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  COM(2018) 777 final  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 {SWD(2018) 473 final}  
 
 
I. CONTEXT 
Trafficking in human beings is a constantly evolving serious form of mostly organised crime. 
It  brings  high  profits  to  the  perpetrators,  who  abuse  people’s  vulnerabilities  and  exploit  the 
demand for the services provided by the victims. It results in irreversible harm to its victims, 
our societies and economies. 

The  link  between  trafficking  in  human  beings  and  other  serious  crimes  is  increasingly 
understood.  The  complex  interplay  of  supply  and  demand  amongst  perpetrators,  abusers, 
profit-takers, exploiters and users creates a long chain of actors, whether they are knowingly 
or unknowingly involved. This chain must be broken in order to stop and effectively prevent 
this atrocious crime. 

It is in this context that the Commission implemented the 2012-2016 EU Strategy towards the 
eradication of trafficking in human beings1 (‘the EU Strategy’). Further, in December 2017, in 
its Communication on reporting on the follow-up to the EU Strategy towards the eradication 
of  trafficking  in  human  beings  and  identifying  further  concrete  actions  (‘the  2017 
Communication’)2  the  Commission  also  identified  further  concrete  actions  to  improve 
prevention.  The  Commission  continues  to  monitor  how  Member  States  implement 
Directive 2011/36/EU  on  preventing  and  combating  trafficking  in  human  beings  and 
protecting its victims3 (‘the Anti-Trafficking Directive’). 

This  is  the  second  Commission  report  on  progress  made  in  the  fight  against  trafficking  in 
human beings. It is based on a wide range of sources, including:  

 

information  gathered  by  the  national  rapporteurs  or  equivalent  mechanisms  and 
transmitted to the EU Anti-Trafficking Coordinator4 by the Member States pursuant to 
Article 19 and 20 of the Anti-Trafficking Directive5;  

  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 Beings6 and,  
information from relevant EU agencies, and international and regional organisations. 

 

This  report,  together  with  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 analyses statistical data provided by Member States and presents an update on the 

1   COM(2012) 286. 
2   COM(2017) 728. 
3   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. 

4    https://ec.europa.eu/anti-trafficking/eu-anti-trafficking-coordinator_en 
5   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’. 

6  https://ec.europa.eu/anti-trafficking/media-outreach-els/eu-civil-society-e-platform_en 

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implementation of Directive 2004/81/EC7 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. 

II. EMERGING PATTERNS AND TRENDS 
The  fourth  exercise  in  the  collection  of  statistics  on  trafficking  in  human  beings 
(predominantly focusing on the period 2015-2016) presented in this second progress report8, 
provides more data than the previous ones.  All Member States have provided statistical data, 
though  at  varying  levels  of  detail.  Eurostat  has  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 report9. 

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 20532 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  for  labour  exploitation  at  the  EU  level.  If  the  UK  data  are  not 
included, then the proportions within the EU 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 they rise 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. 

7   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. 

8   More details can be found in the accompanying staff working document and in the linked data analysis study 

containing updated statistics and methodological details.  

9   COM (2016) 267. 

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  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  in  which  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  in  relation  to  reducing  impunity,  such  as  the 
criminalisation of the use of services of victims of trafficking.  However, gaps  remain in the 
provision of data by Member States, which place limits on the reliability and comparability of 
the information. 

Member  States  should  improve  the  recording  and  registration,  as  well  as  reliability, 
availability  and  comparability  of  data,  but  also  ensure  they  can  break  it  down  by 
gender, age, forms of exploitation, citizenship of victims and perpetrators, as well as by 
assistance  and  protection.  Reliable  data  is  a  prerequisite  for  adequate  monitoring  and 
ensuring better policy-making. 

1.  Forms of exploitation 
Trafficking is a complex crime that develops often according to demand and the inventiveness 
of traffickers, with exploitation lying at its centre and taking many forms.  

