Proposal for a Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA
Date: 2010-03-29
Institutions: European Commission
Subjects: criminal law, fight against crime, human rights, offence, prostitution, trafficking in human beings

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 29.3.2010 
COM(2010)95 final 

2010/0065 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on preventing and combating trafficking in human beings, and protecting victims, 
repealing Framework Decision 2002/629/JHA 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

Trafficking in human beings is considered one of the most serious crimes worldwide, a gross 
violation of human rights, a modern form of slavery, and an extremely profitable business for 
organised crime. It consists of the recruitment, transfer or receipt of persons, carried out with 
coercive,  deceptive  or  abusive  means,  for  the  purpose  of  exploitation  including  sexual  or 
labour exploitation, forced labour, domestic servitude or other forms of exploitation including 
the removal of organs.  

Therefore the response to trafficking must be robust, and aimed at preventing and prosecuting 
the crime, and protecting its victims.  

1.2. 

General context  

Several EU Member States are major destinations for trafficking in human beings from non-
EU  countries.  In  addition,  there  is  evidence  of  flows  of  trafficking  within  the  EU.  It  is 
reasonable  to  estimate  from  the  available  figures  that  every  year  several  hundred  thousand 
people are trafficked into the EU or within the EU area. 

Social  vulnerability  is  arguably  the  principal  root  cause  of  trafficking  in  human  beings. 
Vulnerability  derives  from  economic  and  social  factors  such  as  poverty,  gender 
discrimination,  armed  conflicts,  domestic  violence,  dysfunctional  families,  and  personal 
circumstances  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 generated is a major underlying driver. The demand 
for sexual services and cheap labour is a concurrent driver.  

1.3. 

Existing provisions in the area of the proposal 

The  UN  Convention  on  the  Rights  of  the  Child,  adopted  in  1989  seeks  to  protect  children 
from  all  forms  of  sexual  exploitation  and  sexual  abuse.  This  obligation  extends  to  sexual 
exploitation and abuse of children connected to 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. The Protocol was the first comprehensive international instrument dealing 
with trafficking in human beings. As of March 2009, the Protocol has been ratified by 24 EU 
Member  States,  and  the  remaining  3  have  signed  it.  The  European  Community  signed  and 
approved the Protocol.  

The Council of Europe Convention on Action against Trafficking in Human Beings provides 
a comprehensive and coherent framework covering prevention, cooperation between different 
actors, protection of and assistance to victims, and an obligation to criminalise trafficking in 
human  beings.  Implementing  such  measures  would  lead  to  significant  improvements.  The 
Convention  has  been  ratified  by  16  EU  Member  States.  Another  10  have  signed  it  and  are 
going through the ratification process.  

EN 

2 

   EN 

 
The Framework Decision (FD) on combating trafficking in human beings was adopted on 19 
July 2002 as a response to a generally perceived need to address the serious criminal offence 
of  trafficking  in  human  beings  at  EU  level.  A  report  on  the  implementation  of  the  FD  was 
adopted by the Commission in May 2006.  

Directive 2004/81/EC provides for assistance and residence status for victims who are third-
country  nationals.  The  Commission  will  report  on  the  implementation  of  Directive 
2004/81/EC in 2010 and will consider appropriate measures to further reinforce the protection 
offered to victims by Member States. 

1.4. 

Consistency with the other policies and objectives of the Union 

The fight against all forms of gender-based violence including trafficking in human beings is 
an integral part of the commitment undertaken by the Commission in the Roadmap on Gender 
equality.1 The fight against child trafficking is also included in the strategy on the rights of the 
child.2  The  objective  of  fighting  trafficking  in  human  beings  and  assisting  victims  is 
consistent  with  the  provisions  contained  in  Council  Framework  Decision  2001/220/JHA  on 
the  standing  of  victims  in  criminal  proceedings,3  and  Council  Directive  2004/81/EC  on 
residence  permit,4  which  deals  with  immigration  issues  and  only  applies  to  third  country 
nationals.  All  the  provisions  included  in  this  Directive  apply  in  so  far  as  the  issue  is  not 
covered  by  the  above  mentioned  Directive.  The  objective  of  fighting  trafficking  in  human 
beings  is  also  consistent  with  Council  Directive  2004/80/EC  relating  to  compensation  for 
crime  victims  which  aims  at  facilitating  access  to  compensation  in  cross-border  situations,5 
and with Council Framework Decision 2008/841/JHA on the fight against organised crime.6 
Trafficking  in  human  beings  is  included  in  the  list  of  crimes  which  give  rise  to  surrender 
pursuant  a  European  arrest  warrant  in  accordance  with  Council  Framework  Decision 
2002/584/JHA  on  the  European  arrest  warrant.7  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.  

Any action of the EU 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). Member States, when implementing Union law, must do so in accordance with these 
rights and principles. 

1 

2 

3 

4 

5 

6 

7 

Communication  from  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.  
Communication from the Commission Towards an EU Strategy on the Rights of the Child - SEC(2006) 
888, SEC(2006) 889, COM(2006) 367. 
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). 
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 competent authorities (OJ L 261, 6.8.2004, p. 85). 
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 
6.8.2004, p. 15). 
Council  Framework  Decision  2008/841/JHA  on  the  fight  against  organised  crime  (OJ  L  300, 
11.11.2008, p. 42). 
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). 

EN 

3 

   EN 

 
                                                 
This proposal was made subject to in-depth scrutiny to make sure that its provisions are in full 
compatibility with fundamental rights and notably human dignity, prohibition of torture and 
inhuman or degrading treatment or punishment, prohibition of slavery and forced labour, the 
rights  of  the  child,  right  to  liberty  and  security,  freedom  of  expression  and  information, 
protection  of  personal  data,  the  right  to  an  effective  remedy  and  to  a  fair  trial  and  the 
principles of legality and proportionality of criminal offences and penalties. 

Particular  attention  was  paid  to  Article  5(3)  of  the  EU  Charter  which  explicitly  prohibits 
trafficking  in  human  beings.  In  addition,  Article  24  of  the  EU  Charter  was  of  importance, 
since  many  of  the  victims  of  trafficking  in  human  beings  are  children.  Provisions  on 
protection and assistance to victims have a positive impact on fundamental rights. The right to 
be  protected  from  slavery,  forced  labour  and  servitude  has  been  acknowledged  by  the 
European Court of Human Rights. The right of the victim to accurate, impartial, effective, and 
quick  investigation  is  also  relevant  here;  it  would  be  made  effective  by  an  increased 
recognition of the role of the victim in criminal proceedings.  

