REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL assessing the extent to which Member States have taken the necessary measures in order to comply with Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims in accordance with Article 23 (1)
Date: 2016-12-02
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, criminal law, criminal proceedings, fight against crime, help for victims, human rights, national implementing measure, trafficking in human beings

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 2.12.2016  COM(2016) 722 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL assessing the extent to which Member States have taken the necessary measures in order to comply with Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims in accordance with Article 23 (1)  
 
 
1.  INTRODUCTION 

Trafficking  in  human  beings  is  explicitly  prohibited  under  Article  5(3)  of  the  Charter  of 
Fundamental Rights of the European Union. It is also listed in Article 83 of the Treaty on the 
Functioning  of  the  European  Union  among  those  particularly  serious  crimes  with  a  cross-
border dimension. 

A  major  step  in  the  EU  action  to  address  this  phenomenon  was  the  adoption  of  Directive 
2011/36/EU on preventing and combating trafficking in human beings and protecting its 
victims (‘the Directive’), which replaced the previous EU legal instrument  on trafficking in 
human  beings,  Council  Framework  Decision  2002/629/JHA.  The  Directive  applies  to  all 
Member States except for Denmark1. 

The Directive sets out minimum standards to be applied throughout the European Union in 
preventing and combating trafficking in human beings and protecting victims and provides for 
the  definition  of  trafficking  in  human  beings.  It  is  based  on  the  human  rights  approach  and 
gender  perspective,  to  strengthen  the  prevention  of  this  crime  and  the  protection  of  and 
assistance to the victims thereof.  

The Directive concerns: i) criminal measures, investigation and prosecution (Articles 2 to 10) 
ii)  assistance,  support  and  protection  measures  for  victims  (Article  11  to  17)  iii)  prevention 
measures enabling the reduction of demand, raising awareness, and fostering the training of 
persons likely to come into contact with victims (Article 18) and iv) National Rapporteurs or 
equivalent mechanisms (NREMs) and Coordination (Articles 19 and 20). The Directive also 
takes particular account of the of best interests of the child and lays down provisions granting 
assistance, support and protection specifically tailored to children (Articles 13 to 16). 

This  report  responds  to  the  requirement  for  the  Comission,  as  per  Article  23(1)  of  the 
Directive, to report to the European Parliament and the Council assessing the extent to which 
the Member States have taken the necessary measures in order to comply with the Directive, 
including  a  description  of  action  taken  under  Article  18(4).  A  separate  report  assesses  the 
impact of existing national law, establishing as a criminal offence the use of services which 
are the objects of exploitation of trafficking in human beings, on the prevention of trafficking 
in human beings2. 

Τhe Commission had organised three meetings with representatives of Member States before 
the transposition date in order to assist the Member States in the transposition processes and 
to allow them to exchange information and best practices, as well as to discuss problems they 
were encountering when transposing the Directive. The Directive has also been discussed in 
various  meetings  of  the  Network  of  National  Rapporteurs  or  equivalent  mechanisms 
(NREMs). 

This  Report  represents  the  state  of  play  of  the  transposition  of  the  Directive  at  the  time  of 
drafting the Report, based on the information available to the Commission, and as such is not 
an  exhaustive  analysis  of  existing  national  provisions.  The  existence  of  further  legislative 
developments  or  provisions  not  notified  to  the  Commission  cannot  be  excluded.  Therefore 
this  Report  does  not  preclude  the  Commission  from  seeking  additional  information  from 
Member States through bilateral contacts, if need be.   

1In this report ‘Member States’ means the Member States bound by the Directive. 
2 Report from the Commission to the European Parliament and the Council assessing the impact of the existing 
national  law,  establishing  as  a  criminal  offence  the  use  of  services  which  are  the  objects  of  exploitation  of 
trafficking in human being, on the prevention of trafficking in human being, in accordance with Article 23(2) of 
the Directive 2011/36/EU, COM(2016) 719. 

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2.  STATE  OF  TRANSPOSITION  AND  MEASURES  TAKEN  BY  THE  MEMBER 

STATES 

Member States were required to complete transposition of the Directive by 6 April  2013. In 
May 2013, the Commission initiated infringement procedures against Member States for not 
having  communicated  the  transposition  measures  to  complete  transposition  of  the  Directive 
by sending 13 letters of formal notice. In 4 of these infringement procedures the Commission 
addressed reasoned opinions to  the Member States concerned. All Member  States bound by 
the  Directive  have  by  now  communicated  their  transposition  measures3.  Due  to  the  late 
notification  of  transposition  measures  by  Germany,  the  Commission  could  not  complete  its 
assessment  of  these  measures.  The  report  therefore  does  not  include  findings  based  on  the 
assessment of these measures.   

Given the wide and comprehensive nature of the Directive covering different areas of national 
laws, most Member States have chosen to transpose it with many and diverse acts, to be found 
within five main areas: criminal codes; specific acts concerning the combatting of trafficking 
in human beings; laws safeguarding victims of crimes; acts setting measures on protection of 
children;  and  legislation  regulating  the  entry  and  residence  of  third-country  nationals.  This 
report  assesses  the  transposition  of  the  Directive  into  national  laws  without  addressing  its 
implementation.   

2.1. 

Criminal measures, investigation and prosecution (Articles 2 to 10) 

2.1.1.  Offences concerning trafficking in human beings (Article 2) 

Article  2  sets  forth  a  common  definition  of  trafficking  in  human  beings  and  establishes  the 
types of intentional conducts which constitute the offence of trafficking in human beings.  

All  Member  States  have  adopted  provisions  which  criminalise  the  offence  of  trafficking  in 
human  beings.  The  definition  of  the  offence  set  out  in  Article  2(1)  comprises  three 
constitutive elements (acts, means and purpose). 

