COMMISSION STAFF WORKING DOCUMENT Mid-term report on the implementation of the EU strategy towards the eradication of trafficking in human beings
Date: 2014-10-17
Institutions: European Commission
Subjects: EU police cooperation, EU visa policy, admission of aliens, help for victims, illegal migration, judicial cooperation in criminal matters in the EU, residence permit, trafficking in human beings













EUR-Lex - 52014SC0318 - EN











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52014SC0318

COMMISSION STAFF WORKING DOCUMENT Mid-term report on the implementation of the EU strategy towards the eradication of trafficking in human beings /* SWD/2014/0318 final */









1.
   INTRODUCTION
Trafficking in
human beings (THB) is a severe violation of fundamental rights, explicitly prohibited
by Article 5 of the European Union’s Charter of Fundamental Rights. It is also
a serious form of organised crime, driven by very high profits and high demand
for the services of its victims. It affects women and men, girls and boys, from
within the EU and from non‑EU countries, causing profound and often
life-long harm.
To address this
phenomenon, the European Commission adopted the EU Strategy towards the eradication
of trafficking in human beings 2012-16.[2]
This mid-term report takes stock of how the EU Strategy has been
implemented, from early 2012 to the third quarter of 2014. The report includes
work carried out through cooperation between EU institutions, agencies and
bodies, Member States,[3]
civil society organisations and the private sector. It covers action taken within
the EU and in cooperation with non-EU countries of origin, transit and
destination.
The report starts
by briefly presenting the legal and policy context in which the EU Strategy is
being implemented. It then sets out the progress made on the Strategy’s four
key priorities:
A.
   Identifying, protecting and assisting victim of trafficking;
B.
   Stepping up the prevention of trafficking in human beings;
C.
   Increased prosecution of traffickers; and 
D. Enhanced
coordination, cooperation and policy coherence. 
Progress made in
relation to the fifth priority (Increased knowledge of and effective
response to emerging concerns relating to all forms of THB) is covered
under each of the key priorities. The report ends by pointing to next steps, in
line with the Strategy.  
The report emphasises
the Commission’s efforts to implement the EU policy framework on THB in a
coordinated manner across all relevant policy fields and actors. It thus includes
a section on the steps taken since 2012 under the 2009 action-oriented paper
(AOP) on strengthening the EU external dimension on action against THB. The
report also includes an annex on the important work of seven EU justice and home
affairs agencies to address THB, on the basis of the joint statement signed
by the heads of the agencies on the occasion of the EU Anti-Trafficking Day on
18 October 2011.
2.    THE SCALE OF THE PHENOMENON – DATA
COLLECTION
For the first
time at EU level, the Commission collected statistical data on THB. In line
with the EU Strategy, a Eurostat working paper on THB was published in April
2013, which includes data for 2008-10 on the total number of victims disaggregated
by gender, age, form of exploitation, citizenship, and type of assistance and
protection received. This is a working paper looking at statistical data as
gathered and submitted by national authorities. In this respect, it is a unique
undertaking in this field at EU level. The paper also includes statistics on
suspected, prosecuted and convicted traffickers disaggregated by gender,
citizenship and form of exploitation.  
According to the
working paper, 23 632 identified or presumed victims are reported in the
Member States. Women and girls remain by far the largest group over the three
reference years (2008-10), representing 80 % of the total. Most of the
registered victims (around 62 %) are trafficked for the purpose of sexual
exploitation. Labour exploitation (including forced labour and services, and
domestic servitude) accounts for around 25 % and the category ‘other’ (this
includes exploitation for the purpose of forced begging, criminal activities,
removal of organs, forced marriages and the selling of children) around 14 %.
More specifically, victims of sexual exploitation are overwhelmingly female (96 %
in 2010), whereas a majority of victims of labour exploitation are male (77 %
in 2010). The majority of identified and presumed victims (61 %) have EU,
in particular Bulgarian or Romanian, citizenship.
While trafficking
within the EU (internal trafficking) dominates the statistics, victims also
come from non-EU countries. Nigeria and China are the main non-EU countries of
origin and Brazil, Russia and Algeria also feature in all three years. 
Applying lessons
learnt from the first data collection exercise, Eurostat has compiled data for 2010-12
and its second THB working paper is being published alongside this report. The paper
is based on the questionnaire asking Member States for more specific
information, including breakdowns of victims’ and traffickers’ ages, different
sectors in which THB takes place, etc. 
Over the three
years 2010 – 2012, 30 146 victims were registered in the 28 Member States. According
to data disaggregated by gender during the reference period 80% of registered
victims were female.  Looking at the data from Member States who provided a
breakdown by gender and age (adults/minors), women account for 67 %, men for 17
%, girls for 13 % and boys for 3 % of the total number of registered victims of
trafficking in human beings. Based on data from Member States who were able to
provide a more detailed breakdown by age, 45% of registered victims were aged
25 or older. 36% were registered as aged 18-24, 17% were registered aged 12-17,
and 2% were aged 0-11.Data on registered victims disaggregated by different
forms of exploitation for all three reference years showed that the majority
(69%) of victims registered were trafficked for the purpose of sexual
exploitation, 19 % for labour exploitation and 12% for other forms of
exploitation such as the removal of organs, criminal activities, or selling of
children Of all the female victims registered, the overwhelming majority were
trafficked for the purpose of sexual exploitation (85%).  Among registered male
victims, 64% were trafficked for labour exploitation.
Encouraging
progress has been achieved in terms of availability of data. The second working
paper reaffirms the need for further improvement, as more comprehensive and
comparable data will allow for a more accurate assessment of the nature of the
problem, as well as more accurate conclusions at EU level.
3.    THE EU LEGAL AND POLICY FRAMEWORK ON
THB
THB is a complex
transnational phenomenon and can be addressed effectively only if Member States
work together in a coordinated way. The European Union has demonstrated strong
legal and political commitment to addressing THB and has developed a
comprehensive legal and policy framework.
This framework
is victim-centred and anchored in fundamental rights. It takes a gender‑specific
and child-sensitive approach and aims for coherence across all relevant policy
fields. It seeks prevention, the prosecution of criminals and the protection of
victims. Partnerships with stakeholders and greater knowledge of emerging THB‑related
concerns are of the utmost importance.
3.1.
     EU law on THB
The milestone Directive
2011/36/EU[4]
on preventing and combating THB and protecting its victims is the first act
at EU level to address THB in a comprehensive and integrated way, focusing
equally on the protection of victims, the prosecution of traffickers and the prevention
of the phenomenon in the first place.
The Directive
was to be transposed into national law by 6 April 2013[5] and the Commission has
been closely monitoring progress in the Member States, proactively supporting the
relevant national procedures. Several infringement cases were launched in 2013 against
Member States that had failed to notify the Commission of any transposing
legislation. To date, 25 Member States have indicated that they have transposed
the Directive in full. The Commission is currently analysing the information
received and will report in 2015, in accordance with Article 23 of the Directive,
on the state of transposition across all Member States.
The EU legal framework
also includes Directive 2004/81/EC regulating the grant of a temporary
residence permit to third-country national victims of THB cooperating
with the authorities for the investigation and prosecution of the alleged
traffickers.[6]
This lays down specific rules on residence permits and the treatment of
third-country nationals cooperating with the authorities, while Directive
2011/36/EU applies horizontally to EU and non-EU citizens and strengthens some
of the provisions of Directive 2004/81/EC, including as regards protection for
children. The second report on the implementation of Directive 2004/81/EC
is published on the same day as this mid-term report.
Furthermore, Directive
2012/29/EU establishing minimum standards on the rights, support and protection
of victims of crime[7]
applies to the victims of trafficking in human beings and ensures that these victims
benefit from a range of rights which are not specified in Directive 2011/36/EU.
The legal framework is also complemented by Directive 2004/80/EC relating to
compensation to crime victims[8].
 
3.2.
     EU policy on THB
The EU Strategy sets
out the EU’s overall approach to addressing THB. It recognises that the main
responsibility lies with the Member States and provides a framework to
complement their efforts and help them implement Directive 2011/36/EU (‘the
Directive’), focusing on priority areas and concrete action in partnership with
EU institutions and the justice and home affairs agencies, and in cooperation
with a wide variety of stakeholders. The EU Strategy confirms that eradicating
THB is a priority for the EU’s external migration policy, the Global Approach
to Migration and Mobility,[9]
and THB is systematically addressed in agreements and partnerships with third
countries and in bilateral and regional dialogues on migration and mobility.
This is in line with the 2009 action-oriented paper on strengthening the EU
external dimension against THB.
3.3.