  Trafficking for 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.  i.e. 
over  half  (56%)  of  the  registered  victims  who  had  a  recorded  form  of  exploitation, 
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 EU10. Victims are exploited in the sex and 
entertainment  industry,  facilitated  by  the  rapid  technological  development  and  the  use  of 
internet  for  advertising  services  and  the  recruitment  of  victims.  Emerging  patterns  reported 
include pornography, the use of live web cameras and live distant child sexual abuse.  

Europol’s finding11 that ‘there are Member States where prostitution is legal, making it much 
easier for traffickers who wish to use a legal environment in order to exploit their victims’ is 
echoed  by  Member  States’  reports  that  traffickers  tend  to  drive  their  victims  to  countries 
where prostitution is regulated and lawfully practised. In this respect, Europol12 finds that 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. 

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.  

10   https://frontex.europa.eu/assets/Publications/Risk_Analysis/Risk_Analysis/Risk_Analysis_for_2018.pdf 
11   Europol, Situation Report ‘Trafficking in Human Beings in the EU’, February 2016. 
12   Europol,  Situation  Report  on  Criminal  networks  involved  in  the  Trafficking  and  Exploitation  of  Underage 

Victims in the European Union, 2018 

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Member States should continue and further intensify their efforts to address trafficking 
for sexual exploitation, and make this a priority. They must put in place measures that 
boost their capacity to detect victims of all forms of exploitation, but this should not be 
done to the detriment of victims of sexual exploitation. 

  Trafficking for 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.   

According  to  Europol13,  ‘organised  criminal  groups  cater  to  the  growing  demand  for  cheap 
labour across many Member States, and take advantage of discrepancies in labour legislation 
to organise the exploitation of victims in the grey zone between legal employment and labour 
exploitation.’ 

Victims are exploited in the sectors of construction, agriculture and forestry, manufacturing, 
the  catering  industry,  care  services,  cleaning  services  and  domestic  work,  entertainment, 
fishing,  hospitality,  retail  and  transportation.  Numerous  reports  by  Member  States  and 
submissions  by  the  civil  society  refer  to  the  role  of  labour  inspectors  in  detecting  victims, 
and/or  the  need  for  increased  cooperation  between  law  enforcement  bodies  and  labour 
inspectorates.  

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 
Directive and the Anti-Trafficking Directive. 

The  Commission  notes however  that  not  all  exploitative  situations  in  the  EU  labour  market 
are a result of trafficking in human beings. 

  Other forms of exploitation 
In  2015-2016,  other  forms  of  exploitation  accounted  for  around  a  quarter  (18%)  of  the 
registered  victims.  This  includes  trafficking  for  forced  marriage,  forced  begging,  forced 
criminality,  among  other  purposes.  These  ‘other  forms’  are  associated  with  petty  crime, 
property  crime  and  benefit  fraud.  Trafficking  for  forced  criminality  and  forced  begging  are 
reported to be on the rise. 

Member  States  report  that  instances  of  victims  entering  into  sham  or  forced  marriages  are 
increasing. Such victims are also subjected to sexual exploitation, forced child bearing and/or 
labour exploitation, or forced into marrying non-EU citizens to regularise their stay. Europol14 
links  this  development  to  the  increase  in  recent  years  in  the  number  of  irregular  migrants 
seeking to transition to legal residence status after failed asylum applications. Victims of this 
form of trafficking are often forced to take loans or apply for social benefits. 

13   https://www.europol.europa.eu/activities-services/main-reports/european-union-serious-and-organised-crime-

threat-assessment-2017 

14   https://www.europol.europa.eu/activities-services/main-reports/european-union-serious-and-organised-crime-

threat-assessment-2017 

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Member  States  should  intensify  actions,  including  information  and  awareness-raising 
campaigns,  to  address  all  forms  of  exploitation.  They  should  also  introduce  targeted 
training for civil registrars and other officials likely to come into contact with victims of 
trafficking. 