The  acts  of  recruitment,  transportation,  transfer,  harbouring  or  reception  of  persons  are 
explicitly  included  in  the  definition  of  the  offence  by  almost  all  Member  States.  Some 
Member States do not explicitly refer to the ‘exchange’ and the ‘transfer of control’ (BG, CZ, 
EE,  FR,  IT,  LV,  NL,  AT,  PL,  PT,  RO,  SI,  SK,  SE).  Those  two  acts  are  generally 
encompassed  by  other  acts  such  as  ‘recruiting  a  person’4.Concerning  the  means,  the  use  of 
threat, force and other forms of coercion as well as the abuse of position of vulnerability are 
covered by all Member States. However certain means (abduction, fraud, deception, giving or 
receiving payments or benefits or abuse of power) are not explicitly included in the definition 
by  a  number  of  Member  States5.    Member  States  address  in  diverse  ways  the  position  of 

3 On the date of closing the work on this report. 
4 SI does not include in the definition the "recruitment" and the UK (England/Wales and Northern Ireland) refers 
to the ‘arranging or facilitating of the travel of another person’. 
5  For  example,  CZ,  EE,  FR, LV, HU,  FI  and UK (England/Wales,  Northern  Ireland  and  Scotland)  there  is no 
explicit mention of "abduction and fraud". ES and IT do not seem to include "abduction"; LT and SI do not refer 
to  "fraud";  AT  does  not  refer  to  "deception"  and  "abduction";  EE,  HU,  SI  and  UK  (England/Wales,  Northern 
Ireland  and  Scotland)  do  not  refer  to  "giving  or  receiving  of  payments  or  benefit"  and  UK  (England/Wales, 
Northern Ireland and Scotland) does not refer to "abuse of power". 

3 

 
 
                                                            
vulnerability,  which  the  Directive  defines  in  Article  2(2)  as  a  situation  in  which  the  person 
concerned has no real or acceptable alternative but to submit to the abuse involved. 

Article  2(3)  stipulates  that  exploitation  shall  include,  as  a  minimum,  the  exploitation  of  the 
prostitution  of  others  or  other  forms  of  sexual  exploitation,  forced  labour  or  services, 
including  begging,  slavery  or  practices  similar  to  slavery,  servitude,  or  the  exploitation  of 
criminal activities, or the removal of organs. Several Member States (BG, ES, FR, CY,  LT, 
LU, MT, NL, PT, SK, SE, and UK (Gibraltar)) have included explicit references to those 
forms of exploitation, while in other Member States certain of those minimum forms are not 
expressly referred to 6. In SE, the missing elements though are covered by the broader catch-
all  provision7.  Since  Member  States  can  go  beyond  the  minimum  definition,  some  of  them 
also make reference to additional forms of exploitation, such as the exploitation for adoption 
(CY), production of pornographic work (CZ), forced marriage (ES, HR and SK). 

Pursuant to Article 2(4), the consent of the victim of trafficking shall be irrelevant in case that 
any of the means mentioned in Article 2(1) has been used. The majority of the Member States 
have  this  provision  reflected  in  their  national  law;  however,  a  number  of  Member  States 
encompass  it  only  via  general  law  principles  or  case  law.  The  information  for  DE,  LV  and 
NL, AT is not conclusive as to whether the provision of 2(4) is reflected in their national law.   

Article  2(5)  requires  that  child  trafficking  shall  be  punishable  even  if  none  of  the  means 
mentioned  in  Article  2(1)  has  been  used.  Almost  all  Member  States  fully  reflect  this 
requirement, in the case of EL and CY the information is not conclusive.  

Article  2  (6)  provides  that  for  the  purpose  of  the  Directive,  "child"  shall  mean  any  person 
below 18 years of age.   However, some Member States do not  appear to  provide  assistance 
and protection for all children up to the age of 18.8 .  

2.1.2.  Incitement, aiding and abetting, and attempt (Article 3) 

Article 3 obliges Member States to ensure that incitement, aiding and abetting and attempt to 
commit  trafficking  in  human  beings  are  punishable.  All  Member  States  have  corresponding 
transposition measures in their national laws. 

2.1.3.  Penalties (Article 4) 

Article 4 lays down the minimum level of the maximum penalty that should be applicable for 
the  offence  of  trafficking  in  human  beings  and  provides  for  a  number  of  aggravating 
circumstances, which carry higher maximum penalty.  

6  Examples  where  some  forms  of  exploitations  are  not explicitly referred  to  in  national law:  begging  (CZ,  FI, 
HR, LV, SI and UK (England/Wales, Northern Ireland and Scotland)); slavery and practices similar to slavery 
(AT,  BE,  EL  and  IT);  exploitation  for  criminal  activities  (EL,  PL,  RO,  FI  and  UK  (England/Wales,  Northern 
Ireland and Scotland)), the removal of organs (AT, SE). 
7  In  SE  begging,  slavery,  practises  similar  to  slavery,  servitude,  the  exploitation  of  criminal  activities  and 
removal of organs are covered by a catch-all provision. 
8 See 2.2.4 and 2.2.5.  

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Almost all Member States, in accordance with Article 4(1), have established that the offence 
is punishable by a maximum penalty of at least 5 years of imprisonment. BE, HU, AT opted 
for  the  maximum  of  5  years  penalty.  All  other  Member  States  appear  to  apply  stricter 
sanctions ranging between a maximum of 6 to 20 years. 

Articles  4(2)  and  (3)  list  a  number  of  aggravating  circumstances  whose  application  carries 
higher penalties of at least 10 years of imprisonment (when the offence has been committed: 
against a particular vulnerable victim; within the framework of a criminal organisation; while 
endangering  the  life  of  the  victim  deliberately  or  by  gross  negligence;  by  means  of  use  of 
serious violence or by causing particular serious harm to the victim; by public officials in the 
performance  of  their  duties).  Most  Member  States  transposed  these  provisions  in  their 
national  laws.  The  information  for  BG,  DE,  ES  and  HU  concerning  the  inclusion  of  the 
aggravating circumstances or not imposing at least a maximum of 10 years of imprisonment is 
not conclusive.  

Article 4(4) provides that the penalty levels for the aiding, abetting, inciting or attempting of 
an  offence  concerning  trafficking  in  human  beings  must  be  effective,  proportionate  and 
dissuasive and allow for surrender. All Member States have transposed these provisions. As 
regards the penalty levels, Member States punish aiders, abettors, instigators and the attempt 
to  commit  a  crime  either  by  the  same  term  of  imprisonment  as  the  main  offender  allowing 
mitigation of penalty levels or by specific penalty level. The surrender for an offence referred 
to in Article 3 is possible in all Member States. 

2.1.4.  Liability of legal persons (Article 5) 

Article  5  requires  Member  States  to  ensure  that  legal  persons  may  be  held  liable  for  the 
offences  referred  to  in  Articles  2  and  3,  and  specifies  the  position  or  capacity  of  the 
perpetrator in relation to the legal person, which will lead to the legal person’s liability. 

