REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the progress made in the fight against trafficking in human beings (2016) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Date: 2016-05-19
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, data collection, data transmission, fight against crime, help for victims, human rights, organised crime, prostitution, slavery, trafficking in human beings

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 19.5.2016  COM(2016) 267 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Report on the progress made in the fight against trafficking in human beings (2016) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims {SWD(2016) 159 final}  
 
 
I. 

CONTEXT 

Trafficking in human beings is the buying, selling and exploitation of adults and children. It is 
a  phenomenon  which  has  a  detrimental  effect  on  individuals,  society,  and  the  economy. 
Traffickers  exploit  people’s  vulnerabilities, which  may  be  exacerbated  by factors such as 
poverty,  discrimination,  gender  inequality,  violence  against  women,  lack  of  access  to 
education, ethnic conflict, and natural disasters.  

Trafficking in human beings is a crime driven by demand and profit. The profits, in both 
the legal and illegal economies, result in a complex interplay between supply and demand that 
must be addressed if the crime is to be eradicated. 

Trafficking  in  human  beings  is  a  gross  violation  of  fundamental  rights,  and  is  explicitly 
prohibited under the Charter of Fundamental  Rights of the  European Union. It is also 
listed as a crime in Article 83 of the Treaty on the Functioning of the European Union. Crimes 
listed in Article 83 are known as ‘Euro crimes’. These are particularly serious crimes with a 
cross-border dimension. 

Cooperation  and  coordination  between  Member  States  is  therefore  essential,  as  reflected  in 
Directive  2011/36/EU  on  preventing  and  combating  trafficking  in  human  beings  and 
protecting  its  victims1 (‘the anti-trafficking Directive’). Article 20 of the directive provides 
that, in order to contribute to a coordinated and consolidated EU strategy against trafficking, 
‘Member  States  shall  transmit  to  the  Anti-Trafficking  Coordinator  (ATC)  the  information 
referred to in Article 19, on the basis of which the ATC shall contribute to reporting carried 
out by the European Commission every two years on the progress made in the fight against 
trafficking in human beings’. 

To  this  end,  the  Commission  appointed  an  EU  Anti-Trafficking  Coordinator,  who  is 
institutions, 
responsible 
EU agencies,  the  Member  States  and  international  actors,  and  for  developing  new  and 
improving existing EU policies to tackle trafficking in human beings.2 

improving  coordination  and  consistency  between  EU 

for 

This is the first Commission report on trafficking in human beings since the adoption of 
the anti-trafficking Directive. In accordance with Recital 27 and Article 19 of that directive, 
the report is divided into three main sections: trends in trafficking in human beings, results of 
specific  anti-trafficking  actions,  and  statistics  provided  by  the  Member  States.  It  is 
accompanied by a staff working document3 that provides detailed and comprehensive factual 
information  complementing  information  included  in  this  report.  Furthermore,  the  report 
examines action taken by the Commission and any other relevant stakeholders under the EU 

1   http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32011L0036 
2   https://ec.europa.eu/anti-trafficking/eu-anti-trafficking-coordinator_en  
3   SWD(2016) 159. 

2 

 
 
                                                 
Strategy  towards  the  eradication  of  trafficking  in  human  beings  2012-20164 (‘the  EU 
Strategy’).  The  findings  of  this  report  are  used  to  highlight  the  Commission's  policy 
orientation  and  will  feed  into  the  development  of  a  post-2016  strategy  on  trafficking  in 
human beings to be published in 2016.  

In  addition,  the  report  examines  key  EU  policies  that  address  trafficking  in  human  beings, 
including  the  European  Agenda  on  Migration;5 the  European  Agenda  on  Security;6 the  EU 
Action  Plan  against  migrant  smuggling  2015-2020;7 the  Action  Plan  on  Human  Rights  and 
Democracy  2015-2019;8 the  new  framework  for  the  EU’s  activities  on  gender  equality  and 
women’s  empowerment  in  the  EU’s  external  relations  for  2016-2020 9  and  the  Strategic 
engagement of the EU for gender equality 2016-2019.10 

This report focuses on issues that highlight the comprehensive approach of the anti-trafficking 
Directive  and  the  EU  Strategy.  In  particular,  it  examines  the  progress  made  on  the 
implementation  of  ‘the  three  Ps’,  prosecution  (with  a  focus  on  financial  investigations), 
protection (with a focus on setting up national referral mechanisms) and prevention (with a 
focus on action taken by Member States to prevent the crime as provided by Article 18 of the 
Anti-Trafficking Directive). 

The  report  is  based  on  information  from  three  main  sources:  information  gathered  by  the 
National  Rapporteurs  or  equivalent  mechanisms  (‘NREMs’)  and  submitted  to  the  EU’s 
Anti-Trafficking Coordinator by the Member States pursuant to Articles 19 and 20 of the anti-
trafficking  Directive;  contributions  submitted  by  civil  society  organisations  participating  in 
the  EU  Civil  Society  Platform  against  trafficking  in  human  beings11 and  the  EU  Civil 
Society  e-Platform;  and  information  from  the  relevant  EU agencies,  international  and 
regional organisations. 

