COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Second report on the progress made in the fight against trafficking in human beings (2018) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Date: 2018-12-03
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, 3.12.2018  SWD(2018) 473 final  COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  Second report on the progress made in the fight against trafficking in human beings (2018) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims {COM(2018) 777 final}  
 
 
Contents 
1. 

INTRODUCTION ......................................................................................................................... 3 

1.1. Methodology and information sources ..................................................................................... 3 

1.2. Member States and National Rapporteurs or Equivalent Mechanisms (NREMs) .............. 4 

1.3. EU Civil Society Platform and e-Platform against trafficking in human beings ................. 5 

1.4. EU Agencies, and international and regional organisations ................................................... 5 

2.  EMERGING TRENDS AND PATTERNS IN ADDRESSING TRAFFICKING IN HUMAN 
BEINGS .................................................................................................................................................. 5 

2.1. Statistical data for 2015-2016 .................................................................................................... 6 

2.2 Patterns and Emerging Trends .................................................................................................. 7 

2.2.1. Trafficking for the purpose of sexual exploitation ........................................................... 7 

2.2.2. Trafficking for the purpose of labour exploitation ......................................................... 11 

2.2.3. Other forms of exploitation .............................................................................................. 14 

2.2.3.1. Trafficking for forced criminality and forced begging ............................................... 14 

2.2.3.2. Trafficking for forced and exploitative sham marriages ............................................ 14 

2.2.4. Emerging patterns of trafficking ..................................................................................... 15 

2.2.4.1. Internal trafficking ......................................................................................................... 15 

2.2.4.2. Child trafficking ............................................................................................................. 16 

2.2.4.3. Vulnerability of Roma victims ...................................................................................... 18 

2.2.4.4 Persons with disabilities and dependencies and emerging patterns ........................... 20 

3. TRAFFICKING IN THE CONTEXT OF INTERNATIONAL MIGRATION ........................ 20 

3.1. Conceptual clarity – Trafficking in human beings and migrant smuggling ....................... 22 

3.2. Trafficking and international protection ............................................................................... 22 

4. PROFILES AND HOW THE TRAFFICKERS WORK ............................................................. 24 

4.1. The use of information and communication technologies .................................................... 26 

5. PREVENTING TRAFFICKING IN HUMAN BEINGS BY COUNTERING THE CULTURE 
OF IMPUNITY .................................................................................................................................... 26 

5.1. Encouraging the criminalisation of the use of services provided by the victims ................ 28 

5.2. Increasing accountability and results through effective investigations and prosecutions . 33 

5.2.1. Financial investigations ..................................................................................................... 35 

5.2.2. Freezing, seizing and confiscation of proceeds of crime ................................................ 37 

5.2.3. Joint Actions ...................................................................................................................... 40 

5.2.4. Cross border cooperation ................................................................................................. 43 

5.2.5. Links of Trafficking in Human Beings with other crimes ............................................. 45 

5.2.6. Special Investigative Techniques and Specific Competences ........................................ 45 

5.3. Awareness Raising and Training ............................................................................................ 46 
1 

 
 
 
5.4. Due diligence and responsibility of legal persons in the trafficking chain .......................... 49 

6. ACCESS TO AND REALISATION OF RIGHTS FOR VICTIMS ........................................... 51 

6.1 Identification of Victims of Trafficking in Human Beings .................................................... 52 

6.1.1. National and Transnational Referral Mechanisms (NRMs and TRMs) ...................... 55 

6.1.2. Transnational cooperation ................................................................................................ 57 

6.2. Assistance and protection of victims of trafficking ............................................................... 58 

6.2.1. Assistance and protection of child victims ...................................................................... 59 

6.3. Cooperation with civil society and other actors ..................................................................... 63 

6.4. Compensation to victims .......................................................................................................... 63 

6.5. Application of the non-punishment principle ........................................................................ 65 

7. INTENSIFY A COORDINATED AND CONSOLIDATED RESPONSE ................................. 66 

7.1. EU Network of National Rapporteurs or Equivalent Mechanisms on Trafficking in 
Human Beings .................................................................................................................................. 67 

7.2. EU Civil Society Platform and ePlatform against trafficking in human beings ................. 68 

7.3. Working with EU Agencies...................................................................................................... 68 

7.4. The external dimension ............................................................................................................ 74 

8. Crosscutting Priorities .................................................................................................................... 77 

8.1. Statistical Data Collection ........................................................................................................ 77 

8.2. National Estimates .................................................................................................................... 79 

8.3. Funding ..................................................................................................................................... 79 

ANNEX I .............................................................................................................................................. 84 

UPDATE ON THE IMPLEMENTATION OF DIRECTIVE 2004/81/EC .................................... 84 

1.  Targeted Consultations ........................................................................................................... 85 

2.  Member States’ contributions ................................................................................................ 87 

List of referenced documents ............................................................................................................. 88 

2 

 
 
 
 
 
1.  INTRODUCTION 

This  staff  working  document  complements  the  second  Commission  report  on  the  progress 
made in the fight against trafficking in human beings as required under article 20 of Directive 
2011/36/EU1  on  preventing  and  combating  trafficking  in  human  beings  and  protecting  its 
victims (hereafter ‘the Report’). It aims to provide a factual overview of the progress made 
in  addressing  trafficking  in  human  beings  in  the  EU,  including  statistical  data,  as 
reported  by  Member  States,  EU  Agencies,  civil  society  and  international  or  regional 
organisations.  

The  document  additionally  takes  into  consideration  actions  implemented  by  the  European 
Commission and other relevant stakeholders in the context of the EU Strategy towards the 
eradication  of  trafficking  in  human  beings  2012-20162  (hereafter  "the  EU  Strategy")  and 
the  2017  Commission  Communication  ‘Reporting  on  the  follow-up  to  the  EU  Strategy 
towards the eradication of trafficking in human beings and identifying further concrete 
actions3’  (hereafter  “the  2017  Communication”).  The  targeted  priority  actions  stipulated  in 
this Communication include (i) disrupting the traffickers’ business model and untangling the 
trafficking  chain,  (ii)  providing  better  access  to  and  realising  the  rights  for  victims  and  (iii) 
intensifying  a  coordinated  and  consolidated  response,  both  within  and  outside  the  EU;  and 
two cross cutting priorities (iv) actions for a sound knowledge base and (v) actions to support 
anti-trafficking priorities in EU and non-EU countries. 

The staff working document elaborates on the topics presented in the Report in selected areas 
of  the  ‘four  Ps’,  prosecution,  protection,  prevention,  and  partnership/cooperation,  which  are 
not  only  the  main  pillars  of  the  Directive  2011/36/EU4  (hereafter  “the  Anti-Trafficking 
Directive”) but also reflect the targeted priorities set forth in the 2017 Communication.  

The first section of this staff working document describes the methodology and information 
sources used  for drafting both  the Report  and this document. The  following sections mirror 
the structure of the Report by providing detailed elements on: emerging patterns based on data 
and trends; specific anti-trafficking actions; funding; implementation of the EU Strategy and 
the 2017 Communication, brief analysis of statistical data provided by the Member States, and 
an  update  on  the  implementation  of  the  Directive  2004/81/EC5  on  residence  permits  for 
victims of trafficking.   

1.1. Methodology and information sources 
The  Report  and  this  accompanying  staff  working  document  are  based  on  a  wide  range  of 
information and sources, including:  

http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52012DC0286.  

1   COM(2018) 777 
2  
3   COM (2017) 728. 
4   Directive 2011/36/EU of the  European Parliament and of the  Council of 5  April 2011 on preventing and 
combating  trafficking  in  human  beings  and  protecting  its  victims,  and  replacing  Council  Framework 
Decision 2002/629/JHA, OJ L 101, 15.4.2011. 

5   Council Directive 2004/81/EC of 29 April 2004 on the  residence permit issued to third-country  nationals 
who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal 
immigration, who cooperate with the competent authorities, OJ L 261, 6.8.2004. 

3 

 
 
 
 
 
 
 
                                                           
 

information  gathered  by  the  national  rapporteurs  or  equivalent  mechanisms  and 
transmitted to the EU Anti-Trafficking Coordinator6 by the Member States pursuant to 
Article 19 and 20 of the Anti-Trafficking Directive7;  

  actions  taken  by  the  Commission  and  other  stakeholders  under  the  EU  Strategy  and 

the 2017 Communication;  

  contributions  submitted  by  civil  society  organisations  participating  in  the  EU  Civil 
Society Platform and the e-Platform against Trafficking in Human Beings8; and  
information from relevant EU agencies, and international and regional organisations. 

 

The report and its accompanying staff working  document, presents  emerging patterns based 
on data and trends, actions taken under the EU Strategy and the progress in implementing the 
2017  Communication,  in  line  with  the  commitment  undertaken  therein.  The  report  also 
contains  statistical  data  provided  by  the  Member  States  and  presents  an  update  on  the 
implementation of Directive 2004/81/EC9 on residence permits for victims of trafficking. The 
narrative information submitted by Member States mainly covers the period 2014-2016, while 
the  report  and  staff  working  document  draw  on  information  from  sources  such  as  Member 
States, civil society, international organisations and Commission publications. 

The methodology and sources used to gather this information are detailed below.  

1.2. Member States and National Rapporteurs or Equivalent Mechanisms (NREMs) 
Article 19 of the the Anti-Trafficking Directive states that the tasks of the NREMs should at 
least  include  ‘the  carrying  out  of  assessments  of  trends  in  trafficking  in  human  beings,  the 
measuring  of  results  of  anti-trafficking  actions,  including  gathering  of  statistics  in  close 
cooperation  with  relevant  civil  society  organisations  active  in  this  field,  and  reporting". 
Article  20  of  the  Anti-Trafficking  Directive  further  stipulates  that  ‘Member  States  shall 
transmit to the ATC the information referred to in Article 19, on the basis of which the ATC 
shall contribute to reporting carried out by the Commission every two years on the progress 
made in the fight against trafficking in human beings’.  

The  methodological  aspects  followed  are  in  line  with  the  approach  taken  for  the  first 
Commission  progress  report  adopted  in  201610  and  it  builds  on  that  previous  experience. 
Thus, a template was discussed and agreed with the EU Network of National Rapporteurs or 
Equivalent Mechanisms  on trafficking  in  human  beings to  facilitate reporting. The template 
provided a general direction for the reporting and aimed at ensuring a coordinated approach 
for  a  coherent  report  at  the  EU  level.  The  information  gathered  by  the  NREMs  and 

https://ec.europa.eu/anti-trafficking/eu-anti-trafficking-coordinator_en 

6  
7   Under  Art.  19  of  Directive  2011/36/EU,  the  tasks  of  the  national  rapporteurs  or  equivalent  mechanisms 
should  at  least  include  ‘carrying  out  assessments  of  trends  in  trafficking  in  human  beings,  measuring  of 
results of anti-trafficking actions, including  gathering of statistics in close cooperation with relevant civil 
society organisations active in this field, and reporting’. Art. 20 of Directive 2011/36/EU further stipulates 
that  ‘Member  States  shall  transmit  to  the  ATC  the  information  referred  to  in  Article  19,  on  the  basis  of 
which the ATC shall contribute to reporting carried out by the Commission every 2 years on the progress 
made in the fight against trafficking in human beings’. 
https://ec.europa.eu/anti-trafficking/media-outreach-els/eu-civil-society-e-platform_en 

8  
9   Council Directive 2004/81/EC of 29 April 2004 on the  residence permit issued to third-country  nationals 
who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal 
immigration, who cooperate with the competent authorities, OJ L 261, 6.8.2004. 

10   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. 

4 

 
 
 
 
 
 
                                                           
transmitted  by  the  Member  States  is  extensive  and  includes  reporting  on  national 
developments, new patterns and trends in the field of anti-trafficking, statistics and funding. 
National  examples  are  presented  throughout  this  paper  in  order  to  enrich  available 
information at EU level.  

1.3. EU Civil Society Platform and e-Platform against trafficking in human beings  
The  report  and  staff  working  document  take  into  consideration  contributions  submitted  by 
civil society organisations participating in the EU Civil Society Platform against trafficking in 
human  beings  (hereafter  ‘the  Platform’)  and  the  complementary  e-Platform.  As  per  the 
process  followed  for  the  publication  of  the  first  progress  report  (2016),  these  contributions 
relate  to  the  input  received  from  the  EU  Network  of  NREMs  Network  or  other  relevant 
information.  Reports  transmitted  by  26  Member  States11  have  been  made  available  for 
comments via the EU Civil Society e-Platform. 

This process continues to represent a concrete example of implementation of the requirement 
of  close  cooperation  with  civil  society  organisations  set  forth  by  the  Anti-trafficking 
Directive, which recognises their key role in the joint efforts to address trafficking in human 
beings, as equal partners.  

Civil Society Contribution to the Report 
For this report, 14 contributions  (single and joint) were submitted for consideration through 
the described process, including 88 civil society organisations participating in the Platform, in 
the e-Platform or other. Contributing NGOs are based in 18 Member States (AT, BE, BG, CZ, 
DE,  DK,  EE,  ES,  FI,  FR,  IT,  IE,  LV,  NL,  PL,  RO,  SE,  UK),  including  European  and 
international  offices,  with  NGOs  from  non-EU  countries  (8)  also  participating  in  joint 
submissions. 

1.4. EU Agencies, and international and regional organisations 
The Report and this  staff working document take also into account information provided by 
the  following  EU  Justice  and  Home  Affairs  Agencies  in  the  context  of  the  work  delivered 
under the Joint Statement signed by the Heads of seven Justice and Home Affairs Agencies in 
2011:  European  Asylum  Support  Office  (EASO),  European  Police  Office  (Europol),  EU 
Judicial  Cooperation  Unit  (Eurojust),  European  Institute  for  Gender  Equality  (EIGE), 
European  Border  and  Coast  Guard  Agency  (Frontex),  EU  Agency  for  Fundamental  Rights 
(FRA),  EU  Agency  for  Law  Enforcement  Training  (CEPOL).  A  relaunch  of  this  Joint 
Statement was marked in 2018, which brought on board further relevant EU Agencies joining 
the effort, as a key action under the 2017 Communication12. More information on this can be 
found in Section 7.3 of this staff working document. 

2.  EMERGING  TRENDS  AND  PATTERNS  IN  ADDRESSING  TRAFFICKING  IN 

HUMAN BEINGS  

11   Two Member States objected on sharing their reports through the described process. 
12 

https://ec.europa.eu/anti-trafficking/eu-policy/heads-ten-eu-agencies-commit-working-together-against-
trafficking-human-beings_en. 

5 

 
 
 
 
 
 
 
 
                                                           
2.1. Statistical data for 2015-2016 
The  fourth  exercise  in  the  collection  of  statistics  on  trafficking  in  human  beings,  mainly 
focusing on the period 2015-2016, presented in this second progress report13, provides more 
data  than  the  previous  ones.    All  Member  States  have  provided  statistical  data,  though  at 
varying levels of detail. Eurostat published two working papers on EU-level statistics in 2013 
and 2014, updated in 2015, followed by a limited data collection exercise by the Commission 
for 2013-2014, reported in the first progress report14. 

The  data  for  2015-2016  show  similar  patterns  among  registered  victims  and  traffickers  in 
contact  with  the  police  and  criminal  justice  system  to  those  found  in  previous  reporting 
periods. These data concern those in  contact  with  authorities and other organisations. There 
are reasons to believe that many victims and traffickers remain undetected and are therefore 
not included in these figures reported here. There are substantial differences in the way that 
Member  States  collect  and  record  data,  so  there  is  a  need  for  caution  in  any  comparisons 
between them and over time. 

For 2015-2016: 
  There were 20 532 registered victims of trafficking in the EU. 
  5979 prosecutions and 2927 convictions for trafficking in human beings were reported.  
  7503 people had formal contact with the police or the criminal justice system, that is were 
suspected,  arrested  or  cautioned  for  a  criminal  offence  concerning  trafficking  in  human 
beings. 

  Over  half  (56%)  of  trafficking  in  human  beings  was  for  the  purpose  of  sexual 
exploitation and this remains the most widespread form. Around one quarter (26%) was 
trafficking for labour exploitation, while other forms (such as forced begging, organ 
removal) (18%) made up the remainder. The majority (61%) of the registered victims 
of  trafficking  for  labour  exploitation  are  found  in  the  UK,  so  data  from  the  UK 
significantly changes the proportion of trafficking that is for labour at the EU level. If the 
UK  data  are  not  included,  then  the  proportions  change  to:  sexual  65%,  labour  15%  and 
other 20%. 

  Females (women and girls) were over two-thirds (68%) of the registered victims (if UK 

data were not included this rises to 77%). 

  Children were almost one quarter (23%) of the registered victims. 
  EU citizens were (44%) of registered victims. 
  The top five EU countries of citizenship of registered victims were Romania, Hungary, the 
Netherlands,  Poland and Bulgaria. These are the  same countries  as in 2010-2012  and in 
the first Commission progress report. 

  The top five non-EU countries of citizenship of registered victims were Nigeria, Albania, 

Vietnam, China and Eritrea. 

The  Commission  has  worked  with  Member  States,  Eurostat  and  statistical  authorities  to 
improve the data available. There is more detail, as well as new information, on the different 
ways that state services engage, support victims and act to reduce the impunity of traffickers. 
This  work  included  requests  for  information  in  relation  to  victims,  such  as,  the  use  of 
international  protection  status  and 
the 
criminalisation of the use of services of victims of trafficking. However, there remain gaps in 

impunity,  such  as, 

to  reducing 

in  relation 

13   More details can be found in the linked data analysis study containing updated statistics and describing the 

methodology followed. 

14   COM (2016)267. 

6 

 
 
 
 
 
                                                           
the  provision  of  data  by  Member  States,  which  place  limits  on  the  reliability  and 
comparability of the information. 

The Commission will continue supporting the Member States in their efforts to improve 
availability,  recording  and  registration,  reliability  and  comparability  of  data  on 
trafficking  in  human  beings  in  order  to  monitor  the  phenomenon  and  ensure  better 
policy-making.  

2.2 Patterns and Emerging Trends  
Article  19  of  the  Anti-Trafficking  Directive  requires  that  Member  States  take  the  necessary 
measures  to  establish  national  rapporteurs  or  equivalent  mechanisms.  The  tasks  of  such 
mechanisms  shall  include  the  carrying  out  of  assessments  of  trends  in  trafficking  in  human 
beings, the measuring of results of anti-trafficking actions, including the gathering of statistics 
in close cooperation with relevant civil society organisations active in this field, and reporting. 
Information  following  below  contains  such  trends  and  patterns  as  reported  by  the  Member 
States and the civil society in narrative reports. 

Trafficking  in  human  beings  is  a  complex  social  phenomenon  that  takes  many  forms.  It 
develops  over  time,  often  according  to  the  demand  of  users  and  the  inventiveness  of 
traffickers.  It  should  be  recalled  that  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. 

2.2.1. Trafficking for the purpose of sexual exploitation  
Trafficking in human beings for the purpose of sexual exploitation continues to be the most 
reported  form.  In  2015-2016,  there  were  9 759  registered  victims  of  sexual  exploitation. 
making up over half (56%) of the registered victims who had a recorded form of exploitation, 
and  predominantly  women  and  girls  (95%  of  registered  victims  of  sexual  exploitation).A 
sharp  increase  has  been  noted  in  the  number  of  women  and  girls  trafficked  through  the 
Central Mediterranean route for sexual exploitation in the EU15. Victims are exploited in the 
sex  and  entertainment  industry,  facilitated  by  the  rapid  technological  development  and  the 
internet.  Emerging  patterns  reported  include  pornography,  the  use  of  live  web  cameras  and 
live distant child sexual abuse. 

Europol  states  that  ‘Trafficking  in  human  beings  for  the  purpose  of  sexual  and  labour 
exploitation remains a key threat in the EU. Cases of trafficking in human beings for sexual 
exploitation are the most predominantly reported.’16  

Nigerian Women and Girls potential Victims of Trafficking for Sexual Exploitation 
In 2017, the International Organisation for Migration (IOM) reported a 600% increase since 
2014 in the number of women and girls potential victims arriving by boat from Libya to Italy, 
predominantly from Nigeria. IOM17 highlights that sexual exploitation increasingly involves 
younger girls – often minors – who are already subject to violence and abuse on their way to 
Europe. IOM estimates that 80 per cent of girls arriving from Nigeria – whose numbers have 

15   2018 Frontex Risk Analysis 

https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf 

16  Europol,  Two  years  of  EMSC,  Activity 

Jan  2017- 
https://www.europol.europa.eu/publications-documents/two-years-of-emsc.  
https://www.iom.int/news/un-migration-agency-issues-report-arrivals-sexually-exploited-migrants-chiefly-
nigeria. 

Jan  2018, 

available 

report, 

17 

at: 

7 

 
 
 
 
 
 
 
 
                                                           
 
soared from 1 454 in 2014 to 11 009 in 2016 – are potential victims of trafficking for sexual 
exploitation. 

According  to  Member  States,  sectors  where  trafficking  for  sexual  exploitation  has  been 
reported include street prostitution, prostitution in private flats (with reference also to short-
term  rentals),  escort  agencies,  and  the  entertainment  industry.  The  rapid  development  of 
the  Internet  and  new  means  of  communication  (social  media  et  al.)  influences  the  modus 
operandi  associated  with  trafficking  for  sexual  exploitation  and  renders  the  diffusion  of 
advertisement  of  services  by  victims  more  widespread  (small  ads  on  websites  and 
advertisements).  The  use  of  new  information  and  communication  technologies  is  linked  to 
recruitment  of  victims,  including  through  intra-community  sites.  Member  States  reports 
further mention pornography, the use of live web cameras and live distant child sexual abuse 
as emerging patterns.  

The  gender  specific  nature  of  this  criminal  phenomenon  is  clear  in  that  its  victims  are 
predominantly  women  and  girls.  The  United  Nations  Inter-Agency  Coordination  Group 
against  Trafficking  in  Persons  (ICAT)  underlines  that  ‘the  Secretary  General  Report  on 
trafficking  in  women  and  girls  acknowledges  that  the  harms  of  trafficking  are  known  to  be 
more severe for women and girls than for men and boys given the exposure of the former to 
specific  forms  of  exploitation  such  as  sexual  exploitation  and  violence,  domestic  servitude 
and forced marriage.18’  

2017 Communication Deliverables 
The  European  Institute  for  Gender  Equality  in  cooperation  with  the  Office  of  the  EU  Anti-
Trafficking Coordinator in the European Commission delivered the report on gender-specific 
measures in anti-trafficking actions, which undertakes a comparative analysis of the Victims’ 
Rights Directive and the Anti-Trafficking Directive, from the perspective of women and girls 
trafficked  for  sexual  exploitation  purposes.  The  report  aims  to  provide  guidance  to 
practitioners in a practical and tangible manner. 

At the same time, some Member States report also on male victims of trafficking for sexual 
exploitation (e.g. AT, IT, NL). For example, in Austria, MEN VIA assisted 4 male victims of 
trafficking  for  the  purpose  of  sexual  exploitation  during  the  reporting  period.  In  the 
Netherlands,  research  was  conducted  on  boys  becoming  victims  of  sexual  exploitation. 
Europol  reports19  that  boys  have  been  reported  to  be  exploited  in  even  more  clandestine 
locations than female child victims. In one case, suspects would transport the male victims to 
specific  bars  where  sexual  encounters  with  clients  would  be  organised.  In  other  cases,  they 
would be forced to meet potential customers in parks and be sexually assaulted there. 

The  gender  specificity  of  this  form  of  exploitation  is  also  relevant  to  the  role  of  female 
victims,  who,  Member  States  report,  are  increasingly  involved  in  this  criminal  activity  in 
specific phases (e.g. RO). 

Member  States  further  report  that  a  growing  number  of  victims  of  trafficking  for  sexual 
exploitation  has  learning and/or developmental  disabilities and are  recruited from  care  or 
youth institutions (e.g. NL). 

18   http://icat.network/sites/default/files/publications/documents/ICAT-IB-04-V.1.pdf 
19   Europol, Situation Report on Criminal networks involved in the Trafficking and Exploitation of Underage 

Victims in the European Union, 2018. 

8 

 
 
 
 
 
 
 
 
                                                           
Europol  highlights20  that  ‘the  sexual  exploitation  of  EU  nationals  no  longer  relies 
predominantly  on  the  use  of  violence  and  coercion  towards  victims.  Some  Organised 
Crime  Groups  (OCGs)  are  increasingly  relying  on  threats  of  violence  towards  victims  and 
their  families  rather  than  attacking  the  victim.  Victims  originating  from  outside  the  EU  are 
still routinely subjected to violence, debt  bondage, passport confiscation  and other forms of 
coercion as an integral part of trafficking modi operandi’. 

Deception  and  abuse  of  the  position  of  vulnerability  are  reported  to  be  used  as  means  of 
recruiting victims. Often traffickers approach victims, create an emotional dependency to the 
victim and channel them to sexual exploitation (so-called ‘lover boys’, mentioned by BE, BG, 
DE,  NL,  PL,  RO).  Europol’s  finding21  that  ‘there  are  MS  where  prostitution  is  legal, 
making  it  much  easier  for  traffickers who wish  to  use  a  legal  environment  in  order  to 
exploit their victims’ is still valid, with traffickers tending to drive their victims in countries 
where prostitution is regulated and lawfully practiced (e.g. reported by RO).  

In this respect, according to Europol’s operational intelligence22 in some EU Member States, 
where prostitution is legal, suspects were able to exploit children alongside adults victims in 
legal businesses such as  brothels, red light districts, sex clubs, often with  the support of the 
business  managers,  since  prostitution  of  minors  can  be  very  profitable,  as  ‘clients’  are 
generally prone to pay more to have sex with a child. 

Further,  Europol  finds  that  the  traditional  flow  from  Eastern  to  Western  Europe  of 
trafficking  for  the  purpose  of  sexual  exploitation,  has  been  replaced  by  multiple  and 
diverse flows of victims all over the EU.23  

Pertaining particularly to the role of the Internet, identified patterns with respect to contiguous 
crimes  are  also  important  to  note.  Europol24  reports  that  ‘Child  Sexual  Abuse  (CSE) 
perpetrated  online  is  increasingly  profit  driven.  (…)  Child  Sexual  Exploitation  Material  is 
increasingly  produced  for  financial  gain  and  distributed  through  the  Darknet.  Coercion  and 
sexual extortion are increasingly being used to victimise children. (…) Children are sexually 
exploited  largely  to  satisfy  the  sexual  appetites  of  those  with  a  sexual  interest  in  children. 
However, there is a growing trend in the production of CSEM for financial gain. A particular 
activity associated with commercial production of CSEM is that of Live Distant Child Abuse 
(LDCA). LDCA is a significant threat in this area of criminality. LDCA involves a perpetrator 
paying to direct the live abuse of children on a pre-arranged specific timeframe through video 
sharing platforms’. The online advertisement of sexual services is an increasing phenomenon 
relating to THB for sexual exploitation, with children being advertised as adults25.  

The  Council  of  the  EU  identified  trafficking  for  sexual  exploitation  as  part  of  the  key 
priorities  of  the  EU  Policy  Cycle  for  organised  and  serious  international  crime  and 

20   https://www.europol.europa.eu/socta/2017/index.html.  
21   Europol,  Situation  Report  “Trafficking  in  Human  Beings  in  the  EU”,  February  2016,  available  at 

https://www.europol.europa.eu/publications-documents/trafficking-in-human-beings-in-eu. 

22   Europol, Situation Report on Criminal networks involved in the Trafficking and Exploitation of Underage 

Victims in the European Union, 2018 

23   Europol, EU SOCTA 2017. 
24   https://www.europol.europa.eu/activities-services/main-reports/european-union-serious-and-organised-

crime-threat-assessment-2017  

25   Europol, Situation Report on Criminal networks involved in the Trafficking and Exploitation of Underage 

Victims in the European Union, 2018 

9 

 
 
 
 
 
 
 
                                                           
European  Multidisciplinary  Platform  against  Criminal  Threats  (‘EMPACT’)  during 
both periods of 2014-2017 and 2018-202126.   

While the  majority of Member States’ reports mention trafficking for sexual  exploitation  as 
the most frequent form, information on the actions taken in the Member States demonstrate a 
tendency to focus on other forms of exploitation. Civil society organisations have expressed 
concerns  that  trafficking  for  sexual  exploitation  is  not  being  made  a  priority,  with  its 
implications  for  gender  inequalities.  Civil  society  organisations  also  express  concerns  on 
victims  of  trafficking  for  sexual  exploitation  not  being  identified  and  cases  not 
investigated. 

The Commission is currently monitoring the implementation by Member States of Directive 
2011/93 on combatting the sexual abuse and sexual exploitation of children, and is supporting 
Member States by facilitating the exchange of best practices. If needed, the Commission will 
make  use  of  its  enforcement  powers  under  the  Treaties  to  ensure  correct  and  complete 
implementation of the Directive. 

The  data  collected  for  this  report  and  other  sources  suggest  that,  despite  the  efforts 
made so far, trafficking for sexual exploitation has not been tackled effectively and there 
are  no  indications  of  this  form  of  exploitation  decreasing.  It  is  only  by  prioritising 
trafficking for sexual exploitation that this crime can be adequately addressed.  

EU-wide  Joint  Action  Day  against  trafficking  for  sexual  exploitation  and  child 
trafficking 
An impressive number of 28 countries teamed up with Europol27 in October 2016 to deliver a 
major  blow  to  organised  crime  groups  involved  in  trafficking  in  human  beings  across  the 
European  Union  and  beyond.  During  the  operational  activities  of  the  EU-wide  Joint  Action 
Day (JAD) named Ciconia Alba, one part of the intelligence-led police actions and controls 
focussed explicitly on sexual exploitation and child trafficking. During the span of the action 
week  co-ordinated  by  Europol  and  under  the  lead  of  Austria,  11  161  locations  (red-light 
district  areas,  brothels,  private  flats,  massage  parlours,  airports  and  reception  centres)  were 
controlled,  alongside  43  405  persons  were  checked,  and  549  victims/potential  victims 
identified. In addition, police controls checked 5 126 vehicles and 35 848 ID documents. Data 
gathered during the operations led to the launch of 102 new investigations in order to identify 
further suspects and victims linked to trafficking cases across the EU. The nationality of the 
victims  of  trafficking  identified,  and  the  suspects  arrested  during  the  JAD  Ciconia  Alba, 
confirm  the  prominence  of  trafficking  network  originating  from  Nigeria,  Asia  and  Eastern-
Europe as being the most active in the EU. Fourteen underage victims were reported. Overall 
fifty-two  countries  and  four  international  organisations  were  involved  in  the  JAD  Ciconia 
Alba,  and  joined  Europol  in  its  fight  to  disrupt  the  most  dangerous  criminal  networks 
currently active. During the JAD investigators put an emphasis on cases related to facilitated 
illegal  immigration,  trafficking  in  human  beings,  drug  trafficking  (cocaine,  heroin  and 
synthetic  drugs)  and  cybercrime  (payment  card  fraud  –  Global  Airport  Action  Day).  Law 
enforcement officers in the field were supported 24/7 from an operational coordination centre 
located at Europol’s headquarters in The Hague. There, Europol officers, liaison officers and 
national  experts  from  the  participating  countries,  working  with  specialists  from  other 

26   https://www.europol.europa.eu/crime-areas-and-trends/eu-policy-cycle-empact. 
27   https://www.europol.europa.eu/newsroom/news/europol-coordinates-eu-wide-hit-trafficking-in-human-

beings-for-sexual-exploitation  

10 

 
 
 
 
 
 
                                                           
international partners, offered fast and smooth information exchange using Europol’s secure 
channels,  and  constantly  analysed  intelligence  gathered.  In  the  crime  area  of  trafficking  in 
human  beings,  in  addition  to  the  national  delegates  present  at  Europol’s  operation 
coordination centre, an exchange of law enforcement officers from the countries of origin and 
the countries of destination of the trafficked human beings was paramount for the success of 
the operation.  

2.2.2. Trafficking for the purpose of labour exploitation 
Trafficking  for  labour  exploitation  affected  around  one  quarter  (26%)  of  registered  victims. 
Labour  exploitation  primarily  affects  males  (80%  of  the  registered  victims)  although  in 
certain sectors of labour victims are predominantly women (such as domestic work). Several 
Member States have reported that trafficking for labour exploitation is on the rise.   

Sectors reported by Member States (e.g. by AT, BG, FR, HU, LT, LU, LV) where victims are 
exploited  concern  construction,  agriculture  and  forestry,  manufacturing,  catering 
industry,  care  services,  cleaning  services  and  domestic  work,  entertainment,  fishing, 
hospitality, retail and transportation.  

At  the  same  time,  trafficking  for  the  purpose  of  domestic  servitude  appears  to  affect 
predominantly  female  victims  (e.g.  PL),  including  in  diplomatic  households  (PL).  The 
Group  of  Experts  on  Action  against  Trafficking  in  Human  Beings  (‘GRETA’)  notes  that: 
‘[…]  Trafficking  for  the  purpose  of  exploitation  in  domestic  and  care  work  more 
frequently  concerns  women  and  is  more  difficult  to  detect,  as  it  takes  place  in  private 
households  where  victims  can  be  subjected  to  a  combination  of  labour  and  sexual 
exploitation, sometimes in the context of forced or sham marriages (…). Domestic and care 
workers are particularly vulnerable to exploitation due to the fact that in many countries the 
development of the private domestic and care market has been mostly uncontrolled, there are 
gaps  in  the  labour  legislation,  and  private  households  are  usually  not  subject  to  labour 
inspections without a search warrant’.28    

The  Council  of  the  EU  identified  trafficking  for  labour  exploitation  as  part  of  the  key 
priorities of the EU Policy Cycle for organised and serious international crime and EMPACT 
during both periods of 2014-2017 and 2018-2021. According to Europol,29 ‘The involvement 
of OCGs in trafficking for labour exploitation is increasing in the EU. OCGs cater to the 
growing  demand  for  cheap  labour  across  many  Member  States  and  have  access  to  a 
large number of potential victims. Trafficking for labour exploitation threatens to infiltrate 
the legal economy, where it lowers wages and hampers economic growth’. The same report, 
notes that that the migration crisis has not had yet a significant impact on trafficking for 
the purpose of labour exploitation in the EU.  

Numerous  reports  refer  to  the  role  of  labour  inspectors  to  detect  victims  and/or  increased 
cooperation  between  law  enforcement  and  labour  inspectorates  (e.g.  AT,  BE,  EL,  FR,  HU, 
LT, LU, LV, NL, UK). 

Traffickers  take  advantage  of  facilitating  contexts  and/or  personal  circumstances  of 
people. With particular  reference to non-EU nationals,  such victims  remain  reluctant to  file 

28   7th General Report on GRETA’s activities, available at https://rm.coe.int/greta-2018-1-7gr-en/16807af20e  
29   https://www.europol.europa.eu/socta/2017/resources/socta-2017.pdf  

11 

 
 
 
 
 
 
 
 
                                                           
reports with the law enforcement authorities due to their precarious status (AT). According to 
Europol,30  ‘[...]  Traffickers  continue  to  target  less  regulated  industries,  as  well  as  those 
featuring seasonal demand for workers. Traffickers take advantage of discrepancies in labour 
legislation  to  organise  the  exploitation  of  victims  in  the  grey  zone  between  legal 
employment  and  labour  exploitation.  Some  victims  receive  wages  equivalent  to  the 
minimum standard in their countries of origin’.  

The role of debt bondage as a means has been stressed (e.g. IT), as well as that of bogus self-
employment.  BE  reports  that  ‘According  to  the  Social  Inspectorate,  so-called  “P.O.  box 
companies” are a real problem as regards posted workers. This kind of company is set up in a 
sending  country,  with  the  goal  of  purposefully  circumventing  the  social  security  legislation 
and labour law in a very specific host country in general. It is therefore obvious that this type 
of structure has absolutely no place in the ideology of the European legislator and completely 
erodes the principle of the free movement of services. This bogus form of posting implies that 
the posting is false; in reality, the workers only provide their services for a Belgian company. 
Therefore, this means that these workers must be covered by Belgian social security’.31  

Joint EU-wide operation by labour inspectorates and law enforcement authorities32  
Europol  has  supported  an  EU-wide  operation  carried  out  by  labour  inspectorates  and  law 
enforcement authorities targeting organised crime groups trafficking vulnerable people for the 
purpose of labour exploitation. During the operational activities taking place between 28 May 
and  5  June  2016,  two  crime  areas  -  trafficking  in  human  beings  and  facilitated  illegal 
migration  -  were  targeted  with  actions  carried  out  in  dozens  of  key  geographical  hotspots 
(airports, border crossing points, etc.) where the likelihood of identifying potential victims of 
trafficking as well as traffickers and smugglers was higher. 

During  the  span  of  the  action  week,  6  709  individuals  were  controlled,  alongside  4  156 
vehicles  and  2  271  companies.  As  a  result  of  these  checks,  47  suspects  were  arrested  for 
labour  exploitation  and  275  victims  identified  and  safeguarded.  Data  gathered  during  the 
operation has led to the launch of 23 new investigations in order to identify further suspects 
and  victims  linked  to  trafficking  cases  across  the  EU.  Law  enforcement  authorities, 
immigration services and labour services  from  21 countries joined  forces for this  operation. 
This  was  the  first  time  that  labour  inspectors  across  the  EU  cooperated  so  closely  with  law 
enforcement  authorities  in  a  coordinated  way  to  identify,  safeguard  and  protect  victims  of 
labour exploitation.  

The  operational  activities  targeted  different  sectors  such  as  transportation,  agriculture, 
construction,  textile,  food  and  catering  industry  as  well  as  commercial  activities.  The 
competent authorities looked not only into key industries where victims are being exploited or 
are at great risk, but also into recruitment websites that may be being used to advertise jobs 
that result in victims being exploited and into suspect businesses operating across the borders. 
Moreover,  controls  took  place  at  border  crossing  points  in  countries  of  origin,  transit  and 
destination.  The  exchange  of  labour  inspectors  between  countries  of  origin  and  destination 
and the deployment of Member States delegates to the coordination centre set up at Europol's 
headquarters  during  the  action  week  have  significantly  contributed  to  the  success  of  the 
actions linked to trafficking in human beings. 

Ibid.  

30  
31   http://www.myria.be/files/EN-RATEH-2016-DEF.pdf  
32 

https://www.europol.europa.eu/newsroom/news/europol-coordinates-eu-wide-hit-trafficking-in-human-
beings-for-labour-exploitation  

12 

 
 
 
 
 
 
                                                           
TeamWork! Manual 
Strengthening EU cooperation against trafficking in human beings for labour exploitation was 
a  priority  of  the  Netherlands  presidency  of  the  Council  of  the  European  Union.  The 
TeamWork! Manual for experts on multidisciplinary cooperation against trafficking in human 
beings  for  labour  exploitation,  published  during  the  presidency,  contains  suggestions  and 
advice  based  on  contributions  from  all  EU  Member  States,  and  more  than  80  examples  of 
cases and working practices. They cover many different aspects of addressing trafficking for 
labour  exploitation  through  multidisciplinary  cooperation,  both  at  the  national  level  and 
across  borders,  including  prevention,  investigation  and  prosecution  of  trafficking  in  human 
beings  for  labour  exploitation  and  support  and  assistance  for  victims.  The  manual  contains 
advice  for  twelve  types  of  organisations,  both  governmental  and  non-governmental.  The 
workshops  held  during  the  TeamWork!  conference  on  18-19  January  2016  and  the  council 
conclusions  subsequently  adopted  by  the  JHA  Council  cover  a  similar  range  of  aspects  of 
addressing trafficking in human beings for labour exploitation and of roles that different kinds 
of organisations can play. 