All Member States have introduced criminal or administrative liability of legal persons for the 
different  types  of  capacities  or  positions  of  the  perpetrator  that  shall  lead  to  responsibility. 
Some  Member  States  ((LT,  MT  and  UK  (Scotland))  have  introduced  specific  provisions 
dealing with corporate liability for the crimes of trafficking of human beings, while all others 
rely on general provisions on corporate liability, applicable to crimes. All Member States have 
introduced liability for legal persons in line with Article 5 (1)(a) to (c); EL, CY, LT, MT, PL 
and  SK transposed it literally. Article 5(2) requires Member  States  to  introduce liability for 
legal persons when a crime under Articles 2 or 3 has taken place due to the lack of control or 
supervision by a person holding one of the positions referred to in Article 5(1)(a) to (c). Such 
liability  is  explicit  in  all  Member  States,  except  for  LU  where  the  assessment  is  not 
conclusive. Article 5(3) requiring that the liability of a legal person may not exclude criminal 
proceedings against a natural person for the same crime is covered in all Member States. 

Article 5(4) stipulates that the concept of ‘legal person’ shall exclude States or public bodies 
in  the  exercise  of  State  authority  and  public  international  organisations.  Based  on  the 
information available, none of the Member States include such public bodies or organisations 

5 

 
 
within  the  concept  of  a  ‘legal  person’  (or  similar  concepts  applicable  under  the  respective 
national laws).  

2.1.5.  Sanctions on legal persons (Article 6) 

Article 6 sets out the obligation for Member States to introduce effective, proportionate and 
dissuasive  penalties  for  the  legal  persons  held  liable  pursuant  to  Article  5.  Member  States 
have  introduced  administrative  or  criminal  sanctions  that  are  explicitly  applicable  to  legal 
persons.  The  minimum  and  maximum  fines  vary  between  Member  States.  Article  6  also 
provides that Member States may include other optional sanctions. Based on the information 
available,  most  Member  States,9  with  the  exception  of  DE,  IE,  and  UK,  have  chosen  to 
introduce at least one other sanction.  

2.1.6.  Seizure and confiscation (Article 7) 

Under Article 7, Member States must ensure that competent authorities are entitled to  seize 
and confiscate instrumentalities and proceeds from the offences referred to in Articles 2 and 3. 
All Member States have in place national measures to transpose this provision. While some 
Member  States  (BE,  EL,  ES,  FR,  CY  and  UK  (England/Wales))  have  introduced  specific 
provisions dealing with seizure and confiscation concerning the crime of trafficking in human 
beings,  the  rest  of  the  Member  States  appear  to  rely  on  general  rules  on  seizure  and 
confiscation  under  criminal  law,  which  apply  to  all  crimes,  including  trafficking  of  human 
beings. 

2.1.7.  Non-prosecution or non-application of penalties to the victims (Article 8) 

Article  8  requires  Member  States  to  take  the  necessary  measures  to  ensure  that  competent 
national authorities are entitled not to prosecute or impose penalties on victims of trafficking 
in human beings for their involvement in criminal activities which they have been compelled 
to commit as a direct consequence of being subjected to such a crime. The Directive leaves 
discretion to the competent authorities on how to regulate at national level the possibility not 
to prosecute or impose penalties.  

Member  States  took  measures  of  diverse  nature  to  ensure  this  possibility  for  their  national 
authorities.  Some  Member  States  (BG,  EL,  ES,  CY,  LV,  LT,  LU,  MT,  NL,  RO,  SK  and 
UK)  make  an  explicit  reference to  non-prosecution  trafficking  victims,  while  others  foresee 

9 : Examples, exclusion from entitlement to public benefits or aid (BE, CZ, EL, ES, HR, IT, CY, HU, MT, PL, 
PT); temporary or permanent disqualification from the practice of commercial activities (BE, CZ, EL, ES, FR, 
HR, IT, CY, HU, MT, LT, LV, AT, PL, PT, RO, SI, SE); placing under judicial supervision (CY, ES, FR, IT, 
MT, PT and RO); judicial winding-up ( BE, EL, ES, FR, HR, CY, HU, LT, LU, MT, NL, PT, RO, SI ); 
temporary or permanent closure of establishments which have been used for committing the offence ( BE, ES, 
FR, LT, LU, CY, MT, PT and RO). In addition to fines and the above-mentioned optional penalties, some 
Member States (BE, CZ, FR, PT and RO) have chosen to introduce the additional sanction of publication or 
display of the decision or judgement in which the legal person has been found guilty of the crime. 

6 

 
 
                                                            
 
the  non-prosecution  of  a  person  who  was  compelled,  threatened  or  coerced  to  commit  a 
criminal act (HU, IT, PL, PT, SE and SI). The information for CZ and HR is not conclusive.  

2.1.8.  Investigation and prosecution (Article 9) 

Article 9, laying down measures for the investigation and prosecution of trafficking in human 
beings, has been transposed by the majority of Member States.  

As regards paragraph 1, all Member States provide that the submission of a complaint is not 
required  in  order  to  initiate  the  relevant  investigation,  and  the  withdrawal  of  a  victim's 
statement does not have influence on the continuation of the investigation or prosecution.  

Paragraph 2 requires Member States to take the necessary measures to enable the prosecution 
of trafficking in human beings for a sufficient period of time after the victim has reached the 
age  of  majority.  Most Member States  have  such a provision in  place,  in the case of  IE and 
HR the available information is not conclusive.  

All Member States have foreseen measures for the training of persons/services responsible for 
investigating  or  prosecuting  trafficking  offences  in  accordance  with  Article  9(3),  either  in 
legal  provisions  or  in  soft-law  measures  such  as  national  action  plans,  strategies  or 
programmes.  

Finally,  all  Member  States  have  taken  measures  to  ensure  the  availability  of  effective 
investigative  tools  to  persons,  units  or  services  responsible  for  investigating  or  prosecuting 
trafficking  in  human  beings  (Article  9(4)).  The  investigative  tools  foreseen  in  the  Member 
States include interception of communications (BE, BG, DE, EE, EL, FI, HR, IT, MT, NL, 
AT, PL, RO, SI, SE and UK10; covert surveillance (BE, BG, CZ, EE, EL, ES, FI, FR; HR, 
IT, LU, HU, NL, AT, PL, PT, RO, SI, SK and UK11; the monitoring of bank accounts and 
other financial investigations (BE, FR, HR, HU, IT, AT, PL, PT, RO, SI, FI and UK); and 
electronic surveillance or similar measures (BE, BG, CZ, DE, EL, FR, HR, HU, NL, AT, 
PL, PT, RO, SI, SE and UK). 