The information submitted by Member States mainly covers the period 2011-2013. However, 
the report also contains more up-to-date information, including statistical data for the years 
2013-2014.12 

4   http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52012DC0286 
5  http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/background-

information/docs/communication_on_the_european_agenda_on_migration_en.pdf 

6   http://ec.europa.eu/dgs/home-affairs/e-library/documents/basic-

documents/docs/eu_agenda_on_security_en.pdf  

7   http://ec.europa.eu/dgs/home-affairs/e-

library/documents/policies/asylum/general/docs/eu_action_plan_against_migrant_smuggling_en.pdf 

8   https://ec.europa.eu/anti-

trafficking/sites/antitrafficking/files/joint_communication_on_human_rights_and_democracy_en.pdf  

9   http://ec.europa.eu/europeaid/sites/devco/files/staff-working-document-gender-2016-2020-20150922_en.pdf  
10   http://ec.europa.eu/europeaid/sites/devco/files/staff-working-document-gender-2016-2020-20150922_en.pdf  
11   All  information  about  the  EU  Civil  Society  Platform  is  available  on  the  dedicated  Commission  website: 

http://ec.europa.eu/anti-trafficking/. 

12   A specific request for statistical data for the years 2013 and 2014 was sent to Member States in December 

2015. 

3 

 
 
                                                 
II.  TRENDS AND CHALLENGES IN ADDRESSING TRAFFICKING 

IN HUMAN BEINGS IN THE EU 

Assessing the exact scale of the complex crime of trafficking in human beings at EU level is 
difficult  because  of  its  links  with  other  criminal  activities  and  the  differences  in  national 
legislation.  In  recent  years,  the  Commission,  through  Eurostat,  has  been  collecting  relevant 
statistics. The latest  Eurostat  report  on  trafficking in human  beings13 was published in 2015 
and covers the period 2010-2012. 

The trends in the statistical data for the period  2013-201414 provided by the Member States 
for this report are consistent with the trends in the previous period.  It is important to stress 
that this data refers to ‘registered victims’ (both identified and presumed)15. However, given 
the complexity of the phenomenon, there are solid grounds to expect that the actual numbers 
of victims of trafficking in the EU are indeed substantially higher. 

 

In  total  there  were  15 846  ‘registered  victims’  (both  identified  and  presumed)  of 
trafficking in the EU.  

  Trafficking for the purpose of sexual exploitation is still the most widespread form (67 % 
of registered victims), followed by labour exploitation (21 % of registered victims). The 
other 12 % were registered as victims of trafficking for other forms of exploitation. 

  Over three quarters of the registered victims were women (76 %).   

  At least 15 % of the registered victims were children16. 

  65 % of registered victims were EU citizens.   

  The  top  five  EU  countries  of  citizenship  for  registered  victims  in  2013-2014  were 
Romania, Bulgaria, the Netherlands, Hungary, and Poland. These are the same countries 
as for the years 2010-2012.   

  The  top  five  non-EU  countries  of  citizenship  were  Nigeria,  China,  Albania,  Vietnam 

and Morocco. 

13   https://ec.europa.eu/anti-

trafficking/sites/antitrafficking/files/eurostat_report_on_trafficking_in_human_beings_-_2015_edition.pdf  
14   Data  was  collected  for  this  report  as  part  of  an  interim  and  simplified  exercise  carried  out  after  the 
publication of the two Eurostat working papers on trafficking in human beings and before any other future 
official data collection. For more information on how the Commission collects trafficking data, please see the 
Eurostat statistical working paper, ‘Trafficking in human beings’, 2015 edition. 

15    In  accordance  with  the  definition  in  the  anti-trafficking  Directive,  the  term  ‘identified  victim’  refers  to  a 
person  who  has  been  formally  identified  by  relevant  authorities  as  a  victim  of  trafficking.  The  term 
‘presumed victim’ is used for a victim of trafficking who has met the criteria of the EU Directive but has not 
formally been identified by the competent authorities as a victim, or has declined to be formally and legally 
identified  as  a  victim  of  trafficking.  Some  Member  States  have  included  both  categories  in  their  data 
collection, whereas others only include one of the two categories. 

16   Based on the partial age-disaggregated data provided by the Member States. 

4 

 
 
 
                                                 
  6 324  people  had  formal  contact  with  the  police  or  the  criminal  justice  system 17  in 

connection with the crime of trafficking in human beings.18 

 

In  total,  4 079  prosecutions  and  3 129  convictions  for  trafficking  in  human  beings  were 
reported in the EU. 

More  detailed  analysis  of  the  statistical  data  is  available  in  the  staff  working  document 
accompanying this report. 