2.  Emerging patterns of trafficking 
Internal trafficking, within the territory of a Member State, is reported to be on the increase. 
Member States report that the age of identified victims is decreasing. Children from Eastern 
European  countries  and  Roma  communities  continue  to  be  particularly  vulnerable,  with 
traffickers exploiting kinship. 

Other emerging patterns include cases of pregnant women being trafficked for the purpose of 
selling  their  new-borns,  trafficking  for  organs  or  human  tissue  removal  and  child  marriage. 
People  with  developmental  and  physical  disabilities  are  also  increasingly  targeted  by 
traffickers. 

3.  Trafficking in the context of migration 
The migration crisis is reported to have heightened the risks of trafficking. In its risk analysis 
for  2018,  the  European  Border  and  Coast  Guard  Agency  noted  that  ‘although  human 
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’15. 

Member States  report  on victims of trafficking found in asylum application  systems  and on 
organised criminal groups abusing asylum procedures. Member States also report traffickers 
requiring victims to apply for international protection in an attempt to regularise the victims’ 
status.  

Trafficking in human beings should be addressed in the context of migration, taking into 
account  new  patterns  such  as  the  disproportionate  targeting  of  women  and  girls 
trafficked for the purpose of sexual exploitation. Efforts should continue to ensure that 
all  victims  are  identified  and  provided  with  assistance  and  protection  appropriate  to 
their gender, age and the form of exploitation. 

4.  Profile and how the traffickers work  
Member States report that traffickers are constantly changing the ways they work, using less 
physical  force  but  more  psychological  and  emotional  violence.  They  also  report  that  the 
number of own nationals treated as suspects by Member States, as well as of women victims 
who are turned into perpetrators, is increasing. Criminal networks are highly mobile and often 
transnational, with cells in the victims’ countries of origin, transit and destination. According 
to Member States, traffickers use the internet and social networking tools to recruit victims, 
for  logistics,  to  enable  the  exploitation  of  victims,  and  as  a  marketing  platform  for 
prostitution.  Member  States  also  report  that  the  use  of  encryption  technologies  raises 
difficulties  for  investigative  authorities.  They  also  highlight  links  with  drug  trafficking, 
document fraud, currency falsification, property crimes, migrant smuggling, arms and illegal 
tobacco trafficking. 

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

5 

 
 
 
 
 
 
 
 
 
                                                           
In view of the ever-adjusting methods used by traffickers, Member States should ensure 
specialised  training  for  professionals  likely  to  come  in  contact  with  victims,  which  is 
adapted  to  the  role  of  new  information  technologies,  and  initiatives  to  prevent 
trafficking in human beings. 

III.  COUNTERING  THE  CULTURE  OF  IMPUNITY  AND  PREVENTION  OF 
TRAFFICKING IN HUMAN BEINGS 

Countering  the  culture  of  impunity  and  preventing  trafficking  in  human  beings  are  the 
Commission’s key priorities according to its 2017 Communication. The Commission will also 
continue  to  focus  on  disrupting  the  business  model  of  trafficking,  following  the  money  and 
untangling the trafficking chain. This section examines progress in investigating, prosecuting 
and  convicting  perpetrators,  as  well  as  measures  taken  to  improve  prevention  and  reduce 
demand. 

1. Encouraging the criminalisation of the use of services provided by the victims 
Further  encouraging  those  EU  Member  States,  to  the  extent  they  have  not  done  so,  to 
criminalise  those  who  knowingly  use  the  services  of  victims  is  at  the  core  of  the 
Commission’s  priorities  for  preventing  trafficking  in  human  beings  as  set  out  in  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’  Report’16,  which 
assesses  the  impact  of  national  legislation  criminalising  the  use  of  services  from  victims  of 
trafficking, reveals a diverse legal landscape within the EU. 

Only  three  Member  States  were  able  to  provide  statistical  data  on  police  contacts, 
prosecutions  and  convictions  related  to  the  criminalisation  of  the  users  of  such  services. 
Accordingly,  in  2015-2016,  2  suspects  (persons  brought  into  formal  contact  with  the 
authorities), 135 prosecutions, and 18 convictions were reported in the EU concerning the use 
of services which are the objects of trafficking in human beings.   