2.1.9.  Jurisdiction (Article 10)  

Article 10 (1) refers to the situations in which Member States must establish their jurisdiction 
over the offences referred to in Articles 2 and 3. Article 10 (2) sets out a number of optional 
jurisdictional grounds, which the Member States may inter alia choose to adopt. Article 10 (3) 
refers to the prosecution of the offences referred to in Articles 2 and 3 committed outside the 
territory of the Member State concerned and stipulates that "each Member State shall, in those 
cases referred to in point (b) of paragraph 1, and may, in those cases referred to in paragraph 
2,  take  the  necessary  measures  to  ensure  that  its  jurisdiction  is  not  subject  to  either  of  the 
following  conditions:  (a)  the  acts  are  a  criminal  offence  at  the  place  where  they  were 
performed; or (b) the prosecution can be initiated only following a report made by the victim 

10 England/Wales, Northern Ireland and Scotland 
11 England/Wales, Northern Ireland and Scotland 

7 

 
 
                                                            
in the place where the offence was committed, or a denunciation from the State of the place 
where the offence was committed". 

Article  10(1)(a)  obliges  Member  States  to  take  the  necessary  measures  to  establish 
jurisdiction  when  the  offence  is  committed  in  whole  or  in  part  within  their  territory.  All 
Member States have transposed this provision; however, in HR, CY, LV and SI, it is unclear 
whether jurisdiction is established also when a crime has been partially committed within the 
territory.  

Article  10(1)(b)  requires  Member  States  to  take  the  necessary  measures  to  establish 
jurisdiction when the offender is one of their nationals. All Member States took measures to 
transpose this provision. 

Article 10(2)(a) to (c) sets out some optional jurisdictional grounds and most Member States 
have  adopted  at  least  one  of  these.  For  BG,  DE  and  FR  no  optional  jurisdictional  grounds 
have been identified.  

As regards Article 10(3)(a), most Member States transposed this provision in the national law  
and  have  not  introduced  such  a  requirement  when  determining  jurisdiction  under  Article 
10(1).  However,  in  EE,  NL,  PT  and  RO  jurisdiction  (under  Article  10(1)(b))  is  only 
established when the offence is criminalised in the place where it is committed. 

Concerning  Article  10(3)(b),  specifying  that  jurisdiction  based  on  the  principles  of 
territoriality and active personality shall not be subject to the requirement that prosecution can 
be  initiated  only  following  a  report  made  by  the  victim  in  the  place  where  the  offence  was 
committed, or a denunciation from the State of the place where the offence was committed, 
none of the Member States have introduced such a requirement. They thus all transposed the 
Directive as regards the obligatory jurisdictional grounds under Article 10(1).  

2.2. Assistance, support and protection measures for victims 

2.2.1 Assistance and support for victims of trafficking in human beings (Article 11) 

Article 11 lays down a number of obligations related to the assistance and support for victims 
of trafficking in human beings, including measures on identification. The necessary measures 
required  by  this  Article  are  often  included  not  only  in  legislative  acts  but  also  in  national 
action plans, strategies and programmes. The majority of the Member States have transposed 
the different provisions of the Article, although some issues concerning the transposition  of 
paragraphs 2 and 7 require closer attention.  

As regards Article 11(2), only  half of the Member  States clearly require that assistance and 
support  should  be  provided  as  soon  as  the  competent  authorities  have  an  indication  or 
reasonable grounds to believe that the person is a victim of trafficking in human beings (BG, 
EE,  ES,  FR,  CY,  IE,  LT,  LU,  NL,  RO,  SK,  FI  and  UK).  Some  Member  States  have 
transposed  Article  11(2)  also  by  referring  to  a  list  of  indicators  enabling  the  "reasonable 
ground" identification of a person as a victim (BG, LT, LU and RO). 

8 

 
 
A  key  aspect  of  the  Directive,  as  stipulated  in Article  11(3),  is  the requirement  on  Member 
States  to  ensure  that  assistance  and  support  for  a  victim  are  not  made  conditional  on  the 
victim’s willingness to cooperate in the criminal investigation, prosecution or trial.  Member 
States  took  measures  to  transpose  this  provision,  which  is  almost  literally  reflected  in  the 
legislation  of  CY,  MT  and  UK  (Gibraltar,  Scotland  and  Northern  Ireland).The 
information  available  for  BE  is  not  conclusive  as  to  whether  unconditional  provisions  of 
assistance and support are available and applicable for all victims irrespective of nationality. 
In  SK  it  appears  that  if  the  victim’s  presence  is  not  necessary  for  the  purposes  of  criminal 
proceedings, he/she can be discarded from the assistance programme.  

In  most  cases,  national  law  does  not  contain  a  condition  requiring  the  willingness  of  the 
victim  to  cooperate  in  the  criminal  investigation  (AT,  BG,  CZ,  EL,  FI,  HR,  HU,  IT,  LT, 
LU, LV, NL, PL, PT, SE, SI and UK (England/Wales)). Some Member States, such as EE, 
ES,  FR,  IE,  CY,  MT,  RO  and  UK  (Scotland,  Northern  Ireland  and  Gibraltar),  clearly 
foresee that willingness to cooperate is not necessary for the assistance to be provided to the 
victims.  In  the  majority  of  the  national  measures,  transposition  was  also  illustrated  by  rules 
transposing  Directive  2004/81/EC  in  regard  to  victims  who  are  third-country  nationals12. 
Member  States  established  mechanisms  of  diverse  nature13  aimed  at  the  early  identification 
of,  assistance  to  and  support  for  victims,  in  cooperation  with  relevant  support  organisations 
under Article 11(4). 

The minimum requirements of Article 11(5) on assistance and support measures to the victims 
are  reflected  in  various  ways,  e.g.  including  the  provision  of  the  Directive  literally  in  the 
national law (CY, MT, UK (Gibraltar)) or spelled out in a disperse manner in the provisions 
of different acts (BE, BG, EL, ES, FR, HU, IT, LV, LT, NL, AT, PL, PT, RO, SI and SK) or via 
catch-all provisions ensuring other form of assistance (BG,ES,HR, RO). National approaches 
are diverse in ensuring that assistance and support is provided on a consensual and informed 
basis.  