Compared on an annual basis, the total number of registered victims in the data for 2013-2014 
is lower than that recorded in the Eurostat working paper for 2010-2012 (8 034 in 2013 and 
7812 in 2014; as compared to 9 710 in 2010, 9 438 in 2011 and 10 998 in 2012). Although the 
data collection methods used for both periods were similar, it would not be advisable at this 
stage to compare the data,  either between the two exercises or across individual years, due to 
possible  differences  in  recording  methods  and  legal  definitions.  For  this  reason,  the 
discrepancy in the annual totals, and in particular the reasons why fewer victims of trafficking 
were  registered,  are  issues  that  need  to  be  explored  and  analysed  further.  Furthermore,  the 
consistency  in  terms  of  victims’  countries  of  origin,  countries  of  destination,  the  forms  of 
exploitation and the age and gender profile of victims over the five-year period (2010-2014) 
shows that, despite the efforts made, the situation has not changed.19 

On  the  basis  of  this  evidence,  it  is  important  that  Member  States  continue  efforts  to 
improve the collection of data (age- and gender-disaggregated) on trafficking in human 
beings to monitor the phenomenon. Data collection is equally important for measuring the 
impact  of  action  to  address  trafficking.  The  consistency  of  the  statistical  trends  in  the  two 
periods  suggests  that  Member  States  should  step  up  efforts  to  investigate  the  crime, 
prosecute  perpetrators  and  identify  potential  victims.  The  Commission  is  committed  to 
supporting  the  Member  States  in  their  efforts  to  do  this.  This  will  involve  issuing  better 
guidance  and  collecting  data  on  additional  indicators  to  improve  the  reliability  and 
comparability of data. 

Trends in forms of exploitation 

Trafficking in human beings is a social phenomenon that takes many forms. It develops over 
time,  often  according  to  demand  and  the  inventiveness  of  traffickers.  The  list  of  different 
forms  of  exploitation  in  the  anti-trafficking  Directive  is  non-exhaustive  so  that  new 
exploitative forms can be included under the definition of trafficking in human beings.  

17   May  include  persons  suspected,  arrested  or  cautioned  for  a  criminal  offence  at  the  national  level.  For 
definition please see the Eurostat Crime and Criminal Justice Metadata in Euro SDMX Metadata Structure 
(ESMS)   http://ec.europa.eu/eurostat/cache/metadata/en/crim_esms.htm 

18   Not all Member States have provided data on the criminal justice process. Furthermore, although the majority 
of  Member  States  refer  to  individual  people,  some  Member  States  refer  to  cases  or  offences  rather  than 
individual people.   

19   These  findings  are  also  mirrored  in  ‘Europol  Situation  Report:  Trafficking  in  human  beings  in  the  EU', 

February 2016. 

5 

 
 
                                                 
should  allocate  anti-trafficking  resources 
Member  States  and  other  actors 
proportionately  to  tackle  effectively  all  forms  of  trafficking  in  human  beings,  including 
emerging forms, and ensure that trafficking trends are monitored. 

  Trafficking for the purpose of sexual exploitation 

Trafficking  in  human  beings  for  the  purpose  of  sexual  exploitation  is  still  by  far  the  most 
prevalent  form  of  trafficking  in  the  EU.  According  to  statistical  data  for  2013-2014,  there 
were 10 044 registered victims (67 % of total registered victims) of this type of exploitation, 
which  primarily  affects  women  and  girls  (95 %  of  registered  victims),  although  a  few 
Member  States  have  reported  an  increase  in  the  number  of  male  victims.  The  majority  of 
victims are found in the sex industry. The information available suggests that traffickers are 
increasingly  shifting  from  visible  to  less  visible  forms  of  trafficking  for  sexual  exploitation 
and that they are abusing the ‘self-employed’ status. 

According  to  Europol,  ‘in  countries  where  prostitution  is  legal  and  regulated,  it  is  possible 
that sex work is affected by the demand for cheap labour’ and in those countries ‘it is much 
easier for traffickers who wish to use a legal environment in order to exploit their victims’. 20 
Patterns are also changing, with a shift from visible to less visible forms of prostitution.   

The data collected for this report suggests that, despite the efforts made so far, trafficking for 
sexual  exploitation  has  not  been  tackled  effectively  and  has  not  decreased.  Member  States 
should continue and even intensify efforts to combat trafficking for sexual exploitation. 

  Trafficking for the purpose of labour exploitation 

Several  Member  States  have  reported  that  trafficking  in  human  beings  for  the  purpose  of 
labour  exploitation  is  on  the  rise  (21 %  of  total  registered  victims).  Member  States  are  also 
reporting an increase in the number of male victims of this type of trafficking, for example in 
the  agricultural  sector.  Statistical  data  for  2013-2014  show  that  74 %  of  registered  labour 
exploitation victims were male.21  

Traffickers exploit loopholes in enforcement or control of legislation on work permits, visas, 
labour  rights  and  working  conditions.  Trafficking  for  labour  exploitation  is  by  no  means  a 
new phenomenon in the EU and, as a result of the economic crisis, demand for cheap labour 
has increased22, with people trafficked into and within the EU to carry out unpaid or very low-
paid work, living and working in conditions that do not respect their human dignity. 