     The EU anti‑trafficking coordinator
Within this legal
and policy framework, in March 2011 the Commission appointed an EU anti-trafficking
coordinator (EU ATC) to provide strategic policy orientation, ensure
consistent and coordinated planning, coherently address THB within the EU
and in relation to non-EU countries, and monitor the implementation of the EU
Strategy.[10]
The EU ATC ensures policy coherence and cooperation among diverse actors and
this mandate should be extended.[11]
3.4.
     Enabling action through funding
To implement this
comprehensive legal and policy framework, the EU provides extensive funding
under a number of thematic and geographical instruments. The Commission has
developed an anti-trafficking website[12]
containing a database of EU‑funded projects on THB in the EU and elsewhere,
and updated information on, inter alia, EU legal and policy instruments,
anti-trafficking measures in the Member States, funding opportunities and EU
initiatives.
In line with the
fifth priority of the EU Strategy on increased knowledge and effective response
to emerging concerns relating to all forms of THB, the Commission funds specific
quantitative and qualitative research (see below). This may provide valuable
knowledge to ensure accessibility, upholding of the rights enshrined in the
Directive and other relevant EU instruments, and the effectiveness of
prevention measures, appropriately reducing risk and demand. The Commission
also funds projects to improve the quality of data collection.
4.    VICTIM IDENTIFICATION, PROTECTION
AND ASSISTANCE 
Early
identification of victims is still an important challenge in our joint efforts to
address THB and a key priority in the EU legal and policy framework. Victims
cannot be effectively assisted and protected if they are not properly
identified.
4.1. National
referral mechanisms
The Directive calls on Member States to set up
appropriate mechanisms to ensure early identification, protection and
assistance, including legal assistance in criminal proceedings, and a child‑sensitive
approach, with specific measures for child victims of trafficking. The Strategy
specifies that Member States should maintain formal, functional national
referral mechanisms (NRMs), describing procedures and criteria to better
identify, refer, protect and assist victims. Such mechanisms should involve the
widest possible range of actors, including all relevant public authorities and
civil society organisations.
The Commission has provided
funding under a number of instruments for projects addressing these issues, details
of which can be found on the EU’s anti‑trafficking website. According to the
information available to the Commission, over half the Member States have
formalised NRMs to coordinate the actors involved in identification,
assistance, protection and reintegration. Member States report broad
participation in these systems, including by national ministries (health,
justice, social affairs, employment, etc.), law enforcement authorities, border
guards and consular services, civil society organisations, service providers
and labour inspectorates.
4.2. Guidelines
for border guards and consular services on identifying THB victims
As envisaged in the EU Strategy,
in order to improve coordination and coherence in the area of victim
identification, and to facilitate the work of front‑line officials, the Commission
has published Guidelines for the identification of victims of THB, addressed
in particular to border guards and consular services.[13] 
The guidelines are based on
existing handbooks and manuals, and provide information on EU‑funded
projects on the identification of victims to ensure that there is no
duplication in this area. They have been presented and disseminated on a number
of occasions, e.g. at the Council Consular Affairs Working Group (COCON)
meeting of 18 October 2013 in Vilnius, and in the framework of the European
Multidisciplinary Platform against Criminal Threats (EMPACT) Group on THB,
under the EU Policy Cycle on Serious and Organised Crime.
4.3. EU
rights of trafficking victims
The Directive grants
a series of important rights to trafficking victims. The Strategy accordingly
stresses the importance of clear and consistent information for victims and front-line
officials likely to come into contact with them. This includes information
on rights relating to assistance and healthcare, residence permits, labour
rights, access to justice and to a lawyer, and the possibilities of claiming
compensation.  
In 2013, as
envisaged in the Strategy, the Commission published a document on the EU
rights of trafficking victims,[14]
available on the EU anti-trafficking website in all official EU languages. It
provides a practical overview of victims’ rights, ranging from (emergency)
assistance and healthcare to labour rights, access to justice and to a lawyer,
and access to compensation, based on the EU Charter of Fundamental Rights, EU
directives (such as in particular Directive 2011/36/EU and Directive 2012/29/EU),
relevant framework decisions and the jurisprudence of the European Court of
Justice and the European Court of Human Rights. Additional references to the
rights of the child have been included at the end of each chapter. The overview
contributes to the upholding of victims’ rights by helping Member State
authorities deliver the information, assistance and protection that they need
and deserve. It is addressed to victims and practitioners, and to Member States
so that they can develop similar approaches to THB victims’ rights at national
level.
4.4. Labour
market intermediaries
As mentioned in
the EU Strategy, where implemented correctly, labour (‑market)
legislation and laws regulating migrants working in the EU will also help to
prevent the various forms of human trafficking. Greater attention should be
paid to those involved in THB, e.g. contractors, subcontractors and job recruitment
agencies, in particular in high-risk sectors.
To this end, the
European Foundation for the Improvement of Living and Working Conditions (Eurofound),
in consultation with the Commission, is undertaking a comparative analytical study
on the regulation of labour market intermediaries and the role of the social
partners in preventing THB for the purpose of labour exploitation.[15] The study will map the
situation in the Member States as regards the regulation of temporary work
agencies and intermediaries, including their activities in placing workers from
inside and outside the EU, and identify relevant social‑partner
initiatives to prevent THB. It will provide input for a best practice guide for
public authorities on the monitoring of THB via temporary job agencies and
intermediaries such as recruitment agencies. Publication is expected in 2015.
Focus on children
4.5. Child-sensitive
protection systems
Children are
particularly vulnerable to victimisation and re-trafficking into the EU, within
the EU and within individual Member States. The Directive sets out a number of
provisions based on the principle of the ‘best interests of the child’, which
require that Member States take into account the specific needs of child victims
of trafficking.
The EU Strategy
recognises that comprehensive child-sensitive protection systems, ensuring
interagency and multidisciplinary coordination, are crucial in catering to the
needs of child victims of THB. The Commission has started work on a
Communication providing guidance on integrated child protection systems,
which is expected to be adopted early in 2015. In 2012 and 2013, the European
Forum on the Rights of the Child[16]
focused on this issue, seeking to contribute to the development of EU guidance
to support Member States in fulfilling their child protection responsibilities.
A public consultation was held between April and July 2014 to allow a wide a
range of stakeholders and organisations to contribute to the process and close
to 300 contributions were received. The Communication will aim to provide
information on EU legislation and policies relevant to integrated child
protection systems, clarifying where the EU can support national child
protection systems. It will also illustrate good practice on integrated child
protection systems and promote to foster mutual learning  in cross‑border
and national contexts.
The Commission
will also take account of a mapping of national child protection systems
currently being carried out by the EU Agency for Fundamental Rights (FRA) in
cooperation with the European Commission. 
4.6. Increasing
knowledge on children vulnerability to THB
Another current
study seeks to develop knowledge and increase understanding of this vulnerable
group, in line with the EU Strategy. The results, expected by the first half of
2015, should contribute to evidence-based policy development by the Commission,
inform policy implementation and evaluation, and enhance coherence and impact.
4.7. Guardianship
for children deprived of parental care
The EU Strategy stressed
that effective guardianship systems are instrumental in preventing abuse,
neglect and exploitation. However, guardians’ roles, qualifications and
competences vary from one Member State to another. In line with the EU
Strategy, in June 2014 FRA and DG HOME published Guardianship for
children deprived of parental care: A handbook to reinforce guardianship systems
to cater for the specific needs of child victims of trafficking.[17] This is designed to
help standardise guardianship practice, ensuring also that it is better
equipped to deal with the specific needs of child victims of trafficking. It
provides Member States with guidance and recommendations on strengthening their
guardianship systems, setting out the core principles, fundamental design and
management of such systems. The handbook will be translated into all official
EU languages. In parallel, FRA will publish a map of national guardianship
systems, based on research carried out in 2013.
Over the
reference period, the Commission continued to provide funding for projects
targeting child victims of trafficking under several programmes, e.g. ISEC
and DAPHNE.[18] 

Lastly, the Commission
has cooperated with non-governmental and international children’s organisations.
5.    PREVENTION AND DEMAND REDUCTION
A human rights-based
approach focusing on victims must address prevention appropriately and
effectively, and discourage the demand that fosters all forms of THB. Vulnerability
puts people at greater risk of becoming victims of THB, but does not per se
cause THB. THB takes place because there is a demand for services and goods
provided through exploitation and because it is a highly profitable form of
organised crime.
5.1. Demand
reduction
The Directive requires
the Member States to take appropriate measures to discourage and reduce the
demand that fosters all forms of exploitation relating to THB. More
specifically, it provides that ‘Member States shall consider taking measures to
establish as a criminal offence the use of services which are the objects of
exploitation, with the knowledge that the person is a victim’. The Commission is
to submit a report to the European Parliament and the Council by 2016,
assessing the impact of national laws criminalising the use of services
provided by victims of trafficking, accompanied, if necessary, by adequate proposals.