12 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who 
are  victims  of  trafficking  in  human  beings  or  who  have  been  the  subject  of  an  action  to  facilitate  illegal 
immigration, who cooperate with the competent authorities, OJ L261, 6.8.2004, p.19. 

13  For  most  Member  States,  concerning    Article  11(4)  consideration  was  given  to  the  collaboration,  for  the 
purposes  of  identification  of  victims  of  trafficking  in  human  beings,  between  governmental  competent 
authorities, local public bodies, and private entities such as NGO’s, shelters or any other associations recognised 
and  registered  by  the  State  and  who  are  likely  to  come  into  contact  with  victims.  As  a  rule,  the  national 
transposing  measures  highlight  the  duty  for  the  public  authorities  to  report  situations  of  trafficking  in  human 
beings,  bearing  in  mind  that  any  person  can  carry  out  such  report.  The  strengthening  of  proactive  and  early 
victim identification and swift provision of information and assistance to victims constitute major objectives in 
the national action plans, strategies and programmes. Often, the latter provide for guidelines on the identification 
procedures. Habitually, the identification procedure is divided in several stages. The national instruments of BG, 
FR,  LU,  CY  MT  and  SI  refer  specifically  to  a  list  of  indicators  for  the  purposes  of  identification  of  victims. 
Some  national  mechanisms  also  include  the  setting  up  of  manuals,  guidelines,  and  recommendations  for  the 
purposes of the identification of victims (CZ, EE, ES, LV, LT, CY, MT, SI, SE). In BE law, the mechanism put 
in place applies only to non-Belgian victims. 

9 

 
 
                                                            
Article 11(6) on information to be provided under the assistance and support is reflected in the 
national  laws  of  most  Member  States  (BG,  CY,  CZ,  EE,  EL,  ES,  FR,  HR,  LT,  LU,  MT, 
AT,  PL,  PT,  RO,  SK,  FI  and  UK).  Based  on  the  information  available,  the  latter  do  not 
ensure that the victims are provided with information that covers the reflection and recovery 
period  pursuant to  Directive 2004/81/EC, as  well as  the possibility of granting  international 
protection  and  refugee  status  pursuant  to  Directive  2004/83/EC  and  Directive  2005/85/EC. 
Apart  from  CY,  MT  and  UK  (Gibraltar),  where  this  requirement  is  almost  literally 
transposed,  it  is  mainly  inferred  from  a  set  of  provisions  on  the  procedures  of  granting  of 
residence permits for third-country nationals. Most frequently, the national measures foresee 
the duty to inform foreigners in a broad manner and not specifically victims of trafficking in 
human  beings.  Based  on  the  information  submitted  to  the  Commission,  the  provision  of 
information on the reflection period is clearly foreseen in EE, ES, FI, FR, IE, CY, LT, LU, 
MT, PT, SK and UK (Gibraltar).  

The Directive requirement on the information on international protection and refugee status is 
clearly  foreseen  in  BG,  EE,  IT,  CY,  MT,  PL,  SK  and  UK  (Gibraltar).  BG  and  SK 
specifically address victims for trafficking in human beings.  

The  provision  of  information  on  international  protection  in  HU,  IE,  NL  and  SE,  on  the 
reflection  period  in  IT,  or  both  types  of  information  in  BE,  LV  and  SI  might  need  closer 
examination. 

Member States used legislation (EE, EL, FI, HU, IT, CY, LV, LT, LU, MT, NL, PL, PT, 
RO,  SK  and  SE)  or  legislation  with  accompanying  soft  law  measures    (BE,  BG,  CZ,  ES, 
FR, IE, HR, AT, SI and UK) to transpose Article 11(6). Moreover, in some Member States 
the  Directive  requirement  is  present  in  acts  specifically  addressing  trafficking  in  human 
beings (CY), acts with a general scope (EE, EL, HU, IT, AT, PL, PT, SE) or in both (BE, 
BG, CZ, ES, FR, IE, HR, LV, LT, LU, MT NL, RO, SK, FI ).  

The  transposition  of  the  provision  in  Article  11(7)  requiring  Member  States  to  attend  to 
victims  with  special  needs,  whether  those  needs  derive  from  pregnancy,  their  health,  a 
disability, a mental or psychological disorder they have, or a serious form of psychological, 
physical  or  sexual  violence  they  have  suffered,  requires  further  examination.  Based  on  the 
information available divergences have been observed with regard to the transposition of this 
requirement.  

2.2.2 Protection of victims of trafficking in human beings in criminal investigation and 
proceedings (Article 12) 

Article  12  establishes  a  number  of  protection  measures  for  victims  of  trafficking  in  human 
beings  in  criminal  investigations  and  proceedings.  While  it  has  been  transposed  by  the 
majority  of  Member  States,  some  issues  concerning  the  transposition  mentioned  below  of 
paragraphs 2 and 4 of this Article require closer attention. 

The provisions set by Article 12 have been transposed mainly in national criminal procedure 
laws, while some Member States have included them in specific acts addressing trafficking in 

10 

 
 
human beings  (EL, LU, CY, NL, RO, SK,  FI  and  UK) or  acts on protection of victims of 
crimes (CZ, ES and PT).  

As required by Article 12(1), all Member States14 ensure that the protection measures set out 
in  their  legislation  apply  in  addition  to  the  rights  set  out  in  Framework  Decision 
2001/220/JHA, currently Directive 2012/29/EU15.  

Article 12(2), requiring Member States to provide victims of trafficking in human beings with 
access without delay to legal counselling and legal representation, including for the purpose 
of  claiming  compensation,  and  free  of  charge  where  the  victim  does  not  have  sufficient 
financial resources, is  reflected in  national laws of  most  Member States (BG, CZ,  EE, EL, 
ES,  FR,  HR,  CY,  LV,  LT,  MT,  AT,  PT,  SI,  SK,  FI,  SE  and  UK).  Most  Member  States 
provide for the possibility of a legal aid free of charge in cases where a person does not have 
sufficient financial resources. EL, HR, LV and SE go further as such aid is granted for free 
regardless of the resources of the victim. Regarding the provision of legal representation and 
legal counselling ‘without delay’, EE, ES, MT and UK (Gibraltar) reflect this condition in 
an explicit manner in their respective laws. Moreover, regarding the scope of access of legal 
representation  the  information  concerning  IT  and  LU  is  not  conclusive  and  might  require 
further examination.  