A  possible  negative  impact  deriving  from  the  increased  role  of  the  victim  in  criminal 
proceedings  could  accrue,  if  this  strengthened  role  were  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. 
Therefore full compatibility with defence rights has been ensured by a careful drafting of the 
legislative text, which is the basis for appropriate implementation by Member States. 

Where necessary, appropriate use may be made of funding possibilities available at the level 
of the European Union to support Member States' efforts to comply with the requirements of 
this directive.   

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation of interested parties 

2.1.1.  Consultation methods, main sectors targeted and general profile of consulted parties 

Following  the  Council's  request  to  evaluate  the  implementation  of  the  EU  Plan8,  the 
Commission sent a questionnaire to the Member States (MS) in December 2007. 23 MS, plus 
Norway,  replied.  The  results  fed  into  the  Commission  Working  Document  adopted  on  17 
October 20089.  

Three  consultative  meetings  were  held  with  a  view  to  drafting  the  impact  assessment.  The 
Group of Experts on Trafficking in Human Beings  met  on  2  and  3  October  2008,  and  after 
extensive  discussion  issued  a  written  opinion.  A  consultative  meeting  with  experts  from 
different backgrounds including governments, law enforcement agencies, NGOs, international 
organisations  and  universities  was  held  on  7  October  2008.  The  participants  were 

8 

9 

EU Plan on best practices, standards and procedures for combating and preventing trafficking in human 
beings of the Council (OJ C 311, 9.12.2005, p. 1). 
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. 

EN 

4 

   EN 

 
                                                 
subsequently invited to transmit written comments, and several experts did so. A meeting with 
Member States' representatives was held on 17 October 2008.  

2.1.2. 

Summary of views and how they have been taken into account 

–  In  its  written  opinion,  the  European  Commission's  Group  of  Experts  on  Trafficking  in 
Human  Beings  stated  that  the  guiding  principles  were  the  need  for  an  appropriate  legal 
framework  in  each  country,  the  need  to  make  human  rights  a  paramount  issue,  to  take  a 
holistic, coordinated and integrated approach linking government policies on trafficking in 
human  beings  with  migration  policies,  to  respect  children's  rights,  to  promote  research 
about trafficking in human beings and to monitor the impact of anti-trafficking policies.  

–  Many  stakeholders  agreed  on  the  need  for  specific  provisions  aimed  at  strengthening 
investigation  and  prosecution.  The  crucial  role  of  assistance  measures  was  generally 
emphasised.  

–  The  issue  of  introducing  a  specific  obligation  to  criminalise  clients  who  knowingly  use 
sexual  services  from  a  trafficked  person  was  controversial  among  stakeholders.  Several 
MS pointed out that in any case such a provision should not be binding.  

2.2. 

Collection and use of expertise 

There was no need for external expertise.  

2.3. 

Impact assessment SEC(2009) 358 and Impact assessment summary SEC(2009) 
359 

Various  policy  options  were  examined  in  connection  with  the  previous  Proposal  for  a 
Framework Decision of 25 March 2009 with a view to preventing and combating trafficking 
in human beings more effectively, and better protecting victims. 

•  Policy option (1): No new EU action 

The  EU  would  take  no  action  to  combat  trafficking  in  human  beings,  while  Member  States 
may continue the process of signature and ratification of the 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  in  countries  of  origin,  training,  and  law  enforcement 
cooperation.  

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

monitoring 

A new legislative act would be adopted, incorporating the provision of the existing FD, along 
with certain provisions of the CoE Convention and additional elements. In particular, the new 
FD  would  contain  provisions  in  the  areas  of  substantive  criminal  law,  jurisdiction  and 
prosecution,  victims'  rights  in  criminal  proceedings,  victim  assistance,  special  protective 
measures for children, prevention, and monitoring.  

EN 

5 

   EN 

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

2)  

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

–  Following the analysis of economic impacts, social impacts, and impacts on fundamental 
rights, options 3 and 4 present the best approach to the problem and should fully achieve 
the identified objectives. The preferred option would be option 4.  

–  The Commission carried out an impact assessment to accompany the previous Proposal for 
a  Framework  Decision  of  25  March  2009  on  preventing  and  combating  trafficking  in 
human  beings,  and  protecting  victims,  which  is  valid  mutatis  mutandis  for  the  present 
Proposal for a Directive. As the Proposal for a Directive referred to in this memorandum 
is, to its content, essentially identical to the previous Proposal for a Framework Decision, 
the  existing  impact  assessment  can  this  be  considered  to  remain  valid  also  for  the  new 
proposal. The report on the impact assessment can be accessed at: 

http://ec.europa.eu/governance/impact/ia_carried_out/cia_2009_en.htm#jls. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The  new  Directive,  in  addition  to  provisions  in  the  current  FD,  would  include  the 
following new elements: 

3.1.1. 

Substantive criminal law provisions 

–  Definition; 

–  Aggravating circumstances and penalties;  

–  Non application of penalties to the victim. 

3.1.2. 

Jurisdiction and prosecution 

–  Broader and more binding extraterritorial jurisdiction rule;  

–  Investigative tools.  

3.1.3.  Victim assistance and support 

–  Establishment of mechanisms for early identification and assistance of victims;  

–  Standard  of  assistance  including  access  to  necessary  medical  treatment,  counselling,  and 

psychological assistance; 

–  Special measures for children. 

EN 

6 

   EN 

 
 
 
3.1.4.  Protection of victims in criminal proceedings 

–  Special treatment aimed at preventing secondary victimisation;  

–  Protection on the basis of a risk assessment;  

–  Legal counselling and representation, including for the purpose of claiming compensation.  

3.1.5.  Prevention 

–  Action aimed at discouraging the demand for sexual services and cheap labour; 

–  Training; 

–  Criminalisation of users of services exacted from a person, when the user knows that the 

person has been trafficked. 

3.1.6.  Monitoring 

–  Establishment of National Rapporteurs or equivalent mechanisms.  

3.2. 

Added value of the proposal, compared to the 2005 CoE Convention on action 
against trafficking in human beings 

The proposal builds upon the CoE Convention and adopts the same holistic approach 
including prevention, prosecution, protection of victims, and monitoring. Moreover, 
the proposal shows the following main elements of added value:  

–  Precise level of penalties adapted to the severity of the offences (Article 4). 