Member  States  informed  mainly  on  measures  related  to  the  use  of  services  provided  by 
victims  of  trafficking  for  sexual  and  labour  exploitation.  Member  States  also  reported  on 
action to address impunity for users of victims of trafficking for labour exploitation targeting, 
among others, subcontractors, intermediaries and supply chains.  

While  civil  society  organisations  have  expressed  concerns  over  a  lack  of  political  will  to 
implement relevant laws, Member States reported on new legislation related to criminalising 
those who knowingly use services provided by victims of trafficking.  

As  noted  in  previous  Commission  reports,  further  efforts  are  needed  to  counter 
impunity  by  ensuring  that  those  who  exploit  and  abuse  victims  are  brought  to  justice. 
The Commission continues to encourage Member States which  have not yet done so to 
proceed to the criminalisation of those who knowingly use services provided by victims 
of trafficking. 

16  COM(2016) 719,  
http://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_impact_of_national_legislation_related_to_thb_en.pdf 

6 

 
 
 
 
 
 
 
 
 
                                                           
2. Increasing and the  effectiveness of  prosecutions and convictions 
In 2015-2016, Member States reported 5979 prosecutions and 2927 convictions for trafficking 
in human beings. Generally, cross-border cooperation through Europol and Eurojust channels 
has  increased.  In  2016-2017,  there  were  2 476  new  cases,  and  8 411  new  operational 
messages referred to Europol. In 2014-2015, a large number of joint investigation teams were 
set up within Eurojust. 

Despite  some  increase  in  recent  years,  the  overall  level  of  prosecutions  and  convictions 
remains very low. Due to the complex nature of such investigations, there is often insufficient 
evidence to sustain a prosecution and bring a case to court. Consequently, charges are brought 
against offenders for other crimes, such as money laundering or prostitution-related offences. 

An  increase  in  the  awareness  and  use  of  financial  investigations  has  been  observed,  and 
measures  have  been  taken  to  make  investigations  more  effective.  Eurojust  reports17  in  its 
analysis of 28 cases that 75 % of them were tackled by joint investigation teams, and touched 
on  issues  such  as  money  laundering  investigations  and  following  money  flows.  It  also 
reported  improved  and  increased  use  of  freezing,  seizing  and  confiscating  the  proceeds  of 
crime, and proceeds being used to support victims. 

Civil society submissions have stressed the need to prioritise investigations and prosecutions 
of trafficking for sexual exploitation, and to address the excessive burden placed on victims 
and their testimonies, as well as the length of criminal proceedings. 

The  Commission  actively  supports  national  authorities  to  focus  on  improving  the 
efficiency  and  effectiveness  of  investigations  and  prosecutions  through  measures 
allowing  them  to  follow  the  money  and  the  profits  from  trafficking,  and  criminalising 
those who use the services of victims. 

3. Joint actions and cross-border cooperation 
Often  the  chain  of  organised  criminal  groups  spreads  outside  national  borders,  requiring 
transnational cooperation in investigations. 

EU  agencies  and  Member  States  report  an  increase  on  cross-border  cooperation  and  joint 
investigations,  with  an  increase  also  in  the  number  of  joint  investigation  teams  set  up  with 
non-EU countries, especially countries in the Western Balkans. Member States stress the need 
to  strengthen  international  cooperation  and  coordination  between  relevant  intelligence,  law 
enforcement,  prosecutorial  and  judicial  authorities  in  order  to  intensify  the  exchange  of 
information and streamline investigations. 

Member  States  should  continue  enhancing  transnational  law  enforcement  and  judicial 
cooperation. Cooperation with non-EU countries must be further enhanced by capacity 
building for joint investigation teams. 