Domestic servitude is a form of trafficking for labour exploitation that is particularly difficult 
to detect. It primarily affects women and girls. As it occurs in private households, victims are 
often isolated, with limited or no opportunities to report or escape the exploitation. 

20   ibid. 
21   According  to  Member  States,  the  main  sectors  in  which  male  victims  are  exploited  are  agriculture, 
construction,  hotel  and  catering  services,  manufacturing,  and  domestic  work.  Female  victims  are  primarily 
exploited in domestic work. 

22   As reported by Europol in its 'Situation Report – Trafficking in human beings in the EU', February 2016. 

6 

 
 
                                                 
While it is important to stress that not all exploitative situations in the EU labour market are a 
result of trafficking in human beings, some may be. In these cases all victims of trafficking 
for labour exploitation must be properly identified and helped.  

  Trafficking for other forms of exploitation 

According to statistical data for 2013-2014, other forms of exploitation account for 12 % of 
the total number of victims. 

Other forms of exploitation reported by the Member States include trafficking for the purpose 
of  forced  begging,  criminal  activity,  forced  marriage,  sham  marriage,  or  organ  removal, 
trafficking of infants and young children for adoption, trafficking of pregnant women to sell 
their  new-born  babies,  trafficking  for  the  production  of  cannabis  and  trafficking  for  drug 
smuggling or the selling of drugs. 

Member  States  are  also  reporting  cases  in  which  people  fall  victim  to  multiple  forms  of 
exploitation, for example where they are trafficked for both labour and sexual exploitation, or 
trafficked for labour exploitation and also forced to engage in criminal activity. 

Reports  from  the  Member  States  suggest  that  the  exploitation  of  people  with  physical, 
mental and developmental disabilities is on the rise. An increase has also been reported in 
trafficking  of people with a Roma  ethnic background  for  the  purpose  of  forced  begging. 
Victims of trafficking are also being used as drug mules, exploited in cannabis cultivation 
or used to commit benefit fraud. Member States also report that pregnant women are being 
recruited and forced to sell their new-born babies. 

Forced  marriages23 and  sham  marriages  are  increasingly  reported  in  the  context  of 
trafficking  in  human  beings  by  Member  States.  Europol  indicates  that  it  is  possible  to 
expect that the current migration and refugee crisis will result in more forced marriages due to 
the increased attempts by migrants and asylum-seekers to gain legitimate residency.24  

Trends in child trafficking 

Child  trafficking  is  reported  by  Member  States  as  one  of  the  trends  that  is  increasing 
most  sharply  in  the  EU.  The  statistical  data  for  2013-2014  show  that  out  of  the  15 846 
registered victims of trafficking in the EU, at least 2 375 were children.25  

23   Please  note  that  Member  States  use  the  terminologies  in  different  ways  but  often  to  indicate  similar 
phenomena, especially as regards sham marriages and marriages of convenience. For definitions used under 
EU law on free movement of EU citizens, please refer to the Handbook on addressing the issue of alleged 
marriages  of  convenience  between  EU  citizens  and  non-EU  nationals  in  the  context  of  EU  law  on  free 
movement of EU citizens, SWD(2014) 284  http://ec.europa.eu/justice/citizen/files/swd_2014_284_en.pdf  

24   Europol Situation Report: Trafficking in human beings in the EU, February 2016. 
25   Age  information  was  only  available  for  13841 of  the 15846  registered victims.  Therefore  the  actual  figure 

may be higher. 

7 

 
 
                                                 
Trafficking networks target socially and economically disadvantaged families and push 
families into debt  which  they  cannot repay. In this context, children are taken away from 
parents as a form of debt repayment. 

Children  are  one  of  the  most  vulnerable  groups  targeted  by  traffickers.  Organised  crime 
groups choose to traffick children as they are easy to recruit and quick to replace.26 Although 
child  trafficking  is  prevalent  in  situations  unrelated  to  migration,  the  information  received 
suggests that the phenomenon has  been exacerbated by the ongoing migration crisis, during 
which  the  number  of  children  arriving  in  the  EU  has  risen  exponentially.27 A  significant 
proportion  of  those  children  are  unaccompanied,  travelling  to  and  in  the  EU  without  a 
responsible adult, or left unaccompanied after entering the EU. 

Identifying  children  who  are  victims  of  trafficking  and  establishing  their  true  identity  is  a 
growing problem, as their vulnerability makes them a preferred target for traffickers. 