–  Broader  and  more  binding  extraterritorial  jurisdiction  rule,  obliging  Member  States  to 
prosecute  nationals  and  habitual  residents  who  have  committed  the  crime  of  trafficking 
outside the territory of the Member State (Article 9).  

–  Broader  scope  of  the  provision  on  non-application  of  penalties  to  victims  for  their 
involvement  in  criminal  activities,  whatever  illicit  means  have  been  used  by  traffickers 
(Article 6). 

–  Higher standard of assistance to victims, especially concerning medical treatment (Article 

10).  

–  Special protective measures for child victims of trafficking in human beings (Articles 12-

14) 

–  In  addition,  the  integration  of  provisions  which  have  similar  content  into  the  EU  acquis 
shows the advantages arising from the stronger constraints imposed by the EU legal order, 
namely immediate entry into force and monitoring of implementation. 

3.3. 

Legal basis 

Article 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union. 

EN 

7 

   EN 

 
4. 

SUBSIDIARITY PRINCIPLE 

The objectives  of  the proposal  cannot be sufficiently  achieved by the  Member  States alone, 
for the following reasons. 

The fight against trafficking in human beings requires coordinated efforts by Member States, 
as  well  as  cooperation  at  an  international  level  in  order  to  achieve  the  aims.  Differences  in 
legal  treatment  in  the  different  Member  States  hinder  coordinated  efforts  and  hamper 
international law enforcement and judicial cooperation.  

Action  by  the  European  Union  will  better  achieve  the  objectives  of  the  proposal  for  the 
following reason. 

The proposal will approximate Member States' substantive criminal law and procedural rules 
more extensively than the current FD. This will have a positive impact on international law 
enforcement and judicial cooperation, and on the protection and assistance given to victims. 
The proposal therefore complies with the subsidiarity principle. 

5. 

PROPORTIONALITY PRINCIPLE 

The proposal complies with the proportionality principle in that it is confined to the minimum 
required in order to achieve the stated objectives at European level and does not go beyond 
what is necessary for that purpose. 

6. 

CHOICE OF INSTRUMENTS 

Proposed instrument: Directive. 

In the fight against trafficking in human beings, the approximation of the criminal laws and 
regulations of the Member States is necessary to improve cooperation in criminal matters. To 
this end, the Treaty specifically envisages the adoption of directives only.   

7. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

8. 

ADDITIONAL INFORMATION 

8.1. 

Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

8.2. 

Territorial scope 

The  proposal  will  be  addressed  to  the  Member  States.  The  application  of  the  resulting 
Directive to the United Kingdom, Ireland and Denmark will be determined in accordance with 
the provisions of Protocols (No 21) and (No 22) annexed to the Treaty on the Functioning of 
the European Union. 

EN 

8 

   EN 

 
2010/0065 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on preventing and combating trafficking in human beings, and protecting victims, 
repealing Framework Decision 2002/629/JHA 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 82(2) and Article 83(1) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Economic and Social Committee10, 

Having regard to the opinion of the Committee of the Regions11, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Trafficking in human beings is a serious crime, often committed in the framework of 
organised  crime,  a  gross  violation  of  fundamental  rights  and  explicitly  prohibited  by 
the Charter of Fundamental Rights of the European Union.  

The European Union is committed to the prevention of and fight against trafficking in 
human  beings,  and  to  the  protection  of  the  rights  of  trafficked  persons.  For  this 
purpose, Council  Framework Decision 2002/629/JHA of 19 July 2002 on combating 
trafficking  in  human  beings,12  and  an  EU  Plan  on  best  practices,  standards  and 
procedures  for  combating  and  preventing  trafficking  in  human  beings  (2005/C 
311/01)13 were adopted. The EU is in parallel to this also pursuing actions in non-EU 
countries  of  origin  and  transfer  of  victims,  aiming  in  particular  at  raising  awareness, 
reducing  vulnerability,  supporting  and  assisting  victims,  fighting  the  root  causes  of 
trafficking and supporting countries to develop appropriate anti-trafficking legislation. 
Moreover, the coordination of prosecution of cases of trafficking in human beings will 
be  facilitated  by  the  adoption  of  Council  Framework  Decision  2009/948/JHA  on 
prevention and settlement of conflict of jurisdiction in criminal proceedings14. 

10 
11 
12 
13 
14  

OJ C , , p. . 
OJ C , , p. . 
OJ L 203, 1.8.2002, p. 1. 
OJ C 311, 9.12.2005, p. 1. 
OJ L 328, 15.12.2009, p. 42. 

EN 

9 

   EN 

 
                                                 
(3) 

(4) 

(5) 

(6) 

This  Directive  adopts  an  integrated  and  holistic  approach  to  the  fight  against 
trafficking in human beings. More rigorous prevention, prosecution and protection of 
victims'  rights,  are  major  objectives  of  this  Directive.  Children  are  more  vulnerable 
and  therefore  at  greater  risk  of  falling  victim  to  trafficking  in  human  beings.  In  the 
application  of  the  provisions  of  this  Directive  the  child's  best  interests  must  be  a 
primary  consideration,  in  accordance  with  the  Charter  of  Fundamental  Rights  of  the 
European Union and United Nations Convention on the Rights of the Child.15 

The  2000  United  Nations  Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in 
Persons,  especially  Women  and  Children  supplementing  the  United  Nations 
Convention against Transnational Organized Crime16 and the 2005 Council of Europe 
Convention on Action against Trafficking in Human Beings17 are crucial steps in the 
process of enhancing international cooperation against trafficking in human beings. 

In  order  to  tackle  recent  developments  in  the  phenomenon  of  trafficking  in  human 
beings,  this  Directive  adopts  a  broader  concept  of  what  should  be  considered 
trafficking  in  human  beings  than  under  Framework  Decision  2002/629/JHA  and 
therefore  includes  additional  forms  of  exploitation.  Within  the  context  of  this 
Directive, forced begging should be understood as a form of forced labour or service 
as defined in the ILO Convention No. 29 concerning Forced or Compulsory Labour of 
29  June  1930.  Therefore,  exploitation  of  begging  falls  within  the  scope  of  the 
definition of trafficking in human beings only when all the elements of forced labour 
or  services  occur.  In  the  light  of  the  relevant  case-law,  the  validity  of  the  eventual 
consent to perform such a service should be evaluated case by case. However, when a 
child  is  concerned,  the  eventual  consent  should  never  be  considered  valid.  The  term 
“exploitation of criminal activities” should be understood as exploitation of a person to 
commit,  inter  alia,  pick-pocketing,  shop-lifting  and  other  similar  activities  which  are 
subject to penalties and imply financial gain. The definition also covers trafficking in 
human  beings  for  the  purpose  of  the  removal  of  organs,  which  can  be  linked  with 
organ  trafficking  and  constitutes  a  serious  violation  of  human  dignity  and  physical 
integrity. 