The THB
Directive refers to the Employers’ Sanctions Directive,[19] which already provides
for criminal sanctions for employers who use the work or services of illegally
staying third‑country nationals in the knowledge that they are victims of
trafficking. The first report on implementation of that Directive was published
in May 2014. 
The EU Strategy
reflects the focus on prevention and demand reduction, recognising that
increasing knowledge and the exchange of best practices are crucial to reducing
demand for all forms of trafficking, including sexual exploitation. Addressing
demand must include partnerships and cooperation with the private sector. In
this framework, the THB Directive sets out several provisions to ensure that
legal persons can be held liable for THB offences and the Commission has used various
instruments to fund several projects focusing on demand.
5.2. Assessing
prevention work
The Commission’s
funding supports a wide range of projects on prevention,
including awareness‑raising programmes, risk-reduction projects targeting
vulnerable groups, e.g. campaigns targeting people looking for jobs abroad
in high‑risk sectors, and projects focused on reducing demand, e.g. campaigns
targeting potential users of sexual services provided by THB victims.  
In line with the
EU Strategy, a current study will systematically evaluate the impact of THB
prevention initiatives. The outcome, expected in the first half of 2015, should
provide information that will help to enhance the effectiveness and impact of
prevention measures and policies, and to ensure that EU funding is allocated in
line with the Commission’s priorities as set out in the EU Strategy. Prevention
projects are thus being reviewed in terms of impact and results, to improve
effectiveness, coherence and coordination, ensuring that fund allocation
reflects the priorities for addressing THB as set out in the Strategy.
5.3. The
gender dimension of THB
The EU legal and
policy framework recognises that trafficking is a gender‑specific
phenomenon and requires Member States to take gender‑specific action. For
the first time, the Directive adopts a gender-specific approach to THB,
recognising that women and men, girls and boys, are trafficked in different circumstances
and require gender-specific assistance and support. Also, the EU Strategy
identifies violence against women and gender inequalities as a root cause of
trafficking and sets out a series of measures to address the gender dimension of
THB, as vulnerability to trafficking for different forms of exploitation is
shaped by gender.
The EU Strategy calls
on the Commission to develop knowledge on the gender dimension of human
trafficking. The Commission has launched a study to that effect and funded projects
under various instruments; the results are expected in the second half of 2015.
Lastly, over the
reference period the Commission worked with international organisations and
non-governmental organisations on the gender dimension of THB.
6.    INVESTIGATION AND PROSECUTION OF
OFFENDERS
The Strategy sets
out specific measures to assist Member States in conducting effective
prosecutions of traffickers and the Commission is funding several projects
focused on training law enforcement authorities, prosecutors, the police and
social services.
6.1. Targeted
and regular training
Cooperation
and partnerships at all levels are crucial to ensuring effective prosecutions
and investigations. The EU legal and policy framework stresses the importance
of appropriate and regular training for those responsible
for investigating or prosecuting THB offences, and for the judiciary. According
to information available to the Commission, Member States provide training for judiciary
and law enforcement officials, including those deployed in cross‑border
contexts. Such courses are often delivered under EU‑funded projects and
many have been included in the curricula of relevant schools and academies. Training
on specific dimensions of THB is generally organised in close cooperation with
civil society organisations and/or European and international institutions and
agencies (e.g. the European Police College – CEPOL).
6.2. ‘Follow
the money’ – financial investigations 
As stressed above,
THB is a highly profitable form of organised crime. The EU Strategy therefore
focuses on enhancing Member States’ cooperation with EU JHA agencies and bodies
such as Europol, Eurojust and CEPOL to encourage financial investigations of
trafficking cases. According to the information available to the Commission,
financial (including asset‑tracing) investigations are conducted in
several Member States on a case‑by‑case basis when a case of THB is
encountered, but not systematically across all Member States. The reasons for this
vary between Member States and are often linked to a lack of best practices and
experience at national level, or to legal obstacles. The Commission encourages
Member States to use financial (including asset‑tracing) investigations
more proactively and systematically. Against this background and as required by
the EU Strategy, Europol is currently working on an analysis of financial
investigations in THB cases in the EMPACT framework on the basis of
information from Member States.
The ability of MS
authorities to freeze and confiscate the proceeds of THB will be considerably
enhanced by the implementation, by end 2016, of the new Directive on
confiscation[20].
This Directive foresees far-reaching legal measures (for example allowing the
freezing and confiscation of property transferred to, or acquired by, third
parties) which will apply to the proceeds of the most serious forms of
organised crime, including THB. 
At the same
time, the improved cooperation between the Asset Recovery Offices in the Member
States[21]
will enhance the possibilities to identify and trace the proceeds of THB across
the Union. 
The EU Strategy also
provides for the involvement of seven JHA agencies[22] and Eurofound. Details
of all joint activities and a list of specific THB‑related measures,
broken down by agency and based on the joint statement, can be found in the
Annex.
6.3. EU
policy cycle and THB
In June 2013,
the Council adopted conclusions[23]
identifying the nine priority areas of the EU Serious and Organised Crime Policy
Cycle starting in 2014, which include THB. The Standing Committee on
Operational Cooperation on Internal Security (COSI) has a mandate to
facilitate, promote and strengthen the coordination of Member States’ operations
in the field of internal security, with support from Europol, and to adopt annual
operational action plans (OAPs) on each priority area identified by the
Council. The OAP for 2014 focuses on issues such as intelligence gathering, the
use of financial investigations, the use of the internet and new technologies,
child trafficking, joint investigation teams and cooperation with EU agencies and
bodies and other stakeholders.
The
OAP on THB is implemented by the EMPACT Group, which meets regularly on Europol’s
premises. The Commission participates in the meetings and contributes to discussions
where appropriate.
As
envisaged in the EU Strategy, the Commission works proactively to facilitate
cooperation at all levels. In this context, cooperation has been
established with EMPACT THB to step up cooperation between civil society
organisations and law enforcement authorities in the Member States.  
According
to the information available to the Commission, several Member States have set
up structured mechanisms to enhance cooperation in addressing THB cases, mainly
between existing law enforcement departments/units and other relevant national
institutions. Others have opted to set up new specialised, multidisciplinary
law enforcement units to address THB. Generally, such systems gather expertise
on THB, organised crime, border control and migration issues and, in several
cases, on cybercrime. Structured mechanisms for cooperation to address THB
cases and specialised law enforcement units are often overseen by a national coordinator,
who in some cases is also the national rapporteur or equivalent mechanism (NREM)
for the Member State in question.
6.4. The
role of the internet and online recruitment
The EU
Strategy highlights that the internet plays a key role today in facilitating
THB and increases the challenges for law enforcement authorities. Because
of the relative anonymity it provides, the internet is used for recruitment
through false job advertisements and also plays a crucial role in the sale of
services provided through the exploitation of THB victims. According to Europol’s
2013 Executive Report on Serious and Organised Crime Threat Assessment (SOCTA
2013), the internet will be an even more important marketplace for illicit
commodities and criminal services in the future. Criminals advertise
facilitation services to potential migrants online, recruit THB victims and
connect to customers in destination countries. Social media, dating sites and
online forums are becoming increasingly prominent in online child sexual
exploitation, THB and fraud respectively.
The
EU Anti-Trafficking Day Conference in Vilnius in October 2013 was devoted to the
role of the internet in THB. As envisaged in the EU Strategy, the Commission
has started work on a report to increase knowledge of the use of internet and
social networks for recruitment for all forms of THB. The report is expected
to be finalised by mid‑2015.   
6.5. Mapping
case-law on THB for the purpose of labour exploitation
A
current study focuses on mapping relevant case‑law and analysing
practices across the Member States, including trends, police and judicial
architecture, the relevant legal contexts and the challenges at national level.
The results, due in the second half of 2015, are expected to feed into policy
development and support Member States in ensuring effective investigations and
prosecutions by increasing knowledge on the adjudication of THB in the EU.
Box 1: EU Anti‑Trafficking Day
Since
2007, 18 October has been marked as EU Anti-Trafficking Day. Together with the Commission,
successive EU Presidencies have organised high‑profile events focusing on
various areas, such as cooperation in the external dimension (Sweden) and
partnerships (Belgium). The 2012 conference, held in Brussels under the Cypriot
Presidency, focused on the EU Strategy and on future work to strengthen
cooperation and partnerships, prevention, victim protection and assistance, and
the prosecution of traffickers. The 2013 conference, held in Vilnius under the
Lithuanian Presidency, focused on the role of the internet in THB.  