Substantial funding has  been allocated by the EU to address this form of exploitation in the 
last decade. In terms of funding, as demonstrated in the Commission’s Comprehensive Policy 
Review33: ‘A higher proportion of EC funding is awarded to funded projects on trafficking for 
labour exploitation  (14%) than to  those on trafficking for sexual  exploitation  (7 %). This  is 
despite  the  fact  that  an  equal  proportion  of  funded  projects  focus  on  trafficking  for  labour 
exploitation (12 %) as trafficking for sexual exploitation (14 %). The average EC funding per 
project  on  labour  exploitation  was  double  the  average  EC  funding  per  project  on  sexual 
exploitation (EUR 569,308 and EUR 231,429 respectively)’. 

2017 Communication Deliverables 
On  global  value  and  supply  chains,  in  2017  the  Commission  presented  the  Staff  Working 
Document  on  ‘Sustainable  garment  value  chains  through  EU  development  action’,  which 
presents an overview of the complex garment sector and the challenges it faces, and outlines a 
strategy for an effective EU development cooperation response. It focuses on three priorities: 
economic empowerment of women, who are 75 % of garment work-force; decent work and 
living  wages;  and  transparency  and  traceability  in  the  value  chain.  Transparency  is 
particularly  important  due  to  the  fragmented  production  of  the  sector  and  the  widespread 
practice  of  subcontracting.  In  this  context,  the  Commission  approved  four  new  projects 
related  to  the  garment  sector,  targeting  in  particular  Bangladesh,  Burkina  Faso,  Mali  and 
Pakistan. These projects of around €45 million will contribute to improve sustainable business 
practices and working conditions in producing countries. The Commission is further finalising 
a call on ‘Increasing Knowledge, Awareness, Transparency and Traceability for Responsible 
Value  Chains  in  the  Cotton  and  Garment  Sector’  incl.  action  on  enhancing  the  knowledge, 
awareness, and global advocacy on social and environmental conditions in the garment value 
chains (of EUR 5.5 million). 

To this end, the EU will focus its development cooperation and financial support to improve 
sustainable  business  practices  and  working  conditions  in  producing  countries,  promote  best 
practices  for  social  and  environmental  standards,  and  reach  out  to  consumers  to  raise 
awareness about how clothes are made and promote responsible choices.  

33   For more information please see section 8. 

13 

 
 
 
 
 
 
 
                                                           
It  is  encouraging  to  witness  progress  in  identifying  victims  of  trafficking  for  labour 
exploitation, especially given the funding allocated by the Commission for this form. The 
Commission  will  continue  monitoring  the  implementation  of  the  Employers’  Sanction 
Directive34 and the Anti-Trafficking Directive. The Commission stresses notes however 
that not all exploitative situations in the EU labour market are a result of trafficking in 
human beings.  

2.2.3. Other forms of exploitation 
2.2.3.1. Trafficking for forced criminality and forced begging 
A  number  of  Member  States  observe  that  trafficking  for  forced  criminality  and  forced 
begging  being  is  increasing.  In  2015-2016,  other  forms  of  exploitation  accounted  for 
around a quarter (18%) of the registered victims. This form included forced criminality 
and  forced  begging  among  others.  The  involvement  of  minors  is  also  reported  (e.g.  AT, 
EL,  FR).  Regarding  trafficking  for  forced  criminality,  Member  States  report  on  victims 
increasingly  used  in  many  areas  of  petty  crime  such  as  pick  pocketing,  property  crime, 
shoplifting, and benefit fraud. Other types of forced criminality linked to crimes related to 
customs and borders have also been reported (e.g. LV).   

Regarding  trafficking  for  forced  begging,  Member  States  report  that  victims  originate 
predominantly from Eastern European countries (for example, BG, RO, SK) and that persons 
with  substance  and  alcohol  use  disorders,  physically  disabled,  and  homeless  people  are 
particularly vulnerable, while physical and psychological force is inflicted upon them. 

Addressing forced begging in Sweden 
The  intelligence  unit  at  the  Swedish  Policy  Authority’s  Department  of  National  Operations 
(NOA) collaborated with the government’s National Task Force for work with vulnerable EU 
citizens and the Country Administrative Board of Stockholm (CABS) – as well as with other 
authorities and NGOs that had come into contact with the vulnerable EU citizens with regard 
to begging. In the light of the current situation update presented by the Swedish police, staff at 
the intelligence unit also made two international study visits. One visit was made to Bulgaria 
and  one  to  Romania,  the  aim  being  to  collaborate  and  exchange  information  relating  to  the 
situation  regarding  begging  and  the  vulnerable  position  in  which  those  begging  find 
themselves.  Work  meetings  were  held  with  the  national  units  of  the  police  authorities  and 
NGOs in Sofia and Bucharest.  

2.2.3.2. Trafficking for forced and exploitative sham marriages 
Europol35  highlights  that  there  has  been  an  increasing  number  of  incidents  of  sham 
marriages  in  several  Member  States,  with  victims  being  women  who  are  EU  nationals 
and  links  this  to  the  migration  context  and  the  increase  in  the  number  of  irregular 
migrants seeking to transition to legal residence status after failed asylum applications. 
This phenomenon is reported in several narrative reports of the Member States as a growing 
business (e.g. BG, CY, CZ, IE, LV, SK, and PL). Victims of this form are reported to be 
subsequently  subjected  to  sexual  exploitation,  forced  child  bearing  and/or  labour 
exploitation.   

34   Directive  2009/52/EC  of  the  European  Parliament  and  of  the  Council  of  18  June  2009  providing  for 
minimum  standards  on  sanctions  and  measures  against  employers  of  illegally  staying  third-country 
nationals, OJ L 168, 30.6.2009. 

35   https://www.europol.europa.eu/socta/2017/resources/socta-2017.pdf  

14 

 
 
 
 
 
   
 
                                                           
Member States report of increasing instances of victims having entered into sham  marriages 
or  being  forced  into  marrying  non-EU  nationals  in  order  to  legalise  the  residence  in  the 
European  Union  of  the  latter.  However,  they  are  further  forced  to  take  loans  or  apply  for 
social benefits, exploiting gaps in legislation and practice. For example, BG reports that the 
IOM  mission  to  Sofia  observes  a  rising  trend  of  marriages  of  convenience  of  Bulgarian 
nationals with non-EU nationals for legalizing the  stay of the latter, often followed by labour 
exploitation or domestic servitude. Furthermore, LV reports that several cases were detected 
where third country nationals have used a form of marriage certificate issued by Cyprus with 
visible  signs  of  falsification  (names,  surnames  of  Latvian  nationals  were  used,  as  well  as 
fictitious personal identification numbers; documents with the same registration number were 
issued to the various persons) to obtain residence permit in Sweden and Ireland. Spain, also, 
reports  on  a  relevant  pattern  of  different  nature,  whereby  members  of  organised  criminal 
networks  select  municipal  authorities  in  which  it  is  easy  to  constitute  a  common  law 
marriage/cohabitation s between Nigerian women and Spanish citizens, as well as locating EU 
citizens willing to form such unions with trafficked women, facilitating the trafficking chain 
and their exploitation. 

Member States report having taken action, including information  and awareness  campaigns, 
as well as targeted training for civil registrars and other officials likely to come into contact 
with such victims (e.g. CY, IE).  

Addressing exploitative sham marriages in Ireland 
The  Civil  Registration  (Amendment)  Act  2014  was  enacted  on  4  December  2014.  The  Act 
contains  a  provision  to  make  it  more  difficult  to  broker  a  marriage  of  convenience  thereby 
protecting  vulnerable  persons,  usually  women,  from  trafficking  for  the  purpose  of  sham 
marriages. This provision is designed to counter the abuse of Irish marriage laws to gain an 
automatic right of residency in Europe. There have been a number of contacts from embassies 
about this and the dangers of trafficking of their nationals for the purpose of sham marriages 
to non-European Economic Area nationals. The provision gives Civil Registrars the power to 
ask  questions  and  to  inform  immigration  authorities  or  An  Garda  Síochána,  if  they  have 
reason  to  believe  a  marriage  is  a  sham.  A  Superintendent  Registrar  will  also  offer  advice, 
ensure clarity and make the determination. The decision may be appealed to the Circuit Court. 
The  provision  also  applies  to  civil  partnerships.  Operation  Vantage  in  August  2015  and  the 
coming  into  effect  of  new  regulations  in  August  2015  under  the  Civil  Registration 
(Amendment) Act 2014, and updated Free Movement Regulations, which came into effect in 
February 2016, improved situation in the response to sham marriage, with a disruptive effect 
on the organisers and facilitators as over 500 marriages have failed to proceed due to Garda 
investigations. 

2.2.4. Emerging patterns of trafficking 
2.2.4.1. Internal trafficking 
Internal trafficking, within the territory of a Member State, is reported to be on the increase.  
Several reports highlight that identified victims of trafficking within the country are their 
own  citizens  (e.g.  BE,  BG,  DE,  EL,  EE,  ES,  HR,  IE,  FI,  FR,  PL,  RO,  SK).  Some  refer 
particularly  to  women and  girls  (e.g.  ES,  FR),  Roma  victims  (e.g.  BG),  children  (e.g.  IE, 
PL,  RO),  and  often  with  specific  reference  to  trafficking  for  the  purpose  of  sexual 
exploitation.  For  example,  DE  and  HR  report  their  own  citizens  are  the  vast  majority  of 
identified victims for some  years during the reference period.  Factors such as the  economic 

15 

 
 
 
 
 
 
crisis, poverty and various other vulnerability factors are reported by Member States as linked 
to the increase of domestic trafficking.  

As  mentioned,  44%  of  the  victims  are  EU  nationals,  and  it  is  important  to  note  that, 
while the migration context brought a focus on non-EU victims, Member States reports 
highlight  patterns  of  domestic  trafficking  of  their  own  nationals.  It  should,  thus,  be 
reminded  that  efforts  to  address  trafficking  must  continue  to  be  taken  in  a 
comprehensive  manner,  equally  focussing  on all  victims,  as  trafficking  is  crime  fuelled 
by  the  profits  it  brings  to  perpetrators  and  by  the  demand  for  services  exacted  by  the 
victims. 

2.2.4.2. Child trafficking 
Children were almost one quarter (23%) of the registered victims. Europol underlines the role 
that families  and  kinship play noting  also that  traffickers also  target minors without family 
such as homeless children, those in juvenile foster care, and in orphanages, from where they 
are encouraged to escape with their assistance36.  

Member  States  express  concerns  over  child  trafficking,  reporting  that  EU  and  non  EU 
sexual  exploitation, 
for 
children  are  predominantly 
disproportionately affecting girls (e.g. BE, DE, IT, FR, RO), including for the production of 
Child Sexual Abuse Material (CSAM)37, as well as forced begging, forced criminal activities, 
forced marriage (e.g. BE, EL, FI, SI), and more.  

the  purpose  of 

trafficked 

Member  States  generally  report  that  the  age  of  victims  is  dropping,  and  all  the  more 
younger  victims  are  identified.  The  particular  vulnerability  of  children  from  Eastern 
European  countries  is  also  mentioned  (e.g.  BE,  IT,  DK),  as  well  as  that  of  children  from 
Roma communities  (e.g. AT, BE, BG, FR,  IT,  NL), with  traffickers reportedly being from 
the  same  community.  BE  highlights  that  Roma  girls  are  also  often  trafficked  for  multiple 
forms of exploitation at the same time, such as:  forced marriage, domestic servitude, sexual 
exploitation  (and/or  abuse).  Civil  society  echoes  this  concern,  highlighting  that  forced 
marriage also facilitates further exploitation.  

Child Victims of Sexual Exploitation 
According to national data referred to in GRETA reports38 the majority of girls fall victim to 
trafficking  for  the  purpose  of  sexual  exploitation,  including  the  production  of  child  abuse 
material,  but  this  form  of  trafficking  affects  boys  as  well.  Children  are  also  subjected  to 
trafficking  for  the  purposes  of  forced  labour,  forced  begging,  forced  criminal  activities  and 
domestic servitude. Further, some countries report cases of trafficking of girls for the purpose 
of  forced  marriage.  Children  are  being  trafficked  transnationally  as  well  as  internally;  for 
example, in Romania the share of internal trafficking amongst children identified as victims 
amounted to  78%.  In  Bulgaria, the share of internal  trafficking is  also  considerable  (around 
45%). The number of UK children trafficked internally for the purpose of sexual exploitation 
has been on the increase. (…) 

Amongst particularly vulnerable groups, Member States list children in social care institutions 
(e.g. HU,  LV, NL, SK). Furthermore, in  the context  of migration, the European  Border and 

36   Europol, Situation Report on Criminal networks involved in the Trafficking and Exploitation of Underage 

Victims in the European Union, 2018 

37   https://www.europol.europa.eu/socta/2017/resources/socta-2017.pdf  
38   https://rm.coe.int/1680706a42  

16 

 
 
 
 
 
 
 
 
                                                           
Coast  Guard  Agency39  highlights  that  girls  are  disproportionately  victims  of  trafficking 
for the purpose of sexual exploitation. 

The  EU  legal  and  policy  framework  is  gender  specific  and  child  sensitive.  A  number  of 
provisions  of  the  Anti-trafficking  Directive  are  based  on  the  best  interest  of  the  child,  and 
establish additional protections for all child victims,  regardless  of their  nationality or status. 
Addressing  child  trafficking  has  been  at  the  core  of  EU  anti-trafficking  agenda  since  2012, 
and key deliverables of the EU Strategy concerned children,40 and the 2017 Communication 
further takes into account their vulnerability. 

Funding continues to support relevant action. According to the Commission’s Comprehensive 
Policy  Review,  23%  of  the  projects  funded  in  the  period  2004-2015  concerned  children, 
including on identification, child protection systems, asylum, guardianship, and provision of 
information,  receiving  19%  of  the  total  EC  funding  allocated,  and  counting  as  the  second 
most  funded  group  of  projects.  As  set  forth  as  a  cross  cutting  priority  in  the  2017 
Communication,  the  Commission  will  continue  supporting  anti-trafficking  priorities  and 
objectives, taking into account vulnerable groups, such as children, as well as addressing the 
gender dimension of the crime. 

The  Commission  values  the  role  of  civil  society  organisations  in  the  joint  efforts  to 
address trafficking in human beings, and continues to engage with NGOs working in the 
field of child trafficking as well as child rights organisations, including in the context of 
the EU Civil Society Platform against trafficking in human beings. To this end, a targeted call 
for  expression  of  interest  was  dedicated  to  organisations  working  with  child  victims,  and 
workshops  concerning  child  trafficking  have  been  organised  in  the  context  of  the  biannual 
meetings of the Platform. 

Child  trafficking  remains  one  of  the  priorities of  the  EU  policy  cycle  for  organised  and 
serious  international  crime  2018-2021,  which  largely  determines  the  work  of  Europol  for 
the  coming  years.  This  is  in  line  with  Commission's  policy  priorities  and  the  Commission 
continues  to  support  Europol  and  law  enforcement  authorities,  as  well  as  other  relevant  EU 
Agencies in their efforts. 

2017 Communication Deliverables  
As  per  priority  B  ‘Provide  better  access  to  and  realise  the  rights  for  victims  of  trafficking’, 
work  is  ongoing  for  developing,  in  cooperation  with  the  European  Agency  of  Fundamental 
Rights,  a  practical  guidance  to  enhance  inter-agency  and  transnational  cooperation 
aiming to prevent child trafficking of EU children, ensure protection of child victims, find 
durable solutions and safeguard their rights under EU and international law. 

EU-wide Action week against child trafficking 
During  the  week  of  2  July  2018,  law  enforcement  officers  from  22  Member  States,  other 
European countries and partner agencies actively participated in a European Multidisciplinary 
Platform Against Criminal Threats action on child-trafficking. As a result, 51 children and 72 

39   https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf  
40   The Commission and the European Fundamental Rights Agency published a Handbook on guardianship for 
children deprived of parental care, with a particular focus on child victims of trafficking. The Commission 
also published a Study on High Risk Groups, in particular children. 

17 

 
 
 
 
 
 
 
 
                                                           
adults were identified as potential victims of trafficking. The youngest child was only two 2 
years old. The children were exploited for labour, forced begging and sexual purposes. 
Several links to migrant smuggling and document forgery were also identified. 45 new cases 
have been initiated; 24 suspects were arrested for trafficking in human beings offences; and a 
further 61 suspects were arrested in relation to other crimes. 
The  actions  focused  mainly  on  hotspots  for  sexual  exploitation,  forced  begging  and  forced 
criminality (e.g. pickpocketing and minor thefts), and intensified activities at border crossing 
points.  As  the  identification  of  victims  of  trafficking  in  human  beings  remains  very 
challenging, particularly the identification of child victims, many participating countries also 
undertook prevention and awareness raising activities. 

2.2.4.3. Vulnerability of Roma victims  
Over the years, the European Commission has highlighted the need to address the trafficking 
in Roma people, including the first Progress report, the Study on High risk groups41, the study 
on  Comprehensive  policy  review  of  EC  funded  anti-trafficking  projects  and  in  the  2017 
Communication.  

While  the  Commission  has  no  available  statistical  data  on  victims  of  trafficking  based  on 
ethnic backgrounds, several Member States reports highlight the heightened vulnerability of 
people  from  Roma  communities,  especially  women  and  children  (e.g.  BE,  BG,  FR,  NL, 
SI),  with  traffickers  exploiting  kinship.  Women  and  girls  with  Roma  background  are 
reportedly  victims  of  trafficking  for  sexual  and  labour  exploitation,  but  also  for  the 
purpose of exploitative sham marriages.  Regarding trafficking for sexual exploitation, FR 
for  example  reports  that  prostitution  from  Eastern  European  countries  concerns  almost 
exclusively the Roma community from BG and RO. Member States report (e.g. FR, IT) that 
the recruitment is often intra-community, and organised around the head of the clan.  

According to Member States, the analysis of the investigations on sexual exploitation cases in 
Roma communities once more indicates the strong gender dimension of this phenomenon. 
It demonstrates that the exploitation in prostitution is often perpetrated by the men in the 
group, and the profit generated are paid directly to the pimps, who re-invest in luxury cars or 
real estate in their home country. Girls and women often of Roma origin that have lived in an 
unhealthy  family  environment,  of  low  social  status  and  education,  are  forced  into  street 
prostitution (e.g. BG).  Member States also report on Roma female victims of trafficking for 
the  sale  of  new-born  babies  (e.g.  BG)  and  a  new  pattern  of  trafficking  for  forced 
underage marriage of girls usually in Roma communities (e.g. SI). Regarding the latter, SI 
reports that in 2015 the first final judgment was recorded on trafficking in human beings for 
the purpose of slavery, which reflected the circumstances and exploitation purposes of forced 
marriage.  Roma  children  from  Eastern  Europe  being  forced  to  thefts  and pick  pocketing  by 
adults are also reported (e.g. NL). 

In  this  context,  GRETA42  reports  that  ‘Although  the  lack  of  official  disaggregated  data 
according to ethnicity precludes a reliable assessment of the occurrence of human trafficking 
in  the  Roma  communities,  there  is  evidence  that  Roma,  in  particular  Roma  women  and 
children,  are  highly  vulnerable  to  trafficking  due  to  structural  forms  of  ethnic  and  gender 
discrimination,  poverty  and  social  exclusion  which  result  in  low  educational  achievement, 

41   https://ec.europa.eu/anti-trafficking/eu-policy/study-high-risk-groups-trafficking-human-beings_en  
42   https://rm.coe.int/1680706a42  

18 

 
 
 
 
 
 
                                                           
high  levels  of  unemployment,  domestic  violence  and  difficult  living  conditions  that  affect 
predominantly  women  and  children’.  GRETA  further  underlined  that  several  of  its  reports 
published  in  2016  refers  to  cases  of  trafficking  for  the  purpose  of  forced  begging  of  Roma 
children (e.g. BG, HR), and for the purpose of early/forced marriage of Roma girls (e.g. HR) 
Unregistered  children  are  at  higher  risk  of  being  trafficked.  GRETA’s  reports  note  that  the 
absence of registration at birth affects mainly children from the Roma communities. 

Methodological  Guidance  for  the  Identification  of  Victims  of  Trafficking  in  Roma 
Communities 
The  Office  of  the  Plenipotentiary  of  the  Government  of  the  Slovak  Republic  for  Roma 
Communities  in  cooperation  with  the  Ministry  of  the  Interior  prepared  the  publication 
‘Methodological  Guidance  for  the  Identification  of  Victims  of  Trafficking  in  Roma 
Communities’.  The  aim  of  this  handbook  is  to  address  prevention  and  raise  awareness  by 
working  with  this  vulnerable  group  in  order  to  improve  the  identification  of  victims  of 
trafficking and to participate in a specialized programme as well as to strengthen preventive 
activities by raising awareness of this vulnerable group. This Methodological Guidance was 
distributed to all field social workers within the Field Social Work national programme. 

In June 2016, the Commission adopted a Communication assessing the implementation of 
the  EU  Framework  for  National  Roma  Integration  Strategies  and  the  Council 
Recommendation  on  effective  Roma  integration  measures  in  the  Member  States43.  It 
further  highlights  that  Roma  women  face  multiple  forms  of  discrimination  (violence, 
trafficking  in  human  beings  and  underage  and  forced  marriages,  and  begging  involving 
children),  highlighting  a  need  for  targeted  measures  as  part  of  a  gender  specific  and  child 
sensitive strategic approach. Amongst other things, the Communication underlines that action 
in these areas is largely lacking, despite indications of an increase in the trafficking of Roma 
for these purposes, and calls on Member States to address several urgent priorities, including: 
to  enforce  anti-discrimination  and  anti-racism  and  xenophobia  legislation  and  safeguards  at 
national  and  local  levels  by,  amongst  others,  addressing  trafficking  in  human  beings  with 
gender specific and child sensitive measures.  

According to the Commission’s Comprehensive Policy Review, one of the often identified 
vulnerable  groups  to  trafficking  in  the  funded  projects  in  the  data  set  was  people  of  Roma 
descent,  especially  Roma  children.  A  number  of  funded  projects  addressed  trafficking  of 
Roma  people,  especially  children.  The  types  of  activities  included  in  these  projects  were 
awareness  raising,  training  and  the  development  of  various  toolkits  for  a  multi-agency 
audience.  Underpinning  most  funded  projects  was  a  desire  to  improve  harmonisation  and 
coordination between source and transit/ destination countries. Some funded projects had the 
safe return of Roma children to their country of origin as their primary focus. All positioned 
children of Roma origin, principally from Bulgaria and Romania, to be especially vulnerable.  

The  Communication  of  the  European  Commission  on  the  Midterm  review  of  the  EU 
framework for national Roma integration strategies44 highlights its work to tackle multiple 
discrimination against Roma children and women, as groups exposed, among others, to high 
risks of violence and trafficking in human beings and to ensure that they are better protected. 
In  its  2016  resolution,  the  European  Parliament  highlighted  the  fact  that  Roma  people  are 

43   COM(2016) 424 final, https://ec.europa.eu/transparency/regdoc/rep/1/2016/EN/1-2016-424-EN-F1-1.PDF  
44    COM(2017) 458 final. 

19 

 
 
 
 
 
 
                                                           
particularly  vulnerable  to  trafficking  in  human  beings  due  to  their  social  and  economic 
marginalisation, and pointed to the need of data regarding Romani women and children45. 

2.2.4.4 Persons with disabilities and dependencies and emerging patterns 
Member  States  (e.g.  AT,  BG,  FR,  HU,  IT,  LT,  LV,  NL,  PL,  SK)  report  that  traffickers 
increasingly  target  persons  with  physical  or  mental  disabilities  and  persons  with  substance 
and  alcohol  use  disorders.  These  categories  are  reported  to  have  been  trafficked  for  forced 
begging with perpetrators often sharing the same nationality of the victims (mainly Romania, 
Eastern Europe), but also sexual exploitation (e.g. NL). Homeless (e.g. HU, SK) and people 
addicted  to  drugs  or  alcohol  (e.g.  FR,  HU,  SK)  are  also  indicated  as  targeted.  Victims  are 
trafficked  domestically  and  internationally.  Exploitation  of  these  categories  of  people  is 
further  reportedly  linked  to  drug  trafficking  and  criminal  gangs  in  their  pursuit  of  profit 
maximisation.  

In  addition  to  the  emerging  patterns  and  trends  highlighted  above,  Member  States  have 
mentioned cases of trafficked pregnant women for the purpose of selling their new-borns 
(e.g. BG), “bitumeurs” travellers (e.g. FR), trafficking for forced criminality with crimes 
in  the  sphere  of  customs    trafficking  for  organs  or  human  tissue  removal  (e.g.  BG,  PL), 
heavy loan commitments became new vulnerability factor (e.g. BG), and the increase in the 
number  of  young  perpetrators  (e.g.  NL)  at  the  time  of  committing  the  crime.  Another 
pattern  reported  is  a  shift  from  random  to  targeted  recruitment,  focusing  on  specific 
groups (e.g. IT, SI) in response of changes in the demand (e.g. IT, RO) or as a means of 
deceiving controls by law enforcement (e.g. IT). 

3. TRAFFICKING IN THE CONTEXT OF INTERNATIONAL MIGRATION  
Member  States  and  other  sources46  report  concerns  on  criminal  networks  involved  in 
trafficking  in  human  beings  taking  advantage  of  the  irregular  migration  routes.  Traffickers  
take advantages of opportunities and vulnerabilities, including the migration challenges, but it 
is  also  important  to  note,  further  to  recalling  that  many  of  the  registered  victims  are  EU 
nationals,  including  those  trafficked  within  their  own  Member  State,  that  non  EU  victims 
registered in the EU do not only come from countries of first arrival. 

Some Member States report on increasing numbers of Nigerian victims trafficked mainly 
for  sexual  exploitation,  and  on  decreasing  age  (e.g.  BE,  DK,  EL,  ES,  FI,  IT).  Member 
States  experiencing  arrivals  of  mixed  migration  flows  (e.g.  EL,  IT)  point  out  to  the 
difficulties in establishing identities of migrants and identifying or detecting  victims or 
potential  victims  of  trafficking.  They  would  also  welcome  more  focus  on  victims  of 
trafficking in the context of responses to the migration crisis (e.g. EL).   

Frontex Risk Analysis Report 2018 
In the Risk Analysis Report 201847  the European Border and Coast Guard Agency underlines 
that:  [Victims]  come  in  large  numbers  from  Nigeria,  but  also  from  such  countries  as 
Cameroon,  Ghana,  Guinea,  Côte  d’Ivoire  and  Sierra  Leone.  (…)  The  Nigerian  victims  are 
mostly  women  and  increasingly  younger  girls,  many  of  whom  are  minors.  Although 

45   European Parliament resolution of 12 May 2016 on implementation of the Directive 2011/36/EU of 5 April 
2011  on  preventing  and  combating  trafficking  in  human  beings  and  protecting  its  victims  from  a  gender 
perspective (2015/2118(INI)). 

46  See 

for 

example,  Europol,  Two 

years 

of  EMSC, 

2017 

Jnauary-2018 

January, 

at: 

https://www.europol.europa.eu/publications-documents/two-years-of-emsc  

47   https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf  

20 

 
 
 
 
 
 
 
                                                           
trafficking from Nigeria has, for decades, supplied the European sex market, the spike in the 
number of Nigerian females arriving in mixed migration flows to Italy (and, to a lesser extent, 
Spain),  has  brought  the  phenomenon  of  trafficking  in  human  beings  from  Nigeria  to  light. 
Currently,  Nigeria  represents  the  top  nationality  of  third-country  victims  of  trafficking  in 
human beings in the EU.  

The need to address trafficking in human beings in the context of international migration has 
been recognised in the New York Declaration, and the negotiations leading to the adoption of 
the  Global  Compact  for  Safe,  Orderly  and  Regular  Migration  (GCM)  with  a  dedicated 
objective and actionable commitments. 

According to UNODC 2016 Global Report ‘Although many cases of trafficking in persons do 
not  involve the crossing of international  borders  – some 42 per cent  of the detected victims 
are trafficked domestically - there are some links between cross-border trafficking and regular 
migration  flows.  Certain  trafficking  flows  resemble  migration  flows,  and  some  sizable 
international migration flows are also reflected in cross-border trafficking flows. The analysis 
of  country-level  data  on  detected  trafficking  victims  and  recently  arrived  regular  migrants 
reveals that trafficking in persons and regular migration flows broadly resemble each other for 
some  destination  countries  in  different  parts  of  the  world.  Many  factors  can  increase  a 
person’s  vulnerability  to  human  trafficking  during  the  migration  process,  however.  The 
presence  of  transnational  organized  crime  elements  in  the  country  of  origin,  for  instance,  is 
significant in this regard, and a person’s socio-economic profile can also have an impact’. 

2017 Communication Deliverables  
The Commission continues to publish calls for proposals to support the integration of non-EU 
nationals  who  are  victims  of  trafficking  under  the  Asylum  Migration  and  Integration  Fund 
(AMIF). Priority five of the 2017 AMIF call for Union grants48 followed up to the findings of 
the  first  progress  report,  and  the  Comprehensive  Policy  Review49,  including  in  encouraging 
proposals  targeting,  but  not  limited  to,  trafficking  for  the  purpose  of  sexual  exploitation,  as 
well as taking into account the Commission’s decision of designating 2017 as year of focused 
action  to  combat  violence  against  women  and  girls.  Out  of  21  proposals  for  this  call,  for  8 
proposals the signing of the grant agreement is under process for up to a total amount of EUR  
3.548.111.  Priority  three  of  the  2018  AMIF  call50  further  aims  at  strengthening  relevant 
stakeholders  in  implementing  the  Anti-Trafficking  Directive,  with  respect  to  provisions  on 
assistance and support for victims (Art. 11, 13 and 14), taking into consideration the gender 
specific nature of this phenomenon as well as the high-risk groups, including children, and the 
sectors it affects. 

Considering the outcomes of the first progress report, further efforts have been promoted to 
support  national  authorities  in  addressing  trafficking  in  human  beings  in  the  context  of  the 
hotspots  approach.  Two  thematic  workshops  have  been  organised  in  close  cooperation  with 
the  EU  Regional  Task  Forces  in  Italy  and  Greece,  including  relevant  EU  Agencies  and 
national  authorities  (respectively,  on  13  December  2017  and  7  May  2018).  The  focus  was 
placed on operational efforts to improve early detection and appropriate referral of presumed 

48 

https://ec.europa.eu/research/participants/portal/desktop/en/opportunities/amif/topics/amif-2017-ag-inte-
05.html  

49   https://ec.europa.eu/anti-trafficking/publications/comprehensive-policy-review-anti-trafficking-projects_en  
50   http://ec.europa.eu/research/participants/portal/desktop/en/opportunities/amif/topics/amif-2018-ag-inte-

3.html  

21 

 
 
 
 
 
 
                                                           
victims,  ensuring  a  gender  specific  and  child  sensitive  approach,  and  on  enhancing 
investigations of cases of trafficking in human beings in mixed migration flows.  

It is encouraging to witness progress in identifying non-EU national victims of trafficking. At 
the same time, the Commission underlines the importance of ensuring that this is not done to 
the detriment of other victims, including EU nationals. 

3.1. Conceptual clarity – Trafficking in human beings and migrant smuggling 
In  order  to  ensure  better  policy  and  funding  allocation,  the  Commission  has  consistently 
stressed,  in  line  also  with  the  findings  of  the  first  progress  report,  the  need  for  conceptual 
clarity when it comes to trafficking in human beings and migrant smuggling.  

As the UNODC 2016 Global Report51 notes ‘not all trafficking victims are smuggled migrants 
[…] While trafficking in persons is a crime that aims to exploit a person who may or may not 
be  a  migrant,  smuggling  of  migrants  is  always  cross-border  and  does  not,  by  definition, 
involve the exploitation of the migrant’  It is thus important to stress that while linked,  they 
are different crimes that require different responses with regard to the protection  and 
assistance needs of trafficking victims and smuggled migrants.  Civil society submissions 
further  stress  the  need  to  ensure  conceptual  clarity,  and  the  significant  implications  on  the 
rights of the victims and the obligations of the Member States.  

Europol52 indicates that in 25% of the cases migrant smuggling suspects have also links with 
trafficking in human beings, referring to migrant smuggling, together with document fraud, as 
supporting offences53 for trafficking in human beings, a way of enabling the different stages 
of the trafficking cycle. In this respect, Europol54 also underlines that “it is important not to 
confuse the two concepts of smuggling and trafficking in human beings, as trafficking involves 
the use of threats or force, or other forms of coercion to exploit the person”. 

It has to be ensured that trafficking in human beings is appropriately addressed in the context 
of migration, taking into account emerged patterns, such as the disproportionate targeting of 
women and girls trafficked for the purpose of sexual exploitation. 

3.2. Trafficking and international protection 
Links between trafficking and asylum continue being reported by the Member States (e.g. AT, 
EL,  ES,  IT),  either  in  instances  of  increase  in  numbers  of  victims  of  trafficking  found  in 
asylum  systems  or  where  organized  criminal  groups  abuse  asylum  systems.  In  this  respect, 
Europol  has  warned  that  ‘OCGs  involved  in  trafficking  in  human  beings  also  continue  to 
exploit asylum provisions in order to traffic non-EU nationals into the EU. In many occasions, 
victims are provided with fraudulent documents to conceal their real identity and age’55.  

Member  States  report  of  instances  where  traffickers  require  victims  to  apply  for 
international protection, in an attempt to regularise their status in the country (e.g. ES), 
or victims are instructed by traffickers to apply for asylum under false declarations (e.g. AT). 

51 

http://www.unodc.org/documents/data-and-
analysis/glotip/2016_Global_Report_on_Trafficking_in_Persons.pdf  

52   https://www.europol.europa.eu/sites/default/files/documents/two_years_of_emsc_report.pdf  
53 
 https://www.europol.europa.eu/sites/default/files/documents/europol-review-2016.pdf  
54 
https://www.europol.europa.eu/sites/default/files/documents/europol-review-2016.pdf  
55 
Europol, Situation Report Trafficking in human beings in the EU, 2016. 
https://www.europol.europa.eu/publications-documents/trafficking-in-human-beings-in-eu  

22 

 
 
 
 
 
 
 
 
 
                                                           
 
Pending  a  decision  on  the  asylum  claim,  traffickers  reportedly  take  advantage  of  the 
circumstances, as exploitation might still take place while victims receive accommodation in 
temporary reception centres (e.g. IT).  

AT reports on victim protection services identifying links with asylum procedures: a) victims 
escape from their traffickers in Austria, or another EU Member State, and subsequently apply 
for  asylum  in  Austria;  b)  victims  are  instructed  by  their  traffickers  to  apply  for  asylum  in 
Austria, with false declarations (see section on Nigerian or Chinese women above); c) victims 
are recruited by traffickers after their asylum application due to their precarious situation; and 
d) people who resorted to smugglers to bring them to a specific location in Europe, that end 
up being trafficked and heavily exploited on their way. 

Issues arise as to the recognition of the status of victim based on exploitation that took place 
outside the country in which the victims are present (e.g. AT, EL, FI, IT, SE). IT reports that, 
to  address  these challenges, Territorial Commissions  use guidelines developed in  2016 with 
UNHCR  for  identifying  and  granting  victim  status.  FI  reports  of  new  legislation  having 
entered  into  force  in  2015,  enabling  the  assistance  system  for  victims  of  trafficking  to 
formally identify persons as victims of trafficking, if they have been subjected to exploitation 
abroad.  In  this  respect,  FI  reports  that  an  increasing  percentage  of  decisions  by  the  Finnish 
immigration  Service's  concern  Nigerian  women  subjected  to  trafficking  for  sexual 
exploitation  in  Italy.  In  the  autumn  of  2016,  the  Finnish  Non-Discrimination  Ombudsman 
published a report on the practices in applying the Aliens Act56 to victims of trafficking with a 
Nigerian background. Based on the data consisting of residence permit decisions (2015 – July 
2016),  the  Finnish  Non-Discrimination  Ombudsman  concluded  that  the  practice  in  applying 
the  Aliens  Act  is  partially  unpredictable  and  inconsistent.  IT  reports  that  asylum  claims 
lodged by (potential) victims of trafficking show common patterns, depending on the gender 
and  the  origin  of  the  victim:  women  from  Nigeria  mainly  base  their  claims  on  fear  of 
persecution related to sexual and gender based violence, including: forced marriage, domestic 
violence,  female  genital  mutilation  and  rape,  cult-related  violence,  inter-religious  conflicts, 
sexual orientation and gender identity, presence of terrorist groups in parts of their countries 
of origin, such as Boko Haram. Men (potential) victims of trafficking from Bangladesh, are 
reported claiming they left  the country of origin  fearing persecution on the grounds of their 
political opinion or family disputes. 

EASO57  continued  its  work  on  the  asylum  and  trafficking  nexus,  and  organised  its  annual 
conferences on trafficking in human beings with thematic focuses on common challenges and 
possible practical  responses to  the current  situation of asylum-seeking victims  of trafficking 
with  a  focus  on  the  migratory  crisis,  as  well  as  on  trafficking  in  human  beings  in  mixed 
migration flows. 
Victims of trafficking in human beings who are refugees 
The UN Inter-Agency Coordination Group against Trafficking in Persons (ICAT) notes that 
while  not  all  victims  of  trafficking  are  refugees,  depending  on  the  circumstances,  some 
victims  of  trafficking  will  qualify  for  refugee  status  under  the  1951  Refugee  Convention  or 
regional  refugee  instruments58.  It  goes  on  to  stress  that  “Refugees  and  asylum-seekers  are 
particularly vulnerable to abuse and exploitation at different stages of their flight, including at 
their  destination.  They  may  be  compelled  to  use  smugglers  as  their  only  means  to  flee 

56 

https://www.syrjinta.fi/documents/14490/0/nigerialasselvitys+englanti/7d03d19d-bf75-4ff4-952a-
e0bd4fbe2dd4  

57   http://publications.europa.eu/webpub/easo/annual-report-2016/en/  
58  

ICAT Policy Brief no. 3, Trafficking in Persons and Refugee Status, September 2017. 

23 

 
 
 
 
 
                                                           
persecution,  conflict  and  violence  without  travel  or  identity  documents,  to  cross  dangerous 
terrain  and  to  circumvent  border  controls  that  prohibit  access  to  asylum-seekers,  exposing 
them  to  risk.  Once  at  their  destination  they  may  encounter  discrimination,  restrictions  on 
freedom of movement, inadequate or non-existent livelihood or educational opportunities, and 
experience limited access to humanitarian assistance or other support systems. This can push 
them to solicit smugglers in order to move in search of better protection and/or opportunities, 
or  into  the  hands  of  traffickers  who  may  prey  on  refugees  and  asylum-seekers  residing  in 
camps, reception centres or other settlements”59.  

4. PROFILES AND HOW THE TRAFFICKERS WORK  
Traffickers adjust constantly the way they operate. Member states have reported extensively 
on  the  how  traffickers  operate.  Some  reports  observe  a  shift  towards  limiting  the  use  of 
physical  force  and  using  more  psychological  control.  Nevertheless,  the  use  of  severe 
physical violence  is  also  reported. Member States highlight  changes  in  the modus operandi 
with respect to less visible forms of coercion, a certain degree of possibility for movement, 
less  evident  forms  of  intimidation,  threats,  and  a  shift  towards  psychological  violence 
(such as  BG, CY,  IT), threat  or menaces to  the  victim or the family of the victim (e.g.  IT), 
especially in trafficking for sexual exploitation. 