The  levels  of  penalties  in  this  Directive  reflect  the  growing  concern  among  Member 
States  about  increased  trafficking  in  human  beings.  Considering  the  gravity  of  the 
crime,  this  Directive  aims  to  ensure  further  harmonisation  and  a  higher  level  of 
penalties  in  the  EU.  When  the  offence  is  committed  in  certain  circumstances,  for 
example against a particularly vulnerable victim, the penalty should be more severe. In 
the context of this Directive, particularly vulnerable persons should include at least all 
children, and adults who were particularly vulnerable on grounds of pregnancy, health 
conditions or disability at the time when the crime was committed. When the offence 
is particularly grave, for example when the life of the victim has been endangered or 
the  offence  has  involved  serious  violence  or  has  caused  particularly  serious  harm  to 
the victim, this should be reflected in a particularly severe penalty. When, under this 

15 

16 

17 

United  Nations  Convention on  the  Rights of  the  Child,  adopted  and opened  for signature, ratification 
and accession by General Assembly Resolution 44/25 of 20 November 1989. 
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and 
Children,  supplementing  the  United  Nations  Convention  against  Transnational  Organized  Crime, 
Palermo, 2000. 
Council  of  Europe  Convention  on  Action  against  Trafficking  in  Human  Beings,  Warsaw,  16.5.2005, 
Council of Europe Treaty Series N. 197. 

EN 

10 

   EN 

 
                                                 
(7) 

(8) 

(9) 

Directive,  a  reference  is  made  to  surrender,  such  reference  should  be  interpreted  in 
accordance with Council Framework Decision 2002/584/JHA of 13 June 2002 on the 
European arrest warrant and the surrender procedures between Member States18.  

Victims of trafficking in human beings should, in accordance with the basic principles 
of the legal systems of the relevant Member States, be protected from prosecution or 
punishment  for  criminal  activities  such  as  the  use  of  false  documents,  or  offences 
under  legislation  on  prostitution  or  immigration,  that  they  have  been  compelled  to 
commit  as  a  direct  consequence  of  being  subject  to  trafficking.  The  aim  of  such 
protection  is  to  safeguard  the  human  rights  of  victims,  to  avoid  further  victimisation 
and  to  encourage  them  to  act  as  witnesses  in  criminal  proceedings  against  the 
perpetrators. This safeguard does not exclude prosecution or punishment for offences 
that a person has wilfully committed or participated in.  

To  ensure  that  investigations  and  prosecutions  of  human  trafficking  offences  were 
successful, their initiation should not depend on reporting or accusation by the victim. 
Prosecution  should  be  allowed  for  a  sufficient  period  of  time  after  the  victim  has 
reached  the  age  of  majority.  Law  enforcement  officials  and  prosecutors  should  be 
adequately  trained,  also  with  a  view  to  enhancing  international  law  enforcement  and 
judicial  cooperation.  Those  responsible  for  investigating  and  prosecuting  such 
offences should also have access to the investigative tools used in organised crime or 
other serious crime cases such as interception of communications, covert surveillance 
including  electronic  surveillance,  monitoring  of  bank  accounts  and  other  financial 
investigations.  

In order to ensure effective prosecution of international criminal groups whose centre 
of their activity is in a Member State and which carry out trafficking in human beings 
in third countries, jurisdiction should be established over the offence of trafficking in 
human  beings  where  the  offender  is  a  national  or  an  habitual  resident  of  a  Member 
State,  and  the  offence  is  committed  outside  the  territory  of  that  Member  State. 
Similarly, jurisdiction should also be established where the victim is a national or an 
habitual resident of a Member State, or the offence is committed for the benefit of a 
legal  person  established  in  the  territory  of  a  Member  State,  and  the  offence  is 
committed outside the territory of that State.  

(10)  While 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 cooperation with the 
competent  authorities19  provides  for  the  issue  of  a  resident  permit  to  victims  of 
trafficking 
third-country  nationals,  and  Directive 
2004/38/EC  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the 
rights of the citizens of the Union and their family members to move and reside freely 
within the territory of the Member Sates20 regulates the exercise of the right to move 
and reside freely in the territory of Member States by citizens of the Union and their 
families,  including  protection  from  expulsion,  this  Directive  establishes  specific 
protective measures for any victim of trafficking in human beings. Consequently, this 

in  human  beings  who  are 

18 
19 
20 

OJ L 190, 18.7.2002, p. 1. 
OJ L 261, 6.8.2004, p. 19. 
OJ L 158, 30.4.2004, p. 77. 

EN 

11 

   EN 

 
                                                 
Directive  does  not  deal  with  the  conditions  of  their  residence  in  the  territory  of 
Member States.  

(11)  Victims  of  trafficking  in  human  beings  need  to  be  able  to  exercise  their  rights 
effectively.  Therefore  assistance  and  support  should  be  available  to  victims  before, 
during  and  for  an  appropriate  time  after  criminal  proceedings.  In  order  for  the 
assistance and support to be effective, it is necessary that it is provided on an informed 
an  consensual  basis,  guaranteeing  that  the  victim  agrees  to  for  example  actions  to 
detect  illnesses  or  other  essential  support  measures.  The  assistance  and  support 
provided  should  include  at  least  a  minimum  set  of  measures  that  are  necessary  to 
enable  the  victim  to  recover  and  escape  from  their  traffickers.  The  practical 
implementation  of  such  measures  should,  on  the  basis  of  an  individual  assessment 
carried  out  in  accordance  with  national  procedures,  take  into  account  the  conditions 
and needs of the person concerned. A person should be provided with assistance and 
support as soon as there is an indication that he or she might have been trafficked and 
irrespective of his/her willingness to act as a witness. Assistance should be provided 
unconditionally at least until the competent authorities have taken a final decision with 
regard to the reflection period and the residence permit, or otherwise acknowledge that 
the  person  is  a  victim  of  trafficking  in  human  beings.  If,  after  the  completion  of  the 
identification  process  or  expiry  of  the  reflection  period,  the  person  is  not  considered 
eligible  for  a  residence  permit  or  does  not  otherwise  have  lawful  residence  in  the 
country, the Member State concerned is not obliged to continue providing assistance 
and support to that person on the basis of this Directive. Where necessary, assistance 
and support should continue for an appropriate period after the criminal proceedings, 
for  example  if  medical  treatment  is  ongoing  due  to  severe  physical  or  psychological 
consequences of the crime, or if the victim's safety is at risk due to his/her statements 
in criminal proceedings. 