7.    COORDINATION, COOPERATION AND
POLICY COHERENCE
Cooperation and
partnerships among all actors working in the field are crucial to addressing
THB. The
EU
ATC is entrusted with overseeing implementation of the EU
policy framework, in particular the EU Strategy, ensuring
overall coordination of THB‑related activities within the Commission and
with external stakeholders, and coordinating the allocation of funding so that
it reflects EU priorities.
7.1. Informal
network of national rapporteurs or equivalent mechanisms 
Article 19 of
the Directive provides for the formal establishment of national rapporteurs
or equivalent mechanisms (NREMs) in charge, inter
alia, of carrying out assessments of trends in THB, measuring the results
of anti-trafficking action, including the gathering of statistics, in cooperation
with civil society organisations, and reporting. The Directive further requires
the Member States to facilitate the tasks of an ATC and transmit to the ATC the
information referred to in Article 19, on the basis of which the ATC is to contribute
to the Commission’s two‑yearly progress reports.
An informal network
of NREMs was established under the Council Conclusions adopted on 4 June
2009.[24]
Together with the EU Presidency, the EU ATC holds biannual meetings with the network,
which plays an important role in discussing issues relating to the collection
of comparable data and assessing trends based on commonly developed and agreed reporting
templates, in line with Articles 19 and 20 of the Directive.
Box
2: EU agencies’ and bodies’ joint statement
As
regards greater coordination and coherence in anti-trafficking policies and
action, the EU Strategy explicitly mentions Eurofound and seven JHA agencies
directly involved in the implementation of the deliverables: CEPOL, Eurojust,
Europol, EASO, EIGE, FRA and Frontex.
On
the 5th EU Anti-Trafficking Day on 18 October 2011, the heads of the seven
agencies were brought together by the Commission in Warsaw, under the Polish
Presidency, to sign a joint statement[25] undertaking
to address THB in a coordinated, coherent and comprehensive manner, in
partnership with each other and with Member States and EU institutions,
agencies and bodies. 
The
EU Strategy calls on the Commission to coordinate and monitor implementation of
the joint statement. The agencies’ THB contact points met initially in May 2012
and have come together at regular intervals since. On the 6th Anti-Trafficking Day,
in 2012, Frontex presented a report on the implementation of the initiative and
what had been achieved by the agencies one year on.
The
agencies and the EU ATC continue to hold coordination meetings in order to
monitor implementation of the EU Strategy and the joint statement. The second progress
report is annexed to this report.
7.2. The
EU Civil Society Platform
A key policy
priority identified in the EU Strategy is to build up partnerships with all
actors working against THB and most importantly with non-governmental
organisations and civil society at large. One example of this was the launch,
on 31 May 2013, of the EU Civil Society Platform against THB in
Member States and selected non-EU countries.
The Civil
Society Platform currently meets every two years, bringing together over 100 civil
society organisations working in the field of THB in the Member States and in
four neighbouring priority countries (Albania, Morocco, Turkey and Ukraine).
In March 2014, the
Commission issued a call for expressions of interest to participate in the EU
Civil Society e-Platform against THB, which is to complement the Platform and enable
the continuity of the discussions beyond the biannual meetings in Brussels and
ensure that they are broadened by including a higher number of organisations. The
selection procedure has been finalised and the e-Platform is now operational.
 
The Commission
will facilitate further exchange of information and ideas and invite the
participants to discuss future action fostering open, inclusive and diverse
participation.
Also, to
facilitate cooperation between NREMs and civil society organisations, the Commission
organised a joint meeting of the informal network of NREMs and the EU Civil
Society Platform in May 2014, where participants were able to make contacts and
strengthen cooperation in the context of reporting under Article 19 of the
Directive, and propose specific contributions to the Commission in this respect.
7.3. The
external dimension and the action‑oriented paper on strengthening the EU
external dimension on action against THB
The EU policy
framework on THB links the internal and external dimensions. A number of EU external
policies and instruments help to address THB in non-EU countries, because:
-     THB
is a grave violation of human rights and tackling it is a clear objective of EU
external action;
-     non-EU
countries are often countries of origin and transit for trafficking to the EU;
and 
-     as a
cross-border illegal activity, it is an important area for cooperation with non-EU
countries. 
The Commission
funds numerous projects to address THB in a range of non-EU countries and
regions. The EU ATC provides strategic policy guidance to ensure consistent and
coordinated planning to address THB coherently within the EU and in relation to
non‑EU countries, and monitors the use of all appropriate forms of EU
action.
7.3.1.   Action-oriented
paper
In 2009, the
Council adopted an action‑oriented paper (AOP)[26] geared to strengthening
the commitment and coordinated action of the EU and the Member States to
address all forms of THB, in partnership with non-EU countries, regions and
organisations at international level. The AOP is based on respect for human
rights and the rule of law and includes a gender and child rights perspective. It
elaborates on the EU’s external relations policy and the programming of
activities with non-EU countries, regions and organisations at international
level, including development cooperation. 
The first
implementation report, in 2011, gave an overview of THB projects in non-EU countries
funded by the EU and Member States. The second, adopted in December 2012,[27] includes a list of
priority countries and regions[28]
with which cooperation on THB needs to be further strengthened and streamlined.
The Council has invited the Commission to report on progress made in 2014 and
to include this in the first report on the implementation of the EU Strategy.
At the request
of the Council, the Commission and European External Action Service have
produced an information package on activities in the priority countries and
regions addressing THB, and a list of relevant tools and instruments
available to the EU and the Member States. The package includes an overview of EU
policies, including external policies, addressing THB and of projects funded by
the EU and Member States in the field of THB. It serves as a reference tool for
EU Delegations and Member States, to enhance cooperation and the coherence of
anti‑THB action and policy in their host countries. Member States are also
requested to cooperate with the Commission and the EEAS in this area.
As envisaged in
the EU Strategy, EU Delegations in priority countries have been asked to create
partnerships and ensure coordination and coherence in their host countries,
appointing a contact person for THB‑related issues, organising
coordination meetings, closely monitoring EU‑funded projects on THB and
ensuring a regular exchange of information with the host‑country
authorities. To facilitate their work, in June 2014 the Commission organised a three‑day
training course for EU Delegations on external cooperation in the area of THB,
with a particular focus on priority countries and regions.
Member States
have reported extensively on their cooperation on THB with priority countries
and regions. They have funded projects addressing several dimensions of THB in some
of the category I countries, e.g. Brazil, Vietnam, Albania, Ukraine, Nigeria.
Often these projects were implemented jointly by several Member States, also in
cooperation with international organisations such as the International
Organisation for Migration (IOM) and UN bodies. THB seminars, workshops and
study visits have been organised, including training for diplomatic staff. At
operational level, initiatives have been taken to increase cooperation between Member
States’ police liaison officers in third countries, e.g. Russia, Ukraine,
Belarus and Morocco, on THB prevention and prosecution, and protecting and
assisting THB victims. Specific projects have involved cooperation with
airlines or addressed child sex tourism, in particular in Brazil, Thailand,
Nepal, India and Senegal. Efforts have been made to mainstream activities
addressing THB in broader policy areas such as migration, gender equality and children’s
rights.
Some Member
States reported that they had signed bilateral agreements with priority
countries (Albania, Belarus, China, Morocco, Russia, Thailand, Ukraine and
Vietnam) to strengthen cooperation in the area of THB, often in the context of
fighting organised crime.
Member States also
reported regional cooperation efforts to address THB, in particular with South‑East
European, Western Balkan, Eastern Partnership and Community of Latin American
and Caribbean States (CELAC) countries. Existing mechanisms have been used to
address a range of issues, such as national referral mechanisms, coordination
of anti‑trafficking initiatives and measures, awareness‑raising and
cooperation with civil society organisations.
The Member
States also contributed to the work of international organisations to improve coordination
and coherence in the field of THB.
The Commission
has signed letters of intent on cooperation with the UN Office on Drugs and
Crime (UNODC) and the UN High Commissioner for Refugees (UNHCR), including in
the field of THB. In 2012, DGs HOME, DEVCO and ECHO, together with EEAS,
established a framework for strategic cooperation with IOM which serves as a
basis for interaction and outlines the structure and development of their
relationship. The Commission is a full member of the Baltic Sea States’ THB
Task Force, which aims to enhance cooperation on migration, development,
humanitarian response and human rights issues. The EU is party to the UN
Transnational Organised Crime Convention and its Protocols, including the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children. The Commission closely followed the process on the standard‑setting
item on supplementing the Forced Labour Convention in the International Labour
Conference.
7.3.2.
