation (source: National Antimafia Directorate). 
Data related to investigations for slavery. 
Number of victims. 

EN 

59 

   EN 

 
                                                 
UK 

0 

0 

Norway 

n/a 

n/a 

0 

0 

0 

1 

6. Cases of trafficking for labour 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 

Lithuania 

n/a 

n/a 

0 

0 

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 

Slovakia 

Slovenia 

0 

4 

0 

0 

5 

0 

1 

4 

0 

0 

8 

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 figures indicated in section 1.1 above.  

EN 

60 

   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 

Finland 

n/a 

n/a 

0 

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 

Malta 

0 

0 

0 

0 

Lithuania 

n/a 

n/a 

0 

0 

0 

0 

0 

0 

Luxemburg  n/a 

n/a 

n/a 

n/a 

Netherlands  n/a 

n/a 

n/a 

n/a 

Malta 

Poland 

0 

7 

0 

5 

0 

9 

0 

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 

UK 

0 

0 

0 

0 

0 

0 

0 

0 

108 
109 
110 
111 

Number of convicted persons. 
The figure also includes cases of forced labour. 
Reference is made to the figures indicated in 1.1.2.7 above.  
These numbers are included in the figures indicated in section 1.1 above 

EN 

61 

   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 

France  

0 

0 

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 

Lithuania 

n/a 

n/a 

0 

0 

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 

Norway 

n/a 

n/a 

0 

0 

0 

0 

112 

These numbers are included in the figures indicated in section 1.1 above 

EN 

62 

   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 

Cyprus 

n/a 

n/a 

n/a 

41 F- 45 M 

families 

81 
persons 

and 

41 persons 

86 persons 

Czech Rep 

n/a 

5 persons 

17 persons 

14 persons 

Finland 

France 

n/a 

n/a 

Germany 

n/a 

Hungary 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

9 persons 

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 

Netherlands  n/a 

Poland 

Portugal 

n/a 

n/a 

Romania 

n/a 

Slovakia 

Slovenia 

Spain 

Sweden 

UK115 

Norway  

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

10 persons 

n/a 

175 (150F+25M) 

424 (374F+50M)114 

n/a 

n/a 

26 persons 

16 persons 

40 persons 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

37 in 2007116 

113 
114 

115 

116 

Figures only concern sheltered victims during the reflection period.  
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. 
This information is not held centrally. It is estimated that around 155 victims have benefited from the 
reflection period between March 2003 and December 2006.  
Women admitted into the ROSA project and provided with housing. No figures are available for other 
measures). 

EN 

63 

   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 criminal 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 concerning 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 provides 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 establishes 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 victims 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 

118 

119 
120 
121 

122 

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.  
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.  
For prostitution and begging. 
Not directly. However general clauses apply. In addition the prosecution can terminate the case.  
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 pressure and coercion from 
their traffickers when deciding whether it is in the public interest to prosecute.  
Only governmental fund 

EN 

64 

   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/a123 

Norway: 2 in 2007 

17. Countries in which legislation provides for protection programmes for 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 2006124 

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 National Rapporteur or equivalent mechanism has been established 

123 
124 

A new law providing for compensation was passed in 2007.  
Victims  admitted  yearly  into  the  social  integration  programmes  receive  assistance  and  also  police 
protection.  

EN 

65 

   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 spent for services to victims 

Country 

2001 

2003 

Austria 

Belgium 

Bulgaria 

Cyprus 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

2005 

n/a 

2006 

n/a 

635 381 EUR 

635 381 EUR125 

n/a 

n/a 

n/a 

n/a 

Czech Rep 

n/a 

UN FUNDS 

124 000 EUR 

72 000 EUR 

Finland 

France  

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

100 000 EUR 

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 

Netherlands  n/a 

Poland 

n/a 

Portugal128 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

400 000 PLN 

Slovakia 

n/a 

n/a 

n/a 

n/a 

125 
126 
127 
128 

Amount of the funding for the three centres providing services to victims.  
The figures only concern funding at federal level; this funding is complemented by the Länder. 
Under Article 18 D.L. 286/98 
Between 2004 and 2007 the CAIM Project (from Equal Initiative) spent one million EUR for services 
and other actions against trafficking.  