Some Member States (e.g.  LT)  report that victims were recruited through direct,  eye to  eye 
contacts  or  through  phone-calls.  Regarding  trafficking  for  sexual  exploitation,  Member 
States’ reports indicate the coexistence of well-structured organised crime networks  (.g. ES, 
IT), with ‘cells’ in origin, transit and destination countries (e.g. IT), with smaller groups (e.g. 
RO) and less structured methods (e.g. BE), and individual offenders (e.g. AT), loosely formed 
criminal  groups  (e.g.  LT).  Some  Member  States  (e.g.  CZ)  also  report  that  alongside  subtle 
forms of coercion in case of sexual exploitation, the offenders used threatening and physical 
assault as a means to coerce the victim. Moreover, the victims were forced by the offenders to 
make use of drugs in order to ensure their obedience as a means of coercion.  

According to Europol ‘the sexual exploitation of EU nationals no longer relies predominantly 
on the use of violence and coercion towards victims. Some OCGs are increasingly relying on 
threats of violence towards victims and their families rather than attacking the victim. Victims 
originating  from  outside  the  EU  are  still  routinely  subjected  to  violence,  debt  bondage, 
passport  confiscation  and  other  forms  of  coercion  as  an  integral  part  of  trafficking  modi 
operandi’.  

Some  Member  States  report  on  using  deception  and  emotional  dependency  of  victims 
(some refer to it as ‘loverboy method’). For example, AT reports that under the pretext of a 
future  life  together  and  the  prospect  of  earning  a  considerable  amount  of  money  in  a  short 
time, victims are persuaded to work in prostitution in Austria. When the victims realize that 
they  are not  allowed to  keep any income or  when they  express  the wish  to  stop  working in 
prostitution, traffickers use threats or physical violence. Member States also stress the role of 
kinship in recruitment, such as families, relatives, friends or acquaintances. Many Member 
States  report  that  traffickers  come  from  the  same  background  as  victims.  There  is  also  an 
increase in own nationals treated as suspects by Member States. In one case (e.g. DE) this 
was indicated as the largest reported nationality group. 

59  

Ibid. 

24 

 
 
 
 
 
 
 
                                                           
Transnational organised  crime is  highlighted in reports by Member States (e.g. ES,  IT, AT, 
FR), and some underline that multinational  networks, at  times  consisting of different  ethnic 
groups, are often specialised (e.g. IT) on a territory or a specific phase of the trafficking chain 
(transfer,  document  fraud,  exploitation).  According  to  analysis  by  the  IT  authorities,  with 
respect to trafficking sexual exploitation, investigations have also documented the actual sale 
of  young  victims  between  groups  of  different  nationalities  (for  example,  between  Albanian 
and Romanian groups). 

The criminal markets of destination are also those of drug trafficking, sexual exploitation and 
prostitution,  labour  exploitation  in  agriculture  and  construction,  begging  and  criminal 
activities  that  bring  profits  to  traffickers.  In  this  context,  Romania  reports  having  also 
observed  the  mobility  and  flexibility  of  criminal  groups  that  tend  to  act  concurrently  in 
several  countries,  especially  in  countries  where  there  is  demand  in  the  sex  industry,  labour 
market, and where conditions conducive to juvenile delinquency exist. There is also a shift of 
criminal  groups  to  the  sexual  exploitation  of  victims  internally,  with  minor  victims  being 
preferred because they are easily recruited and controlled/exploited (e.g. RO).  

With  regard  to  the  new  trends,  Member  States  report  on  the  increasing  participation  of 
women  in  the  criminal  organizations  for  trafficking  in  human  beings  assuming 
increasingly  skilled  roles  in  the  recruitment,  transfer,  subjugation  and  surveillance  of 
the  victims.  This  trend  involves  all  ethnic  groups,  albeit  with  varying  intensity, 
predominantly in Nigerian criminal groups.  

United Nations Office on Drugs and Crime Global Report 201660 
The UNODC Global Report 2016 report states that ‘Traffickers and their victims often come 
from  the  same  place,  speak  the  same  language  or  have  the  same  ethnic  background.  Such 
commonalities help traffickers generate trust to carry out the trafficking crime. Being of the 
same gender can also enhance trust. Data from court cases indicate that women are commonly 
involved in the trafficking of women and girls, in particular. Most of the detected victims of 
trafficking  in  persons  are  females;  either  women  or  underage  girls.  While  traffickers  are 
overwhelmingly  male,  women  comprise  a  relatively  large  share  of  convicted  offenders, 
compared to most other crimes. This share is even higher among traffickers convicted in the 
victims’ home country. Court cases and other qualitative data indicate that women are often 
used to recruit other women. Family ties can also be abused to carry out trafficking crimes. 
For instance, this is seen in cases of relatives entrusted with the care of a family member who 
break their promise and profit from the family member’s exploitation’. 

4.1. The use of information and communication technologies  
According  to  Europol,  the  internet  provides  offenders  and  potential  offenders  with  an 
environment  in  which  they  can  operate  with  an  enhanced  level  of  safety  and  anonymity61.  
Member States highlighted the use of internet and social networking tools by traffickers 
for the recruitment of victims (e.g. BE, BG, CY, FR, IE, IT, LV, NL, PL, RO), including 
children  (e.g.  HR),  for  organizing  transportation  and  logistics  (e.g.  BG),  for  the 
exploitation of the victims (e.g. IT, DE), including through dissemination and production 
of  pornographic  material  (e.g.  RO),  and  as  a  marketing  platform  for  prostitution  in 

60   https://www.unodc.org/unodc/data-and-analysis/glotip.html 
61   https://www.europol.europa.eu/activities-services/main-reports/european-union-serious-and-organised-

crime-threat-assessment-2017  

25 

 
 
 
 
 
 
                                                           
particular when the sexual exploitation of the victim takes place in flats and hotels (e.g. DE) 
and for  controlling victims  (e.g.  BG). The use of  encryption  technology  by traffickers  is 
also reported as a challenge to be addressed (e.g. PL).  

Europol62  reports  that  ‘a  growing  amount  of  illicit  trade  now  has  an  online  component, 
meaning  that  cybercrime  investigative  capabilities  are  increasingly  in  demand  in  all  serious 
organised crime investigations. Dark net markets remain a key crosscutting enabler for other 
crime areas, providing access to, amongst other things, compromised financial data to commit 
various types of payment fraud, firearms, counterfeit documents to facilitate fraud, trafficking 
in  human  beings,  and  illegal  immigration’.  EIGE63  furthermore  stresses  that  the  gender 
dimension  of  cybercrime  and  the  various  forms  of  cyber  violence  against  women  and  girls, 
from  trafficking  of  women  and  girls,  to  cyber  stalking,  non-consensual  pornography  (or 
‘revenge porn’), gender-based slurs and harassment, ‘slut-shaming’, unsolicited pornography, 
‘sextortion’,  rape  and  death  threats,  ‘doxing’.  EIGE  highlights  the  importance  for  EU  level 
institutions  and  agencies  combatting  cybercrime  to  tackle  gendered  forms  of  cybercrime; 
particularly the online luring or ‘recruitment’ of women and girls into harmful situations such 
as  trafficking.  GRETA64  further  notes  the  growing  trend  of  recruitment  via  the  Internet, 
including on social media, through which a larger number of potential victims can be targeted. 

5.  PREVENTING  TRAFFICKING  IN  HUMAN  BEINGS  BY  COUNTERING  THE 
CULTURE OF IMPUNITY 
Countering the culture of impunity and increasing accountability remains one of the key 
priorities areas of the 2017 Communication.65 Disrupting the business model, following the 
money and untangling the trafficking chain remains in focus, as this Communication stresses 
that profits on lawful and illicit markets and demand for the services and goods provided 
by victims of trafficking in human beings remain high wherever a culture of impunity 
for both perpetrators and users prevails. 

As  noted  in  the  2017  Communication  ‘given  the  harm  caused  to  the  victims,  prevention 
should  remain  a  cornerstone  of  the  EU  anti-trafficking  action’.  Furthermore,  prevention 
remains a pillar of Anti-Trafficking Directive and Member States have a legal obligation as 
per its Art. 18 to take appropriate measures, such as education and training, to discourage and 
reduce the demand that fosters all forms of exploitation related to trafficking in human beings; 
to take appropriate action, including through the Internet, such as information and awareness-
raising  campaigns,  research  and  education  programmes,  where  appropriate  in  cooperation 
with  relevant  civil  society  organisations  and  other  stakeholders,  aimed  at  raising  awareness 
and reducing the risk of people, especially children, becoming victims of trafficking in human 
beings;  to  promote  regular  training  for  officials  likely  to  come  into  contact  with  victims  or 
potential  victims  of  trafficking  in  human  beings;  and  to  consider  taking  measures  to 
criminalise the use of services exacted by victims of trafficking.  

62 

https://www.europol.europa.eu/activities-services/main-reports/internet-organised-crime-threat-assessment-
iocta-2017  

63   http://eige.europa.eu/sites/default/files/documents/cyber_violence_against_women_and_girls.pdf  
64   https://rm.coe.int/greta-2018-1-7gr-en/16807af20e  
65 

https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/20171204_communication_reporting_on_follow-
up_to_the_eu_strategy_towards_the_eradication_of_trafficking_in_human_beings.pdf  

26 

 
 
 
 
 
 
                                                           
As the first progress report notes ‘Trafficking in human beings is a demand and profit driven 
crime. Prevention must be placed in the wider context of a crime being driven by profits and 
demand.  A  human  rights-based  approach  focusing  on  victims  needs  to  address  prevention 
appropriately and effectively, and discourage the demand that fosters all forms of trafficking, 
as clearly stipulated in the Anti-trafficking Directive. This means not only addressing the root 
causes that make people more vulnerable to trafficking  – such as poverty, gender inequality 
and  violence  against  women,  ethnic  discrimination,  societal  marginalisation,  irregular 
migration – but also ensuring that those who profit from the crime and exploit the victims are 
brought to justice’. 

Addressing  trafficking  in  human  beings  is  also  part  of  the  EU  wide  efforts  towards  the 
realisation of an effective and genuine Security Union66, aimed at guaranteeing a high level of 
security for the people living in the EU. 

2017 Communication Deliverables 
As  per  priority  A  of  the  2017  Communication  ‘Stepping  up  the  fight  against  organised 
criminal  networks  by  means  including  disrupting  the  business  model  and  untangling  the 
trafficking  chain’,  the  Commission  has  encouraged  and  assisted  EU  national  authorities 
through  its  coordination  activities  (including  the  meetings  of  the  NREMs),  as  well  as  with 
funding. The 2017 ISF-Police67 a call for proposal for Union grant was published to support 
priorities on ‘Profile/modus operandi of traffickers/criminal organized groups/links with other 
forms  of  serious  and  organized  crimes,  prosecutions  and  convictions’  and  for  ‘Actions 
focusing on the wider trafficking chain, including the profits involved in trafficking in human 
beings’.  Funding  has  thus  become  available  to  national  authorities  and  civil  society  for 
transnational  actions  in  this  context.  For  the  2017  call,  four  proposals  were  awarded  a  total 
budget of 1.293.361 EUR. 

Many  Member  States  (e.g.  BG,  FR,  LT,  LV)  report  on  vulnerability  factors  making  people 
prey of traffickers, such as socio-economic vulnerabilities, including poverty, poor education, 
difficult  material  circumstances,  homeless,  addicted,  disabled,  minority  origin,  migration, 
children in institutional care and gender inequalities. It is important to note, however, that 
vulnerabilities  do  not  alone  result  in  trafficking.  Trafficking  is  also  driven  by  huge 
profits it renders to OCGs.  

As  Europol  notes68  the  use  of  legal  businesses  to  cover  the  exploitative  activities  is  quite 
common for traffickers.  Suspects  often buy, rent and make use of legal  companies  to  cover 
their  illicit  activities  and  launder  the  profits.  Among  the  cases  reported,  restaurants,  hotels, 
cocktail bars, dance clubs, shops, car retailers, car washes, etc., were used to organise sexual 
encounters  and  for  money  laundering  purposes.  Some  of  the  reported  groups  systematically 
used complicit employment companies to obtain legitimate work contracts for their victims. 
In countries where prostitution is legal, suspects were able to exploit minors alongside adults 

66   Sixth  progress  report  towards  an  effective  and  genuine  Security  Union  (Brussels,  12.4.2017  COM(2017) 
213 final ) and Part 1 and Part 2 of  the Commission Staff Working Document- Comprehensive Assessment 
of EU Security Policy ( 26.7.2017 SWD(2017) 278 final) accompanying the  Ninth progress report towards 
an effective and genuine Security Union ( 26.7.2017 COM(2017) 407 final). 
Internal  Security  Fund  -Police  Call  for  proposals  document  Organised  crime–projects  addressing 
trafficking  in  human  beings  ISFP  –  2017  -  AG  –  THBX.  Available  at:  https://ec.europa.eu/anti-
trafficking/eu-policy/open-calls-proposals-projects-addressing-trafficking-human-beings_en  

67  

68   Europol, Situation Report on Criminal networks involved in the Trafficking and Exploitation of Underage 

Victims in the European Union, 2018 

27 

 
 
 
 
 
 
                                                           
in  window  prostitution,  sex  studios,  nightclubs,  etc.,  often  with  the  support  of  the  business 
managers, as prostitution of minors can be very profitable for human traffickers, as clients are 
generally prone to pay more to have sex with a child. 

As Frontex Risk Analysis 201869 highlights ‘trafficking in human beings is currently one of 
the  most  profitable  forms  of  organised  crime,  generating  billions  of  euros  for  traffickers. 
Europe,  which  comprises  some  of  the  wealthiest  nations  in  the  world,  has  long  been  an 
important  market  for  the  exploitation  of  victims,  particularly  through  sexual  exploitation, 
forced labour, exploitation of criminal activities, begging and illegal adoption. The high levels 
of supplying origin countries, coupled with the demand for cheap labour and sexual services 
in the destination countries, are among the most common root causes of human trafficking’. 

This section examines progress in investigating, prosecuting and convicting the crime, as 
well as measures taken to address prevention and demand reduction.  

5.1. Encouraging the criminalisation of the use of services provided by the victims  
Further encouraging those Member States, to the extent they have not done so, to criminalise 
those who knowingly use the services provided by victims of trafficking is at the core of the 
European  Commission  priorities  to  prevent  trafficking  in  human  beings  as  per  the  2017 
Communication.   

Article  18(4)  of  the  Anti-trafficking  Directive  encourages  Member  States  to  consider 
criminalising  the  use  of  services  of  victims  of  trafficking  in  the  knowledge  that  they  are 
trafficked.  Furthermore,  the  analysis  in  the  Commission’s  ‘Users’  Report70,  which  assesses 
the impact of existing relevant national legislation, reveals a diverse legal landscape within 
the EU71 and notes that national law fails to effectively contribute to discourage demand 
for services, which are the objects of exploitation of trafficking in human beings. 

A new question in the Commission data collection exercise was to ask member states for 
information on the police contacts, prosecutions and convictions related to the criminalisation 
of  the  users  of  services  exacted  from  victims.  These  may  be  users  of  services  provided  by 
victims of trafficking for sexual or labour exploitation or other forms. 

Member States have reported mainly on measures related to trafficking for sexual and labour 
exploitation. 

Three  Member  States  provided  data  on  this  offence:  Italy,  Romania  and  Finland.      In 
2015-2016,  2  suspects  (persons  brought  into  formal  contact  with  the  authorities),  135 
prosecutions, and 18 convictions were made in the EU concerning the use of services, which 
are the objects of trafficking in human beings.   

69   https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf  
70 

http://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_impact_of_national_legislation_related_to_thb_en.pdf  
71   At  the  time  of  the  adoption  of  the  Users  report,  and  based  on  its  outcomes,  Ten  (10)  Member  States 
reported having existing national law establishing as a criminal offence the use of services which are the 
objects  of  exploitation  of  trafficking  in  human  beings  (BG,  EL,  HR,  CY,  LT,  MT,  PT,  RO,  SI,  UK), 
addressing all forms of exploitation. Fourteen (14) Member States reported having no explicit national legal 
provisions  in  place  for  establishing  as  a  criminal  offence  the  use  of  services  which  are  the  objects  of  all 
forms of exploitation of victims of trafficking in human beings (AT, BE, CZ, DE, EE, ES, FR, HU, IT, LV, 
LU, NL, PL, SK). However, some Member States (FI, IE, SE) have instituted legislation targeting the  use 
of victims of trafficking but only in respect to particular forms of exploitation. 

28 

 
 
 
 
 
 
 
 
 
                                                           
Enforcing  the  law  has  a  preventive  effect,  as  Eurojust  states  in  its  contribution  for  the 
progress  report  its  support  to  Member  States  in  investigating  and  prosecuting  trafficking 
cases, and thus assisting them in holding the perpetrators accountable, increases both general 
and specific deterrence and thus constitutes an element of prevention. 

2017 Communication Deliverables 
As  per  the  2017  Communication,  the  Commission  will  further  encourage  those  EU 
Member States, to the extent they have not done so, to criminalise those knowingly using 
services of victims of trafficking. 

As  noted  in  the  Commission    first  progress  report,  such  form  of  criminalisation,  though 
with  a  specific  and  narrower  scope,  has  already  been  introduced  and  implemented  in 
another EU legal instrument, the Employers’ Sanctions Directive, which has 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.  In  addition,  the  Child  Sexual  Abuse  Directive  obliges  Member  States  to 
criminalise  engaging  in  sexual  activity  with  a  child  where  recourse  is  made  to  child 
prostitution and to provide for minimum levels of imprisonment penalties depending on 
the  age  of  the  child,  thus  targeting  the  client  of  children  in  prostitution.  This  should  in 
turn  help  indirectly  the  fight  against  child  trafficking  for  sexual  exploitation,  as  national 
authorities do not  need to  prove the existence of the different  components in  the trafficking 
offence, nor the awareness of the client about the trafficking condition of the victim. 

The  report  by  RO  stresses  that  in  absence  of  measures  for  discouraging  demand  organised 
criminal  groups  demonstrate  flexibility  and  turn  into  new  destinations  for  sex  markets  with 
higher  demand,  rendering  investigations  less  effective.  The  Italian  report  notes  that  a 
legislative amendment to this regard would be an important step forward in the fight against 
trafficking, as it would discourage and reduce demand. 

Specifically  on  trafficking  for  sexual  exploitation,  some  Member  States  reported  on  new 
legislation enacted during the reference period on criminalising or associated with those who 
knowingly  use  services  extracted  by  victims  of  trafficking  (e.g.  CY,  DE,  EE,  IE).  Some  of 
these  Member  States  note  that  it  is  generally  too  early  to  assess  impact  of  such  measures. 
Other Member States (e.g. AT, NL) fully support the aim of Article 18 of the anti-trafficking 
directive on prevention, including by discouraging demand, but consider that non-legislative 
measures,  such  as  the  provision  of  information  and  training,  raising  awareness  and 
commissioning  research  can  be  very  effective  in  this  regard.  The  difficulty  in  proving  the 
element of knowledge that the services were provided by victims of trafficking (e.g. AT, IT) 
is stated.  

Germany  reports  on  the  Prostitute  Protection  Act  in  force  since  1  July  2017,  introducing 
regulations  on  contracts  between  prostitutes  and  operators  of  a  brothel  or  an  escort  agency, 
which aims at contributing to better preventing exploitation and trafficking in human beings. 
In  particular,  the  introduction  of  an  official  licensing  obligation  for  the  operation  of  a 
prostitution establishment and the recording and documentation requirements, as well as  the 
extensive control of the authorities, should prevent and restrict crime in prostitution, such as 
trafficking  in  human  beings  and  forced  prostitution.  Furthermore,  DE  makes  reference  to  a 
new  law  amending  the  Federal  Central  Register  Act  (Bundeszentralregister  Act)  and  the 

29 

 
 
 
 
 
 
 
 
Eighth  Book  of  the  Social  Code,  on  the  one  hand,  which  contain  a  provision  on  the 
criminalisation of users of sexual services of victims of trafficking. 

France  reports  on  the  Act  of  13  April  2016,  which  has  strengthened  the  fight  against  the 
prostitution system and supports persons in prostitution. This law introduced penalisation of 
purchasing  sexual  acts  provided  by  an  adult.  Furthermore,  where  the  victim  is  a  minor  or 
vulnerable  person,  the  offence  of  purchasing  sexual  act  is  more  severely  punishable.  The 
purpose of these measures is to reduce demand, to prevent prostitution, trafficking in human 
being  and  ‘proxenetism’  (pandering)  and  thus  make  the  French  territory  less  attractive  for 
pimps and networks. The law extends protection and rights of victims of trafficking in human 
beings  and  prostitution,  putting  in  place  measures  to  support  them  exiting  prostitution, 
including  setting  up  an  ad  hoc  departmental  commission  for  this  purpose.  Further,  the  law 
intends  to  strengthen  the  work  against  trafficking  networks,  as  internet  suppliers  have  to 
signal sites proposing paid sexual services.  

Ireland  reports  on  the  new  Criminal  Law  (Sexual  Offences)  Act  2017,  which  is  the  most 
comprehensive and wide ranging piece of sexual offences legislation introduced in Ireland in 
almost  a  decade.  Part  4  of  the  Act  provides  for  two  new  offences  of  purchasing  sexual 
services,  in  the  context  of  prostitution  and  is  linked  to  demand  that  fosters  trafficking  for 
sexual exploitation. The Act itself and its provisions, recognise the exploitation experienced 
by those involved in prostitution and decriminalises them. It enacts a more serious offence of 
paying for sexual activity with a trafficked person, in the context of prostitution, an offence 
which carries a potential penalty of up to 5 years’ imprisonment and/or a fine. In both cases, 
the person selling or, in the case of a trafficked or exploited person being forced to sell, the 
sexual service will not commit an offence. Of note, Section 27 of Part 4 requires a report after 
3 years on the number of arrests during that period in respect of the new offences, as well as 
an  assessment  of  the  impact  of  the  offences  on  those  who  provide  sexual  services  for 
payment. According to the IE report, three years is the minimum period in which systems and 
practices  can  be  effectively  bedded  down  and  operated,  so  that  reliable  conclusions  can  be 
drawn from the information gathered for the review. 

In  this  context,  another  example  is  Greece,  where  a  Committee  against  Commercial  Sexual 
Exploitation  in  April 2017 was established. The  General  Secretariat for  Gender Equality, in 
cooperation with the Office of the National Rapporteur, has set up a Committee of Experts to 
review the existing legal framework on prostitution and advocate against sexual exploitation 
and demand for commercial sex acts. The Committee includes legal experts, academics, the 
anti-trafficking police unit and representatives from NGOs. The overall task of the Committee 
is to examine closely best practices aimed  at targeting buying and selling of sexual services 
and put forward specific proposals for applying these practices in Greece.  

The Netherlands further reports that during the reference period a bill has been introduced in 
Parliament that aims to allow police officers to pretend to be adolescents on the internet. This 
should make it possible for them to catch those who try to groom children before they are able 
to  sexually  abuse  these  children  or  to  exploit  them  in  forced  prostitution.  Furthermore,  NL 
informs that in 2015 the Public Prosecution Service increased the priority on the prosecution 
of  customers  paying  for  sex  with  a  minor.  In  June  2015,  the  Directive  for  Sentence 
Recommendations  regarding  article  248b  Criminal  Code  of  the  Public  Prosecution  Service 
came  into  force,  which  formulates  guidelines  for  the  prosecution  of  these  customers. 

30 

 
 
 
 
 
 
Subsequently, some prosecutions of clients  of minors (under art. 248b Criminal  Code) have 
led to a lot of publicity because of the active press policy by the Public Prosecution Service72.  

GRETA on the criminalisation of the use of services 
GRETA73  stresses  that  the  criminalisation  of  the  use  of  services  which  are  the  object  of 
exploitation as defined in Article 4 of the Convention, with the knowledge that the person is a 
victim  of  trafficking  in  human  beings,  can  have  a  normative  effect  and  increase  public 
awareness  of  human  trafficking  issues,  in  addition  to  having  a  punitive  function.  GRETA74  
further notes that the majority of the 25 Parties to the Convention so far evaluated under the 
second  evaluation  round  have  adopted  provisions  criminalising  the  use  of  the  services  of 
victims  of  trafficking,  with  the  knowledge  that  the  person  is  a  victim.  However,  there  have 
been very few related convictions. 

Taking into consideration the country reports on EU Member States published by GRETA in 
the period after the adoption of the Commission’s first progress report, GRETA encouraged 
national  authorities  to  establish  such  criminal  offence  in  all  those  cases  where  national 
legislation  does  not  criminalise  the  use  of  services  with  the  knowledge  that  the  person  is  a 
victim of trafficking, and encouraged to extend the provision to cover all forms of exploitation 
in those case in which such provision exists limited to specific forms. This is the case of the 
country  reports on Belgium  France,  Ireland, Poland, Spain,  and Sweden. For those Member 
States  in  which  such  provisions  exists,  but  limited  or  no  information  was  available  on 
implementation, GRETA encouraged to ensure they are applied, such as in the case of Latvia, 
Malta, Portugal, Slovenia. In two cases, further information was provided on implementation 
regarding Bulgaria, and Romania. 75 

Various  Member  States  reported  on  action  to  address  impunity  for  users  of  victims  of 
trafficking  for  labour  exploitation.  Pertaining  to  trafficking  for  labour  exploitation,  IT 
reports  on  the  Law  No.  199  of  29  October  2016,  on  the  so-called  “caporalato”,  which 
addresses  labour  exploitation.  The  Law  provides  for  serious  sanctions  (1  to  6  years 
imprisonment  and  a  fine  of  500  to  1000  Euros  for  each  exploited  worker)  for  any  person 
recruiting,  using,  hiring  or  employing  the  workforce  in  conditions  of  exploitation.  It 
establishes  aggravating  circumstances,  if  the  offence  is  committed  with  violence  or  threats, 
when the number of exploited workers is more than three, when the victims are minors not of 
working age, when the workers are exposed to serious dangers for their health. The Law also 

72   From 2000 - 2014, there were 46 prosecutions under article 248b Criminal Code and 31 convictions under 
article 248b Criminal Code. From January - September 2015, there were 47 prosecutions under article 248b 
Criminal Code and 30 convictions under article 248b Criminal Code. 

73   https://rm.coe.int/greta-2018-1-7gr-en/16807af20e  
74  
75   For more details please check each referred country reports:  https://rm.coe.int/greta-2017-26-frg-bel-

Ibid. 

en/1680782ae0; https://rm.coe.int/greta-2017-17-fgr-fra-en/16807454bf; https://rm.coe.int/greta-2017-28-
fgr-irl-en/168074b426; https://rm.coe.int/greta-2017-29-fgr-pol-en/168077c9ce; https://rm.coe.int/greta-
2018-7-frg-esp-en/16808b51e0; https://rm.coe.int/greta-2018-8-fgr-swe-en/16808b1cd7; 
https://rm.coe.int/greta-2017-2-fgr-lva-w-cmts-en/1680782ac0; https://rm.coe.int/greta-2017-3-fgr-mlt-en-
w-cmts/1680782abd; https://rm.coe.int/16806fe673; https://rm.coe.int/greta-2017-38-fgr-svn-
en/168078919e; 
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680
630d6c and 
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680
6a99b1  

31 

 
 
 
 
 
                                                           
 
contains  indicators  to  detect  labour  exploitation,  with  respect  to  very  low  wages,  excessive 
working hours, lack of rest, poor health conditions, and degrading conditions).  

With respect to addressing forced labour, PT reported that the Labour Code has been amended 
in 2016, extending the scope of the provisions on liability for relevant violations to include a 
broader  range  of  entities,  which  are  also  liable  for  breaches  committed  by,  as  an  example, 
subcontractors.   

EL  further  reports  on  joint  special  operations  to  detect  victims  and  uncover  traffickers, 
between  the  Greek  Labour  Inspectorate  (SEPE)  and  the  Greek  Police  aimed  at  combating 
trafficking  in  human  beings  for  labour  exploitation  within  the  framework  of  joint  actions. 
Audits  were  carried  out  in  206  companies  and  agricultural  fields,  with  the  total  audited 
workers  reaching  1,152.  Forty-six  (46)  undeclared  workers  were  identified,  while  148 
employees  were  found  to  be  employed  on  a  different  timetable  than  what  was  declared  to 
SEPE. SEPE imposed the appropriate administrative penalties for specific violations of labour 
law. EL further reports on the so-called “Manolada case” (Chowdury and others v. Greece, 30 
February  2017),  where  Greece  was  found  in  violation  of  Article  4,  par.  2  (prohibition  of 
forced  labour)  of  the  European  Convention  on  Human  Rights,  for  not  providing  adequate 
protection  to  the  application.  According  to  the  EL  report,  competent  State  agencies  study 
challenges and opportunities for improvements both in the institutional framework and in the 
procedures, so to prevent future violations of the Convention for Human Rights 

Another  practice  comes  from  SK,  where  the  National  Labour  Inspectorate  issued  a 
Methodological  Guideline  in  2015  governing  the  process  of  performance  of  labour 
inspections  as  a  supervision  over  the  compliance  with  legal  regulations  regulating  the 
prohibition  of  illegal  work  and  illegal  employment.  The  Methodological  Guideline  contains 
indicators of the forced labour, which labour inspectors are obliged to observe in the course of 
the  inspection.  In  the  case  of  a  trafficking  suspicion,  labour  inspectorates  are  required  to 
report the facts to the law enforcement authorities. 

Civil society concerns on impunity for those who use the services of victims of trafficking 
In  Member  States  that  have  criminalised  the  use  of  services  of  victims  of  trafficking  for 
sexual exploitation, civil society reports concerns on the implementation of such laws. They 
report that investigations remain scarce and that generally the issue is not prioritised. In other 
instances where such legislative framework is rather recent, civil society is eager to see how 
the future will develop, and the efforts that will be put on implementation.  

In Member States where no such criminalisation exists, civil society reports that this results in 
fostering  a  culture  of  impunity  for  those  who  abuse  victims  and  to  the  normalisation  of 
violence, especially against women and girls, since this crime has a strong gender specificity. 
Civil society notes that in absence of criminalisation of those who use the sexual services of 
victims  of  trafficking,  the  onus  is  placed  on  the  victims,  who  are  those  treated  as  criminals 
and at times at the expense of their privacy. Civil society asks for a comprehensive approach 
that places the principle of equality at its core.   

While  considering  a  step  in  the  right  direction    the  move  towards  criminalising  those  who 
knowingly  use  the  services  provided  by  victims  of  trafficking,  civil  society  expresses 
concerns that the requirement of knowledge make its application more difficult, and call for 
considering options that would render more effective the criminalisation of users and abusers, 
especially of child victims.  

32 

 
 
 
 
 
 
 
 
5.2.  Increasing  accountability  and  results  through  effective 
prosecutions  
In  2015  and  2016  Member  States  reported  7503  people  having  formal  contact  with  the 
police or criminal justice systems in connection to the crime of trafficking in human beings 
within the EU. Member States reported 5979 prosecutions and 2927convictions within the 
EU.  Every  year  Europol  receives  a  growing  number  of  new  cases  on  trafficking  in  human 
beings  and  contributions  from  its  partners.  For  the  period  2016-2017,  2476  new  cases  and 
8411  new  operational  messages  were  referred  to  Europol,  while  Europol  registered  10449 
suspects and 10664 victims or potential victims.76   

investigations  and 

As  highlighted  in  its  first  progress  report,  increasing  the  number  of  investigations  and 
prosecutions  is  one  of  the  key  priorities  of  the  EU  legal  and  policy  framework  addressing 
trafficking in human beings. The level of prosecutions and convictions remains worryingly 
low.  In  this  respect,  UNODC  notes  in  its  Global  Report  2016  that  while  there  is  a  solid 
legislative progress in criminalisation of trafficking in human beings, there are still very few 
convictions.  

Member  States  report  that  while  there  is  an  increase  in  investigations  and  prosecutions, 
often  in  many  cases  there  is  insufficient  evidence  to  sustain  a  prosecution  and  bring  a 
case to court.  

This  is  attributed  to  the  extremely  complex  nature  of  such  investigations.  This  inability  to 
produce evidence results in some cases in bringing charges against offenders on other crimes 
such  as  money  laundering  or  prostitution  related  offences.  Member  States  further  note  that 
often the chain of organised criminal  groups spreads outside national borders and that those 
who  are  found  on  national  territory  are  usually  the  lower  parts  of  the  chain,  thus  there  is  a 
need for international cooperation in investigations and building cases.  

Particular  challenges  were  also  noted  in  the  context  of  trafficking  for  forced  criminality, 
especially  drug  cultivation.  Since  such  cases  involve  often  evidence  of  serious  offences 
contrary  to  anti-drug  legislations,  it  is  important  that  guidelines  and  recommendations  are 
available by the prosecutorial authorities for ensuring awareness of trafficking indicators and 
respect of the principle of non-punishment of victims.  

Member States reported less on measures related to child sensitive investigations. However, 
NL  reports  that  in  April  2016,  a  new  working  method  was  developed,  which  focuses  on 
multidisciplinary  risk  assessment  for  unaccompanied  minors  in  protected  shelter.  The  team 
comprises state authorities and civil society. The goal of this risk assessment is to determine if 
the minor can be expected to file a complaint, cooperate with an investigation, or is able to tell 
his or her story. The multidisciplinary risk analysis, is also an instrument to determine what 
kind  of  help,  care,  shelter,  the  minor  needs.  Furthermore,  the  results  of  the  analysis  can 
(potentially) function as evidence in the immigration and criminal procedures.  

Sweden informs that the government has commissioned the County Administrative Board of 
Stockholm  (CABS)  to  carry  out  a  systematic  examination  of  all  police  reports  of  suspected 
trafficking of children in 2015–2016, and to subsequently carry out an in-depth study of about 

76   Europol published graphic: https://twitter.com/Europol/status/920552532656582657 

33 

 
 
 
 
 
 
 
 
 
                                                           
ten selected cases. The main purpose of this examination is to attempt to identify why so few 
preliminary  investigations  into  suspected  trafficking  result  in  prosecution,  and  to  identify 
which parts of the process can and should in particular be strengthened. 

An example related to alleviating the excessive burden placed on victims comes from the UK 
where the vulnerable persons’ team of the National Crime Agency supports victims to ensure 
their needs are met and they do not become re-victimised once an investigation is complete. 
The team helps prepare victims to give evidence at court, and works closely with the Crown 
Prosecution  Service  to  ensure  sufficient  evidence  is  obtained  to  launch  victimless 
prosecutions, where necessary. Victimless prosecutions are evidence-based prosecutions and 
refer to a collection of techniques utilised by prosecutors to convict perpetrators without the 
co-operation  of  an  alleged  victim.  The  Crown  Prosecution  Service  notes  that  victimless 
prosecutions  will  usually  be  dependent  on  proactive  investigation  commenced  by  the  law 
enforcement  agencies77.  It  further  stresses  that  ‘if  a  victimless  prosecution  is  contemplated, 
joint  working  between 
to  consider  an  early 
investigative/prosecution  strategy  and  how  a  case  can  be  built  without  the  complainant’s 
active participation’78. 

the  police  and  prosecutors 

is  vital 

Civil Society concerns on investigations and prosecutions 
Civil society submissions stress that  investigations and prosecutions of trafficking for sexual 
exploitation are not prioritised. 

Some reports observe a general lack of resources put in investigations on trafficking, as well 
as a lack of proactive investigations, which results in excessive burden on victims to provide 
evidence.  On  the  latter  point,  civil  society  submissions  are  unequivocally  stressing  that 
currently  there  is  an  excessive  burden  placed  on  victims  and  their  testimonies,  which  could 
have been averted by using special and intelligence led investigations. Civil society also refers 
to excessive lengths of criminal proceedings, which dissuade victims from cooperating with 
the judiciary against traffickers.  

They note mis-qualification of the crime from trafficking related offences to offences related 
to prostitution or labour related offences, with lower evidentiary thresholds, thus resulting in 
lenient penalties for the perpetrators and, importantly, preventing victims from accessing the 
rights they are entitled to. In this respect, some civil society submissions also point out to the 
mis-qualification of offences related to trafficking for forced marriage, with offences related 
only to domestic violence. 

Civil  society  emphasises  that  these  tendencies  are  due  to  a  number  of  factors,  including 
persisting  limited  expertise  or  awareness  of  relevant  actors  on  the  phenomenon  and 
legislation.  They  also  stress  that  this  reflects  a  culture  of  normalisation  of  the  crime,  in 
particular in  cases of trafficking for sexual  exploitation  in  the prostitution sector, as well as 
for  trafficking  for  forced  criminality  and  forced  begging.  In  turn,  this  also  hinders  the 
identification of victims. 

5.2.1. Financial investigations   
The  2017  Communication  has  identified  intensifying  investigations  and  prosecutions  and 
facilitating proactive financial and intelligence-led investigations, asset recovery, freezing and 

77   The CPS response to the Modern Slavery Act 2015, Crown Prosecution Service, December 2017. 
78  

Ibid. 

34 

 
 
 
 
 
 
 
 
                                                           
confiscation  of  profits,  as  means  to  breaking  the  business  model  of  traffickers.  An 
increasing  number  of  Member  States  report  that  financial  investigations  form  part  of 
trafficking  investigations;  measures  are  taken  for  improving  their  effectiveness,  and 
these are useful tools for restitution of victims' losses (e.g. AT, BE, CZ, DE, EE, ES, HU, 
IT, NL, RO, PT). Some (e.g. CZ, LT) reports in addition that offenders operated largely via 
cash transactions. 

Law  enforcement  authorities  of  Member  States  can  already  seek  the  assistance,  which  their 
national FIUs can provide to them. According to Article 32 (4) of the Anti-money Laundering 
Directive (AMLD)79  in  force, “FIUs shall be able  to  respond to  requests for information  by 
competent  authorities in their respective Member States when such requests for information 
are  motivated  by  concerns  relating  to  money  laundering,  associated  predicate  offences  or 
terrorist financing”. A recent legislative initiative by the European Commission on the use of 
financial and other information for the prevention, detection, investigation or prosecution of 
certain criminal offences80 proposed to extend the scope of the cases in which FIUs have to 
share  financial  information  with  law  enforcement  authorities  to  serious  criminal  offences, 
including  the  trafficking  in  human  beings.  It  also  aims  to  enhance  the  cooperation  between 
FIUs  and  law  enforcement  authorities,  particularly  in  recognition  of  the  usefulness  of 
financial investigations in fighting serious crime. 

The Council of the European Union adopted a set of Council Conclusions and an action 
plan on financial investigation on 9 June 2016.  The Council Conclusions do not explicitly 
refer  to  trafficking  in  human  beings  but  cover  all  forms  of  organised  crime.  It  includes  an 
Annex with an action plan, with a lot of useful information.  The said conclusions underline 
the need to use financial investigation as a standard when dealing with organised crime and 
terrorism  from  the  very  start  of  a  criminal  investigation  mobilising  multidisciplinary 
cooperation.   