(12)  The Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of 
victims  in  criminal  proceedings21  establishes  a  set  of  victims'  rights  in  criminal 
proceedings, including the right to protection and compensation. In addition victims of 
trafficking  in  human  beings  should  be  given  access  to  legal  counselling  and  to  legal 
representation,  including  for  the  purpose  of  claiming  compensation.  The  purpose  of 
legal  counselling  is  to  enable  victims  to  be  informed  and  receive  advice  about  the 
various  possibilities  open  to  them.  Legal  counselling  and  legal  representation  should 
be provided free of charge at least when the victim does not have sufficient financial 
resources  in  a  manner  consistent  with  the  internal  procedures  of  Member  States.  As 
child  victims  in  particular  are  unlikely  to  have  such  resources,  legal  counselling  and 
legal representation would in practice be free of charge to them. Furthermore, on the 
basis  of  an  individual  risk  assessment  carried  out  in  accordance  with  national 
procedures, victims should be protected from retaliation, from intimidation, and from 
the risk of being re-trafficked. 

(13)  Victims  of  trafficking  who  have  already  suffered  the  abuse  and  degrading  treatment 
trafficking commonly entails, such as sexual exploitation, rape, slavery-like practices 
and  the  removal  of  organs,  should  be  protected  from  secondary  victimisation  and 
further  trauma  during  the  criminal  proceedings.  To  this  end  victims  of  trafficking 
should  during  criminal  investigations  and  proceedings  receive  treatment  that  is 

21 

OJ L 82, 22.3.2001, p. 1. 

EN 

12 

   EN 

 
                                                 
(14) 

appropriate to their individual needs. The individual needs assessment should take into 
consideration  circumstances  such  as  age,  pregnancy,  health,  disability  and  other 
personal  conditions,  as  well  as  the  physical  and  psychological  consequences  of  the 
criminal  activity  to  which  the  victim  has  been  subjected.  Whether  and  how  the 
treatment is applied is to be decided in accordance with grounds defined by national 
legislation, rules of judicial discretion, practice and guidance, on a case by case basis. 

In  addition  to  measures  available  to  all  victims  of  trafficking  in  human  beings, 
Member States should ensure that specific assistance, support and protective measures 
are available to child victims. These measures should be provided in the best interests 
of  the  child  and  in  accordance  with  the  UN  Convention  on  the  Rights  of  the  Child. 
Where the age of a person subject to trafficking is uncertain, and there are reasons to 
believe  he/she  is  below  the  age  of  18  years,  that  person  should  be  presumed  to  be  a 
child and receive immediate assistance, support and protection. Assistance and support 
measures for child victims should focus on their physical and psycho-social recovery 
and  on  a  durable  solution  for  the  person  in  question.  As  the  child  victim  should  be 
reintegrated into society as  soon as possible, this will by necessity include a right to 
access to education. Given that child victims of trafficking are particularly vulnerable, 
additional  protective  measures  should  be  available  to  protect  them  during  interviews 
forming part of criminal investigations and proceedings.  

(15)  Member  States  should  establish  and/or  strengthen  policies  to  prevent  trafficking  in 
human beings  including measures to discourage  the  demand  that  fosters  all  forms  of 
exploitation, and measures to reduce the risk of people falling victims to trafficking in 
human beings, by means of research, information, awareness raising, and education. In 
such  initiatives  Member  States  should  adopt  a  gender  perspective  and  a  child  rights 
approach. Any officials likely to come into contact with victims or potential victims of 
trafficking  in  human  beings  should  be  adequately  trained  to  identify  and  deal  with 
such victims. This training obligation would in particular cover police officers, border 
guards,  labour  inspectors,  health  care  personnel  and  consular  staff,  but  could 
depending on local circumstances also involve other groups of public officials that are 
likely to encounter trafficking victims in their work.  

(16)  Directive 2009/52/EC of 18 June 2009 providing for minimum standards of sanctions 
and measures against employers of illegally staying third-country nationals22 provides 
for penalties for employers of illegally staying third-country nationals who, while not 
having  been  charged  with  or  convicted  of  trafficking  in  human  beings,  use  work  or 
services  exacted  from  a  person  with  the  knowledge  that  he/she  is  a  victim  of  such 
trafficking.  In  addition  to  that,  Member  States  should  take  into  consideration  the 
possibility  of  imposing  sanctions  on  the  users  of  any  service  exacted  from  a  victim, 
with the knowledge that he/she has been trafficked. This further criminalisation could 
include employers of legally staying third-country nationals and EU nationals, as well 
as  buyers  of  sexual  services  from  any  trafficked  person,  irrespective  of  their 
nationality. 

(17)  National monitoring systems such as National Rapporteurs or equivalent mechanisms 
should  be  established  by  Member  States,  in  the  way  they  consider  appropriate 
according  to  their  internal  organisation,  and  taking  into  account  the  need  for  a 

22 

OJ L 126, 30.6.2009, p. 24. 

EN 

13 

   EN 

 
                                                 
minimum structure with identified tasks, in order to carry out assessments of trends in 
trafficking in human beings trends, measure the results of anti-trafficking actions, and 
regularly report to the relevant national authorities.  

(18)  Since  the  objective  of  this  Directive,  namely  to  fight  against  trafficking  in  human 
beings, cannot be sufficiently achieved by the Member States alone and can therefore, 
by reasons of the scale and effects be better achieved at European Union level, the EU 
may adopt measures in accordance with the principle of subsidiarity as referred to in 
Article  3  and  Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the 
principle of proportionality, as set out in the latter Article, this Directive does not go 
beyond what is necessary to achieve that objective.  

(19)  This  Directive  respects  fundamental  rights  and  observes  the  principles  recognised  in 
particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union  and  notably 
human dignity, prohibition of slavery, forced labour and trafficking in human beings, 
prohibition of torture and inhuman or degrading treatment or punishment, the rights of 
the  child,  the  right  to  liberty  and  security,  freedom  of  expression  and  information, 
protection of personal data, the right to an effective remedy and to a fair trial and the 
principles  of  legality  and  proportionality  of  criminal  offences  and  penalties.  In 
particular, this Directive seeks to ensure full respect for these rights and principles and 
has to be implemented accordingly. 