With  regard  to  Article  12(3)  all  Member  States  ensure  that  victims  of  trafficking  in  human 
beings receive appropriate protection on the basis of an individual risk assessment, inter alia, 
by having access to witness protection programmes.  

Paragraph  4  establishes  a  number  of  procedures  and  situations  that  should  be  avoided  in 
criminal investigations and proceedings, such as unnecessary repetition of interviews, visual 
contacts between  victims and defendants, giving of evidence  in open court  and  unnecessary 
questioning concerning the victim's private life. Most Member States have taken measures to 
transpose  this  provision,  however  due  to  the  fact  that  some  procedures  are  not  covered 
explicitly  in  the  national  legislation,  the  Commission  might  need  to  further  examine  the 
practical implementation of this provision  

2.2.3 General provisions on assistance, support and protection measures for child 
victims of trafficking in human beings (Article 13) 

Article  13  stipulates  that  child  victims  of  trafficking  shall  be  provided  with  specific 
assistance,  support  and  protection  measures  which  consider  their  best  interests.  Most  of  the 
provisions  have  been  transposed  by  the  majority  of  the  Member  States.  An  important 
principle set forth by the Directive is the presumption of childhood.  Nevertheless, a number 
of issues arise for LT, IT, BE, CZ, FI, FR, HU, IE, LV, NL, AT, PL, RO, SE and SI  in 
regard  to  the  transposition  of  paragraph  2,  which  provides  that  assistance,  support  and 

14 CZ, PT and UK (Gibraltar) which transposed Article 12(1) explicitly. 
15  Directive  2012/29/EU  of  the  European  Parliament  and  of  the  Council  of  25 October  2012  establishing 
minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework 
Decision 2001/220/JHA, OJ L 315, 14.11.2012. 

11 

 
 
                                                            
protection measures should be also offered to those victims whose age is unknown, but who 
can be presumed to be children. 

2.2.4 Assistance and support to child victims (Article 14) 

Article  14  requires  Member  States  to  adopt  specific  assistance  and  support  measures  which 
are  tailored  to  children  who  have  become  victims  of  trafficking  in  human  beings.  Most 
Member States (BG, CZ, EE, ES, FR, CY, HU, LT, PT, RO, SK and UK) make a general 
reference  to  the  provision  of  assistance  and  support  measures,  covering  counselling,  social 
support as well as access to healthcare services and an appropriate form of accommodation. 
Others  (HR,  IT,  LU,  AT  and  SI)  make  reference  to  specific  psychological  and  medical 
assistance  measures,  the  placement  in  the  social  welfare  system  (HR),  the  provision  of  a 
temporary  residence  permit  (SI)  and  the  setting  up  of  child  protection  groups  in  hospitals 
(AT).  These  assistance  and  support  measures  should  be  granted  to  the  child  victim  after  an 
individual assessment. The assistance and support measures offered by some Member States 
(BE,  EL,  LV  and  PL)  are  applicable  to  all  victims.  It  is  difficult  to  assess  whether  the 
approach  sufficiently  addresses  the  specific  needs  of  child  victims,  including  access  to 
education for child victims and the children of victims, and the Commission will examine this 
further.  

Article 14(1) provides that these measures should assist and support the child "in the short and 
long  term":  only  FR  makes  explicit  reference  to  the  time  period  of  the  duration  of  the 
assistance  measures,  while  the  other  Member  States  seem  to  provide  such  measures  for  a 
"reasonable time" without specifying the precise time frame.  

Article  14(2)  establishes  that  a  guardian  or  a  representative  should  be  appointed  for  a  child 
victim  of  trafficking  in  human  beings  once  the  child  is  identified,  where  the  holders  of  the 
parental  responsibilities  due  to  a  conflict  of  interest  cannot  ensure  the  best  interests  of  the 
child.  All  Member  States  reflect  this  provision:  a  few  Member  States  (CY,  NL  and  UK) 
adopted specific provisions to that purpose, while the others ensure the appointment through 
their general rules. 

Article  14(3)  lays  down  that  Member  States  should  provide  assistance  and  support,  where 
appropriate and possible, also to the family of the child victims that live on the territory of the 
Member State. Half of the Member States (BG, ES, CY, LT, LU, MT, PL, PT, SI, SK, FI, 
SE, and UK) have adopted specific measures for the family of the child victim16.  

16 The types of measures vary from Member State to Member State. They include access to social services (BG, 
LT,  PL  and  SK),  assistance  in  regard  to  the  upbringing  of  the  child  by  means  of  providing  families  with  the 
necessary  access  to  services  (FI  and  UK  (England/Wales,  Northern  Ireland  and  Scotland)),  the  provision  of 
information, legal representation as well as family support and, if appropriate, financial help (PT), access to the 
same type of information as the victim (CY), psychological, social and educational assistance (LU and MT) or 
support and help (SE).   

12 

 
 
                                                            
2.2.5 Protection of child victims of trafficking in human beings in criminal investigations 
and proceedings (Article 15) 

Article  15  lays  down  an  obligation  for  Member  States  to  establish  a  number  of  protection 
measures for child victims of trafficking in human beings during criminal investigations and 
proceedings. All national legislations appear to include provisions corresponding with Article 
15(1) to ensure that in criminal investigations and proceedings, a representative is appointed 
for the child victim of trafficking  where the holders of parental responsibility are precluded 
from representing the child as a result of a conflict of interest. The right to legal counselling 
and legal representation for the child victim of trafficking foreseen in paragraph 2 tends to be 
covered by general rules of criminal and civil law applicable to everyone, including adults and 
children. 

Member States reflect the specific protection measures listed in Article 15(3)(a) to (f) mainly 
through general provisions of criminal procedure laws or acts protecting victims of crimes in 
general.  Thus  while  general  measures  and  provisions  in  criminal  procedures  laws  on 
protecting victims of crime exist, there seems to be a lack of specific measures for children 
victims  of  trafficking.  Specific  national  measures  for  child  victims  of  trafficking  have  been 
identified  in  EL,  CY,  LV,  NL,  MT,  RO,  and  UK.  This  provision  might  require  closer 
examination  as  some  Member  States  seem  to  apply  all  or  some  of  the  protection  measures 
only to children under 14 (DE, EE, IE, LV, AT, RO) or 15 years old (PL), while Article 2(6) 
of the Directive states that child shall mean any person below 18 years of age. 