Europol  informs81  that  organised  crime  groups  involved  in  trafficking  in  human  beings 
have successfully combined illicit practices with strong business and technical skills. This 
makes them highly profitable, low risk and resilient to law enforcement actions.  Such groups 
tend to work independently from other groups and launder their own criminal proceeds with 
little  use  of  experts.  Furthermore,  Europol  notes82  that  organised  crime  groups  augmented 
their  use  of  cash  to  send  money  back  to  their  countries  of  origin,  as  an  alternative  to 
increasingly  controlled  banking  systems  and  that  Financial  institutions,  Money  Service 
Businesses (MSBs) and other types of financial institutions are most at risk to be exploited by 
the  money  laundering  activities  of  such  groups.  In  this  respect,  Legal  Business  Structures 
(LBS) - either owned outright by such groups or unwittingly infiltrated can be used as a 
way to launder the proceeds of trafficking activities. The registers of beneficial ownership 
of  companies,  trusts  and  other  legal  arrangements  that  are  being  set  up  by  Member  States 

79   Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention 
of  the  use  of  the  financial  system  for  the  purposes  of  money  laundering  or  terrorist  financing,  amending 
Regulation  (EU)  No  648/2012  of  the  European  Parliament  and  of  the  Council,  and  repealing  Directive 
2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, OJ L 
141,  5.6.2015,  p.  73–117.  The  latest  amendment  to  this  Directive  by  Directive  (EU)  2018/843  left  this 
provision unaltered.  
80   COM(2018) 213 final.  
81   Europol, Financial Business Model of Trafficking in Human Beings (2015), 

https://www.europol.europa.eu/publications-documents/trafficking-in-human-beings-financial-business-
model  
Ibid. 

82  

35 

 
 
 
 
 
                                                           
under the AMLD will prove to be a key tool in the hands of law enforcement in identifying 
who is really behind certain business.  

Eurojust83 reports that in relation to financial investigations, the analysis of the 28 trafficking 
in  human  beings  cases  indicates  that  in  21  cases  (75%)  financial  investigations  were 
discussed  in  the  framework  of  coordination  meetings.  Issues  addressed  were  parallel 
money  laundering  investigations,  following  the  money  flows,  the  identification  of  criminal 
assets,  the  freezing  of  bank  accounts,  legal  requirements  concerning  asset  recovery  and  the 
confiscation  of  the  proceeds  of  crime  (such  as  real  estate,  luxury  goods,  cars).  Proactive 
financial  investigations  to  seize  and  recover  criminal  assets  and  for  taking  actions  against 
money laundering are crucial for weakening the criminal networks involved in trafficking in 
human beings.  

Member  States  also  report  on  the  challenges  and  difficulties  associated  with  financial 
investigations and tracking the money flows. For example, Eurojust84 reports that in one case, 
the national authorities faced difficulties in following the money flow, since the proceeds of 
the  crime  were  channelled  through  the  Hawala  banking  system  (with  the  participation  of  at 
least two intermediaries). In addition, most of the proceeds were laundered through non-EU 
Member States. In this case, Eurojust’s operational support (in particular through the various 
analytical reports prepared by the Case Analysis Unit) highlighted the potential links between 
several of the trafficked victims, the (Western Union and MoneyGram) payments and phone 
calls made by their family members to the traffickers and the top echelons of the OCG.  

Member  States  also  link  financial  investigations  with  other  type  of  control  measures.  With 
particular reference to trafficking for labour exploitation, DE reports that financial control of 
undeclared work, as part of its mission, supports the identification of victims of trafficking but 
more work remains to be done for raising awareness within competent services. In Italy, the 
Guardia  di  Finanza  performs  inspections  on  undeclared  and  irregular  work  with  a  view  of 
identifying  exploitation  and  associated  illegal  activities,  such  as  tax  evasion,  social  security 
fraud, production and trade in  counterfeited trademarked  goods.  In this respect,  the relevant 
operational  plan  does  not  only  focus  on  tax  recovery  but  also  on  assets  and  wealth 
accumulated by criminals. This goal is pursued through multiple levels of intervention during 
corporate and self-employment companies’ tax audits. 

The critical importance of financial investigations has been recognized in the context of 
the  work  of  Europol  and  more  broadly,  in  the  context  of  the  EU  Policy  Cycle. 
Combatting criminal finances and money laundering and facilitate asset recovery in view of 
effectively confiscating the criminal profits of organised crime groups is  not only a specific 
priority for the EU Policy Cycle 2018-21, but it must also be implemented as a common 
horizontal  strategic  goal  through  the  strategic  and  operational  work  for  all  other 
relevant  crime  priorities,  including  trafficking  in  human  beings.85  Furthermore,  CEPOL 
has delivered targeted trainings and  webinars  for law enforcement  and offered  a specialised 
course on financial investigations and asset recovery in trafficking cases. Nonetheless, further 
efforts  are  necessary  to  make  full  use  of  financial  investigations  and  implement  it  as  a 

83  http://www.eurojust.europa.eu/doclibrary/Eurojust-framework/Casework/Implementation  of 

the  Eurojust 
Action  Plan  against  Trafficking  in  Human  Beings  2012-2016  -  Final  evaluation  report  (January 
2017)/2017-01-31-THB-2012-2016_EN.pdf. 
Ibid. 

84  
85   Council conclusions on setting the EU’s priorities for the fight against organised and serious international 
crime between 2018 and 2021 at http://data.consilium.europa.eu/doc/document/ST-8654-2017-INIT/en/pdf  

36 

 
 
 
 
 
 
                                                           
standard 
organisations. 

investigation  practise,  especially  regarding 

its  potential 

to  map  criminal 

As also noted in the first progress report, following the money is a key priority for the EU 
legal  and  policy  framework  addressing  trafficking  in  human  beings.  It  is  vital  that 
Member States  ensure  application of Art.  9 of the Anti-Trafficking  Directive providing that 
Member  States  shall  take  all  the  necessary  measures  to  ensure  that  effective  investigative 
tools  are  available  to  investigation  and  prosecution  authorities;  and  that  investigation  and 
prosecution  should  not  be  dependent  on  reporting  or  accusation  by  the  victims.  There  is  a 
plethora of tools developed and now it is time for implementation.  

2017 Communication Deliverables 
Enhanced Cooperation with the Association of Law Enforcement Forensic Accountants 
(ALEFA) 
ALEFA86  was  established  to  develop  the  quality  and  reach  of  forensic  accountancy 
throughout law enforcement agencies in order to better assist the Courts, victims, witnesses, 
suspects,  defendants  and  their  legal  representatives  in  relation  to  alleged  fraud,  fiscal, 
financial and serious organised crime.  There is added-value in that membership of the group 
will  improve  cross-border  and  inter-agency  cooperation  as  well  as  information  exchange, 
within  and  outside  the  European  Union.  This  association  is  supported  with  co-financing  by 
the Prevention of and Fight against Crime Programme of the European Union. 

5.2.2. Freezing, seizing and confiscation of proceeds of crime 
Only few Member States have provided information on the total value of assets confiscated 
from the trafficker convicted (e.g. CZ, UK) and Member States acknowledge the difficulty to 
extract  data  on  confiscated  property.  Based  on  Article  11  of  Directive  2014/42/EU87  the 
Commission is receiving data on the number of freezing and confiscation orders and the value 
of the assets frozen or confiscated in each Member State. This information will nevertheless 
be general and not differentiate between assets frozen or confiscated on the basis of different 
types of crime. 

Using the proceeds of crime for satisfying the claims of victims were referred by Member 
States (e.g. AT, DE, IT, LV). Pertaining to freezing, seizing and confiscation of proceeds of 
crime,  Member  States  also  report  improvements  and  increased  use  thereof.  Member 
States  report  increased  awareness  by  the  judicial  and  prosecutorial  authorities,  which 
has resulted in an increase on the number of criminal investigations concerning the freezing 
and confiscation of proceeds of crime, especially in cases of trafficking for sexual and labour 
exploitation.  

In  Austria,  as  of  January  2015,  it  has  been  possible  to  not  only  seize  and  confiscate  the 
victim’s property in possession of the perpetrator, but also e.g. the bank deposit of the suspect 
in  order  to  satisfy  the  victim’s  claims  for  damages  during  legal  proceedings.  According  to 
civil society, this has already led to improvements in practice. Furthermore, as of June 2016, 
an enforced collection from the convicted person is possible not only regarding the forfeiture 
of  the  monetary  equivalent  of  the  assets  acquired  for  or  through  an  offence,  including  any 
benefits  and  replacement  value  of  such  assets,  but  also  regarding  the  confiscation,  which 

86   http://www.alefa.eu 
87   https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0042  

37 

 
 
 
 
 
 
 
                                                           
includes  any  item  yielded  from  an  intentional  offence.  IT  also  reports  that  following 
convictions of perpetrators proceeds are channelled to the Anti-trafficking Fund, which covers 
support programmes and compensation of victims.   

LV  reports  on  the  “Law  on  Execution  of  Confiscation  of  Criminally  Acquired  Property”, 
which aims at ensuring an efficient execution of confiscation of criminally acquired property 
by  satisfying  the  claims  of  victims,  which  are  substantiated  by  enforcement  documents 
submitted  to  the  record-keeping  of  a  sworn  bailiff.  According  to  the  Law,  a  half  of  the 
confiscated  proceeds  from  crime  transferred  to  the  State  Budget,  but  not  more  than  two 
million  euro  in  a  financial  year,  shall  be  transferred  to  a  separate  budget  programme  of  the 
Ministry of Justice in order to implement the required measures for combating financial and 
economic  crimes  and  providing  support  to  crime  victims.  DE  also  reports  on  a  law  on  the 
reform  of  the  criminal  asset  recovery,  which  entered  into  force  in  July  2017,  according  to 
which, in the future, income from trafficking related criminal acts will also be recovered for 
the  benefit  of  the  victims.  Furthermore,  the  Law  on  Organised  Crime  and  Terrorism 
introduces  a  new  mitigation  tool,  whereby  assets  may  be  recovered  from  criminal  activities 
without  the  need  to  prove  a  specific  crime  and  may  be  used  in  cases  where  trafficking  in 
human beings is concerned.  

National Agency for the Management of Seized Assets in Romania 
GRETA  report  on  Romania  refers  to  the  Law  No.  318/2015  on  the  Establishment, 
Organisation and Functioning of the National Agency for the Management of Seized Assets 
(ANABI).  The  aim  of  ANABI  is  to  ensure  an  increase  of  the  execution  rate  of  the 
confiscation  orders  issued  in  criminal  matters,  through  an  efficient  management  of  seized 
assets that are distributed to the Agency by prosecutors and judges. The Agency is tasked to: 
a) facilitate the tracing and identification of proceeds from, and other property related to crime 
that could be subject to freezing, seizure or confiscation orders issued by a competent judicial 
authority during criminal  proceedings;  b) secure  management, in  the cases  specified by this 
law, of movable assets seized in criminal proceedings; c) sale, in the cases established by law, 
movable assets subject to seizure in criminal proceedings; d) manage the national integrated 
electronic system of criminal assets; e) support, under the law, judicial authorities in making 
use to the best available practices field of identification and management of assets that may be 
subject  to  freezing  and  confiscation  measures  in  criminal  proceedings;  f)  coordinate,  assess 
and  monitor  at  national  level  the  application  and  observance  of  the  legal  procedures  in  the 
field of recovery of proceeds of crime. 

According  to  the  Commission  Communication  ‘On  Progress  in  Romania  under  the  Co-
operation  and  Verification  Mechanism’,88  ANABI  is  now  fully  operational.  The  Agency 
published  its  first  annual  report  in  February  2017  and  with  the  help  of  the  fiscal 
administration,  was  able  to  pin  down  the  total  sums  of  money  resulting  from  the  selling  of 
confiscated  assets  in  2016  (about  EUR  5  million),  part  of  which  is  to  be  redistributed  for 
social  and  public  re-use.  The  first  call  for  proposals  will  be  launched  in  2018.  The  January 
2017  report  highlighted  that  the  Agency  should  eventually  contribute  to  increase  the 
proportion of assets effectively recovered. This work is already under way, with the collection 
of  data  from  all  courts  and  with  the  launch  of  a  project  to  keep  track  of  all  relevant  court 
decisions  in  relation  to  confiscation  of  criminal  assets,  linked  with  the  execution  database 
from the fiscal administration. This project should be complete by the end of 2018 and should 

88   COM(2017) 751 final. 

38 

 
 
 
 
 
                                                           
provide a clearer picture, so that appropriate measures can be taken to increase the proportion 
of assets effectively recovered. 

ANABI also exercises the competence of the Asset Recovery Office. From January until the 
15 June 2017, the Romanian Asset Recovery Office dealt with 86 incoming requests and 21 
outgoing requests. The  Member States most frequently  requesting information  were France, 
the  United  Kingdom,  Italy,  Germany  and  Spain  and  ANABI  sent  the  largest  number  of 
requests to  Hungary,  Italy, Austria and  France. ANABI  also  dealt with  several  international 
confiscation orders. 

Generally,  it  remains  to  be  seen  at  a  later  stage,  what  percentage  of  the  proceeds  identified 
through  financial  investigations  were  actually  detected  and  seized  and  to  what  extent  they 
were used for supporting victims, which in itself entails difficulty. It should be noted that civil 
society organisations in their submissions call for systematic use of financial investigation and 
using the proceeds of crime for compensating and assisting the victims.  

New  Financial  Action  Task  Force  (FATF)  and  Asia/Pacific  Group  on  Money 
Laundering (APG) report 
On  2  August  2018  a  new  Financial  Action  Task  Force  (FATF)  and  Asia/Pacific  Group  on 
Money  Laundering  (APG)  report89  was  published  to  raise  awareness  about  the  type  of 
financial information that can identify trafficking for sexual exploitation or forced labour and 
to raise awareness about the potential for profit-generation from organ trafficking. The report 
also highlights potential links between trafficking and terrorist financing. 

The Financial Action Task Force (FATF) and the Asia/Pacific Group on Money Laundering 
(APG)  jointly  undertook  this  study  to  improve  global  understanding  of  the  financial  flows 
associated with the crime of trafficking, both as a money-laundering predicate and potential 
source  of  terrorist  financing.  This  study  updates  the  FATF’s  2011  report.  This  study  has 
brought granularity to indicators of suspected money laundering of the proceeds of trafficking 
by  separating  trafficking  into  three  categories  in  line  with  the  Palermo  Protocol:  trafficking 
for  forced  labour,  sexual  exploitation  or  for  the  removal  of  organs.  The  project  team  found 
that the proceeds from  each of these types of exploitation are realised in a different manner 
and  required  different  laundering  mechanisms.  In  addition,  each  of  these  three  types  of 
exploitation  could  be  better  understood  and  detected  through  the  financial  activities  of  the 
various  actors  and/or  roles  involved  to  conduct  each  of  the  three  types  of  exploitation.  The 
report  also  provides  a  more  precise  set  of  global  money  laundering  indicators  for  use  by 
reporting entities, financial intelligence units and other national authorities. 

This  study  also  identifies  the  challenges  national  authorities  frequently  face  in  detecting, 
investigating and prosecuting money laundering and terrorist financing from trafficking. The 
study identifies good practices, and in particular the two primary good practices, to mitigate 
some of these challenges: a. Assess the diverse money laundering risks from trafficking, share 
with  stakeholders and ensure that they’re understood and b.  Leverage expertise, capabilities 
and  information  through  partnerships  between  the  public  sector,  private  sector,  civil  society 
and non-profit organisation communities. 

89   See  the  executive  summary  at  http://www.fatf-gafi.org/media/fatf/content/images/Human-Trafficking-
Executive-Summary.pdf, and  the full report at  http://www.fatf-gafi.org/media/fatf/content/images/Human-
Trafficking-2018.pdf 

39 

 
 
 
 
 
 
 
 
                                                           
The  increasing  involvement  of  the  EU  Asset  Recovery  Offices  in  tracing  the  proceeds  of 
crime are noted too. As the proceeds of trafficking are often transferred to third countries, it 
would be important to increasingly involve the relevant networks, such as the Camden Assets 
Recovery Inter-agency Network (CARIN), an informal network of law enforcement agencies 
who  share  knowledge  and  information  on  how  to  trace  assets  in  a  member’s  country.  The 
framework for international cooperation of FIUs, both within and beyond the EU, can also be 
of help for law enforcement authorities in the tracing of proceeds connected to trafficking in 
human beings. Within the EU, Article 53(1) of the AMLD provides a legal basis for the FIU-
to-FIU exchange of financial information, whereas at the global level the “Egmont Group”, a 
cooperation  network  of  155  Financial  Intelligence  Units  provides  a  platform  for  the  secure 
exchange  of  expertise  and  financial  intelligence  to  combat  money  laundering  and  terrorist 
financing.  

The Camden Assets Recovery Inter-agency Network (CARIN) 
CARIN  is  a  network  of  operational  law  enforcement  and  judicial  contact  points  which, 
together  with  its  regional  networks,  covers  153  countries  and  jurisdictions  and  has  the 
ultimate objective of achieving a global reach. CARIN is affiliated with six regional networks 
of asset recovery practitioners, including Eastern Africa (ARIN EA), Western Africa (ARIN 
WA),  Southern  Africa  (ARIN  SA),  South  America  (RRAG),  the  Caribbean  region  (ARIN 
CARIB)  and  the  Asia-Pacific  region  (ARIN  AP).  Each  of  these  networks  provides  for  the 
establishment  of  law  enforcement  and  judicial  operational  contact  points  in  each  Member 
country. The practice has repeatedly demonstrated the effectiveness of the informal exchanges 
between  CARIN  contact  points,  which  are  able  to  exchange  information  on  assets  and  on 
legal issues (for example mutual legal assistance requests) without cumbersome procedures. 

Eurojust  notes90  that  out  of  the  28  trafficking  in  human  beings  cases  analysed  by  the 
trafficking  in  human  beings  Project  Team,  16  saw  asset  recovery  being  discussed  in  the 
framework  of  coordination  meetings.  The  majority  of  those  cases  were  still  ongoing  at  the 
time  of  the  analysis.  However,  at  least  two  of  these  cases  resulted  in  actual  confiscations, 
including the confiscation of property amounting to 4 452 625 DKK (approx. 598 655 Euro). 
In  one case the decision was  taken at  an early  stage of the judicial cooperation as  a special 
clause was included in the Joint Investigation Team agreement. 

5.2.3. Joint Actions   
EU  agencies  and  Member  States  report  increasingly  on  cross-border  cooperation  and  joint 
investigations. Eurojust91 casework reveals a better understanding of trafficking specifics by 
practitioners, a higher level of coordination, which, in turn, translates to a larger number 
of  Joint  Investigation  Teams  (JITs)  being  setup,  as  75  %  of  the  analysed  trafficking  in 
human  beings  cases  with  a  coordination  meeting  at  Eurojust  in  2014-2015  translated  into  a 
joint investigation team. Joint investigation teams were increasingly set up with non-EU 
countries,  especially  the  Western  Balkans  and  namely  Bosnia  and  Herzegovina.  An 
increasing number of trafficking in human beings cases are addressed by Eurojust.  

90   http://www.eurojust.europa.eu/doclibrary/Eurojust-framework/Casework/Implementation  of  the  Eurojust 
Action  Plan  against  Trafficking  in  Human  Beings  2012-2016  -  Final  evaluation  report  (January 
2017)/2017-01-31-THB-2012-2016_EN.pdf. 

91   http://www.eurojust.europa.eu/doclibrary/Eurojust-framework/Casework/Implementation  of  the  Eurojust 
Action  Plan  against  Trafficking  in  Human  Beings  2012-2016  -  Final  evaluation  report  (January 
2017)/2017-01-31-THB-2012-2016_EN.pdf. 

40 

 
 
 
 
 
 
                                                           
Eurojust'  in  its  2017  Annual  Report  on  trafficking  in  human  beings  observes  an  increase  in  
cases  referred  (79  in  2015,  93  in  2016  and  132  in  2017);  as  well  as  in  crime  related 
coordination meetings (32 in 2015, 33 in 2016 and 57 in 2017), and in JITs on cases of (21 in 
2015, 32 in 2016 and 51 in 2017).92 In 2017, based on Eurojust casework, the most requesting 
Member States were RO, UK and BG, while the most requested Member States were RI, DE 
and UK. The use of JITs also increased: 26 JITs were newly established, totalling 51 active 
JITs.  Thirty-nine  (39)  JITs  received  funding  from  Eurojust.  The  JITs  included  non-EU 
countries such as Norway, Switzerland and Bosnia and Herzegovina.  

Investigations on Trafficking in Human Beings by the Romanian Authorities93 
In  April  2016,  the  Romanian  authorities  opened  an  investigation  into  an  international 
organised crime group (OCG) accused of committing trafficking in human beings for sexual 
exploitation,  pimping  and  money  laundering.  Women  victims,  who  showed  greater 
vulnerability due to age, physical or mental disability, or lack of financial resources, working 
alternatives  or  family  ties,  were  forced  into  prostitution  in  Belgium,  the  Czech  Republic, 
Germany,  Spain,  Switzerland  and  the  UK  by  members  of  the  OCG.  The  investigation 
revealed  that  a  substantial  amount  of  money  was  obtained  from  the  described  criminal 
activities, with the banking transactions managed by the OCG amounting to more than EUR 5 
million. 

In September 2016, the case was referred to Eurojust to support cooperation with the national 
authorities of the Member and non-EU countries involved, particularly in the setting up of a 
JIT and preparation of a joint action day. At the first coordination meeting, in February 2017, 
the setting up of a JIT was agreed. The JIT agreement was signed in March between Belgium, 
Romania and the UK, with the participation of the respective National Members. In parallel, 
Eurojust received, transmitted and facilitated the execution of MLA requests with the Czech 
Republic, Germany and Switzerland, countries not party to the JIT.  

The second coordination meeting in May was used to plan and prepare the joint action day. 
Further, participants in that meeting, with the support of Eurojust, agreed on the best venue to 
prosecute.  

During the joint  action  day in  June, 71 house searches  were carried out  in  Romania and 20 
house searches in Belgium, the Czech Republic, Switzerland and the UK. Large amounts of 
currency, jewellery, firearms, drugs and electronic equipment were seized. On the same day, 
39 suspects were detained in Romania and 3 in the UK, and 40 witnesses were interrogated. 
In addition, freezing measures on assets amounting to more than EUR 2 million were ordered 
in Romania. Eurojust provided advice to the national authorities during the joint action day.  
In  this  case,  Eurojust  also  provided  financial  and  logistical  support  to  the  JIT.  Europol 
contributed  to  the  exchange  of  information  among  the  involved  countries  and  provided 
operational  support  by  organising  an  operational  meeting  and  cross-matching  the  incoming 
information. 

According  to  the  Europol  Review  2016–2017  ‘Every  year  Europol  receives  a  growing 
number  of  new  human  trafficking  cases  and  contributions  from  its  partners.  In  2016, 

92 

93  

Eurojust, 2017 Annual Report, available at: 
http://www.eurojust.europa.eu/doclibrary/corporate/eurojust%20Annual%20Reports/Annual%20Report%2
02017/AR2017_EN.pdf. 
Ibid. 

41 

 
 
 
 
 
 
 
                                                           
4669 data contributions were made, corresponding to an increase of 37% compared to figures 
from  the  previous  year.  Based  on  the  information  received,  in  2016  Europol  supported  48 
high-profile cross-border operations in the area of trafficking in human beings, corresponding 
to an increase of 40%. Moreover, Europol organised and facilitated 26 operational meetings 
and  provided  on-the-spot  assistance  on  16  occasions’94.  Europol  further  reports  that  in  the 
context of Joint Action Days conducted in 2017, 1191 victims of trafficking in human beings 
were identified.95 

Multidisciplinary cooperation and Joint Investigation Teams -13 Oceans  
The Netherlands reports that in this case, about 20 Roma children from Eastern Europe were 
forced into theft and pick-pocketing. Some of these children were less than ten years old, not 
going  to  school,  and  some  of  the  girls  got  pregnant  at  very  early  age,  and  child  abuse  was 
suspected.  The  children  were  moved  across  Europe  and  money  was  taken  back  to  South 
Eastern Europe, where the criminal networks involved are based. An investigation was started 
to  tackle  the  criminal  networks,  gain  insight  into  this  phenomenon  and,  most  importantly, 
safeguard the children. The networks seemed to be based on family ties. In order to break the 
hold  of  the  criminal  networks  over  the  children,  the  court  placed  about  10  children  under 
supervision and in closed youth care institutions. However, some of the children managed to 
run  away.  The  investigation  led  to  the  arrest  of  two  persons  in  Barcelona,  Spain.  They  are 
suspected of trafficking in human beings, participating in a criminal organisation, using false 
identities and removing children from legal custody. 

In  two  squalid  houses  used  by  the  persons  arrested,  six  children  were  found,  including  a 
heavily pregnant 14-year old and a baby. Four of these children had run away from youth care 
institutions  in  the  Netherlands.  All  six  children  were  eventually  brought  back  to  the 
Netherlands. The court appointed guardians for all the children and deprived their parents of 
their parental rights. Returning the children to Eastern Europe was considered too dangerous; 
it would risk them falling into the hands of the criminal network again. The children now all 
live  either  with  a  foster  family  or  in  a  youth  care  institution  and  are  going  to  school  (apart 
from  the  ones  that  are  too  young).  For  the  children’s  safety,  the  parents  have  not  been  told 
where they live. 

A Joint Investigation Team was set up with Austria and Bosnia- Herzegovina to investigate 
this  case  and  cooperation  also  took  place  with  Spain  and  Croatia.  The  Child  Care  and 
Protection Board, the Salvation Army, Fier, Nidos, the Royal Netherlands Marechaussee, the 
Immigration and Naturalisation Service, the Repatriation and Departure Service, the Expertise 
Centre  on  Trafficking  in  Human  Beings  and  People  Smuggling  and  the  Ministry  of  Justice 
and Security were involved in providing protection and care to the children and bringing them 
back to the Netherlands. 
It is encouraging to see the increase in joint operation and actions and Member States should 
continue  in  this  vain.  The  European  Commission  will  continue  providing  support  in  this 
respect in order to foster further cooperation.  

5.2.4. Cross border cooperation  
The 2017 Communication states that the Commission will continue to encourage the national 
authorities and EU agencies to address trafficking as a form of organised crime that does not 

94   Europol, 2017 Consolidated Annual Activity Report p. 42, available at 

https://www.europol.europa.eu/sites/default/files/documents/consolidated_annual_activity_report_2017.pdf  
Ibid. 

95  

42 

 
 
 
 
 
 
                                                           
 
stop at national or EU borders, and cooperate with non-EU countries. Closer cooperation will 
be  promoted  for  this  purpose,  comprising  capacity  building  between  national  authorities, 
including in non-EU countries, and will be carried out through appropriate networks and with 
the support of EU agencies. 

Member States stress  the  need to strengthen international  cooperation  and coordination 
between relevant intelligence, law enforcement, prosecutorial and judicial authorities in 
order  to  intensify  exchange  of  information  and  facilitate  conducting  of  investigations. 
The current challenges faced by many of the countries of origin render this cooperation more 
difficult  to  achieve,  even  if  legislative  or  operational  frameworks  are  in  place.  A  lack  of 
experience  in  cross-border  cooperation  has  been  noted,  which  could  result  in  offences 
committed outside the national territories not being investigated. Several national authorities 
have proceeded to either bilateral cooperation or other channels, such as Europol or Interpol.  

EU Policy cycle and the European Multidisciplinary Platform against Criminal Threats 
Across  this  staff  working  document,  references  are  made  to  the  EU  Policy  cycle  and  the 
European  Multidisciplinary  Platform  against  Criminal  Threats 
(hereinafter 
“EMPACT”), as the European Union efforts on law enforcement have put special focus on 
trafficking in human beings96. Following the establishment in 2010 of a multi-annual policy 
cycle  with  regard  to  serious  international  and  organised  crime,  trafficking  in  human  beings 
has been a priority in  all multi-annual policy cycles launched so far: 2011-2013, 2014-2017 
and  2018-2021.  Policy  priorities  are  adopted  by  the  Council  of  the  EU97  through  Council 
Conclusions, based on the Serious and Organised Crime Threat Assessment (SOCTA) and the 
recommendations of the Standing Committee on operational cooperation on internal security 
(COSI).  The  multi-annual  Policy  Cycle  aims  to  tackle  the  most  important  threats  posed  by 
organised and serious international crime to the EU in a coherent and methodological manner 
through  improving  and  strengthening  co-operation  between  the  relevant  services  of  the 
Member States, EU institutions and EU agencies as well as third countries and organisations, 
including  the  private  sector  where  relevant.98  The  Council  conclusions  provided  for  the  EU 
Policy Cycle for organised and serious international crime for the period 2018-2021 to fight 
against trafficking in human beings in the EU for all forms of exploitation, including sexual 
and labour exploitation, as well as all forms of child trafficking. 
Each of the priorities of the EU Policy Cycle are addressed in the framework of EMPACT99.  
EMPACT is an ad hoc management environment to develop activities in order to achieve pre 
-set goals. It is a structured multidisciplinary co -operation platform of the relevant Member 
States, EU institutions and agencies, as well as third countries, international organisations and 

96   For  more  one  this,  please  visit:  http://www.consilium.europa.eu/en/policies/eu-fight-against-organised-

crime-2018-2021.  

97   http://data.consilium.europa.eu/doc/document/ST-12095-2013-INIT/en/pdf,  and  Council  conclusions  on 
setting the EU’s priorities for the fight against organised and serious international crime between 2018 and 
2021, http://data.consilium.europa.eu/doc/document/ST-8654-2017-INIT/en/pdf  
 https://www.europol.europa.eu/crime-areas-and-trends/eu-policy-cycle-empact  

98 
99   EU Policy Cycle Terms of Reference, http://data.consilium.europa.eu/doc/document/ST-10544-2017-REV-
2/en/pdf    Following  the  adoption  of  priorities  by  the  Council  of  the  EU,  the  Commission  convenes  a 
meeting of representatives from Member States, the Justice and Home Affairs agencies and EU institutions 
to  draft  a  four-year  multi-annual  strategic  plan  (MASP)  (one  per  priority).  The  MASP  contains  a  list  of 
general objectives (‘strategic goals’) that should be achieved during the cycle. These MASPs are approved 
by the COSI. The MASPs are implemented by Operational Action Plans (OAPs), one per priority and per 
year. They are drafted by representatives of the participating Member States, EU institutions and agencies. 
These OAPS are approved by COSI.  

43 

 
 
 
 
                                                           
other  (public  and  private)  partners  to  address  prioritised  threats  of  organised  and  serious 
international crime.   

As  indicated  in  the  First  Progress  Report,  the  European  Commission  continues  to  work 
closely  with  EMPACT  Trafficking  in  Human  Beings  to  provide  for  synergies  between  the 
implementation  of  the  EU  legal  and  policy  framework  and  the  operational  work  of  law 
enforcement authorities, as well as to step up cooperation between civil society organisations 
and law enforcement authorities in the Member States. 

Cooperation agreements with non-EU countries to allow Eurojust to exchange personal data, 
as  well  as  the  appointment  of  liaison  magistrates,  including  in  EU  Member  States,  are 
mentioned  as  helpful  to  support  judicial  cooperation.  It  is  important  to  note  that  the 
compliance with EU data protection rules is a condition for such agreements to be envisaged.  

The Austrian Joint Operational Office against smuggling and human trafficking (JOO) 
In  order  to  strengthen  transnational  cooperation,  the  Joint  Operational  Office  against 
smuggling and human trafficking (JOO) of the Austrian Criminal Intelligence Service was set 
up  in  May  2016  within  the  framework  of  the  European  Multidisciplinary  Platform  against 
Criminal  Threats  (EMPACT-Illegal  Immigration).  It  has  a permanent  staff of 50 employees 
and receives EU funding from Europol. The JOO works as an operational focal point for the 
European Migrant Smuggling Centre (EMSC) of Europol and undertakes joint investigations 
with law enforcement authorities of other EU Member States and third countries. In its first 
year  of  operations,  it  took  part  in  23  international  investigations  and  9  Joint  Action  Days 
organized  by  Europol.  It  hosted  110  international  investigators  and  received  42  foreign 
delegations. Furthermore, the JOO held seven training workshops in the areas of trafficking in 
human beings and smuggling. 

Further, the Italian National Anti-Mafia Directorate has tried to develop Protocols to facilitate 
strategic  contacts  for  international  cooperation  by  encouraging  Italian  District  Prosecuting 
Offices to make great use of the instrument provided for in Article 34 of the Convention of 
the  Council  of  Europe  and  has  signed  Memoranda  and  Protocols  of  Understanding  with  a 
number  of  non-EU  countries,  such  as  Libya  and  Egypt.  Another  example  is  PL  that  has 
reported  on  concluding  bilateral  agreements  on  mutual  legal  assistance  in  criminal  matters 
with  Algeria,  Belarus,  Bosnia  and  Herzegovina,  Canada,  China,  Egypt,  Iraq,  Libya,  Serbia, 
the  USA,  Thailand,  Vietnam  and  the  former  Yugoslav  Republic  of  Macedonia.  UK  further 
reports having worked extensively with the Nigerian Trafficking Agency (NAPTIP) over the 
last few years. This includes training and mentoring a Joint Border Task Force (JBTF). The 
JBTF have met returning IOM flights and screened individuals, identifying over 100 potential 
victims of trafficking, debriefing and safeguarding them to prevent re-trafficking.  

Italy  further  points  out  that  investigations  fail  to  reach  the  heads  of  organised  criminal 
networks, residing abroad, and to seize the profits of the crime that are channelled to countries 
with which it is difficult to implement judicial cooperation. Therefore, often the lowest level 
of operatives in the chain are the ones punished. 

In  order  to  address  this  complex  crime  and  counter  the  culture  of  impunity,  following  the 
money  throughout  the  trafficking  chain  and  bringing  all  perpetrators  to  justice,  enhancing 
transnational law enforcement and judicial cooperation is of paramount importance.  

44 

 
 
 
 
 
 
 
 
 
5.2.5. Links of Trafficking in Human Beings with other crimes 
Similar to their reports for the Commission's first progress report, many Member States note 
that trafficking in human beings is linked to other crimes. Trafficking in human beings is a 
complex  phenomenon  and  a  serious  organised  crime.  As  traffickers’  modus  operandi  is 
constantly evolving, the EU needs to tackle the links between trafficking in human beings and 
multiple  other  crimes.100  Member  States  report  links  with  drug  trafficking,  document 
fraud,  currency  falsification,  falsification  in  general,  of  credit  cards,  crimes  against 
property,  migrant  smuggling,  arms  and  illegal  tobacco  trafficking.  As  mentioned 
previously, some  crimes might  also  be supporting offences for trafficking in human beings, 
such as document fraud. 

Italy  particularly  reports  that  drug  traffickers  can  use  the  same  routes  as  human  traffickers 
resorting  to  powerful  dinghies  or  luxurious  sailboats,  especially  during  the  summer  period. 
Therefore,  authorities  stress  the  need  for  a  multidisciplinary  approach  to  disrupt  the 
trafficking chain involving tax authorities, port authorities, maritime police, customs offices, 
and financial police.   

Eurojust101  final  evaluation  report  of  the  Action  Plan  on  trafficking  in  human  beings  2012-
2016 emphasizes that multiple crimes are frequently associated with trafficking in human 
beings,  including:  money  laundering,  forgery  of  administrative/official  documents,  drug 
trafficking; crimes against life, limb or personal freedom. Two associated crime types appear 
in every year of the action plan (2012-2015), except 2016: illegal immigration, and swindling 
and  fraud.  Terrorism  was  also  an  associated  crime  type  in  connection  to  two  trafficking  in 
human  beings  cases  that  were  registered  in  2015.  As  a  further  example,  with  respect  to 
criminal groups involved in counterfeiting, Europol102 reports indicate these groups are often 
poly-criminal  and  engage  in  other  crime  areas,  such  as  trafficking  in  human  beings  or  drug 
trafficking.  

The EU Action Plan on Drugs 2017-2020103 provides a strengthened response to the newly-
emerging health and security challenges in the area of illicit drug use and trafficking. While 
maintaining  and  updating  the  core  policy  areas  and  crosscutting  themes  of  the  overall  EU 
Drugs  Strategy,  the  new  Action  Plan  identifies  new  priority  areas  for  action,  including 
evidence  gathering  on  the  potential  connection  between  drug  trafficking  and  trafficking  in 
human beings. 

5.2.6. Special Investigative Techniques and Specific Competences 
Member States report that trafficking in human beings is considered a serious and organised 
crime,  which  enables  them  to  use  special  investigative  techniques,  such  as  undercover 
operations,  wiretapping,  electronic  surveillance,  delayed  execution  of  orders  and  warrants, 
monitoring of bank accounts, seizing assets, DNA exams, financial investigations, control of 
legal  correspondence,    control  of  the  content  of  transmitted  data,  intelligence  sharing  with 
countries  of  destination,  corruption  detection,  internet  traffic  interception  (such  as  BE,  EE, 

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

trafficking/sites/antitrafficking/files/20171204_communication_reporting_on_follow-
up_to_the_eu_strategy_towards_the_eradication_of_trafficking_in_human_beings.pdf  

101  http://www.eurojust.europa.eu/doclibrary/Eurojust-framework/Casework/Implementation  of  the  Eurojust 
Action  Plan  against  Trafficking  in  Human  Beings  2012-2016  -  Final  evaluation  report  (January 
2017)/2017-01-31-THB-2012-2016_EN.pdf. 
https://www.europol.europa.eu/publications-documents/2017-situation-report-counterfeiting-and-piracy-in-
european-union. 

102 

103   http://www.emcdda.europa.eu/system/files/attachments/5642/eu-action-plan%27-on-drugs-2017-2020.pdf. 
45 

 
 
 
 
 
 
                                                           
HR,  IE,  IT,  LT,  LV,  PT,  RO).  However,  it  should  be  noted  that  the  use  of  encryption 
technologies raises difficulties for investigative authorities. Europol databases are reported 
to be increasingly used for example by RO. Furthermore, in certain jurisdictions, such as FR 
and UK, authorities charged with labour controls are vested with specific competences related 
to trafficking in human beings.  

Central Office for the fight against Illegal Employment (L'Office central de lutte contre 
le travail illégal, ‘OCLTI’) in France 
OCLTI  is  based  within  the  French  Ministry  of  the  Interior  and  presents  a  comprehensive 
inter-ministerial approach on the fight against serious forms of labour exploitation, including 
trafficking  in  human  beings.  Part  of  its  mission  is  to  centralize  and  analyse  criminal 
intelligence  of  any  origin  in  order  to  identify  the  existence  of  organized  crime  networks  or 
nationwide fraud; to coordinate judicial police investigations by assisting and supporting the 
various  bodies  of  control  invested  in  the  fight  against  illegal  work  (gendarmerie  units  or 
police services), participate in judicial police operations, lead the most complex investigations 
into illegal work or social fraud and deliver training to investigators of  the gendarmerie, the 
national police and judicial police officers.104 

5.3. Awareness Raising and Training  
Member  States  have  reported  on  a  plethora  of  initiatives,  including  awareness  raising 
actions  (for  broader  public  and  more  targeted),  trainings,  legislative actions  and  other 
types  of  guidance.  It  should  be  recalled  that  measures  on  promoting  regular  training  for 
officials likely to come in contact with victims constitute legal obligation of Member States as 
per Art. 18 (3) of the Anti-Trafficking Directive.  