(20) 

[In  accordance  with  Articles  1,  2,  3  and  4  of  Protocol  (No  21)  on  the  position  of 
United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice, 
annexed to the Treaty on the Functioning of the European Union, the United Kingdom 
and  Ireland  have  notified  their  wish  to  participate  in  the  adoption  and  application  of 
this Directive] OR [Without prejudice to Article 4 of Protocol (No 21) on the position 
of the United Kingdom and Ireland in respect of the area of freedom, security, annexed 
to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  justice,  the  United 
Kingdom and Ireland will not participate in the adoption of this Directive and will not 
be bound by or be subject to its application]. In accordance with Articles 1 and 2 of 
Protocol (No 22) on the position of Denmark annexed to the Treaty on the Functioning 
of  the  European  Union,  Denmark  is  not  taking  part  in  the  adoption  of  this  Directive 
and is therefore not bound by it or subject to its application 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Subject matter  

This Directive aims to establish minimum rules concerning the definition of criminal offences 
and  sanctions  in  the  area  of  trafficking  in  human  beings.  It  also  aims  to  introduce  common 
provisions to strengthen the prevention of the crime and the protection of its victims.  

Article 2 
Offences concerning trafficking in human beings 

1. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  the  following 
intentional acts are punishable: 

EN 

14 

   EN 

 
The recruitment, transportation, transfer, harbouring or receipt of persons, including 
exchange  or  transfer  of  control  over  that  person,  by  means  of  the  threat  or  use  of 
force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of 
power or of a position of vulnerability or of the giving or receiving of payments or 
benefits  to  achieve  the  consent  of  a  person  having  control  over  another  person,  for 
the purpose of exploitation. 

A  position  of  vulnerability  occurs  when  the  person  has  no  real  or  acceptable 
alternative but to submit to the abuse involved. 

Exploitation  shall  include,  as  a  minimum,  the  exploitation  of  the  prostitution  of 
others  or  other  forms  of  sexual  exploitation,  forced  labour  or  services,  including 
begging,  slavery  or  practices  similar  to  slavery,  servitude,  or  the  exploitation  of 
criminal activities, or the removal of organs.  

The consent of a victim of trafficking in human beings to the exploitation, intended 
or actual, shall be irrelevant where any of the means set forth in paragraph 1 has been 
used.  

When the conduct referred to in paragraph 1 involves a child, it shall be a punishable 
trafficking in human beings offence even if none of the means set forth in paragraph 
1 has been used  

For  the purpose of  this Directive, "child" shall mean any person below 18 years of 
age.  

2. 

3. 

4. 

5. 

6. 

Article 3  
Instigation, aiding, abetting and attempt 

Member  States  shall  take  the  necessary  measures  to  ensure  that  the  instigation  of,  aiding, 
abetting or attempt to commit an offence referred to in Article 2 is punishable.  

Article 4 
Penalties  

1. 

2. 

Member States shall take the necessary measures to ensure that an offence referred to 
in  Article  2  is  punishable  by  penalties  of  a  maximum  of  at  least  five  years  of 
imprisonment.  

Member States shall take the necessary measures to ensure that an offence referred to 
in  Article  2  is  punishable  by  penalties  of  a  maximum  of  at  least  ten  years  of 
imprisonment where it has been committed in any of the following circumstances:  

(a) 

(b) 

the offence was committed by a public official in relation to the performance of 
her or his duties; 

the  offence  was  committed  against  a  victim  who  was  particularly  vulnerable, 
which, in the context of this Directive, shall include at least child victims, and 
adults  who  were  particularly  vulnerable  on  grounds  of  pregnancy,  health 
conditions or disability;  

EN 

15 

   EN 

 
(c) 

(d) 

(e) 

the  offence  was  committed  within  the  framework  of  a  criminal  organisation 
within the meaning of Framework Decision 2008/841/JHA.23 

the offence has deliberately or by gross negligence endangered the life of the 
victim;  

the  offence  was  committed  by  use  of  serious  violence  or  has  caused 
particularly serious harm to the victim. 

Member States shall take the necessary measures to ensure that an offence referred to 
in Article 3 is punishable by effective, proportionate and dissuasive penalties, which 
may entail surrender.  

Article 5 
Liability of legal persons 

Member States shall take the necessary measures to ensure that legal persons can be 
held liable for an offence referred to in Articles 2 and 3 committed for their benefit 
by any person, acting either individually or as part of an organ of the legal person, 
who has a leading position within the legal person, based on 

(a) 

a power of representation of the legal person, or 

(b) 

an authority to take decisions on behalf of the legal person, or 

(c) 

an authority to exercise control within the legal person. 

Member States shall also ensure that a legal person can be held liable where the lack 
of supervision or control, by a person referred to in paragraph 1, has made possible 
the commission of the criminal offences referred to in Articles 2 and 3 for the benefit 
of that legal person by a person under its authority. 

Liability  of  a  legal  person  under  paragraphs  1  and  2  shall  not  exclude  criminal 
proceedings  against  natural  persons  who  are  perpetrators,  inciters  or  accessories  in 
the offences referred to in Articles 2 and 3. 

For  the  purpose  of  this  Directive  'legal  person'  shall  mean  any  entity  having  legal 
personality  under  the  applicable  law,  except  for  States  or  public  bodies  in  the 
exercise of State authority and for public international organisations.  

Article 6 
Sanctions on legal persons 

Member States shall take the necessary measures to ensure that a legal person held 
liable pursuant to Article 5(1) and (2) is punishable by effective, proportionate and 
dissuasive  sanctions,  which  shall  include  criminal  or  non-criminal  fines  and  may 
include other sanctions, such as:  

(a) exclusion from entitlement to public benefits or aid;  

3. 

1. 

2. 

3. 

4. 

1. 

23 

OJ L 300, 11.11.2008, p. 42. 

EN 

16 

   EN 

 
                                                 
(b)  temporary  or  permanent  disqualification  from  the  practice  of  commercial 

activities; 

(c) placing under judicial supervision;  

(d) judicial winding-up; 

(e)  temporary  or  permanent  closure  of  establishments  which  have  been  used  for 

committing the offence.  