4. Awareness raising, training and the trafficking chain 
Numerous initiatives including awareness-raising actions, training courses, legislative actions 
and  other  types  of  guidance18  take  place  in  Member  States.  Member  States  cooperate  with 

17   Eurojust, Implementation of the Eurojust action plan against trafficking in human beings 2012-2016, 2017. 
18   Legal obligation of Member States under Art. 18(3) of the Anti-Trafficking Directive. 

7 

 
 
 
 
 
 
 
 
 
 
 
                                                           
civil society organisations on trainings, but also use EU networks such the European Judicial 
Training Network or the EU Agency for Law Enforcement Training (‘CEPOL’). 

Awareness-raising  campaigns  in  Member  States  target  demand  for  services  exacted  from 
victims of trafficking, but limited information was shared on their impact. At the same time, 
civil society organisations focus on the need for campaigns or educational programmes aimed 
at  discouraging  demand  for  sexual  exploitation,  and  call  for  awareness-raising  campaigns 
targeting clients. 

Member States report on having taken legal and other measures to address the responsibility 
of legal persons in the broader trafficking chain, including cooperation with the private sector. 

Awareness-raising  and  training  measures  should  be  targeted  and  aimed  at  achieving 
concrete  results,  especially  to  prevent  the  crime.  Member  States  are  encouraged  to 
better  measure  their  impact.  Upholding  accountability  towards  the  victims  also  means 
ensuring that businesses are held accountable for their actions or inaction. 

IV. ACCESS TO JUSTICE AND ASSERTING THE RIGHTS OF VICTIMS 
A comprehensive framework to assist, support and protect victims when asserting their rights 
has been put in place under EU law, however there continue to be obstacles in implementing 
it19. 

Member States report that they are cooperating more closely with civil society organisations, 
whereas  civil  society  stresses  the  need  to  formalise  procedures  to  facilitate,  promote  and 
enhance information exchanges across all actors involved. 

The  Anti-Trafficking  Directive  reinforces  the  rules  on  protection  and  assistance  to  victims 
laid down in Directive 2004/81/EC on temporary residence permits. However, Member States 
have adopted only a limited number of relevant legislative initiatives since the Commission’s 
last implementation report in 201420, mostly aimed at strengthening legal certainty for victims 
and improving the functioning of the residence permits mechanism21. 

1.  Identifying the victims of trafficking in human beings 
The  first  progress  report  notes  that  the  possibilities  for  victims  to  assert  their  rights  are 
hindered by them not being identified or correctly referred. According to Member States, the 
level of threshold applied for initial identification of victims and the length of procedures vary 
across  the  EU.  Member  States  also  highlight  the  role  of  local  authorities  in  identifying 
victims.  Particular  challenges  arise  when  identifying  victims  in  mixed  migration  flows  and 
international protection procedures, including in cases where the victims have been exploited 
outside of the jurisdiction of a Member State. 

19   The Commission’s ‘Transposition Report’ concluded that national authorities have made substantial efforts, 
but  that  there  is  still  significant  room  for  improvement,  particularly  as  regards  protection  and  support 
measures. 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  in  accordance  with  Article  23(1), 
COM(2016) 722 final. 

20   COM(2014) 635. 
21   More information on the application of this Directive can be found in Annex I of the staff working document. 

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There is limited information on the impact of measures to identify, assist, support and protect 
the victims. Civil society organisations report difficulties in relation to asylum procedures and 
issuing residence permits to victims of trafficking, who are non-EU nationals.  

Despite these challenges, Member States consider that progress has been made in identifying 
victims,  not  least  due  to  increased  cooperation  among  different  national  authorities  and 
sectors involved, and cooperation at cross-border level. 

The  early  identification  of  victims  of  trafficking  through  national  referral  systems, 
which should include asylum systems, is crucial in preventing the crime and protecting 
the victims. 

2.  National and transnational referral mechanisms 
Many  formalised  or  non-formalised  national  referral  mechanisms  have  been  set  up  in  the 
Member  States,  and  they  are  making  efforts  to  ensure  the  mechanisms  function  more 
smoothly and effectively. 