Member States have reported on various trainings and awareness raising for a wide range of 
actors  and  for  diverse  aims,  including  prevention,  improving  identification  and  enhance 
investigations and prosecutions, also with a focus on cross border cooperation, including 
for:  law  enforcement  (e.g.  AT,  BE,  CZ,  CY,  DE,  DK,  ES,  FR,  HU,  IE,  IT,  LV,  PL)  the 
prosecutors and judiciary (e.g. AT, BE, CZ, DE, ES, HU, FR, LV, PL), labour inspectors 
(for example, AT, FR), border guards, immigration and consular services  and diplomatic 
staff (e.g. CZ, DE, HU FR, LV, PL), asylum officers (e.g. BE), frontline professionals (e.g. 
IE) child social and welfare services (e.g. AT, CZ, HU, IE), health sector (e.g. AT, EL, ES), 
military,  including  deployed  in  non-EU  countries  (e.g.  IE).  Member  States  also  report 
cooperation with  civil  society organisations in  conducting these trainings.  In addition,  some 
referred  to  the  regular  opportunities  to  participate  in  seminars  organised  by  European 
institutions,  such  as  the  Academy  of  European  Law  (ERA)  and  European  Judicial  Training 
Network (EJTN) and on trainings held by Justice and Home Affairs agencies (e.g. CEPOL).  

2017 Communication Deliverables 
Workshops of the biannual meetings of the EU Civil Society Platform against trafficking in 
human  beings  have  been  dedicated  to  discussions  on  the  EU-wide  awareness-raising 
campaign on trafficking in human beings, targeting users, consumers, and vulnerable groups 
and high-risk sectors, in a view to promote exchanges of relevant experiences and encourage 
participation of all relevant actors at all levels. 

104   https://www.gendarmerie.interieur.gouv.fr/Notre-institution/Nos-composantes/Au-niveau-central/Les-

offices/Office-central-de-lutte-contre-le-travail-illegal-OCLTI. 

46 

 
 
 
 
 
 
 
                                                           
Support  continues  to  be  provided  to  projects  and  initiatives  addressing  appropriate  capacity 
building and trainings through EU funding instruments, as well as via close cooperation with 
relevant EU Agencies, including the European Union Agency for Law Enforcement Training 
(Cepol)105, as well as fostering exchanges with other relevant networks and actors such as the 
European  Judicial  Training  Network  or  the  Association  of  Law  Enforcement  Forensic 
Accountants  (ALEFA).  The  European  Commission/EU  Anti  trafficking  Coordinator  have 
participated  and  contributed  to  the  trainings  and  also  to  the  planning  of  judicial  trainings 
(EJTN)  in  line  with  the  priorities  of  the  2017  Communication,  the  evaluation  of  the  2011 
European Judicial Training Strategy106, and 2012-2016 EU Strategy.   

Civil  society underlines  the importance of capacity building, as well as  to appropriately 
train professionals, including in the judiciary.  

Some  reports  mention  information  campaigns  carried  out  in  specific  domains  (e.g.  DK, 
EE, EL, ES,  IE, IT, PL, PT), such as law enforcement authorities (e.g. ES, IE, PL), using a 
wide  range  of  tools,  such  as  radio  and  audio-visual  materials,  social  networks,  as  well  as 
awareness  raising  campaigns/exhibitions/conferences  targeting  specific  relevant  actors,  e.g. 
healthcare  professionals  to  improve  identification  (e.g.  BE,  EL,  ES)  or  specific  high  risk 
groups  to  inform  on  their  rights  (e.g.  BE,  DE,  PL,  PT)  or  on  vulnerable  groups,  such  as 
children (e.g. PL, PT), and in cooperation with (or carried out by) other relevant actors, such 
as academia and civil society (e.g. BE, DE, ES, IT, PL, PT), as well as schools (e.g. CY, EL, 
ES,  IT, PL), international organisations (e.g. PL). In implementing these initiatives Member 
States report cooperation or financing of civil society organisations (e,g. SI).  

While reports refer generally to awareness raising campaigns of broader focus, in some cases 
further information is given on specific initiatives concerning a specific form of exploitation, 
such  as  labour  exploitation  (e.g.  PL,  PT,  EL  also  report  doing  so  in  cooperation  with  the 
private  sector),  sexual  exploitation  (e.g.  ES,  IE),  forced  and  early  marriages  (e.g.  SI)  and 
guidelines  or  codes  of  conduct,  including  on  sexual  exploitation  of  children  in  the  tourism 
sector (e.g. PL).  

Some  reports    underline  that  components  of  the  campaigns  were  also  focussed  on  own 
nationals  at  high  risk  of  being  trafficked  (e.g.  PT,  PL),  or  otherwise  targeting  persons  at 
risk (Roma population) and migrant workers (e.g. SI).  

The European Employment Service (EURES) Network 
As  part  of  the  activities  of  international  mediation  in  employment  and  the  activities  of  the 
EURES107  network,  EURES  advisers  and  others  involved  in  EURES  in  the  Croatian 
Employment  Service  are  continuing  their  participation  in  a  number  of  activities  aimed  at 

105   See DG HOME/EU Anti-trafficking Coordinator trainings on trafficking in human beings in part 7.3.1. 
106   Communication from the Commission to the European Parliament and the Council on judicial training in 

the European Union, COM/2006/0356 final, https://eur-lex.europa.eu/legal-
content/EN/ALL/?uri=CELEX:52006DC0356. 

107   EURES is a cooperation network formed in 1994, comprising the European Commission and members and 
partners  in  EU  countries,  Norway,  Iceland,  Liechtenstein  and  Switzerland.  The  network  consists  of 
coordination offices (both European and national) and designated public employment services in each EU 
country, each with their own specific responsibilities. Other organisations, such as social partners, can join 
the  network.  The  main  goals  of  EURES  are  to:  1)  improve  transparency  and  information  on  job 
opportunities  as  well  as  living  and  working  conditions  across  borders,  2)  provide  assistance  for  job 
placements and recruitment across borders and 3) facilitate cooperation between its member organisations 
and with stakeholders.  

47 

 
 
 
 
 
 
 
                                                           
raising  awareness  on  trafficking  and  the  components  of  exploitation  of  labour,  in  order  to 
provide job seekers with timely and accurate information, on the risks associated with seeking 
employment beyond national borders. 

Member  States  have  also  reported  on  using  websites  and  social  networks  as  avenues  of 
communication (e.g. EE, ES, IT, IE, LU, PL).  

It should be recalled that art. 18 (2) of the Anti-Trafficking Directive sets forth an obligation 
for  Member  States  to  take  appropriate  action,  including  through  as  information  and 
awareness-raising  campaigns,  research  and  education  programmes,  where  appropriate  in 
cooperation with relevant civil society organisations and other stakeholders, aimed at raising 
awareness  and  reducing  the  risk  of  people,  especially  children,  becoming  victims  of 
trafficking in human beings.  

Some  initiatives  are  reported  to  target  demand  for  services  exacted  from  victims  of 
trafficking,  in  particular  awareness  raising  campaigns.  In  particular,  ES  reported  a 
campaign  on  initiative  of  the  Ministry  of  Health,  social  services  and  equality  and  the 
Government  delegation  on  gender  based  violence  focussed  on  highlighting  not  only  the 
consequences of normalising trafficking for the purpose of sexual exploitation with respect to 
the  challenges  in  identifying  the  victims,  but  also  on  clarifying  that  demand  for  services 
contributes perpetuating the crime. IE carried out an awareness raising campaign, using media 
and social networks, targeting men to encourage them to make a stand against trafficking for 
the  purpose  of  sexual  exploitation,  using  the  slogan  “We  don’t  buy  it”.  In  NL  for  the  past 
years, the Ministry of Justice and Security has financed campaigns run by M. (Report Crime 
Anonymously) to make the general public, but also people in prostitution, clients and social 
workers, aware of trafficking in human beings for sexual exploitation and to stimulate them to 
report  cases  of  exploitation.  According  to  NL,  the  successful  ‘Appearances  Deceive’ 
campaign was continued by another campaign on forced prostitution from June 2014 to April 
2015, resulting in 297 reports, of which 137 were about trafficking in human beings and 207 
about illegal prostitution. The total number of reports rose by 34% compared to the previous 
campaign.  Two-thirds  of  the  reports  substantially  contributed  to  criminal  investigations, 
meaning that they often concern information that is not known yet with the police. Twenty-
three (23) suspects were arrested based on the anonymous tips. In 2016, a new campaign on 
forced  prostitution,  with  a  focus  on  minors,  was  introduced  by  M.  From  February  until 
October 2016, 279 reports of coercion, exploitation and illegal prostitution were made. 

Greece reports to have embarked on large-scale campaigns to reduce demand for services or 
products  extracted  from  trafficking  victims.  In  this  context,  as  a  good  practice  of  effective 
collaboration  between  the  State  and  the  private  sector  to  prevent  is  the  public  awareness 
campaign  “BREAK  THE  CHAIN”  –  a  product  of  a  large  partnership  coordinated  by  the 
Office of the National Rapporteur, bringing together multiple stakeholders; most of them from 
the private and cultural sector.  

Limited information was shared on evaluations or assessing impact of such activities (e.g. IE 
and PT). For example, IE reports that the ‘Men and boys’ campaign demonstrated that even in 
a  short  period,  controversial  and  complex  issues  can  be  communicated,  understood  and 
supported by the public.  

48 

 
 
 
 
 
 
 
 
It  is  important  to  note  that  GRETA108  has  stressed  the  importance  of  impact  assessment  of 
awareness-raising  initiatives  in  order  to  evaluate  whether  knowledge  has  increased  and 
behaviour changed, and in order to plan future campaigns and other activities. 

Civil  society  submissions  point  to  the  lack  of  campaigns  or  educational  programmes 
aiming  at  discouraging  demand  for  sexual  exploitation,  the  need  for  action  to  address 
demand  especially  in  the  context  of  use  of  sexual  services  provided  by  child  victims  of 
trafficking, calling for awareness  raising campaigns targeting  clients.  Furthermore, they 
point  at  the  need  to  address  in  a  preventive  manner  gender  stereotypes  and  gender 
inequalities.  

5.4. Due diligence and responsibility of legal persons in the trafficking chain 
Member  States  report  on  measures  to  address  the  responsibility  of  legal  persons  in  the 
broader trafficking chain (e.g. BE, DE, ES, FI, FR, IT, NL, PL, PT). Generally cooperation 
with the private sector is mentioned by Member States reports (e.g. BE, EL, IE, IT, NL, PT, 
UK).  The  French  Act  of  27  March  2017  on  ‘the  duty  of  care  of  parent  companies  and 
companies’, now obliges companies, employing in-house or in their subsidiary at least 5 000 
employees  in  France  or  10  000  employees  in  the  world,  to  have  in  place  a  vigilance  plan, 
which is to be published and implemented. It will require companies to have better control of 
all risks associated with their subcontracting chain. 

BE and NL particularly note that companies are prosecuted and convicted for trafficking more 
often  than  before,  with  a  limited  number  of  convictions  though  so  far.  PT  reports  a  strong 
commitment in addressing the issue of due diligence in supply chains and in National Plan to 
Prevent and Combat Trafficking in Human Beings (2018-2021) a specific Strategic Objective 
is to be implemented with several measures connected with supply chains.  

The Prime Champ Case in the Netherlands 
On 10 November 2016, the Limburg District Court delivered a judgment in the case against 
the mushroom farm ‘Prime Champ Production B.V.’ for malpractices in the period from July 
2009  up  to  and  including  August  2012.  The  company  and  its  director  were  sentenced  for 
trafficking  in  human  beings  for  labour  exploitation  of  six  Polish mushroom  pickers  and  for 
forging pay slips and a part of the business records. The court also sentenced another financial 
manager and an ICT specialist hired by the company for forgery of documents. 

Due to the wording of the indictment, the court was only able to assess whether a small group 
of Prime Champ's Polish employees was exploited. The court imposed a custodial sentence of 
24 months on the director of  'Prime Champ', and a fine of € 75,000 on  the company Prime 
Champ  Production  B.V.  The  court  imposed  a  custodial  sentence  of  six  months  on  the 
financial  manager  and  100  hours  of  community  service  on  the  ICT  expert.  The  Public 
Prosecutor  had  argued  for  higher  sentences,  but  the  court  only  found  the  exploitation  of  a 
small group of Polish mushroom pickers proven beyond a reasonable doubt.  

Sweden  and  the  Netherlands  make  reference  to  EU  Public  Procurement  law  and  its  links 
with trafficking in human beings. NL reports on the Public Procurement Act, which entered 
into  force  on  1  April  2013  and  was  amended  on  1  July  2016,  providing  a  general  legal 
framework  for  public  procurement  regulations  and  implementing  the  European  public 

108   https://rm.coe.int/greta-2018-1-7gr-en/16807af20e. 

49 

 
 
 
 
 
 
 
 
                                                           
 
procurement  Directives,  109  as  well  as  of  the  of  the  Responsible  Business  Conduct  (RBC) 
system of the government of the Netherlands. The Framework on socially responsible public 
procurement determines that certain contractual obligations are obligatory in so-called at-risk 
sectors110. If a supplier from one of these at-risk sectors concludes a contract with the Dutch 
government,  they  are  obligated,  in  accordance  with  the  Organisation  for  Economic  Co-
operation and Development (OECD) Guidelines for Multinational Enterprises, to carry out a 
due  diligence  of  their  (international)  supply  chain  to  determine  whether  or  not  certain  risks 
manifest in their supply chain. If that is the case, suppliers are obligated to draw up a plan on 
how they will work to diminish those human rights violations. In this context, NL reports that 
on  11  September  2015,  the  government  published  an  Action  plan  for  Responsible  and 
Sustainable Procurement by governments 2015-2020111. It was drawn up by the Ministries of 
Infrastructure  and  the  Environment,  the  Interior  and  Kingdom  Relations,  Economic  Affairs, 
Social Affairs and Employment and Foreign Affairs. As part of this Action Plan, a Manifesto 
on  Responsible  and  Sustainable  Public  Procurement112  has  been  signed  by  more  than  100 
provinces, municipalities and district water boards. Socially responsible public procurement is 
one of the themes of this Manifesto. 

IT  reports  that,  among  measures  to  address  labour  exploitation,  a  Memorandum  of 
Understanding  with  the  Automobile  Club  of  Italy  (ACI)  was  signed  in  2015  by  the  former 
Directorate  General  for  Inspection  of  the  Ministry  of  Labour  and  Social  Policy,  currently 
National  Labour  Inspectorate.  It  enables  inspectors  to  verify  the  owner  of  the  means  of 
transport  by  consulting  registers,  to  enhance  identification  of  gang-masters.  Inspectors  have 
the  obligation  to  report  cases  of  trafficking  in  human  beings  to  the  competent  judicial 
authority.  

FI  reported  on  the  Nordic  Counter-Trafficking  for  Forced  Labour  Project  (Nordic  CTF 
project).  The  Government  has  initiated  under  the  Ministry  of  Social  Affairs  and  Health  a 
national project which is drafting -as a part of this Nordic CTF Project-guidance to businesses 
against such practices that may cause trafficking and other related discrimination of workers.  

DK  further  reports  on  the  Danish  Centre  against  Human  Trafficking  (CMM)  guidelines 
‘Managing  the  Risk  of  Hidden  Forced  Labour  –  A  Guide  for  Companies  and  Employers’, 
which serve as a quick guide for companies and employers risking to become associated with 

109   Directive 2014/24/EU on public procurement; Directive 2014/23/EU on the award of concession contracts;  
Directive  2014/25/EU  on  procurement  by  entities  operating  in  the  water,  energy,  transport  and  postal 
services  sectors;  Directive  2007/66/EC  amending  Directives  89/665/EEC  and  92/13/EEC  with  regard  to 
improving  the  effectiveness  of  review  procedures  concerning  the  award  of  public  contracts  (Public 
Contracts Review Procedures Directive). 

110   Following the Social Economic Council’s advice, the Netherlands government commissioned a study (by 
KPMG) to identify business  sectors in  which  supply chains potentially pose heightened risks in  terms of 
respect  for  human  rights  and  labour  rights  as  well  as  environmental  protection.  The  study  identified  13 
priority sectors. This list consists of a variety of sectors including the textile/garment industry, construction, 
metals and electronics, oil and gas, agriculture and the food industry. A broad range of risks were taken into 
account in the analysis including issues  such as child and forced labour, excessive  working  hours,  health 
hazards and land grabbing. Since then, the government is in dialogue with these business sectors and their 
stakeholders  in  the  Netherlands  with  the  aim  to  agree  on  how  to  reduce  potential  risks  in  their  supply 
chains, thereby giving concrete  effect to their corporate  responsibility, in line  with the OECD Guidelines 
and the UN General Principles. 

111   See  https://www.pianoo.nl/document/11858/action-plan-for-responsible-and-sustainable-procurement-by-

governments-2015-2020. 

112  See https://www.pianoo.nl/themas/maatschappelijk-verantwoord-inkopen-mvi-duurzaam-

inkopen/ontwikkelingenmvi/manifest-maatschappelijk-verantwoord-inkopen. 

50 

 
 
 
 
 
                                                           
forced labour. The guidelines have been prepared in consultation with a number of different 
stakeholders113  and  are  intended  as  an  awareness,  business  risk  management  and  practical 
prevention tool. The guide is a part of a double-edged strategy to combat and prevent forced 
labour by focusing both  on private sector mobilisation and self-regulation, as well as on the 
role of the authorities, inspection and regulation. 

UK  reports  that  the  transparency  in  supply  chains  provision  in  the  Modern  Slavery  Act 
of2015 requires large businesses to publish an annual statement setting out the steps they have 
taken to ensure that there is no modern slavery in their business and supply chains.  
DE among others makes reference to its G7 Presidency in 2015 and G20 Presidency in 2017, 
where it featured the issue of ‘promoting good work in the world through sustainable delivery 
chains’  on  the  agenda  and  on  which  very  concrete  measures  were  adopted.  During  the 
German OSCE Presidency an event took place to launch the project ‘prevent trade in supply 
chains through government practices’, which aimed to develop guidelines for governments to  
ensure the ethical procurement of public procurement.   

Non-financial Reporting 
Some  Member  States  report  on  the  EU  rules  on  disclosure  of  non-financial  and  diversity 
information by large companies (such as BE, DE, NL). Directive 2014/95/EU lays down the 
rules  on  disclosure  of  non-financial  and  diversity  information  by  large  companies.  This 
directive  amends  the  accounting  Directive  2013/34/EU.  Companies  are  required  to  include 
non-financial statements in their annual reports from 2018 onwards. EU rules on non-financial 
reporting only apply to large public-interest companies with more than 500 employees. This 
covers  approximately  6  000  large  companies  and  groups  across  the  EU.  Under  Directive 
2014/95/EU,  large  companies  have  to  publish  reports  on  the  policies  they  implement  in 
relation to environmental protection, social responsibility and treatment of employees, respect 
for human rights, anti-corruption and bribery, and diversity on company boards (in terms of 
age,  gender,  educational  and  professional  background).  Directive  2014/95/EU  gives 
companies  significant  flexibility  to  disclose  relevant  information  in  the  way  they  consider 
most  useful.  In  June  2017,  the  European  Commission  published  its  guidelines  to  help 
companies  disclose  environmental  and  social  information.  These  guidelines  are  not 
mandatory, and companies may decide to  use international,  European or national  guidelines 
according  to  their  own  characteristics  or  business  environment,  and  make  reference  to 
trafficking in human beings among others. 

6. ACCESS TO AND REALISATION OF RIGHTS FOR VICTIMS114 
The second targeted priority set forth in the 2017 Communication is ‘Provide better access to 
and  realise  the  rights  for  victims’.  While  a  comprehensive  framework  of  rights  for  the 
assistance,  support  and  protection  of  victims  is  in  place  by  EU  law,  obstacles  continue  to 
persist  in  the  realisation  of  such  rights.  The  Commission's  ‘Transposition  Report’115 

113   The  guidelines  have  been  developed  in  dialogue  with  a  range  of  stakeholders  including:  the  Agency  for 
Labour Market and Recruitment (STAR), the Working Environment Authority (AT), the Central Customs 
and  Tax  Administration  (SKAT),  the  Immigration  Services  (DIS),  National  Police,  the  Danish  Business 
Authority (ERST) and the United Federation of Danish Workers (3F). 

114   Statistics available for 2014, 2015 and 2016 are included in the study on the data collection published with 

this report. 

115   Report  from  the  European  Commission  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), COM(2016) 722 final. 
51 

 
 
 
 
 
                                                           
concluded  in  2016  that  national  authorities  have  made  substantial  efforts  to  enact  the  Anti-
trafficking  Directive  in  national  law,  but  there  is  still  significant  room  for  improvement, 
particularly  as  regards  protection  and  support  measures.  The  Transposition  report  refers  to 
specific  child  protection  measures,  presumption  of  childhood  and  child  age  assessment, 
protection  before  and  during  criminal  proceedings,  access  to  unconditional  assistance, 
compensation,  non-punishment,  assistance  and  support  to  the  family  member  of  a  child 
victim. The Commission is following up the findings of this report.  

It  should  be  noted  that  the  Anti-trafficking  Directive,  reinforces  most  provisions  of 
Directive 2004/81/EC on temporary residence permits to victims of trafficking in human 
beings as far as protection and assistance to victims is concerned. Member States inform 
of having adopted very few pieces of legislation that touched on the core issues of Directive 
2004/81/EC, since the last implementation report by the Commission in 2014116. When they 
did  so,  this  was  mostly  in  the  direction  of  strengthening  legal  certainty  for  victims  and 
improving  the  functioning  of  the  residence  permits  mechanism.  More  information  on  the 
application of this directive can be found in Annex I.  

6.1 Identification of Victims of Trafficking in Human Beings 
The Commission has reiterated on numerous occasions that victims must be treated as rights 
holders,  and  have  access  to  appropriate,  gender  specific  and  child  sensitive  assistance  and 
support. For this to happen, the key first step is that victims must be identified effectively and 
at an early stage.  

Changes in the way that traffickers operate and the shift to less visible forms of coercion, a 
certain degree of possibility for movement, less evident forms of intimidation, threats, and a 
shift towards psychological violence, abuse of victims' dependencies (e.g. AT, BG, CY, CZ, 
IT, RO, PT) constitute challenges in identifying victims of trafficking. Victims do not come 
forward  to  report  the  crime,  or  do  not  self-identify  as  victims  (e.g.  AT,  BG,  EL,  PT).  The 
length  of  the  procedure  varies  with  some  Member  States  reporting  progress  (e.g.  CY,  LT). 
Some  Member  States  reported  on  adopting  measures  to  improve  identification  (e.g.  IE,  LT, 
SI).  For  example,  LT  reports  that  the  introduction  of  the  ‘Recommendations  regarding 
identification  of  victims  of  trafficking,  criminal  investigations  and  interagency  cooperation’ 
and  relevant  trainings  resulted  in  clear  and  faster  procedures  of  identification  of  victims  of 
trafficking. 

In its country reports, GRETA117 has emphasised the need to adopt an inclusive approach and 
develop  formal  and  systematic  consultation  between  governmental  and  non-governmental 
actors involved in anti-trafficking action, further calling for involving specialised NGOs in a 
multiagency effort to identify and protect victims of trafficking. 

Despite  progress  made,  some  Member  States  report  that  the  level  of  awareness  among 
specialists of public and municipal institutions on identification of victims of trafficking still 
remains very low (e.g. LV). In this respect, the role of local authorities is highlighted. For 
example, the Ombudsman of the Republic of Latvia in  his conclusions of the research ‘The 
Role  of  Local  Governments’  Social  Services,  Orphan’s  and  Custody  Courts  and  Branch 
Offices of the State Employment Agency of Latvia in the Process of Identification of Victims 
of  Trafficking  in  Human  Beings’  published  on  29  March  2017  concludes  that  the  research 

116  COM(2014) 635. 
117   https://rm.coe.int/greta-2018-1-7gr-en/16807af20e  

52 

 
 
 
 
 
 
 
                                                           
data  confirms  that  not  all  institutions  are  equally  successful  in  mapping  the  institutions  that 
are part of the support system for victims of trafficking in human beings.  

‘Strengthening  the  Role  of  Municipalities  in  the  Work  against  Trafficking  in  Human 
Beings in the Baltic Sea Region’(STROM Projects) 
EE, LT and LV report on improved strategies for actions of municipalities to address, prevent 
and  fight  trafficking  in  human  beings  and  provide  support,  assistance  and  protection  to 
victims of trafficking in human beings, as well as raising of awareness of local stakeholders, 
facilitating  better  cooperation  and  coordination  between  municipalities  in  the  Baltic  Sea 
region  as long-term results of the STORM I project.  Experts and representatives from  other 
EU  Member  States  BE,  EL,  HU,  LU,  MT,  NL,  PT,  RO, SK,  SI  benefited  from  the  project. 
The project has developed a platform for strengthening the cooperation among local actors at 
the  national  and  regional  levels.  A  follow-up  project  STROM  II  ‘Strengthening  the  role  of 
municipalities  in  the  work  against  trafficking  in  human  beings’  which  is  the  joint  project 
between the Council of the Baltic Sea States (CBSS) and the Nordic Council of Ministers has 
been developed to implement the guidelines in depth in the municipalities in Latvia, Estonia, 
Lithuania and North-West of the Russian Federation.  

Limited information was furnished to the Commission on the evaluation or assessment 
of  measures  to  identify,  assist,  support  and  protect.  In  this  respect,  the  Finnish  National 
Rapporteur reported on  a study conducted with  the European institute for Crime Prevention 
and  Control,  affiliated  with  the  United  Nations  (HEUNI)  on  the  effectiveness  of  legislation 
that applies to assistance for victims of trafficking118. The objective of the study is to collect 
and analyse information on how the system of assistance now functions and how it could be 
developed. The study also aims to highlight the good practices, effective models and success 
stories related to  the identification and assistance of victims of trafficking in  municipalities. 
The research is multidisciplinary in nature, and it applies both jurisprudence and sociological 
methods of research. Funding for the project comes from the Finnish Government's analysis 
and  research  appropriations.  The  Rapporteur  has  recommended  the  Government  to  include 
trafficking  in  human  beings  in  the  agenda  of  gender  equality  and  violence  against  women. 
The Rapporteur has also recommended the Government to evaluate the impact of the action 
against trafficking in human beings from a gender perspective in order to improve the victim 
identification and referral to assistance.  

The level of threshold applied for the purposes of initial identification of victims varies 
across the EU. For example, IE reports to operate a very low threshold such that in certain 
cases, suspected victims enter the National Referral Mechanism immediately, and without an 
An Garda Síochána (AGS) interview, following referral from an NGO. Thus, in several cases, 
the decision by an NGO as a 'first responder' to refer a potential victim to AGS is sufficient as 
a form of assurance to AGS. 

Despite  the  challenges  noted,  Member  States  consider  that  progress  was  made  in  the 
identification  of  victims,  not  least  due  to  the  increased  cooperation  among  different 
authorities and sectors involved in country but also at a cross-border level (e.g. IE, PT).  

Member  States  report  facing  increased  challenges  in  identification,  such  as  victims  of 
trafficking for forced criminality, victims of trafficking for sexual exploitation in the context 

118  https://www.syrjinta.fi/documents/14490/0/The+report+of+the+Non-

Discrimination+Ombudsman+to+the+Parliament/9b16017c-b442-4805-8927-9f60f1d5c681  

53 

 
 
 
 
 
 
 
                                                           
of prostitution, especially when victims are given leeway to negotiate. Further challenges are 
also  highlighted  in  cases  where  identification  is  exclusively  under  the  competence  of  law 
enforcement authorities. 

Particular  challenges  arise  in  the  context  of  identification  of  victims  in  mixed  migration 
flows  and  international  protection  procedures  (e.g.    AT,  EL,  FI,  IT,  LU),  including  in 
cases where the victims have been exploited outside of the jurisdiction of a Member State.  

The  European  Border  and  Coast  Guard  Agency  emphasised119  that  ‘the  vital  role  of  border 
guards  in  the  fight  against  trafficking.  Border  guards  may  sometimes  represent  the  only 
opportunity  for  victims  to  get  support  and  protection  from  exploitation.  It  is  therefore 
paramount  that  border  guards  are  trained  and  properly  equipped  with  the  knowledge  and 
resources that enable a swift and early identification of potential victims upon arrival, so as to 
ensure that the right referral and protection mechanisms are activated, adequate treatment and 
assistance provided and the risks of trafficking and future exploitation mitigated. Children and 
women  represent  some  of  the  most  vulnerable  groups  and  their  protection  should  be  a  top 
priority in Europe’. 

Member  States  report  new  sets  of  indicators  and  guidance  particularly  for  these  issues,  in 
cooperation  with  international  organisations  and  the  civil  society  (e.g.  IT,  IE,  BE).  In  some 
cases the fact that upon arrival the exploitation might have not yet materialised is reported as 
a challenge to early identification (e.g. EL). EL reports that according to civil society in  the 
field of reception of migrants and asylum seekers the increase of unaccompanied male minors 
presumed victims of trafficking is concerning. Another concern expressed by these NGOs is 
the appearance of presumed victims of forced marriage among young girls.  

In  this  respect,  Italy  further  stressed  the  importance  of  facilitating  identification  through 
tailored  lists  of  indicators  differentiated  by  form  of  exploitation  and  emphasised  the 
importance of taking into account demand in the countries of destination, as a further tool to 
highlight  high-risk  groups  and  improve  identification,  including  in  the  context  of  mixed 
migration flows. 

Civil  society  report  that  effective  victim  protection  faces  difficulties  when  the  legal 
provisions on victim protection are in conflict with return procedures or the application 
of  the  Dublin  III  regulation,  which  determines  which  Member  State  is  responsible  for 
examining  an  asylum  application,  and  in  some  cases  Member  States  have  also  expressed 
concerns  on  victims  returned  to  the  first  Member  State  where  the  asylum  claim  had  been 
lodged due to the enforcement of the Dublin III regulation (e.g. AT, FI).   

Victims of trafficking are a particularly vulnerable group in the EU asylum acquis, and 
it  is  thus  of  paramount  importance  that  the  asylum  systems  communicate  with  national 
referral mechanisms for victims of trafficking.  

UN  WOMEN120Report  on  the  legal  rights  of  women  and  girl  asylum  seekers  in  the 
European Union  

119   https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf. 
120  http://eca.unwomen.org/en/digital-library/publications/2017/03/report-on-the-legal-rights-of-women-and-

girl-asylum-seekers-in-the-european-union.  

54 

 
 
 
 
 
 
 
 
 
                                                           
In March 2015, the National Court of Asylum Law in France (‘CNDA’) ruled that trafficking 
was  to  be  regarded  as  a  form  of  persecution  under  the  Refugee  Convention  and  under  the 
Qualification  Directive.  Whilst  the  outcome  is  to  be  applauded,  the  history  of  the  case 
demonstrates the difficulties victims of trafficking for sexual exploitation may face in respect 
of the implementation of their right to asylum. The case concerned a woman, AB, who, after 
the  death  of  several  family  members,  was  offered  a  job  in  Europe.  She  departed  from  Edo 
State,  Nigeria  after  being  subjected  to  a  ritual  ceremony  known  as  “juju”  used  to  mark  her 
allegiance to the trafficking network. Once in Paris, AB was forced into prostitution to pay off 
the  exorbitant  debt  she  accrued  to  her  trafficker.  However,  AB  subsequently  escaped  her 
pimps,  and  applied  for  asylum.  The  French  body  responsible  for  initial  asylum  decisions, 
OFRPA (Office Français de Protection des Réfugiés et Apatrides), rejected AB’s application 
for asylum. Upon appeal in 2011, the CNDA subsequently recognised AB as a refugee on the 
basis  of  a  social  group  defined  by  reference  to  victims  of  trafficking.  OFRPA  formed  an 
appeal  against  the  CNDA’s  decision.  Upon  hearing  the  appeal,  the  CNDA  recognised  that 
trafficking  is  a  form  of  persecution,  and  that  Nigerian  trafficking  victims  are  at  risk  of 
persecution  in  their  country  of  origin.  Applying  the  ‘social  perception’  test,  the  CNDA 
considered that the Refugee Convention ground of “membership of a particular social group” 
is recognised for Nigerian women from Edo State that are victims of trafficking. Having been 
subjected  to  “juju  rituals”,  and  having  escaped  the  operating  system  of  the  traffickers,  such 
women were thereby exposed to threats and shared ‘a common history’. 

Submissions  by  the  civil  society  highlight  the  inadequate  measures  on  issuing  residence 
permits  to  victims  of  trafficking  who  are  non-EU  nationals  and  granting  reflection 
periods.  In  this  respect,  civil  society  notes  that  Member  States  are  not  respecting  the 
obligation  to  proceed  to  an  identification  based  on  “reasonable-grounds  indication”. 
What is more, they note that excessive delays in the process of issuance create problems for 
the victims.   

6.1.1. National and Transnational Referral Mechanisms (NRMs and TRMs) 
Most  Member  States  report  on  having  set  up  either  formalised  or  non-formalised 
national  referral  mechanisms121.  In  some  cases,  ongoing  efforts  are  reported  to  improve 
functioning  and  effectiveness  (e.g.  LU,  PL,  PT),  including  with  respect  to:  specialised 
victims  support  services  for  children  (e.g.  PL);  revision  of  the  mechanism  (e.g.  IE,  UK); 
formal  procedures  guiding  service  provision  by  national  authorities  and  civil  society 
organisations  (e.g.  IE).  In  Lithuania,  additional  legal  tools  for  the  national  referral 
mechanism  were  introduced,  and  responsible  actors  were  trained  during  the  reporting 
period.  According  to  LT  report,  this  resulted  in  a  more  comprehensive  national  referral 
mechanism  and  more  sufficient  assistance,  support  and  protection  services  for  victims  of 
trafficking in Lithuania. 

Some Member States report on foreseen (e.g. AT, EL, FI), or recent adoption of a formalised 
NRM (e.g. IT, BG). AT reports having adopted in 2016 a NRM for child victims. The NRM 
aims  to  foster  the  identification  of  child  victims  and  provides  guidelines  for  the  support  of 

121   The Commission's first Progress Report and its accompanying Staff Working document have referred to the 
importance of early identification of victims of trafficking in human beings, which is reflected both in the 
Anti-Trafficking  Directive  and  the  EU  Strategy.  These  mechanisms  should  describe  procedures  to  better 
identify,  refer,  protect,  assist  and  support  victims,  and  include  all  relevant  authorities  and  civil  society 
organisations.    The  same  report  stated  that  according  to  the  information  available  to  the  European 
Commission,  over  half  of  the  Member  States  have  formalised  National  Referral  Mechanisms  (NRMs)  in 
order to coordinate the actors involved in identification, assistance, protection and reintegration. 

55 

 
 
 
 
  
                                                           
victims of child trafficking. Based on extensive practical experience gained over the years, in 
2017  a  general  NRM  has  been  developed  by  the  federal  Ministry  of  the  Interior,  which  is 
intended to be published at the beginning of 2018. Another example is BG, where the Council 
of  Ministers  adopted,  by  a  decision  of  20  June  2016,  the  National  Referral  Mechanism  for 
Support of Trafficked Persons122 (NRM), regulating the steps and procedures to be followed 
with  a  view  to  rendering  immediate  and  adequate  assistance  and  support  to  victims  of 
trafficking.  In  addition,  the  NRM  outlines  an  algorithm  of  timely  and  comprehensive 
interagency communication and coordination. The BG National Anti-Trafficking Commission 
is  the  coordinating  body  under  the  NRM.  Furthermore,  IT  reported  that  a  national  referral 
mechanism  has  been  introduced  for  victims  of  trafficking,  with  Standard  Operating 
Procedures (SOP) to ensure full “step-by-step” assistance.  

IE reports that the Irish government has recognised the need for a fundamental re-examination 
of  the  victim  identification  process  and  the  role  to  be  played  in  that  process  by  all 
stakeholders  including  non-governmental  organisations.  A  comprehensive  review  of  the 
victim identification process was instigated by the Anti-Human Trafficking Unit in 2016 and 
an  enhanced  process  is  currently  being  developed  within  the  framework  of  the  Second 
National Action Plan.  

Civil  society  highlights  persistent  shortcomings  in  the  functioning  of  national  referral 
mechanisms,  in  particular  on  the  need  to  ensure  a  multidisciplinary  approach  and 
involvement  of  civil  society  as  relevant,  appropriate  trainings  and  capacity  building  for  all 
relevant  actors  involved,  ensuring  equal  implementation  of  the  mechanism  in  the  whole 
national  territory,  envisage  specific  protection  measures  for  child  victims,  include  a 
mechanism for reviewing negative decisions. In some cases, where such mechanisms are not 
yet  in  place,  civil  society  stresses  the  crucial  need  to  formalize  procedures  and  adopt  clear 
guidelines for all relevant actors. Positive experiences are also shared in some contributions. 

for  Guidance 

in  Designing  and  Evaluating  Counter-Trafficking 

A  Toolkit 
Programmes123 
This  toolkit  developed  by  the  United  Nations  Inter-Agency  Coordination  Group  against 
Trafficking in Persons (ICAT) provides an accessible and easily employable set of tools that 
practitioners  can  use  to  put  sectoral  learning  to  work  and  improve  their  counter-trafficking 
programmes. These tools are intended to help strengthen programme design, inform planning 
for evaluation, and engender formative and summative learning. It is hoped that the wide use 
of  such  tools  will  lead  to  more  effective  programmes  that,  together  with  their  evaluation, 
would contribute to further building the evidence base of “what works” to respond effectively 
to trafficking in persons. 
Part  I  provides  an  overall  starting  point  for  the  design  of  counter-trafficking  interventions, 
outlining a series of questions to help map the specifics of individual trafficking patterns and 
identify the most appropriate set of responses. 
Part II elaborates on seven types of counter-trafficking activities coupled with discussion on 
lessons learnt and indicators.  

122   The  National  Mechanism  for  Referral  and  Support  of  Trafficked  persons  in  Bulgaria is  developed  within 
the  framework of a project funded by MATRA programme of the Dutch Ministry of Foreign Affairs and 
implemented  by  Animus  Association  Foundation  and  La  Strada  International  in  partnership  with  the 
Bulgarian National Commission for Combating Trafficking in Human Beings and its administration, in the 
period from 2008 to 2010.  The draft NRM was endorsed at a meeting of the NCCTHB on 23 November 
2010. 

123   http://icat.network/sites/default/files/publications/documents/16-10273_ICAT_toolkit.pdf. 

56 

 
 
 
 
 
                                                           
2017 Communication Deliverables 
The  2017  Communication  notes  that  inadequate  access  to  information  about  victims’ 
rights  and  ineffective  referral  mechanisms  at  national  and  transnational  level,  coupled 
with failure to identify all those who fall victim to trafficking (including those in mixed 
migration  flows)  continue  to  prevent  victims  of  trafficking  from  actually  accessing  the 
rights they are entitled to. For this reason, the functioning of the NRMs and TRMs will be 
looked at in the coming period as a key action under the 2017 Communication. In this respect, 
a  study  on  reviewing  the  functioning  of  Member  States’  national  and  transnational 
referral mechanisms was launched124. Further, the EU Civil Society Platform meeting on 28-
29  May  2018  included  a  workshop  dedicated  to  sharing  experiences  and  views  to  address 
challenges in national and transnational referral mechanisms and improve their functioning. 

6.1.2. Transnational cooperation 
Member States report on increasing transnational cooperation, including for cases of safe 
return  and  reintegration.  Member  States  report  cooperation  with  other  EU  and  non-EU 
countries,  neighbouring  countries,  international  organisations  and  civil  society.  Procedures 
take time but Member States acknowledge improvements through cooperation and networks 
established over time. Member States highlight the role of European Commission funding in 
this  respect.  The  Study  on  the  Comprehensive  policy  review  of  EC  funded  anti-trafficking 
projects  (2016)125  has  analysed  European  Commission  funding  during  the  period  of  2004-
2015  with  regard  to  national  and  transnational  referral  mechanisms  and  concluded  that 
European  Commission  funding  contributed  to  the  functioning  of  NRMs  and  TRMs,  but 
pointed to the need for further developments.  