Article 7 
Non-prosecution or non-application of penalties to the victim 

Member States shall, in accordance with the basic principles of its legal system, provide for 
the  possibility  of  not  prosecuting  or  imposing  penalties  on  victims  of  trafficking  in  human 
beings for their involvement in criminal activities they have been compelled to commit as a 
direct consequence of being subjected to any of the acts referred to in Article 2. 

Article 8 
Investigation and prosecution 

1. 

2. 

3. 

4. 

Member States shall ensure that investigation into or prosecution of offences referred 
to in Articles 2 and 3 is not dependent on reporting or accusation by a victim and that 
criminal  proceedings  may  continue  even  if  the  victim  has  withdrawn  his  or  her 
statement.  

Member  States  shall  take  the  necessary  measures  to  enable  the  prosecution  of  an 
offence referred to in Articles 2 and 3 for a sufficient period of time after the victim 
has reached the age of majority. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  persons,  units  or 
services responsible for investigating or prosecuting offences referred to in Articles 2 
and 3 are trained accordingly.  

Member  States  shall  take  the  necessary  measures  to  ensure  that  effective 
investigative tools, such as those which are used in organised crime or other serious 
crime cases are available to persons, units or services responsible for investigating or 
prosecuting offences referred to in Articles 2 and 3.  

Article 9 
Jurisdiction 

1. 

Member States shall take the necessary measures to establish its jurisdiction over an 
offence referred to in Articles 2 and 3 where:  

(a) 

the offence is committed in whole or in part within its territory; or  

(b) 

the  offender  is  one  of  its  nationals  or  has  his  or  her  habitual  residence  in  its 
territory; or  

EN 

17 

   EN 

 
(c) 

(d) 

the offence is committed against one of its nationals or a person who has his or 
her habitual residence in its territory; or 

the  offence  is  committed  for  the  benefit  of  a  legal  person  established  in  the 
territory of that Member State. 

A Member State may decide that it will not apply or that it will apply only in specific 
cases  or  circumstances, the  jurisdiction rules set out in paragraphs 1(c) and 1(d) as 
far as the offence is committed outside its territory.  

For the prosecution of an offence referred to in Articles 2 and 3 committed outside 
the  territory  of  the  Member  State  concerned,  as  regards  paragraph  1(b),  Member 
States  shall  take  the  necessary  measures  to  ensure  that  the  establishment  of  its 
jurisdiction is not subordinated to the condition:  

(a) 

that the acts are a criminal offence at the place where they were performed or  

(b) 

that the prosecution can be initiated only following a report made by the victim 
in the place where the offence was committed, or a denunciation from the State 
of the place where the offence was committed.  

Member States shall inform the Commission accordingly where they decide to apply 
paragraph  2,  where  appropriate  with  an  indication  of  the  specific  cases  or 
circumstances in which the decision applies.  

Article 10  
Assistance and support for victims of trafficking in human beings 

Member  States  shall  take  the  necessary  measures  to  ensure  that  assistance  and 
support  are  provided  to  victims  before,  during  and  for  an  appropriate  time  after 
criminal  proceedings  in  order  to  enable  them  to  exercise  the  rights  set  forth  in 
Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in 
criminal proceedings, and in this Directive.  

Member States shall take the necessary measures to ensure that a person is provided 
with assistance and support as soon as the competent authorities have an indication 
that the person might have been subjected to an offence referred to in Articles 2 and 
3.  

Member  States  shall  take  the  necessary  measures  to  ensure  that  assistance  and 
support for a victim are not made conditional on the victim's willingness to act as a 
witness.  

Member  States  shall 
to  establish  appropriate 
mechanisms  aimed  at  early  identification,  assistance  and  support  for  victims,  in 
cooperation with relevant support organisations.  

the  necessary  measures 

take 

Assistance  and  support  measures  referred  to  in  paragraph  2  shall  be  provided  on  a 
consensual and informed basis, and shall include at least standard of living capable 
of  ensuring  victims'  subsistence  through  measures  such  as  appropriate  and  safe 
accommodation  and  material  assistance  as  well  as  necessary  medical  treatment 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

EN 

18 

   EN 

 
1. 

2. 

3. 

4. 

5. 

including  psychological  assistance,  counselling  and  information  in  a  language  they 
can understand, translation and interpretation services where appropriate, and access 
to education for children. Member States shall attend to victims with special needs. 

Article 11 
Protection of victims of trafficking in human beings in criminal investigation and 
proceedings  

The protection measures referred to in this Article shall apply in addition to the rights 
set forth in Framework Decision 2001/220/JHA.  

Member States shall ensure that victims of trafficking in human beings have access 
to  free  legal  counselling  and  to  legal  representation,  including  for  the  purpose  of 
claiming compensation. Legal representation shall be free of charge when the victim 
does not have sufficient financial resources. This paragraph will be without prejudice 
to the application of Article 14(2) when the victim is a child.  

Without  prejudice  to  the  right  of  the  defence,  Member  States  shall  allow,  if  in 
accordance with the basic principles of its legal system and where appropriate, that 
the  identity  of  a  victim  of  trafficking  in  human  beings  acting  as  a  witness  is  not 
disclosed. 

Member  States  shall  ensure  that  victims  of  trafficking  in  human  beings  receive 
appropriate  protection  on  the  basis  of  an  individual  risk  assessment,  inter  alia  by 
having  access  to  witness  protection  programmes  or  other  similar  measures,  if 
appropriate  and  in  accordance  with  the  grounds  defined  by  national  legislation  or 
procedures. 

Without  prejudice  to  the  rights  of  the  defence,  and  according  to  an  individual 
assessment by the competent authorities of the personal circumstances of the victim, 
Member  States  shall  ensure  that  victims  of  trafficking  in  human  beings  receive 
specific treatment aimed at preventing secondary victimisation by avoiding, as far as 
possible and in accordance with the grounds defined by national legislation as well as 
with rules of judicial discretion, practice or guidance:  

(a) 

unnecessary repetition of interviews during investigation, prosecution and trial; 

(b)  visual  contact  between  victims  and  offenders  including  during  the  giving  of 
evidence  such  as  interviews  and  cross-examination,  by  appropriate  means 
including the use of appropriate communication technologies; 

(c) 

the giving of evidence in open court; 

(d)  unnecessary questioning concerning private life.  

EN 

19 

   EN 

 
Article 12 
General provision on assistance, support and protection measures for child victims of 
trafficking in human beings  

1. 

2. 

1. 

2. 

Child  victims  of  trafficking  in  human  beings  shall  be  provided  with  assistance, 
support and protection, taking into account the best interests of the child. 