Child  trafficking  for  forced  criminality  and  sexual  exploitation  is  on  the  increase.  Child 
victims  are  at  high  risk  not  only  of  being  re-trafficked  but  also  of  undergoing  secondary 
victimisation – being treated as perpetrators of crime rather than as victims of trafficking.28 

The  Commission  recommends  that  concerted  and  coordinated  efforts  are  made  to 
prevent  and  address  child  trafficking,  reduce  the  vulnerability  of  at-risk  children, 
provide adequate support to child victims, and ensure that a child protection dimension 
is  incorporated  into  all  measures  targeting  children,  particularly  through  strengthening 
integrated child protection systems and their cross-border cooperation.29   

Trends in trafficking in human beings and organised crime 

Trafficking in human beings is usually linked to organised crime, although there are some 
cases where a small number of victims are exploited locally and where individual criminals 
act  with  limited  organisation.  The  criminal  organisations  involved  in  trafficking  are 
characterised  by  loose,  flexible  networks  that  adapt  quickly  and  are  linked  by  kinship  or 
ethnicity. Roles are often interchangeable between members and the organisations generally 
have a presence in a number of countries. 30 

As a serious form of  organised  crime and a significant security  threat,  trafficking in human 
beings  requires  a  coordinated  and  targeted  policy  response  at  EU  level,  as  stated  in  the 
European  Agenda  on  Security.  The  response  should  also  involve  addressing  other 
interrelated  crimes,  such  as  the  falsification  of  documents,  drug  trafficking,  cybercrime, 
child  pornography,  migrant  smuggling  and  benefit  fraud.  The  presence  of  these  related 
crimes often means that trafficking in human beings is not investigated or recorded as 

26   Europol, Intelligence Notification, Child trafficking for exploitation in forced criminal activities, 2014. 
27   UNHCR, http://data.unhcr.org/mediterranean/regional.php, 22/12/2015 
28   ibid.  
29   For more information, please see the Commission’s the Study on High Risk Groups http://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/study_on_children_as_high_risk_groups_of_trafficking_in_human_bein
gs_0.pdf 

30   Europol Situation Report: Trafficking in human beings in the EU, February 2016 

8 

 
 
                                                 
such.31 The  continuously  evolving  forms  of  trafficking  in  human  beings  and  the  ability  of 
traffickers to adapt to new situations make the crime even harder to investigate and prosecute 
people for. 

Trafficking trends in the context of migration and asylum 

According to the recent Commission Communication on the State of Play of Implementation 
of the Priority Actions under the European Agenda on Migration,32  there is strong evidence 
that the migration crisis has been exploited by criminal networks involved in trafficking 
in  human  beings  to  target  the  most  vulnerable,  in  particular  women  and  children. 
Traffickers  increasingly  abuse  asylum  systems,  which  are  not  always  linked  to  national 
referral  mechanisms.  A  worryingly  sharp  increase  in  Nigerian  women  and  girls  leaving 
Libya  has  been  identified  (4  371  in  January-September  2015  compared  to  1  008  in  the 
previous year, 80 % of whom estimated by IOM Italy to be victims of trafficking),33 and there 
are general concerns of an increasing risk of trafficking for sexual exploitation.  

As  one  of  the  tools  to  address  the  migration  crisis  during  2015,  the  EU  has  substantially 
reinforced  cooperation  with  third  countries,  and  trafficking  in  human  beings  is  one  of  the 
main areas of cooperation with African, Western Balkan countries and Turkey. 

Coordination  should  be  ensured  on  the  ground  in  the  framework  of  the  ‘hotspots 
approach’  between  all  different  actors  involved  in  the  screening,  fingerprinting, 
identification  and  registration  of  third  country  nationals  and  in  other  first  line  reception 
facilities in order to swiftly identify and refer victims of trafficking and provide appropriate 
levels  of  care  and  protection.  This  should  include  providing  frontline  staff  with  appropriate 
training.34 

Trends in the use of the internet and new technologies 

The  internet  and  new  technologies  enable  organised  crime  groups  to  access  a  large  pool  of 
potential victims, hide their activities and carry out a wide range of criminal acts in a shorter 
period of time and on a much larger scale than ever before. Member States report that many 
victims of trafficking, especially for sexual and labour exploitation, are recruited online. 

Measures need to be taken in order to prevent and address the use of new technologies as a 
tool for recruiting victims of trafficking in human beings. 

31   ibid.  
32   http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/proposal-
implementation-package/docs/managing_the_refugee_crisis_state_of_play_20160210_en.pdf 

33   IOM Italy, http://www.italy.iom.int/index.php?option=com_content&task=view&id=341&Itemid=46 
34   See  Guidelines  for  the  identification  of  victims  of  trafficking  in  human  beings,  Especially  for  Consular 

Services and Border Guards, European Commission, 2013. 

9 

 
 
                                                 
III.  RESULTS OF ACTIONS TO ADDRESS TRAFFICKING IN 

HUMAN BEINGS 

Most Member States have highlighted the difficulty of measuring the results and impact of 
anti-trafficking  actions.  However,  only  a  few  have  developed  relevant  indicators,  or  have 
evaluated their national strategies and action plans. 

To  ensure  effective,  forward-thinking  policies  and  actions,  the  Commission  considers  that 
systematic evaluations of Member States’ strategies and action plans and the measuring 
of the results and impact of the action taken are very important. 

This  section  of  the  report  highlights  the  main  actions  undertaken  by  the  Member  States  in 
three  key  thematic  areas  laid  down  in  the  anti-trafficking  Directive  and  the  EU  Strategy. 
These  areas  are  discussed  further  in  the  staff  working  document  accompanying  this  report. 
The  staff  working  document  also  includes  examples  from  the  Member  States,  and  action 
taken by the Commission in the respective areas. 