EN 

66 

   EN 

 
 
 
 
 
                                                 
n/a 

n/a 

n/a 

Slovenia 

Spain129 

Sweden 

UK130 

n/a 

n/a 

n/a 

60 000 EUR 

40 740 EUR 

147 991 EUR 

1 337 759 EUR 

n/a 

n/a 

Norway 

n/a 

n/a 

n/a 

n/a 

23. Amount of public funds spent for other actions against trafficking in 

Country 

2001  2003 

2005 

2006 

Austria 

n/a 

n/a 

Belgium  

n/a 

n/a 

Bulgaria 

n/a 

n/a 

Cyprus 

n/a 

n/a 

Czech Rep 

n/a 

0 

Finland 

n/a 

n/a 

France 

n/a 

n/a 

Germany131  n/a 

n/a 

Hungary 

n/a 

n/a 

Italy 

0 

0 

n/a 

n/a 

n/a 

n/a 

0 

n/a 

n/a 

n/a 

n/a 

0 

n/a 

n/a 

n/a 

10 000 CYP 

30 000 EUR 

n/a 

n/a 

n/a 

n/a 

2 500 000 EUR132 

Lithuania 

n/a 

347 000 EUR  20 000 EUR 

406 000 EUR 

Luxemburg  n/a 

n/a 

Netherlands  n/a 

n/a 

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 
130 

131 
132 
133 

These numbers are included in the figures indicated in section 1.1 above 
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.  
This is Länder competency. 
Under Article 13 Law 228/2003 
It is likely that additional funding is provided by other government agencies. 

EN 

67 

   EN 

 
 
 
 
 
                                                 
Spain134 

n/a 

n/a 

Sweden 

n/a 

n/a 

n/a 

n/a 

n/a 

n/a 

UK135 

Norway  

n/a 

n/a 

n/a 

n/a 

134 
135 

These numbers are included in the figures indicated in section 1.1 above 
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 

68 

   EN 

 
 
 
 
 
                                                 
24. Number of victims to be assisted in the short/mid term136 

Country 

Population 

number of 
victims 
assisted / 
population 
(100.000 inh) 

Number of 
victims 
assisted 

Short-term 
objective: 
number of 
victims 
assisted / 
population  
3,595 vict / 
100.000 inh 

Mid-term 
objective: 
number of 
victims 
assisted / 
population  
7,189 vict / 
100.000 inh 

EU 27 
BE 
BU 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
CY 
LV 
LT 
LU 
HU 
MT 
NL 
AT 
PL 
PT 
RO 
SI 
SK 
FI 
SE 
UK 

497.481.657 
10.666.866 
7.640.238 
10.381.130 
5.475.791 
82.221.808 
1.340.935 
11.214.992 
45.283.259 
63.753.140 
4.419.859 
59.618.114 
794.580 
2.270.894 
3.366.357 
483.799 
10.045.000 
410.584 
16.404.282 
8.331.930 
38.115.641 
10.617.575 
21.528.627 
2.025.866 
5.400.998 
5.300.484 
9.182.927 
61.185.981 

121

14

1,134

0,135

2.143

3,595

96

2,852

40

9

1,974

0,170

17.882 
383 
275 
373 
197 
2.955 
48 
403 
1.628 
2.292 
159 
2.143 
29 
82 
121 
17 
361 
15 
590 
299 
1.370 
382 
774 
73 
194 
191 
330 
2.199 

35.764
767
549
746
394
5.911
96
806
3.255
4.583
318
4.286
57
163
242
35
722
30
1.179
599
2.740
763
1.548
146
388
381
660
4.399

136 

The  short-term  objectives  of  victims'  assistance  have  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 

69 

   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 
BE 
BU 
CZ 
DK 
DE 
EE 
GR 
ES 
FR 
IE 
IT 
CY 
LV 
LT 
LU 
HU 
MT 
NL 
AT 
PL 
PT 
RO 
SI 
SK 
FI 
SE 
UK 