  The Global Approach to Migration and Mobility
Eradicating THB
is a priority area of the Global Approach to Migration and Mobility (GAMM),
which since 2005 has represented the overarching framework for the EU’s
external migration policy. The GAMM determines how the EU conducts its policy
dialogue and operational cooperation with third countries in the area of
migration and mobility, on the basis of clearly defined priorities and firmly grounded
in its overall external action, including development cooperation. Particular
emphasis is placed on prevention, the prosecution of perpetrators, the protection
of victims and the specific situation of unaccompanied minors. Preventing and
combating THB and protecting its victims are systematically addressed in all
relevant agreements and partnerships with non-EU countries and in all EU
dialogues on migration and mobility, including the visa liberalisation
dialogues. Addressing THB was also identified as a priority in the Commission’s
4 December 2013 Communication on the work of the Task Force Mediterranean.
Thus, THB is
included in the Stabilization and Association Agreements between the EU and the
Western Balkans countries. Progress made in this field is regularly assessed in
the process of aligning with the EU acquis, as part of the accession
negotiations (Chapter 24 Justice, freedom and security) with those candidate
countries negotiating their accession to the EU and is reported in the annual Enlargement
progress reports on candidate and potential candidates. THB is also addressed
in the action plans with the Neighbourhood countries and progress is reported
in the Neighbourhood Policy annual reports.
The EU has justice,
freedom and security subcommittees with all the Eastern Partnership countries (except
Belarus) under the Political Cooperation Agreements (PCAs), where the partner
country reports on its achievements on THB and the Commission issues
recommendations for further work. In addition, the Eastern Partnership Panel on
Asylum and Migration holds regional‑level experts’ meetings on THB and the
smuggling of human beings, the latest of which took place in Vilnius in June
2014.
Effectively
combating THB and protecting its victims is also an integral benchmark in the
two phases of the Visa Liberalisation Action Plans with Ukraine, the Republic
of Moldova and Georgia, and in the common steps for visa‑free arrangements
in the EU‑Russia visa dialogue. Progress is assessed in depth in the
context of the Action Plans, which require the partner countries to adopt and
implement laws in line with the best European and international practices.
In line with the
GAMM, THB is systematically covered in all dialogues and cooperation frameworks
with non-EU countries, in particular the Mobility Partnerships and Common
Agendas on Migration and Mobility. Hence, THB is an essential component of the
EU’s dialogues on migration, mobility and security with the Southern
Mediterranean countries and a number of initiatives in this field have been included
in the Mobility Partnerships with Morocco, Tunisia and Jordan.
This also applies
to regional dialogue with Africa, in particular the Euro‑African Dialogue
on Migration and Mobility, the Rabat Process (with the countries along the
migratory routes in West Africa). Likewise, the stand-alone declaration on
migration and mobility adopted at the EU‑Africa Summit in April 2014
renewed both sides’ commitment to stepping up their efforts to address THB, in
particular through closer partnership and cooperation on prevention, protection
and prosecution, and fighting against those taking advantage of all forms of
exploitation, both in Europe and in Africa. Furthermore, like all Common
Agendas, the recently adopted Common Agenda with Nigeria pays special attention
to this issue.
THB is also
covered in migration dialogues with other regions, such as Latin America, the African,
Caribbean and Pacific (ACP) or the Silk Route countries, and bilateral
dialogues with China, Russia and India.
The above
frameworks and dialogues involve numerous Commission‑funded projects on
THB in a wide variety of non‑EU countries. THB is covered in a number of country
strategy papers and national and regional indicative programmes, e.g. in
South and South‑East Asian countries, where there is a persistent problem
at both country and regional level.
In addition, the
EU raises THB in the framework of its human rights dialogues with over 40
countries worldwide, as an important component of its Action Plan on Human
Rights and Democracy in relations with third countries. It also supports
international efforts in this field, advocating in various UN fora for
prevention, victim protection and assistance, establishment of a comprehensive
legislative framework, policy development and law enforcement, and improved
international cooperation and coordination in the work on THB. For example, it played
a central and influential role in the preparations for the second High-level
Dialogue on International Migration and Development, which took place during
the UN General Assembly in New York on 3-4 October 2013. The EU successfully
advocated for stronger language on THB in the outcome document.
7.4. Enabling
policy implementation
The EU Strategy recognises
that the effectiveness of the EU framework on THB depends to a large extent on
funding and the active involvement of all relevant stakeholders. The Commission
funds numerous projects within and outside the EU, which involve a wide range of
promoters and partners, and address different dimensions of THB.
The Commission
is working to ensure that funding reflects the EU’s priorities in addressing
THB, as set out in the Strategy. A comprehensive inventory of all funded THB
projects is being finalised so that they can be assessed in terms of impact and
results. This will enhance coordination, avoid duplication and provide a solid
basis for coherent, cost‑effective and strategic planning.
Anti-trafficking
projects are funded under a number of EU financial instruments (this includes
projects not directly addressing trafficking, but other pertinent issues such
as women’s rights, integration of migrants, etc.); this reflects the importance
the EU attaches to tackling this form of human rights violation.
The Prevention
of and fight against crime (ISEC) financial programme has addressed THB as a
priority since its inception in 2007 and has published several target calls for
projects addressing THB. ISEC has funded many THB‑related projects,
covering topics such as gender, labour exploitation, child trafficking,
identification and assistance, forced begging, sexual exploitation, etc. The
number of applications from different types of stakeholder, including EU Member
States and civil society, has increased sharply in the past three years.
About 62 %
of current home affairs funding is channelled through the Solidarity and
management of migration flows (SOLID) general programme, which makes it by far
the biggest delivery mechanism for home affairs policies. SOLID has comprised
four funds[29]
and supported action in the areas of migration, integration, asylum, external
borders and return. Under the new Multiannual Financial Framework (MFF), the
funds, along with ISEC and the Prevention, preparedness and consequence
management of terrorism and other security‑related risks (CIPS) specific
programme, have been replaced by two new funds in the area of home affairs: the
Asylum and Migration Fund and the Internal Security Fund.
Various THB projects
were also funded in the area of justice under the Daphne financial programme
on violence against women and children. The funding supported NGOs helping
victims, awareness campaigns and law enforcement cooperation with non-EU
countries or countries of transit. Under the new MFF, Daphne III and the Fundamental Rights
and Citizenship Programme were replaced by the Rights, Equality and
Citizenship Programme.
Projects on THB
are also funded under financial instruments dealing with cooperation with non-EU
countries, both geographical, such as the
Development Cooperation
Instrument (DCI), the European Development Fund
(EDF) and the European Neighbourhood Partnership
Instrument (ENPI), and thematic, such as the Thematic
Programme for Migration and Asylum (and, in the past, AENEAS) and the European Instrument for Democracy
and Human Rights (EIDHR). In the area of development cooperation and
security, funding for THB‑related projects is also available under the Instrument contributing to Stability
and Peace (former Stability Instrument).[30]
Action in the
framework of the Technical Assistance and
Information Exchange (TAIEX) instrument has included study visits to the Member
States and seminars for law enforcement authorities, prosecutors, and police
and social service personnel from candidate, potential candidate and Neighbourhood
countries. Funding is also available under the Progress programme.
THB has been
included as one of the topics to be covered by calls for proposals under the Seventh
Framework Programme (FP7) devoted to socio-economic sciences and humanities
(SSH) and security research, so as to make use of the academic community’s considerable
expertise in the area of trafficking.
In line with the
EU Strategy, the anti-trafficking website is regularly updated with projects
funded under various instruments and the Commission works to ensure that the inventory
is complete. Streamlining information on funded projects is a key part of the
work of the Commission’s THB Inter-Service Group, where all relevant services
contribute information.
Box
3: The EU anti-trafficking website
http://ec.europa.eu/anti-trafficking/
The
EU anti-trafficking website, one of the Commission’s few horizontal websites,
attracts significant internet traffic. It serves as an information hub inter
alia on EU legal and policy instruments, national information and updates on
anti-trafficking measures and initiatives, case law, funding opportunities,
publications and EU initiatives. It includes a database of EU‑funded THB projects
in EU and non‑EU countries and serves as a portal for the Civil Society e-Platform.
8.    FOLLOW‑UP
This report has
highlighted the most important elements of the EU’s legal and policy framework on
THB and the efforts made to mainstream this work at regional, national, European
and international levels. It has illustrated the Commission’s coordinated and
coherent approach to implementing the EU Strategy.
This work will
continue in the coming years and be extended to take in a number of new
measures, including:
-     the establishing
of a European Business Coalition;
-     a
review of all EU‑funded THB projects;
-     a
mapping of funding allocation;
-     awareness‑raising;
-     models
and guidelines addressing demand reduction for all forms of exploitation;
-     further
strengthening the informal network of NREMs;
-     ensuring
support for the EU Civil Society Platform; and
-     continued
support for the work of EMPACT THB in the context of the EU Policy Cycle on
Serious and Organised Crime and for JHA agencies’ specific efforts on the basis
of the joint statement.