1. 

Criminal law, investigations and prosecutions 

Increasing the number of investigations and prosecutions on trafficking in human beings 
is one of the key priorities of the EU legal and policy framework. 

The  level  of  prosecutions  and  convictions  remains  worryingly  low,  especially  when 
compared to the number of victims identified. Although investigations in this field require a 
substantial body of evidence to secure a conviction, the information gathered for this report 
indicates  that  Member  States  are  not  using  enough  effective  investigative  tools.  Financial 
investigations  are  mostly  conducted  on  a  case-by-case  basis,  rather  than  systematically  and 
are often limited to asset recovery investigations. 35 This is contrary to Financial Action Task 
Force (FATF) standards36 and Council recommendations.37  

It  is  further  reported  that  an  excessive  burden  is  placed  on  victims  both  before  and  during 
criminal  proceedings.  Some  information  suggests  that  victims  are  frequently  refused 
assistance at police stations or misidentified as offenders, and subsequently prosecuted 
and convicted. 

In the information received, there is evidence of efforts to organise joint investigations and 
set  up  joint  investigation  teams,  and  of  the  positive  experiences  gained  from  these, 
together with an increase in cross-EU cooperation in this area.  

The  information  also  highlights  practical  problems  making  seizures  and  confiscations  in 
cases  involving  trafficking  in  human  beings,  including  problems  with  detecting  criminal 

35   This issue is elaborated in the accompanying SWD. 
36   The Financial Action Task Force (FATF) is an inter-governmental body established in 1989 by the Ministers 

of its Member jurisdictions.  

37   All EU MS have been evaluated on financial crime and financial investigation between 2008 and 2011 in the 

context of the Council of the 5th EU round of mutual evaluations. 

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proceeds  and  inefficient  international  cooperation  when  the  money  has  been  sent  to  a 
country  outside  the  EU.  Financial  investigations  are  reported  to  lead  to  more  seizures  and 
therefore more confiscations. 

Traffickers  frequently  abuse  legitimate  business  structures  to  conceal  their  illicit 
activities.  The  anti-trafficking  Directive  creates  legal  obligations  on  businesses,  namely  the 
liability and sanctioning of legal persons for trafficking in human beings’ offences (Article 5). 
Although business activity can both perpetuate trafficking in human beings and contribute to 
its eradication, most companies are unaware of the linkages, and only a few Member States 
have prosecuted legal persons as required under Article 5. 

The information gathered by the Commission clearly shows that it is important for Member 
States to strengthen efforts to increase the number of investigations and prosecutions, and 
to  reduce  the  burden  placed  on  victims  and  their  testimonies  during  proceedings  for 
evidence  gathering.  They  could  do  this  by  developing  regular  and  tailor-made  training 
for  investigators,  prosecutors  and  judges  and  by  systematically  using  financial 
investigations  (as  recommended  by  the  Financial  Action  Task  Force)  and  other  effective 
intelligence-led  investigative  tools,  which  can  provide  a  diversity  of  evidence  to  be  used  in 
addition  to  victims'  testimonies.  They  should  also  dedicate  sufficient  financial  and  human 
resources to properly address this crime. 

2. 

Identification, protection and assistance 

A  victim-centred  approach  is  at  the  heart  of  the  EU  anti-trafficking  legislation  and  policy. 
This  means  establishing  appropriate  mechanisms  for  the  early  identification  of  victims  and 
provision of assistance and support, in cooperation with the relevant support organisations. 

Providing unconditional access to assistance, support and protection to victims remains a 
challenge for most Member States. Trafficking remains an ‘invisible crime’, as the number 
of identified victims remains low. Indeed many victims of trafficking are not identified, 
and  so  cannot  exercise  their  rights.  Concerns  have  been  expressed  on  the  treatment  of 
victims  during  criminal  proceedings,  where  they  may  be  subject  to  intimidation  and 
secondary victimisation. 

Gender and age-specific assistance and support are still inadequate, and there is a lack of 
services for male victims of trafficking. Shelters and accommodation are not always equipped 
to cater for the victims’ needs, and many children and adults disappear from shelters that do 
not provide adequate care. 

While Member States report on child-sensitive measures, the referral rate for children remains 
low,  and  procedures  for  finding  durable  solutions  are  inadequate.  Problems  persist  with  the 
appointment  of  guardians  for  child victims, and the wide range of different practices across 
the EU adds an additional layer of complexity, particularly in cross-border situation. 

11 

 
 
A  specific  measure  envisaged  in  the  EU  Strategy  and  confirmed  by  Council  Conclusions38 
invites  Member  States  to  develop  or  update  National  Referral  Mechanisms  in  order  to 
coordinate the actors involved in identification, assistance, protection and reintegration. 
According  to  the  information  available  to  the  Commission,  over  half  of  Member  States39 
have formalised their National Referral Mechanisms. While the EU Strategy calls for an 
approach based on an integrated child protection system, the involvement of child protection 
services in referral mechanisms remains limited. Member States report that the provision 
of  services  to  victims  has  increased  in  quality  since  the  mechanisms  were  introduced. 
However, measuring their general impact remains difficult. 