137 

635.381 € 

5.251 € 

100  5.251 €

4.179 €

4.179 € 

1.602.348 € 

3.204.697 €

72.000 € 

5.143 € 

81,2  6.334 €

4.179 €

3.393 € 

1.266.254 € 

2.532.508 €

69,7 

4.179 €

2.913 € 

799.944 € 

1.599.889 €

4.179 €

79.273.184 €  158.546.368 €

139,4 
99,3 
83,6 
95,3 
100,4 
117,4 
121,8 

4.179 €
4.179 €
4.179 €
4.179 €
4.179 €
4.179 €
4.179 €

5.826 € 
4.150 € 
3.494 € 
3.983 € 
4.196 € 
4.906 € 
5.090 € 

1.146.647 € 
12.264.684 € 
168.397 € 
1.605.506 € 
6.829.541 € 
11.243.196 € 
808.678 € 

2.293.294 €
24.529.369 €
336.794 €
3.211.012 €
13.659.081 €
22.486.392 €
1.617.357 €

6.500.000 € 

3.033 € 

110,6  2.742 €
89,9 
83,6 

4.179 €

4.622 € 

9.904.977 € 

19.809.954 €

4.179 €
4.179 €

3.757 € 
3.494 € 

107.304 € 
285.183 € 

214.609 €
570.365 €

12.000 € 

125 € 

77,4 

161 €

4.179 €

3.235 € 

391.400 € 

782.801 €

100 
89,8 
84,8 
111,5 
107,8 
80,7 
92,2 
78,8 

4.179 €
4.179 €
4.179 €
4.179 €
4.179 €
4.179 €
4.179 €
4.179 €

4.179 € 
3.753 € 
3.544 € 
4.660 € 
4.505 € 
3.372 € 
3.853 € 
3.293 € 

72.675 € 
1.355.022 € 
52.302 € 
2.747.592 € 
1.349.225 € 
4.620.584 € 
1.470.538 € 
2.548.371 € 

145.350 €
2.710.044 €
104.604 €
5.495.183 €
2.698.451 €
9.241.168 €
2.941.077 €
5.096.742 €

40.740 € 

1.019 € 

88,3  1.153 €

4.179 €

3.690 € 

268.715 € 

537.430 €

100.000 € 

11.111 € 

81,3 
117,8  9.432 €
117 
143,1 

4.179 €

3.398 € 

659.606 € 

1.319.212 €

4.179 €

4.923 € 

937.953 € 

1.875.905 €

4.179 €
4.179 €

4.889 € 
5.980 € 

1.613.939 € 
13.152.602 € 

3.227.878 €
26.305.203 €

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 that were able to give such figures).  

EN 

70 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
                                                 
ANNEX II 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

Based on Article 10 of the Council Framework 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 legislation criminalise trafficking for sexual and labour exploitation. 
Particularly  severe  penalties  are  provided  for,  concerning  aggravating  circumstances. 
However,  the  level  of  penalties  varies  considerably,  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 implementation of the EU Action Plan on best 
practices, standards and procedures for combating and preventing trafficking in human 
beings  

COM(2008)657 final 

Summary 

The past years have witnessed a process of approximation of legislation 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 implementation of comprehensive anti-trafficking 
policy. Figures concerning criminal proceedings are not high enough. Especially in the field 
of  victims'  assistance  and  protection,  a  critical  lack  of  effective  implementation  must  be 
underlined.  

On  the  other  hand,  figures  show  that  in  countries  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' rights 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 effective victims' support mechanisms.  

The  trend  toward  more  law  enforcement  and  judicial  cooperation  is  positive,  although 
substantial  improvement  is  still  needed.  Weak  points  still  remain  victims'  police  protection, 
compensation, and police risk assessment before return.  

Concerning  the  establishment  of  national  machineries,  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 stakeholders have taken action and 
achieved some results. However, some measures have not yet been implemented. Moreover, it 

EN 

71 

   EN 

 
is  difficult  to  assess  the  real  impact  of  actions  that  have  been  implemented  on  the  actual 
development of anti-trafficking policy. Although the Commission and the Council have been 
particularly active in the field of victims' assistance and protection, the factual situation shows 
substantial weaknesses.  

The Commission suggests concentrating efforts in 2009 on a few key actions, with a view to 
set up a new strategy on the basis of the results achieved by the end of 2009:  

EN 

72 

   EN