Member States report increasing transnational cooperation, including with non-EU countries, 
international  organisations  and  civil  society.  Moreover,  they  acknowledge  that  cooperation 
and established networks have improved the length of procedures, highlighting the support of 
EU funding. 

Civil  society  organisations  point  to  persistent  shortcomings  in  ensuring  a  multidisciplinary 
approach. They also note the failure to involve civil society, the lack of appropriate training 
and capacity building for all actors involved; and the lack of uniformity in decisions related to 
victims’ referral. 

In line with the 2017 Communication, the Commission has launched a study on reviewing the 
functioning of the Member States’ national and transnational referral mechanisms. 

3.  Assistance to and protection of victims of trafficking 
Despite  Member  States  reporting  improvements  in  the  assistance,  support  and  protection 
provided to victims, and in speeding up procedures, their unconditional and effective access to 
these  rights  is  not  always  guaranteed.  Improvements  include  using  modern  technology  to 
avoid  secondary  victimisation  in  criminal  proceedings,  and  establishing  shelters  and 
appropriate accommodation for victims.  

Identifying child victims and helping them access their rights, irrespective of their country of 
origin,  remains  a  challenge.  Member  States  report  having  specific  procedures  in  place, 
including through legislation, to address child trafficking, also in mixed migration flows. Civil 
society organisations stress the need to focus on ensuring appropriate expertise, training and 
capacity building for all relevant actors, including guardians, social and health workers. 

The  Commission  has  made  recommendations  to  the  Member  States  for  strengthening  the 
protection of migrant children. 

4.  Compensation of victims and the non-punishment principle 
Compensation  for  victims  is  often  hindered  by  the  complexity  and  diversity  of  the  national 
compensation schemes and the differences in compensation payments across Member States. 
Some Member States report that victims have received compensation. However, submissions 

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of  the  civil  society  point  out  to  difficulties  particularly  for  victims  of  trafficking  for  sexual 
exploitation,  who  are  not  able  to  meet  requirements  for  producing  evidence  of  verifiable 
expenses or employment losses.  

On  non-punishment  there  was  limited  information  provided  to  the  Commission  by  the 
Member  States.  In  particular,  victims  of  trafficking  for  sexual  exploitation  and  for  forced 
criminal  activities  are  at  high  risk  of  being  punished  for  crimes  they  have  been  forced  to 
commit, as reported by civil society submissions. 

Member States are encouraged to give effect to national legislation by ensuring tools are 
in place for victims to access compensation, including appropriate training and capacity 
building of relevant professionals. 

V.  COORDINATED  AND  CONSOLIDATED  RESPONSE  WITHIN  THE  EU  AND 
BEYOND 
The  EU  Anti-Trafficking  Coordinator  provides  strategic  orientation  to  ensure  coherent 
policies  both  within  the  EU  and  with  non-EU  parties.  The  2017  Communication  made  it  a 
priority to develop a coordinated and consolidated response, both within and outside the EU22. 

As  a  deliverable  of  the  2017  Communication,  10  EU  agencies  signed  a  Joint  Statement  of 
Commitment  to  work  together  against  trafficking  in  human  beings23.  National  authorities 
invited  the  EU  Anti-Trafficking  Coordinator  to  conduct  country  visits,  and  numerous 
exchanges  with  governmental  and  non-governmental  stakeholders  have  taken  place. 
Moreover, three studies planned in the 2017 Communication have been launched24. 

There  are  numerous  external  policies,  partnerships  and  dialogues  with  non-EU  countries, 
which  address  trafficking  in  human  beings,  such  as  the  Khartoum  and  Rabat  processes,  the 
follow up to the Joint Valletta Action Plan and the joint AU-EU-UN Task Force, as well as 
through  its  CSDP  missions  and  operations.  Moreover,  the  EU  has  funded  numerous  anti-
trafficking actions in non-EU countries through its external financing instruments. 