Transnational cooperation, including transnational referral mechanisms, is also essential 
for  victims  who  are  trafficked  outside  their  country  of  origin.  In  this  regard,  the  Schengen 
Information  System  plays  a  major  role  in  the  cross-border  exchange  of  information  on 
victims of trafficking and their exploiters, as this is the main database for registering missing 
persons throughout Europe. The future Entry Exit System will help detect and identify third 
country nationals who are victims of trafficking by storing data on the entry and the exit of 
people, both visa exempt and visa holder. 

All victims must be treated equally, and Member States should make an equal effort to 
identify, protect and assist victims of all forms of exploitation. Indeed, victims must be at 
the heart of anti-trafficking policy. No form of exploitation should be neglected, and the needs 
of victims should be catered to following an individual assessment. 

Victims must be considered primarily as rights holders, and they must be able to understand 
and  exercise  their  rights.  In  this  context,  the  Commission  recommends  that  all  appropriate 
measures  are  taken  at  national  level  to  ensure  the  early  identification  of  victims  of 
trafficking, in line with the obligation to provide assistance and support as soon as there are 
reasonable  grounds  to  believe  they  are  victims.  Formalising  or  setting  up  a  National 
Referral  Mechanism  is  a  key  step  in  this  direction.  Such  mechanisms  should  be  regularly 
and  meaningfully  monitored  and  evaluated,  in  cooperation  with  civil  society  and 
academia. 

For child victims of trafficking, there should be an integrated approach to child protection. 
It  should  be  based  on  the  standards  of  the  UN  Convention  on  the  Rights  of  the  Child, 
including  the  child’s  best  interests,  and  the  strengthening  of  guardianship  systems.  Finally, 
creating  a  missing  child  alert  in  the  Schengen  Information  System  is  a  crucial  step  in 
ensuring the early identification of child victims. 

38   The Council of the European Union in its conclusions welcoming the EU Strategy called on Member States 
to ‘Develop or update functional national referral mechanisms as agreed in the EU Policy Cycle that describe 
procedures to better identify, refer, protect and assist victims and include all relevant public authorities and 
civil society’, http://ec.europa.eu/anti-trafficking/eu-policy/council-conclusions-new-eu-strategy_en. 

39   Belgium,  Bulgaria,  Croatia,  Cyprus,  Czech  Republic,  Denmark,  Greece,  Hungary,  Ireland,  Latvia,  Malta, 

Poland, Portugal, Romania, Slovakia, Spain, the UK. 

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3. 

Prevention 

The  investigation,  prosecution  and  conviction  of  traffickers  are  essential  tools  to  address 
trafficking in human beings. However, these tools come into play once the crime has already 
been  committed  and  victims  have  already  suffered  a  serious  violation  of  their  fundamental 
rights.  Eradication  of  trafficking  in  human  beings  can  only  be  achieved  if  the  crime  is 
prevented from happening in the first place by using all available tools at EU and national 
level. 

Prevention needs to be placed in the wider context of the crime, which is profit- and -demand-
driven.  A  human-rights-based  approach  should  ensure  that  those  who  profit  from  the 
crime and exploit the victims are brought to justice. 

Member States reported extensive action on prevention measures in line with Article 18 of 
the  anti-trafficking  Directive,  such  as  training  and  awareness-raising.  It  is  reported  that, 
following training for frontline staff, there has been an increase in the detection of cases 
of trafficking in human beings. However, little is known about the actual impact of such 
action on demand and prevention. 

Information  received  also  addresses  the  ad-hoc  nature  of  training  activities,  the  lack  of 
specialised training and a gender-specific and child-centred approach. It is also important 
to  stress  the  need  for  tailor-made  training  activities,  in  particular  addressing  the 
specificities of different forms of trafficking. 

Furthermore,  Member  States  highlight  the  role  of  the  private  sector  in  preventing 
trafficking in human beings. 

Criminalisation of the use of services of victims 

A  dimension  that  Member  States  have  focused  on  less  is  legislative  change  targeting  those 
who use the services of victims of trafficking, as recommended in Article 18(4) of the anti-
trafficking  Directive.  To  date,  approximately  half  of  Member  States  treat  the  use  of 
services provided by victims of trafficking in the knowledge that they are trafficked as a 
criminal offence.40 

The Employers’ Sanctions Directive41, which has a similar but narrower scope, has already 
established  that  Member  States  must  impose  criminal  sanctions  on  employers  who  use  the 
work  or  services  of  illegally  staying  third  country  nationals  in  the  knowledge  that  they  are 
victims of trafficking. There is thus a clear need to ensure consistency and bridge any existing 
legal gaps that may result in impunity.   

40   This report does not aim to examine the compliance of Member States with their obligations stemming from 
Article 18 of the Directive, as this will be performed in a separate report, as required under Article 23. The 
information  included  in  this  report  is  not  exhaustive  and  does  not  prejudge  in  any  way  the  findings  of  the 
European Commission. 