Member States shall ensure that, where the age of a person subject to trafficking in 
human beings is uncertain and there are reasons to believe that the person is a child, 
the  person  is  presumed  to  be  a  child  in  order  to  receive  immediate  access  to 
assistance, support and protection in accordance with Articles 13 and 14. 

Article 13 
Assistance and support to child victims of trafficking in human beings 

Member States shall take the necessary measures to ensure that the specific actions to 
assist and support child victims of trafficking in human beings, in the short and long 
term,  in  their  physical  and  psycho-social  recovery,  are  undertaken  following  an 
individual  assessment  of  the  special  circumstances  of  each  particular  child  victim, 
taking due account of the child’s views, needs and concerns. 

Member  States  shall  take  measures,  where  appropriate  and  possible,  to  provide 
assistance  and  support  to  the  family  of  the  child  victim  of  trafficking  in  human 
beings when the family is in the territory of the Member State. In particular, Member 
States shall, where appropriate and possible, apply Article 4 of Council Framework 
Decision 2001/220/JHA to the family. 

3. 

This Article shall apply in addition to Article 10. 

Article 14 
Protection of child victims of trafficking in human beings in criminal investigations and 
proceedings 

1. 

2. 

3. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  in  criminal 
investigations  and  proceedings,  judicial  authorities  appoint  a  special  representative 
for  the  child  victim  of  trafficking  in  human  beings  where,  by  national  law,  the 
holders of parental responsibility are precluded from representing the child as a result 
of  a  conflict  of  interest  between  them  and  the  child  victim,  or  where  the  child  is 
unaccompanied or separated from the family. 

Member  States  shall  ensure  that  child  victims  have  immediate  access  to  free  legal 
counselling  and  to  free  legal  representation,  including  for  the  purpose  of  claiming 
compensation.  

Without  prejudice  to  the  rights  of  the  defence,  Member  States  shall  take  the 
necessary  measures  to  ensure  that  in  criminal  proceedings  of  any  of  the  offences 
referred to in Articles 2 and 3: 

(a) 

interviews with the child victim take place without  unjustified delay  after the 
facts have been reported to the competent authorities; 

EN 

20 

   EN 

 
(b) 

(c) 

(d) 

(e) 

(f) 

interviews  with  the  child  victim  take  place,  where  necessary,  in  premises 
designed or adapted for this purpose; 

interviews with the child victim are carried out, where necessary, by or through 
professionals trained for this purpose; 

the  same  persons,  if  possible  and  where  appropriate,  conduct  all  interviews 
with the child victim; 

the  number  of  interviews  is  as  limited  as  possible  and  interviews  are  only 
carried out where strictly necessary for the purpose of criminal proceedings; 

the  child  victim  may  be  accompanied  by  his  or  her  legal  representative  or, 
where appropriate, an adult of his or her choice, unless a reasoned decision has 
been made to the contrary in respect of that person. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  in  criminal 
investigations  of  any  of  the  offences  referred  to  in  Articles  2  and  3  all  interviews 
with the child victim or, where appropriate, with a child witness, may be videotaped 
and  that  these  videotaped  interviews  may  be  used  as  evidence  in  criminal  court 
proceedings, according to the rules under its national law. 

Member  States  shall  take  the  necessary  measures  to  ensure,  in  criminal  court 
proceedings relating to any of the offences referred to in Articles 2 and 3, that it may 
be ordered that 

(a) 

the hearing shall take place without the presence of the public; 

(b) 

the child victim may be heard in the courtroom without being present, notably 
through the use of appropriate communication technologies. 

4. 

5 

6. 

The paragraphs 1, 3, 4 and 5 shall apply in addition to Article 11. 

Article 15 
Prevention 

1. 

2. 

3. 

Member States shall take appropriate measures to discourage the demand that fosters 
all forms of exploitation related to trafficking in human beings.  

Member  States  shall  take  appropriate  actions  such  as  information  and  awareness 
raising  campaigns,  research  and  education  programmes,  where  appropriate  in 
cooperation with civil society organisations, aimed at raising awareness and reducing 
the  risk  of  people,  especially  children,  becoming  victims  of  trafficking  in  human 
beings.  

Member States shall promote regular training for officials likely to come into contact 
with victims and potential victims, including front-line police officers, border guards, 
labour inspectors, health care personnel and consular staff, aimed at enabling them to 
identify and deal with victims and potential victims of trafficking in human beings.  

EN 

21 

   EN 

 
4. 

Member States shall consider taking measures to establish as a criminal offence the 
use of services which are the objects of exploitation as referred to in Article 2 with 
the knowledge that the person is a victim of an offence referred to in Article 2.  

Article 16 
National Rapporteurs or equivalent mechanisms 

Member  States  shall  take  the  necessary  measures  to  establish  National  Rapporteurs  or 
equivalent  mechanisms.  The  tasks  of  such  mechanisms  shall  include  the  carrying  out  of 
assessments on trafficking in human beings trends, the measuring of results of anti-trafficking 
actions and reporting to the relevant national authorities.  

Article 17 
Repeal of Framework Decision 2002/629/JHA 

Framework  Decision  2002/629/JHA  on  combating  trafficking  in  human  beings  is  hereby 
repealed, without prejudice to the obligations of the Member States relating to the time-limit 
for transposition into national law.  

References  to  the  repealed  Framework  Decision  shall  be  construed  as  references  to  this 
Directive. 

1. 

2. 

3. 

1. 

2. 

Article 18 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [TWO  YEARS  FROM 
ADOPTION] at the latest. They shall forthwith communicate to the Commission the 
text  of  those  provisions  and  a  correlation  table  between  those  provisions  and  this 
Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 19 
Reporting 

By [four years from adoption] and every three years thereafter, the Commission shall 
submit a report to the European Parliament and the Council including any necessary 
proposal.  

Member States shall send to the Commission all the information that is appropriate 
for drawing up the report referred to in paragraph 1. The information shall include a 
detailed description of measures applied under Articles 8, and Articles 10 to 16, as 

EN 

22 

   EN 

 
well  as  a  description  of  considerations  made  on  possible  measures  under  Article 
15.4.  

Article 20 
Entry into force 

This  Directive  shall  enter  into  force  on  the  on  the  20th  day  following  its  publication  in  the 
Official Journal of the European Union. 

Article 21 
Addressees 

This Directive is addressed to the Member States in accordance with the Treaties. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

23 

   EN