In compliance with Article 15(4), the majority of the Member States ensure that in criminal 
investigations of trafficking in human beings all interviews with a child victim or witness may 
be  video  recorded  and  that  such  video  recorded  interviews  may  be  used  as  evidence  in 
criminal  court  proceedings.17  Predominantly  Member  States  reflect  this  provision  in  their 
criminal procedure laws. Those cases require attention, where the provisions are limited based 
on the age of the minors.  

Article  15(5)  requiring  that  Member  States  adopt  the  necessary  measures  to  ensure  that  in 
criminal  court  proceedings  specific  protection  measures  may  be  ordered  is  ensured  mainly 
through  general  measures  of  criminal  procedure  law.  Most  Member  States  ensure  that  the 
hearing of the minor victim or witness takes place without the presence of the public, but in 
some  Member  States  it  is  subject  to  specific  conditions.  Most  Member  States  generally 
provide  that  the  child  victim  can  be  heard  in  the  courtroom  without  being  present,  in 
particular, through the use of appropriate communication technologies, but in some MS this 
option is linked to the age of the minor.18 

17 EE, CY, LU, MT and NL transposed Article 15(4) literally. 
18 The identified national measures appear to cover minors under 14 years old (HU and LV), under 15 years old 
(FI and PL) or under 16 years old (MT). 

13 

 
 
                                                            
2.2.6 Assistance, support and protection for unaccompanied child victims fo trafficking 
in human beings (Article 16) 

Article 16 concerns unaccompanied child victims of trafficking and requires Member States 
to  provide  them  with  assistance,  support  and  protection  measures  that  meet  their  specific 
needs.  Such  measures  should  not  only  take  into  account  the  best  interests  of  the 
unaccompanied children, but also provide them with a durable solution.  

Specific  measures  in  relation  to  the  medical  and    psychological  care,  as  well  as  the 
representation and the accommodation of unaccompanied child victims exist in some Member 
States  (HU,  IE,  CY,  AT,  SK  and  FI),  while  in  others  (BG,  EE,  HR,  LV,  PT,  SI,  UK) 
unaccompanied  child  victims  appear  to  be  covered  by  general  rules.  Limited  number  of 
measures,  in  addition  to  the  general  rules  applicable  to  all  children,  tailored  specifically  for 
unaccompanied child victims exist in FR, LU and NL 

Most  Member  States  ensure  that  unaccompanied  child  victims  are  provided  with  specific 
assistance and support measures  –  such  as  medical and psychological support and access to 
appropriate accommodation – in accordance with their best interests. Most of them ensure as 
well  measures  that  aim  at  seeking  long  term  stability  and  a  durable  solution  for  each 
individual child victim. Some requirements might need closer examination with regard to EL, 
LV and SE.19    

Pursuant  to  Article  16(3)  and  (4)  Member  States  shall  ensure  that  a  guardian  and  a 
representative  responsible  in  criminal  investigations  and  proceedings  are  appointed  to 
unaccompanied child victims of trafficking. This obligation is reflected in national laws of all 
Member States..  

2.2.7 Compensation to victims (Article 17) 

Article 17 requires Member States to ensure that victims of trafficking in human beings have 
access to existing schemes of compensation to victims of violent crimes of intent. All Member 
States  provide  the  possibility  for  such  compensation,  available  to  all  victims  irrespective  of 
nationality. In SI compensation appears to be provided to victims who are Slovenian or EU 
citizens. 

the  Member  States,  while  generally 

The type of compensation provided and the procedures for awarding the compensation varies 
including  payment  for  medical  and 
between 
psychological  treatment,  loss  of  income,  legal  fees  and  funeral  expenses.  Some  Member 
States (AT, SK, FI, and UK) also compensate for non-material damages, such as physical and 
psychological suffering. 

19  Based  on  the  available  information,  in  Greece  the  national  legislation  does  not  foresee  that  an  individual 
assessment  shall  take  place  upon  the  initial  identification  of  the  child  victim;  in  Latvia  the  national  measures 
appear  to  be  addressed  to  victims  in  general  and  do  not  appear  to  specify  in  the  law  special  needs  and  best 
interests of the unaccompanied child. 

14 

 
 
                                                            
As for the procedures to obtain compensation, many Member States (BG, CZ, ES, IE, LT, 
MT, NL, PT and SE) provide for a dual system whereby the victim can bring a civil action 
for  compensation  against  the  perpetrator  within  the  criminal  procedure;  if  the  victim  is  not 
fully compensated through this procedure, there is still a possibility to receive compensation 
from the State.  

Other  Member  States  (EE,  EL,  HU,  LV,  PL,  RO,  SK  and  UK)  have  special  provisions 
governing  compensation  for  victims  of  crimes  (including  violent  crimes)  or  for  injuries 
obtained through such crimes. In BE, FR and HR, a special fund for victims of violent crimes 
has been set up from which victims receive compensation from the State. 

2.3 Prevention (Article 18)  

Article  18  sets  forth  an  obligation  to  Member  States  for  taking  measures  to  discourage  and 
reduce the demand that fosters all forms of exploitation related to trafficking in human beings. 

The necessary measures required by this Article are often included not in legislative acts but 
in national action plans, strategies and programmes.  

Paragraph 1 provides that Member States must adopt appropriate measures, such as education 
and  training,  while  paragraph  2  concerns,  in  particular,  information  and  awareness-raising. 
Most Member States (BE, EE, EL, ES, FR, HR, HU, IE, CY, LT, MT, NL, AT, PL, PT, 
RO,  SI,  SK,  SE  and  UK)  have  adopted  action  plans  that  include  general  training  and 
education measures together with specific awareness-raising projects.  