In
2015, the
Commission will submit reports:
-     assessing Member States’ measures to comply with the Directive;
and
-     on the THB situation in the EU, on the basis of information
received by the Member States and other stakeholders (see Article
20 of the Directive). 
Finally,
in 2016, the Commission will assess the effect of existing national law
criminalising the use of services that are the objects of exploitation of THB,
accompanied, if necessary, by appropriate proposals (see Article 23 of the
Directive).
The EU Strategy
expires in 2016. The Commission plans to develop a new post‑2016 Strategy
in consultation with relevant stakeholders on the basis of the lessons learnt
and needs identified.[31]
ANNEX 
SECOND
ACTIVITY REPORT FOLLOWING THE JOINT STATEMENT OF THE HEADS
OF THE EU JUSTICE AND HOME AFFAIRS AGENCIES
1.
   INTRODUCTION
The JHA agencies’
activities on THB need to be coordinated so that they act together in a more
coherent and comprehensive manner, taking advantage of synergies and avoiding a
duplication of effort.
This is why, on
the occasion of the 5th EU Anti-Trafficking Day (18 October 2011), the heads of
seven justice and home affairs (JHA) agencies[31]
signed a joint statement undertaking to align their planning on THB and to take
action together.[32]

In order to
ensure that the agencies regularly exchange information on all THB‑related
activities and whenever appropriate work together closely to generate synergies
and avoid duplication of effort, keeping in mind the need for a
multidisciplinary approach, three coordination meetings of the agencies’ THB
contact points are organised every year by the EU Anti-Trafficking Coordinator
(EU ATC) in Brussels.
The agencies’ first
joint report was presented by Frontex in October 2012 in the context of the 6th
Anti-Trafficking Day. This second report, which has been coordinated by EASO as
chair of the agencies’ network in 2014, covers joint action by the agencies between
October 2012 and September 2014 and will be incorporated in the mid-term report
on the implementation of the EU Strategy towards the eradication of THB 2012-16.
In line with the
EU Strategy, this report focuses on areas in which the seven JHA agencies have
joined forces to help implement Directive 2011/36/EU on preventing and
combating THB and protecting its victims.[33]
The report follows the structure of the Strategy. An additional document
listing the key measures taken by each agency individually in the field of THB
will be made available on the agencies’ websites.
A significant
number of measures fall into the section on the prosecution of traffickers, as CEPOL,
Eurojust, Europol and Frontex are all involved in that area. Also, the agencies
have different mandates and therefore do not all act on all priorities.
2.    COOPERATION
AND COORDINATION
The EU ATC in
Brussels chaired five coordination meetings between October 2012 (when the
first joint report was presented) and the date of publication of this report.
Six of the
agencies were represented at each meeting; to date, EIGE has
been unable to attend, but it has contributed to a number of the activities
listed below. At each meeting, the Commission gave an update on the
implementation of the EU legal and policy framework and each agency reported on
its recent joint and individual activities, the aim being to improve cooperation
and coordinate action. The agencies’ representatives worked intensively to
ensure that a clear mapping of their joint activities reflected the structure
and content of the EU Strategy as a basis for the report at hand.
In addition, the
agencies’ network, in which the Commission actively participates, has included
THB among its priority areas for further operational cooperation on JHA. The heads
of the agencies and the JHA Contact Group have regularly included THB on their
meeting agendas in 2013 and 2014 in order to enhance practical cooperation in
this area.
To further
promote cooperation, the Europol and FRA THB contact persons have
taken part in exchange visits on the basis of an agreement signed by their directors
in 2012. Inter-agency exchange in areas of common interest, including THB, is
also envisaged in the 2013 memorandum of understanding between Eurojust and
Frontex. Eurojust and FRA concluded negotiations for a
memorandum of understanding on cooperation in July 2014. Also, EASO and FRA
signed a working arrangement in 2013 under which they will share best
practices, information and expertise relating to the protection of vulnerable
groups, including victims of THB, and explore possible targeted activities in
this area. Lastly, EASO and Frontex continued to implement their
working arrangement (signed in 2012), which provides for a framework of
cooperation on identifying persons in need of protection.
3.    JOINT
ACTIVITIES 
PRIORITY
A:  IDENTIFYING, PROTECTING AND ASSISTING VICTIMS OF TRAFFICKING
In this priority
area, EASO, FRA, Eurojust, Frontex and CEPOL in
particular have been active in developing action plans, training modules and
activities, surveys and mappings that concern the identification and further
protection of the rights of vulnerable persons, with a specific focus on women,
children and unaccompanied minors, and issues of legal guardianship and its key
role for child victims or potential victims of THB.
The agencies’ most
relevant activities under this priority included the following:
-     With
support from Frontex, FRA carried out a study on fundamental
rights at large airports in the EU, which looked inter alia at whether
and how border guards are equipped to identify potential THB victims and refer
them to the national protection authorities. The findings were presented to the
Operational Heads of Airports Conference organised by Frontex in March
2014 and a report will soon be available on FRA’s website;
-     The strategic
project on Eurojust’s action against THB[34] analysed the
difficulties encountered in identifying THB victims and Member States’ action
to ensure that they are assisted and protected. The main findings and
recommendations were presented to the Standing Committee on Operational
Cooperation on Internal Security (COSI)[35]
on 11 February 2013. The project has continued in 2014 to analyse THB cases
registered by Eurojust in 2012 and 2013;
-     FRA
conducted a large-scale survey exploring women’s experiences of violence, with
input from EIGE as part of the expert group assigned to follow the survey.
The survey was based on interviews with 42 000 women. The results (March
2014)[36]
show that victims of serious violence usually approach healthcare services rather
than reporting to the police. Although THB was not specifically covered by the
survey, a number of its findings apply to women victims of THB;
-     EASO is mapping
and analysing Member State asylum authorities’ current practices as regards
identifying vulnerable applicants (including victims of THB). A meeting at EASO
premises last June on the identification of persons with special needs led to EASO
setting up a working group composed of Member State experts tasked with developing
a practical tool for identifying such persons (including victims of THB);
-     In
March 2014, EASO organised a first experts’ meeting on THB and asylum with
support from the Commission and participation from CEPOL, FRA, EIGE,
Eurojust, Europol and Frontex. The meeting focused on identifying Member
States’ main interests as regards THB; these may be addressed in subsequent meetings;
-     Frontex produced
a Handbook on THB Risk Profiles to be used by border control and other law
enforcement authorities, and during Frontex joint operations. The aim is more efficient
detection and dismantling of criminal groups in cooperation, inter alia,
with Europol and Eurojust. The Handbook is now part of the
permanent risk analysis programme and will be updated every year;
-     Under
the Action Plan on Unaccompanied Minors (2010-14), EASO (with Commission
and FRA support) focused on the prevention of trafficking of children in
an updated version of its training module on interviewing children. EASO
published Age assessment practice in Europe,[37] a useful guide for
officials dealing with child victims of THB, in December 2013 and held several
expert meetings on children on topics such as safe return to avoid
re-trafficking and the role of guardians in protecting the best interests of
child or potential victims of THB;
-     In
close cooperation with the Commission and the EU ATC, FRA produced a Handbook
on Guardianship for Children deprived of Parental Care,[38] aiming to reinforce
guardianship systems to cater for the specific needs of child victims of
trafficking. The Handbook provides specific guidance for Member State
officials and guardians on how guardianship systems and individual guardians
can cater for the particular needs of child THB victims and protect their
rights;
-     Frontex is
currently developing a handbook with practical guidelines for border guards on
how to identify children in need of protection at border crossing points. The
aim is to formulate a comprehensive EU approach on child trafficking by
collecting best practices from air border authorities that already have systems
in place at airports. These practices were merged in 2014, with the support of
international organisations and FRA, in an EU manual focusing on the law
enforcement perspective. They will be shared with a wide range of stakeholders
and non-law enforcement operators. The manual will be tested in autumn 2014;
-     In
June 2014, Europol organised an experts’ conference[39] where child trafficking
was one of two topics in the spotlight. The conference attracted broad
participation, from CEPOL, EASO, Eurojust and Frontex,
Member State law enforcement officers and experts from international and
non-governmental organisations, who looked into the investigation of
cross-border child trafficking cases and the protection of the victims;
-     To
provide information on victims’ rights, FRA is compiling tables with an overview
of generic victim support services in the 28 Member States, which are also
relevant for victims of trafficking, for publication on its website; and
-     With FRA
support, CEPOL has been raising fundamental rights awareness through
courses on human rights and police ethics.[40]
The focus has been on victims’ rights and the challenge of protecting
fundamental rights while implementing the law. In 2014, Germany held a CEPOL
webinar on police and human rights, outlining the roles of the relevant EU
institutions in this context; this was supported by Lithuania and FRA, and
attended by 94 participants from 21 countries, Frontex and Interpol.