41   http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:168:0024:0032:EN:PDF . 

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Often, the criminalisation of users of services of victims of trafficking concerns prostitution. 
In the case of child prostitution, the Child Sexual Abuse Directive42 also indirectly helps the 
fight against child trafficking by obliging Member States to ensure that the act of engaging in 
sexual activity with a child where recourse is made to prostitution is criminalised and subject 
to a minimum level of imprisonment penalties. 

The information received  by the Commission indicates a clear need  for  strong  safeguards 
ensuring that it is not the victims who are penalised, but those who exploit and use them. 
Unless this is addressed, victims will be treated as criminals and punished themselves, while 
perpetrators  and  users  will  profit  from  this  inaction.  Taking  measures,  including  legal 
measures,  to  ensure  the  reduction  of  demand  that  fosters  trafficking  for  all  forms  of 
exploitation is fundamental to this effect. 

4. 

Financial support to address trafficking in human beings and implement 
legal obligations 

One of the most important challenges in addressing trafficking in human beings, identified by 
both Member States and non-governmental organisations, is the limited resources available 
for  anti-trafficking  measures,  victim  assistance  and  prevention  measures  at  national 
level.  The  global  economic  crisis  has  also  had  a  negative  impact  on  the  allocation  of  such 
funds. 

In the majority of Member States, practical assistance for victims is not provided by the state 
or  local  authorities,  but  by  non-governmental  organisations.  It  is  therefore  important  that 
funding is secured for these organisations, allowing them to provide efficient and sustainable 
short- and long-term assistance to victims of trafficking. 

Budgetary  allocations  need  to  be  sufficient  to  address  trafficking  in  human  beings 
effectively,  and  this  has  to  be  done  in  cooperation  with  civil  society.  Effective  use  by 
Member States of all  EU  Funds  relevant to addressing trafficking in human beings and the 
implementation  of  cost-effective  national  measures  can  bring  tangible  results  and  have  a 
long-term impact. 

CONCLUSIONS 

The contributions to this report from Member States and other stakeholders make it possible 
to highlight a number of key challenges that the EU and its Member States need to address as 
a priority, by devoting appropriate efforts and resources. 

In  this  respect,  Member  States  should  address  and  prioritise  tackling  all  forms  of 
exploitation;  increase  the  number  and  effectiveness  of  investigations  and  prosecutions; 
work on improving data collection in the field of trafficking in human beings; focus on the 
early identification  of  all victims including by putting in place the right mechanisms to do 

42   Directive  2011/93/EU  on  combating  the  sexual  abuse  and  sexual  exploitation  of  children  and  child 

pornography. 

14 

 
 
                                                 
so; ensure all victims are offered protection and  assistance; take gender-specific measures 
and  adopt  a  child-centred  approach  in  all  actions;  focus  on  the  most  vulnerable  victims 
including at-risk children; provide adequate support to child victims; prevent trafficking in 
human beings by addressing the demand that fosters all forms of exploitation; systematically 
evaluate  national  strategies  and  action  plans;  allocate  adequate  resources  to  address 
trafficking in human beings; and cooperate meaningfully with civil society. 

It  is  important  that  Member  States  encourage  governments  and  independent  bodies  to 
routinely  participate  in  the  EU  Network  of  National  Rapporteurs  or  equivalent 
mechanisms  (‘NREMs’),  so  that  they  are  able  to  work  at  an  operational,  strategic  and 
monitoring level in an informed and coordinated way. 

The  ratification  of  all  relevant  international  and  regional  instruments  by  the  Member 
States  can  promote  effectiveness  and  consistency  in  joint  efforts.  In  this  context, 
strengthening  international  cooperation  for  the  exchange  of  information,  data  collection, 
research, monitoring and evaluation needs to be encouraged in order to maximise the impact 
of action and avoid duplication of efforts, and to reduce the administrative burden on Member 
States. 

The  adoption  of  the  anti-trafficking  Directive  and  the  transposition  processes  at  national 
level 43  have  created  an  important  momentum  in  raising  awareness  on  the  scale  of  the 
phenomenon  in  the  EU,  and  the  need  to  address  it  with  a  wide  range  of  tools  relating  to 
prevention,  protection  and  prosecution.  Ultimately,  with 
full 
implementation  of  the  EU  Directive,  Member  States  will  ensure  the  prevention  of  the 
crime,  the  prosecution  of  the  perpetrators  and  most  importantly,  the  protection  of 
victims. 

the  correct  and 

The  Commission  will  continue  working  on  a  coordinated  and  consistent  response  to 
trafficking in human beings. By the end of 2016, the Commission will publish the two further 
reports  required  under  Article 23  of  the  anti-trafficking  Directive,  on  compliance  and 
criminalisation, together with a post-2016 Strategy on trafficking in human beings. 

43   To  date,  26  out  of  27  Member  States  to  which  the  Directive  applies  have  notified  the  Commission  of  full 

transposition. 

15