Transnational  Referral  Mechanism  Model  by  the  International  Organisation  of 
Migration 
As a deliverable of the EU Strategy (Priority A: Identifying, protecting and assisting victims 
of  trafficking,  Action  1:  Establishment  of  National  and  Transnational  Referral  Mechanisms 
(NREMs  and  TRMs),  IOM  launched  an  online  platform  featuring  a  Transnational  Referral 
Mechanism  Model  –  TRM126,  an  outcome  of  the  EU-funded  Transnational  Action  (TACT) 
project. The tool contributes to ensuring victims’ access to rights throughout the process, and 
especially  in  a  situation  of  cross-border  referral,  linking  up  experts  and  professionals  from 
different countries involved in the identification, referral, assistance, return, and monitoring of 
assistance  to  victims  of  trafficking.  It  defines  the  roles  of  each  stakeholder  participating  in 
national referral mechanisms (NRM) and serves as a platform to inform and connect counter-
trafficking practitioners in countries of origin and countries of destination.  

Referral and assistance for victims of trafficking in Europe 
‘Referral of and assistance for victims of human trafficking in Europe’ (RAVOT-EUR127) was 
co-financed  by  the  European  Commission  under  the  Programme  ‘Prevention  of  and  Fight 
against  Crime’.  The  project  was  implemented  during  the  period  of  1  February  2014  -  31 
January 2016.  The project  aimed to  develop  a transnational referral  mechanism among HU, 

124   Tender available at: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3932 
125   https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/study_on_comprehensive_policy_review.pdf. 
126   http://www.iomfrance.org/tact/. 
127   For  more  details,  please  refer  to:  https://ec.europa.eu/anti-trafficking/eu-projects/ravot-eur-%E2%80%93-

referral-and-assistance-victims-human-trafficking-europe_en. 

57 

 
 
 
 
 
 
                                                           
 
BE and NL, which would contribute to the assistance and safe return and referral of victims of 
trafficking  related  to  sexual  and  labour  exploitation  and  facilitate  transnational  networking 
and  trust  building  among  professionals.  The  project  also  aimed  at  developing  a  better 
understanding and trust between non-governmental organisations and the relevant authorities 
in the field of trafficking. As part of this project a manual has been developed that describes 
what kind of support exists for victims of trafficking in human beings in the three countries. A 
website  has  been  built  in  which  the  different  national  referral  mechanisms  of  the  three 
countries are shown in a flowchart. An interactive map can be found on the website on which 
the  relevant  organisations  are  represented  in  the  three  countries.  See:  http://www.ravot-
eur.eu/. The website is  designed  as a resource manual  for social  workers, legal  experts, law 
enforcement  authorities,  victim  support  services,  civil  servants  and  other  service  providers 
active in the fight against trafficking.  

Sweden,  furthermore,  reports  on  the  appointment  of  an  anti-trafficking  ambassador  in  May 
2016. The objective is that the ambassador will strengthen Sweden's international profile as a 
human rights defender. At the same time, the mandate serves as an important instrument for 
concrete  measures  to  improve  the  effectiveness  of  international  efforts  and  cooperation. 
Through the ambassador's work, Sweden will also work to ensure that particular attention is 
paid to the gender equality perspective in international efforts to combat trafficking in human 
beings.  The  ambassador  aims  to  facilitate  dialogue  between  various  governments,  national 
agencies and international  organisations on issues focusing on the prevention of trafficking, 
the  protection  of  its  victims  and  on  the  prosecution  of  perpetrators.  The  appointment  of  an 
ambassador  will also  contribute to  increased knowledge and quality in  the work of relevant 
Swedish government agencies.  

6.2. Assistance and protection of victims of trafficking  
Member States have reported on assistance, support and protection of victims. However, some 
issues persist as to the unconditional and effective access of victims to these rights. Some 
reports  indicate  recent  initiatives,  measures  and  proposals,  including  legislative,  to 
improve  assistance  and  support  for  victims  (e.g.  BE,  BG,  DE,  EE,  ES,  FR),  including 
particular aspects, such as the use of modern technology to avoid secondary victimisation in 
criminal proceedings (e.g. CZ, PT).   

While most Member States report on having established shelters for victims and appropriate 
accommodation,  civil  society  remains  critical  on  the  accessibility,  availability,  and 
appropriateness  (with  respect  to  gender,  age  and  consequences  of  the  form  of  exploitation 
victims have been subjected to) of such accommodation. The Danish Centre against Human 
Trafficking notes that a vast proportion of Nigerian women being arrested in raids, identified 
and referred to  support, refuse support and assistance or abscond from shelters often after a 
very short period.  

FI reports that in 2014, the Non-Discrimination Ombudsman (previously the Ombudsman for 
Minorities) who acts as the National Rapporteur on Trafficking in Human Beings submitted a 
report to the Parliament drawing attention to the disparity between the number of applicants 
and the number of accepted clients in the assistance system.  

Accommodation for male victims is mentioned in few reports (for example AT, PT, SE). 
PT reported that the shelter and protection centre for male sex trafficking victims, managed by 
Saúde Português, has, together with Agência para a Prevenção do Trauma e da Violação dos 
Direitos Humanos and Centro de Prevenção e Tratamento do Trauma Psicogénico do Centro 

58 

 
 
 
 
 
 
 
Hospitalar e Universitário de Coimbra, established protocols that allow psychological and/or 
psychiatric  support  in  order  to  prevent  further  secondary  victimisation  and  increase  of  the 
trauma.  AT  reports  that  MEN  VIA,  which  was  the  first  victim  protection  service  assisting 
trafficked  men  in  Austria,  had  to  close  down  its  shelter  service  in  December  2017  due  to 
budgetary restrictions. Relevant state authorities are currently looking for new funding models 
to  further  sustain  its  shelter  programme.  According  to  AT,  MEN  VIA  has  become  a  well-
known  institution  for  male  victims  of  trafficking  in  human  beings.  A  wide  range  of 
organizations, not only the police, now refers potential victims to MEN VIA. MEN VIA had 
so far assisted 107 men in total, 36 received support during legal proceedings. 

Cooperation  with  the  private  sector  for  assistance  and  support  to  victims  is  also 
mentioned. For example, EL reports that  a known chain of supermarkets runs a programme 
for survivors of trafficking that consists of training them either to be employed by the firm, or 
by other enterprises. Another practice reported by EL is the Social Fashion Factory (SOFFA). 
SOFFA  is  the  Sustainable  Fashion  Factory  that  provides  work  integration  to  trafficked 
survivors and refugees. 

Civil society concerns on victims 
Civil society express concern over the lack of a transitional period after official assistance 
and support measures  provided by the state are terminated. Furthermore, they note that 
assistance and support is often closely linked to the outcome of the criminal process and that 
the excessive length of such process poses challenges for the victims and renders them even 
more vulnerable. It is further highlighted that outcomes of a wide range of relevant processes, 
including  judicial  proceedings,  are  not  consistent  throughout  the  national  territory. 
Furthermore, civil society reports the lack of psychological assistance to victims.  
Civil society further stresses significant challenges in ensuring the realisation of the rights 
of  victims  with  respect  to  protection  during  criminal  proceedings,  including  limited 
provision  of  counselling,  information  and  free  legal  aid,  as  well  as  complexity  of 
procedures, and limited support and protection offered to the victim. Some contributions 
indicate the role played by civil society organisation in these areas, both with respect to legal 
aid and counselling, as well as support throughout the process. 

6.2.1. Assistance and protection of child victims 
Children,  both  EU  and  non-EU  nationals,  are  particularly  vulnerable  to  trafficking  in 
human  beings,  and  their  identification  and  access  to  rights  remain  challenges.  As 
previously  recalled,  the  Transposition  Report  published  by  the  Commission  indicated  that, 
despite the efforts of the Member States in transposing the provisions of the Anti-trafficking 
Directive,  there  still  remains  significant  room  for  improvement,  in  particular  regarding 
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. 

GRETA128  also  called  on  the  national  authorities  of  States  Parties  to  ensure  a  protective 
environment for children in street situations and unaccompanied or separated children, and to 
strengthen  the  capacity  and  resources  of  child  protection  professionals  to  prevent  child 
trafficking for all forms of exploitation.  

128   https://rm.coe.int/greta-2018-1-7gr-en/16807af20e. 

59 

 
 
 
 
 
 
                                                           
Many Member States address the particular vulnerability of children to trafficking, and report 
on initiatives and measures for their assistance and protection. Reports by the Member States 
mention  specific  procedures  in  place  to  address  child  trafficking,  including  with  respect  to 
existing specific legislation (e.g.  BE,  IT) as well as special procedures with  respect  to  child 
trafficking,  also  in  mixed  migration  flows.  In  Austria,  in  October  2016,  the  Task  Force 
Working  Group  on  Child  Trafficking  developed  a  national  referral  mechanism  (NRM)  for 
victims  of  child  trafficking.  The  NRM  aims  to  foster  the  identification  of  child  victims  and 
provides  guidelines  for  their  support.  Further,  in  2014–2016  in  Lithuania,  the  State  Child 
Rights  Protection  and  Adoption  Service,  under  the  Ministry  of  Social  Security  and  Labour, 
adopted or improved legal acts on handling cases of children in risk situations, including cases 
of child victims of trafficking.  

Some  reports  mention  comprehensive  protection  systems  for  child  victims,  such  as 
multidisciplinary  assessments  overseen  by  a  social  worker,  and  involving  medical, 
psychological,  and  educational  services  (e.g.  IE);  specific  procedures  in  place  to  improve 
identification of child victims, and assessments of risks (e.g. NL, PL, PT); specific protection 
measures for children at risk (e.g. CZ, PT); early warning systems for missing children (e.g. 
PL); protection in criminal proceedings (e.g. MT). 

Furthermore,  some  reports  (e.g.  FI)  express  concern  in  limited  consideration  of  the  child’s 
individual situation and risks of re-trafficking in assessing the best interests of the child (e.g. 
FI). Concerns on the disappearance of unaccompanied minors (e.g. LU), and on the need of 
comprehensive  and  integrated  approach  for  non-EU  unaccompanied  minors  (e.g.  BG)  were 
also  reported.  Other  Member  States  stress  the  need  for  appropriate  and  specialised 
accommodation for child victims, (e.g. PT). As an example, MT and EE report having set up a 
'Barnahaus'  (Children's  House),  based  on  the  Nordic  system,  where  children  can  be 
interviewed by the judiciary and other professionals in an appropriate environment.  

Civil Society addresses the assistance and protection of child victims 
In their contributions, civil society organisations shared practices based on their experiences 
on the ground, regarding, amongst others: cooperation between civil society organisations and 
national  authorities,  including  law  enforcement;  specific  measures  adopted  by  civil  society 
working with child victims to limit the child's external contact; and organisation of education 
activities. Civil society stresses the need to focus on ensuring appropriate expertise, trainings 
and capacity building for all relevant actors, including guardians, social and health workers. 
Concerns  were  highlighted  with  respect  to  the  protection  of  victims'  children,  including  on 
addressing  the  specific  psychological  consequences  suffered,  stressing  that,  based  on  their 
experience,  a  high  number  of  assisted  women  victims  have  children.  There  is  limited 
information in national reports on children of victims, but IE reports that access to education 
for dependent children is provided.   

While  highlighting  some  progress  with  respect  to  guardianship  for  child  victims  without 
parental  care,  civil  society  notes  deficiencies  in  processes  and  implementation,  and  stresses 
the need for systematic integration of the role of guardians in procedures for child victims. 

GRETA129  notes  that,  in  most  countries,  legislation  provides  for  the  appointment  of  legal 
guardians  to  child  victims  of  trafficking,  but  the  procedure  is  cumbersome  and  there  are 

129   https://rm.coe.int/1680706a42. 

60 

 
 
 
 
 
 
 
 
                                                           
delays  in  the  appointment  of  guardians,  who  often  cannot  be  considered  independent  and 
acting in the best interest of the child. 

The  context  of  migration  has  further  exacerbated  children’s  vulnerabilities,  and  the 
European  Border  and  Coast  Guard  Agency130  stressed  challenges  particularly  where  the 
centres  lack  adequate  conditions  (i.e.  weak  or  non-existent  protective  structures),  or  the 
children  share  overcrowded  facilities,  with  adults  not  related  or  unknown  to  them.  The 
European Migration Network131 reported that about a third of the Member States have specific 
facilities  catering  to  the  needs  of  child  victims  of  trafficking.  On  this,  as  an  example,  IT 
reports  on  the  set  up  of  dedicated  first  reception  centres  for  unaccompanied  children,  to 
prevent absconding, as well as contacts and/or recruitment by criminal networks. 

In  the  same  report,  the  European  Migration  Network  indicates  that,  in  Member  States, 
disappearances  linked  to  instances  of  trafficking  in  human  beings  are  underreported,  and 
indeed the European Border and Coast Guard Agency132 further notes that traffickers operate 
outside  reception  centres,  picking  up  their  victims  upon  arrival.  This  phenomenon  is 
particularly prevalent in the trafficking of Nigerian girls, who frequently claim to be older at 
arrival,  and  are  accommodated  in  open  reception  centres  alongside  other  migrants,  from 
where  it  is  easier  to  escape.  Further  details  are  highlighted  in  EASO133  publications, 
highlighting  that  (children  claiming  to  be  adults)  could  be  instructed  by  relatives  or 
accompanying  adults  who  want  to  prevent  separation,  or  by  a  member  of  the  trafficking 
network who wants to keep control over and have easy access to the children during their stay 
in  the  territory.  Therefore  it  is  very  important  to  keep  in  mind  that  a  doubtful  claim  of 
adulthood  may  be  an  indicator  that  the  applicant  is  a  potential  victim  of  trafficking,  and 
authorities  should  act  accordingly  (flagging  and  referring  to  relevant  national  services, 
including possible assessment as a victim of trafficking). 

The Commission has made recommendations to the EU Member States for strengthening the 
protection of migrant children134, which were endorsed by the European Council135 and by the 
European  Parliament136.  The  Communication  on  the  protection  of  children  in  migration 
adopted in April 2017 includes actions for the EU and recommendations for actions for 
EU Member States to protect children on the move. Further, in 2017, the Council of the 
European Union adopted the revised ‘EU Guidelines for the Promotion and Protection 
of the Rights of the Child – Leave No Child Behind’137. These guidelines set out the overall 
EU  strategy  on  the  rights  of  the  child  in  external  action.  The  guidelines  propose  concrete 
actions,  such as  the support to  partner  countries in  order to adopt  a national  strategy on the 
rights of the child, based on a child-rights analysis of the situation of children in a country.  

The Role of the Information Technology Systems in Tracing Missing Children 

130   https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf. 
131  https://ec.europa.eu/home-

affairs/sites/homeaffairs/files/00_eu_synthesis_report_unaccompanied_minors_2017_en.pdf. 

132  https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf. 
133   https://www.easo.europa.eu/sites/default/files/easo-practical-guide-on-age-assesment-v3-2018.pdf. 
134   Communication on the protection of children in migration, COM(2017) 211 final of 12.4.2017. 
135   10085/17, http://data.consilium.europa.eu/doc/document/ST-10085-2017-INIT/en/pdf . 
136   See  European  Parliament  resolution  of  3  May  2018  on  the  protection  of  children  in  migration 
(2018/2666(RSP))  at  http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-
2018-0201+0+DOC+XML+V0//EN. 

137   https://eeas.europa.eu/sites/eeas/files/eu_guidelines_rights_of_child_2017.pdf . 

61 

 
 
 
 
 
 
                                                           
The EU Agency for Fundamental Rights Agency (FRA) published a report focussing on the 
role  of  IT  systems  with  respect  to  tracing  missing  children138  ‘IT  systems  could  help  trace 
missing  children  and  prevent  child  abductions.  According  to  desk  research  undertaken  by 
FRA in 2015, most Member States systematically create SIS II alerts if a child is reported as 
missing,  but  reception  centres  do  not  necessarily  report  this  fact  to  the  police.  The  reasons 
why children avoid being registered or go missing, are multiple; including, for example, lack 
of  trust  in  family  reunification  under  the  Dublin  regulation;  fear  of  being  prevented  from 
reaching their intended destinations; and lengthy processing times for their applications. Some 
of  those  missing  may  be  subject  to  abuse  and  exploitation,  including  trafficking  in  human 
beings.  The  prevailing  opinion  among  officers  and  experts  interviewed  in  the  field  research 
was  that  the  use  of  biometrics  and  other  data  stored  in  databases  could  contribute  to  better 
tracing missing and abducted children. According to most border guards surveyed, when it is 
discovered that a child is registered as missing in SIS II, that child is always sent for a second 
line  check  at  the  border.  (…)  To  improve  possibilities  to  detect  missing  children,  some  of 
them possibly victims of human trafficking, systematic recording of missing children in SIS II 
could  be  further  interlinked  with  changes  in  other  systems.  In  this  context,  synergies  with 
Eurodac  could  be  considered  also  given  the  planned  reduction  of  the  age  of  children  to  be 
included  in  the  system.  For  example,  once  a  child  is  reported  as  missing,  interoperability 
between Eurodac and SIS II could make the child’s data from Eurodac available to authorities 
responsible  for  the  prevention,  detection  and  investigation  of  trafficking.  This  could  be 
combined  with  a  specifically  defined  child  protection  objective  that  would  be  added  to  the 
Eurodac Regulation to ensure that such access would be in line with the principle of purpose 
limitation, without unduly extending the availability of the data of all children’. 

EU legislation on the visa application procedure for  short-stay visas exempts children under 
the  age  of  12  from  providing  fingerprints.  In  May  2018,  the  Commission  published  a 
Proposal139  accompanied  by  an  Impact  Assessment140  that  took  into  account,  amongst  other 
things,  the  risks  of  irregular  migration  and  visa  fraud,  in  particular  trafficking  in  human 
beings and other abuse involving children under 12 years old, when applying for a visa. The 
proposal  includes  lowering  the  fingerprinting  age  for  child  applicants  from  12  years  to  6 
years,  to  allow  officials  to  verify  a  child’s  identity  in  the  visa  application  procedure,  and 
enable  checks when  crossing an external  border.  The measure would better protect  children 
while keeping the child’s best interests at the forefront. Additional safeguards are introduced 
in order to ensure that the best interest of the child is preserved throughout the visa processing 
procedure, and in any subsequent use of children’s data.  

2017 Communication deliverables 
The Commission's Call for proposals for Union Grants of the AMIF priority on trafficking in 
human  beings  in  2017  and  2018  recommended  taking  into  account  gender  specificity  and 
child sensitivity. Horizon 2020 Work Programme 2018-2020 on "Secure societies- Protecting 
freedom  and  security  of  Europe  and  its  citizens"  Sub-topic  1  (2018)  includes  trafficking  in 
human beings under ‘New methods to prevent, investigate and mitigate trafficking of human 
beings and child sexual exploitation – and on the protection of victims’.   

138   http://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-biometrics-fundamental-rights-eu_en.pdf. 
139   https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2018%3A302%3AFIN. 
140  https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-

security/20180516_cswd-regulation-proposal-european-parliament-council_en.pdf.  

62 

 
 
 
 
 
                                                           
6.3. Cooperation with civil society and other actors  
Numerous  Member  State  reports  (e.g.  BE,  BG,  CZ,  DE  EL,  ES,  FI,  FR,  IE,  IT,  LU,  PL) 
mention  cooperation  with  the  civil  society,  especially  in  the  context  of  identification, 
assistance and protection. Some reports indicate working groups/platforms at national level 
in which NGOs participate (e.g. IT, ES). For example, ES reports that following the National 
Rapporteur’s  appointment,  a  mechanism  was  created  for  permanent,  periodic  contacts  with 
specialised  civil  society  organisations  and  entities.  Thanks  to  this  collaboration  mechanism, 
since  2014  there  have  been  fourteen  meetings  with  representatives  of  the  Spanish  Anti-
Human  Trafficking  Network  that  brings  together  the  main  national  and  international 
organisations working in the field of trafficking in Spain. PL reports a strong emphasis of the 
national action plan on cooperation with NGOs, with several NGOs participating to the Inter-
ministerial Committee on Fighting Against and Preventing Trafficking in Human Beings, an 
advisory  body  to  the  Prime  Minister.  IE  mentions  the  key  role  of  NGOs  in  assistance  and 
protection of victims. FI mentions the role played by civil society organisations in the context 
of  a  network  on  initiative  of  the  national  anti-trafficking  coordinator  on  the  drafting  of  the 
national action plan, as well as with respect to the provision of assistance to victims through 
projects.  DE  reports  on  cooperation  in  drafting  an  action  plan  for  civil  society  and  law 
enforcement cooperation for assistance and protection of child victims. Submissions by civil 
society  acknowledge  cooperation  with  state  authorities,  and  make  reference  to  positive 
examples of cooperation.  

Instances of cooperation with national authorities are also highlighted in contributions by civil 
society  with  respect  to  involvement  in  specific  working  groups  and  fora,  including 
experiences  on  social  rehabilitation  of  victims,  provision  of  support  by  service  providers, 
identification of victims and data collection, study visits, provision of information to victims.  

At the same time, civil society also reports that efforts to enhance cooperation across a wide 
range of actors at national level are still a challenge, and often left to individual initiatives of 
specific  actors,  and  stresses  the  need  to  formalise  procedures  to  facilitate,  promote  and 
enhance  information  exchanges  across  all  actors  involved,  including  to  address  specific 
challenges that might arise with respect to child victims.  

6.4. Compensation to victims  
The  Commission's  ‘Transposition  Report’  concluded  in  2016  that  national  authorities  have 
made substantial efforts to transpose the Anti-trafficking Directive in national law, but there is 
still  significant  room  for  improvement,  particularly  as  regards  protection  and  support 
measures, including compensation to victims.  

Some  Member  States  report  that  victims  were  receiving  compensation,  but  most 
contributions  refer  to  challenges.  AT  points  out  that  although  the  legal  framework  for 
freezing,  seizure  and  confiscation  of  proceeds  of  crime  has  been  improved,  effective 
compensation  of  victims  of  trafficking  remains  low.  BG  reported  on  Amending  and 
Supplementing the Act on Assistance and Financial Compensation for Crime Victims related 
to  the  provisions  of  EU  Directive  2012/29/EU141  and  noted  that  while  no  victims  of 
trafficking  have  yet  received  financial  compensation  under  the  Assistance  and  Financial 
Compensation  for  Crime  Victims  Act,  victims  have  been  awarded  compensation  in  other 
ways.  EL  reports  that  there  are  legislative  provisions  on  compensation,  however,  the 

141   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. 

63 

 
 
 
 
 
 
                                                           
competent  Compensation  Authority  has  not  received  so  far  any  relevant  applications  from 
victims of trafficking or their legal representatives.  

Member  States  report  on  different  paths  for  accessing  compensation,  either  through 
criminal  proceedings  or  by  instituting  separate  civil  action,  including  via  interim  measures. 
LV notes the different approach towards receiving state compensation if the victim is formally 
identified in the criminal proceedings or by a mandated NGO. IT reports on the Annual Fund 
against Trafficking, which is financed by the proceeds from the confiscation of goods after a 
judgment of conviction.  Compensation is also due in cases where the perpetrators of crimes 
are unknown. PL reports on recent legislative amendments that allow victims of trafficking to 
seek  compensation  during  criminal  proceedings  and  in  civil  proceedings,  independently  of 
criminal  proceedings.  Such  compensation  from  the  perpetrator  in  criminal  or  civil 
proceedings  or  State  compensation  can  be  sought  after  the  victim  has  returned  to  his/her 
country  of  origin.  PL  sights  at  least  one  case  where  a  returned  victim  applied  for 
compensation from the perpetrator in criminal proceedings. There are no known cases of State 
compensation having been rewarded to victims of  trafficking in human beings or to victims 
who returned to their countries. PL informs that the amendment to the Act of 7 July 2005 on 
state compensation to  victims  of certain  intentional  offences allows paying compensation to 
victims,  if  the  offence  has  been  committed  in  the  territory  of  the  Republic  of  Poland  to  the 
detriment  of  a  natural  person,  irrespective  of  their  nationality.  The  only  prerequisite  is  the 
place of permanent residence in the territory of the Republic of Poland or another EU Member 
State. Finally, Estonia reports on one study conducted142 about the possibilities and ways to 
provide moral compensation for victims. 

Commission Commitment on the Compensation of Victims 
In October 2017, a Special Adviser to President Jean-Claude Juncker for the compensation of 
victims  of  crime  was  appointed.  Her  mandate  is  to  advise  the  President  on  how  the 
Commission can foster a better implementation of the existing rules on the compensation of 
victims of crime. Compensation for victims is often hindered by the complexity and diversity 
of  the  national  compensation  schemes,  including  the  differences  in  compensation  payments 
across  Member  States.    The  Special  Adviser  is  focusing  on  how  to  improve  cooperation 
among national authorities responsible for the compensation of victims of crime, on access to 
information  in  cross  border  situations  and  on  possible  options  for  a  faster  and  fairer 
compensation  across  the  EU.  The  Special  Adviser  attended  the  meeting  of  4-5  December 
2017  of  the  EU  Network  of  National  Rapporteurs  and  Equivalent  Mechanisms  and  the 
meeting  on  28-29  May  2018  of  the  EU  Civil  Society  Platform  against  trafficking  in  human 
beings,  which  also  included  a  dedicated  session  in  one  of  the  workshops  attended  by 
participant NGOs. This was followed by a survey launched with the EU civil society against 
trafficking in human beings for their contributions on compensation to victims of trafficking 
in human beings to feed in the work of the Special Adviser.  

According  to  GRETA  ‘despite  the  positive  examples,  effective  access  to  compensation 
remains  out  of  reach  for  most  trafficked  people.  This  amounts  to  a  major  failing  of  States 
Parties  in  their  duty  to  help  trafficked  people,  and  makes  their  rehabilitation  all  the  more 
difficult. […] There is in general a scarcity of available information on compensation awarded 
to victims of trafficking for the purpose of labour exploitation. In many countries, there is no 
recorded  information  on  any  compensation  received  by  victims  of  trafficking  and  several 
countries  still  lack  State  compensation  schemes  accessible  to  victims  of  trafficking." 

142   http://norway-grants.eluliin.ee/images/pdf/Inimkaubandus-moraalne_kompensatsioon.pdf . 

64 

 
 
 
 
 
                                                           
Furthermore, GRETA has "called on the authorities of most States Parties to enable victims of 
trafficking  to  exercise  their  right  to  compensation  by  including  victim  compensation  in 
training  programmes  for  law  enforcement  officials,  prosecutors  and  judges,  building  the 
capacity  of  legal  practitioners  to  support  victims  to  claim  compensation,  making  the  State 
compensation scheme effectively accessible to  victims of trafficking, and making full use of 
the  existing  legislation  on  the  freezing  and  forfeiture  of  assets  to  secure  compensation  to 
victims of trafficking.’ 

Civil society contributions overall highlight that significant challenges exist with respect to 
access to compensation for victims of trafficking, with information on the implementation of 
national  provisions  in  this  sense  being  still  limited,  and  procedures  complex.  Particularly 
victims of trafficking for sexual exploitation sometimes are not able to meet requirements for 
producing evidence of verifiable expenses or employment losses.  
In order to increase access to compensation, assistance and support, information provided for 
this report indicates a need to continue promoting the use available legal instruments and to 
consider  the  use  of  seized  and  confiscated  instrumentalities  and  the  proceeds  from  the 
trafficking offences to support victims’ assistance and protection, including compensation of 
victims. 

6.5. Application of the non-punishment principle  
According to Art. 8 of the Anti-Trafficking Directive Member States shall, in accordance with 
the  basic  principles  of  their  legal  systems,  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 trafficked.  

Limited  information  has  been  provided  on  the  application  of  the  principle  of  non-
punishment.  PL  reports  not  having  in  place  measures  to  ensure  the  non-  punishment 
principle, while others report that in some cases, the potential victim of trafficking has been 
sentenced to imprisonment for a crime (e.g. FI). 

Civil  society  organisations  stress  that  overall  the  implementation  of  the  non-punishment 
principle  is  very  limited,  and  in  some  cases  the  law  does  not  clearly  include  the 
requirement  for  all  forms  of  exploitation.  In  particular,  victims  of  trafficking  for  the 
purpose of sexual exploitation in the prostitution sector, predominantly women and girls, and 
victims  of  trafficking  for  forced  criminal  activities  are  at  high  risk  of  being  punished  for 
crimes they have been forced to commit because of their exploitation.   

The principle of non-punishment of victims of trafficking  
GRETA143 has reported that most countries evaluated in the course of the second evaluation 
round have adopted specific legal measures on non-punishment of victims of trafficking who 
have  been  compelled  to  be  involved  in  unlawful  activities  due  to  their  trafficking  situation 
(with the exception of Austria, Croatia, Montenegro and Denmark).  

Some GRETA reports published as part of the second evaluation round provide examples of 
situations in which the non-punishment provision was applied to child victims of trafficking. 
GRETA reports also provide examples of cases in which the non-punishment provision was 
not applied to child victims of trafficking. For example, in Austria, GRETA received reports 

143   https://rm.coe.int/1680706a42. 

65 

 
 
 
 
 
 
 
 
                                                           
about  the  case  of  a  17-year  old  girl  from  Bosnia  and  Herzegovina  who  was  sentenced  by  a 
court in  Vienna to  18 months’ imprisonment  for theft,  despite indications that she had been 
pressured  to  commit  the  offences  by  traffickers.  According  to  information  provided  by  the 
Austrian  authorities,  although  a  certain  family-related  pressure  was  acknowledged  by  the 
court as a mitigating circumstance in the case in question, there was not sufficient evidence to 
say that the girl was a victim of trafficking. GRETA has urged the Austrian authorities to take 
additional  measures  to  ensure  compliance  with  Article  26  of  the  Convention,  including  the 
adoption of a specific legal measure and/or the  development  of  guidance for police officers 
and  prosecutors  on  the  scope  of  the  non-punishment  provision,  including  with  regard  to 
administrative/civil law sanctions.  

7. INTENSIFY A COORDINATED AND CONSOLIDATED RESPONSE 
The  2017  Communication  identified  as  a  targeted  priority  to  intensify  a  coordinated  and 
consolidated  response,  both  within  and  outside  the  EU.  Since  the  adoption  of  the  2017 
Communication,  the  EU  Anti-trafficking  Coordinator  presented  the  targeted  priorities  set 
forth to the EU Network of National Rapporteurs and Equivalent Mechanisms and to various 
bodies and Committees, such as the European Parliament (Civil Liberties, Justice and Home 
Affairs (LIBE) and on Women's Rights and Gender Equality (FEMM) Committees, as well as 
the Subcommittee on Human Rights (DROI).) and the Council High Level Working group on 
Migration and Asylum, and the Standing Committee on Operational Cooperation on Internal 
Security. 

As  mentioned  in  the  previous  sections,  generally  Member  States  report  on  increasing 
cooperation at local, national and transnational level. Part of the mandate of the EU Anti-
Trafficking  Coordinator,  based  on  Article  20  of  the  Anti-Trafficking  Directive,  is  to  foster 
cooperation and policy coherence. In this respect, during this reference period, the European 
Commission/EU Anti-trafficking Coordinator held regular biannual meetings with the EU 
Network  of  National  Rapporteurs  and/or  Equivalent  Mechanisms,  as  well  as  the  EU 
Civil  Society  Platform  against  Trafficking  in  Human  Beings.  Work  with  international 
organisations, EU institutions and EU agencies, including the Justice and Home Affairs 
agencies has been further fostered. 

As  an  inherent  part  of  the  coordination  effort,  work  conducted  in  both  EU  internal  and 
external  policies,  including  through  contributions  to  briefings,  reports,  speeches, 
thematic  background  notes,  EU  statements,  participation  to  internal  meetings, 
monitoring of and input in relevant policy areas.  In this framework, close cooperation is 
ensured  with  a  wide  range  of  relevant  services  in  the  various  Directorates  General  of  the 
European  Commission  (e.g.  through  the  participation  to  Inter  Service  Groups,  including  on 
rights of the child, equality between women and men; the Roma Task Force and the Security 
Union Task Force), as well as with the European External Action Service and EU Delegations 
in non-EU countries. 

In  the  reporting  period,  the  European  Parliament  issued  two  relevant  resolutions:  1) 
Preventing and combating trafficking in human beings144, and 2) the fight against trafficking 
in human beings in the EU’s external relations145.  

144  http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-

0227+0+DOC+XML+V0//EN. 

145  http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-

0300+0+DOC+XML+V0//EN. 

66 

 
 
 
 
 
 
                                                           
Upon invitation of national  authorities, country visits were conducted by the EU Anti-
Trafficking  Coordinator  in  numerous  EU  Member  States,  such  as  Romania,  Bulgaria, 
France,  Greece,  Italy,  Romania,  United  Kingdom,  and  Luxembourg.  Furthermore, 
numerous  bilateral  and  multilateral  exchanges  with  governmental  and  non-governmental 
stakeholders took place in the reporting period.  

Finally, cooperation was fostered with strategic partners at the international level, and policy 
coherence  was  ensured  in  several  multilateral  processes  such  as  the  Conference  of  the 
Parties  to  the  United  Nations  Convention  against  Transnational  Organised  Crime,  the 
preparatory  work  for  the  Global  Compact  for  Safe  and  orderly  Migration,  the  High 
level  meeting for the Appraisal of the United Nations Global  Plan of Action to combat 
trafficking in human beings and others146. In addition, further engagement with the United 
Nations Inter-Agency Coordination Group against Trafficking in Persons (ICAT) was sought.  

7.1. EU Network of National Rapporteurs or Equivalent Mechanisms on Trafficking in 
Human Beings  
The  EU  Network  of  National  Rapporteurs  or  Equivalent  Mechanisms  on  Trafficking  in 
Human Beings (NREMs) was first established following Council Conclusions in June 2009. 
Furthermore, the role of the NREMs is elaborated in the Anti-trafficking Directive.  

The  NREMs  are  responsible  for  monitoring  the  implementation  of  anti-trafficking  policy  at 
the national level, and play a crucial role in data collection on trafficking in human beings at 
both national and EU level. The European Commission, via the Office of the EU ATC, has 
worked actively to facilitate and strengthen the work of the EU Network of NREMs, in order 
to allow for enhanced information sharing and exchange of best practices as well as to ensure 
best  coordination of tasks  at  EU and national  level.  Currently, the successful functioning of 
the Network is ensured with biannual meetings attended by all NREMs, appointed by the EU 
Member  States,  and  independent  bodies,  where  available.  The  EU  ATC,  on  behalf  of  the 
European Commission,  chairs the meetings  with the incumbent  EU Presidency. This  allows 
for  working  at  operational,  strategic,  as  well  as  monitoring  level,  in  an  informed  and 
coordinated way.  

In  line  with  the  Commission's  strategy  for  'A  credible  enlargement  perspective  for  and 
enhanced  EU  engagement  with  the  Western  Balkans',147  the  EU  Anti-trafficking 
Coordinator participated in events facilitating dialogue between the network of National Anti-
trafficking Coordinators of the South-East European countries (‘SEE Coordinators’), and the 
EU  Network  of  NREMs.  She  also  intervened  on  the  Sofia  forum  on  31  May  2018  on 
"Western  Balkans  and  the  European  Union:  Systems  for  Combatting  Human 
Trafficking in Southeast Europe in the Context of the Accession Process", organised by 
the BG Presidency. Moreover, a session of the 13-14 June 2018 meeting of the EU Network 
of NREMs was dedicated to the Western Balkans, in continuation with the work carried out 
with  the  BG  Presidency  and  SEE  Coordinators  in  the  context  of  EU-Western  Balkans 
relations.  The  EU  Western  Balkans  Strategy,  which  recognises  the  importance  of  cracking 
down on the business model of organised crime and trafficking in human beings, is important 
in  the  context  of  ensuring  coherence  and  consistency  of  EU  action  to  address  trafficking  in 
human beings within and outside the EU. 

146  EU  statements  and  relevant  information  on  such  processes  are  available  at  http://ec.europa.eu/anti-

trafficking/. 

147  COM(2018) 65 final, available at: https://ec.europa.eu/commission/sites/beta-political/files/communication-

credible-enlargement-perspective-western-balkans_en.pdf. 

67 

 
 
 
 
 
 
                                                           
7.2. EU Civil Society Platform and ePlatform against trafficking in human beings  
The  Anti-Trafficking  Directive  aknowledges  the  role  of  the  civil  society  and  encourages 
Member  States  to  work  closely  with  civil  society  organisations,  including  working  with 
trafficking victims, in policymaking initiatives, information and awareness-raising campaigns, 
research and education programmes and in training, as well as in monitoring and evaluating 
the impact of anti-trafficking measures.  

The  civil  society  continues  to  be  a  key  partner  in  the  joint  efforts  to  address  trafficking  in 
human  beings,  its  contribution  is  acknowledged  and  valued,  and  building  and  strenghtening 
partnerships has been at the core of EU agenda since 2012.  

The  Platform  was  launched  in  2013  as  a  key  deliverable  of  the  EU  Strategy  (Priority  D, 
Action 3), and currently brings together over 100 participants across the EU and beyond. 
Further  to  the  first  open  call  for  expression  of  interest  to  participate  in  the  Platfrom, 
throughout the years open calls for expression of interest have been launched targeting: civil 
society organisation based in selected non-EU countries; working especially on child victims 
of trafficking as well as to ensure geographical balance, including organisations legally based 
in  all  EU  Member  States.  The  Platform  is  complemented  by  a  further  online  ePlatform, 
launched  in  2014  to  include  further  participants  overcoming  logistical  and  budget  limits,  as 
well  as  to  give  continuity  to  the  discussions  carried  out  in  the  meetings  in  Brussels,  foster 
information exchange and facilitate dissemination.  

The Platform regularly meets twice per year, including in joint session with the EU Network 
of  National  Rapporteurs  and/or  Equivalent  Mechanism,  and  meetings  are  organised  by  the 
Office  of  the  EU  Anti-trafficking  Coordinator.  The  joint  sessions,  as  well  as  the  process 
through which civil society contributed with input based on their experience on the ground to 
the sources of information of this report, described previously in Section 1.3, must be placed 
in  the  context  of  the  joint  efforts  to  facilitate  the  close  cooperation  of  all  relevant  actors  at 
national level required by the Anti-Trafficking Directive. 

Further contributions emerged from the discussions and exchanges that took place during the 
biannual  meetings,  which  include  parallel  workshops  tackling  various  aspects  of  anti-
trafficking  action,  and    plenary  sessions  with  guest  speakers  on  specific  topics,  such  as 
victims’  rights,  with  a  focus  on  violence  against  women  and  girls,  with  the  participation  of 
Ambassador Mara Marinaki, EEAS Principal Adviser on Gender and on the Implementation 
of UNSCR 1325 on Women, Peace and Security, as well as compensation of victims, with the 
participation  of  the  Special  Advisor  for  the  compensation  of  victims  of  crime,  Ms  Joëlle 
Milquet,  as  well  as  speakers  from  European  Commission  services  responsible  for  relevant 
areas.  In  this  context,  sessions  on  navigating  EU  funding  instruments,  as  well  as  on  key 
topics,  such  as  the  EU-UN  Spotlight  Initiative  on  violence  against  women  and  girls,  were 
organised. 

7.3. Working with EU Agencies 
The  fight  against  trafficking  in  human  beings  in  the  EU  for  all  forms  of  exploitation, 
including sexual and labour exploitation, as well as all forms of child trafficking remains one 
of  the  priorities  of  the  EU  policy  cycle  for  organised  and  serious  international  crime  2018-

68 

 
 
 
 
 
 
 
 
2021, adopted by the Council on 18 May 2017148.  This  is  in  line with  Commission's  policy 
priorities and the Commission continues to support EU Agencies in their efforts. 