CEPOL also hosted a presentation by the EU ATC in the context of a
webinar[41]
in 2014 which focused on the EU ATC’s efforts to ensure implementation of
Directive 2011/36/EU and the EU Strategy.
PRIORITY
B:  STEPPING UP THE PREVENTION OF THB
The JHA agencies’
contributions and cooperation in this area involved awareness‑raising and
training on prevention programmes and demand reduction; they included:
-     In
2013 and 2014, Sweden organised a CEPOL course on THB prevention
mechanisms, with a specific focus on demand reduction.[42] Topics included
international cooperation, with examples from Sweden, Poland and Belgium. Europol
provided an expert on each occasion. (In November 2012, this course had been organised
by CEPOL itself, with Frontex contributing);
-     Europol
regularly organises Europol Roadshows aimed at raising awareness of its activities
among Member State law enforcement agencies working in the field. In 2013, three
roadshows (in Portugal, Spain and Slovakia) specifically covered THB; and
-     In
2013, CEPOL organised a webinar on best practices in THB prevention programmes,[43] involving a
presentation by a Frontex expert on the early identification of victims
and perpetrators, profiling, collecting intelligence, inter-agency cooperation
and training.
PRIORITY
C:  INCREASED PROSECUTION OF TRAFFICKERS
The JHA agencies
have sought to carry out more joint investigations and extend cross-border police
and judicial cooperation:
-     In
2014, CEPOL updated its Common Curriculum on Money Laundering[44] with the support of Europol
in order to raise awareness of the importance of including financial
investigators in THB cases. The CEPOL Common Curriculum on THB was updated with
the support of EASO, Europol, Frontex and Eurojust to focus more
on this issue. Eurojust’s Action Plan against THB encourages Member
States to conduct financial investigations in THB cases with support from
Eurojust and Europol;
-     In
2012, Eurojust initiated a Strategic Project on Eurojust’s action
against THB.[45]
The project and action plan address problems relating to the low number of
investigations and prosecutions in the Member States, insufficient coordination
of simultaneous action, financial investigations and asset recovery, and the
setting‑up and functioning of joint investigation teams (JITs) in THB
cases, proposing solutions and possible action. The report and the action plan
(for 2012-16) were first presented at the 6th EU Anti-Trafficking Day in
Brussels on 18 October 2012. A mid-term evaluation report on the implementation
of the action plan will be published in November 2014. The follow‑up
includes action focused on increasing the number of investigations and
prosecutions, and promoting the involvement of Eurojust and Europol
in all cross‑border THB cases, in accordance with their mandates. Eurojust
further supports Member States with coordination meetings, coordination centres
and JITs. Europol is an associated partner in 5 JITs;
-     Europol
has
actively supported implementation of the EMPACT THB project[46] under the first (2011-13)
and subsequent (2013-17) policy cycles,[47]
which have strong links to the EU Strategy. In 2013, in cooperation with Eurojust
and Frontex, Europol published the Serious and Organised Crime
Threat Assessment, on the basis of which THB was identified as a priority for
the fight against serious and organised crime. The project seeks to foster a
multidisciplinary, integrated and integral approach to address THB effectively
and has been converted into operational action plans (OAPs). It started with 14
Member States, but four new Member States joined in 2012 and another five in
2013. Also in 2013, Europol organised three OAP meetings, where
Eurojust, Frontex, CEPOL and the Commission were all represented;
-     CEPOL supports
the EMPACT THB project by giving it the opportunity to publicise it work to a
wider law enforcement audience by means of an annual webinar;[48] 
-     Frontex has produced
a handbook on the detection and disruption of criminal organisations involved
in THB and smuggling at external air borders. It sets out best practices to
counter smugglers and traffickers;
-     In
2013-14, the Europol operational THB project (Analytical Work Files SOC-
Focal Point Phoenix) received 4 514 national contributions relating to 555
new cross-border investigations initiated by the Member States. In this period,
Focal Point Phoenix supported 33 high-profile cross‑border operations,
providing tailor-made operational support to the competent investigating teams.
Of these, 10 were supported in close cooperation with Eurojust; and
-     Lastly,
as regards increasing cooperation beyond borders, in the context of EMPACT THB Europol
and Eurojust joined (as associate partners) two ISEC[49] projects aimed inter
alia at strengthening judicial cooperation on THB matters with Nigeria
(ETUTU) and China (Chinese THB, in which Frontex also participates).
They also both take part in the ISEC project on the use of JITs to fight THB in
the Western Balkans at local level.
PRIORITY
D:  ENHANCED COORDINATION, COOPERATION AND POLICY COHERENCE
This priority is
at the core of the JHA agencies’ coordination effort, as it refers to
cooperation between key actors. The agencies’ focus is on creating a high
level of public awareness and developing training programmes that enhance
synergies across EU agencies. Inter-agency coordination also concerns the
external dimension, judicial cooperation with non-EU countries and facilitating
investigations beyond the EU’s borders. Training for those working in the field
plays a very important role.
-     The CEPOL
Common Curriculum on THB is currently being updated with the support of experts
from the Member States and from Europol, Eurojust, Frontex and EASO.
This is a tool to support the standardisation and promote the consistency of THB
training content in order to ensure the success of cross-border cooperation. In
2013, CEPOL produced an e-learning module on THB[50] with support from Frontex,
Europol, Eurojust, FRA and EIGE;
-     A CEPOL
course on the EU approach to THB was delivered in 2013 and 2014 in close
cooperation with the EMPACT Group on THB and Europol.[51] Eurojust contributed
to the course. Topics included international cooperation, JITs and methods of
investigation and gathering intelligence. Lithuania is planning to hold the course
in September 2014, with Europol and Frontex experts among the
trainers and a representative from the EMPACT Group;
-     In
2014, 10 officials took part in CEPOL’s European Police Exchange Programme,
under which law enforcement officers in different countries visit each other,
exchange good practices on THB and learn about THB policing across the border;
-     The
Frontex THB training manual, which includes a toolkit and was developed in
close cooperation with experts from Member States, Schengen associated countries,
JHA agencies including CEPOL and Europol, and
international organisations focuses on the role of first and second line
officers in combating THB. The manual will be translated into all EU languages.
It is the basis for training for non‑EU countries’ border guards and is
updated on a regular basis. In 2014, two three-day training courses were held
for trainers from Member States, with the participation of the Frontex
partnership academies;
-     EASO
mainstreams awareness on THB issues in all its training materials. In particular,
with the support of the Commission, it has been updating its ‘interviewing vulnerable
persons’ training module to equip asylum officers with the skills to identify
vulnerability indicators, including the ability to identify potential THB victims
and prepare them for the asylum interview taking into account their special
needs. EASO has also recently updated its ‘country of origin information’ (COI)
module, introducing a distinct section on ‘research on trafficking’; and
-     EASO has
set up a reference group to support the development and updating of EASO
training material, of which the Commission is a core member. Other EU
agencies may take part according to the material to be developed and their
field of expertise.
PRIORITY
E:  INCREASED KNOWLEDGE OF AND EFFECTIVE RESPONSE TO EMERGING CONCERNS RELATING
TO ALL FORMS OF THB
One way in which
JHA agencies can inform each other and the Member States of all ongoing or
upcoming trends, in order to ensure a timely response, is by collecting data. Efforts
have therefore been stepped up to improve the collection, accessibility
and sharing of information on trafficking victims and organised crime groups.
Efforts have also been made to develop knowledge on the gender dimension of THB
and to target all forms of trafficking for human exploitation:
-     Eurojust and Europol
have established a secure connection for the exchanging of e‑mails and
operational information. Europol shared with the other agencies early warning
notifications on:
o  a new trend
relating to trafficking victims and organised criminal groups involved in
marriages of convenience; and
o  the exploitation
of trafficking victims in pantomime activities;
-     A
pilot project is being developed by EASO, with the involvement of Europol,
Eurojust and Frontex, in the framework of the Commission’s Communication
to the European Parliament and the Council on the work of the Task Force
Mediterranean.[52]
It aims to collect information during the asylum process on routes and modi
operandi that facilitators of irregular migrants and traffickers use and
then to analyse trends and profiles with a view to a possible wider use of the
methodology and lessons;
-     To
help develop knowledge relating to the gender dimension of THB, EASO (with
Commission, FRA and EIGE support) is working on a new ‘gender,
gender identity and sexual orientation’ training module (expected December
2014);
-     One
day of a Europol expert conference in June 2014 (also attended by experts
from Eurojust, Frontex and CEPOL) was devoted to the use of the
internet and online recruitment in the context of THB; and
-     CEPOL’s 2014
webinar on the OAP on THB (62 attendees) included a presentation on labour exploitation,
which will be an action point in the coming years in the EMPACT Group’s OAP.