The allocation of EU funding in the area of anti-trafficking policy has been examined by the 
Commission’s  Comprehensive  Policy  Review25.  The  Commission  continues  to  publish  calls 
for proposals to address trafficking in human beings under the Internal Security Fund and the 
Asylum  Migration  and  Integration  Fund.  EU  funding  has  become  available  in  national 
programmes  under  shared  management  and  direct  grants.  In  their  reports,  many  Member 
States  refer  to  national  and  EU  funding  for  anti-trafficking  initiatives  in  2014-2017.  EU 
funding provisions to support anti-trafficking policy have been included in the Commission's 

22  This  is  achieved  through  interactions  with  the  EU  Network  of  National  Rapporteurs  or  Equivalent   
Mechanisms; the EU Civil Society Platform against Trafficking in Human Beings; EU institutions (within the 
European Commission, with the European Parliament and the Council of the EU) and EU agencies, including 
justice and home affairs agencies, as well as strategic international partners in multilateral processes. 

23   Available at:  https://ec.europa.eu/anti-trafficking/eu-policy/heads-ten-eu-agencies-commit-working-together-

against-trafficking-human-beings_en  

24   1) Study on reviewing the Functioning of Member States’ National and Transnational Referral Mechanisms, 
2)  Study  on  the  economic,  social  and  human  costs  of  trafficking  and  3)  Study  on  the  impact  of  the  EU 
approach to combating trafficking for sexual exploitation. Tender available at: 
https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3932 

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

10 

 
 
 
 
 
 
 
 
                                                           
 
proposals for regulations related to 2021-2027 Multiannual Financial Framework26. National 
funding is directed at actions on issues such as victims’ assistance and support, but Member 
States report on the difficulty of estimating exact amounts. Civil society organisations decry 
the scarcity of financial support for victim support programmes at national level and the lack 
of sustainability. 

The  Commission  encourages  Member  States  to  allocate  sufficient  resources  for  victim 
support  services  and  to  fight  trafficking  as  a  serious  and  organised  crime.  In  this 
context, Member States are further encouraged to take maximum advantage of shared 
management  funding  and  via  the  available  direct  grants  provided  in  various 
Commission funding instruments. 

VI. CONCLUSIONS 
The information on which this report is based demonstrates certain improvements, especially 
relating  to  cross-border  cooperation,  cooperation  with  civil  society,  use  of  financial 
investigations, setting up joint investigation teams, and developing national and transnational 
referral mechanisms. 

Nevertheless, trafficking in human beings remains a crime characterised by impunity for the 
perpetrators  and  those  who  exploit  the  victims.  The  findings  of  this  report  do  not  indicate 
that trafficking has decreased. Further, the analysis of the data reveals a tendency to identify 
victims of prioritised forms of exploitation, with certain categories of victims placed at the 
forefront of action, while others receive less attention. Information from the Member States 
reveals persisting complexities and a lack of progress in key areas. The Member States must 
therefore make it a priority to take all the necessary measures. 

Member  States  are  further  encouraged  to  take  decisive  measures  and  implement  a 
comprehensive  strategy  that  encompasses  all  aspects  of  the  trafficking  chain  in  order  to 
counter  impunity  and  foster  demand  reduction,  not  least  by  criminalising  those  who 
knowingly use the services of victims of trafficking. Victims continue to have limited access 
to their rights under EU law to protection and support, compensation and non-punishment. 

The low numbers of convictions and prosecutions, together with the number of EU victims, 
suggest  that  the  need  to  continue  stepping  up  identification  of  victims,  investigation, 
prosecution,  collecting  and  improving  data  recording  and  registration,  cross-border 
cooperation and raising awareness persists. 

The  Commission  has  taken  a  wide  range  of  steps  to  address  trafficking  in  human  beings, 
implemented many of the concrete actions of the 2017 Communication and will continue to 
assist in every possibly way, including by financially supporting the development of policy 
and operational measures to eradicate trafficking in human beings. 

26  https://publications.europa.eu/en/web/general-publications/eu_budget_for_the_future and 
https://ec.europa.eu/commission/publications/factsheets-long-term-budget-proposals_en  

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