A  substantial  part  of  the  work  delivered  since  the  first  progress  report  on  coordination 
involves  seven  key  EU  Justice  and  Home  Affairs  Agencies149,  in  line  with  the  2011  Joint 
Statement  signed  by  the  Heads  of  these  agencies.  As  elaborated  below,  this  statement  has 
been renewed: on 13 June 2018, ten agencies signed a Joint Statement of commitment (see the 
section  below).  In  their  respective  areas  of  work,  EU  Agencies  have  conducted  a  broad 
number  of  activities  addressing  different  aspects  of  the  trafficking  phenomenon,  in 
accordance with their respective mandates. The details are included in the following pages. 

2017 Communication Deliverables 
Joint Statement of Commitment by Ten EU Agencies150 
On  13  June  2018,  the  Heads  of  the  European  Asylum  Support  Office  (EASO),  European 
Police Office (Europol), European Agency for the operational management of large-scale IT 
systems in the area of freedom, security and justice (eu-LISA), European Monitoring Centre 
for  Drugs  and  Drug  Addiction  (EMCDDA),  EU  Judicial  Cooperation  Unit  (Eurojust), 
European  Institute  for  Gender  Equality  (EIGE),  European  Border  and  Coast  Guard  Agency 
(Frontex),  EU  Agency  for  Fundamental  Rights  (FRA),  EU  Agency  for  Law  Enforcement 
Training  (CEPOL),  and  the  European  Foundation  for  the  Improvement  of  Living  and 
Working  Conditions  (Eurofound)  signed  the  Joint  Statement  of  commitment  to  working 
together to address trafficking in human beings. 

The Joint Statement is a key action set forth in the 2017 Communication. This commitment 
builds up on the efforts conducted since the 2011 Joint Statement on trafficking, adopted by 
seven Justice and Home Affairs agencies under the EU Strategy. 

In the 2018 Joint Statement, the ten signatory agencies stress the importance of an enhanced 
multiagency approach, commit to countering the culture of impunity and enhance the focus on 
prevention.  In  line  with  the  EU  legal  and  policy  framework,  the  Joint  Statement  adopts  a 
gender specific and child sensitive approach to addressing this grave violation of human rights 
and serious form of organised crime.  

7.3.1. EU Agency for Law Enforcement Training (CEPOL) 
In  the  context  of  its  mandate  to  provide  law  enforcement  training  and  learning,  CEPOL 
reports  that  between  2015  and  2017,  it  implemented  four  residential  courses,  three  online 
modules, and one online course on trafficking in human beings. Relevant activities have also 
taken place in the CEPOL Exchange Programme. In total,  1 348 participants were trained 
by CEPOL. By the end of 2018, CEPOL will also have completed four residential courses, 
one  online  course,  one  online  module,  two  webinars  and  its  Exchange  Programme. 
Furthermore,  the  EU  Anti-trafficking  Coordinator  participated  in  such  training,  as  part  of 
CEPOL  courses  on  the  EU  anti-trafficking  legal  and  policy  framework,  with  a  highlight  on 
the priorities of the 2017 Communication, via webinar, online training module and residential 
training. 

148   https://www.europol.europa.eu/crime-areas-and-trends/eu-policy-cycle-empact. 
149   CEPOL, EASO, EIGE, Europol, Eurojust, FRA, Frontex. 
150   The  Statement  can  be  found  at:  https://ec.europa.eu/anti-trafficking/eu-policy/heads-ten-eu-agencies-

commit-working-together-against-trafficking-human-beings_en. 

69 

 
 
 
 
 
 
 
 
                                                           
7.3.2. European Asylum Support Office (EASO) 
EASO is mainstreaming the aspects of trafficking in human beings related to asylum in all its 
activities:  tools  and  information  have  been  developed  to  ensure  that  officials  increase  their 
awareness about the detection and referral of trafficking victims; this includes the introduction 
of modules on trafficking in human beings in its training activities.151  

In  2014,  EASO  coordinated  a  joint  report  by  the  Justice  and  Home  Affairs  Agencies  to 
address  trafficking  in  human  beings  in  areas  in  which  they  joined  forces  to  support  the 
implementation of the EU Strategy.152 Since 2015, EASO has established a specialised team 
working  on  vulnerable  groups  within  the  Asylum  Support  Unit.  Furthermore,  since  2014, 
EASO has been holding national  conferences and experts meetings on trafficking in human 
beings. Areas of focus have included practical cooperation on Nigeria, Libya as a country of 
transit with a particular focus on trafficking in human beings and forced and child marriage as 
a  possible  form  of  exploitation,  as  well  as  identification  of  victims  who  may  be  in  need  of 
international protection. EASO is now integrating its trafficking in human beings network in 
the new EASO Vulnerability Expert Network, in view of its relevance to vulnerable persons. 

In its operational role, EASO has supported the work of the Greek and Italian authorities in 
the hotspots. Furthermore, EASO is working with Member States on a common methodology 
to  report  statistics  for  its  ‘Early  warning  and  Preparedness  System’  to  analyse  trends  in 
trafficking  within  flows  of  asylum  applicants  in  the  EU.  EASO  took  over  from  UNICEF  a 
social  media  monitoring  project  previously  conducted  by  UNHCR,  which  includes 
information on migrant smuggling, trafficking in human beings and secondary movements.  

7.3.3. European Institute for Gender Equality (EIGE) 
In  2014,  the  European  Institute  for  Gender  Equality  (EIGE)  published  an  Analysis  of  the 
Victims' Rights Directive (Directive 2012/29/EU) from a gender perspective. In 2016, EIGE 
started  to  cooperate  closely  with  other  JHA  Agencies  in  the  field  of  trafficking  in  human 
beings. EIGE updated its Strategic Framework on Violence against Women 2016  – 2018, to 
assist  the  Member  States  in  meeting  their  obligations  in  the  implementation  of  the  Anti-
Trafficking Directive.   

In  October  2018,  EIGE,  in  cooperation  with  the  Office  of  the  EU  Anti-Trafficking 
Coordinator,  published  a  report  on  gender-specific  measures  in  anti-trafficking  actions, 
which  undertakes  a  comparative  analysis  of  the  Victims’  Rights  Directive  and  the  Anti-
Trafficking  Directive,  from  the  perspective  of  women  and  girls  trafficked  for  sexual 
exploitation.  The  report  provides  guidance  for  a  gender-sensitive  implementation  of  the 
Directive’s  measures  to  better  identify,  help  and  support  victims  of  trafficking  in  human 
beings, and indicators to evaluate the effectiveness and impact of their implementation. 

Other aspects of EIGE’s work relevant to trafficking in human beings include a measurement 
framework of violence against women for the Violence domain of the Gender Equality 
Index, including an indicator on trafficking in women.  

151   This includes the training module “Trafficking in Human Beings and International Protection,” following 
the “train the trainers” methodology, and modules on Gender, Gender identity and Sexual Orientation and 
Interviewing  Children  and  Vulnerable  Persons.  EASO  also  introduced  a  section  on  trafficking  in  human 
beings  in  the  training  module  on  “Country  of  Origin  Information”,  and  is  developing  a  module  on  the 
reception conditions on vulnerable persons, in particular of trafficking victims. 

152  https://www.easo.europa.eu/sites/default/files/public/Press-release-EU-agencies-issue-report-on-joint-THB-

actions.pdf. 

70 

 
 
 
 
 
 
 
                                                           
7.3.4. EU Judicial Cooperation Unit (Eurojust) 
Eurojust facilitates Member States’ operational work. Apart from the discussions between 
the  representatives  of  the  National  Desks  concerned,  Eurojust  provides  practitioners  with 
cooperation tools in cross-border cases: coordination meetings, coordination centres and Joint 
Investigation Teams (JITs). The number of registered cases, coordination and the number of 
JITs  has  risen  steadily.  Cooperation  with  non-EU  countries  has  also  increased.  To  support 
efforts towards increasing financial investigations, the Operations Manual of Eurojust, drafted 
between  2015  and  2017,  contains  instructions  on  including  asset  recovery/financial  aspects 
when  preparing  for  a  coordination  meeting  or  coordination  centre.  In  the  Guidelines  for 
deciding which jurisdiction should prosecute and on operational work, such as the setting of 
JITs, Eurojust has taken into account as particularly significant factors in cases of trafficking 
in human beings the interests and protection of the victims. In the period 2015–2017 Eurojust 
awarded to JITs EUR 356 885 (2015), EUR 448 415 (2016) and EUR 507 358 (2017). 

In January 2017, Eurojust published the Final Evaluation Report on the Implementation of 
the  Eurojust  Action  Plan  against  trafficking  in  human  beings  2012–2016,  which 
highlights the challenges encountered in investigations and prosecutions.153 It also includes a 
number  of  good  practices,  including  multidisciplinary  approaches  involving  NGOs,  tax 
departments,  immigration  services,  and  law  enforcement  agencies;  building  victims’ 
confidence; and the establishment of JITs as a way to solve evidence-related problems.  

In  December  2015,  Eurojust  published  a  report  entitled  “Prosecuting  trafficking  in 
human  beings  for  the  purpose  of  labour  exploitation”,154  which  analysed  the  challenges 
posed  by  transnational  cooperation  and  parallel  judicial  proceedings  in  this  field,  as  well  as 
the  assistance  possibilities  offered  by  Eurojust  to  improve  coordination  and  promote  joint 
investigations. 

7.3.5. European Police Office (Europol) 
Europol’s priorities are aligned with the goals defined under the EU Policy Cycle EMPACT 
Project on trafficking in human beings:  (i) increase the operational exchange of information 
and  support  to  EU  Member  States’  high  priority  cases;  (ii)  enhance  financial  investigations 
and asset recovery activities within trafficking in human beings investigations; (iii) focus on 
the online component of investigations and how the internet and dark-net enable trafficking in 
human beings; (iv) focus on ID Fraud and how it facilitates this crime; (v) focus on sexual and 
labour  exploitation,  child-trafficking  and  other  forms  of  exploitation  such  as  forced 
criminality  and  forced  begging;  (vi)  focus  on  threats  from  third  countries  and  on  the  links 
between  facilitated  illegal  immigration  and  trafficking  in  human  beings;  and  (vii)  support 
prevention activities and capacity building. 

Within  its  mandate,  Europol  supports  EU  law  enforcement  authorities  and  other 
partner organisations to tackle trafficking in human beings through analysing information 

153   Challenges include gathering of evidence and the excessive reliance on victims’ statements, issues related 
to  conflicts  of  jurisdiction,  execution  of  European  Arrest  Warrants,  the  use  of  cross  border  investigation 
techniques, and the difficulties in uncovering and confiscating the profits generated by trafficking in human 
beings and proving money laundering by OCGs and the differences in substantive and procedural laws of 
Member States. http://www.eurojust.europa.eu/press/PressReleases/Pages/2017/2017-02-03.aspx.  

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

trafficking/sites/antitrafficking/files/report_on_prosecuting_thb_for_the_purpose_of_labour_exploitation_e
n_1.pdf. 

71 

 
 
 
 
 
 
 
                                                           
and intelligence;  facilitating operational  meetings between partners involved in  cross-border 
cases;  providing  expertise  and  training  to  law  enforcement  authorities  to  support  cases  and 
share  knowledge;  deploying  Europol  mobile  offices  to  the  field  for  operations,  giving  live 
access  to  Europol’s  secure  information  exchange  network  and  databases;  and  providing 
support  to  judicial  cooperation  and  for  the  tackling  of  other  related  criminal  activities 
uncovered  in  the  course  of  investigations.  The  Analysis  Project  Phoenix,  composed  by 
specialists and analysts, supports live investigations involving at least two EU Member States.  

As a result, many networks have been cracked down and victims safeguarded.  For example, 
only in 2017, Europol coordinated 7 Joint Action Days with a total of 21 operational actions 
supported.  132  operational  reports  were  produced  in  the  framework  of  these  Joint  Action 
Days.  In total, the Joint Action Days led to 604 new cases/investigations and identification of 
1,191 trafficking victims155.Under certain  criteria, Europol  can offer  funding for operational 
meetings among investigators. Under the EU Policy Cycle for Serious and Organised Crime 
there are also calls for proposals to support the implementation of EMPACT activities. 

7.3.6 EU Agency for Fundamental Rights (FRA) 
The  EU  Agency  for  Fundamental  Rights  (FRA)  notes  the  wide  positive  feedback  to  the 
Handbook on Guardianship for children deprived of parental care, published as a deliverable 
of  the  EU  Strategy  2012-2016156,  which  is  also  used  by  national  authorities  in  relevant 
trainings. 

In its research on fundamental rights at airports and land border crossing points, FRA noted  
limited  specific  guidance  and  training  provided  to  border  guards  on  identifying  victims  of 
trafficking,  while  also  highlighting  promising  practices,  such  as  the  cooperation  with  air 
carriers.157 In its opinions on the use of IT systems in the field of security and justice, FRA 
underlined  the  role  that  IT systems  could  play  in  detecting  and  protecting  child  victims.158 
FRA's research on biometrics in large scale IT systems and fundamental rights, addressed 
the extent to which staff and service providers of diplomatic missions and consular posts take 
appropriate measures for presumed victims of trafficking during visa procedures.159  

In  January  2015,  FRA  published  the  first  comprehensive  assessment  of  support  services 
throughout  the  EU  for  victims  of  crime,  including  trafficking.160  The  report  highlighted 
that access to victim support services is of crucial importance for their ability to exercise their 
right  to  effective  access  to  justice.  FRA  presented  a  report  on  severe  forms  of  labour 
exploitation  in  June  2015,  which  mapped  risk  factors  that  may  lead  to  exploitation, 

155   2017 Europol Consolidated Annual Activity Reports (CAAR), https://www.europol.europa.eu/publications-

documents/consolidated-annual-activity-reports-caar  

156   http://fra.europa.eu/en/publication/2015/guardianship-children-deprived-parental-care  See  First  Progress 

Report p. 22. 

157  http://fra.europa.eu/en/publication/2014/fundamental-rights-airports-border-checks-five-international-

airports-european and http://fra.europa.eu/en/publication/2014/fundamental-rights-land-borders-findings-
selected-european-union-border-crossing.  

158  See  Opinion  on  the  impact  on  fundamental  rights  of  the  proposal  for  a  revised  Eurodac  Regulation, 
http://fra.europa.eu/en/opinion/2017/impact-proposal-revised-eurodac-regulation-fundamental-rights; 
Opinion on Fundamental rights and the interoperability of EU information systems: borders and security, 
http://fra.europa.eu/en/publication/2017/fundamental-rights-interoperability;  Opinion  on  Interoperability 
and fundamental rights implications, http://fra.europa.eu/en/opinion/2018/interoperability. 

159   Under watchful eyes: biometrics, EU IT systems and fundamental rights, 
http://fra.europa.eu/en/publication/2018/biometrics-rights-protection. 

160   http://fra.europa.eu/en/publication/2014/victims-crime-eu-extent-and-nature-support-victims. 

72 

 
 
 
 
 
 
                                                           
preventive actions taken by Member States, and victims’ access to justice.161 Further research 
is ongoing based on interviews to both EU and non-EU migrant workers162. A final report will 
be published in 2019.  

FRA has  also  addressed  trafficking in  the  research, advisory and capacity building work 
on the fundamental rights situation of people in large migration  movements, especially 
Italy and Greece.163 Since April 2016, FRA deployed a staff member to the hotspots in Greece 
and  undertook  missions  to  Italy.  In  cooperation  with  EL  authorities,  international 
organisations  and  civil  society,  FRA  developed  indicators  concerning  sexual  and  gender 
based violence and Standard Operating Procedures, and embedded a module on trafficking in 
its  training  on  child  protection  for  Reception  and  Identification  Centres  staff  in  Greece.  In 
Italy, FRA’s awareness raising and capacity building activities focused on the identification, 
treatment and referral of vulnerable people, including through workshops on good practices. 

7.3.7. European Border and Coast Guard Agency (Frontex) 
The  European  Border  and  Coast  Guard  Agency  supports  Member  States  with  screening, 
debriefing,  identification  and  fingerprinting  of  migrants.  Officers  deployed  by  the  agency 
refer and  provide initial  information  to  people who need, or wish to  apply  for, international 
protection, cooperating with the European Asylum Support Office and national authorities.  

In  2017,  the  European  Border  and  Coast  Guard  Agency  started  to  deliver  awareness 
sessions/workshops on trafficking in human beings within Joint Operation Triton (now 
Themis)  and  Joint  Operation  Poseidon.  In  Greece,  Debriefing  Experts  are  interviewing 
potential victims of trafficking. 

The  European  Border  and  Coast  Guard  Agency  has  developed  a  number  of  Handbooks  to 
help border professionals in the detection and disruption of trafficking of human beings 
and  migrant  smuggling:  the  Vega  Handbook  on  Airports;  the  VEGA  ‘Countermeasures’ 
Handbook, first published in 2012, was reviewed in 2017; Frontex Handbook on Risk Profiles 
on  trafficking  in  human  beings;  and  the  Handbook  VEGA  Children  at  airports.  The  VEGA 
Handbook  for  Land  Borders  and  the  SBS  VEGA  Handbook:  Children  at  Sea  Borders  are 
forthcoming. 

The  agency's  training  unit  has  developed  specific  content  relating  to  trafficking  and  is 
working  towards  additional  courses  for  its  portfolio164,  including  for  border  guard  agencies 
from the Western Balkans and Eastern Partnership countries. 

The  Africa-Frontex  Intelligence  Community  (AFIC)  was  set  up  in  2010  to  provide  a 
framework for regular information sharing in the field of migrant smuggling and other border 
security  threats.  Funded  through  the  Instrument  contributing  to  Stability  and  Peace,  since 

161   http://fra.europa.eu/en/publication/2015/severe-labour-exploitation-workers-moving-within-or-european-

union. 

162   http://fra.europa.eu/en/publication/2018/exploited-domestic-workers and 

http://fra.europa.eu/en/publication/2018/protecting-migrant-workers-exploitation-eu 

163   See  FRA  migration  focus  report  (May  2016)  at  http://fra.europa.eu/en/publication/2016/asylum-and 

migration-european-union-2015 and http://fra.europa.eu/en/opinion/2016/fra-opinion-hotspots-approach.   

164   European  Border  and  Coast  Guard  Agency  has  developed  a  training  manual,  including  a  toolkit  in 
cooperation  with  Member  States’  experts,  EU  agencies/NGOs  and  international  organisations.  The 
European  Border  and  Coast  Guard  Agency  is  currently  revising  the  Anti-Trafficking  in  Human  Beings 
Train the Trainers manual with a view to enhancing existing training and providing more targeted support. 

73 

 
 
 
 
 
 
 
 
                                                           
September 2017, the European Border and Coast Guard Agency has been implementing the 
project to strengthen the capacity of beneficiary countries in the AFIC. 

7.4. The external dimension 
The  external  dimension  is  an  integral  part  of  the  EU  policy  framework  to  address 
trafficking in human beings and one of its pillars165. In this context, the EU Anti-trafficking 
Coordinator  provides  strategic  policy  guidance  to  promote  a  coherent  and  coordinated 
approach to address trafficking in human beings both within the EU and in relation to non-
EU  countries,  and  monitors  the  use  of  all  appropriate  forms  of  EU  action.  As  a  complex 
phenomenon,  trafficking  in  human  beings  continues  to  be  systematically  addressed  in  key 
relevant  policy  instruments,  including  in  the  context  of  migration,  ranging  from  security  to 
migration,  justice,  equality,  anti-discrimination,  fundamental  rights,  employment,  and 
development,  such  as:  the  European  Agenda  on  Migration166,  the  European  Agenda  on 
Security167, the Global Strategy for the EU Foreign and Security Policy168, the Action Plan on 
Human  Rights  and  Democracy169,  the  Action  Plan  on  Gender  Equality  and  Women's 
Empowerment170  and  the  Strategic  Engagement  for  Gender  Equality171.  Many  EU  external 
policies,  agreements,  partnership  and  dialogues  with  non-EU  countries  embed  trafficking  in 
human beings, among others: the Khartoum and Rabat processes, the priority domains of the 
follow up to the Joint Valletta Action Plan. 

As an example, the Marrakesh Action Plan, adopted in the framework of the Rabat Process on 
2 May 2018, addresses trafficking in human beings under two objectives (Objectives 7 and 8). 
In line with  the policy priorities set forth by the 2017 Communication stepping up EU 
action  to  address  trafficking  in  human  beings,  the  relevant  actions  set  forth  focus  on 
improving  detection  of  victims,  including  in  the  area  of  integrated  border  management, 
enhance  judicial  and  law  enforcement  cooperation  and  information  sharing,  in  particular  on 
financial  investigations,  continue  upholding  and  supporting  the  implementation  of  the 
UNTOC  Convention  and  Palermo  Protocols,  and  provide  appropriate  assistance  and 
protection to victims, especially women and children. 

On  the  initiative  of  the  BG  Presidency,  and  in  line  with  Commission  policy  priorities,  a 
seminar  focused  on  trafficking  of  women  and  children,  disproportionately  affected,  was 
organised on 19-20 June 2018 in close cooperation with the ACP Secretariat, in the context of 
the ACP- EU Dialogue on Migration and Development. The agenda and conclusions included 
a  strong  focus  on  countering  the  culture  of  impunity,  stopping  the  profits  involved  in  the 
crime, and addressing all parts of the trafficking chain.  

The  EU  has  provided  funding  to  anti-trafficking  actions  in  non-EU  countries  through  its 
external  financing  instruments,  such  as  the  EU  Trust  Fund  for  Africa,  the  Development 
Cooperation Instrument and the European Fund for Development. African countries were the 
main  beneficiary  countries  but  actions  have  also  been  implemented  in  Asia  and  Latin 

165   The basic framework is set in the 2009 Action Oriented Paper on strengthening the EU external dimension 
against  trafficking  in  human  beings  (AOP)  and  in  the  Global  Approach  to  Migration  and  Mobility 
(GAMM). 

166   https://ec.europa.eu/anti-trafficking/eu-policy/european-agenda-migration_en. 
167   https://ec.europa.eu/anti-trafficking/eu-policy/european-agenda-security_en. 
168   http://europa.eu/globalstrategy/sites/globalstrategy/files/pages/files/eugs_review_web_13.pdf. 
169   https://ec.europa.eu/anti-trafficking/eu-policy/action-plan-human-rights-and-democracy-2015-2019_en. 
170   https://ec.europa.eu/anti-trafficking/eu-policy/joint-staff-working-document-gender-equality-and-womens-

empowerment-transforming-lives_en. 

171   http://ec.europa.eu/anti-trafficking/eu-policy/strategic-engagement-gender-equality-2016-2019. 

74 

 
 
 
 
 
 
                                                           
America.  The  programmes  ranged  from  a  short-term  capacity  building  actions,  to  more 
comprehensive  actions  aiming  at  reinforcing  prevention,  prosecution  and  protection 
frameworks.  Furthermore,  in  their  reporting,  the  European  Migration  Liaison  Officers 
(EMLOs)  are  tasked  to  also  specifically  address  the  situation  of  trafficking  in  human 
beings  in  the  countries  they  are  posted  in.  The  Commission  continues  to  work  in  close 
cooperation  with  EMLOs  and  EU  Delegations  in  key  origin  countries,  including  with  the 
support  of  relevant  EU  Agencies.  As  an  example,  in  this  context,  contacts  have  been 
promoted  between  Europol  Analysis  Project  Phoenix  and  relevant  national  authorities  in 
Nigeria, to improve law enforcement cooperation. 

The  EU  Western  Balkans  Strategy  mentions  that  organised  crime's  foothold  on  the 
Western Balkans remains  strong and stresses  the importance of cracking down on the 
business  model  of  organised  crime  and  trafficking  in  human  beings.  It  gives  further 
guidance:  the  authorities  must  dismantle  criminal  networks  and  their  economic  bases  more 
effectively,  making  systematic  use  of  financial  investigations  and  applying  more  targeted 
tools and enhanced judicial cooperation. This is of paramount importance with respect to our 
ultimate  goal,  which  remains  eradicating  the  crime  countering  the  culture  of  impunity  for 
perpetrators  throughout  the  trafficking  chain.  Coordination  work  to  facilitate  political 
dialogue between EU and non-EU national coordination bodies against trafficking in human 
beings is ongoing.  

In line with the European Neighbourhood Policy, revised in 2015, the Commission committed 
to  further address  the challenges of organised  crime, including  trafficking in  human beings. 
This  engagement  has  been  translated  in  technical  assistance  in  both  Eastern  and  Southern 
Neighbourhood  with  the  development  of  dedicated  activities  (e.g.  in  support  to  the  victims, 
capacity-building  activities  to  national  authorities  with  a  special  focus  on  financial 
investigation).  In  addition,  in  the  joint  declaration  with  20  deliverables  adopted  in  2017,  a 
specific trafficking in  human beings objective has been integrated, notably  with  the view to 
adopt  sexual  and  gender  based  violence/domestic  violence  legislation  in  all  Eastern 
Partnership  countries  and  to  have  effective  referral  mechanisms  in  place  for  victims  of 
violence. 

At  the  margins  of  the  5th  African  Union/European  Union  Summit  (29-30  November  2017, 
Abidjan)  discussions  were  held  to  take  concrete  steps  to  address  the  dramatic  situation  of 
migrants and refugees victims of criminal networks, in particular inside Libya. It was decided 
to  put  in  place  a  joint  EU-AU-UN  Task  Force  to  save  and  protect  lives  of  migrants  and 
refugees  along  the  routes  and  in  particular  inside  Libya,  accelerating  the  assisted  voluntary 
returns to countries of origin, and the resettlement of those in need of international protection, 
as part of the overall joint work to dismantle traffickers and criminal networks172. Since then, 
the joint AU-EU-UN work in Libya helped to assist more than 37,000 persons to return safely 
to  their  countries  of  origin  and  1,536  persons  in  need  of  protection  have  been  evacuated  to 
third countries through an Emergency Transit Mechanism. 

The CSDP focus in Libya is to assist in the building of State security structures, in particular 
in  the  areas  of  border  management,  law  enforcement  and  criminal  justice  with  a  view  to 
contributing  inter  alia  to  efforts  to  disrupt  organised  criminal  networks  involved  in  illicit 
activities,  notably  smuggling  of  migrants,  human  trafficking  and  terrorism  in  Libya  and  the 
Central Mediterranean region.  

172   http://europa.eu/rapid/press-release_STATEMENT-17-5029_en.htm 

75 

 
 
 
 
 
 
                                                           
In that regard the presence of EUNAVFOR MED Operation Sophia (Op Sophia) at sea has 
played  a  decisive  role  in  improving  overall  maritime  security  in  the  Central  Mediterranean. 
The  operation’s  broad  mandate,  allowing  to  disrupt  migrant  smuggling,  human  and  arms 
trafficking and to conduct  surveillance  activities, including  in  relation  to  oil smuggling, has 
effectively  turned  Op  Sophia  into  a  unique  multi-faceted  maritime  security  provider.  To 
achieve  accurate  situational  awareness  on  the  evolution  of  the  trafficking  and  smuggling 
activities and ensure complementarity of efforts with other actors, the operation has been able 
to  rely  on  an  extensive  network  put  in  place  over  the  past  three  years.    This  has  helped 
enhance  cooperation  with  a  wide  range  of  organisations  involved  in  the  fight  against 
smugglers  and  traffickers.    Op  Sophia  has  so  far  contributed  to  the  apprehension  of  151 
suspected  smugglers  and  traffickers  handed  over  to  the  relevant  Italian  authorities  and  has 
neutralised some 551 assets.  In parallel, whilst  the operation has only been in a position to 
inspect  three  vessels  under  the  provisions  of  UNSCR  2420  (which  led  to  seizures  of 
prohibited items), more than 1,700 hailing and more than 100 friendly approaches have been 
conducted, thereby allowing a better understanding of how routes can be used  by smugglers 
and  traffickers  on  the  high  seas.  Since  the  launch  of  training  as  an  additional  task  in 
September  2016,  Operation  Sophia  has  been  able  to  train  more  than  237  personnel  of  the 
Libyan coast  guard and navy both at sea and in  member states facilities. In addition, a pilot 
project  for  a  Crime  Information  Cell  (CIC)  pilot  project  was  established  as  part  of  ongoing 
efforts to strengthen the nexus between internal and external security and between CSDP/JHA 
actors. The CIC is a hub within the Operation Sophia, located on the flagship, where relevant 
actors are co-located to  facilitate cooperation and timely, two-way information exchange on 
issues  relating  to  crime  prevention,  investigation  and  prosecution,  in  accordance  with  the 
relevant  legal  mandates  of  all  parties.  The  CIC  pilot  project  launched  on  5  July  for  a  trial 
period of six months, and is staffed by representatives from Europol, the European Border and 
Coast Guard Agency (EBCGA) and from EUNAVFOR MED Operation Sophia. 

EUBAM  Libya's  return  to  Tripoli  has  resulted  in  an  increased  support  to  the  Libyan 
authorities in the areas of border management, law enforcement and criminal justice with the 
clear intent of further operationalising and expanding its engagement to contribute to the fight 
against criminal networks involved in illicit activities. In that regard EUBAM has supported 
the ongoing development of a Libyan integrated border management strategy, the creation of 
a  coordination  mechanism  for  Libyan  law  enforcement  agencies  involved  in  fighting 
organised crime and will further, in the new mandate, address also financial investigations and 
financial  crimes  as  being  a  conducive  and  vital  element  of  organised  crime  as  well  as 
enhancing law enforcement-prosecutor cooperation.  

2017 Communication Deliverables 

In the context of the EU-UN Spotlight Initiative to eliminate violence against women and 
girls, the first project entitled "Safe and Fair" was launched this year in Bangkok, by ILO and 
UN Women. It aims to improve the legal, policy and institutional frameworks in the ASEAN 
region,  ensure  better  access  to  information  and  quality  services  and  thus  empower  female 
migrant  workers,  making  them  less  vulnerable  to  exploitation,  trafficking  and  abuse. 
Furthermore, the EU Civil Society Platform meeting of 28-29 May 2018 included a dedicated 
workshop, to encourage civil society engagement and sharing of positive relevant experiences 
of cooperation with relevant actors in non-EU countries. This is further in line with the cross 
cutting  priority  of  supporting  anti-trafficking  objectives  and  priorities,  including  projects 
taking particular account of the gender dimension of the phenomenon. 

76 

 
 
 
 
 
 
8. Crosscutting Priorities 
In addition to the three specific priorities, two cross-cutting priorities have been identified to 
continue  widening  the  knowledge  base  and  improving  understanding  of  this  complex 
phenomenon, and to provide appropriate funding in support of anti-trafficking initiatives and 
projects.  

For widening the knowledge base two studies have been launched: 1) Study on the economic, 
social  and  human  costs  of  trafficking  and  2)  Study  on  the  impact  of  the  EU  approach  to 
combating trafficking for sexual exploitation. 173 

8.1. Statistical Data Collection  
The  2017  Communication  lays  down  that  understanding  the  nature,  scale  and  costs  of  the 
crime  is  key  to  ensuring  appropriate  action  at  the  EU  level  to  prevent  the  phenomenon  of 
trafficking in human beings from happening. Research, reliable and comprehensive statistics 
are  crucial  in  identifying  and  addressing  trends,  developing  evidence-based  policy,  and 
measuring the impact of individual initiatives. With the implementation of the Strategy, sound 
basic data on trafficking in human beings have been gathered at EU level, but this needs to be 
developed further. The Commission will continue to develop data collection methodologies to 
produce  comparable  statistics  on  trafficking  in  human  beings  within  the  EU.  It  will  also 
follow  up  the  EU-wide  survey  on  the  availability  of  data  concerning  trafficking  in  human 
beings in EU countries that was conducted in 2017. 

The Council of Europe Group of Experts on Trafficking in Human Beings174on Statistics 
GRETA  has  stressed  the  need  for  developing  and  maintaining  comprehensive  and  coherent 
statistics  regarding  victims,  which  should  be  collected  from  all  main  actors  and  allow 
disaggregation concerning sex, age, type of exploitation, country of origin and/or destination. 
This should be accompanied by all the necessary measures to respect the right of data subjects 
to personal data protection, including when NGOs working with victims are asked to provide 
information for the national database. 

The  2017  collection  of  data  on  trafficking  in  human  beings  covering  reference  years  2015-
2016 (and 2014 as relevant) for the second Commission progress report is based on Directive 
2011/36/EU  and  has  been  part  of  the  EU  effort  to  improve  the  quality  and  availability  of 
trafficking  in  human  beings  data.  The  objective  of  this  data  collection  and  analysis  is  to 
support  the  development  of  the  quality  and  comparability  of  data  on  trafficking  in  human 
beings in EU Member States, with due regard to the EU legal and policy approach175, namely 

173   Tender available at: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3932 
174   https://rm.coe.int/greta-2018-1-7gr-en/16807af20e. 
175   Directive  2011/36/EU  emphasises  that  'the  Union  should  continue  to  develop  its  work  on  methodologies 
and  data  collection  methods  to  produce  comparable  statistics  on  trafficking  in  human  beings’.  More 
specifically, Article 19 of the Directive stresses the importance of gathering statistics, stating that 'Member 
States  shall  take  the  necessary  measures  to  establish  national  rapporteurs  or  equivalent  mechanisms.  The 
tasks of such  mechanisms shall include  the  carrying out of assessments of trends in trafficking in  human 
beings,  the  measuring  of  results  of  anti-trafficking  actions,  including  the  gathering  of  statistics  in  close 
cooperation  with  relevant  civil  society  organisations  active  in  this  field,  and  reporting.'  Article  20  of  the 
same  Directive  specifies  that  ‘in  order  to  contribute  to  a  coordinated  and  consolidated  Union  strategy 
against  trafficking  in  human  beings,  Member  States  shall  facilitate  the  tasks  of  an  anti-trafficking 
coordinator (EU ATC). In particular, Member States shall transmit to the EU ATC the information referred 

77 

 
 
 
 
 
 
 
 
                                                           
to support the victim centred, gender specific and child sensitive approach. It builds on earlier 
data collections carried out for the Eurostat Statistical Working papers (2013176 and 2014, 
updated  in  2015177)  and  the  first  progress  report,  as  well  as  on  the  replies  of  Member 
States  to  the  data  availability  survey  carried  out  in  2017178.  The  data  collection 
questionnaire  updates  the  content  of  the  previous  Eurostat  questionnaires  by  requesting 
further information for policy purposes.  

Following consultations with the EU network of NREMs, on 10 July 2017, the questionnaire 
was sent by the Office of the EU Anti-Trafficking Coordinator to the NREMs, accompanied 
by  "Guidance  for  the  Reports  to  be  submitted  by  the  Member  States  as  per  Article  20  of 
Directive  2011/36/EU  for  the  Second  Report  on  the  Progress  made  in  the  fight  against 
trafficking  in  human  beings"  and  by  updated  guidelines  for  data  collection,  including  the 
indicators.  The  data  collection  guidelines  were  based  on  Eurostat  guidelines  for  its  second 
statistical  working  paper  and  were  adapted,  as  relevant  and  appropriate,  including  also 
additional indicators and disaggregation requested due to the current socio-political context to 
support policy needs. 

The  replies  by  EU  Member  States  were  analysed  with  the  support  of  Eurostat.  Based  on 
Eurostat's requests for clarifications, the Office of EU Anti-Trafficking Coordinator contacted 
NREMs.  Received and  processed data based on these exchanges have been sent  to  NREMs 
for their final validation. The confirmed data by EU Member States have been transmitted to 
an external contractor, Lancaster University, who carried out the data analysis and provided 
recommendations on a potential way forward. The results of this data collection are published 
in a study together with the progress report. 

These initiatives form part of the EU efforts for making available data at EU level annually 
from the criminal justice system of Member States on trafficking in human beings collected 
regularly, based on the quality and availability of such data.  

In addition,  for the purpose of this second report, Member States refer to their  initiatives to 
improve statistics and information on trafficking  in human beings, including its victims. FR 
reports  on  its  2015  survey  on  data  developed  in  partnership  with  the  collective  ‘Together 
Against  Trafficking  in  Human  Beings’(‘Ensemble  contre  la  traite  des  êtres  humains"), 
MIPROF  and  the  National  Observatory  for  Deliquance  and  Replies  to  Criminal  Matters 
("l’Observatoire National de la Délinquance et des Réponses Pénales’, ONDRP) addressed to 
associations  involved  in  identification,  care  and  support  to  victims  of  trafficking  in  human 
beings in France, covering the number of victims, their gender, age and origin, the conditions 
of their exploitations and steps to be taken. Its results were published in June 2017, relating to 
the victims in the course of 2015.  

Slovakia reported that in 2016 a unified statistical system for collecting data for presumed and 
identified victims of trafficking was put in place, where double counting does not occur. The 

to  in  Article  19,  on  the  basis  of  which  the  EU  ATC  shall  contribute  to  reporting  carried  out  by  the 
Commission every two years on the progress made in the fight against trafficking in human beings.’ 

176  https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/trafficking_in_human_beings_-_dghome-

eurostat_en_1.pdf. 
177  https://ec.europa.eu/anti-

trafficking/sites/antitrafficking/files/eurostat_report_on_trafficking_in_human_beings_-_2015_edition.pdf. 
178  The  data  availability  survey  was  later  carried  out  by  Eurostat  via  the  national  statistical  authorities,  who 

cooperated with the NREMs. 

78 

 
 
 
 
 
 
 
                                                                                                                                                                                     
work done in recent years by the Spanish Counterterrorism and Organised Crime Intelligence 
Centre (CITCO) is also an example. CITCO’s specific functions include management of the 
information supplied by the State Security Forces concerning trafficking for several forms of 
exploitation  (sexual,  labour,  forced  marriage,  begging,  criminal  activities)  from  a  twin 
standpoint: preventive and repressive. In the field of trafficking in human beings, the CITCO 
has  concentrated  on  devising  a  data-collection  system  making  it  possible  to  use  the 
information available on the phenomenon, initially the sexual aspect, while acting as a basic 
tool  in  elaborating  strategic  intelligence  on  the  matter.  Following  approval  of  the 
Comprehensive  Plan  to  Combat  Trafficking  of  Women  and  Girls  for  sexual  exploitation 
(2015-2018), the CITCO was given the specific task of updating and improve the database on 
trafficking  in  human  beings,  encouraging  the  incorporation  of  information  from  all 
administrations and from the organisations specialised in integral care for victims. Moreover, 
since 2014, the Centre has been designated as a focal point in this question, as backup to the 
National Human Trafficking Rapporteur.  

8.2. National Estimates 
EU-wide data collection, based on the Directive 2011/36/EU, relates to gathering of statistics 
in close cooperation with relevant civil society organisations active in this field and reporting 
it  to  the  EU  Anti-trafficking  Coordinator.  The  Commission  first  progress  report  notes  with 
regard to EU-wide reported statistics that 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. Registered victims of trafficking are those who are identified formally or 
are presumed to be victims of trafficking; however research demonstrates that there may be a 
high volume of hidden population.  

In  September  2017,  the  Dutch  National  Rapporteur  on  Trafficking  in  Human  Beings  and 
Sexual  Violence  against  Children  and  the  United  Nations  Office  on  Drugs  and  Crime 
(UNODC) presented a research report that reflected the first reliable estimate of the extent of 
trafficking  in  human  beings  in  the  Netherlands,  via  multiple  systems  estimation  (MSE) 
methodology179.  According  to  this  research  report,  in  the  Netherlands,  the  estimated  annual 
number of victims of trafficking lies around 6 250. This  is  about  five times higher than the 
number of registered victims, meaning that many victims stay out of sight of authorities and 
support agencies.  