4.    NEXT
STEPS
The JHA agencies
are committed to continued cooperation and joint activities addressing THB in a
coordinated, coherent and comprehensive manner in line with the joint statement.
When working with Member States, they should make a special effort to encourage
the comprehensive and coherent implementation of Directive 2011/36/EU. The
Commission, in particular the EU ATC, will monitor progress in line with the EU
Strategy. 
As part of the
multi-disciplinary approach that THB requires, the agencies’ cooperation is a
key element of the Strategy to eradicate the phenomenon. The agencies are encouraged
to continue discussing THB in the meetings of their network, with the
Commission’s participation, in order further to enhance their practical cooperation
in this field.
[2]     Communication on The EU
Strategy towards the Eradication of Trafficking in Human Beings 2012–2016
(COM(2012) 286 final).
[3]     The Member States were
consulted via Council Working Group GENVAL on the basis of an informal
questionnaire prepared by the Commission.
[4]     OJ L 101, 15.4.2011,
p. 1.
[5]     All Member States except
Denmark participate in the implementation of the Directive.
[6]     Directive 2004/81/EC 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, p. 19).
[7]
    L
315/57,14.11.2012
[8]     L 261/15, 6.8.2004
[9]     Communication on The
Global Approach to Migration and Mobility (COM(2011) 743 final).
[10]    Member States are
to facilitate the EU ATC’s tasks, transmitting the reports prepared by the
NREMs under Article 19 of the Directive on the basis of which the EU ATC is to
contribute to the Commission’s two‑yearly progress reports.
[11]    Communication on An
open and secure Europe: making it happen (COM(2014) 154 final).
[12]    http://ec.europa.eu/anti-trafficking/.
[13]    http://ec.europa.eu/anti-trafficking/EU+Policy/Guidelines_identification_victims.
[14]    http://ec.europa.eu/dgs/home-affairs/e-library/docs/thb_victims_rights/thb_victims_rights_en.pdf.
[15]    http://www.eurofound.europa.eu/research/projects.htm.
[16]    The
European Forum on the Rights of the
Child was launched following the 2006 Commission Communication Towards
an EU strategy on the Rights of the Child (COM(2006) 367 — not published in
the Official Journal). The Forum is chaired by the Commission and meets
annually as a permanent group to promote
children’s rights in the EU’s internal and external action. Its
role is to advise
and assist
the Commission and other European institutions, in particular as regards the
mainstreaming of children’s rights across all EU policies, and to exchange
information and good practices.
[17]    http://ec.europa.eu/anti-trafficking/EU+Policy/Guardianship_for_children_deprived_of_parental_care.
[18]    Details of all
funded projects are available on the EU anti-trafficking website: http://ec.europa.eu/anti-trafficking/EU+Projects/;jsessionid=GQDmT0TWJhd5nvK7VnlqkCC8vLPf8wlwngBJx8QVyRlygfykGlvN!-684101059.
[19]    Directive
2009/52/EC of 18 June 2009 providing for minimum standards on sanctions and
measures against employers of illegally staying third-country nationals (OJ L
168, 30.6.2009, p. 24).
[20]  Directive 2014/42/EU
of 3 April 2014 on the freezing and confiscation of instrumentalities and
proceeds of crime in the European Union (OJ L 127/39).
[21]
 The
asset tracing requests exchanged between Asset Recovery Offices in the Europol
SIENA system have increased from 471 in 2012 to 2251 in 2013. The quality of
the information provided has also improved. 
[22]    The European
Police College (CEPOL), the EU Judicial Cooperation Unit (Eurojust), the EU law
enforcement agency (Europol), the European Asylum Support Office (EASO), the
European Institute for Gender Equality (EIGE), the EU Agency for Fundamental
Rights (FRA) and the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union
(Frontex).
[23]    http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/jha/137401.pdf.
[24]    http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/108312.pdf.
[25]    http://ec.europa.eu/anti-trafficking/EU+Policy/EU_s_fifth_Anti_Trafficking_day.
[26]    http://ec.europa.eu/anti-trafficking/EU+Policy/Action_Oriented_Paper_on_strengthening_the_EU_external_dimension_on_action_against_THB.
[27]    http://ec.europa.eu/anti-trafficking/EU+Policy/Second_report_AOP.
[28]    Priority countries
and regions are grouped in three categories:             
I. Albania, Brazil, China, Dominican Republic, Morocco, Nigeria, Russian
Federation, Turkey, Ukraine and Vietnam;        
II. Candidate and potential candidate countries in the Western Balkans,
countries covered by the European Neighbourhood Policy, both Eastern
Partnership and Southern Mediterranean countries; and              
III. Community of Latin America and Caribbean States (CELAC) countries (in
particular Paraguay and Colombia), the Silk Route region (in particular India),
South‑East Asian countries (in particular Thailand, Laos, Cambodia and
the Philippines) and Western Africa (in particular Sierra Leone).
[29]    The European
Refugee Fund, the European Fund for the Integration of non-EU nationals, the
External Borders Fund and the Return Fund. It also includes other instruments,
such as the European Migration Network and the Pilot Project on Resettlement.
[30]    Some of these
instruments changed from 2014, under the new (2014-20) MFF: ENPI is now ENI;
the Thematic Migration and Asylum Programme is now included in the Global
Public Goods and Challenges (GPGC) Programme; and the Instrument for Stability
is now the Instrument contributing to Peace and Stability.
[31]    Communication on An
open and secure Europe: making it happen (COM(2014) 154 final).
[31]     The European
Police College (CEPOL), the EU Judicial Cooperation Unit (Eurojust), the EU law
enforcement agency (Europol), the European Asylum Support Office (EASO), the
European Institute for Gender Equality (EIGE), the EU Agency for Fundamental
Rights (FRA) and the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union
(Frontex).
[32] http://ec.europa.eu/anti-trafficking/download.action?nodePath=/EU+Policy/Joint+statement+of+the+Heads+of+the+EU+Justice+and+Home+Affairs+Agencies.pdf&fileName=Joint+statement+of+the+Heads+of+the+EU+Justice+and+Home+Affairs+Agencies.pdf&fileType=pdf

[33]     http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0036.
[34]     http://www.eurojust.europa.eu/doclibrary/Eurojust-framework/Casework/Eurojust%20action%20against%20trafficking%20in%20human%20beings%20(October%202012)/THB-report-2012-10-18-EN.pdf.
[35]     http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/internal-security/cosi/index_en.htm.
[36]     http://fra.europa.eu/en/publication/2014/vaw-survey-main-results.
[37]     http://easo.europa.eu/wp-content/uploads/AA.png.
[38]     http://fra.europa.eu/en/publication/2014/guardianship-children-deprived-parental-care-handbook-reinforce-guardianship.
[39]     https://www.europol.europa.eu/content/increased-focus-link-between-internet-and-human-trafficking.
[40]    2013: 29
participants from 19 Member States (70 %); 2014: 27 participants from 24
Member States (86 %).
[41]    A webinar is an
online seminar.
[42]    2013: 27
participants from 18 Member States; 2014: 28 participants from 22 Member
States.
[43]    48 attendees.
[44]    https://www.cepol.europa.eu/education-training/trainers/common-curricula/money-laundering.
[45] http://eurojust.europa.eu/doclibrary/corporate/Casework%20publications/Eurojust%20action%20against%20trafficking%20in%20human%20beings%20(October%202012)/THB-report-2012-10-18-EN.pdf.
[46]    The EMPACT THB
Group is a multilateral cooperation platform to address THB at EU level. It is
part of the intelligence-led policing approach to tackling organised crime,
identifying priorities and establishing an international team-work approach to
bringing down criminal groups that threaten the security of the EU.
[47]    http://ec.europa.eu/dgs/home-affairs/what-we
do/policies/pdf/4_council_conclusions_on_the_policy_cycle_en.pdf.
[48]    See point 2.5.
[49]    Prevention of and
fight against crime.
[50]    https://enet.cepol.europa.eu/index.php?id=courses-elearning&no_cache=1.
[51]    2013: 27
participants from 18 Member States.
[52]    http://ec.europa.eu/dgs/home-affairs/what-is-new/news/news/docs/20131204_communication_on_the_work_of_the_task_force_mediterranean_en.pdf.