Pursuant  to  paragraph  3,  Member  States  are  obliged  to  promote  the  regular  training  of 
officials that are likely to come into contact with victims or potential victims of trafficking in 
human  beings.  All  Member  States  have  adopted  measures  to  ensure  that  their  officials  are 
trained. The majority of Member States generally refer to officials that are likely to come in 
contact  with  victims  of  trafficking  in  human  beings,  while  some  others  make  explicit 
reference to the training of immigration officers (BE, FR and LU), judges (AT, BE, BG, CZ, 
HU,LT,  MT,  PL,  PT,  SE  and  SI),  prosecutors  (BG,  CZ,  EE,  ES,  HU,  IT,  LT,  MT,  NL, 
AT,  PL,  SI  and  SE),  law  enforcement  bodies  (EE,  NL  and  PL),  judicial  police  (ES), 
employees  of  different  Ministries  (BE,  CY,  ES,  MT  and  SI),  media  representatives  (BG), 
labour  inspectors  (CZ,  FR  and  SI),  army  officers  participating  in  missions  abroad  (CZ), 
healthcare professionals (FR, PT and SK), boarder control staff (HU, LT and PT) as well as 
social workers and staff of assistance services (BG, HU, IT, LT, LU, MT, PT, SI and SK).  

A more detailed assessment of measures taken or considered by Member States in the context 
of Article 18(4) of the Directive aiming to establish as a criminal offence the use of services 
which  are  the  objects  of  exploitation  of  victims  of  trafficking,  with  the  knowledge  that  the 
person is such a victim, is presented as a separate report20.  

20 See footnote 3 

15 

 
 
                                                            
2.4 National Rapporteurs or Equivalent Mechanisms and Coordination of the Union 
strategy against trafficking in human beings (Article 19 and 20)  

According  to  Article  19,  Member  States  shall  establish  national  rapporteurs  or  equivalent 
mechanisms (NREMs) with the task of carrying out assessment of trends, measuring of results 
of anti-trafficking actions, and gathering of statistics. Recital 27 clarifies that NREMS should 
be  established  in  the  way  that  Member  States  consider  appropriate  "according  to  their 
internal  organisation,  and  taking  into  account  the  need  for  a  minimum  structure  with 
identified tasks". Therefore, NREMs have different statuses and structures; in particular, some 
Member  States  have  established  NREMs  which  are  independent  from  the  government, 
whereas  the  vast  majority  have  NREMs  which  are  part  of  the  national  administration.  The 
Directive does not refer to the concept of independence for the NREMs, but rather describes 
their tasks and reporting obligations. 

Most Member States have  appointed a national rapporteur carrying out the tasks  set  by this 
Article;  some  Member  States21  have  appointed  a  specific  person,  others  a  body22,  while  the 
rest have established equivalent mechanisms. Article 20 requires Member States to facilitate 
the  tasks  of  the  EU  anti-trafficking  coordinator  (ATC)  and  in  particular,  to  transmit  to  the 
ATC the information referred to in Article 19, on the basis of which the ATC will contribute 
to reporting carried out by the Commission every 2 years  on the progress made in the fight 
against trafficking in human beings. All Member States have complied with this obligation by 
transmitting their inputs for the first Commission's report on the progress in the fight against 
trafficking in human beings adopted on 19 May 201623. 

Furthermore,  the  transposing  measures  in  EL,  IT,  CY,  LT  and  MT  foresee  in  an  explicit 
manner that information on the fight against trafficking in human beings is communicated to 
the  ATC.  More  particularly,  while  CY  requires  that  the  national  rapporteur  provides 
information to the ATC every 2 years, EL and IT set out the submission of an annual report 
and a biennial report, respectively. 

Other  Member  States,  such  as  BG,  ES,  FR,  HU  and  RO  transposed  Article  20  through  a 
general obligation of information exchange and cooperation with the competent authorities of 
other  countries  and  international  organisations.  Transposition  could  also  be  concluded  as 
regards  the  remaining  Member  States  mainly  based  on  the  general  tasks  allocated  to  the 
national rapporteur. 

21 BE, FR, HU, NL, PT and UK (Gibraltar)  
22 BG, CZ, EE, EL, ES, FI, HR, IT, CY, IE, LT, LU, LV, MT, AT, PL, RO, SI, SK, SE and UK (England/Wales, 
Northern Ireland and Scotland). 
23  Communication  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,  COM(2016) 
267 final.  

16 

 
 
                                                            
 
3.  CONCLUSIONS AND NEXT STEPS 

transposition  of 

Complete  and  correct 
its  meaningful 
implementation,  is  not  only  compulsory  but  also  necessary  in  order  to  make  a  substantial 
progress on national level in addressing  trafficking in human beings. The ultimate aim is to 
make  a  real  difference  in  the  lives  of  victims  and  step  up  the  fight  against  this  crime  by 
increasing the number of prosecutions and convictions. 

the  Directive,  followed  by 

The Commission has proactively monitored the transposition processes of the Directive. This 
Report, which should be read in conjunction with the Report responding to the obligation of 
Article 23(2) COM(2016) 719 of the Directive, is part of the process of ensuring its correct 
application and implementation. This overview shows that substantial efforts have been taken 
by the Member States to transpose this comprehensive instrument. 

 Nevertheless,  there  still  remains  significant  room  for  improvement  in  particular  as  regards: 
specific child protection measures, presumption of childhood and child age assessment, 
the  protection  before  and  during  criminal  proceedings,  access  to  unconditional 
assistance, compensation, non-punishment, assistance and support to the family member 
of a child victim as well as prevention.  

The Commission is ready to provide further support to Member States to ensure a satisfactory 
level of the implementation of the Directive in view of: the European Agenda on Security24, 
which  highlights  trafficking  in  human  beings  as  a  form  of  serious  and  organised  crime,  the 
current EU Strategy towards the eradication of trafficking in human beings 2012-201625, 
which calls for ensuring full transposition and implementation of the Directive, and the new 
post-2016 policy framework. If necessary, guidelines on the  practical implementation of the 
Directive could also be drawn up for specific provisions requiring it.  

The  Commission  will  continue  to  monitor  the  implementation  of  the  Directive  by 
Member  States  in  accordance  with  its  powers  under  the  Treaties  and  may  take  the 
infringement 
appropriate  action, 
procedures.  

including,  where  necessary,  the 

initiation  of 

24 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of Regions The European Agenda on Security, COM(2015) 185 final. 
25 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social  Committee  and  the  Committee  of  Regions  The  EU  Strategy  towards  the  Eradication  of  Trafficking  in 
Human Beings 2012–2016, COM(2012) 286 final.  

17