Based on this  research, in  2018 for the first  time the Dutch National  Rapporteur on Human 
Trafficking released a substantiated national estimate of the true number of victims of human 
trafficking,  in  the  publication  ‘Victims  of  Human  Trafficking  Periodical  Report  2012-
2016’180.  According  to  this  report,  domestic  sex  trafficking  is  the  most  common  form  of 
human  trafficking  in  the  Netherlands:  each  year  there  are  approximately  3  000  victims, 
accounting for 46% of all human trafficking victims. Almost half of these (1 320) are minor 
girls. This group is also the least visible: only 11% is actually identified as a victim, and thus 
receives help and care.  

8.3. Funding 
The  2017  Communication  identifies  as  cross  cutting  action  to  support  anti-trafficking 
objectives within and outside the EU, taking particular account of the gender dimension of 

179   http://www.unodc.org/documents/research/UNODC-DNR_research_brief.pdf. 
180  https://www.dutchrapporteur.nl/binaries/FINAL_BNRM-Victims%20of%20Human%20Trafficking-

%20Periodical%20Report%202012-2016_INTERACTIVE_tcm24-353879.pdf 

79 

 
 
 
 
 
 
                                                           
the  phenomenon,  high-risk  groups,  as  well  as  high-risk  sectors  through  various  EU  funding 
programmes.  This  approach  took  into  consideration  the  Commission’s  Comprehensive 
Policy  Review  of  anti-trafficking  projects,  published  in  2016  (see  below  for  more 
information).  

The Commission continued to publish calls for proposals addressing trafficking in human 
beings  under  the  Internal  Security  Fund  and  the  Asylum  Migration  and  Integration 
Fund.  

Addressing trafficking in human beings is proposed to be supported in the next Multiannual 
Financial  Framework as  well in  the Commission's proposals  for a new  Border Management 
and Visa Instrument, the reinforced Asylum and Migration Fund and the reinforced Internal 
Security  Fund,181  to  ensure  prevention  and  fight  against  trafficking  of  human  beings  and 
identification,, support and protection of victims of trafficking in human beings.182 

In  close  cooperation  with  relevant  services,  efforts  are  ongoing  to  ensure  funded  projects 
addressing  trafficking  in  human  beings  or  including  a  component  on  trafficking  in  human 
beings are in line with policy priorities. In this context, as an example, a gender perspective is 
integrated  in  relevant  projects  contributing  to  address  trafficking  in  human  beings  in  the 
Central Mediterranean route, including in the context of the EU Trust Fund for Africa and in 
the 2017 AMIF and ISF Police calls.  

EU  Justice  and  Home  Affairs  Agencies  (Europol  and  Eurojust)  received  funding  for  their 
operational actions (see in part 7.3.). 

Comprehensive Policy Review of EC funded anti-trafficking projects183 
The  study  aimed  at  conducting  a  comprehensive  review  of  European  Commission  funded 
anti-trafficking  projects  in  order  to  enhance  coordination,  avoid  duplication  and  provide  a 
solid  basis  for  coherent,  cost-effective  and  strategic  planning.  It  mapped  and  analysed  the 
distribution  of  such  projects  according  to  their  scope  of  intervention,  geographic  areas  of 
intervention,  fields,  actors,  target  beneficiaries,  funding  level,  types  of  output,  policy 
recommendations  and  other  relevant  aspects.  It  further  sought  to  identify  and  assess  their 
contribution to the objectives of the EU anti-trafficking strategy, as well as to identify trends 
and emerging research and policy questions.  

The final data set included 321 EC-funded projects with Commission funding of EUR 158.5 
million.  The  projects  examined  were  contracted  to  start  between  2004  and  2015  and  were 
awarded  to  221  different  principal  grant  holders  in  62  different  countries  worldwide, 
including 26 EU Member States.  

Two thirds of funded projects and EC funding was awarded to principal grant holders located 
in  EU  Member  States  and  one  third  to  principal  grant  holders  located  in  non-EU  countries. 

181   Please refer to the text of the proposals and for further information at: 

https://ec.europa.eu/commission/publications/factsheets-long-term-budget-proposals_en,  
https://ec.europa.eu/commission/publications/migration-and-border-management_en and 
https://ec.europa.eu/commission/publications/security-and-defence_en. 

182   The  staff  working  document  accompanying  the  Commission's  Impact  assessment  for  its  proposals  for 
regulations  (SWD(2018) 347 final)  for  the  new  DG  HOME  funding  instruments  have  taken  into  account 
the policy aims trafficking in human beings. 

183   https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/study_on_comprehensive_policy_review.pdf. 
80 

 
 
 
 
 
 
 
 
 
                                                           
Just over half of funded projects were led by non-governmental organisations (NGOs) (52 %). 
Other  principal  grant  holders  included:  State  agencies,  international  organisations,  and 
universities and other research organisations.  

Of those awarded multiple funded projects, five have been awarded five or more [IOM (13); 
ICMPD (8);  ILO  (7);  UNODC (6);  and Save the Children  Italy  (5)]. One of these principal 
grant holders is a non-governmental organisation the rest are international organisations. The 
five principal grant holders received just over EUR 42.5 million of EC funding for these 39 
funded  projects  (12  %  of  the  total  number  of  funded  projects).  This  EUR  42.5  million  is 
almost one third (27 %) of the total EC funding for the funded projects.  

As well as the principal grant holder, many funded projects had additional partners contracted 
on the project. The majority of these partner organisations were not themselves principal grant 
holders  for  the  funded  projects,  but  51  principal  grant  holders  were  also  partners  on  other 
funded projects in the analysis Data Set. Eight of these principal grant holders were partners 
on five or more other funded projects (International Centre for Migration Policy development, 
International  Labour  Organisation,  International  Organisation  for  Migration,  La  Strada 
International, La Strada Czech Republic, the National Agency against Trafficking in Persons, 
On the Road and Payoke).   

The highest proportion of funded projects and EC funding was allocated to funded projects, 
which did  not  focus  on one specific form  of exploitation,  but rather covered multiple forms 
(44 % and 56 % respectively), followed by funded projects on child trafficking (23 % and 19 
%  respectively).  Funded  projects  on  child  trafficking  were  awarded  EUR  30.5  million. 
Funded projects on Labour exploitation received the third highest level of EC funding, worth 
EUR  22  million.  A  higher  proportion  of  EC  funding  is  awarded  to  funded  projects  on 
trafficking for labour exploitation (14 %) than to those on trafficking for sexual exploitation 
(7 %). This is despite the fact that an equal proportion of funded projects focus on trafficking 
for labour exploitation (12 %) as trafficking for sexual exploitation (14 %). The average EC 
funding per project on labour exploitation was double the average EC funding per project on 
sexual exploitation (EUR 569,308 and EUR 231,429 respectively).  

Less  than  20  %  of  funded  projects  are  gender-specific,  i.e.  are  on  trafficking  for  sexual 
exploitation,  or  are  on  trafficking  of  women  and  children,  or  trafficking  of  women.  These 
funded projects have the lowest average funding per project compared to those on other forms 
of exploitation, including labour exploitation, where the average funding per project is double 
that of funded projects on sexual exploitation (EUR 569,308 and EUR 231,429 respectively). 

8.3.1. Funding for the period 2014-2017  
In their reports, many Member States refer to national and EU funding for anti-trafficking 
initiatives  during  the  period  of  2014  and  2017.  National  funding  is  directed  for  actions 
promoting victims assistance, support and protection, including shelters and provision of legal 
and  psychosocial  support.  Member  States  report  on  the  difficulties  to  calculate  national 
funding  allocated  for  anti-trafficking  measures  and  activities,  as  institutions  do  not  have  a 
specific  budget  heading  (e.g.  BG,  LV).  Many  Member  States  report  on  participating  in 
European  Commission  funded  projects,  including  in  the  previous  years,  as  in  the  case  of 
projects  co-financed by  ISEC,  and currently by the Asylum  Integration and Migration Fund 
(AMIF). 

81 

 
 
 
 
 
 
 
 
Based on identified national needs, in the 2014-2020 programming period EU co-funding is 
available  for  anti-trafficking  objectives  in  the  national  programmes  under  shared 
management via the Asylum  Integration and Migration Fund (AMIF), the Internal Security 
Funds  -  Police  cooperation,  preventing  and  combating  crime,  and  crisis  management  (ISF-
Police) and the ISF Borders and Visa (ISF Borders). The implementation of the programmes 
is  ongoing.  The  interim  evaluations  of  the  AMIF,  ISF  Police  and  ISF  Borders  refer  to 
trafficking  in  human  beings.184  Member  States  have  included  anti-trafficking  objectives  in 
their national AMIF programmes, including to address the needs of trafficking victims in the 
context of reception/asylum, voluntary return and integration measures, and capacity building. 
In  ISF  Police  national  programmes  trafficking  is  mentioned  in  relation  to  the  objectives  of 
prevention  and  combatting  crimes,  victims  support,  exchange  of  information,  and  training. 
Under some national programmes of ISF Borders, trafficking is mentioned, among others, in 
relation to the identification of victims and information exchange.  

Funds  directly  managed  by  Directorate  General  on  Migration  and  Home  Affairs  have  been 
made available for realising anti-trafficking objectives via the 2015 AMIF and ISF-Police call 
for proposals, and the 2017 and 2018 AMIF and 2017 ISF Police calls for proposals.  

For  the  2017  AMIF  call,  with  respect  to  the  priority  for  the  integration  of  third  country 
national  victims  of  trafficking,  for  8  proposals  a  grant  agreement  is  under  signature 
concerning EC funding up to 3.548.111 EUR. For the 2017 ISF Police call for proposal, for 4 
proposals  a  grant  agreement  is  under  signature  for  a  total  budget  of  1.293.361  EUR.  Both 
2017 calls took into account the strong gender dimension of the crime and the child sensitive 
approach,  while  calling  for  projects  in  line  with  the  policy  priorities  of  the  European 
Commission. 

Horizon  2020  Work  Programme  2018-2020  on  "Secure  societies-  Protecting  freedom  and 
security  of  Europe  and  its  citizens"  Sub-topic  (2018)  includes  trafficking  in  human  beings 
under  ‘New  methods  to  prevent,  investigate  and  mitigate  trafficking  of  human  beings  and 
child  sexual  exploitation  –  and  on  the  protection  of  victims’.  185  The  migration  clusters  of 
Horizon  2020  Work  Programme  2018-2020  have  included  specific  themes  to  address 
trafficking in human beings, in particular  ‘Europe in a changing world – Inclusive, innovative 
and reflective societies’ included reference to trafficking in human beings in one of the topics 
on  migration  governance  (MIGRATION-02-2018:  Towards  forward-looking  migration 
governance:  addressing 
future 
strategies)186. 

the  challenges,  assessing  capacities  and  designing 

The European Structural Investment Funds can provide also a possibility to support anti-
trafficking initiatives in Member States, based on their identified needs. 

Civil  society  decries  a  general  scarcity  of  financial  support  for  accommodation  and  social 
support to victims. Civil society submissions point to the scarce budgetary resources foreseen 
during  adoption  of  national  programmes.  Furthermore,  civil  society  notes  the  lack  of 
sustainable  funding,  which  does  not  allow  for  long-term  planning.  Additionally,  the  civil 
society calls for more funding allocated to direct support to services and less towards research 

184    COM(2018) 464 final; SWD(2018) 339 final, SWD(2018) 340 final and SWD(2018) 341 final. 
185   http://ec.europa.eu/research/participants/data/ref/h2020/wp/2018-2020/main/h2020-wp1820-

security_en.pdf. 

186  https://ec.europa.eu/research/participants/portal/desktop/en/opportunities/h2020/topics/migration-02-

2018.html. 

82 

 
 
 
 
 
 
 
                                                           
activities. What is more, civil society calls for more accountability and traceability of funding 
from  different  national  budget  lines.  Information  on how funding is  allocated and by which 
sources is not always accessible. Potential duplication of funding and lack of coordination is 
also  noted.  In  addition,  civil  society  submissions  point  out  that  while  they  are  included  in 
national action plans or national referral mechanisms, at times there is no funding allocation 
from the side of the government for ensuring implementation of actions attributed to the civil 
society.  Finally, some civil society organisations note the difficulty raised by the requirement 
and application and auditing process for European Commission financing.  

It  is  thus  important  to  continue  using  funding  allocated  by  Directorate  General  on 
Migration  and  Home  Affairs  shared  management  funding  via  AMIF  and  ISF 
programmes, and via the available instruments, including directly managed grants and 
provided  in  various  the  European  Commission  funding  instruments  for  measures  to 
address trafficking in human beings. 

83 

 
 
 
 
 
ANNEX I 
UPDATE ON THE IMPLEMENTATION OF DIRECTIVE 2004/81/EC 
Directive 2004/81/EC (“the Directive”) regulates the granting of a temporary residence permit 
to third-country national victims of trafficking in human beings or who have been the subject 
of  an  action  to  facilitate  illegal  immigration,  who  cooperate  with  the  authorities  for  the 
investigation and prosecution of the alleged traffickers187. Since its adoption in 2004, the EU 
has  taken  major  steps  to  address  trafficking  in  human  beings,  mainly  revolving  around  the 
adoption of Directive 2011/36/EU on preventing and combating trafficking in human beings 
and protecting its victims188. 

The Commission adopted two reports on the implementation of the Directive as per Article 16 
thereof,  in  2010189  and  2014190.  This  annex191  intends  to  provide  an  update  of  the  latter, 
focussing on the specifics of the Directive rather than on the elements that are already covered 
by Directive 2011/36/EU. The way this update complements the second Progress Report and 
its  accompanying  staff  working  document  materialises  the  connection  between  the  two 
Directives and the overarching role of Directive 2011/36/EU. In fact, while the Directive sets 
out  specific  rules  concerning  residence  permits  and  treatment  of  third-country  nationals 
cooperating with the authorities, Directive 2011/36/EU applies as a horizontal framework to 
prevent and combat trafficking in human beings and protecting its victims, both EU and non-
EU  citizens.  It  further  reinforces  or  expands  some  of  the  provisions  contained  in  Directive 
2004/81/EU. The two texts have therefore to be read jointly and their implementation has to 
be assessed as a whole.  

According to the latest Eurostat data192, 690 first residence permits193 were granted in 2015, 
963 in 2016 and 924 in 2017, while 12 Member States did not grant or report any in 2015-
2016. 

First permits issued for victims of trafficking in human beings  
Last update: 29-08-2018 

Belgium 
Bulgaria 
Czech Republic 
Germany 
Estonia 
Greece 
Spain 
France 

2015 
67 
0 
0 
4 
2 
3 
78 
46 

2016 
48 
0 
0 
9 
0 
1 
141 
75 

2017 
69 
0 
0 
22 
0 
0 
127 
113 

187   OJ L 261, 06/08/2004. 
188  OJ L 101, 15/4/2011. 
189   COM(2010) 493. 
190   COM(2014) 635. 
191   This update is based on Member States’ input until 23 July 2018 as well as on targeted consultations with 
the  EU network of  National  Rapporteurs or Equivalent Mechanisms (NREMs) on Trafficking in Human 
Beings  and  the  EU  Civil  Society  Platform  against  Trafficking  in  Human  Beings  in  December  2016.  All 
Member States (MS) bound by the Directive have been given the opportunity to review the relevant factual 
information contained in this update. IE, DK and UK do not take part in the Directive. In this report, ‘MS’ 
means the MS bound by the Directive.  

192   http://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do (as of 11 September 2018). 
193   Since UK, IE and DK are not bound by Directive 2004/81/EC, they have not been taken into account in the 

quoted total number of residence permits issued in 2015, 2016 and 2017. 

84 

 
 
 
 
 
 
                                                           
Croatia 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
Source: Eurostat 

0 
288 
32 
0 
0 
0 
0 
0 
137 
0 
17 
1 
0 
0 
0 
9 
6 

0 
351 
9 
0 
0 
0 
0 
0 
119 
0 
171 
29 
0 
0 
0 
8 
2 

0 
394 
8 
0 
0 
0 
0 
14 
153 
0 
13 
n/a 
0 
1 
0 
1 
9 

1.  Targeted Consultations  

The EU Action Plan against migrant  smuggling  (2015-2020)194 included, under its  pillar on 
prevention and protection of vulnerable migrants, the launch of consultations on the Directive 
by 2016, to gather targeted feedback on its implementation, identify existing challenges and 
envisage  possible  way  forward.  As  a  result,  the  Commission  carried  out  consultations  in 
December 2016 through a questionnaire and during a meeting of the EU network of National 
Rapporteurs or Equivalent Mechanisms (NREMs) on Trafficking in Human Beings and with 
the EU Civil Society Platform against Trafficking in Human Beings195.   

The  questionnaire  focused  on  the  usefulness,  scope  and  actual  implementation  of  the 
Directive to gather views and updates. The feedback on the purpose and use of the Directive 
was broadly positive. Overall NREMs did not consider the Directive as underutilised. When 
the Directive was considered as not used or used in a limited fashion, the following reasons 
were put forward: (i) lack of third country national victims in their country (ii) difficulties in 
identifying victims and/or prosecuting the suspects (iii) availability of other options, such as 
refugee status, family reunification, or humanitarian permits for instance. Interestingly, while 
confirming the need and value of the reflection period, several NREMs noted that in practice 

194   COM(2015) 285 final. 
195   The EU network of National Rapporteurs and/or Equivalent Mechanisms on Trafficking in Human Beings 
was established following Council Conclusions in June 2009. In accordance with the Council Conclusions, 
each Member State was invited to designate a National Rapporteur or equivalent mechanism to participate 
in the Network with the scope of activity that includes collection of information and advising on trafficking 
in human beings. Furthermore, the role of the NREMs is  elaborated in the Anti-trafficking Directive and 
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.  It  is  important  to  stress  that  neither  the  Council  Conclusions  nor  the  Anti-
trafficking  Directive  refer  to  the  concept  of  independence  for  the  National  Rapporteurs  or  Equivalent 
Mechanisms, but rather describe their tasks and reporting obligations. Those represented in the EU NREMs 
Network are, therefore, National Rapporteurs in their independent capacity as defined in national laws, as 
well  as  National  Rapporteurs  or  equivalent  mechanisms  working  for  or  representing  the  national 
authorities. A few Member States participate in the NREMs Network with both a national rapporteur and a 
national coordinator within the national administration. 

85 

 
 
 
 
                                                           
most victims did not use it and immediately knew whether they wanted to cooperate with the 
authorities and get a temporary residence permit or not. On the victim’s cooperation with the 
competent  authorities  being  a  core  condition  under  the  Directive,  most  NREMs  reiterated 
their  support  thereto.  However,  sometimes  cooperation  is  not  a  condition  for  obtaining  a 
residence  permit,  or  residence  permits  on  other  grounds  are  still  available  for  victims  not 
willing  to  cooperate,  such  as  permits  based  on  humanitarian  grounds  or  personal 
circumstances. Finally, there seems to be an emerging consensus on the need to think beyond 
the  judicial  phase  and  envisage  long-term  residence  permits  to  victims,  as  an  incentive  to 
cooperate as well as a way to strengthen legal certainty. Some NREMs have merely expressed 
positive  opinions  while  others  have  shared  the  national  provisions  already  in  place  in  this 
regard196. 

This feedback to the questionnaire was discussed during the meeting of the EU Network 
of NREMs on Trafficking in Human Beings, which was held in Brussels on 5- 6 of December 
2016  and  gathered  NREMs  from  28  MS.  The  meeting  was  co-chaired  by  the  Slovak 
Presidency of the Council of the European Union and the EU Anti-Trafficking Coordinator. 
The discussions shed light on additional issues to the input provided in writing, such as lack 
of training and lack of available data that further challenges the use of residence permits and 
the sharing of best practices, or the gap between the law and its actual implementation and the 
possible lack of incentives for victims to come forward.  

The Eighth Meeting of the EU Civil Society Platform against Trafficking in Human Beings 
was held in Brussels on 6-7 December 2016. The Platform brings together non-governmental 
organisations from  across the EU. The Directive was discussed in the context of workshops 
during  the  second  day.  Among  the  main  criticisms,  those  which  were  more  often  stressed 
referred to  the too  short duration of the reflection period and the lack of consistency across 
Member States in this regard, the gender-blind nature of the Directive, the lack of data, and 
the need for a multi-sectorial approach for the identification of victim. The participants raised 
concerns over the limits inherent to the 'conditionality' aspect of the permit delivery as set out 
in the Directive, as victims are often too afraid to cooperate with the authorities and therefore 
tend  to  fall  outside  of  the  system.  It  was  further  noted  that  victims  often  see  asylum  as  a 
preferable  route  respect  to  a  residence  status  as  a  trafficking  victim,  and  that  cooperation 
between law enforcement and NGOs needs to be strengthened.  

Besides, both consultations showed that only a few legislative changes directly linked to the 
Directive  seemed  to  have  occurred  since  2014,  with  most  of  those  having  an  impact  on  its 
implementation deriving from the transposition of Directive 2011/36/EU.  

196   In BE a definitive residence permit can be granted to the victim at the end of the judicial proceedings. It is 
considered as a good practice as it facilitates the long-term integration of the victim as well as it gives more 
sense  to  his/her  collaboration  with  the  authorities.  In  FR  when  the  suspect  is  convicted,  the  victim  is 
automatically provided with a renewable 10-year residence permit.  After the end of judicial proceedings, 
the  victim  is  granted  with  a  residence  and  work  permit  for  5  years,  and  after  5  years  of  residence,  a 
permanent residence permit is granted. In DE, a new law adopted in 2015 improved the residence status  of 
victims  and  legal  certainty,  including  by  the  possibility  of  prolonging  the  residence  permit  due  to 
humanitarian  or  personal  reasons  even  after  the  completion  of  the  criminal  proceedings  against  the 
offender.  In  NL,  when  the  victim  has  pressed  charges  and  the  prosecution  results  in  a  conviction  of  the 
perpetrator, the victim can obtain a non-temporary residence permit. If the prosecution continues for at least 
3 years the victim can apply for continued stay, even if the criminal case is still pending or the charges are 
eventually dropped. 

86 

 
 
 
 
 
 
                                                           
2.  Member States’ contributions   

Member States provided an update on the main national legislative changes since 2014 as 
well major policy developments. Out of the 18 Member States that replied to the requests for 
updates,  four  indicated  no  change  in  their  legislation197  and  14  passed  on  new  relevant 
provisions198. Eight Member States did not reply199 (as of 23 July 2018). 

Overall, those contributions confirm  that legislative changes directly linked to  the Directive 
are limited but positively impact its implementation. In particular, some Member States have 
improved  the  definition  and  scope  of  the  residence  permits200,  others  have  enacted  or 
broadened  the  rights  and  obligations  pertaining  to  the  reflection  period  201,  some  have 
extended the role of reception centres202 or aligned the duration of the residence permit with 
the Directive requirement203.  

Besides,  provisions  pertaining  to  victim  identification,  provision  of  information,  support, 
assistance and protection given to victims, including children, have been strengthened because 
of the transposition of Directive 2011/36/EU. For example, some Member States now include 
victims of trafficking in human beings who cooperate in criminal proceedings in their witness 
protection  programs204  or  promote  a  more  widespread  use  of  telecommunications  tools  in 
proceedings  205.  Some  others  have  strengthened  the  provisions  related  to  victims  who  are 
unaccompanied minors206, whereas others have built comprehensive recovery and integration 
programmes and secured the access of the victims with a residence permit thereto207. 

However, some minor changes may still indicate a step back in some Member States208. These 
might need to be further assessed.   

197   AT, EL, MT, NL. 
198   BE, BG, CY, EE, FI, FR, HR, HU, LU, LV, PL, RO, SI, SK. 
199   CZ,  DE,  ES,  IT,  LT,  PT,  SE ;  However,  CZ,  DE,  ES,  IT,  LT  and  PT  replied  to  the  questions  on  the 
practical implementation of the Directive circulated in advance of the meeting of the National Rapporteurs 
or Equivalent Mechanisms (NREMs) in December 2016. DK, IE and UK are not bound by the Directive. 

200   For instance CY introduced a definition and scope of residence permits for victims of trafficking.  
201   LU clarified the fact that victims have the right of a reflection period during which he/she is not obliged to 
cooperate  with  the  Police;  FI  added  the  explicit  prohibition  for  prosecutors  and  police  to  get  in  touch  or 
seek  information  during  the  reflection  period,  unless  limited  exceptions;  EE  enacted  the  prohibition  of 
expulsion  and  CY  extended  it  even  before  the  reflection  period  from  the  moment  any  service  concerned 
identifies or is informed  in any way regarding the likelihood of the said person being a victim. 

202   FI  for  instance  designated  a  Reception  Centre  that  can  decide  on  granting  /  continuing  /  suspending  a 

reflection period before the police or border authority. 

203   For instance, residence permits have now a duration of 6 to 12 months in EE. 
204   CY, HU, PL. 
205   HU. 
206   SI has introduced the obligation for the police to make all the necessary arrangements to contact the family 
as quickly as possible; PL has introduced the possibility to grant a temporary residence permit to a minor 
independently of his/her cooperation with the competent authority; the new SOPs of the Croatian Ministry 
of Demography, Family, Youth and Social Policy concerning Victims of Human Trafficking and adopted in 
2017 modify the general framework of protection of victims, including minors.  

207   In BE, CY, EE, or LV for instance. 
208   PL has added the attempt or actual irregular crossing of the border while in possession of a residence permit 
as  a  new  ground  for  termination;  RO  seems  to  have  suppressed  the  possible  inclusion  of  victims  with  a 
residence permit in witness protection programmes as well as the explicit possibility to extend the duration 
of the permit. 

87 

 
 
 
 
 
 
 
                                                           
EU Legislation  

List of referenced documents 

  Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the 
freezing and confiscation of instrumentalities and proceeds of crime in the European Union, 
OJ L 127, 29.4.2014 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0042 

  Directive 2014/95/EU Directive 2014/95/EU of the European Parliament  and of the Council 
of  22  October  2014  amending  Directive  2013/34/EU  as  regards  disclosure  of  non-financial 
and diversity information by certain large undertakings and groups, OJ L 330, 15.11.2014 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0095 

  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on 

public procurement and repealing Directive 2004/18/EC,  
OJ L 94, 28.3.2014  
https://eur-lex.europa.eu/legal-content/FRF/TXT/?uri=celex:32014L0024 

  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on 

the award of concession contracts , OJ L 94, 28.3.2014  
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32014L0023 

  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on 
procurement  by  entities  operating in  the water, energy, transport  and postal services sectors 
and repealing Directive 2004/17/EC OJ L 94, 28.3.2014  
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0025 

  Directive  2011/36/EU  on  preventing  and  combating  trafficking  in  human  beings  and 

protecting its victims, OJ L 101, 15.4.2011 
http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32011L0036 

  Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 
on combating the sexual abuse and sexual exploitation of children and child pornography, and 
replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011 
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32011L0093  

  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, OJ 
L 315, 14.11.2012 
http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1421925131614&uri=CELEX:32012L0029 

  Directive  2009/52/EC  of  the  European  Parliament  and  of  the  Council  of  18  June  2009 
providing  for  minimum  standards  on  sanctions  and  measures  against  employers  of  illegally 
staying third-country nationals, OJ L 168, 30.6.2009  
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32009L0052 

88 

 
 
 
 
 
 
 
 
 
 
 
 
  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 
amending  Council  Directives  89/665/EEC  and  92/13/EEC  with  regard  to  improving  the 
effectiveness of review procedures concerning the award of public , OJ L 335, 20.12.2007 
 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32007L0066 

  Council  Directive  2004/81/EC  of  29  April  2004  on  the  residence  permit  issued  to  third-
country  nationals  who  are  victims  of  trafficking  in  human  beings  or  who  have  been  the 
subject  of  an  action  to  facilitate  illegal  immigration,  who  cooperate  with  the  competent 
authorities, OJ L 261, 6.8.2004 
https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32004L0081  

Non legislative measures 

  European  Commission,  Communication  on  Reporting  on  the  follow-up  to  the  EU  Strategy 
towards  the  Eradication  of  trafficking  in  human  beings  and  identifying  further  concrete 
actions, COM (2017) 728 final 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/20171204_communication_reporting_on_follow-
up_to_the_eu_strategy_towards_the_eradication_of_trafficking_in_human_beings.pdf 

  Report  from  the  European  Commission  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), COM(2016) 722 final 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_member_states_compliance_with_directive_2
011-36_en.pdf  

  Report  from  the  European  Commission    assessing  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 beings, in accordance 
with Article 23 (2) of the Directive 2011/36/EU, COM(2016) 719 final  
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_impact_of_national_legislation_related_to_thb
_en.pdf 

  European Commission, 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 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_the_progress_made_in_the_fight_against_traff
icking_in_human_beings_2016.pdf 

  European Commission, Staff Working Document, Accompanying the document Report on the 
progress  made  in  the  fight  against  trafficking  in  human  beings  (2016)  as  required  under 
Article 20 of Directive 2011/36/EU, SWD(2016) 159 final  
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/commission_staff_working_document.pdf  

89 

 
 
 
 
  
 
 
 
  
 
  European Commission, Mid-term report on the implementation of the EU strategy towards the 

eradication of trafficking in human beings, 2014  
http://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/commission_staff_working_document_-_mid-
term_report_on_the_implementation_of_the_eu_strategy_towards_the_eradication_of_traffic
king_in_human_beings.pdf 

  European  Commission,  Communication  on  the  application  of  Directive  2004/81  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, COM(2014) 635 final  
https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52014DC0635 

  European  Commission,  The  EU  Strategy  towards  the  eradication  of  trafficking  in  human 

beings 2012-2016, COM (2012) 286 final 
http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52012DC0286  

  European  Commission,  Communication  on  A  credible  enlargement  perspective  for  and 

enhanced EU engagement with the Western Balkans, COM(2018) 65 final  
https://ec.europa.eu/commission/sites/beta-political/files/communication-credible-
enlargement-perspective-western-balkans_en.pdf  

  European  Commission,  Assessing  the  implementation  of  the  EU  Framework  for  National 
Roma Integration Strategies and the Council Recommendation on effective Roma integration 
measures in the Member States, COM (2016) 424 final 
https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A52016DC0424  

  European Commission, Midterm review of the EU framework for national Roma integration 

strategies, COM(2017) 458 final 
 https://ec.europa.eu/transparency/regdoc/rep/1/2017/EN/COM-2017-458-F1-EN-MAIN-
PART-1.PDF  

  Council of the European Union, Council conclusions on establishing an informal EU Network 
of National Rapporteurs or Equivalent Mechanisms on Trafficking in Human Beings, 4 June 
2009 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/council_conclusions_on_national_rapporteur_network_2
009_en_1.pdf  

  Council  Conclusions  and  an  action  plan  on  financial  investigation  on  9  June  2016 

http://data.consilium.europa.eu/doc/document/ST-10125-2016-INIT/en/pdf 

  Council conclusions on setting the EU’s priorities for the fight against organised and serious 

international crime between 2018 and 2021 
http://data.consilium.europa.eu/doc/document/ST-8654-2017-INIT/en/pdf 

  Council of the European Union, EU Action Plan on Drugs 2017-2020, (2017/C 215/02) 

http://www.emcdda.europa.eu/system/files/attachments/5642/eu-action-plan%27-on-drugs-
2017-2020.pdf  

90 

 
 
 
 
 
 
 
 
 
 
 
  European Commission, Study on Comprehensive Policy Review of EC funded projects, 2016   

https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/study_on_comprehensive_policy_review.pdf 

  European Commission, The EU rights of victims of trafficking in human beings, 2013 

http://ec.europa.eu/dgs/home-affairs/e-
library/docs/thb_victims_rights/thb_victims_rights_en.pdf 

  European  Commission,  Guidelines  for  the  identification  of  victims  of  trafficking  in  human 

beings, Especially for Consular Services and Border Guards, 2013 
http://ec.europa.eu/dgs/home-affairs/e-library/docs/thb-victims-
identification/thb_identification_en.pdf 

  European Commission,  EU Action Plan against migrant  smuggling 2015-2020, COM(2015) 

285 final 
http://ec.europa.eu/dgs/home-affairs/e-
library/documents/policies/asylum/general/docs/eu_action_plan_against_migrant_smuggling_
en.pdf  

  European Commission, Action Plan on Human Rights and Democracy 2015-2019, "Keeping 

human rights at the heart of the EU agenda", JOIN(2015) 16 final   
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/joint_communication_on_human_rights_and_democracy
_en.pdf 

  European  Commission,  Gender  Equality  and  Women's  Empowerment:  Transforming  the 
Lives of Girls and Women through EU External Relations 2016-2020, SWD(2015) 182 final  
http://ec.europa.eu/europeaid/sites/devco/files/staff-working-document-gender-2016-2020-
20150922_en.pdf 

  European  Parliament  resolution  of  12  May  2016  on  implementation  of  the  Directive 
2011/36/EU  of  5  April  2011  on  preventing  and  combating  trafficking  in  human  beings  and 
protecting its victims from a gender perspective (2015/2118(INI)) 
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-
0227+0+DOC+XML+V0//EN 

  European  Parliament  resolution  of  5  July  2016  on  the  fight  against  trafficking  in  human 
relations 

beings 
(2015/2340(INI))http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-
//EP//TEXT+TA+P8-TA-2016-0300+0+DOC+XML+V0//EN 

external 

EU’s 

the 

in 

  Eurostat, Statistical Working Papers, Trafficking in Human Beings, 2015 Edition 

http://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/trafficking_in_human_beings_-
_eurostat_-_2015_edition.pdf  

Other sources 

  EASO, Annual Report on the Situation of Asylum in the European Union, 2016 

 https://www.easo.europa.eu/sites/default/files/Annual-Report-2016.pdf  

91 

 
 
 
 
 
 
  
 
 
 
 
 
  EASO,  Practical  Guide  on  age  assessment:  Second  edition  EASO  Practical  Guides  Series, 

2018  
https://www.easo.europa.eu/sites/default/files/easo-practical-guide-on-age-assesment-v3-
2018.pdf  

  EIGE, Cyber violence against women and girls, 2017  

https://eige.europa.eu/rdc/eige-publications/cyber-violence-against-women-and-girls 

  Eurojust, Implementation of the Eurojust Action Plan against Trafficking in Human Beings 
2012-2016, 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/implementation_of_the_eurojust_action_plan_against_t
hb_2012-2016_-_final_evaluation_report.pdf  

2017 

  Eurojust,  Prosecuting  Trafficking  in  Human  Beings  for  the  purpose  of  labour  exploitation, 

2015  
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_prosecuting_thb_for_the_purpose_of_labour_
exploitation_en_1.pdf  

  Europol, 

Financial  Business  Model 

of 

Trafficking 

in  Human  Beings, 

2015https://www.europol.europa.eu/publications-documents/trafficking-in-human-beings-
financial-business-model  

  Europol and Interpol, Report on Migrant Smuggling Networks, 2016 

https://www.europol.europa.eu/newsroom/news/europol-and-interpol-issue-comprehensive-
review-of-migrant-smuggling-networks  

  Europol, Situation Report Trafficking in human beings in the EU, 2016 

https://www.europol.europa.eu/publications-documents/trafficking-in-human-beings-in-eu  

  Europol Consolidated Annual Activity Reports (CAAR), 2017 

https://www.europol.europa.eu/publications-documents/consolidated-annual-activity-reports-
caar 

  Europol, Internet Organised Crime Threat Assessment (IOCTA), 2017 

https://www.europol.europa.eu/activities-services/main-reports/internet-organised-crime-
threat-assessment-iocta-2017 

  Europol, Europol Review 2016 – 2017, 2017 

https://www.europol.europa.eu/activities-services/main-reports/europol-review-2016-2017  

Europol,  European  Union  Serious  and  Organised  Crime  Threat  Assessment, 
2017https://www.europol.europa.eu/activities-services/main-reports/european-union-serious-
and-organised-crime-threat-assessment-2017  

  Europol, Situation Report on Counterfeiting and Piracy in the European Union, 2017  

https://www.europol.europa.eu/publications-documents/2017-situation-report-counterfeiting-
and-piracy-in-european-union  

92 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
  Europol, Two years of EMSC (European Migration and Smuggling Centre), Activity report 

January 2017- January 2018,  
https://www.europol.europa.eu/publications-documents/two-years-of-emsc 

  Europol, Situation Report on Criminal networks involved in the Trafficking and Exploitation 

of Underage Victims in the European Union, 2018 
https://www.europol.europa.eu/sites/default/files/documents/criminal_networks_involved_in
_the_trafficking_and_exploitation_of_underage_victims_in_the_eu.pdf 

  Financial Action Task Force, Report Financial Flows from Human Trafficking, 2018 
http://www.fatf-gafi.org/media/fatf/content/images/Human-Trafficking-2018.pdf  

  FRA, Fundamental Rights Report 2017, 2018 

http://fra.europa.eu/en/publication/2017/fundamental-rights-report-2017   

  FRA,  Fundamental  rights  and  the  interoperability  of  EU  information  systems:  borders  and 

security, 2018  
http://fra.europa.eu/en/publication/2017/fundamental-rights-interoperability  

  Frontex, VEGA: Handbook: Children at airports, Children at risk on the move Guidelines for 

border guards, 2016 
https://frontex.europa.eu/assets/Publications/Operations/VEGA_Children_Handbook.pdf 

  Frontex, Risk Analysis for 2016 

https://frontex.europa.eu/assets/Publications/Risk_Analysis/Annula_Risk_Analysis_2016.pd
f   

  Frontex, Annual Risk Analysis for 2017 

https://frontex.europa.eu/assets/Publications/Risk_Analysis/Annual_Risk_Analysis_2017.pd
f  

  Frontex, Risk Analysis for 2018 

https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_f
or_2018.pdf  

  GRETA, 7th General Report on GRETA’s activities, 2018 

https://rm.coe.int/greta-2018-1-7gr-en/16807af20e  

  GRETA, 6th General Report on GRETA’s activities, 2017 

https://rm.coe.int/1680706a42  

  ICAT , Issue Brief no. 4, The Gender Dimensions of Human Trafficking, 2017 

http://icat.network/sites/default/files/publications/documents/ICAT-IB-04-V.1.pdf  

 

ICAT, Issue Brief no. 3, Trafficking in Persons and Refugee Status, 2017 
http://icat.network/sites/default/files/publications/documents/ICAT-IB-03-V.2.pdf  

93 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

IOM,  La  tratta  di  esseri  umani  attraverso  la  rotta  del  mediterraneo  centrale:  dati,  storie  e 
informazioni 
le  migrazioni, 
dall’organizzazione 
2017https://italy.iom.int/sites/default/files/news-
documents/RAPPORTO_OIM_Vittime_di_tratta_0.pdf     

internazionale 

raccolte 

per 

  UNODC, 

2016 

Global 

Report 

on 

Trafficking 

in 

Persons, 

2016https://www.unodc.org/unodc/data-and-analysis/glotip.html  

  UNODC, Global Study on Smuggling of Migrants, 2018 

https://www.unodc.org/documents/data-and-analysis/glosom/GLOSOM_2018_web_small.pdf  

  UNWOMEN,  Report  on  the  Legal  Rights  of  Women  and  Girl  Asylum  Seekers  in  the 

European Union, 2017 
http://eca.unwomen.org/en/digital-library/publications/2017/03/report-on-the-legal-rights-of-
women-and-girl-asylum-seekers-in-the-european-union  

94